Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-034.

Title of Rule: Chapter 308-93 WAC, General provisions for vessel subject to and exempt from titling.

Purpose: 1. To meeting 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: WAC 308-93-010 Definitions (amended).

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

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 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 businesses 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 April 27, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by April 26, 2000, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831 by April 26, 2000.

Date of Intended Adoption: May 23, 2000.

March 10, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-3869.2

AMENDATORY SECTION(Amending WSR 98-16-029, filed 7/29/98, effective 7/30/98)

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 ((for which such certificate is issued)) and certifying the first conveyance of ((said)) the vessel after its manufacture.

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

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

(5) "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. This term is interchangeable with U.S. Customs Cruising Permit and U.S. Customs Cruising License.

(6) "Decal" means an emblem or tab displayed on a vessel as proof of annual registration.

(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.

(((6))) (8) "Department" means the department of licensing.

(9) "Director" means the director of the department of licensing.

(((7) "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.

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

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

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

(((11))) (13) "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.

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

(((13))) (15) "Indian reservation" means all lands, notwithstanding the issuance of any patent, within the exterior boundaries set aside by the United States for the use and occupancy of Indian tribes by treaty, law or executive order and which are areas currently recognized as "Indian reservations" by the United States Department of the Interior.

(16) "Indian tribe" means an Indian nation, tribe, band, or community recognized as an "Indian tribe" by the United States Department of the Interior.

(17) "Indian" means a person on the tribal rolls of the Indian tribe occupying an Indian reservation.

(18) "Issuing authority" means a state that has a vessel numbering system approved by the Coast Guard ((or the Coast Guard where a number system has not been approved)). (Also see definition for out of country vessel.)

(((14))) (19) "Joint tenancy with right of survivorship" means owners who own a vessel in joint tenancy with the right to own individually if one of them dies.

(20) "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 or the registered owner of a vessel unencumbered by a security interest or the lessor of a vessel unencumbered by a security interest.

(((15))) (21) "Lifeboat" means watercraft used exclusively for lifesaving purposes.

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

(((17))) (23) "Out of country vessel" means a vessel registered or numbered by the laws of ((a)) another country ((other than the United States,)) or has a valid United States Customs Service Cruising License.

(((18))) (24) "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. Bow sprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement)) from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, or other extremities.

(((19))) (25) "Paperless title" means electronic ownership record.

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

(((21))) (27) "Previous ownership document" means the last issued certificate of ownership.

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

(((22))) (29) "Principle use" means ((when a vessel is used, or is to be used, on waters of this state for one hundred eighty-three days or more)) the jurisdiction where the vessel is located the majority of the year.

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

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

(25))) (31) "Registered owner," and "owner," are synonymous terms used interchangeably, meaning a person who has a lawful right to possession of a vessel, whether or not the vessel is subject to a security interest.

(32) "Registration numbers" are numbers configured in accordance with 33 C.F.R. 174.23 and:

(a) Uniquely identify the vessel;

(b) Are assigned by the department when you apply for initial registration or were previously assigned WN numbers by the Coast Guard; and

(c) Are printed on your registration and ownership certificates.

(33) "Release of interest" is a notarized or certified document releasing interest in a vessel or the original certificate of ownership signed by the registered and/or legal owner as listed on the certificate of ownership.

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

(((26))) (35) "Tender" means watercraft that is used to provide direct transportation between that vessel and the shore and for no other purpose used exclusively to furnish transportation from a larger vessel to shore and return.

(((27))) (36) "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.

(((28))) (37) "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.

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

(((30))) (39) "Unsolicited business contact" for purposes of public disclosure means any person or business requesting owner information with the intent of using that information to promote the sale of any goods or services.

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

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

(32))) (41) "Waters of this state" means any waters within the territorial limits of this state.

(42) "Vessel registration number" is a Washington registration number issued to vessels, just as a license plate with unique letter number combinations is issued to vehicles.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      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