Identification and and designation

Storage

or or (ii) (ii) Tow Tow it it to to a a location location designated designated by by the the operator operator or or owner owner of of the the vessel. vessel. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS (5) (5) In In exigent exigent circumstances, circumstances, an an impounding impounding officer officer may may temporarily temporarily attach attach an an impounded impounded vessel vessel to to a a mooring mooring buoy buoy or or anchor anchor the the vessel vessel to to the the bottom bottom for for up up to to twenty-four twenty-four hours, hours, after after which which time time the the impounding impounding officer officer must must move move or or cause cause the the vessel vessel to to be be moved moved to to an an appropriate appropriate facility facility for for storage storage as as outlined outlined in in subsection subsection (4) (4) of of this this section. section. (6) (6) If If the the impounding impounding officer officer secures secures a a vessel vessel by by placing placing it it on on its its trailer, trailer, the the officer, officer, moorage moorage facility facility representative, representative, or or commercial commercial assistance assistance towing towing service service is is authorized authorized to to detach detach the the vessel's vessel's trailer trailer from from the the vehicle vehicle to to which which it it is is attached, attached, attach attach the the trailer trailer to to an an impounding impounding vehicle, vehicle, operate operate the the vessel vessel to to load load it it on on the the trailer, trailer, and and then then tow tow the the vessel vessel on on its its trailer trailer to to the storage facility. facility. (7) (7) All All vessels vessels must must be be handled handled appropriately appropriately and and returned returned in in substantially substantially the the same same condition condition as as they they existed existed before before being being impounded, impounded, unless unless forfeited forfeited pursuant pursuant to to subsection subsection (12) (12) of of this this section. section. Except Except as as provided provided in in subsection subsection (12)(b) (12)(b) of of this this section, section, all all personal personal property property in in the the vessel vessel must must be be kept kept intact intact and and must must be be returned returned to to the the vessel's vessel's owner owner or or agent agent during during the the normal normal business business hours hours of of the the entity entity storing storing the the vessel vessel upon upon request, request, provided provided the the vessel vessel owner, owner, or or the the owner's owner's agent, agent, is is able able to to provide provide sufficient sufficient proof proof of of his his or or her her identity. identity. (8) (8) No No moorage moorage facility facility or or vessel vessel towing towing service service provider provider is is required required to to accept accept an an impounded impounded or or otherwise otherwise secured secured vessel vessel under under this this section section for for towing towing or or storage. storage. An An impounding impounding officer officer intending intending to to secure secure a a vessel vessel by by means means of of storing storing it it at at a a moorage moorage facility facility must must have have the the permission permission of of the the owner owner or or operator operator of of the the moorage moorage facility facility prior prior to to leaving leaving the the vessel vessel at at the the facility. facility. The The impounding impounding officer officer shall shall identify identify an an authorized authorized person person on on the the vessel vessel impound impound authorization authorization and and inventory inventory form form to to represent represent the the vessel vessel impound impound facility. facility. The The officer officer must must provide provide a a copy copy of of the the vessel vessel impound impound authorization authorization and and inventory inventory form form to to the the designated designated person person representing representing the the vessel vessel impound impound facility facility along along with with the the addresses addresses of of the the registered registered and and legal legal owners owners of of the the vessel. vessel. The The moorage moorage facility facility may may require require that that the the impounding impounding officer's officer's agency agency take take responsibility responsibility for for the the foreclosure foreclosure process process set set forth forth in in subsection subsection (12) (12) of of this this section section before before they they consent consent to to accept accept an an impounded impounded vessel. vessel. (9)(a) (9)(a) An An impounding impounding officer officer impounding impounding a a vessel vessel pursuant pursuant to to this this section section shall shall notify notify the the legal legal and and registered registered owner owner or or owners owners of of the the impoundment impoundment of of the the vessel. vessel. The The notification notification must must be be in in writing writing and and sent sent within within one one business business day day after after the the impound impound by by first-class first-class mail, mail, digital digital transmission, transmission, or or facsimile facsimile to to the the last last known known address address of of the the registered registered and and legal legal owner owner or or owners owners of of the the vessel, vessel, as as identified identified by by the the department department of of licensing, licensing, and and must must inform inform the the owner owner or or owners owners of of the the identity identity of of the the person person or or agency agency authorizing authorizing the the impound. impound. The The impounding impounding officer officer may may serve serve the the operator operator with with the the vessel vessel impound impound authorization authorization and and inventory inventory form form at at the the time time of of impound impound if if the the operator operator is is a a legal legal or or registered registered owner owner of of the the vessel. vessel. Personal Personal service service of of the the vessel vessel impound impound authorization authorization and and inventory inventory form form meets meets the the notice notice requirement requirement of of this this subsection subsection with with respect respect to to the the legal legal or or registered registered owner owner personally personally served. served. The The notification notification must must be be provided provided on on a a vessel vessel impound impound authorization authorization and and inventory inventory form form and and include: include: (i) (i) The The name, name, address, address, and and telephone telephone number number of of the the facility facility where where the the vessel vessel is is being being held; held; (ii) (ii) the the right right of of redemption redemption and and opportunity opportunity for for a a hearing hearing to to contest contest the the validity validity of of the the impoundment; impoundment; and and (iii) (iii) the the rate rate that that is is being being charged charged for for the storage of of the the vessel vessel while while impounded. impounded. (b) (b) A A notice notice does does not not need need to to be be sent sent to to the the legal legal or or registered registered owner owner or or owners owners of of an an impounded impounded vessel vessel if if the the vessel vessel has has been been redeemed. redeemed. (c) (c) The The impounded impounded vessel vessel may may not not be be redeemed redeemed by by the the operator operator within within a a twelve-hour twelve-hour period period starting starting at at the the time time of of the the operator's operator's arrest. arrest. The The vessel vessel may may be be redeemed redeemed by by or or released released to to an an owner owner or or an an agent agent of of the the owner owner that that is is not not the the operator operator within within the the twelve-hour twelve-hour period period following following arrest. arrest. (10) (10) A A moorage moorage facility facility that that accepts accepts a a vessel vessel impounded impounded pursuant pursuant to to this this section section for for storage storage may may charge charge the the owner owner of of the the vessel vessel up up to to one one hundred hundred twenty-five twenty-five percent percent of of the the normal normal moorage moorage rates rates of of tenants tenants or or guests guests in in addition addition to to a a fee fee for for securing securing the the impounded impounded vessel. vessel. A A moorage moorage facility facility must must store store the the vessel vessel in in the the least least costly costly boat boat slip slip or or storage storage area area available available that that is is appropriate appropriate for for the the vessel vessel size. size. An An entity entity that that provides provides emergency emergency vessel vessel towing towing services services that that accepts accepts a a vessel vessel impounded impounded pursuant pursuant to to this this section section for for towing towing or or storage, storage, or or both, both, may may charge charge its its normal normal towing towing and and storage storage fees. fees. The The costs costs of of removal removal and and storage storage of of vessels vessels under under this this section section is is a a lien lien upon upon the the vessel vessel until until paid, paid, unless unless the the impoundment impoundment is is determined determined to to be be invalid. invalid. The The registered registered owner owner of of a a vessel vessel impounded impounded pursuant pursuant to to this this 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS section section is is responsible responsible for for paying paying all all fees fees associated associated with with the the towing towing and and storage storage of of the the vessel vessel resulting resulting from from its its impoundment, impoundment, except except as as otherwise otherwise provided provided in in subsection subsection (15) (15) of of this this section. section. (11) (11) Within Within fifteen fifteen days days of of impoundment impoundment of of the the vessel, vessel, or or until until the the vessel vessel is is forfeited forfeited pursuant pursuant to to subsection subsection (12) (12) of of this this section, section, the the legal legal or or registered registered owner owner of of a a vessel vessel impounded impounded and and stored stored pursuant pursuant to to this this section section may may redeem redeem the the vessel vessel by by paying paying all all towing towing and and storage storage fees fees charged charged as as allowed allowed in in subsection subsection (10) (10) of of this this section. section. Within Within fifteen fifteen days days of of impoundment impoundment of of the the vessel, vessel, or or until until the the vessel vessel is is forfeited forfeited pursuant pursuant to to subsection subsection (12) (12) of of this this section, section, any any person person who who shows shows proof proof of of ownership ownership or or written written authorization authorization from from the the impounded impounded vessel's vessel's registered registered or or legal legal owner owner or or the the vessel's vessel's insurer insurer may may view view the the vessel vessel without without charge charge during during the the normal normal business business hours hours of of the the entity entity storing storing the the vessel. vessel. The The moorage moorage facility facility may may request request that that a a representative representative of of the the impounding impounding agency agency be be present present during during redemption. redemption. If If requested, requested, the the impounding impounding agency agency must must provide provide a a representative representative as as requested requested by by the the moorage moorage facility. facility. (12) (12) If If an an impounded impounded vessel vessel stored stored pursuant pursuant to to this this section section is is not not redeemed redeemed by by its its registered registered or or legal legal owner owner pursuant pursuant to to subsection subsection (11) (11) of of this this section section within within fifteen fifteen days days of of its its impoundment, impoundment, the the entity entity storing storing the the vessel, vessel, or or the the agency agency of of the the impounding impounding officer, officer, if if required required by by the the moorage moorage facility facility under under subsection subsection (8) (8) of of this this section, section, may may initiate initiate foreclosure. foreclosure. Forfeiture Forfeiture by by the the vessel vessel owner owner is is complete complete twenty twenty days days after after mailing mailing of of the the notice notice required required by by this this subsection, subsection, unless unless within within that that time time the the owner, owner, or or any any lienholder lienholder or or holder holder of of a a security security interest, interest, pays pays all all fees fees associated associated with with the the towing towing and and storage storage of of the the vessel vessel resulting resulting from from its its impoundment. impoundment. However, However, foreclosure foreclosure may may not not be be completed completed while while a a hearing hearing under under subsection subsection (15) (15) of of this this section section to to contest contest the the validity validity of of the the impoundment impoundment is is pending pending in in district district or or municipal municipal court court or or while while any any appeal appeal of of a a decision decision of of the the district district or or municipal municipal court court on on the the validity validity of of the the impoundment impoundment is is pending. pending. (a) (a) In In order order to to foreclose foreclose on on the the vessel, vessel, the the foreclosing foreclosing entity entity must must mail mail notice notice of of its its intent. intent. Such Such a a notice notice must, must, at at a a minimum, minimum, state: state: (i) (i) The The intent intent of of the the foreclosing foreclosing entity entity to to foreclose foreclose on on the the vessel; vessel; (ii) (ii) that, that, when when the the foreclosure foreclosure process process is is complete, complete, the the owner owner forfeits forfeits all all ownership ownership interest interest in in the the vessel; vessel; (iii) (iii) the the right right of of the the foreclosing foreclosing entity entity to to take take possession possession of of or or dispose dispose of of the the vessel vessel upon upon completion completion of of the the foreclosure foreclosure process; process; and and (iv) (iv) that that the the owner, owner, or or other other interested interested person person or or entity, entity, may may avoid avoid forfeiture forfeiture of of the the vessel vessel by by paying paying all all fees fees associated associated with with the the towing towing and and storage storage of of the the vessel vessel resulting resulting from from its its impoundment impoundment within within twenty twenty days days of of mailing mailing of of the the notice. notice. The The notice notice must must be be mailed mailed to to the the owner owner of of the the vessel vessel at at the the address address on on file file with with the the state state with with which which the the vessel vessel is is registered, registered, or or on on file file with with the the federal federal government, government, if if the the vessel vessel is is registered registered with with the the federal federal government, government, and and any any lienholder lienholder or or secured secured interests interests on on record. record. A A notice notice need need not not be be sent sent to to the the purported purported owner owner or or any any other other person person whose whose interest interest in in the the vessel vessel is is not not recorded recorded with with a a state state or or with with the the federal federal government. government. (b) (b) Upon Upon completion completion of of the the foreclosure foreclosure process, process, the the registered registered and and legal legal owners owners of of the the vessel vessel forfeit forfeit any any and and all all ownership ownership interest interest in in it it and and the the entity entity administering administering the the foreclosure foreclosure process process must must dispose dispose of of it it through through sale. sale. The The proceeds proceeds of of a a sale sale under under this this section section shall shall be be applied applied first first to to payment payment of of the the amount amount of of reasonable reasonable charges charges incurred incurred by by the the entity entity for for towing, towing, storage, storage, and and sale, sale, then then to to the the owner owner or or to to satisfy satisfy any any liens liens of of record record or or security security interests interests of of record record on on the the vessel vessel in in the the order order of of their their priority. priority. If If the the sale sale is is for for a a sum sum less less than than the the applicable applicable charges, charges, the the foreclosing foreclosing entity entity is is entitled entitled to to assert assert a a claim claim for for the the deficiency deficiency against against the the vessel vessel owner. owner. Nothing Nothing in in this this section section prevents prevents any any lienholder lienholder or or secured secured party party from from asserting asserting a a claim claim for for any any deficiency deficiency owed owed the the lienholder lienholder or or secured secured party. party. If If more more than than one one thousand thousand dollars dollars remains remains after after the the satisfaction satisfaction of of amounts amounts owed owed to to the the entity entity and and to to any any owner owner or or bona bona fide fide security security interest, interest, then then the the foreclosing foreclosing entity entity must must remit remit the the moneys moneys to to the the department department of of licensing licensing for for deposit deposit in in the the derelict derelict vessel vessel removal removal account account established established in in RCW RCW 79.100.100 79.100.100. . A A copy copy of of the the forfeited forfeited vessel vessel disposition disposition report report form form identifying identifying the the vessel vessel resulting resulting in in any any surplus surplus shall shall accompany accompany the the remitted remitted funds. funds. Transfer Transfer of of ownership ownership of of the the vessel vessel after after foreclosure foreclosure must must comply comply with with RCW RCW 79.100.150 79.100.150, , when when applicable. applicable. All All personal personal property property in in the the vessel vessel not not claimed claimed prior prior to to foreclosure foreclosure must must be be turned turned over over to to the the law law enforcement enforcement agency agency that that authorized authorized the the impoundment. impoundment. The The personal personal property property must must be be disposed disposed of of pursuant pursuant to to chapter chapter 63.32 63.32 or or 63.40 63.40 RCW, RCW, or or as as otherwise otherwise provided provided by by law. law. Within Within fourteen fourteen days days of of the the completion completion of of the the foreclosure foreclosure process process of of a a vessel vessel pursuant pursuant to to this this subsection, subsection, the the foreclosing foreclosing entity entity shall shall send send a a forfeited forfeited vessel vessel disposition disposition report, report, together together with with a a copy copy of of the the vessel vessel impound impound authorization authorization and and inventory inventory form form and and the the notice notice of of intent intent to to foreclose, foreclose, to to the the department department of of licensing licensing so so that that the the department department 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS may may include include documentation documentation in in the the ownership ownership records records of of the the vessel. vessel. The The vessel vessel disposition disposition information information sent sent to to the the department department of of licensing licensing on on the the forfeited forfeited vessel vessel disposition disposition report report relieves relieves the the previous previous owner owner of of the the vessel vessel from from any any civil civil or or criminal criminal liability liability for for the the operation operation of of the the vessel vessel from from the the date date of of sale sale thereafter, thereafter, and and transfers transfers full full liability liability for for the the vessel vessel to to the the party party to to whom whom the the vessel vessel is is transferred transferred by by the the foreclosing foreclosing entity. entity. (13) (13) Any Any individual individual or or entity entity whose whose assistance assistance has has been been requested requested by by an an impounding impounding officer officer who who in in good good faith faith provides provides trailering, trailering, towing, towing, or or secured secured or or other other type type of of moorage moorage of of a a vessel vessel impounded impounded pursuant pursuant to to this this section section is is not not liable liable for for any any damage damage to to or or theft theft of of the the vessel vessel or or its its contents, contents, or or for for damages damages for for loss loss of of use use of of the the vessel vessel resulting resulting from from any any act act or or omission omission in in providing providing assistance assistance other other than than for for acts acts or or omissions omissions constituting constituting gross gross negligence negligence or or willful willful or or wanton wanton misconduct, misconduct, or or for for any any damages damages arising arising from from any any act act or or omission omission committed committed during during the the foreclosure foreclosure process. process. (14) (14) If If a a law law enforcement enforcement officer officer impounds impounds and and secures secures a a vessel vessel pursuant pursuant to to this this section, section, the the impounding impounding officer officer and and the the government government agency agency employing employing the the officer officer are are not not liable liable for for any any damage damage to to or or theft theft of of the the vessel vessel or or its its contents, contents, or or for for damages damages for for loss loss of of use use of of the the vessel, vessel, or or for for any any damages damages arising arising from from any any act act or or omission omission committed committed during during the the foreclosure foreclosure process. process. (15) (15) Any Any legal legal or or registered registered owner owner seeking seeking to to redeem redeem an an impounded impounded vessel vessel under under this this section section has has a a right right to to a a hearing hearing in in the the district district or or municipal municipal court court for for the the jurisdiction jurisdiction in in which which the the vessel vessel was was impounded impounded to to contest contest the the validity validity of of the the impoundment. impoundment. The The district district court court has has jurisdiction jurisdiction to to determine determine the the issues issues involving involving all all impoundments impoundments including including those those authorized authorized by by the the state state or or its its agents, agents, unless unless the the impoundment impoundment was was authorized authorized by by municipal municipal agents. agents. The The municipal municipal court court has has exclusive exclusive jurisdiction jurisdiction to to determine determine the the issues issues involving involving impoundments impoundments authorized authorized by by agents agents of of the the municipality. municipality. Any Any request request for for a a hearing hearing must must be be made made in in writing writing per per the the instructions instructions provided provided on on the the uniform uniform vessel vessel impound impound authorization authorization and and inventory inventory form form and and must must be be received received by by the the appropriate appropriate court court within within ten ten business business days days of of the the date date that that the the vessel vessel impound impound authorization authorization and and inventory inventory form form was was mailed mailed to to or or served served on on the the registered registered or or legal legal owner owner or or owners owners of of the the impounded impounded vessel. vessel. If If the the hearing hearing request request is is not not received received by by the the court court within within ten ten business business days days of of the the sending sending or or personal personal service service of of the the notice notice of of impoundment impoundment pursuant pursuant to to subsection subsection (9) (9) of of this this section, section, the the right right to to a a hearing hearing is is waived waived and and the the registered registered owner owner is is liable liable for for any any towing, towing, storage, storage, or or other other impoundment impoundment charges charges permitted permitted under under this this chapter. chapter. Upon Upon receipt receipt of of a a timely timely hearing hearing request, request, the the court court shall shall proceed proceed to to hear hear and and determine determine the the validity validity of of the the impoundment. (a) (a) Within Within five five days days after after the the request request for for a a hearing, hearing, the the court court shall shall notify notify the the operator operator of of the the impound impound facility, facility, the the registered registered and and legal legal owners owners of of the the vessel, vessel, and and the the officer officer or or agency agency authorizing authorizing the the impound impound in in writing writing of of the the hearing hearing date date and and time. time. (b) (b) At At the the hearing, hearing, the the petitioner petitioner may may produce produce any any relevant relevant evidence evidence that that is is admissible admissible under under court court rules rules to to show show that that the the impoundment, impoundment, towing, towing, or or storage storage fees fees charged charged were were not not proper. proper. The The court court may may consider consider a a written written report report made made under under oath oath by by the the officer officer who who authorized authorized the the impoundment impoundment in in lieu lieu of of the the officer's officer's personal personal appearance appearance at at the the hearing. hearing. (c) (c) At At the the conclusion conclusion of of the the hearing, hearing, the the court court shall shall determine determine whether whether the the impoundment impoundment was was proper, proper, whether whether the the towing towing or or storage storage fees fees charged charged were were in in compliance compliance with with the the fees fees established established in in subsection subsection (10) (10) of of this this section, section, and and who who is is responsible responsible for for payment payment of of the the fees. fees. The The court court may may not not adjust adjust fees fees or or charges charges that that are are in in compliance compliance with with subsection subsection (10) (10) of of this this section. section. (d) (d) If If the the impoundment impoundment is is found found proper, proper, the the impoundment, impoundment, towing, towing, and and storage storage fees fees as as permitted permitted under under this this chapter chapter together together with with court court costs costs must must be be assessed assessed against against the the petitioner. petitioner. (e) (e) If If the the impoundment impoundment is is determined determined to to be be in in violation violation of of this this section, section, then then the the registered registered and and legal legal owners owners of of the the vessel vessel bear bear no no impoundment, impoundment, towing, towing, or or storage storage fees, fees, any any security security must must be be returned returned or or discharged discharged as as appropriate, appropriate, and and the the agency agency that that authorized authorized the the impoundment impoundment is is liable liable for for any any towing, towing, storage, storage, or or other other impoundment impoundment fees fees permitted permitted under under this this chapter. chapter. The The court court shall shall enter enter judgment judgment in in favor favor of of the the moorage moorage facility facility or or vessel vessel towing towing contractor contractor against against the the agency agency authorizing authorizing the the impound impound for for the the impoundment, impoundment, towing, towing, and and storage storage fees fees incurred. incurred. In In addition, addition, the the court court shall shall enter enter judgment judgment in in favor favor of of the the petitioner petitioner for for the the amount amount of of the the filing filing fee fee required required by by law law for for the the impound impound hearing hearing petition. petition. If If an an impoundment impoundment is is determined determined to to be be in in violation violation of of this this section, section, the the impounding impounding officer officer and and the the government government 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS agency agency employing employing the the officer officer are are not not liable liable for for damage damage to to or or theft theft of of the the vessel vessel or or its its contents, contents, or or damages damages for for loss loss of of use use of of the the vessel, vessel, if if the the impounding impounding officer officer had had reasonable reasonable suspicion suspicion to to believe believe that that the the operator operator of of the the vessel vessel was was operating operating the the vessel vessel while while under under the the influence influence of of intoxicating intoxicating liquor liquor or or any any drug, drug, was was in in physical physical control control of of the the vessel vessel while while under under the the influence influence of of intoxicating intoxicating liquor liquor or or any any drug, drug, or or was was operating operating the the vessel vessel in in a a reckless reckless manner, manner, or or if if the the impounding impounding officer officer otherwise otherwise acted acted reasonably reasonably under under the the circumstances circumstances in in acting acting to to impound impound and and secure secure the the vessel. vessel. (f) (f) If If any any judgment judgment entered entered under under this this subsection subsection is is not not paid paid within within fifteen fifteen days days of of notice notice in in writing writing of of its its entry, entry, the the court court shall shall award award reasonable reasonable attorneys' attorneys' fees fees and and costs costs against against the the defendant defendant in in any any action action to to enforce enforce the the judgment. judgment. Notice Notice of of entry entry of of judgment judgment may may be be made made by by registered registered or or certified certified mail, mail, and and proof proof of of mailing mailing may may be be made made by by affidavit affidavit of of the the party party mailing mailing the the notice. notice. Notice Notice of of the the entry entry of of the the judgment judgment must must read read essentially essentially as as follows: follows: TO: TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . YOU YOU ARE ARE HEREBY HEREBY NOTIFIED NOTIFIED JUDGMENT JUDGMENT was was entered entered against against you you in in the the . . . . . . . . . . . . Court Court located located at at . . . . . . . . . . . . in in the the sum sum of of $. $. . . . . . . . . ., ., in in an an action action entitled entitled . . . . . . . . . . ., ., Case Case No. No. . . . . . . . . . . YOU YOU ARE ARE FURTHER FURTHER NOTIFIED NOTIFIED that that attorneys' attorneys' fees fees and and costs costs will will be be awarded awarded against against you you under under RCW RCW . . . . . . . . if if the the judgment judgment is is not not paid paid within within 15 15 days days of of the the date date of of this this notice. notice. DATED DATED this this . . . . . . . . day day of of . . . . . . . . . . ., ., (year) (year) . . . . . . . . Signature Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Typed Typed name name and and address address of of party party mailing mailing notice (16) (16) By By September September 30, 30, 2017, 2017, the the department department of of licensing licensing in in collaboration collaboration with with the the commission commission shall shall create create the the following following forms forms for for use use in in the the enforcement enforcement of of this this section: section: (a) (a) A A vessel vessel impound impound authorization authorization and and inventory inventory form. form. This This form form must must include include sections sections for for the the impounding impounding officer officer to to record record the the addresses addresses of of the the registered registered and and legal legal owners owners of of the the vessel vessel and and the the designated designated individual individual that that will will act act on on behalf behalf of of the the impound impound facility; facility; and and (b) (b) A A forfeited forfeited vessel vessel disposition disposition report report form. form. (17) (17) The The definitions definitions in in this this subsection subsection apply apply throughout throughout this this section section unless unless the the context context clearly clearly requires requires otherwise. otherwise. (a) (a) "Impound" "Impound" means means to to take take and and hold hold a a vessel vessel in in legal legal custody. custody. (b) (b) "Legal "Legal owner" owner" means means a a person person having having a a perfected perfected security security interest interest or or a a registered registered owner owner of of a a vessel vessel unencumbered unencumbered by by a a security security interest. interest. (c) (c) "Moorage "Moorage facility" facility" includes includes a a private private moorage moorage facility facility as as defined defined in in RCW RCW 88.26.010 88.26.010, , a a moorage moorage facility facility as as defined defined in in RCW RCW 53.08.310 53.08.310, , or or a a moorage moorage facility facility owned owned or or operated operated by by the the agency agency of of the the arresting arresting officer. officer. (d) (d) "Registered "Registered owner" owner" or or "owner" "owner" means means the the person person whose whose lawful lawful right right of of possession possession of of a a vessel vessel has has most most recently recently been been recorded recorded with with the the department department of of licensing. licensing. (e) (e) "Secure "Secure moorage" moorage" is is in-water in-water moorage moorage or or dry dry storage storage at at a a moorage moorage facility facility in in a a location location specifically specifically designated designated for for the the moorage moorage of of vessels vessels and and in in a a location location where where access access is is controlled controlled or or security security is is provided. provided. (f) (f) "Vessel" "Vessel" includes includes any any vessel vessel as as defined defined in in RCW RCW 79A.60.010 79A.60.010 and and includes includes any any associated associated trailer trailer or or towing towing device device used used to to transport transport the the vessel vessel if if it it is is included included in in the the impoundment. impoundment. [ [ 2017 2017 c c 247 247 § § 1. 1.] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS 79A.60.050 Homicide Homicide by by watercraft—Penalty. watercraft—Penalty. (1) (1) When When the the death death of of any any person person ensues ensues within within three three years years as as a a proximate proximate result result of of injury injury proximately proximately caused caused by by the the operating operating of of any any vessel vessel by by any any person, person, the the operator operator is is guilty guilty of of homicide homicide by by watercraft watercraft if if he he or or she she was was operating operating the the vessel: vessel: (a) (a) While While under under the the influence influence of of intoxicating intoxicating liquor liquor or or any any drug, drug, as as defined defined by by RCW RCW 79A.60.040 79A.60.040; (b) (b) In In a a reckless reckless manner; manner; or or (c) (c) With With disregard disregard for for the the safety safety of of others. others. (2) (2) When When the the death death is is caused caused by by a a skier skier towed towed by by a a vessel, vessel, the the operator operator of of the the vessel vessel is is not not guilty guilty of of homicide homicide by by watercraft. watercraft. (3) (3) A A violation violation of of this this section section is is punishable punishable as as a a class class A A felony felony according according to to chapter chapter 9A.20 9A.20 RCW. RCW. [ [ 2000 2000 c c 11 11 § § 94; 94; 1998 1998 c c 219 219 § § 1. 1. Formerly Formerly RCW RCW 88.12.029 88.12.029.].] 79A.60.060 Assault Assault by by watercraft—Penalty. watercraft—Penalty. (1) (1) "Serious "Serious bodily bodily injury" injury" means means bodily bodily injury injury which which involves involves a a substantial substantial risk risk of of death, death, serious serious permanent permanent disfigurement, disfigurement, or or protracted protracted loss loss or or impairment impairment of of the the function function of of any any part part or or organ organ of of the the body. (2) (2) A A person person is is guilty guilty of of assault assault by by watercraft watercraft if if he he or or she she operates operates any any vessel: vessel: (a) (a) In In a a reckless reckless manner, manner, and and this this conduct conduct is is the the proximate proximate cause cause of of serious serious bodily bodily injury injury to to another; another; or or (b) (b) While While under under the the influence influence of of intoxicating intoxicating liquor liquor or or any any drug, drug, as as defined defined by by RCW RCW 79A.60.040 79A.60.040, and and this this conduct conduct is is the the proximate proximate cause cause of of serious serious bodily bodily injury injury to to another. another. (3) (3) When When the the injury injury is is caused caused by by a a skier skier towed towed by by a a vessel, vessel, the the operator operator of of the the vessel vessel is is not not guilty guilty of of assault assault by by watercraft. watercraft. (4) (4) A A violation violation of of this this section section is is punishable punishable as as a a class class B B felony felony according according to to chapter chapter 9A.20 9A.20 RCW. RCW. [ [ 2000 2000 c c 11 11 § § 95; 95; 1998 1998 c c 219 219 § § 2. 2. Formerly Formerly RCW RCW 88.12.032 88.12.032.].] 79A.60.080 Failure Failure to to stop stop for for law law enforcement enforcement officer. officer. Any Any operator operator of of a a vessel vessel who who willfully willfully fails fails to to stop stop when when requested requested or or signaled signaled to to do do so so by by a a person person reasonably reasonably identifiable identifiable as as a a law law enforcement enforcement officer officer is is guilty guilty of of a a gross gross misdemeanor. misdemeanor. [ [ 1990 1990 c c 235 235 § § 1. 1. Formerly Formerly RCW RCW 88.12.035 88.12.035, , 88.12.110 88.12.110, , and and 88.08.070 88.08.070.].] 79A.60.090 Eluding Eluding a a law law enforcement enforcement vessel. vessel. Any Any operator operator of of a a vessel vessel who who willfully willfully fails fails or or refuses refuses to to immediately immediately bring bring the the vessel vessel to to a a stop stop and and who who operates operates the the vessel vessel in in a a manner manner indicating indicating a a wanton wanton or or willful willful disregard disregard for for the the lives lives or or property property of of others others while while attempting attempting to to elude elude a a pursuing pursuing law law enforcement enforcement vessel, vessel, after after being being given given a a visual visual or or 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS audible audible signal signal to to bring bring the the vessel vessel to to a a stop, stop, shall shall be be guilty guilty of of a a class class C C felony felony punishable punishable under under chapter chapter 9A.20 9A.20 RCW. RCW. The The signal signal given given by by the the law law enforcement enforcement officer officer may may be be by by hand, hand, voice, voice, emergency emergency light, light, or or siren. siren. The The officer officer giving giving such such a a signal signal shall shall be be in in uniform uniform and and his his or or her her vessel vessel shall shall be be appropriately appropriately marked marked showing showing it it to to be be an an official official law law enforcement enforcement vessel. vessel. [ [ 1990 1990 c c 235 235 § § 2. 2. Formerly Formerly RCW RCW 88.12.045 88.12.045, , 88.12.120 88.12.120, , and and 88.08.080 88.08.080.].] 79A.60.100 Enforcement—Chapter Enforcement—Chapter to to supplement supplement federal federal law. law. (1) (1) Every Every law law enforcement enforcement officer officer of of this this state state and and its its political political subdivisions subdivisions has has the the authority authority to to enforce enforce this this chapter. chapter. Law Law enforcement enforcement officers officers may may enforce enforce recreational recreational boating boating rules rules adopted adopted by by the the commission. commission. Such Such law law enforcement enforcement officers officers include, include, but but are are not not limited limited to, to, county county sheriffs, sheriffs, officers officers of of other other local local law law enforcement enforcement entities, entities, fish fish and and wildlife wildlife officers, officers, through through the the director, director, the the state state patrol, patrol, and and state state park park rangers. rangers. In In the the exercise exercise of of this this responsibility, responsibility, all all such such officers officers may may stop stop and and board board any any vessel vessel and and direct direct it it to to a a suitable suitable pier pier or or anchorage anchorage to to enforce enforce this this chapter. chapter. (2) (2) This This chapter chapter shall shall be be construed construed to to supplement supplement federal federal laws laws and and regulations. regulations. To To the the extent extent this this chapter chapter is is inconsistent inconsistent with with federal federal laws laws and and regulations, regulations, the the federal federal laws laws and and regulations regulations shall shall control. control. [ [ 2001 2001 c c 253 253 § § 60; 60; 1994 1994 c c 264 264 § § 80; 80; 1993 1993 c c 244 244 § § 9; 9; 1988 1988 c c 36 36 § § 73; 73; 1986 1986 c c 217 217 § § 10. 10. Formerly Formerly RCW RCW 88.12.055 88.12.055, , 88.12.330 88.12.330, , and and 91.14.100 91.14.100.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.110 Equipment Equipment standards—Rules—Penalty. standards—Rules—Penalty. In In addition addition to to the the equipment equipment standards standards prescribed prescribed under under this this chapter, chapter, the the commission commission shall shall adopt adopt rules rules specifying specifying equipment equipment standards standards for for vessels. vessels. Except Except where where the the violation violation is is classified classified as as a a misdemeanor misdemeanor under under this this chapter, chapter, violation violation of of any any equipment equipment standard standard adopted adopted by by the the commission commission is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. [ [ 1993 1993 c c 244 244 § § 10. 10. Formerly Formerly RCW RCW 88.12.065 88.12.065.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.120 Tampering Tampering with with vessel vessel lights lights or or signals—Exhibiting signals—Exhibiting false false lights lights or or signals— signals— 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS Penalty. An An operator operator or or owner owner who who endangers endangers a a vessel, vessel, or or the the persons persons on on board board the the vessel, vessel, by by showing, showing, masking, masking, extinguishing, extinguishing, altering, altering, or or removing removing any any light light or or signal signal or or by by exhibiting exhibiting any any false false light light or or signal, signal, is is guilty guilty of of a a misdemeanor, misdemeanor, punishable punishable as as provided provided in in RCW RCW 9.92.030 9.92.030. [ [ 1993 1993 c c 244 244 § § 11. 11. Formerly Formerly RCW RCW 88.12.075 88.12.075.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.130 Muffler Muffler or or underwater underwater exhaust exhaust system system required—Exemptions—Enforcement— required—Exemptions—Enforcement— Penalty. (1) (1) All All motor-propelled motor-propelled vessels vessels shall shall be be equipped equipped and and maintained maintained with with an an effective effective muffler muffler that that is is in in good good working working order order and and in in constant constant use. use. For For the the purpose purpose of of this this section, section, an an effective effective muffler muffler or or underwater underwater exhaust exhaust system system does does not not produce produce sound sound levels levels in in excess excess of of ninety ninety decibels decibels when when subjected subjected to to a a stationary stationary sound sound level level test test that that shall shall be be prescribed prescribed by by rules rules adopted adopted by by the the commission, commission, as as of of July July 25, 25, 1993, 1993, and and for for engines engines manufactured manufactured on on or or after after January January 1, 1, 1994, 1994, a a noise noise level level of of eighty-eight eighty-eight decibels decibels when when subjected subjected to to a a stationary stationary sound sound level level test test that that shall shall be be prescribed prescribed by by rules rules adopted adopted by by the the commission. (2) (2) A A vessel vessel that that does does not not meet meet the the requirements requirements of of subsection subsection (1) (1) of of this this section section shall shall not not be be operated operated on on the the waters waters of of this this state. state. (3) (3) No No person person may may operate operate a a vessel vessel on on waters waters of of the the state state in in such such a a manner manner as as to to exceed exceed a a noise noise level level of of seventy-five seventy-five decibels decibels measured measured from from any any point point on on the the shoreline shoreline of of the the body body of of water water on on which which the the vessel vessel is is being being operated operated that that shall shall be be specified specified by by rules rules adopted adopted by by the the commission, commission, as as of of July July 25, 25, 1993. 1993. Such Such measurement measurement shall shall not not preclude preclude a a stationary stationary sound sound level level test test that that shall shall be be prescribed prescribed by by rules rules adopted adopted by by the the commission. commission. (4) (4) This This section section does does not not apply apply to: to: (a) (a) A A vessel vessel tuning tuning up, up, testing testing for, for, or or participating participating in in official official trials trials for for speed speed records records or or a a sanctioned sanctioned race race conducted conducted pursuant pursuant to to a a permit permit issued issued by by an an appropriate appropriate governmental governmental agency; agency; or or (b) (b) a a vessel vessel being being operated operated by by a a vessel vessel or or marine marine engine engine manufacturer manufacturer for for the the purpose purpose of of testing testing or or development. development. Nothing Nothing in in this this subsection subsection prevents prevents local local governments governments from from adopting adopting ordinances ordinances to to control control the the frequency, frequency, duration, duration, and and location location of of vessel vessel testing, testing, tune-up, tune-up, and and racing. racing. (5) (5) Any Any officer officer authorized authorized to to enforce enforce this this section section who who has has reason reason to to believe believe that that a a vessel vessel is is not not in in compliance compliance with with the the noise noise levels levels established established in in this this section section may may direct direct the the operator operator of of the the vessel vessel to to submit submit the the vessel vessel to to an an on-site on-site test test to to measure measure noise noise level, level, with with the the officer officer on on board board if if the the officer officer chooses, chooses, and and the the operator operator shall shall comply comply with with such such request. request. If If the the vessel vessel exceeds exceeds the the decibel decibel levels levels established established in in this this section, section, the the officer officer may may direct direct the the operator operator to to take take immediate immediate and and reasonable reasonable measures measures to to correct correct the the violation. violation. (6) (6) Any Any officer officer who who conducts conducts vessel vessel sound sound level level tests tests as as provided provided in in this this section section shall shall be be qualified qualified in in vessel vessel noise noise testing. testing. Qualifications Qualifications shall shall include include but but may may not not be be limited limited to to the the ability ability to to select select the the appropriate appropriate measurement measurement site site and and the the calibration calibration and and use use of of noise noise testing testing equipment. equipment. (7) (7) A A person person shall shall not not remove, remove, alter, alter, or or otherwise otherwise modify modify in in any any way way a a muffler muffler or or muffler muffler system system in in a a manner manner that that will will prevent prevent it it from from being being operated operated in in accordance accordance with with this this chapter. chapter. (8) (8) A A person person shall shall not not manufacture, manufacture, sell, sell, or or offer offer for for sale sale any any vessel vessel that that is is not not equipped equipped with with a a muffler muffler or or muffler muffler system system that that does does not not comply comply with with this this chapter. chapter. This This subsection subsection shall shall not not apply apply to to power power 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS vessels vessels designed, designed, manufactured, manufactured, and and sold sold for for the the sole sole purpose purpose of of competing competing in in racing racing events events and and for for no no other other purpose. purpose. Any Any such such exemption exemption or or exception exception shall shall be be documented documented in in any any and and every every sale sale agreement agreement and and shall shall be be formally formally acknowledged acknowledged by by signature signature on on the the part part of of both both the the buyer buyer and and the the seller. seller. Copies Copies of of the the agreement agreement shall shall be be maintained maintained by by both both parties. parties. A A copy copy shall shall be be kept kept on on board board whenever whenever the the vessel vessel is is operated. (9) (9) Except Except as as provided provided in in RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of this this section section is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. (10) (10) Vessels Vessels that that are are equipped equipped with with an an engine engine modified modified to to increase increase performance performance beyond beyond the the engine engine manufacturer's manufacturer's stock stock configuration configuration shall shall have have an an exhaust exhaust system system that that complies complies with with the the standards standards in in this this section section after after January January 1, 1, 1994. 1994. Until Until that that date, date, operators operators or or owners, owners, or or both, both, of of such such vessels vessels with with engines engines that that are are out out of of compliance compliance shall shall be be issued issued a a warning warning and and be be given given educational educational materials materials about about types types of of muffling muffling systems systems available available to to muffle muffle noise noise from from such such high high performance performance engines. engines. (11) (11) Nothing Nothing in in this this section section preempts preempts a a local local government government from from exercising exercising any any power power that that it it possesses possesses under under the the laws laws or or Constitution Constitution of of the the state state of of Washington Washington to to adopt adopt more more stringent stringent regulations. regulations. [ [ 2000 2000 c c 11 11 § § 97; 97; 1993 1993 c c 244 244 § § 39. 39. Formerly Formerly RCW RCW 88.12.085 88.12.085.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.140 Personal Personal flotation flotation devices—Inspection devices—Inspection and and approval—Rules. approval—Rules. (1) (1) The The commission commission shall shall adopt adopt rules rules providing providing for for its its inspection inspection and and approval approval of of the the personal personal flotation flotation devices devices that that may may be be used used to to satisfy satisfy the the requirements requirements of of this this chapter chapter and and governing governing the the manner manner in in which which such such devices devices shall shall be be used. used. The The commission commission shall shall prescribe prescribe the the different different types types of of devices devices that that are are appropriate appropriate for for the the different different uses, uses, such such as as water water skiing skiing or or operation operation of of a a personal personal watercraft. watercraft. In In adopting adopting its its rules rules the the commission commission shall shall consider consider the the United United States States coast coast guard guard rules rules or or regulations. regulations. The The commission commission may may approve approve devices devices inspected inspected and and approved approved by by the the coast coast guard guard without without conducting conducting any any inspection inspection of of the the devices devices itself. itself. (2) (2) In In situations situations where where personal personal flotation flotation devices devices are are required required under under provisions provisions of of this this chapter, chapter, the the devices devices shall shall be be in in good good and and serviceable serviceable condition condition and and of of appropriate appropriate size. size. If If they they are are not, not, then then they they shall shall not not be be considered considered as as personal personal flotation flotation devices devices under under such such provisions. provisions. [ [ 1993 1993 c c 244 244 § § 12. 12. Formerly Formerly RCW RCW 88.12.095 88.12.095.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.150 Failure Failure of of vessel vessel to to contain contain safety safety equipment—Owner/operator equipment—Owner/operator may may be be cited cited for for applicable applicable infraction infraction or or crime. crime. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS If If a a vessel vessel does does not not contain contain the the safety safety equipment equipment required required under under this this chapter chapter and and the the rules rules of of the the commission, commission, and and the the operator operator is is not not the the owner owner of of the the vessel vessel but but is is operating operating the the vessel vessel with with the the express express or or implied implied permission permission of of the the owner, owner, then then either either the the owner owner or or the the operator, operator, or or both, both, may may be be cited cited for for the the applicable applicable infraction infraction or or charged charged with with the the applicable applicable crime. crime. [ [ 2013 2013 c c 278 278 § § 6; 6; 1993 1993 c c 244 244 § § 13. 13. Formerly Formerly RCW RCW 88.12.105 88.12.105.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.160 Personal Personal flotation flotation devices devices required—Penalty. required—Penalty. (1) (1) No No person person may may operate operate or or permit permit the the operation operation of of a a vessel vessel on on the the waters waters of of the the state state without without a a personal personal flotation flotation device device on on board board for for each each person person on on the the vessel. vessel. Each Each personal personal flotation flotation device device shall shall be be in in serviceable serviceable condition, condition, of of an an appropriate appropriate size, size, and and readily readily accessible. accessible. (2) (2) Except Except as as provided provided in in RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of subsection subsection (1) (1) of of this this section section is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW RCW if if the the vessel vessel is is not not carrying carrying passengers passengers for for hire. hire. (3) (3) A A violation violation of of subsection subsection (1) (1) of of this this section section is is a a misdemeanor misdemeanor punishable punishable under under RCW RCW 9.92.030 9.92.030, , if if the the vessel vessel is is carrying carrying passengers passengers for for hire. hire. (4) (4) No No person person shall shall operate operate a a vessel vessel under under nineteen nineteen feet feet in in length length on on the the waters waters of of this this state state with with a a child child twelve twelve years years old old and and under, under, unless unless the the child child is is wearing wearing a a personal personal flotation flotation device device that that meets meets or or exceeds exceeds the the United United States States coast coast guard guard approval approval standards standards of of the the appropriate appropriate size, size, while while the the vessel vessel is is underway. underway. For For the the purposes purposes of of this this section, section, a a personal personal flotation flotation device device is is not not considered considered readily readily accessible accessible for for children children twelve twelve years years old old and and under under unless unless the the device device is is worn worn by by the the child child while while the the vessel vessel is is underway. underway. The The personal personal flotation flotation device device must must be be worn worn at at all all times times by by a a child child twelve twelve years years old old and and under under whenever whenever the the vessel vessel is is underway underway and and the the child child is is on on an an open open deck deck or or open open cockpit cockpit of of the the vessel. vessel. The The following following circumstances circumstances are are excepted: excepted: (a) (a) While While a a child child is is below below deck deck or or in in the the cabin cabin of of a a boat boat with with an an enclosed enclosed cabin; cabin; (b) (b) While While a a child child is is on on a a United United States States coast coast guard guard inspected inspected passenger-carrying passenger-carrying vessel vessel operating operating on on the the navigable navigable waters waters of of the the United United States; States; or or (c) (c) While While on on board board a a vessel vessel at at a a time time and and place place where where no no person person would would reasonably reasonably expect expect a a danger danger of of drowning drowning to to occur. occur. (5) (5) Except Except as as provided provided in in RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of subsection subsection (4) (4) of of this this section section is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. Enforcement Enforcement of of subsection subsection (4) (4) of of this this section section by by law law enforcement enforcement officers officers may may be be accomplished accomplished as as a a primary primary action, action, and and need need not not be be accompanied accompanied by by the the suspected suspected violation violation of of some some other other offense. offense. [ [ 2000 2000 c c 11 11 § § 98; 98; 1999 1999 c c 310 310 § § 1; 1; 1993 1993 c c 244 244 § § 14; 14; 1933 1933 c c 72 72 § § 5; 5; RRS RRS § § 9851-5. 9851-5. Formerly Formerly RCW RCW 88.12.115 88.12.115 and and 88.12.050 88.12.050.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS 79A.60.170 Water Water skiing skiing safety—Requirements. safety—Requirements. (1) (1) The The purpose purpose of of this this section section is is to to promote promote safety safety in in water water skiing skiing on on the the waters waters of of Washington Washington state, state, provide provide a a means means of of ensuring ensuring safe safe water water skiing skiing and and promote promote the the enjoyment enjoyment of of water water skiing. skiing. (2) (2) No No vessel vessel operator operator may may tow tow or or attempt attempt to to tow tow a a water water skier skier on on any any waters waters of of Washington Washington state state unless unless such such craft craft shall shall be be occupied occupied by by at at least least an an operator operator and and an an observer. observer. The The observer observer shall shall continuously continuously observe observe the the person person or or persons persons being being towed towed and and shall shall display display a a flag flag immediately immediately after after the the towed towed person person or or persons persons fall fall into into the the water, water, and and during during the the time time preparatory preparatory to to skiing skiing while while the the person person or or persons persons are are still still in in the the water. water. Such Such flag flag shall shall be be a a bright bright red red or or brilliant brilliant orange orange color, color, measuring measuring at at least least twelve twelve inches inches square, square, mounted mounted on on a a pole pole not not less less than than twenty-four twenty-four inches inches long long and and displayed displayed as as to to be be visible visible from from every every direction. direction. This This subsection subsection does does not not apply apply to to a a personal personal watercraft, watercraft, the the design design of of which which makes makes no no provision provision for for carrying carrying an an operator operator or or any any other other person person on on board, board, and and that that is is actually actually operated operated by by the the person person or or persons persons being being towed. towed. Every Every remote-operated remote-operated personal personal watercraft watercraft shall shall have have a a flag flag attached attached which which meets meets the the requirements requirements of of this this subsection. subsection. Except Except as as provided provided under under RCW RCW 79A.60.020 79A.60.020, a a violation violation of of this this subsection subsection is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. (3) (3) The The observer observer and and the the operator operator shall shall not not be be the the same same person. person. The The observer observer shall shall be be an an individual individual who who meets meets the the minimum minimum qualifications qualifications for for an an observer observer established established by by rules rules of of the the commission. commission. Except Except as as provided provided under under RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of this this subsection subsection is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. (4) (4) No No person person shall shall engage engage or or attempt attempt to to engage engage in in water water skiing skiing without without wearing wearing a a personal personal flotation flotation device. device. Except Except as as provided provided under under RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of this this subsection subsection is is an an infraction infraction under under chapter chapter 7.84 7.84 RCW. RCW. (5) (5) No No person person shall shall engage engage or or attempt attempt to to engage engage in in water water skiing, skiing, or or operate operate any any vessel vessel to to tow tow a a water water skier, skier, on on the the waters waters of of Washington Washington state state during during the the period period from from one one hour hour after after sunset sunset until until one one hour hour prior prior to to sunrise. sunrise. A A violation violation of of this this subsection subsection is is a a misdemeanor, misdemeanor, punishable punishable as as provided provided under under RCW RCW 9.92.030 9.92.030. (6) (6) No No person person engaged engaged in in water water skiing skiing either either as as operator, operator, observer, observer, or or skier, skier, shall shall conduct conduct himself himself or or herself herself in in a a reckless reckless manner manner that that willfully willfully or or wantonly wantonly endangers, endangers, or or is is likely likely to to endanger, endanger, any any person person or or property. property. A A violation violation of of this this subsection subsection is is a a misdemeanor misdemeanor as as provided provided under under RCW RCW 9.92.030 9.92.030. (7) (7) The The requirements requirements of of subsections subsections (2), (2), (3), (3), (4), (4), and and (5) (5) of of this this section section shall shall not not apply apply to to persons persons engaged engaged in in tournaments, tournaments, competitions, competitions, or or exhibitions exhibitions that that have have been been authorized authorized or or otherwise otherwise permitted permitted by by the the appropriate appropriate agency agency having having jurisdiction jurisdiction and and authority authority to to authorize authorize such such events. events. [ [ 2000 2000 c c 11 11 § § 99; 99; 1993 1993 c c 244 244 § § 15; 15; 1990 1990 c c 231 231 § § 1; 1; 1989 1989 c c 241 241 § § 1. 1. Formerly Formerly RCW RCW 88.12.125 88.12.125, 88.12.080 88.12.080, , and and 88.12.070 88.12.070.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. Effective Effective date date—1990 1990 c c 231: 231: "This "This act act shall shall take take effect effect July July 1, 1, 1990." 1990." [ [ 1990 1990 c c 231 231 § § 4. 4.] Severability Severability—1990 1990 c c 231: 231: "If "If any any provision provision of of this this act act or or its its application application to to any any person person or or circumstance circumstance is is held held invalid, invalid, the the remainder remainder of of the the act act or or the the application application of of the the provision provision to to other other persons persons or or circumstances circumstances is is not not affected." affected." [ [ 1990 1990 c c 231 231 § § 5. 5.] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS 79A.60.180 Loading Loading or or powering powering vessel vessel beyond beyond safe safe operating operating ability—Penalties. ability—Penalties. (1) (1) A A person person shall shall not not load load or or permit permit to to be be loaded loaded a a vessel vessel with with passengers passengers or or cargo cargo beyond beyond its its safe safe carrying carrying ability ability or or carry carry passengers passengers or or cargo cargo in in an an unsafe unsafe manner manner taking taking into into consideration consideration weather weather and and other other existing existing operating operating conditions. conditions. (2) (2) A A person person shall shall not not operate operate or or permit permit to to be be operated operated a a vessel vessel equipped equipped with with a a motor motor or or other other propulsion propulsion machinery machinery of of a a power power beyond beyond the the vessel's vessel's ability ability to to operate operate safely, safely, taking taking into into consideration consideration the the vessel's vessel's type, type, use, use, and and construction, construction, the the weather weather conditions, conditions, and and other other existing existing operating operating conditions. conditions. (3) (3) A A violation violation of of subsection subsection (1) (1) or or (2) (2) of of this this section section is is an an infraction infraction punishable punishable as as provided provided under under chapter chapter 7.84 7.84 RCW RCW except except as as provided provided under under RCW RCW 79A.60.020 79A.60.020 or or where where the the overloading overloading or or overpowering overpowering is is reasonably reasonably advisable advisable to to effect effect a a rescue rescue or or for for some some similar similar emergency emergency purpose. purpose. (4) (4) If If it it appears appears reasonably reasonably certain certain to to any any law law enforcement enforcement officer officer that that a a person person is is operating operating a a vessel vessel clearly clearly loaded loaded or or powered powered beyond beyond its its safe safe operating operating ability ability and and in in the the judgment judgment of of that that officer officer the the operation operation creates creates an an especially especially hazardous hazardous condition, condition, the the officer officer may may direct direct the the operator operator to to take take immediate immediate and and reasonable reasonable steps steps necessary necessary for for the the safety safety of of the the individuals individuals on on board board the the vessel, vessel, including including directing directing the the operator operator to to return return to to shore shore or or a a mooring mooring and and to to remain remain there there until until the the situation situation creating creating the the hazard hazard is is corrected corrected or or ended. ended. Failure Failure to to follow follow the the direction direction of of an an officer officer under under this this subsection subsection is is a a misdemeanor misdemeanor punishable punishable as as provided provided under under RCW RCW 9.92.030 9.92.030. [ [ 2000 2000 c c 11 11 § § 100; 100; 1993 1993 c c 244 244 § § 16. 16. Formerly Formerly RCW RCW 88.12.135 88.12.135.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.190 Operation Operation of of personal personal watercraft—Prohibited watercraft—Prohibited activities—Penalties. activities—Penalties. (1) (1) A A person person shall shall not not operate operate a a personal personal watercraft watercraft unless unless each each person person aboard aboard the the personal personal watercraft watercraft is is wearing wearing a a personal personal flotation flotation device device approved approved by by the the commission. commission. Except Except as as provided provided for for in in RCW RCW 79A.60.020 79A.60.020, , a a violation violation of of this this subsection subsection is is a a civil civil infraction infraction punishable punishable under under RCW RCW 7.84.100 7.84.100. (2) (2) A A person person operating operating a a personal personal watercraft watercraft equipped equipped by by the the manufacturer manufacturer with with a a lanyard-type lanyard-type engine engine cutoff cutoff switch switch shall shall attach attach the the lanyard lanyard to to his his or or her her person, person, clothing, clothing, or or personal personal flotation flotation device device as as appropriate appropriate for for the the specific specific vessel. vessel. It It is is unlawful unlawful for for any any person person to to remove remove or or disable disable a a cutoff cutoff switch switch that that was was installed installed by by the the manufacturer. manufacturer. (3) (3) A A person person shall shall not not operate operate a a personal personal watercraft watercraft during during darkness. darkness. (4) (4) A A person person under under the the age age of of fourteen fourteen shall shall not not operate operate a a personal personal watercraft watercraft on on the the waters waters of of this this state. state. (5) (5) A A person person shall shall not not operate operate a a personal personal watercraft watercraft in in a a reckless reckless manner, manner, including including recklessly recklessly weaving weaving through through congested congested vessel vessel traffic, traffic, recklessly recklessly jumping jumping the the wake wake of of another another vessel vessel unreasonably unreasonably or or unnecessarily unnecessarily close close to to the the vessel vessel or or when when visibility visibility around around the the vessel vessel is is obstructed, obstructed, or or recklessly recklessly swerving swerving at at the the last last possible possible moment moment to to avoid avoid collision. collision. (6) (6) A A person person shall shall not not lease, lease, hire, hire, or or rent rent a a personal personal watercraft watercraft to to a a person person under under the the age age of of sixteen. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS (7) (7) Subsections Subsections (1) (1) through through (6) (6) of of this this section section shall shall not not apply apply to to a a performer performer engaged engaged in in a a professional professional exhibition exhibition or or a a person person participating participating in in a a regatta, regatta, race, race, marine marine parade, parade, tournament, tournament, or or exhibition exhibition authorized authorized or or otherwise otherwise permitted permitted by by the the appropriate appropriate agency agency having having jurisdiction jurisdiction and and authority authority to to authorize authorize such such events. events. (8) (8) Violations Violations of of subsections subsections (2) (2) through through (6) (6) of of this this section section constitute constitute a a misdemeanor misdemeanor under under RCW RCW 9.92.030 9.92.030. [ [ 2000 2000 c c 11 11 § § 101; 101; 1993 1993 c c 244 244 § § 17. 17. Formerly Formerly RCW RCW 88.12.145 88.12.145.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.200 Duty Duty of of operator operator involved involved in in collision, collision, accident, accident, or or other other casualty—Immunity casualty—Immunity from from liability liability of of persons persons rendering rendering assistance—Penalties. assistance—Penalties. (1) (1) The The operator operator of of a a vessel vessel involved involved in in a a collision, collision, accident, accident, or or other other casualty, casualty, to to the the extent extent the the operator operator can can do do so so without without serious serious danger danger to to the the operator's operator's own own vessel vessel or or persons persons aboard, aboard, shall shall render render all all practical practical and and necessary necessary assistance assistance to to persons persons affected affected by by the the collision, collision, accident, accident, or or casualty casualty to to save save them them from from danger danger caused caused by by the the incident. incident. Under Under no no circumstances circumstances may may the the rendering rendering of of assistance assistance or or other other compliance compliance with with this this section section be be evidence evidence of of the the liability liability of of such such operator operator for for the the collision, collision, accident, accident, or or casualty. casualty. The The operator operator shall shall also also give give all all pertinent pertinent accident accident information, information, as as specified specified by by rule rule by by the the commission, commission, to to the the law law enforcement enforcement agency agency having having jurisdiction: jurisdiction: PROVIDED, PROVIDED, That That this this requirement requirement shall shall not not apply apply to to operators operators of of vessels vessels when when they they are are participating participating in in an an organized organized competitive competitive event event authorized authorized or or otherwise otherwise permitted permitted by by the the appropriate appropriate agency agency having having jurisdiction jurisdiction and and authority authority to to authorize authorize such such events. events. These These duties duties are are in in addition addition to to any any duties duties otherwise otherwise imposed imposed by by law. law. Except Except as as provided provided for for in in RCW RCW 79A.60.020 79A.60.020 and and subsection subsection (3) (3) of of this this section, section, a a violation violation of of this this subsection subsection is is a a civil civil infraction infraction punishable punishable under under RCW RCW 7.84.100 7.84.100. (2) (2) Any Any person person who who complies complies with with subsection subsection (1) (1) of of this this section section or or who who gratuitously gratuitously and and in in good good faith faith renders renders assistance assistance at at the the scene scene of of a a vessel vessel collision, collision, accident, accident, or or other other casualty, casualty, without without objection objection of of the the person person assisted, assisted, shall shall not not be be held held liable liable for for any any civil civil damages damages as as a a result result of of the the rendering rendering of of assistance assistance or or for for any any act act or or omission omission in in providing providing or or arranging arranging salvage, salvage, towage, towage, medical medical treatment, treatment, or or other other assistance, assistance, where where the the assisting assisting person person acts acts as as any any reasonably reasonably prudent prudent person person would would have have acted acted under under the the same same or or similar similar circumstances. circumstances. (3) (3) An An operator operator of of a a vessel vessel is is guilty guilty of of a a class class C C felony felony and and is is punishable punishable pursuant pursuant to to RCW RCW 9A.20.021 9A.20.021 if if the the operator: operator: (a) (a) Is Is involved involved in in a a collision collision that that results results in in injury injury to to a a person; person; (b) (b) knew knew or or reasonably reasonably should should have have known known that that a a person person was was injured injured in in the the collision; collision; and and (c) (c) leaves leaves the the scene scene of of the the collision collision without without rendering rendering all all practical practical and and necessary necessary assistance assistance to to the the injured injured person person as as required required pursuant pursuant to to subsection subsection (1) (1) of of this this section, section, under under circumstances circumstances in in which which the the operator operator could could have have rendered rendered assistance assistance without without serious serious danger danger to to the the operator's operator's own own vessel vessel or or persons persons aboard. aboard. This This subsection subsection (3) (3) does does not not apply apply to to vessels vessels involved involved in in commerce, commerce, including including but but not not limited limited to to tugs, tugs, barges, barges, cargo cargo vessels, vessels, commercial commercial passenger passenger vessels, vessels, fishing fishing vessels, vessels, and and processing processing vessels. vessels. [ [ 2000 2000 c c 11 11 § § 102; 102; 1996 1996 c c 36 36 § § 1; 1; 1993 1993 c c 244 244 § § 18; 18; 1984 1984 c c 183 183 § § 1; 1; 1983 1983 2nd 2nd ex.s. ex.s. c c 3 3 § § 48. 48. Formerly Formerly RCW RCW 88.12.155 88.12.155, , 88.12.130 88.12.130, , and and 88.02.080 88.02.080.].] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.210 Casualty Casualty and and accident accident reports—Confidentiality—Use reports—Confidentiality—Use as as evidence. evidence. (1) (1) All All reports reports made made to to the the commission commission pursuant pursuant to to RCW RCW 79A.60.200 79A.60.200 and and 79A.05.310 79A.05.310 shall shall be be without without prejudice prejudice to to the the person person who who makes makes the the report report and and shall shall be be for for the the confidential confidential usage usage of of governmental governmental agencies, agencies, except except as as follows: follows: (a) (a) Statistical Statistical information information which which shall shall be be made made public; public; (b) (b) The The names names and and addresses addresses of of the the operator operator and and owner owner and and the the registration registration number number or or name name of of the the vessel vessel as as documented documented which which was was involved involved in in an an accident accident or or casualty casualty and and the the names names and and addresses addresses of of any any witnesses witnesses which, which, if if reported, reported, shall shall be be disclosed disclosed upon upon written written request request to to any any person person involved involved in in a a reportable reportable accident, accident, or, or, for for a a reportable reportable casualty, casualty, to to any any member member of of a a decedent's decedent's family family or or the the personal personal representatives representatives of of the the family. family. (2) (2) A A report report made made to to the the commission commission pursuant pursuant to to RCW RCW 79A.60.200 79A.60.200 and and 79A.05.310 79A.05.310 or or copy copy thereof thereof shall shall not not be be used used in in any any trial, trial, civil civil or or criminal, criminal, arising arising out out of of an an accident accident or or casualty, casualty, except except that that solely solely to to prove prove a a compliance compliance or or failure failure to to comply comply with with the the report report requirements requirements of of RCW RCW 79A.60.200 79A.60.200 and and 79A.05.310 79A.05.310, , a a certified certified statement statement which which indicates indicates that that a a report report has has or or has has not not been been made made to to the the commission commission shall shall be be provided provided upon upon demand demand to to any any court court or or upon upon written written request request to to any any person person who who has has or or claims claims to to have have made made a a report. report. [ [ 1999 1999 c c 249 249 § § 1502; 1502; 1984 1984 c c 183 183 § § 3. 3. Formerly Formerly RCW RCW 88.12.165 88.12.165, , 88.12.140 88.12.140, , and and 43.51.402 43.51.402.].] NOTES: Severability Severability—1999 1999 c c 249: 249: See See note note following following RCW RCW 79A.05.010 79A.05.010. 79A.60.220 Boating Boating accident accident reports reports by by local local government government agencies—Investigation—Report agencies—Investigation—Report of of coroner. Law Law enforcement enforcement authorities, authorities, fire fire departments, departments, or or search search and and rescue rescue units units of of any any city city or or county county government government shall shall provide provide to to the the commission commission a a report, report, prepared prepared by by the the local local government government agency agency regarding regarding any any boating boating accident accident occurring occurring within within their their jurisdiction jurisdiction resulting resulting in in a a death death or or injury injury requiring requiring hospitalization. hospitalization. Such Such report report shall shall be be provided provided to to the the commission commission within within ten ten days days of of the the occurrence occurrence of of the the accident. accident. The The results results of of any any investigation investigation of of the the accident accident conducted conducted by by the the city city or or county county governmental governmental agency agency shall shall be be included included in in the the report report provided provided to to the the commission. commission. At At the the earliest earliest opportunity, opportunity, but but in in no no case case more more than than forty-eight forty-eight hours hours after after becoming becoming aware aware of of an an accident, accident, the the agency agency shall shall notify notify the the commission commission of of the the accident. accident. The The commission commission shall shall have have authority authority to to investigate investigate any any boating boating accident. accident. The The results results of of any any investigation investigation conducted conducted by by the the commission commission shall shall be be made made available available to to the the local local government government for for further further processing. processing. This This provision provision does does not not eliminate eliminate the the requirement requirement for for a a boating boating accident accident report report by by the the operator operator required required under under RCW RCW 79A.60.200 79A.60.200. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS The The report report of of a a county county coroner, coroner, or or any any public public official official assuming assuming the the functions functions of of a a coroner, coroner, concerning concerning the the death death of of any any person person resulting resulting from from a a boating boating accident, accident, shall shall be be submitted submitted to to the the commission commission within within one one week week of of completion. completion. Information Information in in such such report report may may be, be, together together with with information information in in other other such such reports, reports, incorporated incorporated into into the the state state boating boating accident accident report report provided provided for for in in RCW RCW 79A.05.310 79A.05.310(4), (4), and and shall shall be be for for the the confidential confidential usage usage of of governmental governmental agencies agencies as as provided provided in in RCW RCW 79A.60.210 79A.60.210. [ [ 1999 1999 c c 249 249 § § 1503; 1503; 1987 1987 c c 427 427 § § 1. 1. Formerly Formerly RCW RCW 88.12.175 88.12.175, , 88.12.150 88.12.150, , and and 43.51.403 43.51.403.].] NOTES: Severability Severability—1999 1999 c c 249: 249: See See note note following following RCW RCW 79A.05.010 79A.05.010. Boating Boating accidents accidents and and boating boating safety safety services services—Study Study—Report Report—1987 1987 c c 427: 427: "The "The parks parks and and recreation recreation commission commission shall shall conduct conduct a a study study of of boating boating accidents accidents and and boating boating safety safety services services in in Washington Washington including including a a review review of of how how the the local local option option tax tax for for funding funding of of boating boating safety safety enforcement enforcement is is used. used. Further Further the the parks parks and and recreation recreation commission commission shall shall develop develop recommendations recommendations to to address address identified identified problems problems and and report report these these recommendations recommendations to to the the legislature legislature by by January January 2, 2, 1988." 1988." [ [ 1987 1987 c c 427 427 § § 4. 4.] 79A.60.230 Vessels Vessels adrift—Owner adrift—Owner to to be be notified. notified. Any Any person person taking taking up up any any vessel vessel found found adrift, adrift, and and out out of of the the custody custody of of the the owner, owner, in in waters waters of of this this state, state, shall shall forthwith forthwith notify notify the the owner owner thereof, thereof, if if to to him him or or her her known, known, or or if if upon upon reasonable reasonable inquiry inquiry he he or or she she can can ascertain ascertain the the name name and and residence residence of of the the owner, owner, and and request request such such owner owner to to pay pay all all reasonable reasonable charges, charges, and and take take such such vessel vessel away. away. [ [ 1993 1993 c c 244 244 § § 19; 19; Code Code 1881 1881 § § 3242; 3242; 1854 1854 p p 386 386 § § 1; 1; RRS RRS § § 9891. 9891. Formerly Formerly RCW RCW 88.12.185 88.12.185, 88.12.160 88.12.160, , and and 88.20.010 88.20.010.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.240 Notice—Contents—Service. Such Such notice notice as as is is required required by by RCW RCW 79A.60.230 79A.60.230 shall shall be be given given personally, personally, or or in in writing; writing; if if in in writing, writing, it it shall shall be be served served upon upon the the owner, owner, or or may may be be sent sent by by mail mail to to the the post post office office where where such such owner owner usually usually receives receives his his or or her her letters. letters. Such Such notice notice shall shall inform inform the the party party where where the the vessel vessel was was taken taken up, up, and and where where it it may may be be found, found, and and what what amount amount the the taker-up taker-up or or finder finder demands demands for for his his or or her her charges. charges. [ [ 1999 1999 c c 249 249 § § 1504; 1504; 1993 1993 c c 244 244 § § 20; 20; Code Code 1881 1881 § § 3243; 3243; 1854 1854 p p 386 386 § § 2; 2; RRS RRS § § 9892. 9892. Formerly Formerly RCW RCW 88.12.195 88.12.195, , 88.12.170 88.12.170, , and and 88.20.020 88.20.020.].] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS NOTES: Severability Severability—1999 1999 c c 249: 249: See See note note following following RCW RCW 79A.05.010 79A.05.010. Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.250 Posting Posting of of notice. notice. (1) (1) In In all all cases cases where where the the notice notice required required by by RCW RCW 79A.60.230 79A.60.230 is is not not given given personally, personally, it it shall shall be be the the duty duty of of the the taker-up taker-up to to post post up up at at the the post post office office nearest nearest the the place place where where such such vessel vessel may may be be taken taken up, up, a a written written notice notice of of the the taking taking up up of of such such vessel. vessel. The The written written notice notice shall shall contain contain a a description description of of the the vessel, vessel, with with the the name, name, if if any any is is painted painted thereon, thereon, also also the the place place where where taken taken up, up, the the place place where where the the property property may may be be found, found, and and the the charge charge for for taking taking the the same same up. up. (2) (2) If If the the taker-up taker-up is is traveling traveling upon upon waters waters of of the the state, state, such such notice notice shall shall additionally additionally be be posted posted up up at at the the first first post post office office he he or or she she shall shall pass pass after after the the taking taking up. up. (3) (3) In In all all cases, cases, the the person person who who took took up up the the vessel vessel shall shall at at the the time time when, when, and and place place where, where, he he or or she she posts posts up up such such notice, notice, also also mail mail a a copy copy of of such such notice, notice, directed directed to to the the postmaster postmaster of of each each post post office office on on waters waters of of the the state, state, and and within within fifty fifty miles miles of of the the place place where where such such vessel vessel is is taken taken up. up. [ [ 1999 1999 c c 249 249 § § 1505; 1505; 1993 1993 c c 244 244 § § 21; 21; Code Code 1881 1881 § § 3244; 3244; 1854 1854 p p 386 386 § § 3; 3; RRS RRS § § 9893. 9893. Formerly Formerly RCW RCW 88.12.205 88.12.205, , 88.12.180 88.12.180, , and and 88.20.030 88.20.030.].] NOTES: Severability Severability—1999 1999 c c 249: 249: See See note note following following RCW RCW 79A.05.010 79A.05.010. Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.260 Compensation—Liability Compensation—Liability on on failure failure to to give give notice. notice. Every Every person person taking taking up up any any vessel vessel so so found found adrift, adrift, and and giving giving the the notice notice herein herein required, required, shall shall be be entitled entitled to to receive receive from from the the owner owner claiming claiming the the property, property, a a reasonable reasonable compensation compensation for for his his or or her her time, time, services, services, expenses, expenses, and and risk risk in in taking taking up up said said property, property, and and take take notice notice of of the the same, same, to to be be settled settled by by agreement agreement between between the the parties. parties. In In case case the the person person has has not, not, within within ten ten days days after after the the taking taking up, up, substantially substantially complied complied with with the the provisions provisions of of this this chapter chapter in in giving giving the the notice, notice, the the person person shall shall be be entitled entitled to to no no compensation, compensation, but but he he or or she she shall shall be be liable liable to to all all damages damages the the owner owner may may have have suffered, suffered, and and be be also also liable liable to to the the owner owner for for the the value value of of the the use use of of the the vessel, vessel, from from the the time time of of taking taking it it up up until until the the same same is is delivered delivered to to the the owner. owner. [ [ 1993 1993 c c 244 244 § § 22; 22; Code Code 1881 1881 § § 3245; 3245; 1854 1854 p p 386 386 § § 4; 4; RRS RRS § § 9894. 9894. Formerly Formerly RCW RCW 88.12.215 88.12.215, 88.12.190 88.12.190, , and and 88.20.040 88.20.040.].] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.270 Disputed Disputed claims—Trial—Bond. claims—Trial—Bond. In In case case the the parties parties cannot cannot agree agree on on the the amount amount to to be be paid paid the the taker-up, taker-up, or or the the ownership, ownership, and and the the sum sum claimed claimed is is less less than than one one thousand thousand dollars, dollars, the the owner owner may may file file a a complaint, complaint, setting setting out out the the facts, facts, and and the the judge, judge, on on hearing, hearing, shall shall decide decide the the same same with with a a jury, jury, or or not, not, and and in in the the same same manner manner as as is is provided provided in in ordinary ordinary civil civil actions actions before before a a district district judge. judge. If If the the amount amount claimed claimed by by the the taker-up taker-up is is more more than than one one thousand thousand dollars, dollars, the the owner owner shall shall file file his his or or her her complaint complaint in in the the superior superior court court of of the the county county where where the the property property is, is, and and trial trial shall shall be be had had as as in in other other civil civil actions; actions; but but if if the the taker-up taker-up claims claims more more than than one one thousand thousand dollars, dollars, and and a a less less amount amount is is awarded awarded him him or or her, her, he he or or she she shall shall be be liable liable for for all all the the costs costs in in the the superior superior court; court; and and in in all all cases cases where where the the taker-up taker-up shall shall recover recover a a less less amount amount than than has has been been tendered tendered him him or or her her by by the the owner owner or or claimant, claimant, previous previous to to filing filing his his or or her her complaint, complaint, he he or or she she shall shall pay pay the the costs costs before before the the district district judge judge or or in in the the superior superior court: court: PROVIDED, PROVIDED, That That in in all all cases cases the the owner, owner, after after filing filing his his or or her her complaint complaint before before a a district district judge, judge, shall shall be be entitled entitled to to the the possession possession of of the the vessel, vessel, upon upon giving giving bond, bond, with with security security to to the the satisfaction satisfaction of of the the judge, judge, in in double double the the amount amount claimed claimed by by the the taker-up. taker-up. When When the the complaint complaint is is filed filed in in the the superior superior court, court, the the clerk clerk thereof thereof shall shall approve approve the the security security of of the the bond. bond. The The bond bond shall shall be be conditioned conditioned to to pay pay such such costs costs as as shall shall be be awarded awarded to to the the finder finder or or taker-up taker-up of of such such vessel. [ [ 1993 1993 c c 244 244 § § 23; 23; 1987 1987 c c 202 202 § § 248; 248; Code Code 1881 1881 § § 3246; 3246; 1854 1854 p p 386 386 § § 5; 5; RRS RRS § § 9895. 9895. Formerly Formerly RCW RCW 88.12.218 88.12.218, , 88.12.200 88.12.200, , and and 88.20.050 88.20.050.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. Intent Intent—1987 1987 c c 202: 202: See See note note following following RCW RCW 2.04.190 2.04.190. 79A.60.280 Liability Liability for for excessive excessive or or negligent negligent use. use. In In case case the the taker-up taker-up shall shall use use the the vessel, vessel, more more than than is is necessary necessary to to put put it it into into a a place place of of safety, safety, he he or or she she shall shall be be liable liable to to the the owner owner for for such such use, use, and and for for all all damage; damage; and and in in case case it it shall shall suffer suffer injury injury from from his his or or her her neglect neglect to to take take suitable suitable care care of of it, it, he he or or she she shall shall be be liable liable to to the the owner owner for for all all damage. damage. [ [ 1993 1993 c c 244 244 § § 24; 24; Code Code 1881 1881 § § 3247, 3247, part; part; 1854 1854 p p 387 387 § § 6; 6; RRS RRS § § 9896, 9896, part. part. FORMER FORMER PART PART OF OF SECTION: SECTION: Code Code 1881 1881 § § 3247, 3247, part. part. Now Now codified codified as as RCW RCW 88.20.070 88.20.070. . Formerly Formerly RCW RCW 88.12.222 88.12.222, 88.12.210 88.12.210, , and and 88.20.060 88.20.060.].] NOTES: 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.290 Unclaimed Unclaimed vessel—Procedure. vessel—Procedure. In In case case such such vessel vessel is is of of less less value value than than one one hundred hundred dollars, dollars, and and is is not not claimed claimed within within three three months, months, the the taker-up taker-up may may apply apply to to a a district district judge judge of of the the district district where where the the property property is, is, who, who, upon upon being being satisfied satisfied that that due due notice notice has has been been given, given, and and that that the the owner owner cannot, cannot, with with reasonable reasonable diligence diligence be be found, found, shall shall order order the the vessel vessel to to be be sold, sold, and and after after paying paying the the taker-up taker-up such such sum sum as as he he or or she she shall shall be be entitled entitled to, to, and and the the costs, costs, the the balance balance shall shall be be paid paid the the county county treasurer treasurer as as is is provided provided in in the the case case of of the the sale sale of of estrays. estrays. In In case case the the vessel vessel exceeds exceeds one one hundred hundred dollars, dollars, and and is is not not claimed claimed within within six six months, months, application application shall shall be be made made to to the the superior superior court court of of the the county, county, and and the the same same proceeding proceeding shall shall be be thereupon thereupon had. had. All All sales sales made made under under this this section section shall shall be be conducted conducted as as sales sales of of personal personal property property on on execution. [ [ 1993 1993 c c 244 244 § § 25; 25; 1987 1987 c c 202 202 § § 249; 249; Code Code 1881 1881 § § 3247, 3247, part; part; 1854 1854 p p 387 387 § § 7; 7; RRS RRS § § 9896, 9896, part. part. Formerly Formerly RCW RCW 88.12.225 88.12.225, , 88.12.220 88.12.220, , 88.20.070 88.20.070, , and and 88.20.060 88.20.060, , part.] part.] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. Intent Intent—1987 1987 c c 202: 202: See See note note following following RCW RCW 2.04.190 2.04.190. 79A.60.300 Vessels Vessels secured secured pursuant pursuant to to chapter chapter 79A.65 79A.65 RCW. RCW. The The provisions provisions of of RCW RCW 79A.60.230 79A.60.230 through through 79A.60.290 79A.60.290 do do not not apply apply to to vessels vessels secured secured pursuant pursuant to to chapter chapter 79A.65 79A.65 RCW. RCW. [ [ 2000 2000 c c 11 11 § § 103; 103; 1994 1994 c c 51 51 § § 8. 8. Formerly Formerly RCW RCW 88.12.227 88.12.227.].] 79A.60.400 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Purpose. rivers—Purpose. The The purpose purpose of of RCW RCW 79A.60.440 79A.60.440 through through 79A.60.480 79A.60.480 is is to to further further the the public public interest, interest, welfare, welfare, and and safety safety by by providing providing for for the the protection protection and and promotion promotion of of safety safety in in the the operation operation of of vessels vessels carrying carrying passengers passengers for for hire hire on on the the whitewater whitewater rivers rivers of of this this state. state. [ [ 2000 2000 c c 11 11 § § 104; 104; 1993 1993 c c 244 244 § § 26; 26; 1986 1986 c c 217 217 § § 1. 1. Formerly Formerly RCW RCW 88.12.230 88.12.230 and and 91.14.005 91.14.005.].] NOTES: 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.410 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Whitewater rivers—Whitewater river river outfitter's outfitter's license license required. required. (1) (1) No No person person shall shall act act in in the the capacity capacity of of a a paid paid whitewater whitewater river river outfitter, outfitter, or or advertise advertise in in any any newspaper newspaper or or magazine magazine or or any any other other trade trade publication, publication, or or represent represent himself himself or or herself herself as as a a whitewater whitewater river river outfitter outfitter in in the the state, state, without without first first obtaining obtaining a a whitewater whitewater river river outfitter's outfitter's license license from from the the department department of of licensing licensing in in accordance accordance with with RCW RCW 79A.60.480 79A.60.480. (2) (2) Every Every whitewater whitewater river river outfitter's outfitter's license license must, must, at at all all times, times, be be conspicuously conspicuously placed placed on on the the premises premises set set forth forth in in the the license. license. [ [ 2000 2000 c c 11 11 § § 105; 105; 1997 1997 c c 391 391 § § 2. 2. Formerly Formerly RCW RCW 88.12.232 88.12.232.].] NOTES: Effective Effective date date—1997 1997 c c 391 391 §§ §§ 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 "Sections "Sections 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 of of this this act act take take effect effect January January 1, 1, 1998." 1998." [ [ 1997 1997 c c 391 391 § § 12. 12.] 79A.60.420 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Conduct rivers—Conduct constituting constituting misdemeanor. Except Except as as provided provided in in RCW RCW 79A.60.480 79A.60.480, , the the commission commission of of a a prohibited prohibited act act or or the the omission omission of of a a required required act act under under RCW RCW 79A.60.430 79A.60.430 through through 79A.60.480 79A.60.480 constitutes constitutes a a misdemeanor, misdemeanor, punishable punishable as as provided provided under under RCW RCW 9.92.030 9.92.030. [ [ 2000 2000 c c 11 11 § § 106; 106; 1997 1997 c c 391 391 § § 3; 3; 1993 1993 c c 244 244 § § 27. 27. Formerly Formerly RCW RCW 88.12.235 88.12.235.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.430 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Safety rivers—Safety requirements. requirements. (1) (1) While While carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers rivers in in this this state, state, the the licensed licensed whitewater whitewater river river outfitter outfitter shall shall comply comply with with the the following following requirements requirements at at the the beginning beginning of of every every trip: trip: (a) (a) If If using using inflatable inflatable vessels, vessels, use use only only vessels vessels with with three three or or more more separate separate air air chambers; chambers; 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS (b) (b) Ensure Ensure that that all all passengers passengers are are wearing wearing a a securely securely fastened fastened United United States States coast coast guard- guard- approved approved type type V V personal personal flotation flotation device device of of the the proper proper size, size, and and that that all all guides guides are are wearing wearing a a securely securely fastened fastened United United States States coast coast guard-approved guard-approved type type III III or or type type V V personal personal flotation flotation device; device; (c) (c) Ensure Ensure that that a a spare spare United United States States coast coast guard-approved guard-approved type type III III or or type type V V personal personal flotation flotation device device in in good good repair repair is is accessible accessible to to all all vessels vessels on on each each trip; trip; (d) (d) Ensure Ensure that that each each vessel vessel has has on on it it a a bagged bagged throwable throwable line line with with a a floating floating line line and and bag; bag; (e) (e) Ensure Ensure that that each each vessel vessel has has accessible accessible an an adequate adequate first first aid aid kit; kit; (f) (f) Ensure Ensure that that each each vessel vessel has has a a spare spare propelling propelling device; device; (g) (g) Ensure Ensure that that a a repair repair kit kit and and air air pump pump are are accessible accessible to to inflatable inflatable vessel; vessel; (h) (h) Ensure Ensure that that equipment equipment to to prevent prevent and and treat treat hypothermia hypothermia is is accessible accessible to to all all vessels vessels on on a a trip; trip; and (i) (i) Ensure Ensure that that each each vessel vessel is is operated operated by by a a guide guide who who has has complied complied with with the the requirements requirements of of subsection subsection (2) (2) of of this this section. section. (2) (2) No No person person may may act act as as a a guide guide unless unless the the individual individual is is at at least least eighteen eighteen years years of of age age and and has: has: (a) (a) Successfully Successfully completed completed a a lifesaving lifesaving training training course course meeting meeting standards standards adopted adopted by by the the commission; (b) (b) Completed Completed a a program program of of guide guide training training on on whitewater whitewater rivers, rivers, conducted conducted by by a a guide guide instructor, instructor, which which program program must must run run for for a a minimum minimum of of fifty fifty hours hours on on a a whitewater whitewater river river and and must must include include at at least least the the following following elements: elements: (i) (i) Equipment Equipment preparation preparation and and boat boat rigging; rigging; (ii) (ii) Reading Reading river river characteristics characteristics including including currents, currents, eddies, eddies, rapids, rapids, and and hazards; hazards; (iii) (iii) Methods Methods of of scouting scouting and and running running rapids; rapids; (iv) (iv) River River rescue rescue techniques, techniques, including including emergency emergency procedures procedures and and equipment equipment recovery; recovery; and and (v) (v) Communications Communications with with clients, clients, including including paddling paddling and and safety safety instruction; instruction; and and (c) (c) Completed Completed at at least least one one trip trip on on an an entire entire section section of of whitewater whitewater river river before before carrying carrying passengers passengers for for hire hire in in a a vessel vessel on on any any such such section section of of whitewater whitewater river. river. (3) (3) A A guide guide instructor instructor must must have have traveled traveled at at least least one one thousand thousand five five hundred hundred river river miles, miles, seven seven hundred hundred fifty fifty of of which which must must have have been been while while acting acting as as a a guide. guide. (4) (4) Any Any person person conducting conducting guide guide training training on on whitewater whitewater rivers rivers shall, shall, upon upon request request of of a a guide guide trainee, trainee, issue issue proof proof of of completion completion to to the the guide guide completing completing the the required required training training program. program. [ [ 1997 1997 c c 391 391 § § 4; 4; 1993 1993 c c 244 244 § § 30; 30; 1986 1986 c c 217 217 § § 6. 6. Formerly Formerly RCW RCW 88.12.245 88.12.245, , 88.12.280 88.12.280, , and and 91.14.050 91.14.050.].] NOTES: Effective Effective date date—1997 1997 c c 391 391 §§ §§ 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 See See note note following following RCW RCW 79A.60.410 79A.60.410. Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.440 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Operation rivers—Operation of of vessel— vessel— Exemptions. (1) (1) No No person person may may operate operate any any vessel vessel carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers rivers in in a a manner manner that that interferes interferes with with other other vessels vessels or or with with the the free free and and proper proper navigation navigation of of the the rivers rivers of of this this state. state. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS (2) (2) Every Every operator operator of of a a vessel vessel carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers rivers shall shall at at all all times times operate operate the the vessel vessel in in a a careful careful and and prudent prudent manner manner and and at at such such a a speed speed as as to to not not endanger endanger the the life, life, limb, limb, or or property property of of any any person. person. (3) (3) No No vessel vessel carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers rivers may may be be loaded loaded with with passengers passengers or or cargo cargo beyond beyond its its safe safe carrying carrying capacity capacity taking taking into into consideration consideration the the type type and and construction construction of of the the vessel vessel and and other other existing existing operating operating conditions. conditions. In In the the case case of of inflatable inflatable vessels, vessels, safe safe carrying carrying capacity capacity in in whitewater whitewater shall shall be be considered considered as as less less than than the the United United States States coast coast guard guard capacity capacity rating rating for for each each vessel. vessel. This This subsection subsection shall shall not not apply apply in in cases cases of of an an unexpected unexpected emergency emergency on on the the river. river. (4) (4) Individuals Individuals licensed licensed under under chapter chapter 77.32 77.32 RCW RCW and and acting acting as as fishing fishing guides guides are are exempt exempt from from RCW RCW 79A.60.420 79A.60.420 and and 79A.60.460 79A.60.460 through through 79A.60.480 79A.60.480. [ [ 2000 2000 c c 11 11 § § 107; 107; 1993 1993 c c 244 244 § § 28; 28; 1986 1986 c c 217 217 § § 3. 3. Formerly Formerly RCW RCW 88.12.250 88.12.250 and and 91.14.020 91.14.020.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.450 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Use rivers—Use of of alcohol alcohol prohibited—Vessel prohibited—Vessel to to be be accompanied accompanied by by vessel vessel with with licensed licensed outfitter. outfitter. (1) (1) Whitewater Whitewater river river outfitters outfitters and and guides guides on on any any trip trip carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers rivers of of the the state state shall shall not not allow allow the the use use of of alcohol alcohol during during the the course course of of a a trip trip on on a a whitewater whitewater river river section section in in this this state. state. (2) (2) Any Any vessel vessel carrying carrying passengers passengers for for hire hire on on any any whitewater whitewater river river section section in in this this state state must must be be accompanied accompanied by by at at least least one one other other vessel vessel being being operated operated by by a a licensed licensed whitewater whitewater river river outfitter outfitter or or a a guide guide under under the the direction direction or or control control of of a a licensed licensed whitewater whitewater river river outfitter. outfitter. [ [ 1997 1997 c c 391 391 § § 5; 5; 1993 1993 c c 244 244 § § 31; 31; 1986 1986 c c 217 217 § § 7. 7. Formerly Formerly RCW RCW 88.12.255 88.12.255, , 88.12.290 88.12.290, , and and 91.14.060 91.14.060.].] NOTES: Effective Effective date date—1997 1997 c c 391 391 §§ §§ 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 See See note note following following RCW RCW 79A.60.410 79A.60.410. Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.460 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Rights-of-way. rivers—Rights-of-way. (1) (1) Except Except as as provided provided in in subsection subsection (2) (2) of of this this section, section, vessels vessels on on whitewater whitewater rivers rivers proceeding proceeding downstream downstream have have the the right-of-way right-of-way over over vessels vessels proceeding proceeding upstream. upstream. (2) (2) In In all all cases, cases, vessels vessels not not under under power power proceeding proceeding downstream downstream on on whitewater whitewater rivers rivers have have the the right-of-way right-of-way over over motorized motorized craft craft underway. underway. 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS [ [ 1993 1993 c c 244 244 § § 29; 29; 1986 1986 c c 217 217 § § 4. 4. Formerly Formerly RCW RCW 88.12.260 88.12.260 and and 91.14.030 91.14.030.].] NOTES: Intent Intent—1993 1993 c c 244: 244: See See note note following following RCW RCW 79A.60.010 79A.60.010. 79A.60.470 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Designation rivers—Designation of of whitewater whitewater river river sections. sections. Whitewater Whitewater river river sections sections include include but but are are not not limited limited to: to: (1) (1) Green Green river river above above Flaming Flaming Geyser Geyser state state park; park; (2) (2) Klickitat Klickitat river river above above the the confluence confluence with with Summit Summit creek; creek; (3) (3) Methow Methow river river below below the the town town of of Carlton; Carlton; (4) (4) Sauk Sauk river river above above the the town town of of Darrington; Darrington; (5) (5) Skagit Skagit river river above above Bacon Bacon creek; creek; (6) (6) Suiattle Suiattle river; river; (7) (7) Tieton Tieton river river below below Rimrock Rimrock dam; dam; (8) (8) Skykomish Skykomish river river below below Sunset Sunset Falls Falls and and above above the the Highway Highway 2 2 bridge bridge one one mile mile east east of of the the town town of of Gold Gold Bar; Bar; (9) (9) Wenatchee Wenatchee river river above above the the Wenatchee Wenatchee county county park park at at the the town town of of Monitor; Monitor; (10) (10) White White Salmon Salmon river; river; and and (11) (11) Any Any other other section section of of river river designated designated a a "whitewater "whitewater river river section" section" by by the the commission commission under under RCW RCW 79A.60.495 79A.60.495. [ [ 2000 2000 c c 11 11 § § 108; 108; 1997 1997 c c 391 391 § § 6; 6; 1986 1986 c c 217 217 § § 8. 8. Formerly Formerly RCW RCW 88.12.265 88.12.265, , 88.12.300 88.12.300, , and and 91.14.070 91.14.070.].] 79A.60.480 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Whitewater rivers—Whitewater river river outfitter's outfitter's license—Application—Fees—Insurance—Penalties—State license—Application—Fees—Insurance—Penalties—State immune immune from from civil civil actions actions arising arising from from licensure. licensure. (1) (1) The The department department of of licensing licensing may may issue issue a a whitewater whitewater river river outfitter's outfitter's license license to to an an applicant applicant who who submits submits a a completed completed application, application, pays pays the the required required fee, fee, and and complies complies with with the the requirements requirements of of this this section. (2) (2) An An applicant applicant for for a a whitewater whitewater river river outfitter's outfitter's license license shall shall make make application application upon upon a a form form provided provided by by the the department department of of licensing. licensing. The The form form must must be be submitted submitted annually annually and and include include the the following following information: (a) (a) The The name, name, residence residence address, address, and and residence residence telephone telephone number, number, and and the the business business name, name, address, address, and and telephone telephone number number of of the the applicant; applicant; (b) (b) Certification Certification that that all all employees, employees, subcontractors, subcontractors, or or independent independent contractors contractors hired hired as as guides guides meet meet training training standards standards under under RCW RCW 79A.60.430 79A.60.430 before before carrying carrying any any passengers passengers for for hire; hire; (c) (c) Proof Proof that that the the applicant applicant has has liability liability insurance insurance for for a a minimum minimum of of three three hundred hundred thousand thousand dollars dollars per per claim claim for for occurrences occurrences by by the the applicant applicant and and the the applicant's applicant's employees employees that that result result in in bodily bodily 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS injury injury or or property property damage. damage. All All guides guides must must be be covered covered by by the the applicant's applicant's insurance insurance policy; policy; (d) (d) Certification Certification that that the the applicant applicant will will maintain maintain the the insurance insurance for for a a period period of of not not less less than than one one year year from from the the date date of of issuance issuance of of the the license; license; and and (e) (e) Certification Certification by by the the applicant applicant that that for for a a period period of of not not less less than than twenty-four twenty-four months months immediately immediately preceding preceding the the application application the the applicant: applicant: (i) (i) Has Has not not had had a a license, license, permit, permit, or or certificate certificate to to carry carry passengers passengers for for hire hire on on a a river river revoked revoked by by another another state state or or by by an an agency agency of of the the government government of of the the United United States States due due to to a a conviction conviction for for a a violation violation of of safety safety or or insurance insurance coverage coverage requirements requirements no no more more stringent stringent than than the the requirements requirements of of this this chapter; chapter; and (ii) (ii) Has Has not not been been denied denied the the right right to to apply apply for for a a license, license, permit, permit, or or certificate certificate to to carry carry passengers passengers for for hire hire on on a a river river by by another another state. state. (3) (3) The The department department of of licensing licensing shall shall charge charge a a fee fee for for each each application, application, to to be be set set in in accordance accordance with with RCW RCW 43.24.086 43.24.086. (4) (4) Any Any person person advertising advertising or or representing representing himself himself or or herself herself as as a a whitewater whitewater river river outfitter outfitter who who is is not not currently currently licensed licensed is is guilty guilty of of a a gross gross misdemeanor. misdemeanor. (5) (5) The The department department of of licensing licensing shall shall submit submit annually annually a a list list of of licensed licensed persons persons and and companies companies to to the the *department *department of of community, community, trade, trade, and and economic economic development, development, tourism tourism promotion promotion division. division. (6) (6) If If an an insurance insurance company company cancels cancels or or refuses refuses to to renew renew insurance insurance for for a a licensee, licensee, the the insurance insurance company company shall shall notify notify the the department department of of licensing licensing in in writing writing of of the the termination termination of of coverage coverage and and its its effective effective date date not not less less than than thirty thirty days days before before the the effective effective date date of of termination. termination. (a) (a) Upon Upon receipt receipt of of an an insurance insurance company company termination termination notice, notice, the the department department of of licensing licensing shall shall send send written written notice notice to to the the licensee licensee that that on on the the effective effective date date of of termination termination the the department department of of licensing licensing will will suspend suspend the the license license unless unless proof proof of of insurance insurance as as required required by by this this section section is is filed filed with with the the department department of of licensing licensing before before the the effective effective date date of of the the termination. termination. (b) (b) If If an an insurance insurance company company fails fails to to give give notice notice of of coverage coverage termination, termination, this this failure failure shall shall not not have have the the effect effect of of continuing continuing the the coverage. coverage. (c) (c) The The department department of of licensing licensing may may sanction sanction a a license license under under RCW RCW 18.235.110 18.235.110 if if the the licensee licensee fails fails to to maintain maintain in in full full force force and and effect effect the the insurance insurance required required by by this this section. section. (7) (7) The The state state of of Washington Washington shall shall be be immune immune from from any any civil civil action action arising arising from from the the issuance issuance of of a a license license under under this this section. section. [ [ 2002 2002 c c 86 86 § § 327; 327; 2000 2000 c c 11 11 § § 109; 109; 1997 1997 c c 391 391 § § 7; 7; 1995 1995 c c 399 399 § § 216; 216; 1986 1986 c c 217 217 § § 11. 11. Formerly Formerly RCW RCW 88.12.275 88.12.275, , 88.12.320 88.12.320, , and and 91.14.090 91.14.090.].] NOTES: *Reviser's *Reviser's note: note: The The "department "department of of community, community, trade, trade, and and economic economic development" development" was was renamed renamed the the "department "department of of commerce" commerce" by by 2009 2009 c c 565. 565. Effective Effective dates dates—2002 2002 c c 86: 86: See See note note following following RCW RCW 18.08.340 18.08.340. Part Part headings headings not not law law—Severability Severability—2002 2002 c c 86: 86: See See RCW RCW 18.235.902 18.235.902 and and 18.235.903 18.235.903. Effective Effective date date—1997 1997 c c 391 391 §§ §§ 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 See See note note following following RCW RCW 79A.60.410 79A.60.410. 79A.60.485 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—Rules rivers—Rules to to implement implement 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS RCW RCW 79A.60.480—Fees. 79A.60.480—Fees. The The department department of of licensing licensing may may adopt adopt and and enforce enforce such such rules, rules, including including the the setting setting of of fees, fees, as as may may be be consistent consistent with with and and necessary necessary to to implement implement RCW RCW 79A.60.480 79A.60.480. . The The fees fees must must approximate approximate the the cost cost of of administration. administration. The The fees fees must must be be deposited deposited in in the the business business and and professions professions account account created created in in RCW RCW 43.24.150 43.24.150. [ [ 2011 2011 c c 298 298 § § 35; 35; 2000 2000 c c 11 11 § § 110; 110; 1997 1997 c c 391 391 § § 9. 9. Formerly Formerly RCW RCW 88.12.276 88.12.276.].] NOTES: Purpose Purpose—Intent Intent—Agency Agency transfer transfer—Contracting Contracting—Effective Effective date date—2011 2011 c c 298: 298: See See notes notes following following RCW RCW 19.02.020 19.02.020. 79A.60.490 Vessels Vessels carrying carrying passengers passengers for for hire hire on on whitewater whitewater rivers—License rivers—License sanction sanction for for certain certain convictions. convictions. Within Within five five days days after after conviction conviction for for any any of of the the provisions provisions of of RCW RCW 79A.60.430 79A.60.430 through through 79A.60.480 79A.60.480, , the the court court shall shall forward forward a a copy copy of of the the judgment judgment to to the the department department of of licensing. licensing. After After receiving receiving proof proof of of conviction, conviction, the the department department of of licensing licensing may may sanction sanction the the license license of of any any whitewater whitewater river river outfitter outfitter under under RCW RCW 18.235.110 18.235.110. . Proof Proof of of compliance compliance with with all all licensing licensing requirements requirements and and correction correction of of the the violation violation under under which which the the whitewater whitewater river river outfitter outfitter was was convicted convicted may may be be considered considered by by the the department department as as mitigating mitigating factors factors when when taking taking disciplinary disciplinary action. action. [ [ 2002 2002 c c 86 86 § § 328; 328; 2000 2000 c c 11 11 § § 111; 111; 1997 1997 c c 391 391 § § 8. 8. Formerly Formerly RCW RCW 88.12.278 88.12.278.].] NOTES: Effective Effective dates dates—2002 2002 c c 86: 86: See See note note following following RCW RCW 18.08.340 18.08.340. Part Part headings headings not not law law—Severability Severability—2002 2002 c c 86: 86: See See RCW RCW 18.235.902 18.235.902 and and 18.235.903 18.235.903. Effective Effective date date—1997 1997 c c 391 391 §§ §§ 2, 2, 4, 4, 5, 5, 7, 7, and and 8 8 See See note note following following RCW RCW 79A.60.410 79A.60.410. 79A.60.495 Designation Designation as as whitewater whitewater river—Rules—Schedule river—Rules—Schedule of of fines. fines. The The commission commission shall shall adopt adopt rules rules that that designate designate as as whitewater whitewater rivers rivers all all sections sections of of rivers rivers with with at at least least one one class class III III rapid rapid or or greater, greater, as as described described in in the the American American Whitewater Whitewater Affiliation's Affiliation's whitewater whitewater safety safety code. code. The The commission commission is is authorized authorized to to consider consider the the imposition imposition of of a a schedule schedule of of fines fines for for minor minor violations. [ [ 1997 1997 c c 391 391 § § 10. 10. Formerly Formerly RCW RCW 88.12.279 88.12.279.].] 4/23/2019 Chapter 79A.60 RCW: REGULATION OF RECREATIONAL VESSELS 79A.60.498 Uniform Uniform regulation regulation of of business business and and professions professions act. act. The The uniform uniform regulation regulation of of business business and and professions professions act, act, chapter chapter 18.235 18.235 RCW, RCW, governs governs unlicensed unlicensed practice, practice, the the issuance issuance and and denial denial of of licenses, licenses, and and the the discipline discipline of of licensees licensees under under this this chapter. [ [ 2002 2002 c c 86 86 § § 329. 329.] NOTES: Effective Effective dates dates—2002 2002 c c 86: 86: See See note note following following RCW RCW 18.08.340 18.08.340. Part Part headings headings not not law law—Severability Severability—2002 2002 c c 86: 86: See See RCW RCW 18.235.902 18.235.902 and and 18.235.903 18.235.903. 79A.60.500 Uniform Uniform waterway waterway marking marking system. system. The The parks parks and and recreation recreation commission commission is is hereby hereby directed directed to to develop develop and and adopt adopt rules rules establishing establishing a a uniform uniform waterway waterway marking marking system system for for waters waters of of the the state state not not serviced serviced by by such such a a marking marking system system administered administered by by the the federal federal government. government. Such Such system system shall shall be be designed designed to to provide provide for for standardized standardized waterway waterway marking marking buoys, buoys, floats, floats, and and other other waterway waterway marking marking devices devices which which identify identify or or specify specify waterway waterway