Date of Adoption: October 18, 2001.
Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.
Citation of Existing Rules Affected by this Order: Amending WAC 308-93-010.
Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.
Adopted under notice filed as WSR 01-17-087 on August 17, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
October 18, 2001
AMENDATORY SECTION(Amending WSR 01-03-128, filed 1/23/01, effective 2/23/01)
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 or other ((
sometimes referred to as a title.
(4) "Charter vessel" means a vessel rented with a crew.
(5) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.
(6) "Conveyance" means transfer of title of a vessel from one person to another.
(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)).
(7))) (8) "Director" means the director of the department
(8))) (9) "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.
(9))) (10) "Docking hull" means vessels that are powered
by one or more personal watercrafts and are designed for use with
personal watercraft (( and are designed for use with personal
(10))) (11) "Documented vessel" means a vessel that is
documented by the United States Coast Guard and is issued a valid
(11))) (12) "Exclusively" means solely and without
(12))) (13) "Foreign vessel" means a vessel registered in
accordance with the laws of another state or jurisdiction.
(13))) (14) "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))) (15) "Identification documents" means the
registration receipt and display permit issued under the
authority of WAC 308-93-055 or 308-93-056.
(15))) (16) "Issuing authority" means the Coast Guard
where a number system has not been approved or it is a state or
other jurisdiction that has a vessel identification numbering
system approved by the Coast Guard (( or by the Coast Guard where
a number system has not been approved)). (Also see definition
for out of country vessel.)
(16))) (17) "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.
(17))) (18) "Lifeboat" means watercraft used exclusively
for lifesaving purposes.
(18))) (19) "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.
(19))) (20) "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.
(20))) (21) "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. Bowsprits, bumpkins or boomkins, rudders,
outboard motor brackets, outdrive units, propellers, and similar
fittings or attachments are not included in the measurement.
(21))) (22) "Paperless title" means electronic ownership
(22))) (23) "Person" includes every natural person, firm,
copartnership, corporation, association or organization.
(23))) (24) "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.
(24))) (25) "Primarily" means the principal purpose for
which a vessel is used when considered in conjunction with all of
(25))) (26) "Principal use" means when a vessel is used on
waters of this state for one hundred eighty-three days or more.
(26))) (27) "Propulsion machinery" means any device
providing motion to a vessel through such means as combustion,
steam, or electric machinery.
(27))) (28) "Release of interest" 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
(28))) (29) "Renewal notice" and "special mailer" means
the notice to renew a vessel registration mailed by the
department to the owner.
(29))) (30) "Tender" means watercraft used exclusively to
furnish transportation from a larger vessel to shore and return.
(30))) (31) "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.
(31))) (32) "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.
(32))) (33) "Use of waters" means to navigate, operate,
employ, or moor any vessel upon the waters.
(33))) (34) "Valid marine document" means a document
issued by the Coast Guard which declares it to be a United States
(34))) (35) "Vessel data form" means the form, approved by
the department, completed by the applicant describing the vessel.
(35))) (36) "Waters of this state" means any waters within
the territorial limits of this state as defined in U.S. Code:
Title 43, Section 1312.
[Statutory Authority: RCW 88.02.070, 88.02.100. 01-03-128, 308-93-010, filed 1/23/01, effective 2/23/01; 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.]