title: RCW 88.02.570

text:
Vessel registration is required under this chapter except for the following:
(1) A military vessel owned by the United States government;
(2) A public vessel owned by the United States government, unless the vessel is a type used for recreation;
(3) A vessel clearly identified as being:
(a) Owned by a state, county, or city; and
(b) Used primarily for governmental purposes;
(4) A vessel either (a) registered or numbered under the laws of a country other than the United States or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94. Either vessel is exempt from registration only for the first sixty days of use on Washington state waters. On or before the sixty-first day of use on Washington state waters, any vessel in the state under this subsection must obtain a vessel visitor permit as required under RCW 88.02.610;
(5) A vessel that is currently registered or numbered under the laws of the state of principal operation or that has been issued a valid number under federal law. However, either vessel must be registered in Washington state if the state of principal operation changes to Washington state by the sixty-first day after the vessel arrives in Washington state;
(6)(a) A vessel owned by a nonresident if:
(i) The vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to these services;
(ii) An employee of the facility providing these services is on board the vessel during any testing; and
(iii) The nonresident files an affidavit with the department of revenue by the sixty-first day verifying that the vessel is located upon the waters of this state for these services.
(b) The nonresident must continue to file an affidavit every sixty days thereafter, as long as the vessel is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing;
(7) A vessel equipped with propulsion machinery of less than ten horsepower that:
(a) Is owned by the owner of a vessel for which a valid vessel number has been issued;
(b) Displays the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and
(c) Is used as a tender for direct transportation between the numbered vessel and the shore and for no other purpose;
(8) A vessel under sixteen feet in overall length that has no propulsion machinery of any type or that is not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower;
(9) A vessel with no propulsion machinery of any type for which the primary mode of propulsion is human power;
(10) A vessel primarily engaged in commerce that has or is required to have a valid marine document as a vessel of the United States. A commercial vessel that the department of revenue determines has the external appearance of a vessel that would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel's exempt status;
(11) A vessel primarily engaged in commerce that is owned by a resident of a country other than the United States;
(12) A vessel owned by a nonresident person brought into the state for use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period that (a) is currently registered or numbered under the laws of the state of principal use or (b) has been issued a valid number under federal law. This type of vessel is exempt from registration only for the first sixty days of use on Washington state waters. On or before the sixty-first day of use on Washington state waters, any vessel under this subsection must obtain a nonresident vessel permit as required under RCW 88.02.620;
(13) A vessel used in this state by a nonresident individual possessing a valid use permit issued under RCW 82.08.700 or 82.12.700;
(14) A vessel held for sale by any licensed dealer; and
(15) A vessel with propulsion machinery that draws two hundred fifty watts or less and propels the vessel no faster than ten miles per hour and is not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States.
[ 2016 c 114 s 2; (2016 c 114 s 1 expired July 1, 2019); 2015 3rd sp.s. c 6 s 804; 2010 c 161 s 1018; 2007 c 22 s 3; 2002 c 286 s 12; 1998 c 198 s 1; 1997 c 83 s 1; 1991 c 339 s 30. Prior: 1989 c 393 s 13; 1989 c 102 s 1; 1985 c 452 s 1; 1984 c 250 s 2; 1983 2nd ex.s. c 3 s 44; 1983 c 7 s 16. Formerly RCW 88.02.030.]
Notes:
Expiration date—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: See note following RCW 88.02.620.
Findings—Intent—Tax preference performance statement—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: See note following RCW 88.02.640.
Effective date—2016 c 114 s 2: "Section 2 of this act takes effect July 1, 2019." [ 2016 c 114 s 4.]
Expiration date—2016 c 114 s 1: "Section 1 of this act expires July 1, 2019." [ 2016 c 114 s 3.]
Effective dates—2015 3rd sp.s. c 6: See note following RCW 82.04.4266.
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—2007 c 22: See note following RCW 82.08.700.
Effective date—2002 c 286: See RCW 79.100.901.
Effective date—1998 c 198: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 1998]." [ 1998 c 198 s 2.]
Effective date—1985 c 452: "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, 1985." [ 1985 c 452 s 2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Commission to adopt rules: RCW 79A.60.595.
Partial exemption from ad valorem taxes of ships and vessels exempt from excise tax under RCW 88.02.570(10): RCW 84.36.080.
PDF
RCW 88.02.570
Exemptions. (Effective January 1, 2029.)
Vessel registration is required under this chapter except for the following:
(1) A military vessel owned by the United States government;
(2) A public vessel owned by the United States government, unless the vessel is a type used for recreation;
(3) A vessel clearly identified as being:
(a) Owned by a state, county, or city; and
(b) Used primarily for governmental purposes;
(4) A vessel either (a) registered or numbered under the laws of a country other than the United States or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94. Either vessel is exempt from registration only for the first sixty days of use on Washington state waters. On or before the sixty-first day of use on Washington state waters, any vessel in the state under this subsection must obtain a vessel visitor permit as required under RCW 88.02.610;
(5) A vessel that is currently registered or numbered under the laws of the state of principal operation or that has been issued a valid number under federal law. However, either vessel must be registered in Washington state if the state of principal operation changes to Washington state by the sixty-first day after the vessel arrives in Washington state;
(6) A vessel owned by a nonresident if:
(a) The vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to these services;
(b) An employee of the facility providing these services is on board the vessel during any testing; and
(c) The nonresident files an affidavit with the department of revenue by the sixty-first day verifying that the vessel is located upon the waters of this state for these services.
The nonresident shall continue to file an affidavit every sixty days thereafter, as long as the vessel is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing;
(7) A vessel equipped with propulsion machinery of less than ten horsepower that:
(a) Is owned by the owner of a vessel for which a valid vessel number has been issued;
(b) Displays the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and
(c) Is used as a tender for direct transportation between the numbered vessel and the shore and for no other purpose;
(8) A vessel under sixteen feet in overall length that has no propulsion machinery of any type or that is not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower;
(9) A vessel with no propulsion machinery of any type for which the primary mode of propulsion is human power;
(10) A vessel primarily engaged in commerce that has or is required to have a valid marine document as a vessel of the United States. A commercial vessel that the department of revenue determines has the external appearance of a vessel that would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel's exempt status;
(11) A vessel primarily engaged in commerce that is owned by a resident of a country other than the United States;
(12) A vessel owned by a nonresident natural person brought into the state for use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period that (a) is currently registered or numbered under the laws of the state of principal use or (b) has been issued a valid number under federal law. This type of vessel is exempt from registration only for the first sixty days of use on Washington state waters. On or before the sixty-first day of use on Washington state waters, any vessel under this subsection must obtain a nonresident vessel permit as required under RCW 88.02.620;
(13) A vessel used in this state by a nonresident individual possessing a valid use permit issued under RCW 82.08.700 or 82.12.700;
(14) A vessel held for sale by any licensed dealer; and
(15) A vessel with propulsion machinery that draws two hundred fifty watts or less and propels the vessel no faster than ten miles per hour and is not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States.
[ 2016 c 114 s 2; 2010 c 161 s 1018; 2007 c 22 s 3; 2002 c 286 s 12; 1998 c 198 s 1; 1997 c 83 s 1; 1991 c 339 s 30. Prior: 1989 c 393 s 13; 1989 c 102 s 1; 1985 c 452 s 1; 1984 c 250 s 2; 1983 2nd ex.s. c 3 s 44; 1983 c 7 s 16. Formerly RCW 88.02.030.]
Notes:
Effective date—2016 c 114 s 2: "Section 2 of this act takes effect July 1, 2019." [ 2016 c 114 s 4.]
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—2007 c 22: See note following RCW 82.08.700.
Effective date—2002 c 286: See RCW 79.100.901.
Effective date—1998 c 198: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 1998]." [ 1998 c 198 s 2.]
Effective date—1985 c 452: "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, 1985." [ 1985 c 452 s 2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Commission to adopt rules: RCW 79A.60.595.
Partial exemption from ad valorem taxes of ships and vessels exempt from excise tax under RCW 88.02.570(10): RCW 84.36.080.

catchline: Exemptions. (Effective until January 1, 2029.)


doc_type: statute

jurisdiction: wa

title: RCW 88.02.580

text:
The department shall provide an opportunity for each person registering a vessel under this chapter to make a voluntary donation to support the maritime historic restoration and preservation activities of the Grays Harbor Historical Seaport and the Steamer Virginia V Foundation. All voluntary donations collected under this section must be deposited in the maritime historic restoration and preservation account created under RCW 88.02.660.
[ 2010 c 161 s 1023; 1996 c 3 s 1. Formerly RCW 88.02.052.]
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.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Voluntary donations—Maritime historic restoration and preservation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 88.02.590

text:
(1) A registered owner or the registered owner's authorized representative shall promptly apply for a duplicate registration certificate when a registration certificate is lost, stolen, mutilated, or destroyed, or becomes illegible. The application for a duplicate registration certificate must:
(a) Be accompanied by an affidavit of loss or destruction;
(b) Include information required by the department; and
(c) Be accompanied by the fee required in *RCW 88.02.640(1)(d), in addition to any other fees or taxes required for the transaction.
(2) A person recovering a registration certificate for which a duplicate has been issued shall promptly return the registration certificate that has been recovered to the department.
[ 2011 c 171 s 130; 2010 c 161 s 1021.]
Notes:
*Reviser's note: RCW 88.02.640 was amended by 2012 c 74 s 16, changing subsection (1)(d) to subsection (1)(e).
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.

catchline: Duplicate registration certificates.


title: RCW 88.02.592

text:
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.
[ 2022 c 36 s 3.]
Notes:
Finding—2022 c 36: See note following RCW 46.16A.180.

catchline: Registration certificates—Manual removal of registrant's address.


title: RCW 88.02.595

text:
(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.
[ 2011 c 171 s 131; 2010 c 161 s 1022.]
Notes:
*Reviser's note: RCW 88.02.640 was amended by 2012 c 74 s 16, changing subsection (1)(j) to subsection (1)(k).
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.

catchline: Replacement decals.


title: RCW 88.02.600

text:
The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required under RCW 88.02.390 as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due on or after January 1, 2007, upon recommendation by the director. The materials must instruct the vessel owner to affix the stickers as required under RCW 88.02.390.
[ 2010 c 161 s 1025; 2006 c 140 s 3. Formerly RCW 88.02.260.]
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—2006 c 140 ss 2 and 3: See note following RCW 88.02.390.
Short title—2006 c 140: See note following RCW 79A.60.660.

catchline: Carbon monoxide poisoning informational brochure.


title: RCW 88.02.610

text:
(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.
[ 2025 c 58 s 2049; 2011 c 171 s 132; 2010 c 161 s 1026.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
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.

catchline: Vessel visitor permit.


title: RCW 88.02.620

text:
(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 300 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) A vessel operating under a nonresident vessel permit must be operated in compliance with the quiet sound program and the department of fish and wildlife's safe whale distance guidelines.
(8) The department must adopt rules to implement this section, including rules on issuing and displaying the nonresident vessel permit. Until May 1, 2026, the department must process the application for a nonresident vessel permit, with respect to a vessel that exceeds 200 feet in length, as if the vessel were 200 feet in length.
[ 2025 c 244 s 1; 2023 c 374 s 23; 2021 c 150 s 1; 2015 3rd sp.s. c 6 s 802; 2011 c 171 s 133; 2010 c 161 s 1027.]
Notes:
Expiration date—2025 c 244 ss 1 and 2: "Sections 1 and 2 of this act expire January 1, 2029." [ 2025 c 244 s 3.]
Effective date—2025 c 244: "This act takes effect September 1, 2025." [ 2025 c 244 s 4.]
Expiration date—2023 c 374 s 23: "Section 23 of this act expires January 1, 2029." [ 2023 c 374 s 27.]
Expiration date—2021 c 150: "Sections 1 through 3 of this act expire January 1, 2029." [ 2021 c 150 s 7.]
Expiration date—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: "(1) Sections 802 and 804, chapter 6, Laws of 2015 3rd sp. sess. expire January 1, 2029;
(2) Section 803, chapter 6, Laws of 2015 3rd sp. sess. expires January 1, 2029; and
(3) Section 805, chapter 6, Laws of 2015 3rd sp. sess. expires January 1, 2031." [ 2021 c 150 s 4; 2017 c 323 s 302; 2015 3rd sp.s. c 6 s 2303.]
Effective dates—2015 3rd sp.s. c 6: See note following RCW 82.04.4266.
Findings—Intent—Tax preference performance statement—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: See note following RCW 88.02.640.
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.
PDF
RCW 88.02.620
Nonresident vessel permit. (Effective January 1, 2029.)
(1) A vessel owner who is a nonresident natural person shall apply for a nonresident vessel permit on or before the sixty-first day of use in Washington state if the vessel:
(a) Is currently registered or numbered under the laws of the state of principal operation or has been issued a valid number under federal law; and
(b) Has been brought into Washington state for personal use for not more than six months in any continuous twelve-month period.
(2) 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.
(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)(h) when issuing nonresident vessel permits.
(4) A nonresident vessel permit is not required under this section if the vessel is used in conducting temporary business activity within Washington state.
(5) The department shall adopt rules to implement this section, including rules on issuing and displaying the nonresident vessel permit.
[ 2011 c 171 s 133; 2010 c 161 s 1027.]
Notes:
*Reviser's note: RCW 88.02.640 was amended by 2012 c 74 s 16, changing subsection (1)(h) to subsection (1)(i).
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.

catchline: Nonresident vessel permit. (Effective until January 1, 2029.)


title: RCW 88.02.640

text:
(1) In addition to any other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director must charge the following vessel fees and surcharge:
FEE
AMOUNT
AUTHORITY
DISTRIBUTION
(a) Dealer temporary permit
$5.00
RCW 88.02.800(2)
General fund
(b) Derelict vessel and invasive species removal
Subsection (3) of this section
Subsection (3) of this section
Subsection (3) of this section
(c) Derelict vessel removal surcharge
$1.00
Subsection (4) of this section
Subsection (4) of this section
(d) Duplicate certificate of title
$1.25
RCW 88.02.530(1)(c)
General fund
(e) Duplicate registration
$1.25
RCW 88.02.590(1)(c)
General fund
(f) Filing
RCW 46.17.005
RCW 88.02.560(2)
RCW 46.68.400
(g) License plate technology
RCW 46.17.015
RCW 88.02.560(2)
RCW 46.68.370
(h) License service
RCW 46.17.025
RCW 88.02.560(2)
RCW 46.68.220
(i) Nonresident vessel permit
Subsection (5) of this section
RCW 88.02.620(4)
Subsection (5) of this section
(j) Quick title service
$50.00
RCW 88.02.540(3)
Subsection (7) of this section
(k) Registration
$10.50
RCW 88.02.560(2)
RCW 88.02.650
(l) Replacement decal
$1.25
RCW 88.02.595(1)(c)
General fund
(m) Service fee
RCW 46.17.040
RCW 88.02.515 and 88.02.560(2)
RCW 46.17.040
(n) Title application
$5.00
RCW 88.02.515
General fund
(o) Transfer
$1.00
RCW 88.02.560(7)
General fund
(p) Vessel visitor permit
$30.00
RCW 88.02.610(3)
Subsection (6) of this section
(2) The five dollar dealer temporary permit fee required in subsection (1) of this section must be credited to the payment of registration fees at the time application for registration is made.
(3) The derelict vessel and invasive species removal fee required in subsection (1) of this section is five dollars and must be distributed as follows:
(a) Two dollars must be deposited in the aquatic invasive species management account created in RCW 77.135.200;
(b) One dollar must be deposited into the aquatic algae control account created in RCW 43.21A.667; and
(c) Two dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100.
(4) In addition to other fees required in this section, an annual derelict vessel removal surcharge of one dollar must be charged with each vessel registration. The surcharge is to address the significant backlog of derelict vessels accumulated in Washington waters that pose a threat to the health and safety of the people and to the environment and must be deposited into the derelict vessel removal account created in RCW 79.100.100.
(5)(a) The amount of the nonresident vessel permit fee is:
(i) For a vessel owned by a nonresident natural person, $25; and
(ii) For a nonresident vessel owner that is not a natural person, the fee is equal to:
(A) $25 per foot for vessels between 30 and 99 feet in length;
(B) $30 per foot for vessels between 100 and 120 feet in length;
(C) $37.50 per foot for vessels between 121 and 200 feet in length. The fee must be multiplied by the extreme length of the vessel in feet, rounded up to the nearest whole foot; and
(D)(I) $100 per foot for vessels between 201 and 300 feet in length, except as provided in (a)(ii)(D)(II) of this subsection. The fee must be multiplied by the extreme length of the vessel in feet, rounded up to the nearest whole foot.
(II) Until May 1, 2026, the fee for vessels between 201 and 300 feet in length is the same as that for a vessel 200 feet in length.
(b) The fee must be paid by the vessel owner to the department. Any moneys remaining from the fee after the payment of costs to administer the permit must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650, except that all revenues generated from the fees established in (a)(ii)(D) of this subsection must be allocated to the Washington state recreation and conservation office for a grant program to support youth swim lessons in overburdened communities.
(c) In addition to the applicable fees under this section, vessel owners who obtain a nonresident vessel permit for the purposes of chartering their vessel with a captain or crew are subject to use tax as provided in RCW 82.12.799.
(6) The $30 vessel visitor permit fee must be distributed as follows:
(a) Five dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100;
(b) The department may keep an amount to cover costs for providing the vessel visitor permit;
(c) Any moneys remaining must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650; and
(d) Any fees required for licensing agents under RCW 46.17.005 are in addition to any other fee or tax due for the titling and registration of vessels.
(7)(a) The $50 quick title service fee must be distributed as follows:
(i) If the fee is paid to the director, the fee must be deposited to the general fund.
(ii) If the fee is paid to the participating county auditor or other agent appointed by the director, $25 must be deposited to the general fund. The remainder must be retained by the county treasurer in the same manner as other fees collected by the county auditor.
(iii) If the fee is paid to a subagent appointed by the director, $25 must be deposited to the general fund. The remaining $25 must be distributed as follows: $12.50 must be retained by the county treasurer in the same manner as other fees collected by the county auditor and $12.50 must be retained by the subagent.
(b) For the purposes of this subsection, "quick title" has the same meaning as in RCW 88.02.540.
(8) The department, county auditor or other agent, or subagent appointed by the director shall charge the service fee under subsection (1)(m) of this section beginning January 1, 2016.
[ 2025 c 244 s 2; 2021 c 150 s 2; 2017 3rd sp.s. c 17 s 104; (2017 3rd sp.s. c 17 s 103 expired July 1, 2019). Prior: 2015 3rd sp.s. c 44 s 216; 2015 3rd sp.s. c 6 s 803; 2015 2nd sp.s. c 1 s 2; 2013 c 291 s 1; 2012 c 74 s 16; prior: 2011 c 326 s 5; 2011 c 171 s 134; 2011 c 169 s 1; 2010 c 161 s 1028.]
Notes:
Expiration date—2025 c 244 ss 1 and 2: See note following RCW 88.02.620.
Effective date—2025 c 244: See note following RCW 88.02.620.
Expiration date—2021 c 150: See note following RCW 88.02.620.
Effective date—2017 3rd sp.s. c 17 s 104: "Section 104 of this act takes effect July 1, 2019." [ 2017 3rd sp.s. c 17 s 311.]
Expiration date—2017 3rd sp.s. c 17 s 103: "Section 103 of this act expires July 1, 2019." [ 2017 3rd sp.s. c 17 s 310.]
Findings—Intent—Tax preference performance statement—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: "(1)(a) The legislature finds that a robust maritime industry is crucial for the state's economic vitality. The legislature further finds that:
(i) The joint task force for economic resilience of maritime and manufacturing established policy goals to continue efforts towards developing a robust maritime industry in the state;
(ii) The maritime industry has a direct and indirect impact on jobs in the state;
(iii) Many of the cities and towns impacted by the maritime industry are often small with limited resources to encourage economic growth, heavily relying on the maritime industry for local jobs and revenues in the community;
(iv) Keeping Washington competitive with other cruising destinations is essential to continue to build a robust maritime economy in the state; and
(v) Tax incentives are an imperative component to improve the state's overall competitiveness in this sector.
(b) Therefore, the legislature intends to:
(i) Bolster the maritime industry in the state by incentivizing larger vessel owners to use Washington waters for recreational boating to increase economic activity and jobs in coastal communities and inland water regions of the state;
(ii) Achieve this objective in a fiscally responsible manner and require analysis of specific metrics to ensure valuable state resources are being used to accomplish the intended goal; and
(iii) Provide limited, short-term tax relief to entity-owned nonresident vessel owners that currently are not afforded the same benefits as other nonresident vessel owners.
(2)(a) This subsection is the tax preference performance statement for the entity-owned nonresident vessel tax preference established in section 803 of this act. The performance statement is only intended to be used for subsequent evaluation of the tax preference. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
(b) The legislature categorizes this tax preference as one intended to accomplish the purposes indicated in RCW 82.32.808(2)(c) and one intended to improve the state's competitiveness with other nearby cruising destinations.
(c) It is the legislature's specific public policy objective to increase economic activity and jobs related to the maritime industry by providing a tax preference for large entity-owned nonresident vessels to increase the length of time these vessels cruise Washington waters in turn strengthening the maritime economy in the state.
(d) To measure the effectiveness of the tax preference provided in part VIII, chapter 6, Laws of 2015 3rd sp. sess. in achieving the public policy objective in (c) of this subsection, the joint legislative audit and review committee must provide the following in a published evaluation of this tax preference by December 31, 2028:
(i) A comparison of the gross and taxable revenue generated by businesses that sell or provide maintenance or repair of vessels, prior to and after the enactment of this tax preference;
(ii) Analysis of retail sales taxes collected from the restaurant and service industries in coastal and inlet coastal jurisdictions, for both counties and cities, for periods prior to and after the enactment of this tax preference;
(iii) Employment and wage trends for businesses described in (d)(i) and (ii) of this subsection, for periods prior to and after the enactment of this tax preference;
(iv) Descriptive statistics for the number of permits sold each year in addition to the following information:
(A) The cost for each permit by strata of vessel length;
(B) The jurisdiction of ownership for the nonresident vessel; and
(C) The amount of use tax that would have been due based on the estimated value of the vessel;
(v) A comparison of the number of registered entity-owned and individually owned vessels registered in Washington prior to and after the enactment of this tax preference; and
(vi) Data and analysis for Washington's main cruising destination competitors, specifically looking at tax preferences provided in those jurisdictions, vessel industry income data, and any additional relevant information to compare Washington's maritime climate with its competitors.
(e) The provision of RCW 82.32.808(5) does not apply to this tax preference." [ 2021 c 150 s 5; 2017 c 323 s 303; 2015 3rd sp.s. c 6 s 801.]
Expiration date—2021 c 150; 2017 c 323; 2015 3rd sp.s. c 6 ss 802-805: See note following RCW 88.02.620.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective dates—2015 3rd sp.s. c 6: See note following RCW 82.04.4266.
Effective date—2015 2nd sp.s. c 1: See note following RCW 46.68.025.
Application—Effective date—2011 c 326: See notes following RCW 46.12.555.
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.
PDF
RCW 88.02.640
Fees by type—Disposition, distribution. (Effective January 1, 2029.)
(1) In addition to any other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge the following vessel fees and surcharge:
FEE
AMOUNT
AUTHORITY
DISTRIBUTION
(a) Dealer temporary permit
$5.00
RCW 88.02.800(2)
General fund
(b) Derelict vessel and invasive species removal
Subsection (3) of this section
Subsection (3) of this section
Subsection (3) of this section
(c) Derelict vessel removal surcharge
$1.00
Subsection (4) of this section
Subsection (4) of this section
(d) Duplicate certificate of title
$1.25
RCW 88.02.530(1)(c)
General fund
(e) Duplicate registration
$1.25
RCW 88.02.590(1)(c)
General fund
(f) Filing
RCW 46.17.005
RCW 88.02.560(2)
RCW 46.68.400
(g) License plate technology
RCW 46.17.015
RCW 88.02.560(2)
RCW 46.68.370
(h) License service
RCW 46.17.025
RCW 88.02.560(2)
RCW 46.68.220
(i) Nonresident vessel permit
$25.00
RCW 88.02.620(3)
Subsection (5) of this section
(j) Quick title service
$50.00
RCW 88.02.540(3)
Subsection (7) of this section
(k) Registration
$10.50
RCW 88.02.560(2)
RCW 88.02.650
(l) Replacement decal
$1.25
RCW 88.02.595(1)(c)
General fund
(m) Service fee
RCW 46.17.040
RCW 88.02.515 and 88.02.560(2)
RCW 46.17.040
(n) Title application
$5.00
RCW 88.02.515
General fund
(o) Transfer
$1.00
RCW 88.02.560(7)
General fund
(p) Vessel visitor permit
$30.00
RCW 88.02.610(3)
Subsection (6) of this section
(2) The five dollar dealer temporary permit fee required in subsection (1) of this section must be credited to the payment of registration fees at the time application for registration is made.
(3) The derelict vessel and invasive species removal fee required in subsection (1) of this section is five dollars and must be distributed as follows:
(a) Two dollars must be deposited in the aquatic invasive species management account created in RCW 77.135.200;
(b) One dollar must be deposited into the aquatic algae control account created in RCW 43.21A.667; and
(c) Two dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100.
(4) In addition to other fees required in this section, an annual derelict vessel removal surcharge of one dollar must be charged with each vessel registration. The surcharge is to address the significant backlog of derelict vessels accumulated in Washington waters that pose a threat to the health and safety of the people and to the environment and must be deposited into the derelict vessel removal account created in RCW 79.100.100.
(5) The twenty-five dollar nonresident vessel permit fee must be paid by the vessel owner to the department for the cost of providing the identification document by the department. Any moneys remaining from the fee after the payment of costs must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650.
(6) The thirty dollar vessel visitor permit fee must be distributed as follows:
(a) Five dollars must be deposited in the derelict vessel removal account created in RCW 79.100.100;
(b) The department may keep an amount to cover costs for providing the vessel visitor permit;
(c) Any moneys remaining must be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.650; and
(d) Any fees required for licensing agents under RCW 46.17.005 are in addition to any other fee or tax due for the titling and registration of vessels.
(7)(a) The fifty dollar quick title service fee must be distributed as follows:
(i) If the fee is paid to the director, the fee must be deposited to the general fund.
(ii) If the fee is paid to the participating county auditor or other agent appointed by the director, twenty-five dollars must be deposited to the general fund. The remainder must be retained by the county treasurer in the same manner as other fees collected by the county auditor.
(iii) If the fee is paid to a subagent appointed by the director, twenty-five dollars must be deposited to the general fund. The remaining twenty-five dollars must be distributed as follows: Twelve dollars and fifty cents must be retained by the county treasurer in the same manner as other fees collected by the county auditor and twelve dollars and fifty cents must be retained by the subagent.
(b) For the purposes of this subsection, "quick title" has the same meaning as in RCW 88.02.540.
(8) The department, county auditor or other agent, or subagent appointed by the director shall charge the service fee under subsection (1)(m) of this section beginning January 1, 2016.
[ 2017 3rd sp.s. c 17 s 104. Prior: 2015 3rd sp.s. c 44 s 216; 2015 2nd sp.s. c 1 s 2; 2013 c 291 s 1; 2012 c 74 s 16; prior: 2011 c 326 s 5; 2011 c 171 s 134; 2011 c 169 s 1; 2010 c 161 s 1028.]
Notes:
Effective date—2017 3rd sp.s. c 17 s 104: "Section 104 of this act takes effect July 1, 2019." [ 2017 3rd sp.s. c 17 s 311.]
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2015 2nd sp.s. c 1: See note following RCW 46.68.025.
Application—Effective date—2011 c 326: See notes following RCW 46.12.555.
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.

catchline: Fees by type—Disposition, distribution. (Effective until January 1, 2029.)


title: RCW 88.02.650

text:
(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 s 979; 2011 c 171 s 135; 2010 c 161 s 1029; 2002 c 286 s 14; 1989 c 393 s 12; 1983 c 7 s 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.

catchline: Deposit of fees in general fund—Allocation for boating safety and education and law enforcement purposes.


title: RCW 88.02.660

text:
(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 s 1031; 1996 c 3 s 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.

catchline: Maritime historic restoration and preservation account.


title: RCW 88.02.710

text:
(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 s 1032; 1987 c 149 s 1; 1983 c 7 s 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 s 15.]

catchline: Requirements—Surety bond—Fees.


title: RCW 88.02.720

text:
(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 s 2; 2010 c 161 s 1033; 2007 c 378 s 1; 1990 c 250 s 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.

catchline: Exemptions.


title: RCW 88.02.730

text:
(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 s 1034; 1987 c 149 s 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.

catchline: Business address—Office—Identification of business.


title: RCW 88.02.740

text:
Any person engaging in vessel dealer activities without first obtaining a vessel dealer license is guilty of a gross misdemeanor.
[ 2010 c 161 s 1036; 1987 c 149 s 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.

catchline: Vessel dealer license required—Penalty.


title: RCW 88.02.750

text:
(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 s 1035; 1987 c 149 s 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.

catchline: Denial, suspension, or revocation of vessel dealer license—Penalties—Subterfuge.


title: RCW 88.02.755

text:
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 s 1038; 1997 c 58 s 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.

catchline: Vessel registration or vessel dealer license suspension—Noncompliance with support order—Reissuance.


title: RCW 88.02.760

text:
(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 s 1043; 1994 c 262 s 27; 1987 c 149 s 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.

catchline: Evidence of ownership by vessel dealers—Sales of consigned vessels—Assignment and warranty of certificates of title.


title: RCW 88.02.770

text:
(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 s 1039; 1991 c 339 s 33; 1987 c 149 s 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.

catchline: Receipt of cash or negotiable instrument before delivery of vessel—Trust account.


title: RCW 88.02.780

text:
(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 s 1040; 1987 c 149 s 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.

catchline: Records of the purchase and sale of vessels.


title: RCW 88.02.790

text:
(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 s 1041; 1987 c 149 s 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.

catchline: Vessel dealer display decals—Use.


title: RCW 88.02.795

text:
(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 s 1037; 1987 c 149 s 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.

catchline: Additional penalties for unauthorized or personal use of dealer display decals.


title: RCW 88.02.800

text:
(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 s 1042; 1987 c 149 s 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.

catchline: Issuance of temporary permits—Fee.


title: RCW 88.04.005

text:
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 s 1; 1989 c 295 s 1.]

catchline: Purposes.


title: RCW 88.04.015

text:
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 s 2; 1991 c 45 s 1; 1989 c 295 s 2.]

catchline: Definitions.


title: RCW 88.04.025

text:
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 s 3; 1989 c 295 s 3.]

catchline: Operating on state waters—Conditions.


title: RCW 88.04.035

text:
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 s 4; 1989 c 295 s 4.]

catchline: Inspection of charter boats—Certificate of inspection.


title: RCW 88.04.045

text:
(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 s 5; 1989 c 295 s 5.]

catchline: Application for inspection—Inspection fee—Deposit of fees.


title: RCW 88.04.055

text:
(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 s 9.]

catchline: Evidentiary hearings.


title: RCW 88.04.065

text:
(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 s 6; 1989 c 295 s 10.]

catchline: Reciprocal agreements—Annual operating permits—Education and enforcement programs.


title: RCW 88.04.075

text:
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 s 2; 1989 c 295 s 11.]

catchline: Exemptions from chapter.


title: RCW 88.04.085

text:
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 s 12.]

catchline: Application of Washington industrial safety and health act.


title: RCW 88.04.310

text:
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 s 7; 1989 c 295 s 6; 1979 c 74 s 2.]

catchline: Inspection program fee.


title: RCW 88.04.320

text:
(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 s 7; 1979 c 74 s 3.]


title: RCW 88.04.330

text:
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 s 8; 1989 c 295 s 8; 1979 c 74 s 4.]

catchline: Rule-making authority.


title: RCW 88.04.900

text:
This chapter may be known and cited as the charter boat safety act.
[ 1989 c 295 s 13.]

catchline: Short title.


title: RCW 88.08.020

text:
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 s 415; 1992 c 7 s 62; 1909 c 249 s 402; RRS s 2654.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Tampering with lights or signals.


title: RCW 88.08.030

text:
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 s 435; RRS s 2687.]
Notes:
Reviser's note: Caption for 1909 c 249 s 435 reads as follows: "Sec. 435. Master of Vessel Bringing Foreign Convict."

catchline: Bringing certain foreign convicts into state.


title: RCW 88.08.050

text:
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 s 58; 2003 c 53 s 416; 1992 c 7 s 63; 1909 c 249 s 403; RRS s 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.

catchline: Injury to lighthouses or United States light.


title: RCW 88.08.060

text:
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 s 532; 1909 c 249 s 293; RRS s 2545. Prior: 1888 p 177 s 18.]

catchline: Unlicensed pilotage.


title: RCW 88.16.005

text:
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 s 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 s 18.]

catchline: Legislative declaration of policy and intent.


title: RCW 88.16.010

text:
(1) The board of pilotage commissioners of the state of Washington is hereby created and shall consist of the assistant secretary of marine operations of the department of transportation of the state of Washington, or the assistant secretary's designee who shall be an employee of the marine division, who shall be chairperson, the director of the department of ecology, or the director's designee, and seven members appointed by the governor and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years from the date of the member's commission. No person shall be eligible for appointment to the board unless that person is at the time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots licensed under this chapter and actively engaged in piloting upon the waters covered by this chapter for at least three years immediately preceding the time of appointment and while serving on the board. One pilot shall be from the Puget Sound pilotage district and the other pilot shall be from either the Grays Harbor pilotage district or the Puget Sound pilotage district. Two of the appointed commissioners shall be actively engaged in the ownership, operation, or management of deep sea cargo and/or passenger-carrying vessels for at least three years immediately preceding the time of appointment and while serving on the board. One of the shipping commissioners shall be a representative of American and one of foreign shipping. One of the commissioners shall be a representative from a recognized environmental organization concerned with marine waters. The remaining commissioners shall be persons interested in and concerned with pilotage, maritime safety, and marine affairs, with broad experience related to the maritime industry exclusive of experience as either a state licensed pilot or as a shipping representative.
(2) Any vacancy in an appointed position on the board shall be filled by the governor for the remainder of the unfilled term, subject to confirmation by the senate.
(3) Five members of the board shall constitute a quorum. At least one pilot, one shipping representative, and one public member must be present at every meeting. All commissioners and the chairperson shall have a vote.
[ 2008 c 128 s 1; 2003 c 58 s 1; 2001 c 36 s 4; 1991 c 200 s 1001; 1987 c 485 s 1; 1979 ex.s. c 207 s 1; 1977 ex.s. c 337 s 2; 1977 ex.s. c 151 s 73; 1971 ex.s. c 292 s 58; 1935 c 18 s 1; RRS s 9871-1. Prior: 1888 p 175 s 1.]
Notes:
Effective dates—1991 c 200: See RCW 90.56.901.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.


title: RCW 88.16.020

text:
The department of transportation of the state of Washington shall be the office of the board, and all records shall be kept in the office of the department. Each pilotage commissioner shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060, to be paid out of the pilotage account on vouchers approved by the chairperson of the board: PROVIDED, That the sums received under this section shall not be considered compensation earnable as defined pursuant to RCW 41.40.010(8).
The board is authorized to employ personnel, pursuant to chapter 41.06 RCW, as necessary to conduct the business of the board.
[ 1984 c 287 s 111; 1977 ex.s. c 337 s 3; 1977 ex.s. c 151 s 74; 1975-'76 2nd ex.s. c 34 s 178; 1967 c 15 s 1; 1941 c 184 s 1; 1935 c 18 s 2; RRS s 9871-2.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.


title: RCW 88.16.035

text:
(1) The board of pilotage commissioners shall:
(a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter;
(b)(i) Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board;
(ii) Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and
(iii) Establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service;
(c) Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage;
(d) Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district;
(e) Provide assistance to the utilities and transportation commission, as requested by the utilities and transportation commission, in its performance of pilotage tariff setting functions under RCW 81.116.010 through 81.116.060;
(f) File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings or stipends of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots and the disposition thereof; the number of groundings, marine occurrences, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot's or trainee's name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot or trainee, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; updates on efforts to increase diversity of pilots, trainees, and applicants; and any and all other information which the board deems appropriate to include;
(g) Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters;
(h) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;
(i) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.
(2) The board may pay stipends to pilot trainees under subsection (1)(b) of this section.
[ 2025 c 417 s 1101; 2018 c 107 s 3; 2009 c 496 s 1; 2008 c 128 s 2; 2006 c 53 s 1; 2005 c 26 s 1; 1987 c 264 s 1; 1977 ex.s. c 337 s 4.]
Notes:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Effective date—2018 c 107: See note following RCW 88.16.055.
Retroactive application—2006 c 53: "This act is intended to clarify the authority of the board of pilotage commissioners to pay stipends to pilot trainees that have indicated they wish to receive a stipend during the board of pilotage commissioners' training program. Section 1 of this act is remedial and curative in nature and applies retroactively to December 1, 2005. Specifically, the board may pay stipends, pursuant to the rules established by the board, to any pilot trainees that qualified for the stipends on, or after, December 1, 2005." [ 2006 c 53 s 3.]
Effective date—2006 c 53: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2006]." [ 2006 c 53 s 4.]
Effective date—2005 c 26: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 12, 2005]." [ 2005 c 26 s 4.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.

catchline: Board of pilotage commissioners—Powers and duties.


title: RCW 88.16.040

text:
Any member of the board shall have power to administer oaths in any matter before the board for consideration or inquiry and to issue subpoenas requiring witnesses to appear before the board. Such subpoenas shall be signed by a member of the board and issued in the name of the state of Washington and be served and returned, and mileage and witness fees shall be paid in like manner and effect as in a civil action. A witness wilfully disobeying such subpoena served upon the witness shall be proceeded against upon complaint of the board to the attorney general or the prosecuting attorney of the county where the attendance of the witness was demanded as for a contempt of the authority of the superior court of said county.
[ 1987 c 485 s 2; 1967 c 15 s 9; 1935 c 18 s 14; RRS s 9871-14.]

catchline: Oaths and subpoenas—Compelling attendance of witnesses—Contempt.


title: RCW 88.16.050

text:
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.
[ 1987 c 485 s 3; 1979 ex.s. c 207 s 2; 1977 ex.s. c 337 s 5; 1971 ex.s. c 297 s 2; 1967 c 15 s 2; 1935 c 18 s 3; RRS s 9871-3.]
Notes:
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.

catchline: Pilotage districts and waters affected.


title: RCW 88.16.055

text:
(1) The utilities and transportation commission shall under RCW 81.116.010 through 81.116.060 periodically, but not more frequently than annually, establish the pilotage tariffs for pilotage services provided under this chapter: PROVIDED, That the utilities and transportation commission may establish extra compensation for extra services to vessels in distress, for awaiting vessels, for all vessels in direct transit to or from a Canadian port where Puget Sound pilotage is required for a portion of the voyage, or for being carried to sea on vessels against the will of the pilot, and for such other services as may be determined by the commission: PROVIDED FURTHER, That as an element of the Puget Sound pilotage district tariff, the utilities and transportation commission may consider pilot retirement expenses incurred in the prior year in the Puget Sound pilotage district. However, under no circumstances shall the state be obligated to fund or pay for any portion of retirement payments for pilots or retired pilots.
(2) By December 1, 2018, the utilities and transportation commission shall submit to the transportation committees of the legislature any additional statutory changes necessary to implement chapter 107, Laws of 2018.
(3) By July 1, 2020, the utilities and transportation commission shall provide a report to the governor and the transportation committees of the legislature regarding matters pertaining to establishing tariffs under this section that includes a comparison of the process and outcomes in relation to the recommendations made in the January 2018 joint transportation committee Washington state pilotage final report and recommendations.
[ 2018 c 107 s 1.]
Notes:
Effective date—2018 c 107: "Except for section 15 of this act, this act takes effect July 1, 2019." [ 2018 c 107 s 16.]

catchline: Utilities and transportation commission to establish pilotage tariffs for pilotage services—Extra compensation, consideration of pilot retirement expenses incurred in prior year—Submission of statutory changes—Report.


title: RCW 88.16.061

text:
The pilotage account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the board of pilotage commissioners as prescribed under this chapter and by the utilities and transportation commission for purposes related to pilotage tariff rate setting. The account is subject to allotment procedures under chapter 43.88 RCW. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the pilotage account to the multimodal transportation account.
[ 2025 c 416 s 720; 2018 c 107 s 13; (2018 c 297 s 701 repealed by 2019 c 416 s 1103); 2008 c 128 s 17; 1967 c 15 s 11.]
Notes:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2018 c 297: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2018]." [ 2018 c 297 s 802.]
Effective date—2018 c 107: See note following RCW 88.16.055.
Effective date—2008 c 128 ss 17-20: "Sections 17 through 20 of this act take effect July 1, 2009." [ 2008 c 128 s 21.]

catchline: Pilotage account.