AN ACT Relating to the regulation of charter boats; adding a new chapter to Title 91 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purposes of this chapter are as follows:

(1) Regulate charter boats not covered by a valid and current United States coast guard certificate of inspection to carry passengers;

(2) Protect the safety and welfare of persons utilizing charter boats;

(3) Authorize the department of labor and industries to adopt rules regulating the use of charter boats;

(4) Provide for the seizure or condemnation of certain vessels; and

(5) Provide penalties for violations of this chapter.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee or other consideration.

(2) "Charter boat" means a vessel which is rented, leased, or chartered to carry more than six persons or cargo, regardless of whether the consideration is directly or indirectly paid to the owner of the vessel, the owner's agent, the operator of the vessel, or any other person who holds any interest in the vessel.

(3) "Department" means the department of labor and industries.

(4) "Equipment" means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to a vessel; or a marine safety article, accessory, or equipment intended for use by a person onboard a vessel; but does not include radio equipment.

(5) "Navigable waters" means all waters of the state of Washington.

(6) "Operate" means to start any propulsion engine or to physically control the motion, direction, or speed of a vessel.

(7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest in a vessel which entitles that person to possession of the vessel.

(8) "Passenger" means a person carried onboard a charter boat except:

(a) The owner of the vessel or the owner's agent; or

(b) The captain and members of the vessel's crew.

(9) "Operator's license" means a vessel operator's license issued by the United States coast guard for the specified tonnage and route of the vessel.

(10) "Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion.

(11) "Waters of the state" means all waters within the territorial limits of this state and includes those waters on inland lakes and rivers.

NEW SECTION. Sec. 3. A person shall not offer to rent, lease, or charter a charter boat, and a person shall not carry passengers on a vessel for a fee or other consideration on the waters of the state unless the following conditions are satisfied:

(1) The department has inspected the vessel, and has issued a certificate of inspection that is valid and current for the vessel.

(2) The operator of the vessel is licensed as an operator with a certificate issued by the United States coast guard.

(3) The licensed operator of a charter boat shall possess a valid and current license issued in his or her name and shall immediately display the license upon demand of any department officer.

(4) A person shall not operate a charter boat that carries seven or more passengers on state waters either without first obtaining a current vessel inspection certificate from the department and an operator's license from the United States coast guard.

NEW SECTION. Sec. 4. A person shall not advertise or arrange for the carrying of passengers on a charter boat for consideration unless the charter boat has been issued a valid and current certificate of inspection provided for in section 3 of this act.

NEW SECTION. Sec. 5. The department shall adopt rules to establish maximum safety and health standards of passengers and crew onboard charter boats, and it is intended that these rules will be at least as effective as the rules adopted by the United States coast guard; namely, those provided in 46 C.F.R. subchapter T, small passenger vessels under one hundred tons.

NEW SECTION. Sec. 6. Any insurance carrier who issues public liability insurance required by this chapter or a rule adopted under this chapter shall notify the department in writing whenever the insurance is canceled or expires and is not renewed.

NEW SECTION. Sec. 7. The department shall inspect or arrange for the inspection of every charter boat carrying more than six persons for consideration, except those vessels carrying a valid and current certificate of inspection issued by the United States coast guard, once every twelve months while the vessel is at dockside and at least once every twelve months while the charter boat is in drydock to determine if the vessel and its equipment complies with the rules promulgated pursuant to section 5 of this act. In addition, the department may at any time inspect or provide for the inspection of any charter boat if the department has reasonable cause either to believe that a provision of this chapter has been violated or that an inspection is necessary to ensure the safety of life and property.

(1) If, after the inspection provided for in section 3 of this act and payment of the fees prescribed in section 9 of this act, it is found that the charter boat and its equipment complies with this chapter, the department shall issue to the owner of the charter boat a certificate of inspection to be furnished by the department. The certificate shall:

(a) Contain the maximum passenger, crew, and total person capacity of the charter boat;

(b) Be prominently displayed on the charter boat while the charter boat is operated upon waters of the state;

(c) Expire on May 31 of the second year following the year in which the charter boat was dockside inspected, except that the department may extend the expiration date if conditions exist which would prevent the launching or the inspection of the charter boat before the expiration of the certificate of inspection.

(2) The department shall determine the number of crew necessary for the safe operation of a charter boat.

(3) If it is determined by the department that a charter boat or its equipment does not comply with this chapter, or the rules promulgated pursuant to this chapter, or applicable federal law or regulations, a certificate of inspection shall not be issued and any current certificate of inspection may be revoked by the department.

NEW SECTION. Sec. 8. (1) A person shall not operate a charter boat in violation of the terms of the certificate of inspection.

(2) Section 8(1) of this act shall not apply when the charter boat is being utilized by the owner of the charter boat exclusively for the owner's own noncommercial or personal pleasure purposes.

NEW SECTION. Sec. 9. (1) The owner of a charter boat required to be inspected under this chapter shall file an application with the required fee for the charter boat inspection on a form furnished by the department. A person shall not file an application for charter boat inspection that contains false information. A person filing an application shall certify by the person's signature that the information furnished on the application is true and correct.

(2) The owner of a charter boat as provided for under section 2(7) of this act, which has not been drydocked or dockside inspected during the twenty-four month period prior to the effective date of this act, or has never been inspected shall pay to the department an inspection fee for drydock and dockside inspection of three hundred fifty dollars.

(3) After the effective date of this act, the owner will pay the following amounts for charter boat inspections.

(a) Dockside inspection: One hundred twenty-five dollars;

(b) Drydock inspection: One hundred seventy-five dollars.

!ixThese fees apply after the initial inspection fee set forth in section 9(2) of this act.

(4) When the department inspects any charter boat as provided for under this section, at an interval other than required by this chapter, the inspection shall be conducted without an inspection fee. For a twelve-month dockside inspection and a twelve-month drydock inspection required in the same year, the owner shall only pay the fee for the drydock inspection, as provided under subsection (3) of this section.

(5) The charter boat inspection fee shall be forfeited to the department and credited to the .......... safety fund if the owner of the charter boat fails to keep an appointment, which has been mutually agreed upon between the owner or the applicant and the department, for an inspection or reinspection of the charter boat without first notifying the inspecting officer or the department marine safety division at least twenty-four hours prior to the scheduled appointment. Upon the forfeiture of an application fee, the owner of the charter boat must submit a new application and the required fee before the department will conduct an inspection.

NEW SECTION. Sec. 10. (1) A person who has been denied a certificate of inspection may petition the department for an evidentiary hearing.

(2) A person who owns a charter boat may petition the department for an evidentiary hearing regarding the determination of the maximum passenger, crew, or total capacity of the charter boat.

NEW SECTION. Sec. 11. (1) The department may enter into reciprocal agreements with other states concerning the operation and inspection of charter boats from those states that operate on the waters of this state. Reciprocity shall be granted only if a state can establish to the satisfaction of the department that their laws and standards concerning charter boats meet or exceed the laws and rules of this state. A charter boat that operates on the waters of this state under a reciprocal agreement pursuant to this section shall obtain an annual operating permit from the department for a fee of three hundred seventy-five dollars for each year the charter boat does business on the waters of this state. The department shall utilize the fees for annual operating permits issued pursuant to this section to provide funds for the education and enforcement program.

(2) The department shall develop an education and enforcement program designed to eliminate the operation of charter boats that have not been inspected and certified as required by this chapter, and to prepare printed materials to provide the public with information regarding the safety features and requirements necessary for the lawful operation of charter boats.

NEW SECTION. Sec. 12. (1) A person who violates this chapter or a rule adopted under this chapter is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than five thousand dollars, or both.

(2) When a vessel is operated in violation of section 3, 4, or 6 of this act, the vessel may be seized as evidence and upon conviction, the vessel may be condemned and confiscated.

(3) A peace officer may issue an appearance ticket to any person violating any of the provisions of this chapter or a rule adopted under this chapter.

NEW SECTION. Sec. 13. This chapter shall be known and may be cited as the Charter Boat Safety Act.

NEW SECTION. Sec. 14. Sections 1 through 13 of this act shall constitute a new chapter in Title 91 RCW.