Derelict vessels

AN ACT Relating to reducing impacts from derelict vessels; 1
amending RCW 79.100.050 and 79.100.120; and reenacting and amending 2
RCW 79.100.010. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 79.100.010 and 2014 c 195 s 604 are each reenacted 5
and amended to read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Abandoned vessel" means a vessel that has been left, moored, 9
or anchored in the same area without the express consent, or contrary 10
to the rules of, the owner, manager, or lessee of the aquatic lands 11
below or on which the vessel is located for either a period of more 12
than ((thirty)) 30 consecutive days or for more than a total of 13
((ninety)) 90 days in any ((three hundred sixty-five-day )) 365-day 14
period, and the vessel's owner is: (a) Not known or cannot be 15
located; or (b) known and located but is unwilling to take control of 16
the vessel. For the purposes of this subsection (1) only, "in the 17
same area" means within a radius of five miles of any location where 18
the vessel was previously moored or anchored on aquatic lands.19
H-2574.1
HOUSE BILL 2199
State of Washington 69th Legislature 2026 Regular Session
By Representatives Richards, Leavitt, Ryu, Ramel, Simmons, Reed,
Parshley, Zahn, Nance, Bronoske, Morgan, and Bernbaum
Prefiled 12/26/25. Read first time 01/12/26. Referred to Committee
on Agriculture & Natural Resources.
p. 1 HB 2199
(2) "Aquatic lands" means all tidelands, shorelands, harbor 1
areas, and the beds of navigable waters, including lands owned by the 2
state and lands owned by other public or private entities.3
(3) "Authorized public entity" includes any of the following: The 4
department of natural resources; the department of fish and wildlife; 5
the parks and recreation commission; a metropolitan park district; a 6
port district; and any city, town, or county with ownership, 7
management, or jurisdiction over the aquatic lands where an abandoned 8
or derelict vessel is located. 9
(4) "Department" means the department of natural resources.10
(5) "Derelict vessel" means ((the vessel's owner is known and can 11
be located, and exerts control of)) a vessel that:12
(a) Has been moored, anchored, or otherwise left in the waters of 13
the state or on public property contrary to RCW 79.02.300 or rules 14
adopted by an authorized public entity; 15
(b) Has been left on private property without authorization of 16
the owner; ((or))17
(c) Has been left for a period of seven consecutive days, and:18
(i) Is sunk or in imminent danger of sinking; 19
(ii) Is obstructing a waterway; or 20
(iii) Is endangering life or property; or21
(d) Has been in violation of state registration requirements 22
under RCW 88.02.550 for at least two full annual registration 23
periods. 24
(6) "Owner" means any natural person, firm, partnership, 25
corporation, association, government entity, or organization that has 26
a lawful right to possession of a vessel by purchase, exchange, gift, 27
lease, inheritance, or legal action whether or not the vessel is 28
subject to a security interest. 29
(7) "Ship" means every species of watercraft or other mobile 30
artificial contrivance, powered or unpowered, intended to be used for 31
transporting people or goods on water or for floating marine 32
construction or repair and that exceeds ((two hundred )) 200 feet in 33
length. 34
(8) "Vessel" means every species of watercraft or other mobile 35
artificial contrivance, powered or unpowered, intended to be used for 36
transporting people or goods on water or for floating marine 37
construction or repair and which does not exceed ((two hundred)) 200 38
feet in length. "Vessel" includes any trailer used for the 39
transportation of watercraft, or any attached floats or debris.40
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Sec. 2. RCW 79.100.050 and 2021 c 65 s 89 are each amended to 1
read as follows: 2
(1) ((After)) Subject to the contest provisions of RCW 3
79.100.120, after taking custody of a vessel, the authorized public 4
entity may use or dispose of the vessel in any appropriate and 5
environmentally sound manner without further notice to any owners, 6
but must give preference to uses that derive some monetary benefit 7
from the vessel, either in whole or in scrap. If no value can be 8
derived from the vessel, the authorized public entity must give 9
preference to the least costly, environmentally sound, reasonable 10
disposal option. Any disposal operations must be consistent with the 11
state solid waste disposal provisions provided for in chapter 70A.205 12
RCW. 13
(2) If the authorized public entity chooses to offer the vessel 14
at a public auction, either a minimum bid may be set or a letter of 15
credit may be required, or both, to discourage future reabandonment 16
of the vessel. 17
(3) Proceeds derived from the sale of the vessel must first be 18
applied to any administrative costs that are incurred by the 19
authorized public entity during the notification procedures set forth 20
in RCW 79.100.040, removal and disposal costs, and costs associated 21
with environmental damages directly or indirectly caused by the 22
vessel. If the proceeds derived from the vessel exceed all 23
administrative costs, removal and disposal costs, and costs 24
associated with environmental damages directly or indirectly caused 25
by the vessel, the remaining moneys must be applied to satisfying any 26
liens registered against the vessel. 27
(4) Any value derived from a vessel greater than all liens and 28
costs incurred reverts to the derelict vessel removal account 29
established in RCW 79.100.100. 30
Sec. 3. RCW 79.100.120 and 2023 c 39 s 1 are each amended to 31
read as follows: 32
(1)(a) An owner or lienholder seeking to contest an authorized 33
public entity's decision to take temporary possession or custody of a 34
vessel under this chapter, or to contest the amount of reimbursement 35
owed to an authorized public entity under this chapter, may request a 36
hearing in accordance with this section. 37
(b) A transferor or other entity with secondary liability under 38
this chapter or RCW 88.26.030 may commence a lawsuit in the superior 39
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court for the county in which custody of the vessel was taken to 1
contest the transferor's or other entity's liability or the amount of 2
reimbursement owed the authorized public entity under this chapter.3
(2)(a) If the contested decision or action was undertaken by a 4
state agency, a written request for a hearing related to the decision 5
or action must be filed with the pollution control hearings board and 6
served on the state agency in accordance with RCW 43.21B.230 (2) and 7
(3) within 30 days of the date the authorized public entity 8
((acquires)) secures or removes the vessel after acquiring custody 9
((of the vessel )) under RCW 79.100.040, or if the vessel is redeemed 10
before the authorized public entity acquires custody, the date of 11
redemption, or the right to a hearing is deemed waived and the 12
vessel's owner is liable for any costs owed the authorized public 13
entity. In the event of litigation, the prevailing party is entitled 14
to reasonable attorneys' fees and costs. 15
(b) Upon receipt of a timely hearing request, the pollution 16
control hearings board shall proceed to hear and determine the 17
validity of the decision to take the vessel into temporary possession 18
or custody and the reasonableness of any towing, storage, or other 19
charges permitted under this chapter. Within five business days after 20
the request for a hearing is filed, the pollution control hearings 21
board shall notify the vessel owner requesting the hearing and the 22
authorized public entity of the date, time, and location for the 23
hearing. Unless the vessel is redeemed before the request for hearing 24
is filed, the pollution control hearings board shall set the hearing 25
on a date that is within 10 business days of the filing of the 26
request for hearing. If the vessel is redeemed before the request for 27
a hearing is filed, the pollution control hearings board shall set 28
the hearing on a date that is within 60 days of the filing of the 29
request for hearing. 30
(c) Consistent with RCW 43.21B.305, a proceeding brought under 31
this subsection may be heard by one member of the pollution control 32
hearings board, whose decision is the final decision of the board. An 33
administrative law judge employed by the pollution control hearings 34
board may be substituted for a board member under this section.35
(3)(a) If the contested decision or action was undertaken by a 36
metropolitan park district, port district, city, town, or county, 37
which has adopted rules or procedures for contesting decisions or 38
actions pertaining to derelict or abandoned vessels, those rules or 39
procedures must be followed in order to contest a decision to take 40
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temporary possession or custody of a vessel, or to contest the amount 1
of reimbursement owed. 2
(b) If the metropolitan park district, port district, city, town, 3
or county has not adopted rules or procedures for contesting 4
decisions or actions pertaining to derelict or abandoned vessels, 5
then an owner or lienholder requesting a hearing under this section 6
must follow the procedure established in subsection (2) of this 7
section. 8
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