Requirements for Long Term Moorage Providers

There are new requirements for vessel moorage providers in Chapter 195, Laws of 2014, Second Substitute House Bill (SSHB) 2457.

Audience:

Private and public moorage facilities including:

• Marinas.
• Boat houses.
• Yacht clubs.
• Harbors.
• Docks.
• Landings.
• Resorts.
• Ports.

Moorage Providers Must Obtain Vessel Information

Effective June 12, 2014, a moorage provider that provides long-term moorage (more than 30 consecutive days, including continuing month-to-month moorage agreements) must obtain the following information and documentation from persons entering into or renewing long-term moorage agreements:

• The name and legal owner of the vessel.
• A local contact person and that person’s address and telephone number, if different than the owner.
• The owner’s address and telephone number.
• The vessel’s hull identification number.
• If applicable, the vessel’s coast guard registration.
• The vessel’s home port.
• The date on which the moorage began.
• The vessel’s country or state of registration and registration number.
• Proof of vessel registration, a written statement of the moorage lessee’s intent to register the vessel, or the exemption affidavit certifying that the vessel is exempt from state registration requirements.

A moorage provider must maintain records of the information required above for at least two years.

Notice of Vessel Registration and Tax Requirements

For long-term moorage agreements entered into or renewed on or after July 1, 2014 for vessels not registered (under chapter 88.02) in this state, moorage providers must include with the agreement the notice of vessel registration and tax requirements, which explains requirements for the following:

• Registration
• Retail sales and use tax
• Watercraft Excise Tax and specific fees
• Listing commercial vessels with the Department of Revenue (DOR) for purposes of the Commercial Vessel Tax.

Moorage Providers must Provide Vessel Information

Upon request, a moorage provider must either:

A. Permit any authorized agent of DOR, the Department of Natural Resources (DNR), or the Department of Licensing (DOL) to:

1. Inspect the moorage facility for vessels that are not registered or listed as required by law; and
2. Inspect and copy records for vessels in long-term moorage that the requesting agency determines are not properly registered or listed as required by law; or

B. Provide to the requesting agency the following information on vessels in long-term moorage at the facility:

• The name and legal owner of the vessel.
• The owner’s address and telephone number.
• The vessel’s hull identification number.
• If applicable, the vessel’s coast guard registration.

If the requesting agency subsequently determines that these vessels are not properly registered or listed as required by law, the moorage provider must additionally provide the requesting agency with the following information:

• A local contact person and that person’s address and telephone number, if different than the owner.
• The vessel’s home port.
• The date on which the moorage began.
• The vessel’s country or state of registration and registration number.
• Proof of vessel registration, a written statement of the moorage lessee’s intent to register the vessel, or the exemption affidavit certifying that the vessel is exempt from state registration requirements.

Definitions

Long-term moorage means moorage provided for more than thirty consecutive days; this included moorages that are on a “month to month” basis.

Moorage facility means any properties or facilities located in the state that are used for the moorage of vessels and are owned or operated by a moorage provider. This includes moorage provided by marinas, yacht clubs, harbors, docks, landings, and resorts.

Moorage facility operator means any port district, city, town, metropolitan park district, or county which owns and/or operates a moorage facility.

Moorage provider means any public or private entity that owns or operates a moorage facility, including a moorage facility operator, private moorage facility operator, the state of Washington or any other person.

Private moorage facility operator means any properties or facilities owned or operated by a private moorage facility operator that are capable of use for the moorage or storage of vessels.

Requesting agency means the Department of Licensing (DOL), the Department of Revenue (DOR), or the Department of Natural Resources (DNR).