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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.  

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

USCG poster WA State poster Canada poster  

 

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.

 

April 27, 2010 WDFW statement on the listing of 3 Puget Sound rockfish species for protection under the ESA

 

The following statement is from Phil Anderson, director of the Washington Department of Fish and Wildlife (WDFW):

“Today’s decision by NOAA-Fisheries to list three Puget Sound rockfish species for protection under the Endangered Species Act (ESA) is the latest step in an on-going effort to conserve and rebuild these important, slow-growing and highly vulnerable fish. Since the 1980s, WDFW has attempted to stop the decline by imposing increasingly stringent measures to protect Puget Sound rockfish and welcomes federal support for this effort.

“To provide additional protection for these fish, WDFW recently closed fishing for all species of rockfish from southern Puget Sound north to the Canadian border and west to Port Angeles, effective May 1. In addition, anglers fishing for other bottomfish in Puget Sound will be required to observe a 120-foot depth restriction. This new measure is specifically designed to reduce mortality of rockfish incidentally intercepted in these fisheries.

 

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.  In Washington State, RCW 77.15.740 makes it unlawful to approach with 300’ of any Orca (killer whale) either by boat or otherwise, or to intercept (remain in the whale’s path) within 300’, or to fail to disengage the transmission when within 300’, or to feed any Orca.  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 webpage.

 

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.  To learn more, see our Legal Q & A page.

 

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, consult the Canadian Minimum Equipment Requirements for Pleasure Craft or visit Transport Canada Minimum Safety Equipment Requirements.

 

VHF Radio License Requirements.

    Canadian vessels with VHF radios visiting the U.S. must have a VHF Station License.  A station license is not required for Canadian boaters in Canadian waters.  For more information visit the Canadian Power and Sail Squadron Maritime Radio Certificate webpage.

    

    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 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 miss-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 Transport Canada, Before You Go.   Read the Canadian statute here: Canada Dep't of Justice web-page.

 

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:

Carbon monoxide sticker

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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