WSR 13-17-113 PROPOSED RULES DEPARTMENT OF LICENSING [Filed August 21, 2013, 11:01 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-10-068 and 13-10-069.
Title of Rule and Other Identifying Information: Chapter 308-93 WAC, vessel registration and certificate of title.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on September 30, 2013, at 3:00 p.m.
Date of Intended Adoption: October 1, 2013.
Submit Written Comments to: Cathie Jelvik, P.O. Box 9909, Olympia, WA 98507-8500, e-mail cjelvik@dol.wa.gov, fax (360) 570-7892, by September 27, 2013.
Assistance for Persons with Disabilities: Contact Cathie Jelvik by September 27, 2013, TTY (360) 902-3812 or (360) 902-3811.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules amend WAC 308-93-055 and 308-93-056 to correct references to vessel permits necessary to comply with federal law, 46 U.S.C. 12307, regarding recreational vessel registration. The proposed rule change also removes redundant information in the rules.
Reasons Supporting Proposal: The rule changes are necessary to address the findings of a United States Coast Guard review of the department's vessel registration program and to comply with recent Washington state legislation.
Rule is necessary because of federal law, 46 U.S.C. 12307.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Cathie Jelvik, Olympia, (360) 902-3812; Implementation and Enforcement: Toni Wilson, Olympia, (360) 902-3811.
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 19.85.025(3).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
August 21, 2013
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-21-025, filed 10/9/06, effective 11/9/06)
WAC 308-93-055 Vessels from out-of-state operating in this state—((Identification document)) Nonresident vessel permit required.
(1) ((What documentation must be carried aboard a vessel from another state or out-of-country 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 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 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 nonresident vessel ((sixty-day temporary identification document)) permit? 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))) (2) How many nonresident vessel ((sixty-day temporary identification documents)) permits may be obtained? ((Not more than)) You may obtain two ((may be obtained)) nonresident vessel permits 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? (a) Keep aboard 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))) (3) How do I display the vessel visitor permit? The permit must be visible to law enforcement from either the dock or from the water. It must be kept aboard the vessel at all times when moored and during operation and protected from the weather. The permit must be clearly displayed either: (a) In the windshield; (b) On side window; (c) In the cockpit; or (d) In the operation area of the vessel. (4) If the vessel owner is not available, how do I obtain a nonresident vessel ((sixty-day temporary identification document)) permit? The person applying for the nonresident vessel ((sixty-day temporary identification document)) permit must have a: (a) Notarized((/)) or 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 out-of-state or out-of-country registration certificate.
AMENDATORY SECTION (Amending WSR 01-03-128, filed 1/23/01, effective 2/23/01)
WAC 308-93-056 Out of country vessel operating in this state—((Identification document)) Vessel visitor permit required.
(1) ((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)) visitor permit? You must provide the following: (a) Proof of ((identification as described in WAC 308-56A-275(2))) 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)), or United States Customs Service Cruising License; (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))) (2) How many vessel ((out of country permanent identification documents)) visitor permits may be obtained? You may obtain one((, the)) vessel ((out of country permanent identification document)) visitor permit which 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. (3) What if the vessel is sold or transferred to a new owner? If the vessel is sold or transferred, the new owners may apply for a corrected vessel ((out of country permanent identification document)) visitor permit listing the new owner's name and address. The new owner ((shall)) must provide the information in subsection (1) of this section and 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)) visitor permit? ((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)) The permit must be visible to law enforcement from either the dock or from the water. It must be kept aboard the vessel at all times when moored and during operation and protected from the weather. The permit must be clearly displayed either: (a) In the windshield; (b) On side window; (c) In the cockpit; or (d) In the operation area of the vessel. (5) If the vessel owner is not available, how do I obtain a vessel ((out of country permanent identification document)) visitor permit? ((If the vessel owner is not available,)) The person applying for the vessel ((out of country permanent identification document)) visitor permit must have a: (a) Notarized((/)) or certified power of attorney from a registered owner of the vessel; and (b) Copy of the valid registration ((numbers)) issued by a country other than the United States or a United States Customs Service Cruising License.
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