CERTIFICATION OF ENROLLMENT

ENGROSSED SENATE BILL 5330

67TH LEGISLATURE

2021 REGULAR SESSION

ENGROSSED SENATE BILL 5330

BySenators Van De Wege, Salomon, Warnick, and Wilson, C.

AN ACT Relating to commercial whale watching licenses; amending RCW 77.65.615; and declaring an emergency.

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

Sec. 1. RCW 77.65.615 and 2019 c 291 s 2 are each amended to read as follows:

(1) A commercial whale watching business license is required for commercial whale watching ((operators))businesses. The annual fee for a commercial whale watching business license is two hundred dollars in addition to the annual application fee of seventy-five dollars.

(2) The annual fees for a commercial whale watching business license as described in subsection (1) of this section must include fees for each motorized or sailing vessel or vessels as follows:

(a) One to twenty-four passengers, three hundred twenty-five dollars;

(b) Twenty-five to fifty passengers, five hundred twenty-five dollars;

(c) Fifty-one to one hundred passengers, eight hundred twenty-five dollars;

(d) One hundred one to one hundred fifty passengers, one thousand eight hundred twenty-five dollars; and

(e) One hundred fifty-one passengers or greater, two thousand dollars.

(3) ((The annual fees for a commercial whale watching license as described in subsection (1) of this section must include fees for each kayak as follows:

(4))) The holder of a commercial whale watching business license for motorized or sailing vessels required under subsection (2) of this section may substitute the vessel designated on the license, or designate a vessel if none has previously been designated, if the license holder:

(a) Surrenders the previously issued license to the department;

(b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and

(c) Pays to the department a fee of thirty-five dollars and an application fee of one hundred five dollars.

(((5)))(4) Unless the business license holder owns all vessels identified on the application described in subsection (((4)))(3)(b) of this section, the department may not change the vessel designation on the license more than once per calendar year.

(((6)))(5) A commercial whale watching operator license is required for commercial whale watching operators. A person ((who is not the license holder)) may operate a motorized or sailing commercial whale watching vessel designated on ((the))a commercial whale watching business license only if:

(a) The person holds ((an alternate))a commercial whale watching operator license issued by the director; and

(b) The person is designated as an ((alternate)) operator on the underlying commercial whale watching business license.

(((7)))(6) No individual may hold more than one ((alternate))commercial whale watching operator license. An individual who holds an ((alternate)) operator license may be designated as an ((alternate)) operator on an unlimited number of commercial whale watching business licenses.

(((8)))(7) The annual fee for ((an alternate))a commercial whale watching operator license is ((two))one hundred dollars in addition to an annual application fee of seventy-five dollars.

(((9)))(8) A person may conduct commercial whale watching via guided kayak tours only if:

(11) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Commercial whale watching" means the act of taking, or offering to take, passengers aboard a vessel or guided kayak tour in order to view marine mammals in their natural habitat for a fee.

(b) (("Commercial whale watching operators" includes commercial vessels and kayak rentals that are engaged in the business of whale watching.

(c)))"Commercial whale watching business" means a business that engages in the activity of commercial whale watching.

(g) "Commercial whale watching vessel" means any vessel that is being used as a means of transportation for individuals to engage in commercial whale watching.

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