RCW 88.46.160 — Washington Code / Title 88 / Chapter 46 / Section 160
RCW 88.46.160: Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.
Status: in_force

Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and recovery equipment in accordance with standards adopted by the department. All persons conducting refueling, bunkering, or lightering operations, or oil transfer operations shall be trained in the use and deployment of oil spill containment and recovery equipment. The department shall adopt rules as necessary to carry out the provisions of this section by June 30, 2006. The rules shall include standards for the circumstances under which containment equipment should be deployed including standards requiring deployment of containment equipment prior to the transfer of oil when determined to be safe and effective by the department. The department may require a person or facility to employ alternative measures including but not limited to automatic shutoff devices and alarms, extra personnel to monitor the transfer, or containment equipment that is deployed quickly and effectively. The standards adopted by rule must be suitable to the specific environmental and operational conditions and characteristics of the facilities that are subject to the standards, and the department must consult with the United States coast guard with the objective of developing state standards that are compatible with federal requirements applicable to the activities covered by this section. An onshore or offshore facility shall include the procedures used to contain and recover discharges in the facility's contingency plan. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section. This section does not apply to a person operating a ship for personal pleasure or for recreational purposes.
RCW 88.32.250 — Washington Code / Title 88 / Chapter 32 / Section 250
RCW 88.32.250: Joint planning for improvement of navigable river—Contract—Joint board to control and direct work.
Status: in_force

The joint participation shall be under a contract in writing made in the names of the county, port district, and city, under ordinance or resolution that provides the nature and extent of the work, the extent of the participation of the parties, the division of the costs, and method of payment. The costs shall be paid from any funds of the county, city, or port district designated in the contract. The control and direction of the work shall be under a joint board consisting of one or more representatives of each party to the contract, as may be agreed upon by the parties. The representatives of the respective parties shall be appointed by the governing body of the respective parties. The joint board shall employ such help and services as may be required and fix the compensation to be paid for the services. The joint board shall consult with the corps of engineers, department of the army, and with the state secretary of transportation and the state director of ecology in furtherance of federal and state of Washington interests in the purposes of RCW 88.32.240 and 88.32.250 .
RCW 88.32.235 — Washington Code / Title 88 / Chapter 32 / Section 235
RCW 88.32.235: Joint aid river and harbor improvements—Declared county purpose.
Status: in_force

Any and every such purpose as is mentioned in the foregoing section is hereby declared to be a county purpose.
RCW 88.02.800 — Washington Code / Title 88 / Chapter 02 / Section 800
RCW 88.02.800: Issuance of temporary permits—Fee.
Status: in_force

(1) The department may authorize vessel dealers properly licensed under this chapter to issue temporary permits to operate vessels under rules adopted by the department. (2) The department, county auditor or other agent, or subagent appointed by the director shall collect the fee required under RCW 88.02.640 (1)(a) for each temporary permit application sold to an authorized vessel dealer.
RCW 88.40.040 — Washington Code / Title 88 / Chapter 40 / Section 040
RCW 88.40.040: Financial responsibility—Enforcement of federal oil pollution act—Holder of certificate, duties—Director.
Status: in_force

(1) The owner or operator of a vessel is not required to demonstrate financial responsibility under this chapter prior to using any port or place in Washington or state waters when necessary to avoid injury to the vessel's crew or passengers. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the United States coast guard. (2) The department may enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act. (3)(a)(i) The holder of a certificate under this chapter must notify the director of an oil spill or discharge in state waters consistent with chapters 90.48 and 90.56 RCW. (ii) The holder of a certificate of financial responsibility for more than one covered vessel or facility must notify the director if it experiences a spill or spill from a vessel or facility in another jurisdiction for which it may be liable and which may incur damages that exceed 15 percent of the financial resources reflected by the certificate. (b) Upon notification of an oil spill or discharge or other potential liability by the owner or operator of a vessel or facility that holds a certificate of financial responsibility under (a) of this subsection, the director may reevaluate the validity of the certificate of financial responsibility under this chapter. The director must reevaluate the validity of a certificate of financial responsibility under this chapter upon notification of a spill for which the certificate holder may be liable and which may incur damages that exceed 25 percent of the financial resources reflected by the certificate. The director may suspend or revoke a certificate of financial responsibility if the director determines that, because of a spill, discharge, or other action or potential liability, the holder of the certificate is likely to no longer have the financial resources to both pay damages for the oil spill or discharge or other action or potential liability and have resources remaining available in an amount sufficient to meet the requirements of this chapter, effective 10 days after its determination. (c) Upon a determination by the director under (a) of this subsection that a certificate has been suspended or revoked as a result of a spill, the owner or operator of a facility or vessel required to obtain a certificate of financial responsibility under this chapter may receive a new certificate of financial responsibility from the director upon a demonstration to the satisfaction of the director the amount of financial ability required pursuant to this chapter, as well as the financial ability to pay all reasonably estimated anticipated damages that arise or have arisen from the spill or spills that have occurred. The department must expeditiously review any applications from owners or operators whose certificates have been suspended or revoked by the department under this section. The department may issue a temporary certificate of financial responsibility to an owner or operator whose certificate has previously been revoked or suspended in order to allow the owner or operator to continue to operate a facility or vessel while the department evaluates a pending application from the owner or operator for a new certificate. It is in the interest of the state to issue and manage certificates of financial responsibility in a manner that does not create or contribute to delays in commerce for vessels and facilities subject to the requirements of this chapter. The department is directed to adopt rules to implement this chapter accordingly. (4) An owner or operator of more than one vessel subject to the requirements of this chapter, more than one facility subject to the requirements of this chapter, or more than one vessel and facility subject to the requirements of this chapter, may: (a) Obtain a single certificate of financial responsibility that applies to all of the owner's or operator's vessels and facilities. The department must base the terms of such a certificate upon the vessel or facility that represents the greatest financial risk in the event of a spill; or (b) Obtain separate certificates that each apply to a subset of the owner's or operator's vessels or facilities, provided that each vessel or facility of the owner or operator is covered by at least one valid certificate.
RCW 88.32.170 — Washington Code / Title 88 / Chapter 32 / Section 170
RCW 88.32.170: Payment in full—Calls for bonds, notice—Bond owners' rights.
Status: in_force

The owner of any lot or parcel of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him or her of such assessment, as herein provided, or may redeem the same at any time after the bonds above specified shall have been issued, by paying the full amount of all the principal and interest to the end of the interest year then expiring, or next to expire. The county treasurer shall pay the interest on the bonds authorized to be issued under RCW 88.32.010 through 88.32.220 out of the respective local improvement funds from which they are payable, and whenever there shall be sufficient money in any local improvement fund, against which bonds have been issued under the provisions of RCW 88.32.010 through 88.32.220 , over and above the amount necessary for the payment of interest on all unpaid bonds, and sufficient to pay the principal of one or more bonds, the county treasurer shall call in and pay such bonds, provided that such bonds shall be called in and paid in their numerical order: PROVIDED, FURTHER, That such call shall be made by publication in the county official newspaper, on the day following the delinquency of the installment of the assessment, or as soon thereafter as practicable, and shall state that bonds numbers . . . . . . (giving the serial number or numbers of the bonds called), will be paid on the day the interest payment on said bonds shall become due, and interest upon such bonds shall cease upon such date. If the county shall fail, neglect, or refuse to pay said bonds or promptly to collect any of said assessments when due, the owner of any such bonds may proceed in his or her own name to collect such assessment and foreclose the lien thereof in any court of competent jurisdiction, and shall recover in addition to the amount of such bonds and interest thereon, five percent, together with the costs of such suit. Any number of owners of such bonds for any single improvement, may join as plaintiffs and any number of owners of the property on which the same are a lien may be joined as defendants in such suit.
RCW 88.46.062 — Washington Code / Title 88 / Chapter 46 / Section 062
RCW 88.46.062: Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.
Status: in_force

(1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose of providing oil spill response and contingency plan coverage in compliance with RCW 88.46.060 . (2) The maritime commission may conduct activities and make expenditures necessary for the transition of services presently provided by the commission and its contractors to the nonprofit corporation established pursuant to this section. (3) Once the nonprofit corporation is established and the transfers under RCW 88.46.063 are completed, the maritime commission may cease operation.
RCW 88.32.200 — Washington Code / Title 88 / Chapter 32 / Section 200
RCW 88.32.200: Improvement by counties jointly—Joint board of equalization.
Status: in_force

For purposes of a board of equalization, said boards shall from time to time meet as a joint board as aforesaid, and have a chair and clerk as aforesaid, and for all purposes under RCW 88.32.070 and 88.32.080 , in case of counties joining, the word board wherever occurring in said sections shall be interpreted to mean such joint board, and the word clerk shall be deemed to mean the clerk of such joint board, and the posting of notices shall be in at least ten public places in each county, and the publication of the same shall be in a newspaper of each county, and the objections mentioned in RCW 88.32.080 shall be filed with the clerk of the joint board, who shall cause a copy thereof, certified by him or her to be filed with the clerk of the board of county commissioners of the county where the real estate of the party objecting is situated.
RCW 88.28.060 — Washington Code / Title 88 / Chapter 28 / Section 060
RCW 88.28.060: Discharging ballast, when prohibited—Exception—City areas—Penalty.
Status: in_force

Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water is less than twenty fathoms deep, shall, on conviction thereof, be fined in any sum not less than seventy-five dollars, nor more than five hundred dollars: PROVIDED, That nothing in this section shall be so construed as to prevent any such person from discharging ballast from such vessel on the beach at or above ordinary high tide in all waters where the tide ebbs and flows, and that no ballast shall be discharged on any of the flats included within the boundary of any city or townsite or extension thereof: AND PROVIDED FURTHER, That in harbors within or in front of any incorporated city, where the waters are less than twenty fathoms deep, a section of said harbor may be set aside and designated by the city council of said city as a ballast ground, where ballast may be discharged under control of a harbor master to be appointed by the council.
RCW 88.02.795 — Washington Code / Title 88 / Chapter 02 / Section 795
RCW 88.02.795: Additional penalties for unauthorized or personal use of dealer display decals.
Status: in_force

(1) In addition to other penalties imposed under this chapter for unauthorized or personal use of vessel dealer display decals, the director may: (a) Confiscate all vessel dealer display decals for a period that the director deems appropriate; and (b) Impose a monetary penalty not exceeding twice the amount of excise tax that should have been paid to properly register each vessel. The monetary penalty: (i) May be in addition to or in lieu of other sanctions; and (ii) Is in addition to any fees owing to properly register each vessel. (2) Any monetary penalty imposed or vessel dealer display decals confiscated must be done in accordance with chapter 34.05 RCW. Any monetary penalty imposed by the director and the delinquent excise taxes collected must be deposited in the general fund.
RCW 88.24.070 — Washington Code / Title 88 / Chapter 24 / Section 070
RCW 88.24.070: County acquisition by condemnation of right-of-way.
Status: in_force

In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tidelands or other lands over which it is proposed to build, construct or maintain such wharf or landing, whether such interest be a title in fee simple or as lessee or under contract of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons, firm or corporation claiming such interest or title as to the compensation to be paid for the taking of such strip of tidelands or other lands, then and in that case such board of county commissioners may by an order direct proceedings to procure a right-of-way over said tidelands or other lands to be brought in the superior court by the prosecuting attorney in the manner provided by law, for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided by the laws of this state for the appropriation of lands and other property by counties for public use.
RCW 88.46.926 — Washington Code / Title 88 / Chapter 46 / Section 926
RCW 88.46.926: Apportionments of budgeted funds.
Status: in_force

If apportionments of budgeted funds are required because of the transfers directed by *RCW 88.46.922 through 88.46.925 , the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
RCW 88.32.240 — Washington Code / Title 88 / Chapter 32 / Section 240
RCW 88.32.240: Joint planning for improvement of navigable river—Development of river valley.
Status: in_force

Any county together with any port district therein and first-class city in such county may participate jointly in surveys, investigations and studies for determining the location, type and design, with cost estimates, of a project plan for the improvement of any section or sections, within or without the limits of such city, of any navigable river emptying into tidal waters in such city, in aid of commerce and navigation and in aid of the comprehensive land use and development of such river valley, including present and future industrial and manufacturing uses.
RCW 88.40.011 — Washington Code / Title 88 / Chapter 40 / Section 011
RCW 88.40.011: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Barge" means a vessel that is not self-propelled. (2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system. (3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons. (4) "Certificate of financial responsibility" means an official written acknowledgment issued by the director or the director's designee that an owner or operator of a covered vessel or facility, or the owner of the oil, has demonstrated to the satisfaction of the director or the director's designee that the relevant entity has the financial ability to pay for costs and damages caused by an oil spill. (5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel. (6) "Department" means the department of ecology. (7) "Director" means the director of the department of ecology. (8)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk. (b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330 ; (iv) underground storage tank regulated by the department or a local government under chapter 70A.355 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction. (9) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish. (10) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30. (11) "Hazardous substances" means any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter: (a) Wastes listed as F001 through F028 in Table 302.4; and (b) Wastes listed as K001 through K136 in Table 302.4. (12) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce. (13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. (14) "Oil" or "oils" means oil of any kind that is liquid at twenty-five degrees Celsius and one atmosphere of pressure and any fractionation thereof, including, but not limited to, crude oil, bitumen, synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section 102(a) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. (15) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines. (16)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment. (b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility. (17) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation. (18) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind. (19) "Spill" means an unauthorized discharge of oil into the waters of the state. (20) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that: (a) Operates on the waters of the state; or (b) Transfers oil in a port or place subject to the jurisdiction of this state. (21) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
RCW 88.16.140 — Washington Code / Title 88 / Chapter 16 / Section 140
RCW 88.16.140: Pilot's lien for compensation.
Status: in_force

Each vessel, its tackle, apparel and furniture and the owner thereof shall be jointly and severally liable for the compensation of any pilot employed thereon and such pilot shall have a lien upon such vessel, her tackle, apparel and furniture for such compensation.
RCW 88.16.190 — Washington Code / Title 88 / Chapter 16 / Section 190
RCW 88.16.190: Oil tankers—Restricted waters—Requirements.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2436.SL ) ***

(1) Any oil tanker, whether enrolled or registered, of greater than one hundred twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light, unless authorized by the United States coast guard, pursuant to 33 C.F.R. Sec. 165.1303. (2)(a)(i) An oil tanker of forty to one hundred twenty-five thousand deadweight tons may operate in the waters east of a line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area, including but not limited to the San Juan Islands and connected waterways and the waters south of Admiralty Inlet, to the extent that these waters are within the territorial boundaries of Washington, only if the oil tanker is under the escort of a tug or tugs that have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker. (ii) Effective September 1, 2020, the following may operate in Rosario Strait and connected waterways to the east only if under the escort of a tug or tugs that have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of a forty thousand deadweight ton oil tanker: (A) Oil tankers of between five thousand and forty thousand deadweight tons; and (B) both articulated tug barges and towed waterborne vessels or barges that are: (I) Designed to transport oil in bulk internal to the hull; and (II) greater than five thousand deadweight tons. (iii) The requirements of (a)(ii) of this subsection: (A) Do not apply to vessels providing bunkering or refueling services; (B) do not apply to a towed general cargo deck barge; and (C) may be adjusted or suspended by rule by the board of pilotage commissioners, consistent with RCW 88.16.260 (1)(c). (b) An oil tanker, articulated tug barge, or towed waterborne vessel or barge in ballast or when unladen is not required to be under the escort of a tug. (c) A tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 and 88.16.180 . (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge. (b) "Oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk. "Oil tanker" does not include an articulated tug barge tank vessel. (c) "Towed general cargo deck barge" means a waterborne vessel or barge designed to carry cargo on deck. (d) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.
RCW 88.02.540 — Washington Code / Title 88 / Chapter 02 / Section 540
RCW 88.02.540: Quick title—Application requirements—Subagents.
Status: in_force

(1) The application for a quick title of a vessel must be made by the owner or the owner's representative to the department, participating county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain: (a) A description of the vessel, including make, model, hull identification number, series, and body; (b) The name and address of the person who is to be the registered owner of the vessel and, if the vessel is subject to a security interest, the name and address of the secured party; and (c) Other information as may be required by the department. (2) The application for a quick title must be signed by the person applying to be the registered owner and be sworn to by that person in the manner described under chapter 5.50 RCW. The department must keep a copy of the application. (3) The application for a quick title must be accompanied by: (a) All fees and taxes due for an application for a certificate of title, including a quick title service fee under RCW 88.02.640 (1); and (b) The most recent certificate of title or other satisfactory evidence of ownership. (4) All applications for quick title must meet the requirements established by the department. (5) For the purposes of this section, "quick title" means a certificate of title printed at the time of application. (6) A subagent may process a quick title under this section only after (a) the department has instituted a process in which blank certificates of title can be inventoried; (b) the county auditor of the county in which the subagent is located has processed quick titles for a minimum of six months; and (c) the county auditor approves a request from a subagent in its county to process quick titles.
RCW 88.02.780 — Washington Code / Title 88 / Chapter 02 / Section 780
RCW 88.02.780: Records of the purchase and sale of vessels.
Status: in_force

(1) A vessel dealer shall complete and maintain for a period of at least three years a record of the purchase and sale of all vessels purchased or consigned and sold by the vessel dealer. Records must be made available for inspection by the department during normal business hours. (2) Before renewal of the vessel dealer license, the department shall require, on the forms prescribed, a record of the number of vessels sold during the license year. Vessel dealers who assert that they qualify for the exemption provided in RCW 88.02.710 (2) shall also record, on forms prescribed, the highest retail value of any vessel sold in the license year.
RCW 88.02.530 — Washington Code / Title 88 / Chapter 02 / Section 530
RCW 88.02.530: Duplicate certificates of title.
Status: in_force

(1) A legal owner or the legal owner's authorized representative shall promptly apply for a duplicate certificate of title if a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate certificate of title must: (a) Include information required by the department; (b) Be accompanied by an affidavit of loss or destruction; (c) Be accompanied by the fee required in *RCW 88.02.640 (1)(k). (2) The duplicate certificate of title must contain the word "duplicate." It must be mailed to the first priority secured party named in it or, if none, to the registered owner. (3) A person recovering a certificate of title for which a duplicate has been issued shall promptly return the certificate of title that has been recovered to the department.
RCW 88.46.100 — Washington Code / Title 88 / Chapter 46 / Section 100
RCW 88.46.100: Notification of vessel emergencies resulting in discharge of oil.
Status: in_force

In addition to any notifications that the owner or operator of a covered vessel must provide to the United States coast guard regarding a vessel emergency, the owner or operator of a covered vessel must notify the state of any vessel emergency that results in the discharge or substantial threat of discharge of oil to state waters or that may affect the natural resources of the state within one hour of the onset of that emergency. The purpose of this notification is to enable the department to coordinate with the vessel operator, contingency plan holder, and the United States coast guard to protect the public health, welfare, and natural resources of the state and to ensure all reasonable spill preparedness and response measures are in place prior to a spill occurring.
RCW 88.32.080 — Washington Code / Title 88 / Chapter 32 / Section 080
RCW 88.32.080: Hearing on roll—Objections—Certification for collection.
Status: in_force

Any person interested in any real estate affected by such assessment may appear and file objections to the assessment roll, and the board of county commissioners may make an order regarding the time of filing such objections, as to them seems proper. As to all parcels, lots or blocks as to which no objections are filed within the time so fixed, the assessment thereon shall be confirmed. On the hearing, each party may offer proof and the board shall then have authority to affirm, modify, change and determine the assessment in such sum as to them appears just and right. When the assessment is finally equalized and fixed by the board of county commissioners, the clerk thereof shall certify the same to the county treasurer for collection, or if appeal has been taken from any part thereof, then so much thereof, as has not been appealed from, shall be certified.
RCW 88.24.040 — Washington Code / Title 88 / Chapter 24 / Section 040
RCW 88.24.040: Construction requirements of wharves—When deemed incomplete.
Status: in_force

All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inches of the outer edge thereof, except at the ends.
RCW 88.02.595 — Washington Code / Title 88 / Chapter 02 / Section 595
RCW 88.02.595: Replacement decals.
Status: in_force

(1) A registered owner or the registered owner's authorized representative shall promptly apply for a pair of replacement decals when the decals are lost, stolen, mutilated, or destroyed, or become illegible. The application for replacement decals must: (a) Be accompanied by an affidavit of loss or destruction; (b) Include information required by the department; (c) Be accompanied by the fee required in *RCW 88.02.640 (1)(j), in addition to any other fees or taxes required for the transaction. (2) A person recovering decals for which a replacement has been issued shall promptly return the decals that have been recovered to the department.
RCW 88.16.100 — Washington Code / Title 88 / Chapter 16 / Section 100
RCW 88.16.100: Pilots' licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review.
Status: in_force

(1) The board shall have power on its own motion or, in its discretion, upon the written request of any interested party, to investigate the performance of pilotage services subject to this chapter and to issue a reprimand, impose a fine against a pilot in an amount not to exceed five thousand dollars, suspend, withhold, or revoke the license of any pilot, or any combination of the above, for misconduct, incompetency, inattention to duty, intoxication, or failure to perform his duties under this chapter, or violation of any of the rules or regulations provided by the board for the government of pilots. The board may partially or totally stay any disciplinary action authorized in this subsection and subsection (2) of this section. The board shall have the power to require that a pilot satisfactorily complete a specific course of training or treatment. (2) In all instances where a pilot licensed under this chapter performs pilot services on a vessel exempt under RCW 88.16.070 , the board may on its own motion, or in its discretion upon the written request of any interested party, investigate whether the services were performed in a professional manner consistent with sound maritime practices. If the board finds that the pilotage services were performed in a manner that constitutes an act of incompetence, misconduct, or negligence so as to endanger life, limb, or property, or violated or failed to comply with state laws or regulations intended to promote marine safety or to protect navigable waters, the board may issue a reprimand, impose a fine against a pilot in an amount not to exceed five thousand dollars, suspend, withhold, or revoke the state pilot license, or any combination of the above. The board shall have the power to require that a pilot satisfactorily complete a specific course of training or treatment. (3) The board shall implement a system of specified disciplinary actions or corrective actions, including training or treatment, that will be taken when a state licensed pilot in a specified period of time has had multiple disciplinary actions taken against the pilot's license pursuant to subsections (1) and (2) of this section. In developing these disciplinary or corrective actions, the board shall take into account the cause of the disciplinary action and the pilot's previous record. (4) The board shall immediately review the pilot's license of a pilot who has been charged with any offense involving drugs or the personal consumption of alcohol while on duty, including an offense of operation of a vehicle or vessel while under the influence of alcohol or drugs. After a hearing held pursuant to subsection (5) of this section: (a) The board shall order a pilot who has been found to have been convicted of an offense involving drugs or the personal consumption of alcohol while on duty and who has not been convicted of another offense involving drugs or the personal consumption of alcohol in the previous five years to actively participate in and satisfactorily complete a specific program of treatment. The board may impose other sanctions it determines are appropriate. If the pilot does not satisfactorily complete the program of treatment, the board shall suspend, revoke, or withhold the pilot's license until the treatment is completed; and (b) The board shall suspend for not less than one year the license of a pilot found to have been convicted of a second or subsequent offense involving drugs or the personal consumption of alcohol while on duty. (5) When the board determines that reasonable cause exists to issue a reprimand, impose a fine, suspend, revoke, or withhold any pilot's license or require training or treatment under subsection (1), (2), or (4) of this section, it shall prepare and personally serve upon such pilot a notice advising him or her of the board's intended action, the specific grounds for the action, and the right to request a hearing to challenge the board's action. The pilot shall have thirty days from the date on which notice is served to request a full hearing before an administrative law judge on the issue of the reprimand, fine, suspension, revocation, or withholding of his or her pilot's license, or requiring treatment or training. The board's proposed reprimand, fine, suspension, revocation, or withholding of a license, or requiring treatment or training shall become final upon the expiration of thirty days from the date notice is served, unless a hearing has been requested prior to that time. When a hearing is requested, the board shall request the appointment of an administrative law judge under chapter 34.12 RCW who has sufficient experience and familiarity with pilotage matters to be able to conduct a fair and impartial hearing. The hearing shall be governed by the provisions of Title 34 RCW. All final decisions of the administrative law judge shall be subject to review by the superior court of the state of Washington for Thurston county, by the superior court of the county in which the pilot maintains his or her residence or principal place of business, or by the superior court of the county in which the board maintains its office, to which court any case with all the papers and proceedings therein shall be immediately certified by the administrative law judge if requested to do so by any party to the proceedings at any time within thirty days after the date of any such final decision. No appeal may be taken after the expiration of thirty days after the date of final decision. Any case so certified to the superior court shall be tried de novo and after certification of the record to said superior court the proceedings shall be had as in a civil action. Moneys collected from fines under this section shall be deposited in the pilotage account. (6) The board shall have the power, on an emergency basis, to temporarily suspend a state pilot's license: (a) When a pilot has been involved in any vessel accident where there has been major property damage, loss of life, or loss of a vessel, or (b) where there is a reasonable cause to believe that a pilot has diminished mental capacity or is under the influence of drugs, alcohol, or other substances, when in the opinion of the board, such an accident or physical or mental impairment would significantly diminish that pilot's ability to carry out pilotage duties and that the public health, safety, and welfare requires such emergency action. The board shall make a determination within seventy-two hours whether to continue the suspension. The board shall develop rules for exercising this authority including procedures for the chairperson or vice chairperson of the board to temporarily order such suspensions, emergency meetings of the board to consider such suspensions, the length of suspension, opportunities for hearings, and an appeal process. The board shall develop rules under chapter 34.05 RCW. (7) The board shall immediately notify the United States coast guard that it has revoked or suspended a license pursuant to this section and that a suspended or revoked license has been reinstated.
RCW 88.46.230 — Washington Code / Title 88 / Chapter 46 / Section 230
RCW 88.46.230: Umbrella plan holders.
Status: in_force

(1) When submitting a contingency plan to the department under RCW 88.46.060 , any umbrella plan holder that enrolls both tank vessels and covered vessels that are not tank vessels must, in addition to satisfying the other requirements of this chapter, specify: (a) The maximum worst case discharge volume from covered vessels that are not tank vessels to be covered by the umbrella plan holder's contingency plan; and (b) The maximum worst case discharge volume from tank vessels to be covered by the umbrella plan holder's contingency plan. (2) Any owner or operator of a covered vessel having a worst case discharge volume that exceeds the maximum volume covered by an approved umbrella plan holder may enroll with the umbrella plan holder if the owner or operator of the covered vessel maintains an agreement with another entity to provide supplemental equipment sufficient to meet the requirements of this chapter. (3) The department must approve an umbrella plan holder that covers vessels having a worst case discharge volume that exceeds the maximum volume if: (a) The department determines that the umbrella plan holder should be approved for a lower discharge volume; (b) The vessel owner or operator provides documentation to the umbrella plan holder authorizing the umbrella plan holder to activate additional resources sufficient to meet the worst case discharge volume of the vessel; and (c) The department has previously approved a plan that provides access to the same resources identified in (3)(b) [(b) of this subsection] to meet the requirements of this chapter for worst case discharge volumes equal to or greater than the worst case discharge volume of the vessel. (4) The umbrella plan holder must describe in the plan how the activation of additional resources will be implemented and provide the department the ability to review and inspect any documentation that the umbrella plan holder relies on to enroll a vessel with a worst case discharge that exceeds the plan's maximum volume.
RCW 88.02.340 — Washington Code / Title 88 / Chapter 02 / Section 340
RCW 88.02.340: Inspection of registration certificates, out-of-state vessels.
Status: in_force

(1) Any person charged with the enforcement of this chapter may inspect the registration certificate of a vessel to ascertain the legal and registered ownership of the vessel. A vessel owner or operator who fails to provide the registration certificate for inspection upon the request of any person charged with enforcement of this chapter may be found to be in violation of this chapter. (2) The department may require the inspection of vessels that are brought into this state from another state and for which a certificate of title has not been issued and for any other vessel if the department determines that inspection of the vessel will help to verify the accuracy of the information set forth on the application.
RCW 88.40.030 — Washington Code / Title 88 / Chapter 40 / Section 030
RCW 88.40.030: Financial responsibility—Documentation—Qualification as self-insurer—Certificate.
Status: in_force

(1) The owner or operator of a vessel or facility that is required to demonstrate financial responsibility under this chapter may do so by any one of, or a combination of, the following methods acceptable to the department: (a) Evidence of insurance; (b) Surety bonds; (c) Guaranty; (d) Letter of credit; (e) Certificates of deposit; (f) Protection and indemnity club membership; (g) A certificate evidencing compliance with the requirements of another state's financial responsibility requirements or federal financial responsibility requirements if the state or federal government requires a level of financial responsibility the same as or greater than that required under this chapter; or (h) Other evidence of financial responsibility deemed acceptable by the department. (2) In addition to the options provided in subsection (1) of this section, the owner or operator of a vessel or facility may demonstrate financial responsibility under this chapter through qualification as a self-insurer. Rules adopted by the department that provide a self-insurance option for vessels and facilities must require the applicant to thoroughly demonstrate the security of the applicant's financial position, which may include a demonstration of a combination of the applicant's assets, cash flow, equity, liabilities, and bond ratings. The department may require a certificate applicant relying on qualification as a self-insurer to demonstrate a greater monetary amount of financial responsibility than is required of applicants relying on a form of financial responsibility described in subsection (1) of this section. In adopting rules pertaining to self-insurance requirements, the department must establish standards that are no less protective than the qualification standards for self-insurance established in other jurisdictions with similar programs as of January 1, 2022, and from which Washington imports significant volumes of oil or petroleum products or to which Washington exports significant volumes of oil or petroleum products. (3) Upon determining that the owner or operator of a vessel or facility has adequately demonstrated financial responsibility to the department, the department must issue a certificate of financial responsibility to the owner or operator of the vessel or facility. (4) Any bond filed with the department to demonstrate financial responsibility under this chapter must be issued by a bonding company authorized to do business in the United States. (5) A certificate of financial responsibility, or a certificate specified in subsection (1)(g) of this section, must be kept on any covered vessel and filed with the department at least 24 hours before entry of the vessel into the navigable waters of the state. The owner or operator of a covered vessel must notify the department but is not required to file a certificate of financial responsibility 24 hours before entry of the vessel into the navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the federal government is the same as or exceeds state requirements. (6) A certificate of financial responsibility issued by the department under this chapter or otherwise used for compliance with this chapter may not have a term greater than two years.
RCW 88.46.130 — Washington Code / Title 88 / Chapter 46 / Section 130
RCW 88.46.130: Emergency response system.
Status: in_force

(1) By July 1, 2010, the owner or operator of a covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks light, shall establish and fund an emergency response system that provides for an emergency response towing vessel to be stationed at Neah Bay. (2) Any emergency response towing vessel provided under this section must: (a) Be available to serve vessels in distress in the Strait of Juan de Fuca and off of the western coast of the state from Cape Flattery light in Clallam county south to Cape Disappointment light in Pacific county; and (b) Meet the requirements specified in RCW 88.46.135 . (3) In addition to meeting requirements specified in RCW 88.46.060 , contingency plans for covered vessels operating in the Strait of Juan de Fuca must provide for the emergency response system required by this section. Documents describing how compliance with this section will be achieved must be submitted to the department by December 1, 2009. An initial contingency plan submitted to the department after December 1, 2009, must be accompanied by documents demonstrating compliance with this section. (4) The requirements of this section are met if: (a) Owners or operators of covered vessels provide an emergency response towing vessel that complies with subsection (2) of this section; or (b) The United States government implements a system of protective measures that the department determines to be substantially equivalent to the requirements of this section as long as the emergency response towing vessel required by this section is stationed at Neah Bay.
RCW 88.46.200 — Washington Code / Title 88 / Chapter 46 / Section 200
RCW 88.46.200: Advisory marine safety committees—Recommendations.
Status: in_force

The director may appoint ad hoc, advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety. The department may implement recommendations made in regional marine safety plans that are approved by the department and over which the department has authority. If federal authority or action is required to implement the recommendations, the department may petition the appropriate agency or the congress.
RCW 88.02.730 — Washington Code / Title 88 / Chapter 02 / Section 730
RCW 88.02.730: Business address—Office—Identification of business.
Status: in_force

(1) A vessel dealer must have and maintain an office in which to conduct business at the business address of the dealer. (2) The vessel dealer's place of business must be identified by an exterior sign with the business name. In the absence of other identifiers that the business conducted is a marine business, the sign must identify the nature of the business, such as marine sales, service, repair, or manufacturing.
RCW 88.32.180 — Washington Code / Title 88 / Chapter 32 / Section 180
RCW 88.32.180: Improvement by counties jointly.
Status: in_force

Two or more adjoining counties, in which are lands to be benefited by any such improvement as is hereinbefore mentioned, and as will be partly or wholly within one or more of them, may jointly take advantage of the provisions of RCW 88.32.010 through 88.32.220 , and the procedure in such cases shall, as nearly as may be, conform to the procedure above prescribed, but with the modifications hereinafter expressed.
RCW 88.32.030 — Washington Code / Title 88 / Chapter 32 / Section 030
RCW 88.32.030: Improvement commission—Notification of appointment—Organization.
Status: in_force

The board of county commissioners of the county, or of the oldest county in case of counties joining, shall cause the persons named for the commission to be notified of their appointment in a notice that shall name all such persons and shall designate the time and place of the first meeting of the commission. The commission, having come together pursuant to such notice, and its members having taken the oath hereinbefore prescribed, shall have full powers to organize and proceed with its business as a deliberative body.
RCW 88.46.210 — Washington Code / Title 88 / Chapter 46 / Section 210
RCW 88.46.210: Volunteer coordination system.
Status: in_force

(1) The department shall establish a volunteer coordination system. The volunteer coordination system may be included as a part of the state's overall oil spill response strategy, and may be implemented by local emergency management organizations, in coordination with any analogous federal efforts, to supplement the state's timely and effective response to spills. (2) The department should consider how the volunteer coordination system will: (a) Coordinate with the incident commander or unified command of an oil spill and any affected local governments to receive, screen, and register volunteers who are not affiliated with the emergency management organization or a local nongovernmental organization; (b) Coordinate the management of volunteers with local nongovernmental organizations and their affiliated volunteers; (c) Coordinate appropriate response operations with different classes of volunteers, including pretrained volunteers and convergent volunteers, to fulfill requests by the department or an oil spill incident commander or unified command; (d) Coordinate public outreach regarding the need for and use of volunteers; (e) Determine minimum participation criteria for volunteers; and (f) Identify volunteer training requirements and, if applicable, provide training opportunities for volunteers prior to an oil spill response incident. (3) An act or omission by any volunteer participating in a spill response or training as part of a volunteer coordination system, while engaged in such activities, does not impose any liability on any state agency, any participating local emergency management organization, or the volunteer for civil damages resulting from the act or omission. However, the immunity provided under this subsection does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct. (4) The decisions to utilize volunteers in an oil spill response, which volunteers to utilize, and to determine which response activities are appropriate for volunteer participation in any given response are the sole responsibilities of the designated incident commander or unified command.
RCW 88.02.420 — Washington Code / Title 88 / Chapter 02 / Section 420
RCW 88.02.420: Moorage providers—Long-term moorage—Required information.
Status: in_force

(1) A moorage provider that provides long-term moorage must obtain the following information and documentation from persons entering into long-term moorage agreements with the moorage provider: (a) The name of the legal owner of the vessel; (b) A local contact person and that person's address and telephone number, if different than the owner; (c) The owner's address and telephone number; (d) The vessel's hull identification number; (e) If applicable, the vessel's coast guard registration; (f) The vessel's home port; (g) The date on which the moorage began; (h) The vessel's country or state of registration and registration number; and (i) Proof of vessel registration, a written statement of the lessee's intent to register a vessel, or an affidavit in a form and manner approved by the department certifying that the vessel is exempt from state vessel registration requirements as provided by RCW 88.02.570 . (2) For moorage agreements entered into effective on or after July 1, 2014, a long-term moorage agreement for vessels not registered in this state must include, in a form and manner approved by the department and the department of revenue, notice of state vessel registration requirements as provided by this chapter and tax requirements as provided by chapters 82.08 , 82.12, and 82.49 RCW and listing requirements as provided by RCW 84.40.065 . (3) A moorage provider must maintain records of the information and documents required under this section for at least two years. Upon request, a moorage provider must: (a) Permit any authorized agent of a requesting agency to: (i) Inspect the moorage facility for vessels that are not registered as required by this chapter or listed as required under RCW 84.40.065 ; and (ii) Inspect and copy records identified in subsection (1) of this section for vessels that the requesting agency determines are not properly registered or listed as required by law; or (b) Provide to the requesting agency: (i) Information as provided in subsection (1)(a), (c), (d), and (e) of this section; and (ii) Information as provided in subsection (1)(b), (f), (g), (h), and (i) of this section for those vessels that the requesting agency subsequently determines are not registered as required by this chapter or listed as required under RCW 84.40.065 . (4) Requesting agencies must coordinate their requests to ensure that a moorage provider does not receive more than two requests per calendar year. For the purpose of enforcing vessel registration and vessel listing requirements, requesting agencies may share the results of information requests with each other. (5) The information required to be collected under this section must be collected at the time the long-term moorage agreement is entered into and at the time of any renewals of the agreement. The moorage provider is not responsible for updating any changes in the information that occurs after the initial agreement is entered into or in the time period between agreement renewals. (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Long-term moorage" means moorage provided for more than thirty consecutive days, unless the moorage is for a vessel that has been taken into custody under RCW 79.100.040 . (b) "Moorage facility" means any properties or facilities located in this state that are used for the moorage of vessels and are owned or operated by a moorage provider. (c) "Moorage facility operator" has the same meaning as defined in RCW 53.08.310 . (d) "Moorage provider" means any public or private entity that owns or operates any moorage facility, including a moorage facility operator, private moorage facility operator, the state of Washington, or any other person. (e) "Private moorage facility operator" has the same meaning as defined in RCW 88.26.010 . (f) "Requesting agency" means the department, the department of revenue, or the department of natural resources.
RCW 88.02.610 — Washington Code / Title 88 / Chapter 02 / Section 610
RCW 88.02.610: Vessel visitor permit.
Status: in_force

(1) A vessel owner shall apply for a vessel visitor permit if the vessel is: (a) Currently registered or numbered under the laws of a country other than the United States or has a valid United States customs service cruising license issued under 19 C.F.R. Sec. 4.94; and (b) Being used on Washington state waters for the personal use of the owner for more than sixty days. (2) A vessel visitor permit: (a) May be obtained from the department, county auditor or other agent, or subagent appointed by the director; (b) Must show the date the vessel first came into Washington state; and (c) Is valid as long as the vessel remains currently registered or numbered under the laws of a country other than the United States or the United States customs service cruising license remains valid. (3) The department, county auditor or other agent, or subagent appointed by the director shall collect the fee required in RCW 88.02.640 (1)(p) when issuing a vessel visitor permit. (4) The department shall adopt rules to implement this section, including rules on issuing and displaying the vessel visitor permit.
RCW 88.32.220 — Washington Code / Title 88 / Chapter 32 / Section 220
RCW 88.32.220: Improvement by counties jointly—Expenses of joint board.
Status: in_force

The joint board shall keep careful account of its necessary expenses and shall apportion and charge the same to the counties joining, and certify to the board of county commissioners of each such county an itemized statement of the entire account and of the proportionate part of such expense charged to such county and the board of county commissioners of such county shall cause the same to be paid out of the general fund of the county.
RCW 88.02.500 — Washington Code / Title 88 / Chapter 02 / Section 500
RCW 88.02.500: Certificate of title system—Intent.
Status: in_force

It is the intention of the legislature: (1) To establish a system of certificates of title for vessels similar to that in existence for motor vehicles under chapter 46.12 RCW; (2) That certificates of title become sufficient evidence of ownership of the vessel it describes so that persons may rely upon that certificate; and (3) That security interest in vessels be perfected solely by notation of a secured party upon the certificate of title.
RCW 88.02.510 — Washington Code / Title 88 / Chapter 02 / Section 510
RCW 88.02.510: Application—When, by whom.
Status: in_force

(1) An application for a certificate of title must be made at the same time when a vessel is registered for the first time as required under this chapter. (2) A person who purchases or otherwise obtains majority ownership of any vessel subject to this chapter shall, within fifteen days of purchase or obtainment, apply for a new certificate of title that shows the vessel's change of ownership. (3) This section does not apply to a vessel that has a valid marine document as a vessel of the United States.
RCW 88.04.065 — Washington Code / Title 88 / Chapter 04 / Section 065
RCW 88.04.065: Reciprocal agreements—Annual operating permits—Education and enforcement programs.
Status: in_force

(1) The department may enter into reciprocal agreements with other states concerning the operation and inspection of charter boats from those states that operate on the waters of the state of Washington. Reciprocity shall be granted only if a state can establish to the satisfaction of the department that their laws and standards concerning charter boats meet or exceed the laws and rules of the state of Washington. A charter boat that operates on state waters under a reciprocal agreement pursuant to this section shall obtain an annual operating permit from the department for a fee for each year the charter boat does business on the waters of the state of Washington. The department shall deposit the fees from annual operating permits issued pursuant to this section in the industrial insurance trust funds. (2) The department shall develop an education and enforcement program designed to eliminate the operation of charter boats that have not been inspected and certified as required by this chapter, and shall provide the public with information regarding the safety features and requirements necessary for the lawful operation of charter boats.
RCW 88.24.010 — Washington Code / Title 88 / Chapter 24 / Section 010
RCW 88.24.010: Right of riparian owner to construct—Rates.
Status: in_force

Any person owning land adjoining any navigable waters or watercourse, within or bordering upon this state, may erect upon his or her own land any wharf or wharves, and may extend them so far into said waters or watercourses as the convenience of shipping may require; and he or she may charge for wharfage such rates as shall be reasonable: PROVIDED, That he or she shall at all times leave sufficient room in the channel for the ordinary purposes of navigation.
RCW 88.02.620 — Washington Code / Title 88 / Chapter 02 / Section 620
RCW 88.02.620: Nonresident vessel permit.
Status: in_force

(1) A vessel owner who is a nonresident person must obtain a nonresident vessel permit on or before the 61st day of use in Washington state if the vessel: (a) Is currently registered or numbered under the laws of the state or country of principal operation, has been issued a valid number under federal law, or has a valid United States customs service cruising license issued under 19 C.F.R. Sec. 4.94; and (b) Has been brought into Washington state for not more than six months in any continuous 12-month period, and is used: (i) For personal use; or (ii) For the purposes of chartering a vessel with a captain or crew, as long as individual charters are for at least three or more consecutive days in duration. The permit also applies for the purposes of necessary transit to or from the start or end point of such a charter, but that transit time is not counted toward the duration of the charter. (2) In addition to the requirements in subsection (1) of this section, a nonresident vessel owner that is not a natural person, or a nonresident vessel owner who is a natural person who intends to charter the vessel with a captain or crew as provided in subsection (1)(b)(ii) of this section, may only obtain a nonresident vessel permit if: (a) The vessel is at least 30 feet in length, but no more than 200 feet in length; (b) No Washington state resident owns the vessel or is a principal, as defined in RCW 82.32.865 , of the nonresident person which owns the vessel; and (c) The department of revenue has provided the nonresident vessel owner written approval authorizing the permit as provided in RCW 82.32.865 . (3) A nonresident vessel permit: (a) May be obtained from the department, county auditor or other agent, or subagent appointed by the director; (b) Must show the date the vessel first came into Washington state; and (c) Is valid for two months. (4) The department, county auditor or other agent, or subagent appointed by the director must collect the fee required in RCW 88.02.640 (1)(i) when issuing nonresident vessel permits. (5) A nonresident vessel permit is not required under this section if the vessel is used in conducting temporary business activity within Washington state. (6) For any permits issued under this section to a nonresident vessel owner that is not a natural person, or for any permits issued to a natural person who intends to charter the vessel with a captain or crew as provided in subsection (1)(b)(ii) of this section, the department must maintain a record of the following information and provide it to the department of revenue quarterly or as otherwise mutually agreed to by the department and department of revenue: (a) The name of the record owner of the vessel; (b) The vessel's hull identification number; (c) The amount of the fee paid under RCW 88.02.640 (5); (d) The date the vessel first entered the waters of this state; (e) The expiration date for the permit; and (f) Any other information mutually agreed to by the department and department of revenue. (7) The department must adopt rules to implement this section, including rules on issuing and displaying the nonresident vessel permit.
RCW 88.16.105 — Washington Code / Title 88 / Chapter 16 / Section 105
RCW 88.16.105: Size and type of vessels prescribed for newly licensed pilot—Rules.
Status: in_force

The board shall prescribe, pursuant to chapter 34.05 RCW, rules governing the size and type of vessels which a newly licensed pilot may be assigned to pilot on the waters of this state and whether the assignment involves docking or undocking a vessel. The rules shall also prescribe required familiarization trips before a newly licensed pilot may pilot a larger or different type of vessel.
RCW 88.46.040 — Washington Code / Title 88 / Chapter 46 / Section 040
RCW 88.46.040: Prevention plans.
Status: in_force

(1) The owner or operator for each tank vessel shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated with a spill contingency plan submitted pursuant to RCW 88.46.060 . The department may accept plans prepared to comply with other state or federal law as spill prevention plans to the extent those plans comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention plans. (2) The spill prevention plan for a tank vessel or a fleet of tank vessels operated by the same operator shall: (a) Establish compliance with the federal oil pollution act of 1990 and state and federal financial responsibility requirements, if applicable; (b) State all discharges of oil of more than twenty-five barrels from the vessel within the prior five years and what measures have been taken to prevent a reoccurrence; (c) Describe all accidents, collisions, groundings, and near miss incidents in which the vessel has been involved in the prior five years, analyze the causes, and state the measures that have been taken to prevent a reoccurrence; (d) Describe the vessel operations with respect to staffing standards; (e) Describe the vessel inspection program carried out by the owner or operator of the vessel; (f) Describe the training given to vessel crews with respect to spill prevention; (g) Establish compliance with federal drug and alcohol programs; (h) Describe all spill prevention technology that has been incorporated into the vessel; (i) Describe the procedures used by the vessel owner or operator to ensure English language proficiency of at least one bridge officer while on duty in waters of the state; (j) Describe relevant prevention measures incorporated in any applicable regional marine spill safety plan that have not been adopted and the reasons for that decision; and (k) Include any other information reasonably necessary to carry out the purposes of this chapter required by rules adopted by the department. (3) The department shall only approve a prevention plan if it provides the best achievable protection from damages caused by the discharge of oil into the waters of the state and if it determines that the plan meets the requirements of this section and rules adopted by the department. (4) Upon approval of a prevention plan, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the vessels covered by the plan, and other information the department determines should be included. (5) The approval of a prevention plan shall be valid for five years. An owner or operator of a tank vessel shall notify the department in writing immediately of any significant change of which it is aware affecting its prevention plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a prevention plan as a result of these changes. (6) The department by rule shall require prevention plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every five years. (7) Approval of a prevention plan by the department does not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or other state law. (8) This section does not authorize the department to modify the terms of a collective bargaining agreement.
RCW 88.46.073 — Washington Code / Title 88 / Chapter 46 / Section 073
RCW 88.46.073: Violations of rules—Enforcement.
Status: in_force

If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).
RCW 88.16.050 — Washington Code / Title 88 / Chapter 16 / Section 050
RCW 88.16.050: Pilotage districts and waters affected.
Status: in_force

This chapter shall apply to the pilotage districts of this state as defined in this section. (1) "Puget Sound pilotage district", whenever used in this chapter, shall be construed to mean and include all the waters of the state of Washington inside the international boundary line between the state of Washington, the United States and the province of British Columbia, Canada and east of one hundred twenty-three degrees twenty-four minutes west longitude. (2) "Grays Harbor pilotage district" shall include all inland waters, channels, waterways, and navigable tributaries within Grays Harbor and Willapa Harbor. The boundary line between Grays Harbor and Willapa Harbor and the high seas shall be defined by the board.
RCW 88.32.160 — Washington Code / Title 88 / Chapter 32 / Section 160
RCW 88.32.160: Bonds—Execution.
Status: in_force

Each and every bond issued for any such improvement shall be signed by the chair of the county legislative authority and the county auditor, sealed with the corporate seal of the county, and attested by the county clerk. The bonds issued for each local improvement district shall be in the aggregate for such an amount as authorized by the resolution of the county legislative authority with reference to such river, lake, canal or harbor improvement, and each issue of such bonds shall be numbered consecutively, beginning with number 1.
RCW 88.02.410 — Washington Code / Title 88 / Chapter 02 / Section 410
RCW 88.02.410: Department and state immune from suit for administration of chapter.
Status: in_force

A suit or action may not be commenced or prosecuted against the department or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the department under this chapter.
RCW 88.32.040 — Washington Code / Title 88 / Chapter 32 / Section 040
RCW 88.32.040: Establishment of assessment district—Assessments—State lands.
Status: in_force

It shall be the duty of such commission to define and establish an assessment district, within such county, comprising all the taxable real property, and also (with the limitations hereinafter expressed) the state shorelands, which shall be specially benefited by said river, lake, canal, or harbor improvement, and to apportion and assess the amount of separate, special, and particular benefits against each lot, block, parcel, or tract of land or shoreland within such district, by reason of such improvement. The commission in making the assessment shall include in the properties upon which the assessment is laid, all shorelands of the state, whether unsold or under contract of sale and subject to sale by it and as against all purchasers from the state or under contract to purchase such lands, the assessment shall be a charge upon such land and the purchaser's interest therein. The county auditor shall certify to the state commissioner of public lands a schedule of the state shorelands so assessed and of the assessment thereon, and the purchaser shall from time to time pay to the proper county treasurer the sums due and unpaid under such assessment, and at the time of such payment the county treasurer shall give him or her, in addition to a regular receipt for such payment, a certificate that such payment has been made, which certificate the purchaser shall immediately file with the commissioner of public lands, and no patent from the state nor deed shall issue to such purchaser, nor shall any assignment of his or her contract to purchase be approved by the commissioner of public lands until every matured installment of such assessment shall have first been fully paid and satisfied: PROVIDED, HOWEVER, That no such assessment shall create any charge against such shoreland or affect the title thereof as against the state, and the state shall be as free to forfeit or annul such contract and again sell such land as if the assessment had never been made, and in case of such forfeiture or annulment the state shall be free to sell again such land entirely disembarrassed and unencumbered of all right and claim of such former purchaser, and such purchaser shall have no right, interest, or claim upon or against such land or the state or such new purchaser or at all, but every such sum paid by such former purchaser upon such assessment shall be utterly forfeited as against him or her, his or her personal representatives and assigns, and shall inure to the benefit of such new purchaser.
RCW 88.46.030 — Washington Code / Title 88 / Chapter 46 / Section 030
RCW 88.46.030: Tank vessel inspection programs.
Status: in_force

(1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards. (2) The department shall review the tank vessel inspection programs conducted by the United States coast guard and other federal agencies to determine if the programs as actually operated by those agencies provide the best achievable protection to the waters of the state. If the department determines that the tank vessel inspection programs conducted by these agencies are not adequate to protect the state's waters, it shall adopt rules for a state tank vessel inspection program. The department shall adopt rules providing for a random review of individual tank vessel inspections conducted by federal agencies. The department may accept a tank vessel inspection report issued by another state if that state's tank vessel inspection program is determined by the department to be at least as protective of the public health and the environment as the program adopted by the department. (3) The state tank vessel inspection program shall ensure that all tank vessels entering state waters are inspected at least annually. To the maximum extent feasible, the state program shall consist of the monitoring of existing tank vessel inspection programs conducted by the federal government. The department shall consult with the coast guard regarding the tank vessel inspection program. Any tank vessel inspection conducted pursuant to this section shall be performed during the vessel's scheduled stay in port. (4) Any violation of coast guard or other federal regulations uncovered during a state tank vessel inspection shall be immediately reported to the appropriate agency.
RCW 88.02.710 — Washington Code / Title 88 / Chapter 02 / Section 710
RCW 88.02.710: Requirements—Surety bond—Fees.
Status: in_force

(1) Each vessel dealer in this state shall: (a) Obtain a vessel dealer license from the department in a manner prescribed by the department in accordance with rules adopted under chapter 34.05 RCW; (b) File a surety bond in the amount of five thousand dollars, running to the state of Washington. The surety bond must be: (i) Issued by a surety company authorized to do business in the state of Washington; (ii) Approved by the attorney general as to form; and (iii) Conditioned that the vessel dealer shall conduct business as required under this chapter; and (c) Pay the vessel dealer license and vessel dealer display decal fees as provided by rules adopted by the department. All vessel dealer license and vessel dealer display decal fees collected under this section must be deposited with the state treasurer and credited to the general fund. (2) A vessel dealer selling fewer than sixteen vessels per year having a retail value of no more than two thousand dollars each is not required to file a bond as provided in subsection (1)(b) of this section. (3) The director shall establish by rule vessel dealer license and vessel dealer display decal fees at a sufficient level to defray the costs of administering the vessel dealer license program. (4) The department shall issue vessel dealer licenses with staggered annual expiration dates when: (a) The completed vessel dealer application has been satisfactorily filed; (b) The department determines that the applicant is eligible as determined by department rules; and (c) No denial proceeding is in effect. (5) A vessel consignor or purchaser who has suffered any loss or damage by reason of an act or omission by a vessel dealer that constitutes a violation of this chapter may institute an action for recovery against the vessel dealer and the surety upon the bond. Successive recoveries against the bond are permitted, but the aggregate liability of the surety to all persons may not exceed the amount of the bond. Upon exhaustion of the penalty of the bond or cancellation of the bond by the surety, the vessel dealer license must automatically be deemed canceled. (6) Vessel dealer license numbers are not transferable.
RCW 88.02.770 — Washington Code / Title 88 / Chapter 02 / Section 770
RCW 88.02.770: Receipt of cash or negotiable instrument before delivery of vessel—Trust account.
Status: in_force

(1) A vessel dealer who receives cash or a negotiable instrument of deposit in excess of one thousand dollars, or a deposit of any amount that will be held for more than fourteen calendar days, shall place the funds in a separate trust account. The cash or negotiable instrument must be: (a) Set aside immediately upon receipt for the trust account, or endorsed to the trust account immediately upon receipt; and (b) Deposited in the trust account by the close of banking hours on the day following the receipt. (2) After delivery of the purchaser's vessel, the vessel dealer shall remove the deposited funds from the trust account. (3) The dealer shall not commingle the purchaser's funds with any other funds at any time. (4) The funds must remain in the trust account until the delivery of the purchased vessel. However, upon written agreement from the purchaser, the vessel dealer may remove and release trust funds before delivery.
RCW 88.04.330 — Washington Code / Title 88 / Chapter 04 / Section 330
RCW 88.04.330: Rule-making authority.
Status: in_force

The department shall adopt by rule, under chapter 34.05 RCW: (1) Procedures, standards, and fees for the licensing of operators of any vessel used as a charter boat, as defined under RCW 88.04.015 , operating on state waters for rent, lease, or hire; (2) Standards and fees for the inspection of vessels; (3) Minimum safety and health standards for passengers and crew on board charter boats consistent with the rules adopted by the United States coast guard in 46 C.F.R., subchapter T, small passenger vessels under one hundred gross tons; and (4) Any other rules needed for the efficient administration of the purposes of this chapter.
RCW 88.24.030 — Washington Code / Title 88 / Chapter 24 / Section 030
RCW 88.24.030: City or town may authorize wharves—Rates—Liability.
Status: in_force

Whenever any person or persons shall be desirous of erecting a wharf at the terminus of any street of any incorporated town or city in the state, he or she or they may apply to the municipal authorities of such town or city who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept in repair for any length of time not exceeding ten years; and every person building, owning or occupying a wharf in this state, upon which wharfage is charged and received, shall be held accountable to the owner or owners, consignees or agents, for any and all damage done to property stored upon, or passing over said wharf, in consequence of the unfinished, incomplete, or insufficient condition of said wharf; and every such person shall post or cause to be posted in a conspicuous place on said wharf the established rates of wharfage, noting passengers and their baggage free.
RCW 88.32.230 — Washington Code / Title 88 / Chapter 32 / Section 230
RCW 88.32.230: Joint aid river and harbor improvements—Bonds—Election.
Status: in_force

Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this state, or any of them, in construction, enlargement, improvement, modification, repair or operation of any harbor, canal, waterway, river channel, slip, dock, wharf, or other public improvement, or any of the same, for the purposes of commerce, navigation, sanitation and drainage, or any thereof, or to acquire or operate wharf sites, dock sites, or other properties, rights or interests, or any thereof, necessary or proper to be acquired or operated for public enjoyment of any such public improvement, and to incur indebtedness to meet the cost thereof and expenses connected therewith, and issue bonds of the county for the payment of such indebtedness, or any thereof, such county is hereby authorized and empowered, by and through its county legislative authority, to engage in or aid in any such public work or works, operation or acquisition, as aforesaid, and to incur indebtedness for such purpose or purposes to an amount, which, together with the then existing indebtedness of such county, shall not exceed two and one-half percent of the value of the taxable property in said county, as the term "value of the taxable property" is defined in RCW 39.36.015 , and to issue the negotiable bonds of the county for all or any of such indebtedness and for the payment thereof, in the manner and form and as provided in chapter 39.46 RCW, and other laws of this state which shall then be in force, and to make part or all of such payment in bonds or in moneys derived from sale or sales thereof, or partly in such bonds and partly in such money: PROVIDED, That the county legislative authority shall have first submitted the question of incurring such indebtedness to the voters of the county at a general or special election, and three-fifths of the voters voting upon the question shall have voted in favor of incurring the same.
RCW 88.16.160 — Washington Code / Title 88 / Chapter 16 / Section 160
RCW 88.16.160: Severability and short title.
Status: in_force

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. This chapter may be cited as the "Pilotage Act."
RCW 88.28.055 — Washington Code / Title 88 / Chapter 28 / Section 055
RCW 88.28.055: Closure of Camas Slough.
Status: in_force

The department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and the right bank of the Columbia River to the land on Lady Island with the axis or center line of the embankment being more particularly described as a line bearing south seventy-six degrees (76°), fifty-one a one-half minutes (51 1/2') west from a point; said point being located on the line between section 11 and section 14 and distant approximately 520 feet westerly from the corner common to sections 11, 12, 13 and 14, all situate in township 1 north, range 3 east, W.M. The department shall construct in the fill, at or near the channel of the slough, an opening of sufficient dimensions to allow normal flow of water during the low water period or such opening as may be required or approved by the Corps of Engineers, United States Army.
RCW 88.16.155 — Washington Code / Title 88 / Chapter 16 / Section 155
RCW 88.16.155: Vessel master to make certification before pilotage service offered—Procedure upon refusal—Rules—Penalties—Exception.
Status: in_force

(1) The master of any vessel which employs a Washington licensed pilot shall certify on a form prescribed by the board of pilotage commissioners that the vessel complies with: (a) Such provisions of the United States coast guard regulations governing the safety and navigation of vessels in United States waters, as codified in Title 33 of the Code of Federal Regulations, as the board may prescribe; and (b) The provisions of current international agreements governing the safety, radio equipment, and pollution of vessels and other matters as ratified by the United States Senate and prescribed by the board. (2) The master of any vessel which employs a Washington licensed pilot shall be prepared to produce, and any Washington licensed pilot employed by a vessel shall request to see, certificates of the vessel which certify and indicate that the vessel complies with subsection (1) of this section and the rules of the board promulgated pursuant to subsection (1) of this section. (3) If the master of a vessel which employs a Washington licensed pilot cannot certify that the vessel complies with subsection (1) of this section and the rules of the board adopted pursuant to subsection (1) of this section, the master shall certify that: (a) The vessel will comply with subsection (1) of this section before the time the vessel is scheduled to leave the waters of Washington state; and (b) The coast guard captain of the port was notified of the noncomplying items when they were determined; and (c) The coast guard captain of the port has authorized the vessel to proceed under such conditions as prescribed by the coast guard pursuant to its authority under federal statutes and regulations. (4) After the board has prescribed the form required under subsection (1) of this section, no Washington licensed pilot shall offer pilotage services to any vessel on which the master has failed to make a certification required by this section. If the master fails to make a certification the pilot shall: (a) Disembark from the vessel as soon as safely practicable; and (b) Immediately inform the coast guard captain of the port of the conditions and circumstances by the best possible means; and (c) Forward a written report to the board no later than twenty-four hours after disembarking from the vessel. (5) Any Washington licensed pilot who offers pilotage services to a vessel on which the master has failed to make a certification required by this section or the rules of the board adopted under this section shall be subject to RCW 88.16.150 , as now or hereafter amended, and RCW 88.16.100 , as now or hereafter amended. (6) The board shall revise the requirements enumerated in this section as necessary to reflect changes in coast guard regulations, federal statutes, and international agreements. All actions of the board under this section shall comply with chapters 34.05 and 42.30 RCW. The board shall prescribe the time of and method for retention of forms which have been signed by the master of a vessel in accordance with the provisions of this section. (7) This section shall not apply to the movement of dead ships. The board shall prescribe pursuant to chapter 34.05 RCW, after consultation with the coast guard and interested persons, for the movement of dead ships and the certification process thereon.
RCW 88.04.055 — Washington Code / Title 88 / Chapter 04 / Section 055
RCW 88.04.055: Evidentiary hearings.
Status: in_force

(1) A person who has been denied a certificate of inspection or a license may petition the department for an evidentiary hearing. (2) A person who owns a charter boat may petition the department for an evidentiary hearing regarding the determination of the maximum passengers, crew, or total capacity of the charter boat.
RCW 88.16.195 — Washington Code / Title 88 / Chapter 16 / Section 195
RCW 88.16.195: Oil tankers—Not to exceed speed of escorting tug.
Status: in_force

An oil tanker under escort of a tug or tugs pursuant to the provisions of RCW 88.16.190 shall not exceed the service speed of the tug or tugs that are escorting the oil tanker.
RCW 88.02.592 — Washington Code / Title 88 / Chapter 02 / Section 592
RCW 88.02.592: Registration certificates—Manual removal of registrant's address.
Status: in_force

Beginning January 1, 2023, paper issued registration certificates for vessels must be printed to allow for the manual removal of a registrant's address, by the named registered owner, without compromising any required information on the certificate.