Washington Administrative Code › Title 352 - Parks and Recreation Commission › Chapter 352-60 - Recreational vessel equipment and operation › Section 352-60-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter the following words and phrases shall
			have the meanings designated in this section unless a different meaning is
			expressly provided or unless the context clearly indicates otherwise.
"Carrying passengers for hire" means carrying passengers in a
			vessel on waters of the state for valuable consideration, whether given
			directly or indirectly or received by the owner, agent, operator, or other
			person having an interest in the vessel. This shall not include trips where
			expenses for food, transportation, or incidentals are shared by participants on
			an even basis. Anyone receiving compensation for skills or money for
			amortization of equipment and carrying passengers shall be considered to be
			carrying passengers for hire on waters of the state.
"Coastal waters" means those waters (i.e., bays, sounds,
			harbors, rivers, inlets, etc.) directly connected to the territorial seas of
			the state of Washington where any entrance exceeds two nautical miles between
			opposite shorelines to the first point where the largest distance between
			shorelines narrows to two miles, as shown on the current edition of the
			appropriate National Ocean Service chart used for navigation. Shorelines of
			islands or points of land present within a waterway are considered when
			determining the distance between opposite shorelines.
"International waters" means the high seas within the
			territorial limits of Washington state seaward of the demarcation lines
			dividing the high seas from the harbors, rivers, bays, sounds, and other inland
			waters, as established in Chapter   33, Code of Federal Regulations, Part 80, and
			are governed by the International Regulations for Preventing Collisions at Sea,
			1972, (72 COLREGS), Chapter  33, Code of Federal Regulations, Part 81-72, Appendix A.
"Inland waters" means the waters within the territorial limits
			of Washington state shoreward of the demarcation lines dividing the high seas
			from harbors, rivers, bays, sounds, and other inland waters, as established in
			Chapter 33, Code of Federal Regulations, Part 80, which are not governed by the
			International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS),
			Title
			33, Code of Federal
			Regulations, Part 81-72, Appendix A.
"Length" means a straight line measurement of the overall
			distance from the foremost point of a vessel to the aftermost part of a vessel,
			measured parallel to the centerline not including bow sprits, bumpkins,
			boomkins, rudders, outboard motor brackets, outdrive units, propellers, and
			similar fittings or attachments.
"Observer" means an individual riding in a vessel who is
			responsible for observing a water skier at all times.
"Operate" means to steer, direct, or otherwise have physical
			control of a vessel that is underway.
"Operator" means an individual who steers, directs, or
			otherwise has physical control of a vessel that is underway or exercises actual
			authority to control the person at the helm.
"Owner" means a person who has a lawful right to possession of
			a vessel by purchase, exchange, gift, lease, inheritance, or legal action
			whether or not the vessel is subject to a security interest.
"Person" means any individual, sole proprietorship,
			partnership, corporation, nonprofit corporation or organization, limited
			liability company, firm, association, or other legal entity located within or
			outside this state.
"Personal flotation device" means a wearable Type I off-shore
			life jacket, Type II wearable near-shore buoyant vest, Type III wearable
			flotation aid, Type IV throwable ring buoy or buoyant cushion, or Type V
			special use device or hybrid inflatable device, that is approved by the United
			States Coast Guard Commandant under Chapter  46, Code of Federal Regulations,
			Part 160.
"PFD" means a personal flotation device.
"Power-driven vessel" means any vessel propelled by
			machinery.
"Sailing vessel" means any vessel under sail provided that
			propelling machinery, if fitted, is not being used.
"Racing shell, rowing scull, and racing kayak" means any
			manually propelled boat that is recognized by a national or international
			racing association for use in competitive racing, in which all occupants row,
			scull, or paddle, with the exception of a coxswain, if one is provided, and
			which is not designed to carry and does not carry any equipment not solely for
			competitive racing.
"Underway" means that a vessel is not at anchor, or made fast
			to the shore, or aground.
"Use" means to operate, navigate, moor or employ.
"Vessel" means every description of watercraft used or capable
			of being used as a means of transportation on the water, other than a seaplane.
			However, it does not include inner tubes, air mattresses, and small rafts or
			flotation devices or toys customarily used by swimmers.
"Vessel engaged in fishing" means any vessel fishing with nets,
			lines, trawls or other fishing apparatus which restrict maneuverability, but
			does not include a vessel fishing with trolling lines or other fishing
			apparatus which do not restrict maneuverability.
"Vessel not under command" means a vessel which through some
			exceptional circumstance is unable to maneuver as required by these
			requirements and is therefore unable to keep out of the way of another
			vessel.
"Vessel restricted in her ability to maneuver" means a vessel
			which from the nature of her work is restricted in her ability to maneuver as
			required by these requirements and is therefore unable to keep out of the way
			of another vessel. Vessels restricted in their ability to maneuver include, but
			are not limited to:
A vessel engaged in laying, servicing or picking up a
			navigation mark, submarine cable, or pipeline;
A vessel engaged in dredging, surveying, or underwater
			operations;
A vessel engaged in replenishment or transferring persons,
			provisions, or cargo while underway;
A vessel engaged in the launching or recovery of
			aircraft;
A vessel engaged in mineclearance operations; and
A vessel engaged in a towing operation such as severely
			restricts the towing vessel and her tow in their ability to deviate from their
			course.
"Visual distress signal" means any signalling device approved
			by the United States Coast Guard for use on recreational vessels.
"Water skiing" means the physical act of being towed behind a
			vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any
			other similar device.
"Waters of the state" means any waters within the territorial
			limits of Washington state.
"Whistle" means any sound signaling appliance capable of
			producing the prescribed blasts and which complies with specifications found in
			Title
			33, Code of Federal
			Regulations, Part 81, Appendix A.
"Whitewater rivers of the state" means those rivers and
			streams, or parts thereof, within the boundaries of the state as listed in RCW
			88.12.265 or as designated by the commission in WAC
			352-60-140(2).
"Whitewater river outfitter" means any person who is
			advertising to carry or carries passengers for hire on any whitewater river of
			the state, but does not include any person whose only service on a given trip
			is providing instruction in canoeing or kayaking skills.
Statutory Authority: RCW 88.12.279 and 43.51.400. 98-07-022,
			  §
										352-60-020, filed 3/10/98,
			  effective 4/10/98. Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125,
			  88.12.245 and chapter  33, C.F.R. Part 175.15 . 94-16-027, §
										352-60-020, filed 7/25/94,
			  effective 8/25/94. Statutory Authority: RCW 43.51.400. 84-11-057 (Order 79),
			  §
										352-60-020, filed
			  5/18/84.