reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.610 - Vessel visitor permit.

RCW 88.02.610
Vessel visitor permit.
(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)(m) 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.
[ 2011 c 171 § 132; 2010 c 161 § 1026.]
NOTES:
*Reviser's note: The reference to RCW 88.02.640(1)(m) appears to be erroneous. RCW 88.02.640(1)(n) was apparently intended. RCW 88.02.640 was amended by 2012 c 74 § 16, changing subsection (1)(n) to subsection (1)(o). RCW 88.02.640 was subsequently amended by 2015 3rd sp.s. c 44 § 216, changing subsection (1)(o) to subsection (1)(p).
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.650 - Deposit of fees in general fund—Allocation for boating safety and education and law enforcement purposes.

RCW 88.02.650
Deposit of fees in general fund—Allocation for boating safety and education and law enforcement purposes.
(1) General fees for vessel registrations collected by the director must be deposited in the general fund. Except as provided in subsection (2) of this section, any amount above one million one hundred thousand dollars per fiscal year must be allocated to counties by the state treasurer for boating safety/education and law enforcement programs. Eligibility for boating safety/education and law enforcement program allocations is contingent upon approval of the local boating safety program by the state parks and recreation commission. Fund allocation must be based on the numbers of registered vessels by county of moorage. Each benefiting county is responsible for equitable distribution of such allocation to other jurisdictions with approved boating safety programs within the county. Any fees not allocated to counties due to the absence of an approved boating safety program must be allocated to the state parks and recreation commission for awards to local governments to offset law enforcement and boating safety impacts of boaters recreating in jurisdictions other than where registered. Jurisdictions receiving funds under this section shall deposit the funds into an account dedicated solely for supporting the jurisdiction's boating safety programs. These funds may not replace existing local funds used for boating safety programs.
(2) During the 2015-2017 fiscal biennium, if 2015 *Engrossed Senate Bill No. 5416 is enacted before August 1, 2015, any amount above one million three hundred fifty thousand dollars per fiscal year must be allocated to counties by the state treasurer for boating safety, education, and law enforcement programs.
[ 2015 3rd sp.s. c 4 § 979; 2011 c 171 § 135; 2010 c 161 § 1029; 2002 c 286 § 14; 1989 c 393 § 12; 1983 c 7 § 17. Formerly RCW 88.02.040.]
NOTES:
*Reviser's note: Engrossed Senate Bill No. 5416 was not enacted by August 1, 2015.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2002 c 286: See RCW 79.100.901.
Commission to adopt rules: RCW 79A.60.595.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.660 - Maritime historic restoration and preservation account.

RCW 88.02.660
Maritime historic restoration and preservation account.
(1) The maritime historic restoration and preservation account is created in the custody of the state treasurer. All receipts from the voluntary donations made simultaneously with the registration of vessels under this chapter must be deposited into this account. These deposits are not public funds and are not subject to allotment procedures under chapter 43.88 RCW.
(2) At the end of each fiscal year, the state treasurer shall pay from this account to the department an amount equal to the reasonable administrative expenses of that agency for that fiscal year for collecting the voluntary donations and transmitting them to the state treasurer and shall pay to the state treasurer an amount equal to the reasonable administrative expenses of that agency for that fiscal year for maintaining the account and disbursing funds from the account.
(3) At the end of each fiscal year, the state treasurer shall pay one-half of the balance of the funds in the account after payment of the administrative costs provided in subsection (2) of this section, to the Grays Harbor historical seaport or its corporate successor and the remainder to the Steamer Virginia V foundation or its corporate successor.
(4) If either the Grays Harbor historical seaport and its corporate successors or the Steamer Virginia V foundation and its corporate successors legally ceases to exist, the state treasurer shall, at the end of each fiscal year, pay the balance of the funds in the account to the remaining organization.
(5) If both the Grays Harbor historical seaport and its corporate successors and the Steamer Virginia V foundation and its corporate successors legally cease to exist, the department shall discontinue the collection of the voluntary donations in conjunction with the registration of vessels under RCW 88.02.580, and the balance of the funds in the account escheat to the state. If funds in the account escheat to the state, one-half of the fund balance must be provided to the department of archaeology and historic preservation, and the remainder must be deposited into the parks renewal and stewardship account.
(6) The secretary of state, the directors of the state historical societies, the director of the department of archaeology and historic preservation within the department of commerce, and two members representing the recreational boating community appointed by the secretary of state, shall review the success of the voluntary donation program for maritime historic restoration and preservation established under RCW 88.02.580.
[ 2010 c 161 § 1031; 1996 c 3 § 2. Formerly RCW 88.02.053.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.710 - Requirements—Surety bond—Fees.

RCW 88.02.710
Requirements—Surety bond—Fees.
(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.
[ 2010 c 161 § 1032; 1987 c 149 § 1; 1983 c 7 § 19. Formerly RCW 88.02.060.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 149 § 15.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.720 - Exemptions.

RCW 88.02.720
Exemptions.
(1) The department may exempt from compliance with the vessel dealer requirements of this chapter, any person who is engaged in the business of selling in this state at wholesale or retail, human-powered watercraft that is: (a) Under sixteen feet in length; (b) unable to be powered by propulsion machinery or wind propulsion as designed by the manufacturer; and (c) not designed for use on commonly-used navigable waters.
(2) Any person engaged in the business of selling at wholesale or retail, exempt and nonexempt watercraft under this section is only required to comply with this chapter in regard to the sale of nonexempt watercraft.
(3) An auction company licensed under chapter 18.11 RCW and licensed as a motor vehicle dealer under chapter 46.70 RCW may sell at auction, without being licensed as a vessel dealer, all vessels that a vessel dealer is authorized to sell, so long as the sale of vessels is incidental to the auction company's primary source of business and the length of any vessel being sold is no greater than twenty-five feet. The auction company shall comply with all other vessel dealer requirements of this chapter and rules adopted by the department if the vessel dealer license fees and surety bond requirements in RCW 88.02.710 are determined to not be due.
(4) A broker licensed under chapter 18.85 RCW may sell, without being licensed as a vessel dealer, floating on-water residences, as defined in RCW 90.58.270.
[ 2015 c 133 § 2; 2010 c 161 § 1033; 2007 c 378 § 1; 1990 c 250 § 90. Formerly RCW 88.02.230.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.730 - Business address—Office—Identification of business.

RCW 88.02.730
Business address—Office—Identification of business.
(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.
[ 2010 c 161 § 1034; 1987 c 149 § 2. Formerly RCW 88.02.078.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.740 - Vessel dealer license required—Penalty.

RCW 88.02.740
Vessel dealer license required—Penalty.
Any person engaging in vessel dealer activities without first obtaining a vessel dealer license is guilty of a gross misdemeanor.
[ 2010 c 161 § 1036; 1987 c 149 § 3. Formerly RCW 88.02.112.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.750 - Denial, suspension, or revocation of vessel dealer license—Penalties—Subterfuge.

RCW 88.02.750
Denial, suspension, or revocation of vessel dealer license—Penalties—Subterfuge.
(1) Except as otherwise provided in this chapter, the director may by order deny, suspend, or revoke a vessel dealer license, or in lieu of or in addition to, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the applicant or licensee:
(a) Is applying for a dealer's license or has obtained a dealer's license for the purpose of evading excise taxes on vessels;
(b) Has been adjudged guilty of a felony that directly relates to marine trade and the time elapsed since the adjudication is less than ten years. For purposes of this section, "adjudged guilty" means, in addition to a final conviction in court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended;
(c) Has failed to comply with the trust account requirements of this chapter;
(d) Has failed to transfer a certificate of title to a purchaser as required in this chapter;
(e) Has misrepresented the facts at the time of application for registration or renewal; or
(f) Has failed to comply with applicable provisions of this chapter or any rules adopted under it.
(2) The director may deny a vessel dealer license under this chapter if the application is a subterfuge that conceals the real person in interest whose vessel dealer license has been denied, suspended, or revoked for cause under this chapter and (a) the terms have not been fulfilled or a civil penalty has not been paid or (b) the director finds that the application was not filed in good faith. This subsection does not prevent the department from taking an action against a current vessel dealer licensee.
[ 2010 c 161 § 1035; 1987 c 149 § 12. Formerly RCW 88.02.188.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.755 - Vessel registration or vessel dealer license suspension—Noncompliance with support order—Reissuance.

RCW 88.02.755
Vessel registration or vessel dealer license suspension—Noncompliance with support order—Reissuance.
The department shall immediately suspend the vessel registration or vessel dealer's license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration must be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2010 c 161 § 1038; 1997 c 58 § 863. Formerly RCW 88.02.189.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.760 - Evidence of ownership by vessel dealers—Sales of consigned vessels—Assignment and warranty of certificates of title.

RCW 88.02.760
Evidence of ownership by vessel dealers—Sales of consigned vessels—Assignment and warranty of certificates of title.
(1) A vessel dealer shall possess a certificate of title, a manufacturer's statement of origin, a carpenter's certificate, or a factory invoice or other evidence of ownership approved by the department for each vessel in the vessel dealer's inventory unless the vessel for sale is consigned or subject to an inventory security agreement. Evidence of ownership must be either in the name of the dealer or in the name of the dealer's immediate vendor properly assigned.
(2) A vessel dealer may display and sell consigned vessels or vessels subject to an inventory security agreement if there is a written and signed consignment agreement for each vessel or an inventory security agreement covering all inventory vessels. The consignment agreement must include verification by the vessel dealer that evidence of ownership by the consignor exists and its location, the name and address of the registered owner, and the legal owner, if any. Vessels that are subject to an inventory security interest must be supported with evidence of ownership that is in the dealer's possession or the possession of the inventory security party. Upon payment of the debt secured for that vessel, the secured party shall deliver the ownership document, appropriately released, to the dealer. It is the vessel dealer's responsibility to ensure that ownership documents are available for ownership transfer upon the sale of the vessel.
(3) Following the retail sale of any vessel, the dealer shall promptly make application and execute the assignment and warranty of the certificate of title. The assignment must show any secured party holding a security interest created at the time of sale. The dealer shall deliver the certificate of title and application for registration to the department, county auditor or other agent, or subagent appointed by the director.
[ 2010 c 161 § 1043; 1994 c 262 § 27; 1987 c 149 § 8. Formerly RCW 88.02.125.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.770 - Receipt of cash or negotiable instrument before delivery of vessel—Trust account.

RCW 88.02.770
Receipt of cash or negotiable instrument before delivery of vessel—Trust account.
(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.
[ 2010 c 161 § 1039; 1991 c 339 § 33; 1987 c 149 § 11. Formerly RCW 88.02.220.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.780 - Records of the purchase and sale of vessels.

RCW 88.02.780
Records of the purchase and sale of vessels.
(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.
[ 2010 c 161 § 1040; 1987 c 149 § 10. Formerly RCW 88.02.210.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.790 - Vessel dealer display decals—Use.

RCW 88.02.790
Vessel dealer display decals—Use.
(1) Vessel dealer display decals must only be used:
(a) To demonstrate vessels held for sale when operated by a prospective customer holding a dated demonstration permit. The demonstration permit must be carried in the vessel at all times when it is being operated by a prospective customer;
(b) On vessels owned or consigned for sale that are available for sale and being used only for vessel dealer business purposes by an officer of the corporation, a partner, a proprietor, or by a bona fide employee of the firm. A card identifying the individual as described in this section must be carried in the vessel at all times it is being operated.
(2) A vessel held for sale by a licensed vessel dealer is not required to be registered and display a registration number and a valid vessel decal.
[ 2010 c 161 § 1041; 1987 c 149 § 4. Formerly RCW 88.02.023.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.795 - Additional penalties for unauthorized or personal use of dealer display decals.

RCW 88.02.795
Additional penalties for unauthorized or personal use of dealer display decals.
(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.
[ 2010 c 161 § 1037; 1987 c 149 § 6. Formerly RCW 88.02.115.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.02 - Vessel Registration. › 88.02.800 - Issuance of temporary permits—Fee.

RCW 88.02.800
Issuance of temporary permits—Fee.
(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.
[ 2010 c 161 § 1042; 1987 c 149 § 9. Formerly RCW 88.02.184.]
NOTES:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1987 c 149: See note following RCW 88.02.710.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.005 - Purposes.

RCW 88.04.005
Purposes.
The purposes of this chapter are as follows:
(1) Regulate charter boats for the carrying of more than six passengers, which are operated on state waters and which are not regulated by the United States coast guard;
(2) Protect the safety and health of employees, passengers, and persons utilizing charter boats;
(3) Authorize the department of labor and industries to adopt rules regulating the use of charter boats operating on state waters and to issue licenses; and
(4) Provide penalties for violations of this chapter.
[ 1999 c 111 § 1; 1989 c 295 § 1.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.015 - Definitions.

RCW 88.04.015
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of labor and industries.
(2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.
(3) "Charter boat" means a vessel or barge operating on state waters that is not inspected or licensed by the United States coast guard and over which the United States coast guard does not exercise jurisdiction and which is rented, leased, or chartered to carry more than six persons or cargo.
(4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment, including radio equipment, intended for use by a person on board a vessel.
(5) "State waters" means all waters within the territorial limits of the state of Washington, and not subject to the jurisdiction of the United States coast guard.
(6) "Operate" means to start or operate any engine which propels a vessel, or to physically control the motion, direction, or speed of a vessel.
(7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel; but does not include charterers and lessees.
(8) "Passenger" means a person carried on board a charter boat except:
(a) The owner of the vessel or the owner's agent; or
(b) The captain and members of the vessel's crew.
(9) "Operator's license" means a vessel operator's license issued by the United States coast guard or department for the specified tonnage and operational waters of the vessel.
(10) "Vessel" means every description of motorized watercraft, other than a bare-boat charter boat, seaplane, or sailboat, used or capable of being used to transport more than six passengers or cargo on water for rent, lease, or hire.
(11) "Bare-boat charter" means the unconditional lease, rental, or charter of a boat by the owner, or his or her agent, to a person who by written agreement, or contract, assumes all responsibility and liability for the operation, navigation, and provisioning of the boat during the term of the agreement or contract, except when a captain or crew is required or provided by the owner or owner's agents to be hired by the charterer to operate the vessel.
[ 1999 c 111 § 2; 1991 c 45 § 1; 1989 c 295 § 2.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.025 - Operating on state waters—Conditions.

RCW 88.04.025
Operating on state waters—Conditions.
A person shall not rent, lease, or hire out a charter boat, nor carry, advertise for the carrying of, nor arrange for the carrying of, more than six passengers on a vessel for a fee or other consideration on state waters unless each of the following conditions is satisfied:
(1)(a) The department has inspected the vessel within the previous twelve months and has issued for the vessel a certificate of inspection that is still valid and current and which allows the carrying of more than six passengers; or
(b) The United States coast guard has inspected the vessel and has issued a certificate of inspection that is still valid and current and which allows the carrying of more than six passengers.
(2) The operator of the vessel is licensed as an operator by either the United States coast guard or the department. The operator must carry such license at all times while operating the vessel and must display such license upon demand by the department.
(3) The vessel has a valid and current registration certificate which is available for inspection by the department.
(4) The vessel is covered by current and valid liability insurance. Proof of such coverage must be provided to the department upon demand.
[ 1999 c 111 § 3; 1989 c 295 § 3.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.035 - Inspection of charter boats—Certificate of inspection.

RCW 88.04.035
Inspection of charter boats—Certificate of inspection.
The department shall inspect or provide for the inspection of every charter boat once every twelve months with the vessel in the water to determine if the vessel and its equipment comply with the rules promulgated by the department and with the applicable state and federal laws and regulations. Beginning no later than January 1, 2002, the department shall also inspect or provide for the inspection of every charter boat that carries more than six passengers once every sixty months with the vessel in drydock. In addition, the department may at any time inspect or provide for the inspection of any charter boat if the department has reasonable cause to believe either that a provision of this chapter has been violated or that an inspection is necessary to ensure the safety of persons or property on the vessel.
(1) Ninety days before any certificate of inspection expires, the department shall mail written notification to the owner of the vessel that a twelve-month or sixty-month inspection must be completed before the expiration date. The department shall include with the notification an application for inspection, which must be completed and returned by the owner no later than sixty days before the expiration date of the current certificate of inspection. The owner shall include the registration fee with the completed application form. A person filing an application shall certify by the person's signature that the information furnished on the application is true and correct.
(2) If, after the inspection, the department determines that the charter boat and its equipment comply with the rules promulgated by the department and with the applicable state and federal laws and regulations, the department shall issue to the owner of the charter boat a certificate of inspection. Such certificate shall specify the maximum passenger, crew, and total person capacity of the charter boat. The certificate shall be valid for one year from the date of issuance. The certificate shall be prominently displayed on the charter boat while the charter boat is operating upon state waters.
(3) The department shall determine the minimum number of crew necessary for the safe operation of the charter boat.
(4) If the department determines that the charter boat or its equipment does not comply with the rules promulgated by the department and with the applicable state and federal laws and regulations, the department shall not issue a certificate of inspection and any current certificate of inspection shall be revoked by the department.
[ 1999 c 111 § 4; 1989 c 295 § 4.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.045 - Application for inspection—Inspection fee—Deposit of fees.

RCW 88.04.045
Application for inspection—Inspection fee—Deposit of fees.
(1) The owner of a vessel which does not have a current certificate of inspection or which has not previously been inspected by the department and which must be inspected by the department shall file an application for inspection, accompanied by the required fee, no later than sixty days before the scheduled or requested inspection date. A person filing an application shall certify by the person's signature that the information furnished on the application is true and correct.
(2) When the department inspects or provides for the inspection of any charter boat because the department has reasonable cause to believe either that a provision of this chapter has been violated or that an inspection is necessary to ensure the safety of persons or property, the owner shall not be required to pay an inspection fee for that inspection.
(3) When a twelve-month in-water inspection and a sixty-month drydock inspection are required in the same year, the owner shall only be required to pay the fee for the drydock inspection.
(4) All sums received from licenses, inspection fees, or other sources described in this chapter shall be deposited in the industrial insurance trust funds and shall be used for administrative, education, and enforcement costs associated with this chapter.
[ 1999 c 111 § 5; 1989 c 295 § 5.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.055 - Evidentiary hearings.

RCW 88.04.055
Evidentiary hearings.
(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.
[ 1989 c 295 § 9.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.065 - Reciprocal agreements—Annual operating permits—Education and enforcement programs.

RCW 88.04.065
Reciprocal agreements—Annual operating permits—Education and enforcement programs.
(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.
[ 1999 c 111 § 6; 1989 c 295 § 10.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.075 - Exemptions from chapter.

RCW 88.04.075
Exemptions from chapter.
The provisions of this chapter shall not apply to:
(1) A vessel that is a charter boat but is being used by the documented or registered owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes;
(2) A vessel owned by a person or corporate entity which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is directly or indirectly paid to the owner;
(3) A vessel that is rented, leased, or hired by an operator to transport passengers for noncommercial or personal pleasure purposes;
(4) A vessel used exclusively for, or incidental to, an educational purpose; or
(5) A bare-boat charter boat.
[ 1991 c 45 § 2; 1989 c 295 § 11.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.085 - Application of Washington industrial safety and health act.

RCW 88.04.085
Application of Washington industrial safety and health act.
Unless specifically provided by statute this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.
[ 1989 c 295 § 12.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.310 - Inspection program fee.

RCW 88.04.310
Inspection program fee.
The owner or operator of every vessel inspected by the department shall pay the department a fee for each inspection. The fee shall be established by rule and shall cover the full cost of the inspection program including travel, per diem, and administrative and legal support costs for the program.
[ 1999 c 111 § 7; 1989 c 295 § 6; 1979 c 74 § 2.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.320 - Operating violations enumerated—Penalties.

RCW 88.04.320
Operating violations enumerated—Penalties.
(1) It is unlawful for any person to operate a vessel unless that person holds a valid license issued by the United States coast guard or the department to operate a vessel of that class.
(2) It is unlawful for any person to operate a vessel unless the vessel is operated in compliance with the rules of the department of labor and industries and has a current certificate of inspection posted.
(3) Any violation of the licensing and inspection provisions of this chapter is punishable pursuant to the penalties provided under the Washington industrial safety and health act, chapter 49.17 RCW.
[ 1989 c 295 § 7; 1979 c 74 § 3.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.04 - Charter Boat Safety Act. › 88.04.330 - Rule-making authority.

RCW 88.04.330
Rule-making authority.
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.
[ 1999 c 111 § 8; 1989 c 295 § 8; 1979 c 74 § 4.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.08 - Specific Acts Prohibited. › 88.08.020 - Tampering with lights or signals.

RCW 88.08.020
Tampering with lights or signals.
Every person who, in such manner as might, if not discovered, endanger a vessel, railway engine, motor, train, or car, shall show, mask, extinguish, alter, or remove any light or signal, or exhibit any false light or signal, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years.
[ 2003 c 53 § 415; 1992 c 7 § 62; 1909 c 249 § 402; RRS § 2654.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.08 - Specific Acts Prohibited. › 88.08.030 - Bringing certain foreign convicts into state.

RCW 88.08.030
Bringing certain foreign convicts into state.
Every person who, being the master or commander of any vessel or boat arriving from a foreign country, shall knowingly bring into this state a person who has been or is a foreign convict of any offense, which, if committed in this state would be punishable under the laws thereof, shall be guilty of a misdemeanor.
[ 1909 c 249 § 435; RRS § 2687.]
NOTES:
Reviser's note: Caption for 1909 c 249 § 435 reads as follows: "Sec. 435. Master of Vessel Bringing Foreign Convict."
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.08 - Specific Acts Prohibited. › 88.08.050 - Injury to lighthouses or United States light.

RCW 88.08.050
Injury to lighthouses or United States light.
Every person who shall willfully break, injure, deface, or destroy any lighthouse station, post, platform, step, lamp, or other structure pertaining to such lighthouse station, or shall extinguish or tamper with any light erected by the United States upon or along the navigable waters of this state to aid in the navigation thereof, in case no punishment is provided therefor by the laws of the United States, shall be punished:
(1) As a class B felony punishable by imprisonment in a state correctional facility for not more than ten years whenever such act may endanger the safety of any vessel navigating such waters, or jeopardize the safety of any person or property in or upon such vessel.
(2) In all other cases by imprisonment in the county jail for up to three hundred sixty-four days, or by a fine of not more than one thousand dollars, or by both.
[ 2011 c 96 § 58; 2003 c 53 § 416; 1992 c 7 § 63; 1909 c 249 § 403; RRS § 2655.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.08 - Specific Acts Prohibited. › 88.08.060 - Unlicensed pilotage.

RCW 88.08.060
Unlicensed pilotage.
Every person not duly licensed thereto, who shall pilot or offer to pilot any vessel into, within or out of the waters of Juan de Fuca Strait or Puget Sound, shall be guilty of a misdemeanor: PROVIDED, That nothing herein shall prohibit a master of a vessel acting as his or her own pilot, nor compel a master or owner of any vessel to take out a pilot license for that purpose.
[ 2013 c 23 § 532; 1909 c 249 § 293; RRS § 2545. Prior: 1888 p 177 § 18.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.005 - Legislative declaration of policy and intent.

RCW 88.16.005
Legislative declaration of policy and intent.
The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives, loss of property and vessels, and to protect the marine environment of the state of Washington through the sound application of compulsory pilotage provisions in certain of the state waters.
The legislature further finds and declares that it is a policy of the state of Washington to have pilots experienced in the handling of vessels aboard vessels in certain of the state waters with prescribed qualifications and licenses issued by the state.
It is the intent of the legislature to ensure against the loss of lives, loss or damage to property and vessels, and to protect the marine environment through the establishment of a board of pilotage commissioners representing the interests of the people of the state of Washington.
It is the further intent of the legislature not to place in jeopardy Washington's position as an able competitor for waterborne commerce from other ports and nations of the world, but rather to continue to develop and encourage such commerce.
[ 1977 ex.s. c 337 § 1.]
NOTES:
Severability—1977 ex.s. c 337: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 337 § 18.]