SENATE BILL REPORT

EHB 1080

BYRepresentatives Kremen, Braddock, May, Spanel and Zellinsky

Broadening vessel registration exemptions.

House Committe on Transportation

Senate Committee on Transportation

Senate Hearing Date(s):March 30, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; Bender, Benitz, McMullen, Madsen, Murray, Thorsness.

Senate Staff:Brad Lovaas (786-7307)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON TRANSPORTATION, MARCH 30, 1989

BACKGROUND:

Under the current state boat registration program, a vessel that is owned by a resident of a foreign country is exempt from Washington's boat registration program as long as the vessel is not located on Washington's waters for more than 60 days.

Many Canadian boats with valid foreign registrations or a U.S. Customs Service cruising license are moored at Point Roberts, Blaine and Bellingham. In an unfortunate incident this summer, several Canadian boats were cited for not complying with the Washington numbering system.

This incident has raised several legal questions with regard to when and if maritime law supersedes state law:

1.  U.S. Customs law prohibits the placing of any marking on a foreign vessel that would indicate the boat is a U.S.-owned vessel.  Requiring a foreign vessel to display a state's boat registration numbers may be in direct violation of customs law.  There is also an international agreement that requires vessels to be registered only in one jurisdiction.

2.  U.S. Customs also allows foreign pleasure boats to purchase a Customs cruising license which permits the vessel to move freely in and out of the United States for one year without having to conform with Customs law.  It is doubtful that the state can burden this permission by requiring full registration.  (The permit is $26, valid for one year and may be renewed annually.  Proof of registration is required prior to issuance of the license.)

3.  Maritime registration laws apply to the nationality of the vessel, not the citizenship of the owner.  The current state foreign exemption statute addresses the citizenship of the owner and not the nationality of the vessel.

SUMMARY:

A vessel registered or numbered in a foreign country, or having a U.S. Customs cruising license is exempt from Washington's boat registration program.  If the vessel does not have a foreign registry or license, it must comply with Washington's boat registration program.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Language is added stating that a vessel located on the waters of this state exclusively for reconstruction, repairs, or testing which is part of the repair work, and which is owned by a resident of another state is exempt from registration.

Senate Committee - Testified: No one