Original Notice.

Preproposal statement of inquiry was filed as WSR 00-07-107.

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, 308-93-030, 308-93-050, 308-93-055, 308-93-056, 308-93-079, 308-93-090, and 308-93-160.

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.

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, 1125 Washington Street S.E., Olympia, WA 98507, on December 28, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by December 27, 2000, 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 December 27, 2000.

Date of Intended Adoption: January 23, 2001.

November 15, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4521.1

AMENDATORY SECTION(Amending WSR 00-11-131, filed 5/23/00, effective 6/23/00)

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, sometimes referred to as a title.

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

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

     (((5))) (6) "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))) (7) "Decal" means an emblem or tab displayed on a vessel as proof of annual registration.

     (((7))) (8) "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.

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

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

     (((10))) (11) "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.

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

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

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

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

     (((13))) (16) "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))) (17) "Identification documents" means the registration receipt and display permit issued under the authority of WAC 308-93-055 or 308-93-056.

     (((15))) (18) "Issuing authority" means a state that has a numbering system approved by the Coast Guard or the Coast Guard where a number system has not been approved.

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

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

     (((18))) (22) "Issuing authority" means a state that has a vessel numbering system approved by the Coast Guard.      (Also see definition for out of country vessel.)

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

     (((20))) (24) "Legal owner/secured party" means a person or business, 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.

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

     (((22))) (26) "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.

     (((23))) (27) "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.

     (((24))) (28) "Overall length" means a straight-line 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.

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

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

     (((27))) (31) "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.

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

     (((28))) (33) "Primarily" means the principal purpose for which a vessel is used.

     (((29) "Principle)) (34) "Principal use" means ((the jurisdiction where the)) when a vessel is ((located the majority of the year)) used on waters of this state for one hundred eighty-three days or more.

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

     (((31))) (36) "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))) (37) "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))) (38) "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)) 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.

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

     (((35))) (40) "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.

     (((36))) (41) "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.

     (((37))) (42) "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.

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

     (((39))) (44) "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))) (45) "Valid marine document" means a document issued by the Coast Guard which declares it to be a United States documented vessel.

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

     (((42))) (47) "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.      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.]

What vessels are subject to excise tax, registration and titling? Unless specifically exempted under chapters 88.02 and 82.49 RCW, all vessels sixteen feet or longer equipped with propulsionary machinery or sails, are subject to excise tax, registration and titling, including the following:

     (1) Amphibious vessels (vehicles);

     (2) Docking hulls;

     (3) Houseboats;

     (((3))) (4) Inflatable vessels with motors;

     (((4))) (5) Personal watercraft (jet ski, wet bike, etc.);

     (((5))) (6) Racing vessels.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      99-21-097, § 308-93-030, filed 10/20/99, effective 11/20/99; 84-19-026 (Order TL-RG 8), § 308-93-030, filed 9/13/84.      Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.      83-23-076 (Order 736-DOL), § 308-93-030, filed 11/18/83.]

What vessels are exempt from registration, titling, and the assessment of excise tax? The following vessels are exempt from registration, titling, and the assessment of excise tax:

     (1) Vessels exempt from registration under RCW 88.02.030((;

     (2) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States)), including but not limited to:

     (a) Commercial fishing vessels;

     (b) Barges;

     (c) Documented charter vessels, including, bare boat and time share charters;

     (((3))) (2) Vessels owned by Indian tribes and tribal members as provided in WAC 308-93-700 through 308-93-770.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      98-16-029, § 308-93-050, 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, § 308-93-050, filed 8/1/96, effective 9/1/96.      Statutory Authority: RCW 88.02.070 and 88.02.100.      93-14-082, § 308-93-050, filed 6/30/93, effective 7/31/93.      Statutory Authority: RCW 88.02.100 and 1991 c 339 § § 30 and 31.      92-03-075, § 308-93-050, filed 1/14/92, effective 2/14/92.      Statutory Authority: RCW 88.02.100 and 88.02.120.      90-08-018, § 308-93-050, filed 3/28/90, effective 4/28/90.      Statutory Authority: 1985 c 258.      85-23-066 (Order TL-RG-19), § 308-93-050, filed 11/19/85.      Statutory Authority: RCW 88.02.070 and 88.02.100.      84-19-026 (Order TL-RG 8), § 308-93-050, filed 9/13/84.      Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.      83-23-076 (Order 736-DOL), § 308-93-050, filed 11/18/83.]

(1) ((Beginning January 1, 1998, the owner of a foreign vessel having been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, whose vessel is remaining in this state for personal use or enjoyment for more than sixty days of use shall:

     (a) Obtain a two month identification document issued by the department, its agents or subagents on or by the sixty-first day. The second identification document shall be purchased on or by the one hundred twenty-first day of use in this state;

     (b) Indicate when the vessel first came into the state;

     (c) Pay a nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable, per identification document;

     (d) Provide proof of nonresidency by showing the vessel owner's out-of-state driver's license or out-of-state photo identification;

     (e) Provide proof of current foreign vessel registration or current United States Coast Guard certificate of documentation;

     (f) Not use more than two identification documents in any continuous twelve-month period. The twelve months begins on the date the vessel first entered this state;

     (g) Keep the identification document placard and temporary registration on the vessel while on the waters of this state;

     (h) Display the identification document placard in a location that is visible at all times from outside the vessel. The placard shall be protected from weathering.

     (2) If the vessel owner is not available, the person applying for the vessel identification document shall have a notarized/certified power of attorney from a registered owner of the vessel and a copy of the vessel owner's out-of-state driver's license or photo identification.)) What documentation must be carried aboard a foreign vessel when being operated upon the waters of this state? The current foreign vessel registration is valid for the first sixty days of operation. In addition the following must apply:

     (a) The foreign vessel must have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, if the vessel is remaining in this state for personal use or enjoyment.

     (b) On or before the sixty-first day of use, the foreign vessel owner must obtain a vessel sixty-day temporary identification document issued by the department, its agents or subagents.    

     (c) A second vessel sixty-day temporary identification document must be purchased on or before the one hundred twenty-first day of use in this state.

     (2) What must I provide to obtain a vessel sixty-day temporary identification document? You must provide the following:

     (a) Proof of nonresidency by showing the vessel owner's out-of-state driver's license or out-of-state photo identification;

     (b) A copy of the current foreign vessel registration or current United States Coast Guard certificate of documentation;

     (c) Date the vessel first came into the state;

     (d) A nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable, per vessel sixty-day temporary identification document.

     (3) How many vessel sixty-day temporary identification documents may be obtained? Not more than two vessel sixty-day temporary identification documents may be obtained in any continuous twelve-month period for any single vessel. The twelve months begins on the date the vessel first entered this state.

     (4) How do I display the vessel sixty-day temporary identification document? The vessel sixty-day temporary identification document must be:

     (a) Kept aboard the vessel at all times when moored and during operation;

     (b) Displayed in the windshield, side window, cockpit or operation area of the vessel, so that it is visible to law enforcement from either the dock or from the water;

     (c) Protected from the weather.

     (5) If the vessel owner is not available, how do I obtain a vessel sixty-day temporary identification document? If the vessel owner is not available, the person applying for the vessel sixty-day temporary identification document must have a:

     (a) Notarized/certified power of attorney from a registered owner of the vessel;

     (b) Copy of the vessel owner's out-of-state driver's license or photo identification; and

     (c) Copy of the foreign vessel registration certificate.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      98-16-029, § 308-93-055, filed 7/29/98, effective 7/30/98.]

(1) ((Beginning March 27, 1998, the owner of an out of country vessel having been issued a valid number or registration by a country other than the United States or a United States Customs Cruising License, whose vessel is remaining in this state for personal use or enjoyment for more than sixty days of use shall:

     (a) Obtain a permanent identification document issued by the department, its agents or subagents on or by the sixty-first day;

     (b) Indicate when the vessel first came into the state;

     (c) Pay a nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable;

     (d) Provide proof the out of country vessel is currently registered or numbered, or a valid United States Customs Cruising License. Such proof may be, but is not limited to, the valid numbers or registration issued by a country other than the United States or a United States Custom Service Cruising License;

     (e) Keep the identification document placard and registration on the vessel while on the waters of this state;

     (f) Display the identification document placard in a location that is visible at all times from outside the vessel. The placard shall be protected from weathering.

     (2) If the vessel owner is not available, person(s) applying for the vessel identification document shall have a notarized/certified power of attorney from a registered owner of the vessel and a copy of the valid numbers or registration issued by a country other than the United States or a United States Custom Service Cruising License.

     (3) The identification document is valid as long as the vessel continues to be registered in a country other than the United States or has a United States Custom Service Cruising License. New owners may apply for a corrected vessel out of country registration listing the new owner's name and address. The new owner shall pay a nonrefundable fee of three dollars plus a filing fee and subagent fee, if applicable.)) What documentation must be carried aboard an out-of-country vessel when being operated upon the waters of this state?

     (a) The current out-of-country vessel registration or a United States Customs Service Cruising License is valid for the first sixty days of operation when the vessel is remaining in this state for personal use or enjoyment.

     (b) The foreign vessel must have been issued a valid number or registration issued by a country other than the United States or a United States Customs Service Cruising License

     (c) On or before the sixty-first day of use, the out-of-country vessel owner must obtain a vessel out-of-country permanent identification document issued by the department, its agents or subagents.

     (2) What must I provide to obtain a vessel out-of-country permanent identification document? You must provide the following:

     (a) Proof of identification as described in WAC 308-56A-275(2);

     (b) A copy of the current foreign vessel registration or current United States Coast Guard certificate of documentation;

     (c) Date the vessel first came into the state;

     (d) A nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable.

     (3) How many vessel out-of-country permanent identification documents may be obtained? One, the vessel out-of-country permanent identification document is valid as long as the vessel continues to be registered in a country other than the United States or has a United States Customs Service Cruising License. New owners may apply for a corrected vessel out-of-country permanent identification document listing the new owner's name and address. The new owner shall pay a nonrefundable fee of three dollars plus a filing fee and subagent fee, if applicable.

     (4) How do I display the vessel out-of-country permanent identification document? The vessel out-of-country permanent identification document must be:

     (a) Kept aboard the vessel at all times when moored and during operation;

     (b) Displayed in the windshield, side window, cockpit or operation area of the vessel, so that it is visible to law enforcement from either the dock or from the water;

     (c) Protected from the weather.

     (5) If the vessel owner is not available, how do I obtain a vessel out-of-country permanent identification document? If the vessel owner is not available, the person applying for the vessel out-of-country permanent identification document must have a:

     (a) Notarized/certified power of attorney from a registered owner of the vessel;

     (b) Copy of the valid registration numbers issued by a country other than the United States or a United States Customs Service Cruising License.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      98-16-029, § 308-93-056, filed 7/29/98, effective 7/30/98.]

(1) If a government agency chooses to display registration numbers and current vessel decals in addition to being clearly identifiable as a government vessel, what fees are required? Government agencies are required to pay filing and registration fees but are not subject to excise tax.      ((Excise tax is not required.))

     (2) If the department issues a Washington registration number and current decals, is the government agency required to display them? Yes, if a registration number and decals are issued, they must be displayed as prescribed in WAC 308-93-140.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      00-01-027, § 308-93-079, filed 12/6/99, effective 1/6/00.      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), § 308-93-079, filed 5/7/86.]

(1) ((How does the department differentiate)) What is the difference between ((rented)) leased and ((leased)) rented vessels? For the purposes of this section a vessel is considered leased if the lease agreement is for a period of one year or more or there is an option to purchase.      A vessel is considered rented if the rental agreement is for a period of less than one year and there is no option to purchase in the rental agreement.

     (2) When must ((rented or leased)) leased or rented vessels, used on Washington waters, be titled and registered or required to obtain an identification document? A ((rented or leased)) leased or rented vessel, used on Washington waters, must be titled and registered or have an identification document under the following circumstances.      If the vessel is:

     (a) Registered out-of-country and ((rented or leased)) leased or rented, and used upon Washington waters, the owner of the vessel must purchase a permanent identification document from the department, issued to the vessel, on or before the sixty-first day of use as provided in RCW 88.02.030(3).      If the vessel owner is not available, the person(s) applying for the identification document shall have notarized/certified power of attorney from a registered owner of the vessel authorizing him/her to purchase the permanent identification document and a copy of the valid registration issued by a country other than the United States or a United States Customs Service Cruising License.

     (b) Registered in a foreign jurisdiction and ((rented or leased)) leased or rented by a nonresident individual, and used upon Washington waters, the owner ((shall)) must purchase a Vessel ((60)) Sixty Day Temporary Identification Document on or before the sixty-first day of use as provided in RCW 88.02.030(11).      Not more than two identification documents ((shall)) may be purchased in any twelve continuous months.      If the vessel owner is not available, the person(s) applying for the identification document ((shall)) must have notarized/certified power of attorney from a registered owner of the vessel authorizing him/her to purchase the identification document.      If the vessel is used upon Washington waters for more than one hundred and eighty days, it ((shall)) must be titled and registered in this state or removed from the waters of this state.

     (c) Registered in a foreign jurisdiction and ((rented or leased)) leased or rented by a Washington resident, and used upon Washington waters, the following apply:

     (i) If the vessel is leased for one year or more or there is an option to buy on either the rental or lease agreement, the Washington resident must register the vessel in his or her name on or before the sixty-first day of use upon Washington waters.

     (ii) If the vessel is rented for less than one year, it must be registered in the name of the owner, (not the operator) on or before the sixty-first day of use upon Washington waters.      Any ((secure)) secured party is shown as the legal owner on the certificate of ownership.

     (3) Whose name must be shown on the application for certificate of ownership and registration when the vessel is rented? Rented vessels are titled and registered in the name of the owner, not the operator.      Any secured party is shown as legal owner on the certificate of ownership.

     (4) What documents must a Washington resident carry with them when they ((rent or lease)) lease or rent a Washington registered vessel and operate the vessel on Washington waters?

     (a) When the vessel is less than twenty-six feet in length and ((rented or leased)) leased or rented for less than seven days, the following documents ((are required to)) must be carried on the vessel:

     (i) A copy of the lease or rental agreement signed by the owner or his authorized representative and by the person leasing or renting the vessel which ((shall)) must contain ((at least)) the vessel registration number, the period of time for which the vessel is leased or rented and the hull identification number; and

     (ii) A copy of the current registration certificate.

     (b) When the vessel is less than twenty-six feet in length and ((rented or leased)) leased or rented for seven days or more, the following documents ((are required to)) must be carried on the vessel:

     (i) A copy of the lease or rental agreement signed by the owner or his authorized representative and by the person leasing or renting the vessel which ((shall)) must contain ((at least)) the vessel registration number, the period of time for which the vessel is leased or rented and the hull identification number; and

     (ii) The original current registration certificate.

     (c) When the vessel is twenty-six feet or more and is ((rented or leased)) leased or rented, the following documents are required to be carried on the vessel:

     (i) A copy of the lease or rental agreement signed by the owner or his authorized representative and by the person leasing or renting the vessel which shall contain at least the vessel registration number, the period of time for which the vessel is leased or rented and the hull identification number; and

     (ii) The original current registration certificate.

     (5) ((Do I)) Does a vessel owner need to surrender ((my)) an out-of-state certificate of ownership to the department when ((I)) they register ((my)) a leased vessel in Washington? Depending on the following situations:

     (a) If there is a secured party on the out-of-state certificate of ownership and ((shows)) lessee and lessor designations are shown as required by Washington state law or rule, the certificate of ownership need not be surrendered. Only a certificate of registration will be issued((, however,)); a Washington certificate of ownership will not.

     (b) If the out-of-state certificate of ownership does not show a secured party or is not in name agreement or does not show lessee and lessor designations as required by Washington law or rule, the out-of-state certificate of ownership shall be surrendered and a Washington certificate of ownership will be issued to the lessor/legal owner.

[Statutory Authority: RCW 88.02.070 and 88.02.100.      00-01-027, § 308-93-090, filed 12/6/99, effective 1/6/00; 84-19-026 (Order TL-RG 8), § 308-93-090, filed 9/13/84.      Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.      83-23-076 (Order 736-DOL), § 308-93-090, filed 11/18/83.]

(1) What definitions does the department apply to this section? For purposes of this rule, the following words and terms have the following meanings:

     (a) "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.

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

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

     (2) What Indian reservations in Washington are recognized by the United States Department of the Interior? The following are the only Washington "Indian reservations" currently recognized as such by the United States Department of the Interior: Chehalis Confederated tribes, Colville Confederated tribes, Hoh, Jamestown S'Klallam, Kalispel, Lower Elwha Klallam, Lummi, Makah, Muckleshoot, Nisqually, Nooksack, Port Gambles S'Klallam, Puyallup, Quileute, Quinault, Samish, Sauk-Suiattle, Shoalwater Bay, Skokomish, Spokane, Squaxin, Stillaguamish, Suquamish, Swinomish, Tulalip, Upper Skagit and Yakama.

     (3) How does an Indian qualify for a vessel excise tax exemption? To qualify for a vessel excise tax exemption, an Indian ((shall)) must:

     (a) Be enrolled as a tribal member of a recognized Washington tribe;

     (b) Have their principal residence within the boundaries of the Indian reservation of the tribe of which they are a member; and

     (c) Be a registered owner of the vessel for which the exemption is requested; or

     (d) Be the owner of a vessel used in the exercise of treaty fishing rights as defined in the Consent Decree, dated November 28, 1994, entered in United States v. Washington, Civ. No. 9213 - Phase I - Sub. 88-1 and signed by the United States, the signatory tribes and the state of Washington.

     (4) Are vessels owned by or leased to a governing body of an Indian tribe subject to vessel excise tax? No.      Vessels owned by or leased to a governing body of an Indian tribe are not subject to vessel excise tax.      Tribal treaty fishing vessels are exempt from excise tax and registration as described in WAC 308-93-700 through 308-93-770.

     (5) What documentation does the department require from a tribal member to qualify for a vessel excise tax exemption?

     (a) The department requires a properly completed affidavit of exemption on a form supplied or approved by the department. An affidavit for each vessel must be submitted at the time the exemption is established and at the time of renewal if there is a change of address.      The department may require such other proof of qualification for exemption as it deems necessary.

     (b) If the vessel is used in the exercise of treaty fishing rights, as defined in the Consent Decree dated November 28, 1994, entered in United States v. Washington, Civ. No. 9213 – Phase I – Sub. 88-1 and signed by the United States, the signatory tribes and the state of Washington, the registered owner must provide proof that the vessel is registered under the provisions of WAC 308-93-700 through 308-93-770.

     (6) What information must be contained within the affidavit of exemption described in subsection (5)(a) of this section? At the minimum, the affidavit of exemption must include the following:

     (a) Description of the vessel including the year and make and either the Washington registration number or the hull identification number;

     (b) The registered owner's name, tribe, reservation and enrollment or Bureau of Indian Affairs number;

     (c) The principal address of the registered owner as will be shown on the vessel registration certificate;

     (d) Signature of the registered owner;

     (e) A certification of an authorized tribal authority representing the Indian reservation of the tribe of which the registered owner is a member. The position or title of the tribal authority, their telephone number and their signature must appear on the certification.      The certification must include a statement that the registered owner is an enrolled tribal member and that the address provided by the registered owner is within the boundaries of their reservation((;

     (f) The position or title of the tribal authority, their telephone number and their signature)).

[Statutory Authority: RCW 88.02.070 and 88.02.100.      00-01-027, § 308-93-160, filed 12/6/99, effective 1/6/00; 84-13-086 (Order TL-RG-2), § 308-93-160, filed 6/21/84.      Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46.      83-23-076 (Order 736-DOL), § 308-93-160, filed 11/18/83.]

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