Date of Adoption: October 18, 2002.

     Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

     Citation of Existing Rules Affected by this Order: Amending WAC 308-93-241, 308-93-242, 308-93-243, and 308-93-244.

     Statutory Authority for Adoption: RCW 88.02.100, 88.02.070, 88.02.120.

      Adopted under notice filed as WSR 02-18-012 on August 22, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

October 18, 2002

Fred Stephens

Director

OTS-5905.2

AMENDATORY SECTION(Amending WSR 00-22-068, filed 10/30/00, effective 11/30/00)

WAC 308-93-241   ((Confidential)) Undercover and ((undercover)) confidential vessel registration -- Application procedures.   (1) What are ((confidential)) undercover and ((undercover)) confidential vessel registrations ((as referred to in RCW 88.02.035))? ((Confidential)) Undercover and ((undercover)) confidential registrations are nonexempt registrations assigned only to vessels owned or operated by government agencies as identified in RCW 88.02.035.

     (2) ((What)) How are ((my registration options under RCW 88.02.035)) undercover and confidential vessels registered? ((You may choose to register government owned or operated vessels in the confidential/undercover registration program)) Government owned or operated vessels may be registered in one of the following ways:

     (a) ((Selecting the confidential vessel registration option shows the government agency's name and address on the registration certificates and other department records subject to public disclosure; or

     (b) Selecting the undercover vessel registration option shows a fictitious name and address on the registration certificates and other)) If registered with an undercover vessel registration number, the record will show fictitious names and addresses on all department records subject to public disclosure; or

     (b) If registered with a confidential vessel registration number, the record will show the government agency name and address on all department records subject to public disclosure.

     (3) Is a government agency responsible for ensuring safeguards to select a fictitious name and address for undercover vessel registrations? Yes, government agency's must certify on the application that precautions (((i.e., checking phone book, Internet, etc.,))) have been taken to ensure that the use of citizens' names and legitimate licensed Washington businesses ((have)) has not been used.

     (4) How does a government agency apply for ((confidential)) an undercover or ((undercover)) confidential vessel registration? A government agency requesting ((confidential/undercover)) an undercover/confidential vessel registration must provide ((to the department of licensing)):

     (a) A completed application form approved by the department and signed by the government agency head or designated contact person. The agency must indicate on the application form which type of registration is needed (undercover or confidential);

     (b) A copy of the current certificate of ownership, registration certificate or other documents approved by the department showing the vessel is owned or operated by the government agency.

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, § 308-93-241, filed 10/30/00, effective 11/30/00; 98-16-001, § 308-93-241, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-241, filed 7/6/92, effective 8/6/92.]

     (2) How often does the government agency contact information need to be updated? The government agency contact information must be updated, in writing, ((annually or)) within thirty days of any change in the agency head or designee. ((The government agency is responsible for initiating the update when a change occurs.))

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, § 308-93-242, filed 10/30/00, effective 11/30/00; 98-16-001, § 308-93-242, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-242, filed 7/6/92, effective 8/6/92.]

     (b) The department updates the annual list of vessels based on information submitted by the government agencies.)) How does the department maintain a current inventory listing of vessels with undercover or confidential registrations?

     (a) The department provides an inventory list of vessels, scheduled to be renewed within the next quarter, to each agency participating in the undercover/confidential vessel registration program. Each government agency verifies the accuracy of the information by:

     (i) Correcting any erroneous information;

     (ii) Deleting vessels no longer in the program by marking plainly on the list "deleted" next to the vessel that needs to be deleted;

     (iii) Signing the inventory list certifying that all undercover and confidential vessels shown on the list are being utilized under RCW 88.02.035(3); and

     (iv) Returning the updated inventory list to the department by the date requested.

     (b) The department updates the agency inventory based on information submitted by the agencies.

     (2) What action does the department take if ((annual lists are not returned)) a government agency fails to return their inventory list? The department may refuse to renew a vessel(s) shown on the ((annual)) quarterly inventory list until the government agency has complied with the requirements of subsection (1) of this section.

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, § 308-93-243, filed 10/30/00, effective 11/30/00; 98-16-001, § 308-93-243, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-243, filed 7/6/92, effective 8/6/92.]

     ((The department may cancel or refuse to renew confidential or undercover registrations when the department has reasonable cause to believe the registrations are being used for purposes other than those authorized in RCW 88.02.035. A government agency may request cancellation of their confidential or undercover registrations when the vessel is no longer used for this purpose.)) Undercover or confidential vessel registrations may be canceled in one of two ways:

     (a) The department may cancel or refuse to renew undercover or confidential vessel registrations when the department has reasonable cause to believe the vessel is being used for purposes other than those authorized in RCW 88.02.035; or

     (b) A government agency may request cancellation of their undercover or confidential vessel registration when the undercover or confidential registration is no longer required.

     (2) How ((are confidential or undercover registrations canceled)) does a government agency cancel undercover or confidential vessel registration? ((Confidential or undercover registrations are canceled when the government agency notifies the department in writing via mail, fax, or e-mail that they are no longer required, and indicate whether the registrations:

     (a) Are being returned to the department; or

     (b) Have been destroyed.

     The department will then delete the confidential or undercover registration record from the program and from other department records.)) The government agency notifies the department in writing that the undercover or confidential vessel registration is no longer required, and indicates that the vessel registration numbers and decals have been removed from the vessel. The department of licensing then changes the record to indicate the vessel is registered to the government agency.

     (3) ((Can)) May the undercover or confidential vessel registration numbers and decals ((issued by the department to the confidential or undercover vessel)) remain on the vessel when it is removed from the program? No. The registration numbers and decals must be removed from the vessel ((and returned to the department or destroyed by the agency)).

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, § 308-93-244, filed 10/30/00, effective 11/30/00; 98-16-001, § 308-93-244, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-244, filed 7/6/92, effective 8/6/92.]

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