PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-16-087.
Title of Rule and Other Identifying Information: The state Parks and Recreation Commission intends to adopt a new chapter of administrative rules, chapter 352-78 WAC, Boating safety education program.
Hearing Location(s): Washington State History Museum, 1911 Pacific Avenue, Tacoma, WA 98402, 1-888-238-4373, on November 17, 2005, at 9:00 a.m.
Date of Intended Adoption: November 17, 2005.
Submit Written Comments to: James Horan, P.O. Box 42650, Tumwater, WA 90850-2650 [98504-2650], e-mail James.Horan@parks.wa.gov, phone (360) 586-6600, fax (360) 586-6603, by November 10, 2005.
Assistance for Persons with Disabilities: Contact Pauli Larson by November 4, 2005, TTY (360) 664-3133 or (360) 902-8505.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 392, Laws of 2005, requires the state Parks and Recreation Commission to establish and implement by rule a program to provide required boating safety education. The commission's proposed rules will enable boat operators to take and pass an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission and provide a means by which boaters can obtain a boater education card. The proposed rules also specify the requirements for rental operators and liveries, exemptions for vessel operators from carrying the boater education, fees for a boater education card and penalties for violations of these new rules.
Reasons Supporting Proposal: These proposed administrative rules are necessary for the implementation of a boating safety education program as established by the enactment of SSB 5145 (chapter 392, Laws of 2005) during [the] 2005 session of the Washington state legislature.
Statutory Authority for Adoption: RCW 79A.05.310 and chapter 79A.60 RCW.
Statute Being Implemented: Sections 1 through 5, chapter 392, Laws of 2005, codified in chapter 79A.60 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State Parks and Recreation Commission, governmental.
Name of Agency Personnel Responsible for Drafting: James Horan, State Park Headquarters, P.O. Box 42650, Tumwater, WA 98504-2650, (360) 586-6600; Implementation: Jim French, State Park Headquarters, P.O. Box 42650, Tumwater, WA 98504-2650, (360) 586-6616; and Enforcement: Mark Kenney, State Park Headquarters, P.O. Box 42650, Tumwater, WA 98504-2650, (360) 586-6593.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These chapters of administrative rule do not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.
A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission, nor has the commission voluntarily applied those requirements.
October 4, 2005
Jim French, Administrator
Statewide Recreation Programs
OTS-8377.2
BOATING SAFETY EDUCATION PROGRAM
[]
(1) "Accredited boating safety course" means a National Association of State Boating Law Administrators (NASBLA) and commission-approved course of instruction that concludes with an examination containing at least fifty questions plus a minimum of ten questions specific about Washington boating laws.
(2) "Accredited boating safety course provider" is a person or organization that provides a NASBLA-approved boating safety course or equivalency exam and has been accredited by the commission.
(3) "Aquatic invasive species" means a nonnative species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.
(4) "Bill of sale" is a document showing date of vessel purchase.
(5) "Boater" is any person on a vessel on the waters of the state of Washington;
(6) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's data base.
(7) "Boating educator" means a person providing an accredited course.
(8) "Certificate of accomplishment" means a form provided by the commission and issued by a boating educator to a person who has successfully completed an accredited boating safety course. An official card or certificate issued by the United States Coast Guard Auxiliary or United States Power Squadrons to a person for successful completion of their boating safety education course is also recognized by the commission as a certificate of accomplishment.
(9) "Correspondence course and self-test" means a boating safety course and examination approved by the commission that allows individuals who are unable to participate in a boating safety class or equivalency exam a means of providing proof of competency.
(10) "Commission" means the Washington state parks and recreation commission.
(11) "Direct supervision" occurs when a person possessing or exempt from having to possess a boater education card maintains close visual and verbal contact with, provides adequate direction to, and can immediately assume control of a motor vessel from an operator of a motor vessel who is allowed to operate a motor vessel without a boater education card.
(12) "Equivalency exam" is an exam created by the commission containing at least fifty questions plus a minimum of ten specific questions that cover laws and other issues pertaining to boating in Washington. The equivalency exam is intended to provide experienced boat operators with the opportunity to meet the minimum standard of boating safety education without having to take a boating safety course.
(13) "Motor vessel" means all boats and vessels which are propelled by machinery.
(14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for the operator of a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission.
(15) "Minimum standard of boating safety accomplishment" means a standard of proficiency established by the commission based on the standards set by the NASBLA that determines whether an applicant for a boater education card has met or exceeded the requirements of a boating safety course, equivalency exam or correspondence course and self-test.
(16) "NASBLA" means National Association of State Boating Law Administrators.
(17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
(18) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(19) "Proctor" is a member of the United States Coast Guard Auxiliary, United States Power Squadrons, public official including county sheriff's deputy, city police officer, and/or other individual authorized by the commission to provide an accredited boating safety course or equivalency exam.
(20) "Proof of accomplishment" means evidence of having met the minimum standard for boating safety education accomplishment as determined by the commission.
(21) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.
(22) "Rental agent" means any person who is authorized to act for the owner or employer of a recreational motor vessel rental or leasing agency.
(23) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.
(24) "Replacement boater education card" means a boater education card provided to a person who has already been issued a boater education card and has applied for a replacement of the card that has been lost, damaged, stolen, or otherwise is in need of replacement.
(25) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.
(26) "Vessel registration" means a document issued by the department of licensing showing that all taxes and fees have been paid and acts as a permit for the vessel to be used on the waters of the state.
(27) "Waters of the state" means any waters within the territorial limits of Washington state.
[]
(a) Follow the NASBLA process for course review and approval and shall review any course that is proposed by any private or public entity that desires to teach a course to the public for the purposes of obtaining a boater education card. The commission will make available to any interested prospective accredited boating safety course provider, forms in paper and electronic form, to be used to apply to the commission to become an accredited boating safety course provider. In order to be accredited by the commission, an accredited boating safety course provider that wants to issue a boater education card must issue only the commission's boater education card.
(b) Follow the NASBLA process for courses to be reviewed and reapproved if the provider wishes to continue the use of the course.
(c) Use the NASBLA testing standards for exam questions.
(d) Create a question pool that meets the NASBLA examination question standards to cover Washington state boating laws and regulations and make this part of any course to enable accredited boating safety course providers to meet NASBLA standards.
(e) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum.
(2) Any boater twelve years of age or older who completes a boating safety course that has met commission standards will be eligible to receive a boater education card upon application for such card and payment of appropriate fees. The commission will accept as proof of accomplishment or course completion:
(a) A copy of an original certificate from any course taken prior to July 1, 2005, provided that such course meets the NASBLA standards for Washington in effect at the time the course was taken.
(b) A letter from an accredited course provider that certifies that the named individual has taken and passed a boating safety course from this provider that met the acceptable course standards as of the date the course was given.
[]
(2) Provide an opportunity for any person who so wishes, to take a commission-approved correspondence course and self-test.
(3) Provide an opportunity for any person who so wishes, to take a commission-approved internet course.
[]
(a) Successful completion of a course or exam offered by an accredited boating safety course provider or proctor. Such courses or exams may include, but not be limited to, classroom, internet, correspondence, and proctored and unproctored exams.
(b) Possession of a certificate, card, or other official document issued by another state or country that is equivalent to the commission's boating safety course or equivalency exam.
(c) Suitable evidence of achieving the minimum standards for boating safety education accomplishment consists of:
(i) A certificate issued by the United States Power Squadrons, United States Coast Guard Auxiliary, the commission or other accredited boating safety course provider.
(ii) A certificate, card, or other official document issued by another state or country that is equivalent to the rules adopted by the commission.
(iii) Proof of accomplishment documentation must contain the name of the individual applying for the boater education card and be signed or otherwise certified by the issuing organization or agency.
(d) Boater education cards issued by the commission shall contain a unique number that corresponds to the individual named on the card. Commission-issued boater education cards are not transferable from one individual to another.
[]
(1) A completed application on a form provided by the commission. The application form will require the name, address, date of birth and other identifying characteristics of the applicant as determined by the commission. Incomplete applications will be returned to the applicant.
(2) Provide proof of accomplishment consisting of a document verifying the applicant has successfully completed a boating safety course or equivalency exam.
(a) A copy of the original certificate issued by the United States Power Squadrons, United States Coast Guard Auxiliary, the commission or other accredited boating safety course provider, or a Canadian Pleasure Craft Operator's Card are acceptable proof of accomplishment; or
(b) A copy of the original certificate, card, or other official documents issued by another state or country whose boating safety course meets NASBLA minimum standards is acceptable proof of accomplishment; or
(c) A copy of the original Coast Guard motorboat operator's license, either valid or expired, is acceptable proof of accomplishment. A valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 CFR Part 10 or a maritime certificate issued by the Canadian government; or
(d) A copy of the original valid commercial fishing license issued by the department of fish and wildlife.
(3) Proof of accomplishment documents must contain the name of the individual applying for the commission-issued boater education card.
(4) In the event the original document establishing proof of accomplishment is not available, a signed statement from an accredited boating safety course provider of a boating safety course stating that the individual has successfully completed a boating safety course or equivalency exam must be submitted to the commission.
(5) The commission may require the applicant to provide the original document establishing proof of accomplishment if the copy accompanying the application is illegible or the authenticity of the copy is not certain.
[]
(2) A person, while waiting to obtain a commission-issued boater education card, may use a certificate of accomplishment for up to sixty days from date of issue to operate a motor vessel provided the original certificate of accomplishment is on board the vessel while it is being operated.
(3) A person residing in Washington who is otherwise required to possess a commission-issued boater education card and has received a certificate, card, or other official document issued by another state or country that is equivalent to Washington's boater education card may use the original of that document as a temporary education card and may operate a motor vessel in Washington for no more than sixty days from the date of residency provided the document is on board.
(4) A person who legally rents a motor vessel and is otherwise required to possess a commission-issued boater education card may use the required motor vessel safety operating and equipment checklist as a temporary education card and may operate the rental motor vessel in Washington for the term of the rental agreement but not longer than sixty consecutive days.
[]
(a) They legally change their name; or
(b) The card is lost, stolen or destroyed.
(2) To obtain a replacement boater education card, an applicant must provide the commission with:
(a) A completed application on a form provided by the commission; and
(b) An affidavit signed by the applicant stating the circumstances that led to the loss or destruction of the original commission-issued boater education card; and
(c) A five-dollar fee for a replacement card paid in full in a manner determined by the commission and stated on the application form.
[]
(2) When the person who rents the motor vessel and all operators of the rented motor vessel do not possess a commission-issued boater education card, the rental agent must ensure that the person who rents the motor vessel and all operators of the craft:
(a) Reviews, initials, and signs the motor vessel safety operating and equipment checklist in the presence of the rental agent before they may operate the rental motor vessel; and
(b) Retains the issued copy of the motor vessel safety operating and equipment checklist on board when operating the motor vessel.
[]
(2) Beginning January 1, 2008, all individuals age twelve through twenty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(3) By January 1, 2009, all individuals age twelve through twenty-five are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(4) By January 1, 2010, all individuals age twelve through thirty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(5) By January 1, 2011, all individuals age twelve through thirty-five are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(6) By January 1, 2012, all individuals age twelve through forty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(7) By January 1, 2013, all individuals age twelve through fifty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(8) By January 1, 2014, all individuals age twelve through sixty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(9) By January 1, 2015, all individuals age twelve through seventy are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.
(10) After January 1, 2016, all individuals age twelve and older must possess a boater education card to operate a vessel of fifteen horsepower or greater.
[]
(1) The operator of a vessel engaged in a lawful commercial fishery operation as licensed by the department of fish and wildlife under Title 77 RCW. However, the person when operating a vessel for recreational purposes must carry either a valid commercial fishing license issued by the department of fish and wildlife or a boater education card;
(2) Any person who possesses a valid marine operator license issued by the United States Coast Guard when operating a vessel authorized by such coast guard license. However, the person when operating a vessel for recreational purposes must carry a valid marine operator license issued by the United States Coast Guard or a boater education card;
(3) Any person who is legally engaged in the operation of a vessel that is exempt from vessel registration requirements under chapter 88.02 RCW and applicable rules and is used for purposes of law enforcement or official government work. However, the person when operating a vessel for recreational purposes must carry a boater education card;
(4) Any person at least twelve years old renting, chartering, or leasing a motor driven boat or vessel with an engine power of fifteen horsepower or greater who completes a commission-approved motor vessel safety operating and equipment checklist each time before operating the motor driven boat or vessel, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190;
(5) Any person who is not a resident of Washington state and who does not operate a motor driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state for more than sixty consecutive days;
(6) Any person who is not a resident of Washington state and who holds a current out-of-state or out-of-country certificate or card that is equivalent to the rules adopted by the commission;
(7) Any person who has purchased the boat or vessel within the last sixty days, and has a bill of sale in his or her possession to document the date of purchase;
(8) Any person, including those less than twelve years of age, who are involved in practicing for, or engaging in, a permitted racing event where a valid document has been issued by the appropriate local, state, or federal government agency for the event, and is available for inspection on-site during the racing event;
(9) Any person who is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a commission-issued boater education card, or who is not yet required to possess the card.
(10) Any person who is not yet required to have a commission-issued boater education card under the phased schedule in WAC 352-78-090; and
(11) Any person born before January 1, 1955.
[]
(2) Duplicate fee for replacement cards is five dollars. The fee is waived if replacement is necessary because of an error by the commission. The same number will be assigned on any duplicate card as was assigned on the original.
(3) Fees paid to the commission for a commission-issued boater education card or replacement card are not refundable.
(4) An accredited course provider may charge a reasonable fee to recover costs associated with providing a boating safety course or equivalency exam.
(5) All receipts from fees collected for the issuance of the commission-issued boater education card shall be used solely for the administration of this chapter including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040.
[]
(1) Provide a false statement or information or assist another person in giving a false statement or information on any application, affidavit, document or statement used to obtain a commission-issued boater education card or replacement boater education card; or
(2) Exhibit an altered boater education card or any boating education card other than the one issued to them, to a peace officer; or
(3) Alter a commission-issued boater education card or replacement boater education card issued by the commission or its authorized agent; or
(4) Produce or possess an unauthorized replica of a commission-issued boater education card or replacement boater education card.
[]
[]
[]