Washington Administrative Code

The definitions in this section apply throughout this title unless it is expressly stated, or context clearly requires, otherwise.[Statutory Authority: RCW 43.21I.030, 88.46.010, 88.46.040 and 88.46.050. WSR 93-07-004, § 317-05-010, filed 3/4/93, effective 4/4/93.]

(1) "Administrator" means the administrator of the office of marine safety.(2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.(3) "Cargo vessel" means a…

In computing a period of time established by these rules, the day of the act, incident, or default which starts the period prescribed is not included. If the last day of the period falls on a Saturday, Sunday, or legal holiday, the period is extended until the end of the next day…

This chapter implements the cargo and passenger vessel screening and boarding program under RCW 88.46.050 to:(1) Protect the state's natural resources;(2) Provide for safe marine transportation in state waters; and(3) Determine whether cargo and passenger vessels entering or oper…

Owners and operators of cargo and passenger vessels entering or operating in state waters shall comply with the provisions of this chapter.[Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-020, filed 6/5/96, effective 7/6/96.]

Unless the context clearly requires otherwise, the definitions in chapter 317-05 WAC and the following apply to this chapter.(1) "Boarding checklist" means a checklist used by vessel inspectors from the office as a guideline to determine the risk a vessel poses to the public heal…

(1) The office may screen any cargo or passenger vessel, except fishing vessels and vessels subject to chapter 317-21 WAC, entering or operating in state waters to determine a vessel's potential risk based on vessel information collected by the office. The office may collect info…

(1) A cargo or passenger vessel owner or operator shall submit a notice of entry to the office by telefax or telephone at least twenty-four hours before the vessel enters state waters. An owner or operator of a vessel in intrastate operation is exempt from this provision if in co…

(1) If a cargo or passenger vessel is underway more than fifty percent of the time in state waters in a calendar year, the vessel's owner or operator shall submit to the office a written schedule of the vessel's typical operations before operating the vessel in state waters.(2) T…

(1) The owners or operators of cargo and passenger vessels shall submit a safety report to the office that indicates the existence of any of the following vessel conditions:(a) Any abnormality or malfunction of any steering, propulsion or safety systems, or navigation systems req…

If a condition described in WAC 317-31-130(1) arises after a notice of entry or notice of intrastate operation is submitted, the owner or operator shall immediately notify the office of the condition by telefax or telephone. A written safety report meeting the requirements of WAC…

Accepted industry standards are those standards established under WAC 317-31-220 for cargo and passenger vessels, or WAC 317-31-230 for fishing vessels, and applicable requirements of the following international conventions and federal regulations:(1) The International Convention…

(1) The office shall determine whether a vessel poses a substantial risk after boarding and inspecting the vessel during its scheduled stay in port, or upon notice of any condition on board that poses a substantial risk of harm to the public health and safety and the environment.…

(1) This section establishes a process for modifying accepted industry standards as established by the advisory group on cargo and passenger vessel substantial risk criteria and noticed in the Washington State Register, No. 96-03-082. The purpose of this section is to establish a…

(1) This provision establishes a process for establishing and modifying accepted industry standards for fishing vessels. The purpose of this section is to establish a process that results in enforceable standards while affording vessels owners and operators substantial input and …

(1) The owner or operator of a cargo, passenger, or fishing vessel that experiences an event in state waters shall submit a report to the office immediately on request or, if not requested, no later than thirty days after the date of the event. Each report must contain:(a) The da…

(1) Vessel inspectors may board and inspect a cargo or passenger vessel during the vessel's scheduled stay in port that poses a high potential risk under WAC 317-31-100. Vessel inspectors may also board and inspect cargo or passenger vessels the office has reason to believe may p…

If the office determines that a cargo or passenger vessel poses a substantial risk, the office may:(1) Request that the U.S. Coast Guard deny entry; or(2) Issue an order under RCW 88.46.070 (2) or (3) that allows the vessel to enter or operate in state waters subject to condition…

A person who violates the provisions of this chapter or orders issued under this chapter, is subject to civil and criminal penalties and procedures under RCW 88.46.080 and 88.46.090.[Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077, § 317-31-310, filed 6/5/96, eff…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: RCW 88.46.050 and 43.21I.030. WSR 96-12-077,…

This chapter establishes minimum standards for safe bunkering operations to reduce the likelihood of an oil spill by:(1) Emphasizing the importance of proper procedures, communication and monitoring before, during and after a bunkering operation;(2) Ensuring that the duties of ea…

This chapter applies to all bunkering operations to refuel a self-propelled covered vessel 300 gross tons or more, and to all owners, operators, persons-in-charge, and other personnel involved in bunkering in state waters.[Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94…

Unless the context clearly requires otherwise, the definitions in chapter 317-05 WAC and the following apply to this chapter:(1) "Bunkering" means an oil transfer operation to replenish a self-propelled covered vessel 300 gross tons or more with fuel or bunkers used to propel the…

(1) All bunkering and personnel involved in bunkering must comply with applicable provisions of federal law and regulations governing licensing, documentation, and oil transfer operations under 33 C.F.R. Sec. 155 and 156, and 46 C.F.R. Sec. 12, 15, and 35.(2) Federal law and regu…

Receiving vessel personnel on a covered vessel being refueled in state waters shall comply with the requirements of this section.(1) Training. Except for a receiving vessel subject to subsection (2) of this section, a receiving vessel's person in charge shall conduct a training s…

During the pretransfer conference, the person in charge for a receiving vessel being refueled by a facility shall ensure that the receiving vessel's personnel comply with these rules and with the facility's operations manual as required under chapter 173-180B WAC.[Statutory Autho…

(1) If any of the receiving vessel's personnel discovers an oil spill either on deck outside fixed containment, or on the water, or believes an oil spill is likely, he or she shall request immediate shutdown of the bunkering operation.(2) The delivering vessel's personnel shall i…

(1) Before any oil is transferred during bunkering, the receiving vessel's person in charge and the delivering vessel's or facility's person in charge shall hold a pretransfer conference as required under 33 C.F.R. Sec. 156.120. The persons in charge shall meet in person onboard …

Delivering vessel personnel may not begin bunkering unless:(1) The tanker man meets the certification requirements under 46 C.F.R. Subpart 12.20 and has undergone annual training to become familiar with the requirements of this chapter.(2) Access is provided to and from the recei…

Receiving and delivering vessel personnel involved in bunkering may not work more than 15 hours in any 24-hour period nor more than 36 hours in any 72-hour period except in an emergency or spill response operation. For purposes of this section, "emergency" means an unforeseen sit…

(1) The master of a receiving vessel or his designee shall record in the vessel's official or deck log the date and time of the receiving vessel training session required under WAC 317-40-060(1), and the name and rating of who attended, immediately upon completion of the session.…

(1) Owners and operators of receiving and delivering vessels must ensure that the procedures required under this chapter are implemented and followed on their vessels.(2) Owners and operators shall ensure that records are kept as required by this chapter and federal regulations.[…

[Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-110, filed 7/29/94, effective 10/29/94.]

[Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-120, filed 7/29/94, effective 10/29/94.]

(1) In the event oil is spilled into the water, or discharged onto either the receiving or delivering vessel's deck outside fixed containment, the vessel’s persons in charge shall immediately shut down the bunkering operation.(2) Bunkering may not resume until:(a) Notification is…

(1) Upon request by the office, an owner or operator of a receiving or delivering vessel involved in bunkering in state waters shall demonstrate compliance with this chapter. The owner or operator shall make available to the office any or all of the following: (a) The receiving v…

(1) Failure to comply with the requirements of chapter 88.46 RCW, the provisions of this chapter, or any order or administrative action issued by the office under this chapter, the office may:(1) Order an immediate shutdown of the bunkering procedure;(2) Require additional person…

This chapter shall take effect 90 days after the order adopting these rules is filed with the office of the code reviser.[Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076, § 317-40-900, filed 7/29/94, effective 10/29/94.]

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: RCW 88.46.170 and 43.21I.030. WSR 94-16-076,…

Pursuant to section 7, chapter 250, Laws of 1971 ex. sess., and RCW 42.30.070, regular meetings of the commission on Hispanic affairs shall be six public meetings, provided there are sufficient funds in the commission's budget. Such meetings shall be held at a place designated by…

The purpose of this chapter shall be to ensure compliance by the commission on Hispanic affairs with the provisions of chapter 42.56 RCW.[Statutory Authority: RCW 43.115.040. WSR 08-07-001, § 322-12-020, filed 3/5/08, effective 4/5/08; Order 1, § 322-12-020, filed 12/9/74.]

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.(2) "…

The administrative office of the commission and its staff is located at: Commission on Hispanic Affairs, 210 11th Avenue S.W., Suite 301A, Olympia, Washington 98504-0924.[Statutory Authority: RCW 43.115.040. WSR 08-07-001, § 322-12-040, filed 3/5/08, effective 4/5/08; Order 1, § …

All public records of the commission, as defined in WAC 322-12-030 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW and WAC 322-12-110.[Statutory Authority: RCW 43.115.040. WSR 08-07-001, § 322…

The commission's public records shall be in the charge of the public records officer designated by the commission. The person so designated shall be located in the administrative office of the commission. The public records officer shall be responsible for the following: The impl…

Public records shall be available for inspection and copying during the customary office hours of the commission. For the purposes of this chapter, the customary hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 5:00, Monday through Friday, excluding legal holidays.[Ord…

In accordance with requirements of chapter 42.56 RCW, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copi…

No fee shall be charged for the inspection of public records. The commission shall charge a fee of ten cents per page of copy for providing copies of public records and for use of the commission's copy equipment. This charge is the amount necessary to reimburse the commission for…

(1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 322-12-090 is exempt under the provisions of chapter 42.56 RCW.(2) In addition, pursuant to chapter 42.56 RCW, the commission reserves the right to …

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff …