PDFWAC 220-460-050
Whale watching vessel designation requirements and required operator and paddle guide documentation.
(1) RCW 77.65.615 requires commercial whale watching businesses to designate the motorized vessel(s) that will be used for commercial whale watching. It is unlawful to engage in commercial whale watching activities unless:
(a) The licensee has designated all commercial whale watching motorized, including sailing, vessels to be used;
(b) The department has issued a commercial license to the licensee showing the motorized vessel so designated; and
(c) The person conducting commercial whale watching activities on behalf of the business has the appropriate documentation in physical possession.
The operator of a motorized or sailing vessel must have both the commercial whale watching business license listing the vessel and their individual operator license for the current calendar year in physical possession.
(2) The licensee does not have to own the vessel being designated on the license.
(3) For motorized or sailing vessels, the commercial whale watching business licensee must provide applicable documentation numbers such as a hull identification number (HIN), current United States Coast Guard or Transport Canada certification inspection documentation, and/or a vessel registration number.
(4) It is unlawful to engage in paddle tour activities unless the person conducting paddle tour activities on behalf of the business has the appropriate documentation in physical possession.
The guide of a commercial paddle tour must have their individual paddle guide license in physical possession and must have either the commercial whale watching business license for the current calendar year or a printed or digital scan thereof.
[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, and 77.65.620. WSR 24-14-067 (Order 23-15), § 220-460-050, filed 6/27/24, effective 7/28/24. Statutory Authority: RCW 77.65.615 and 77.65.620. WSR 21-23-070, § 220-460-050, filed 11/15/21, effective 12/16/21. Statutory Authority: RCW 77.12.047, 77.65.615, 77.65.620, 77.15.020, 77.15.160, 77.04.012, 77.04.55 [ 74.05.055]. WSR 21-01-216 (Order 20-264), § 220-460-050, filed 12/23/20, effective 1/23/21.]