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(continued) s, the balance shall be paid the county treasurer as is provided in the case of the sale of estrays. In case the vessel exceeds one hundred dollars, and is not claimed within six months, application shall be made to the superior court of the county, and the same proceeding shall be thereupon had. All sales made under this section shall be conducted as sales of personal property on execution.
[1993 c 244 § 25; 1987 c 202 § 249; Code 1881 § 3247, part; 1854 p 387 § 7; RRS § 9896, part. Formerly RCW 88.12.225, 88.12.220, 88.20.070, and 88.20.060, part.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
Intent -- 1987 c 202: See note following RCW 2.04.190.
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79A.60.300
Vessels secured pursuant to chapter 79A.65 RCW.
The provisions of RCW 79A.60.230 through 79A.60.290 do not apply to vessels secured pursuant to chapter 79A.65 RCW.
[2000 c 11 § 103; 1994 c 51 § 8. Formerly RCW 88.12.227.]
Notes: Severability -- 1994 c 51: See RCW 79A.65.900.
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79A.60.400
Vessels carrying passengers for hire on whitewater rivers — Purpose.
The purpose of RCW 79A.60.440 through 79A.60.480 is to further the public interest, welfare, and safety by providing for the protection and promotion of safety in the operation of vessels carrying passengers for hire on the whitewater rivers of this state.
[2000 c 11 § 104; 1993 c 244 § 26; 1986 c 217 § 1. Formerly RCW 88.12.230 and 91.14.005.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.410
Vessels carrying passengers for hire on whitewater rivers — Whitewater river outfitter's license required.
(1) No person shall act in the capacity of a paid whitewater river outfitter, or advertise in any newspaper or magazine or any other trade publication, or represent himself or herself as a whitewater river outfitter in the state, without first obtaining a whitewater river outfitter's license from the department of licensing in accordance with RCW 79A.60.480.
(2) Every whitewater river outfitter's license must, at all times, be conspicuously placed on the premises set forth in the license.
[2000 c 11 § 105; 1997 c 391 § 2. Formerly RCW 88.12.232.]
Notes: Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: "Sections 2, 4, 5, 7, and 8 of this act take effect January 1, 1998." [1997 c 391 § 12.]
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79A.60.420
Vessels carrying passengers for hire on whitewater rivers — Conduct constituting misdemeanor.
Except as provided in RCW 79A.60.480, the commission of a prohibited act or the omission of a required act under RCW 79A.60.430 through 79A.60.480 constitutes a misdemeanor, punishable as provided under RCW 9.92.030.
[2000 c 11 § 106; 1997 c 391 § 3; 1993 c 244 § 27. Formerly RCW 88.12.235.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.430
Vessels carrying passengers for hire on whitewater rivers — Safety requirements.
(1) While carrying passengers for hire on whitewater rivers in this state, the licensed whitewater river outfitter shall comply with the following requirements at the beginning of every trip:
(a) If using inflatable vessels, use only vessels with three or more separate air chambers;
(b) Ensure that all passengers are wearing a securely fastened United States coast guard-approved type V personal flotation device of the proper size, and that all guides are wearing a securely fastened United States coast guard-approved type III or type V personal flotation device;
(c) Ensure that a spare United States coast guard-approved type III or type V personal flotation device in good repair is accessible to all vessels on each trip;
(d) Ensure that each vessel has on it a bagged throwable line with a floating line and bag;
(e) Ensure that each vessel has accessible an adequate first-aid kit;
(f) Ensure that each vessel has a spare propelling device;
(g) Ensure that a repair kit and air pump are accessible to inflatable vessel;
(h) Ensure that equipment to prevent and treat hypothermia is accessible to all vessels on a trip; and
(i) Ensure that each vessel is operated by a guide who has complied with the requirements of subsection (2) of this section.
(2) No person may act as a guide unless the individual is at least eighteen years of age and has:
(a) Successfully completed a lifesaving training course meeting standards adopted by the commission;
(b) Completed a program of guide training on whitewater rivers, conducted by a guide instructor, which program must run for a minimum of fifty hours on a whitewater river and must include at least the following elements:
(i) Equipment preparation and boat rigging;
(ii) Reading river characteristics including currents, eddies, rapids, and hazards;
(iii) Methods of scouting and running rapids;
(iv) River rescue techniques, including emergency procedures and equipment recovery; and
(v) Communications with clients, including paddling and safety instruction; and
(c) Completed at least one trip on an entire section of whitewater river before carrying passengers for hire in a vessel on any such section of whitewater river.
(3) A guide instructor must have traveled at least one thousand five hundred river miles, seven hundred fifty of which must have been while acting as a guide.
(4) Any person conducting guide training on whitewater rivers shall, upon request of a guide trainee, issue proof of completion to the guide completing the required training program.
[1997 c 391 § 4; 1993 c 244 § 30; 1986 c 217 § 6. Formerly RCW 88.12.245, 88.12.280, and 91.14.050.]
Notes: Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: See note following RCW 79A.60.410.
Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.440
Vessels carrying passengers for hire on whitewater rivers — Operation of vessel — Exemptions.
(1) No person may operate any vessel carrying passengers for hire on whitewater rivers in a manner that interferes with other vessels or with the free and proper navigation of the rivers of this state.
(2) Every operator of a vessel carrying passengers for hire on whitewater rivers shall at all times operate the vessel in a careful and prudent manner and at such a speed as to not endanger the life, limb, or property of any person.
(3) No vessel carrying passengers for hire on whitewater rivers may be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration the type and construction of the vessel and other existing operating conditions. In the case of inflatable vessels, safe carrying capacity in whitewater shall be considered as less than the United States coast guard capacity rating for each vessel. This subsection shall not apply in cases of an unexpected emergency on the river.
(4) Individuals licensed under chapter 77.32 RCW and acting as fishing guides are exempt from RCW 79A.60.420 and 79A.60.460 through 79A.60.480.
[2000 c 11 § 107; 1993 c 244 § 28; 1986 c 217 § 3. Formerly RCW 88.12.250 and 91.14.020.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.450
Vessels carrying passengers for hire on whitewater rivers — Use of alcohol prohibited — Vessel to be accompanied by vessel with licensed outfitter.
(1) Whitewater river outfitters and guides on any trip carrying passengers for hire on whitewater rivers of the state shall not allow the use of alcohol during the course of a trip on a whitewater river section in this state.
(2) Any vessel carrying passengers for hire on any whitewater river section in this state must be accompanied by at least one other vessel being operated by a licensed whitewater river outfitter or a guide under the direction or control of a licensed whitewater river outfitter.
[1997 c 391 § 5; 1993 c 244 § 31; 1986 c 217 § 7. Formerly RCW 88.12.255, 88.12.290, and 91.14.060.]
Notes: Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: See note following RCW 79A.60.410.
Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.460
Vessels carrying passengers for hire on whitewater rivers — Rights of way.
(1) Except as provided in subsection (2) of this section, vessels on whitewater rivers proceeding downstream have the right of way over vessels proceeding upstream.
(2) In all cases, vessels not under power proceeding downstream on whitewater rivers have the right of way over motorized craft underway.
[1993 c 244 § 29; 1986 c 217 § 4. Formerly RCW 88.12.260 and 91.14.030.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.470
Vessels carrying passengers for hire on whitewater rivers — Designation of whitewater river sections.
Whitewater river sections include but are not limited to:
(1) Green river above Flaming Geyser state park;
(2) Klickitat river above the confluence with Summit creek;
(3) Methow river below the town of Carlton;
(4) Sauk river above the town of Darrington;
(5) Skagit river above Bacon creek;
(6) Suiattle river;
(7) Tieton river below Rimrock dam;
(8) Skykomish river below Sunset Falls and above the Highway 2 bridge one mile east of the town of Gold Bar;
(9) Wenatchee river above the Wenatchee county park at the town of Monitor;
(10) White Salmon river; and
(11) Any other section of river designated a "whitewater river section" by the commission under RCW 79A.60.495.
[2000 c 11 § 108; 1997 c 391 § 6; 1986 c 217 § 8. Formerly RCW 88.12.265, 88.12.300, and 91.14.070.]
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79A.60.480
Vessels carrying passengers for hire on whitewater rivers — Whitewater river outfitter's license — Application — Fees — Insurance — Penalties — State immune from civil actions arising from licensure.
(1) The department of licensing may issue a whitewater river outfitter's license to an applicant who submits a completed application, pays the required fee, and complies with the requirements of this section.
(2) An applicant for a whitewater river outfitter's license shall make application upon a form provided by the department of licensing. The form must be submitted annually and include the following information:
(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the applicant;
(b) Certification that all employees, subcontractors, or independent contractors hired as guides meet training standards under RCW 79A.60.430 before carrying any passengers for hire;
(c) Proof that the applicant has liability insurance for a minimum of three hundred thousand dollars per claim for occurrences by the applicant and the applicant's employees that result in bodily injury or property damage. All guides must be covered by the applicant's insurance policy;
(d) Certification that the applicant will maintain the insurance for a period of not less than one year from the date of issuance of the license; and
(e) Certification by the applicant that for a period of not less than twenty-four months immediately preceding the application the applicant:
(i) Has not had a license, permit, or certificate to carry passengers for hire on a river revoked by another state or by an agency of the government of the United States due to a conviction for a violation of safety or insurance coverage requirements no more stringent than the requirements of this chapter; and
(ii) Has not been denied the right to apply for a license, permit, or certificate to carry passengers for hire on a river by another state.
(3) The department of licensing shall charge a fee for each application, to be set in accordance with RCW 43.24.086.
(4) Any person advertising or representing himself or herself as a whitewater river outfitter who is not currently licensed is guilty of a gross misdemeanor.
(5) The department of licensing shall submit annually a list of licensed persons and companies to the department of community, trade, and economic development, tourism promotion division.
(6) If an insurance company cancels or refuses to renew insurance for a licensee, the insurance company shall notify the department of licensing in writing of the termination of coverage and its effective date not less than thirty days before the effective date of termination.
(a) Upon receipt of an insurance company termination notice, the department of licensing shall send written notice to the licensee that on the effective date of termination the department of licensing will suspend the license unless proof of insurance as required by this section is filed with the department of licensing before the effective date of the termination.
(b) If an insurance company fails to give notice of coverage termination, this failure shall not have the effect of continuing the coverage.
(c) The department of licensing may sanction a license under RCW 18.235.110 if the licensee fails to maintain in full force and effect the insurance required by this section.
(7) The state of Washington shall be immune from any civil action arising from the issuance of a license under this section.
[2002 c 86 § 327; 2000 c 11 § 109; 1997 c 391 § 7; 1995 c 399 § 216; 1986 c 217 § 11. Formerly RCW 88.12.275, 88.12.320, and 91.14.090.]
Notes: Effective dates -- 2002 c 86: See note following RCW 18.08.340.
Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.
Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: See note following RCW 79A.60.410.
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79A.60.485
Vessels carrying passengers for hire on whitewater rivers — Rules to implement RCW 79A.60.480 — Fees.
The department of licensing may adopt and enforce such rules, including the setting of fees, as may be consistent with and necessary to implement RCW 79A.60.480. The fees must approximate the cost of administration. The fees must be deposited in the master license account.
[2000 c 11 § 110; 1997 c 391 § 9. Formerly RCW 88.12.276.]
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79A.60.490
Vessels carrying passengers for hire on whitewater rivers — License sanction for certain convictions.
Within five days after conviction for any of the provisions of RCW 79A.60.430 through 79A.60.480, the court shall forward a copy of the judgment to the department of licensing. After receiving proof of conviction, the department of licensing may sanction the license of any whitewater river outfitter under RCW 18.235.110. Proof of compliance with all licensing requirements and correction of the violation under which the whitewater river outfitter was convicted may be considered by the department as mitigating factors when taking disciplinary action.
[2002 c 86 § 328; 2000 c 11 § 111; 1997 c 391 § 8. Formerly RCW 88.12.278.]
Notes: Effective dates -- 2002 c 86: See note following RCW 18.08.340.
Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.
Effective date -- 1997 c 391 §§ 2, 4, 5, 7, and 8: See note following RCW 79A.60.410.
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79A.60.495
Designation as whitewater river — Rules — Schedule of fines.
The commission shall adopt rules that designate as whitewater rivers all sections of rivers with at least one class III rapid or greater, as described in the American Whitewater Affiliation's whitewater safety code. The commission is authorized to consider the imposition of a schedule of fines for minor violations.
[1997 c 391 § 10. Formerly RCW 88.12.279.]
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79A.60.498
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 329.]
Notes: Effective dates -- 2002 c 86: See note following RCW 18.08.340.
Part headings not law -- Severability -- 2002 c 86: See RCW 18.235.902 and 18.235.903.
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79A.60.500
Uniform waterway marking system.
The parks and recreation commission is hereby directed to develop and adopt rules establishing a uniform waterway marking system for waters of the state not serviced by such a marking system administered by the federal government. Such system shall be designed to provide for standardized waterway marking buoys, floats, and other waterway marking devices which identify or specify waterway hazards, vessel traffic patterns, and similar information of necessity or use to boaters. Any new or replacement waterway marking buoy, float, or device installed by a unit of local government shall be designed and installed consistent with rules adopted by the parks and recreation commission pursuant to this section.
[1987 c 427 § 3. Formerly RCW 88.12.285, 88.12.350, and 43.51.404.]
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79A.60.510
Findings — Sewage disposal initiative established — Boater environmental education — Waterway access facilities.
The legislature finds that the waters of Washington state provide a unique and valuable recreational resource to large and growing numbers of boaters. Proper stewardship of, and respect for, these waters requires that, while enjoying them for their scenic and recreational benefits, boaters must exercise care to assure that such activities do not contribute to the despoliation of these waters, and that watercraft be operated in a safe and responsible manner. The legislature has specifically addressed the topic of access to clean and safe waterways by requiring the 1987 boating safety study and by establishing the Puget Sound action team.
The legislature finds that there is a need to educate Washington's boating community about safe and responsible actions on our waters and to increase the level and visibility of the enforcement of boating laws. To address the incidence of fatalities and injuries due to recreational boating on our state's waters, local and state efforts directed towards safe boating must be stimulated. To provide for safe waterways and public enjoyment, portions of the watercraft excise tax and boat registration fees should be made available for boating safety and other boating recreation purposes.
In recognition of the need for clean waterways, and in keeping with the Puget Sound action team's water quality work plan, the legislature finds that adequate opportunities for responsible disposal of boat sewage must be made available. There is hereby established a five-year initiative to install sewage pumpout or sewage dump stations at appropriate marinas.
To assure the use of these sewage facilities, a boater environmental education program must accompany the five-year initiative and continue to educate boaters about boat wastes and aquatic resources.
The legislature also finds that, in light of the increasing numbers of boaters utilizing state waterways, a program to acquire and develop sufficient waterway access facilities for boaters must be undertaken.
To support boating safety, environmental protection and education, and public access to our waterways, the legislature declares that a portion of the income from boating-related activities, as specified in RCW 82.49.030 and 88.02.040, should support these efforts.
[1999 c 249 § 1506; 1989 c 393 § 1. Formerly RCW 88.12.295, 88.12.360, and 88.36.010.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.60.520
Identification and designation of polluted and environmentally sensitive areas.
The commission, in consultation with the departments of ecology, fish and wildlife, natural resources, social and health services, and the Puget Sound action team shall conduct a literature search and analyze pertinent studies to identify areas which are polluted or environmentally sensitive within the state's waters. Based on this review the commission shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of chapter 393, Laws of 1989 only.
[1999 c 249 § 1507; 1994 c 264 § 81; 1989 c 393 § 3. Formerly RCW 88.12.305, 88.12.380, and 88.36.030.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.60.530
Designation of marinas, boat launches, or boater destinations for installation of sewage pumpout or dump units.
(1) A marina which meets one or more of the following criteria shall be designated by the commission as appropriate for installation of a sewage pumpout or dump unit:
(a) The marina is located in an environmentally sensitive or polluted area; or
(b) The marina has one hundred twenty-five slips or more and there is a lack of sewage pumpout or dump units within a reasonable distance.
(2) In addition to subsection (1) of this section, the commission may at its discretion designate a marina as appropriate for installation of a sewage pumpout or dump unit if there is a demonstrated need for a sewage pumpout or dump unit at the marina based on professionally conducted studies undertaken by federal, state, or local government, or the private sector; and it meets the following criteria:
(a) The marina provides commercial services, such as sales of food, fuel or supplies, or overnight or live-aboard moorage opportunities;
(b) The marina is located at a heavily used boating destination or on a heavily traveled route, as determined by the commission; or
(c) There is a lack of adequate sewage pumpout or dump unit capacity within a reasonable distance.
(3) Exceptions to the designation made under this section may be made by the commission if no sewer, septic, water, or electrical services are available at the marina.
(4) In addition to marinas, the commission may designate boat launches or boater destinations as appropriate for installation of a sewage pumpout or dump unit based on the criteria found in subsections (1) and (2) of this section.
[1993 c 244 § 32; 1989 c 393 § 4. Formerly RCW 88.12.315, 88.12.390, and 88.36.040.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.540
Contracts for financial assistance — Ownership of sewage pumpout or dump unit — Ongoing costs.
(1) Marinas and boat launches designated as appropriate for installation of a sewage pumpout or dump unit under RCW 79A.60.530 shall be eligible for funding support for installation of such facilities from funds specified in RCW 79A.60.590. The commission shall notify owners or operators of all designated marinas and boat launches of the designation, and of the availability of funding to support installation of appropriate sewage disposal facilities. The commission shall encourage the owners and operators to apply for available funding.
(2) The commission shall seek to provide the most cost-efficient and accessible facilities possible for reducing the amount of boat waste entering the state's waters. The commission shall consider providing funding support for portable pumpout facilities in this effort.
(3) The commission shall contract with, or enter into an interagency agreement with another state agency to contract with, applicants based on the criteria specified below:
(a)(i) Contracts may be awarded to publicly owned, tribal, or privately owned marinas or boat launches.
(ii) Contracts may provide for state reimbursement to cover eligible costs as deemed reasonable by commission rule. Eligible costs include purchase, installation, or major renovation of the sewage pumpout or dump units, including sewer, water, electrical connections, and those costs attendant to the purchase, installation, and other necessary appurtenances, such as required pier space, as determined by the commission.
(iii) Ownership of the sewage pumpout or dump unit will be retained by the state through the commission in privately owned marinas. Ownership of the sewage pumpout or dump unit in publicly owned marinas will be held by the public entity.
(iv) Operation, normal and expected maintenance, and ongoing utility costs will be the responsibility of the contract recipient. The sewage pumpout or dump unit shall be kept in operating condition and available for public use at all times during operating hours of the facility, excluding necessary maintenance periods.
(v) The contract recipient agrees to allow the installation, existence and use of the sewage pumpout or dump unit by granting an irrevocable license for a minimum of ten years at no cost to the commission.
(b) Contracts awarded pursuant to (a) of this subsection shall be subject, for a period of at least ten years, to the following conditions:
(i) Any contract recipient entering into a contract under this section must allow the boating public access to the sewage pumpout or dump unit during operating hours.
(ii) The contract recipient must agree to monitor and encourage the use of the sewage pumpout or dump unit, and to cooperate in any related boater environmental education program administered or approved by the commission.
(iii) The contract recipient must agree not to charge a fee for the use of the sewage pumpout or dump unit.
(iv) The contract recipient must agree to arrange and pay a reasonable fee for a periodic inspection of the sewage pumpout or dump unit by the local health department or appropriate authority.
(v) Use of a free sewage pumpout or dump unit by the boating public shall be deemed to be included in the term "outdoor recreation" for the purposes of chapter 4.24 RCW.
[2000 c 11 § 112; 1993 c 244 § 33; 1989 c 393 § 5. Formerly RCW 88.12.325, 88.12.400, and 88.36.050.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.550
Development by department of ecology of design, installation, and operation of sewage pumpout and dump units — Rules.
The department of ecology, in consultation with the commission, shall, for initiation of the statewide program only, develop criteria for the design, installation, and operation of sewage pumpout and dump units, taking into consideration the ease of access to the unit by the boating public. The department of ecology may adopt rules to administer the provisions of this section.
[1993 c 244 § 34; 1989 c 393 § 6. Formerly RCW 88.12.335, 88.12.410, and 88.36.060.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.560
Boater environmental education program.
The commission shall undertake a statewide boater environmental education program concerning the effects of boat wastes. The boater environmental education program shall provide informational materials on proper boat waste disposal methods, environmentally safe boat maintenance practices, locations of sewage pumpout and dump units, and boat oil recycling facilities.
[1993 c 244 § 35; 1989 c 393 § 7. Formerly RCW 88.12.345, 88.12.420, and 88.36.070.]
Notes: Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.570
Grants for environmental education or boat waste management planning.
The commission shall award grants to local government entities for boater environmental education or boat waste management planning. Grants shall be allocated according to criteria developed by the commission.
[1989 c 393 § 8. Formerly RCW 88.12.355, 88.12.430, and 88.36.080.]
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79A.60.580
Review of programs by commission.
The commission shall, in consultation with interested parties, review progress on installation of sewage pumpout and dump units, the boater environmental education program, and the boating safety program.
[1999 c 249 § 1508; 1993 c 244 § 36; 1989 c 393 § 9. Formerly RCW 88.12.365, 88.12.440, and 88.36.090.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.590
Allocation of funds.
The amounts allocated in accordance with *RCW 82.49.030(3) shall be expended upon appropriation in accordance with the following limitations:
(1) Thirty percent of the funds shall be appropriated to the interagency committee for outdoor recreation and be expended for use by state and local government for public recreational waterway boater access and boater destination sites. Priority shall be given to critical site acquisition. The interagency committee for outdoor recreation shall administer such funds as a competitive grants program. The amounts provided for in this subsection shall be evenly divided between state and local governments.
(2) Thirty percent of the funds shall be expended by the commission exclusively for sewage pumpout or dump units at publicly and privately owned marinas as provided for in RCW 79A.60.530 and 79A.60.540.
(3) Twenty-five percent of the funds shall be expended for grants to state agencies and other public entities to enforce boating safety and registration laws and to carry out boating safety programs. The commission shall administer such grant program.
(4) Fifteen percent shall be expended for instructional materials, programs or grants to the public school system, public entities, or other nonprofit community organizations to support boating safety and boater environmental education or boat waste management planning. The commission shall administer this program.
[2000 c 11 § 113; 1993 c 244 § 37; 1989 c 393 § 11. Formerly RCW 88.12.375, 88.12.450, and 88.36.100.]
Notes: *Reviser's note: RCW 82.49.030 was amended by 2000 c 103 § 18, deleting subsection (3).
Intent -- 1993 c 244: See note following RCW 79A.60.010.
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79A.60.595
Commission to adopt rules.
The commission shall adopt rules as are necessary to carry out all sections of chapter 393, Laws of 1989 except for RCW 79A.60.550 and 82.49.030. The commission shall comply with all applicable provisions of chapter 34.05 RCW in adopting the rules.
[1999 c 249 § 1509; 1989 c 393 § 14. Formerly RCW 88.12.385, 88.12.460, and 88.36.110.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.60.600
Liquid petroleum gas leak warning devices — Findings.
(1) The legislature finds that:
(a) Washington state has the greatest length of marine shoreline miles of the lower forty-eight states;
(b) Such marine waters and the extensive freshwater lakes and rivers of the state provide innumerable recreational opportunities, and support a state recreational vessel population that is one of the largest in the country;
(c) Many of Washington's popular recreational waters are remote from population centers and thus remote from emergency health care facilities;
(d) Washington's climate in the western portion of the state, in which its marine recreational waters lie, is cool and wet for much of the year. Much of the state's recreational vessel activity is conducted in the late fall and winter months in connection with fishing activities. For these reasons the great majority of Washington vessels are equipped with heating devices. These appliances are in use for a much greater portion of the boating season than in other states, and are predominantly fueled by liquid petroleum gas;
(e) Current state and federal standards governing heating and cooking appliances on vessels that are fueled by liquid petroleum gas do not adequately protect against undetected gas leaks. Such gas leaks have led to explosions on Washington waters, causing loss of life and property damage;
(f) The commission coordinates a statewide program of boating safety education to communicate accident prevention information to boaters at risk of fires, explosions, and other hazards, and administers a boating accident reporting program to assess the effectiveness of accident prevention measures.
(2) It is the intent of the legislature to address the state's unique local circumstances regarding inadequate protection of Washington's boaters from undetected leaks of liquid petroleum gas-fueled appliances by incorporating into the boating safety program an intensified boating fire prevention program with special emphasis on preventing fires and carbon monoxide poisoning caused by auxiliary fuels and appliances.
[1994 c 151 § 1; 1993 c 469 § 1. Formerly RCW 88.12.500.]
Notes: Severability -- 1993 c 469: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 469 § 7.]
Effective date -- 1993 c 469: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 17, 1993]." [1993 c 469 § 8.]
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79A.60.610
Recreational boating fire prevention education program.
The commission shall undertake a statewide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems and the hazards of carbon monoxide. The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.
[1994 c 151 § 2. Formerly RCW 88.12.505.]
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79A.60.620
Small spill prevention education program.
(1) The Washington sea grant program, in consultation with the department of ecology, shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas. Washington sea grant shall coordinate the spill prevention education program with recreational boater education performed by the state parks and recreation commission.
(2) The spill prevention education program shall illustrate ways to reduce oil contamination of bilge water, accidental spills of hydraulic fluid and other hazardous substances during routine maintenance, and reduce spillage during refueling. The program shall illustrate proper disposal of oil and hazardous substances and promote strategies to meet shoreside oil and hazardous substance handling, and disposal needs of the targeted groups. The program shall include a series of training workshops and the development of educational materials.
[2000 c 11 § 114; 1991 c 200 § 110. Formerly RCW 90.56.090.]
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79A.60.630
Boating safety education — Commission's duties — Fee — Report to the legislature.
(1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under RCW 79A.60.640(3) are required to obtain a boater education card by January 1, 2016. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing 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.
(2) As part of the boating safety education program, the commission shall:
(a) Establish a program to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:
January 1, 2008 - All boat operators twenty years old and younger;
January 1, 2009 - All boat operators twenty-five years old and younger;
January 1, 2010 - All boat operators thirty years old and younger;
January 1, 2011 - All boat operators thirty-five years old and younger;
January 1, 2012 - All boat operators forty years old and younger;
January 1, 2013 - All boat operators fifty years old and younger;
January 1, 2014 - All boat operators sixty years old and younger;
January 1, 2015 - All boat operators seventy years old and younger;
January 1, 2016 - All boat operators;
(b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;
(c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;
(d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;
(e) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;
(f) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by chapter 392, Laws of 2005, 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;
(g) Establish a fee for the replacement of the boater education card that covers the cost of replacement;
(h) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;
(i) Approve and provide accreditation to boating safety education courses offered online; and
(j) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.
[2005 c 392 § 3.]
Notes: Intent -- 2005 c 392: "It is the intent of the legislature to establish a boating safety education program that contributes to the reduction of accidents and increases the enjoyment of boating by all operators of all recreational vessels on the waters of this state. Based on the 2003 report to the legislature titled "Recreational Boating Safety in Washington, A Report on Methods to Achieve Safer Boating Practices," the legislature recognizes that boating accidents also occur in nonmotorized vessels in this state, but, at this time there is no national educational standard for nonmotorized vessels. Therefore, the commission is hereby authorized and directed to work with agencies and organizations representing nonmotorized vessel activities and individuals operating nonmotorized vessels to decrease accidents of operators in these vessels. It is also the intent of the legislature to encourage boating safety education programs that use volunteer and private sector efforts to enhance boating safety and education for operators of nonmotorized vessels to work closely with the state parks and recreation commission in its efforts to reduce all boating accidents in this state." [2005 c 392 § 1.]
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79A.60.640
Requirements to operate motor driven boats/vessels — Exemptions — Penalty.
(1) No person shall operate or permit the operation of motor driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person:
(a) Is at least twelve years of age, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190; and
(b)(i) Has in his or her possession a boater education card, unless exempted under subsection (3) of this section; or
(ii) Is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a boater education card, or who is not yet required to possess the card as provided in the program phase in RCW 79A.60.630(2)(a).
(2) Any person who can demonstrate they have successfully completed, prior to July 24, 2005, a boating safety education course substantially equivalent to the standards adopted by the commission shall be eligible for a boater education card upon application to the commission and payment of the fee, without having to take a course or equivalency exam as provided in RCW 79A.60.630(1). Successful completion of a boating safety education course could include an original or copy of an original certificate issued by the commission, the United States coast guard auxiliary, or the United States power squadrons, or official certification by these organizations that the individual successfully completed a course substantially equivalent to the standards adopted by the commission.
(3) The following persons are not required to carry a boater education card:
(a) 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;
(b) 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 either a valid marine operator license issued by the United States coast guard or a boater education card;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) Any person, including those less than twelve years of age, who is 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;
(i) Any person who is not yet required to have a boater education card under the phased schedule in RCW 79A.60.630(2)(a); and
(j) Any person born before January 1, 1955.
(4) Except as provided in subsection (3)(a) through (i) of this section, a boater must carry a boater education card while operating a vessel and is required to present the boater education card, or alternative license as provided in subsection (3)(a) and (b) of this section, to a law enforcement officer upon request.
(5) Failure to possess a boater education card required by this section is an infraction under chapter 7.84 RCW. The penalty shall be waived if the boater provides proof to the court within sixty days that he or she has received a boater education card.
(6) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an engine power of fifteen horsepower or greater to a person without first reviewing with that person, and all other persons who may be permitted by the person to operate the vessel, all the information contained in the motor vessel safety operating and equipment checklist.
[2005 c 392 § 4.]
Notes: Intent -- 2005 c 392: See note following RCW 79A.60.630.
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79A.60.650
Boating safety education certification account.
The boating safety education certification account is created in the custody of the state treasurer. All receipts from fees collected for the issuance of a boater education card shall be deposited in the account and shall be used only for the administration of RCW 79A.60.630 and 79A.60.640. Only the state parks and recreation commission may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[2005 c 392 § 5.]
Notes: Intent -- 2005 c 392: See note following RCW 79A.60.630.