Original Notice.

Preproposal statement of inquiry was filed as WSR 01-14-078.

Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 88.02.070, 88.02.100.

Summary: Amending WAC 308-93-010 Definitions.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.

Name of Proponent: , governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above-mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on business in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on September 26, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by September 25, 2001, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by September 25, 2001.

Date of Intended Adoption: October 18, 2001.

August 17, 2001

Deb McCurley, Administrator

Title and Registration Services

by Katherine Iyall Vasquez

OTS-5064.1

AMENDATORY SECTION(Amending WSR 01-03-128, filed 1/23/01, effective 2/23/01)

WAC 308-93-010   Definitions.   ((Unless the context clearly indicates otherwise,)) The following definitions apply to the rules in this chapter:

(1) "Bare boat" means a vessel rented without a crew.

(2) "Carpenter certificate" means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after its manufacture.

(3) "Certificate of ownership" means the ownership document issued by the department or other ((issuing)) jurisdiction, sometimes referred to as a title.

(4) "Charter vessel" means a vessel rented with a crew.

(5) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.

(6) "Conveyance" means transfer of title of a vessel from one person to another.

(7) "Declaration of value form" means the department of licensing form used to declare the value for purposes of assessing excise tax when a vessel is acquired by lease, trade, gift, is homemade, or the most recent purchase price is not known to declare the value for purposes of assessing excise tax.

(((7))) (8) "Director" means the director of the department of licensing.

(((8))) (9) "Display permit" means the document issued by the department, its agents or subagents, for display on the vessel for which it was issued under the authority of WAC 308-93-055 or 308-93-056.

(((9))) (10) "Docking hull" means vessels that are powered by one or more personal watercrafts and are designed for use with personal watercraft ((and are designed for use with personal watercraft)).

(((10))) (11) "Documented vessel" means a vessel that is documented by the United States Coast Guard and is issued a valid marine certificate.

(((11))) (12) "Exclusively" means solely and without exception.

(((12))) (13) "Foreign vessel" means a vessel registered in accordance with the laws of another state or jurisdiction.

(((13))) (14) "Houseboat" means any vessel as defined in RCW 88.02.010(1). For registration and certificate of ownership purposes, a houseboat does not include any building on a float used in whole or in part for human habitation as a single-family dwelling which is not powered by self propulsion by mechanical means or wind.

(((14))) (15) "Identification documents" means the registration receipt and display permit issued under the authority of WAC 308-93-055 or 308-93-056.

(((15))) (16) "Issuing authority" means the Coast Guard where a number system has not been approved or it is a state or other jurisdiction that has a vessel identification numbering system approved by the Coast Guard ((or by the Coast Guard where a number system has not been approved)). (Also see definition for out of country vessel.)

(((16))) (17) "Legal owner/secured party" means a person or business, or institution having a security interest in a vessel perfected in accordance with RCW 88.02.070.

(((17))) (18) "Lifeboat" means watercraft used exclusively for lifesaving purposes.

(((18))) (19) "Manufacturer's certificate of origin" (MCO) or "Manufacturer's statement of origin" (MSO) means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after manufacture.

(((19))) (20) "Out of country vessel" means a vessel registered or numbered by the laws of another country or has a valid United States Customs Service Cruising License.

(((20))) (21) "Overall length" means a straight-line measurement of the overall distance from the foremost point of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bowsprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement.

(((21))) (22) "Paperless title" means electronic ownership record.

(((22))) (23) "Person" includes every natural person, firm, copartnership, corporation, association or organization.

(((23))) (24) "Personal watercraft" for the purpose of this rule has the same meaning as in RCW 79A.60.010, such as jet ski or wet bike.

(((24))) (25) "Primarily" means the principal purpose for which a vessel is used when considered in conjunction with all of its uses.

(((25))) (26) "Principal use" means when a vessel is used on waters of this state for one hundred eighty-three days or more.

(((26))) (27) "Propulsion machinery" means any device providing motion to a vessel through such means as combustion, steam, or electric machinery.

(((27))) (28) "Release of interest" means the act of signing over any ownership in a vessel. A notarized or certified release of interest is also a document relinquishing interest in a vessel.

(((28))) (29) "Renewal notice" and "special mailer" means the notice to renew a vessel registration mailed by the department to the owner.

(((29))) (30) "Tender" means watercraft used exclusively to furnish transportation from a larger vessel to shore and return.

(((30))) (31) "Time share charters" means leased vessels where none of the parties leasing the vessel under a "time share" option agreement is acquiring an equity in the vessel and there is no option to buy.

(((31))) (32) "United States Customs Service Cruising License" means an annual certificate issued by U.S. Customs Service under 19 C.F.R. Sec. 4.94, which exempts pleasure boats from certain countries from formal entry and clearance procedures, from payment of tonnage tax and clearance fees at all but the first port of entry.

(((32))) (33) "Use of waters" means to navigate, operate, employ, or moor any vessel upon the waters.

(((33))) (34) "Valid marine document" means a document issued by the Coast Guard which declares it to be a United States documented vessel.

(((34))) (35) "Vessel data form" means the form, approved by the department, completed by the applicant describing the vessel.

(((35))) (36) "Waters of this state" means any waters within the territorial limits of this state.

[Statutory Authority: RCW 88.02.070, 88.02.100. 01-03-128, 308-93-010, filed 1/23/01, effective 2/23/01; 00-11-131, 308-93-010, filed 5/23/00, effective 6/23/00; 98-16-029, 308-93-010, filed 7/29/98, effective 7/30/98. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. 96-16-038, 308-93-010, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-010, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.120 and 88.02.100. 90-08-018, 308-93-010, filed 3/28/90, effective 4/28/90; 87-09-073 (Order TL/RG-32), 308-93-010, filed 4/22/87. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), 308-93-010, filed 5/7/86. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), 308-93-010, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-010, filed 11/18/83.]

Washington State Code Reviser's Office