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    All aspects of boating have become more complex in recent years.  There are numerous laws and regulations that affect boating.  

    Curt Epperson's book Keeping Your Boat Legal: The Boating Legal Guide (Fine Edge Nautical Knowledge) explains many of the legal requirements and is recommended reading.  

    On this page we summarize subjects of interest to Pacific NW boaters. For more detail on various subjects, go to our Legal Q & A page OR our Q & A Archives.

  For into on Coast Guard requirements and specifications for vessel equipment visit the Coast Guard Lifesaving and Fire Safety Division page.

Click on the poster links below to see posters showing USCG minimum equipment requirements, Washington State requirements, and Canada requirments.

Do you wear a life jacket?  The discussion continues regarding mandatory wearing of life jackets on boats.  The National Boating Safety Advisory Council asked the Coast Guard to consider mandating that anyone aboard a boat less than 18-feet long be required to wear a life jacket when underway. In addition it asks that all those being towed in water sports, riding personal watercraft, or in human-powered boats of any length be required to wear life jackets as well.  For more details and an opportunity to comment see the full article in Boat US Magazine.  http://www.boatus.com/magazine/2011/June/reports.asp

Federal budget negotiations include proposals to end the tax deduction for interest on boat loans. There is no question that Federal spending will be constrained in the future. As part of this process many politicians have adopted the mantra of "tax spending", meaning that they are targeting tax deductions and tax credits on a variety of activities.  This may include the deduction of interest on some boat loans.  For more into see the following article.  http://www.thelog.com/news/logNewsArticle.aspx?x=12315

Washington State has a new law banning copper bottom paint on recreational boats less than 65', beginning in 2020.  The new ban does not apply to commercial vessels or to large yachts.  Go figure.  The idea is to spur development of new bottom paints that do not contain copper.  We shall see.  For more information see the article in the June 2011 issue of Northwest Yachting. Click on the following link and then download the PDF version of the magazine.   http://www.nwyachting.com/.

There are important new regulations affecting whale watching (Orcas) in Washington State.  Do not appoach closer than 200 yards and stay 400 yards out of an Orca's path.  Here's a link to some FAQ's.  http://blog.seattlepi.com/candacewhiting/2011/04/09/questions-answers-on-the-noaa-fisheries-vessel-regulations-for-killer-whales/

Canada is being urged to adopt similar rules.

http://www.globaltvbc.com/technology/activist+urges+canada+adopt+washington+stricter+whale+watching+rules/4591663/story.html

In 2009, President Obama established an Interagency Ocean Policy Task Force to set national priorities and develop actions that would address "the most pressing problems facing the ocean, our coasts and the Great Lakes." This continues to be a work in progress.  It is important that all boat owners be aware that this process is ongoing and will undoubtedly lead to recommendations for new federal legislation that will impact recreational boating.  Additionally, given the record of the current administration to take unilateral action without legislation, the process may result in new rules enacted by various federal agencies without Congressional action or approval.  

Click here to read the National Ocean Policy Strategic Action Plans.

Click here to read BoatUS comments on the Interagency Ocean Policy Task Force.

The Coast Guard is serious about vessel inspection and compliance with SECURITY ZONE requirements.  READ THE FOLLOWING MEDIA ADVISORY FROM DECEMBER 2010:  

DATE: December 13, 2010 11:49:17 AM PST Media Advisory: Coast Guard to employ warning tool in Puget Sound

"SEATTLE - The Puget Sound-area Coast Guard will begin employing flashbang munitions as a means to warn non-compliant boaters that they are entering a security zone. This notification is being made to bring awareness to Puget Sound boaters, and to assist the Coast Guard with uninterrupted and safe vessel escort operations.

The Coast Guard routinely escorts vessels transiting within Puget Sound, enforcing moving security zones around US Navy ships, Washington State ferries, cruise ships, and tank ships.  As a part of enforcing these security zones, the Coast Guard is outfitting escort crews with flashbang munitions fired from a 12-gauge shotgun. The flashbang munitions can be fired from a Coast Guard vessel into the path of a vessel that has failed to respond to radio calls and other signals to halt.  Once fired, a plastic and aluminum projectile will ignite after approximately 100-meters to create a bright flash of light and loud sound. This is a safe and effective method to gain the attention of a vessel and accurately determine its intent prior to utilizing more aggressive tactics to enforce security zones around vessels and facilities.

"The Coast Guard, working with local and state authorities, conducts a vital and complex maritime security mission," said Capt. Eric Chamberlin, Chief of Response for the Thirteenth District, in Seattle. "We are always looking for safe, effective opportunities to better protect our waterways. This new tool will give Coast Guard escort crews the ability to send an unmistakable signal to vessels."

If boaters see or hear a flash-bang round, they should slow down, establish voice communication with the Coast Guard Patrol Commander on VHF channel 16 and follow the direction of the Coast Guard."

FOR MORE INFORMATION YOU CAN READ ONLINE THE BOATERS GUIDE TO FEDERAL REQUIREMENTS FOR RECREATIONAL VESSELS.  IT IS YOUR RESPONSIBILITY TO KNOW AND FOLLOW THESE RULES.

Do you need more info. about boating safety requirements?  Visit the Coast Guard Boating Safety and Resource Center homepage.

The Coast Guard regularly issues safety alerts and recall notices.  For more info., Click Here.

Paralytic Shellfish Poisoning:  (AKA "red tide").  Due to the presence of PSP toxin in tested shellfish, there are large closures of shellfish harvesting in Washington State.  All of San Juan County is closed (as of 7/9/2010).  Before eating bi-valve shellfish such as clams, oysters, and mussels, check for PSP status for the area you are in.  Washington State Dep't of Health has a website called Shellfish Safety Information.  Crabs are not included in the closure but it is recommended that crabs be cleaned of all visera and guts before cooking.

Fishing in Puget Sound and the San Juan Islands.  Due to the decline in rockfish populations fishing in Washington saltwater areas has been significantly restricted.  Three rockfish species have been listed for protection under the federal Endangered Species Act.  If you plan to fish in Puget Sound or the San Juan Islands read carefully the 2010 WDFW Sport Fishing Regulation Pamphlet.  Click here for a PDF version.

Whale Watching in the San Juan Islands and Puget Sound.  Orca whale watching (killer whales) is a favorite summer boating activity. However, there are state and federal laws to obey. Orca whales are protected under the U.S. Endangered Species Act and under the U.S. Marine Mammal Protection Act.  A fun and safe way to see Orcas is to book a trip on one of the numerous whale watching tours operating from many ports in Washington and British Columbia.  For some excellent viewing guidelines visit the Pacific Whale Watch Association website.  For additional information and links see the Whale Museum Organization web-page.

Going to Canada?  Pay your CBP User Fee and get your CBP Decal.  If your boat is over 30' you need to pay an annual "user fee" to re-enter the U.S. after visiting Canada (or any foreign country).  You will receive a decal that must be displayed on your boat.  When you re-enter the U.S. you will be asked for the decal number.   You can open an account with the Customs and Border Protection (CBP) online and purchase the decal online but the CBP website is cumbersome, slow, and glitchy.  It's easier to simply download the PDF form, fill it out, and fax it to the CBP.  The decal will arrive by mail quickly.  The website is http://www.cbp.gov/xp/cgov/travel/pleasure_boats/.

You can call 1-317-298-1245 for more information.

Planning to cruise the San Juan Islands?  There are nightly moorage fees at Washington Marine Parks.  You must register and pay to tie up at a buoy or dock.  However, you can purchase an annual permit.  It may save you money and it makes registration quick and easy .  Go to http://www.parks.wa.gov/boating/moorage/?subject=permit or you can print out an application and mail it.  You can also purchase a permit in person from a ranger at a Marine Park.  Permits cost just $3.50 per foot.  It's a good deal and you will be helping to support our Marine Parks!

Is it time to renew your vessel registration?  Washington State has online vessel registration renewal.  Just go to http://www.dol.wa.gov/vehicleregistration/renewboat.html.  Washington is eliminating yearly renewal reminders via mail but you can sign up for an e-mail reminder.  

Clean Your Boat:  But Keep it Legal.  It's time for spring cleaning.  For most of us, that includes washing off the dirt and bird poop accumulated during the off season months.  However, there are some very specific laws that apply to our spring cleaning and maintenance.  It's not legal to scrub the bottom of your boat while it is in the water if you have ablative (soft) bottom paint and it's not legal to pollute the water with detergents or other products while washing your boat.  For more info see the Washington Boat Cleaning Poster.   For rules about cleaning topsides, visit  http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/hull.html.  To read the relevant laws visit

http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/laws.html.

Check Your Flares!  USCG rules require visual distress signals approved for night and day use on vessels over 16'.  Exceptions are open sailboats less than 26' with no propulsion and manually propelled boats, both required to carry night only flares.  Requirements are three day/night devises, or three night only and three day only.  Flares must be serviceable, not expired, and stowed where accessible.  Even if not expired, you should check your flares twice a year to be sure they are in operational condition.  Even flares stowed in watertight containers may deteriorate before the expiration date.  To see results of flare tests go to www.BoatUS.com/foundation/findings/findings45.

Boating Accident Reporting.  Washington law requires that boating accidents be reported if loss of life occurs or if there is an injury that requires medical treatment beyond first aid, or if a person disappears under circumstances indicating death or injury, or if property damage exceeds $2,000.00.  If there is disappearance or death the report must be within 48 hours.  All other reports must be within 10 days.  Reports go to the county or agency with jurisdiction of the area where the accident occurred.  If you don't know call the Washington State Boating Programs at (360) 902-8555.   Click on this link for a Washington Boat Accident Report form.

Boater Education and Competency in Washington and British Columbia.  Both Washington and British Columbia have mandatory requirements.  For a discussion, visit our  Q & A archives.

Required Equipment on U.S. Vessels.  Check your vessel for compliance with federal and state equipment requirements every season.  Operators without required items will fail inspections and may receive citations and fines.  For a list of the federal equipment requirements visit the Vessel Safety Check website.  If you want to read the Washington Statutes go to RCW 79A.60, Regulation of Recreational Vessels.

Required Equipment on Canadian Vessels.  All Canadian registered vessels must comply with Canadian equipment requirements.  Foreign vessels navigating in Canada must comply with the requirements of the country in which they are registered.  Some U.S. requirements are less stringent than Canadian requirements.  For more information visit the Canada Office of Boating Safety.

VHF Radio License Requirements.

    Canadian vessels with VHF radios visiting the U.S. must have a VHF Station License.  Canadian citizens boating in Canada must have a Restricted Operator Certificate (Maritime) - ROC(M).   For more information visit the Canadian Power and Sail Squadron web page at http://www.cps-ecp.ca/ or the Gulf Islands Cruising School page at  http://www.cruising.bc.ca/vhf.htm

    U.S. law allows recreational boaters (U.S. citizens) to use a VHF radio in U.S. waters without an FCC ship station license.  However, U.S. boaters that travel to foreign ports must have an FCC ship station license.  

    U.S. citizens can apply for a ship station license from the FCC.  You can obtain the necessary forms online or apply online.  For a copy of the application form with instructions go to http://www.fcc.gov/Forms/Form605/605main.pdf.  To apply online visit the FCC at http://wireless.fcc.gov/uls/index.htm?job=home.

Chart Requirements While Visiting Canada.   Every so often we hear mis-information regarding chart requirements in Canada.  Last year a shop-owner (licensed chart seller) told us we must have paper charts for all areas we would visit.  Even though we carry paper charts (and strongly recommend it), it's not a cut and dry legal requirement.  In Canada, if your vessel is under 100 gross tons you are not required to carry navigation publications such as Notices to Mariners and Sailing Directions and paper charts so long as you know the location and type of charted shipping routes, lights, buoys and marks, boating hazards, and the area's usual boating conditions such as tides, currents, ice, and weather patterns.  For more info, consult Canada Department of Justice.

Firearms and visiting Canada.  Every year at our boat show presentations we get questions about firearms on boats going to Canada.  The laws are detailed and specific.  Most firearms are "restricted" and many are "prohibited" and penalties for violations can be severe, including vessel seizure, large monetary fines, and time in prison.  If you have any intention to bring a firearm, or ammunition, into Canada you must know the requirements.  Begin your education by following this link:  Firearm Users Visiting Canada.

Gulf Islands National Park.  In 2003 Canada established the "Gulf Islands National Park Reserve" to safeguard ecologically sensitive areas in the Gulf Islands.  Some marine parks and areas have received significant improvements and new regulations.  For general information, follow this link.  Parks Canada/Gulf Islands.  If you want some more specific information get the Travel Planner or Visitor's Guide.  

Alcohol and Boating.  Many people have questions about the consumption of alcohol beverages while boating.  There is an increased focus on this by Coast Guard personel and other law enforcement agents.  For a more complete discussion visit our Q & A Archives page or go to the U.S. Coast Guard Boating Safety webpage.

Carbon Monoxide Sticker.  Boats in Washington state must have a carbon monoxide warning sticker (except for personal watercraft). They look like this:

The sticker must be clearly displayed inside the boat.  You can get a sticker by visiting a vehicle licensing office or call the Department of Licensing at 360 902-3812. You can request a sticker when you register your boat or renew your registration.  For more info visit DOL Carbon Monoxide warning sticker. 

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