In the state of Wash, do the game wardens have the right to search your boat? I was told that only the Coast Guard can legally board your boat while it's still in the water. What about at the boat launch? I have never kept a Nate, even when legal to do so, but I would get real tense to have someone going through my boat, personal stuff, boxes, ect.

Yup,

How else are they gonna catch poachers. Do you think a poacher is gonna just confess when the game warden asked him if he kept any fish he shouldnt have? How else is a game warden gonna catch people if he dosent check out all the hideing places for those extra brats or nates that wernt supposed to be kept?

When you buy a license you pretty much give wardens the right to search. You can try to stand on your rights on search and seizure but it will only cost you a lot of time.

Gooose

Fish and game inspections are a little different than driving you car down the roadway, at least from what I have heard, and seen, but here is what I know.

Refusal to stop or cooperate with a game agent for a game check can result in some unforeseen consequenses. Basically forfeiting your license. I am a little hazy as to the depth of the search, but if you have blood on your boat, for example, but none in the box, the agent has PC, probable cause, to take a closer look at your boat. This is a legal standard.

If you have done nothing wrong, then there shouldn't be an issue, and if you consent to a search, and a game agent finds something minor (not game related), they will most likely let you know, and move on. If you don't consent, or cop an attitude, you could end up "writing yourself a ticket" because of your actions. They have a tough job, indeed, so if you're a good guy, greet them with a smile.

Two agents up at Sekiu had obviously had a rough day, and greeted us with scowls. I inquired about their day, and got the lowdown. They had spent 4 hours in a 12 foot Zodiac in 4 foot seas and had run into a-hole after a-hole. We were legal in very way, pleasant to them, and thanked them for being out there. You can bet the next person was better off because of it. Be a good human.

I have been checked 7 times this year, 6 at Sekiu, once on Hood Canal. I always greeted them with a smile, asked how others were doing, and my interactions never lasted more than 5 minutes. Do your part and cooperate, because you are either part of the problem, or part of the solution.

Andy

Well said Dog, the game warden is not out there to ruin your day he is just protecting the resource.

I believe that being in the field is probable cause.. They can search boats and cars (I think). I am sure you have nothing to hide anyway. if you did you'd have been offended by people on this site a long time ago and wouldn't be posting here )
Just my feeling I'd like to see our game enforcment guys get more power especially as related to give more weight to their testimony about intent in snagging cases. When a warden tells a judge that a guy was attempting to snag the judge should be able to use that as strong evidence. not just his opinion.

Game wardens are commisioned police officers by the state of WA. As far as I know they have the same powers as a State Patrol officer.
We can all do our part in making their lives a little easier by cooperating with them and playing by the rules. If you play by the rules you will have nothing to worry about.

it shouldnt even be an issue...if they want to look, then let them look, you shouldnt have anything to hide anyway...that is if you ever see one out there...the last time i saw a warden was this summer at alki, the time before that was a few years ago at a small lake near olympia. it seems like they are never out there.

I was at the launch cleaning a couple of fish last year while two fishing partners were by my boat in the parking lot. When I came up the game warden asked to see my license and checked my fish out. She was a little stiff at first but turned out relatively pleasant. After she had left my partners tell me she walked up and climbed right into the boat and started searching.... I didn't mind the search so much as the fact she didn't ask, or that I (the owner) was not present.

But as stated in the above posts they deal with a lot of rude people all day long and I don't envy their jobs. I agree that they should have more power than what they have. Gamies are few and far between it seems, I have read a lot of posts on this and other boards of members seeing illegal activities going on on the water. They can search my boat any time, but I would sure like to see some of the more blatant "breaking of the rules" (snagging for one)get hit fast and hard once and a while.

I did put a poll up on boat searches on this and one other board, came up with about half saying yes they can with out asking or cause, and half saying no they can't without cause. I e-mailed the WDFW and got no response. But like I said, they have enough problems to deal with without me hassling them. Good luck.

Doubletake

This is from a thread about this topic quite some time ago. Note the reference to searching equipment being used in the pursuit of hunting or fishing in the last sentence.

Here is the text of RCW 77.15.080
Fish and wildlife officers -- Inspection authority.

Based upon articulable facts that a person is engaged in fishing or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title.

[2000 c 107 § 233; 1998 c 190 § 113.]

Wes

Yep, "equipment" in this case includes your boat. Anyone who has been stopped on the water or off knows that they can check for PFD's, flares, all the required stuff. If you're nervous about them going through your stuff, you've probably got something to hide... but remember, they're looking for hidden fish, not hidden pot pipes, so just be smart, calm, courteous and legal, and it all will go smoothly.

-N.

WesH, RCW 77.15.080 states inspect "equiptment" Is my boat is a "vehicle", or equiptment? I pay for motor vehicle licensing on it. So is it a motor vehicle? DoubleTake was alittle upset the game warden just got into his boat without his consent or knowledge. I would be also.What if she had broken something? "His LAMIGLASS!!" They do the best job that they can and I wish there was more of them out there, I have done nothing wrong, but do not violate my rights in the process of enforcing the law. We have "Vehicle Search And Seizure" laws to protect us from officers stepping out of bounds and violating our rights, I do not know if these laws pertain to game wardens and our boats. And would they tell us if the did, probley not I would't either if I was a game warden. Wait a minute! what do I do for a living? Ops!

First off, there are two factors that make a boat search "legal" in Washington, one being the above-mentioned RCW, and the other being the little waiver of rights that we all sign on the bottom of our licenses (at least we used to, can't remember if it's still there).

That said, just because the state law says it's ok does not make it constitutional. Luckily, the standards for making a search under the state law and under federal and state constitutional law are pretty well spelled out in case law, and it's a pretty simple concept.

1. If you are standing near the river with a rod in your hand, those are "articulable" facts that you are fishing. Probably good enough if someone else told the gamie that you were fishing, too.

2. If you are fishing, they can ask to see your licenses and gear to see if you are in compliance.
This does include your boat, and could include your rig if there are articulable facts showing that your gear/equipment/game may have been stowed already.

Say you are steelhead fishing in a selective gear rules area, single, barbless, no bait, open for brats, closed for nates. You're out in your boat with a couple of buddies, pulled up on a bar, and the gamie shows up. You're fishing, so out comes the license. Also, let's see the hooks on your rods, make sure there're no barbs there. When they see your licenses, they see that one of you has punched a hatchery fish for the day. Pull it out, check for clipped fin.

That's probably it.

Unless, say, there's blood on your boat, and no punches on the punchcards. Or a fisherman upstream told them that you guys boated and kept a fish, and now he sees no punches. Time to search the boat.

What are they searching for? Either an illegally harvested wild fish, or an unreported hatchery fish. Where can they search? Wherever such a fish could be. That means under the seats, in the cooler, in the gear locker.

It does not mean in your vest pocket, or in your tacklebox, or in the little film canister that may or may not have film in it sitting in the tackle tray. The potential illegal fish could not be in those places, so there is no legal reason to search them.

All in all, it's a pretty lax standard, and it makes sense intuitively. As noted above, we should definitely welcome the intrusion, hoping that a few other folks are getting intruded upon, too. Too few game wardens out on patrol is a major problem for the fish and game of this state. If you've got nothing to hide, then what's the problem?

Last, but definitely not least, who spends a lot of time taking to fishermen almost every day? The game warden. Who's a good source of accurate and current information on what and where they're hitting? The game warden. Who's going to get that information, the jerk or the nice guy?

Fish on...

Todd.

Scenario #1 I'm a game agent and you give me a bad time...so I'm thinking I check you very thoroughly.....this time and every time I see you. I'm probably thinking what does this aho have to hide and boy I would sure like to nail him with a fat ticket (and maybe you're illegal and I get my wish).

Scenario #2 I'm a game agent that meets up with a fully cooperative lawabiding angler that appreciates and welcomes my presence and makes it easy for me to do my job and check for appropriate compliance. I betcha this angler is on his way in less than five minutes and maybe I have some extra time to drive up river and catch a couple guys on a snag-fest with a few extra fish in their posession. And maybe I know some angling info that I pass on to you just because you're a nice guy.


Which scenario do you want to help playout?
I suppose there are other variations but not as far as I'm concerned.

Right on guys, I didn' get a real clear answer the last time this happened, but it appears to me after looking at the RCW again and the comments here they do have the right. I know I didn't start this thread, but thanks for the input. Good fishing to all.

Doubletake

Todd, Thank you, that was the answer I wanted to see printed. "Visiable, Probale Cause" As stated in the "Search And Seizure" laws. A game warden does not have the right to search your boat just because he's curious. He needs probale cause just as a police officer does, whether 1st hand evidence or "Hear Say". Yes I agree, "Be Polite!" They are just trying to do a job that will benifit us all. This has been one good topic that has educated many. Thanks. G-MAN {could that be Gov't Man?}

[ 12-30-2001: Message edited by: G-MAN ]

RobertAllen3, I'm afraid that I must take issue with your statement that you'd like to see the opinion of the Game Warden hold more weight with the courts.....Why? Why should the opinion of the Game Warden hold more weight than the opinion of anyone else? The Game Warden, State Patrol Officer, Police officer, etc. is nothing more than an ordinary dude like you or me. Fortunately, our legal system operates off of proof, not opinion. Game Wardens, just like the rest of us are prone to mistakes, and errors in judgment, and to allow their opinions to become "strong evidence" would seriously flaw our legal system. Case in point: About five years ago my father and younger brother were arrested for poaching a trophy Bull elk in a closed area.... A very serious accusation to say the least. When the Game Warden and a county sherrif searched my Father's truck (with his full cooperation) they found no weapons. When the Game warden asked what they were doing in the area, my father got mad and said "none of your damn business". Next thing you know, they were under arrest. When the case finally made it to court, the Game Warden and the sherrif both testified that even though they found no weapons in my father's truck, they still believed that he had poached the elk in question, because my father's truck matched a description of a truck that was seen fleeing the area of the kill at a high rate of speed. The Game Warden then went on to state that the only reason my father and brother could have been in the woods was to go kill something..... Why else would they have any business being up there? Needless to say, my father and brother were both aquitted, but it still cost them both a boat load of money in lawyer fees, missed work, etc. What would have happened if we lived in a society where a law enforcment officers' opinion were considered "proof"?

First I'm sorry to say this is LONG. But as so often happens when you are dealing with issues of law, morality and sport there is no short answer.

Second I want to state that I am not an attorney, legal aide or in any way, shape or form qualified to provide legal interpretation of Washington State law, The Revised Code of Washington or Washington Administrative Code. Also I did not perform any research as regards case law, findings, finding of intent, bills or dispositions which may modify the contents of the articles posted below.

Next, personally I don't have a lot of problems with allowing a rather broad interpretation of the authority of fish and wildlife officers with regards to the search of myself and my equipment, but then I tend to be quite conservative in my approach to hunting and fishing. That said and without trying to cast moral judgements on anyone, I do have some problems with what sometimes seems to be our collective response to the rules that govern our actions in the pursuit of our sport and the group of people (fish and wildlife officers) charged with performing the dangerous and for the most part, thankless job of enforcing the above mentioned rules. I don't feel we should look at the rules seeking the the biggest possible loophole(s) for us to slide through.

G-MAN, I didn't research whether your boat should be considered equipment or vehicle because as specified under RCW 77.15 both can be searched. The validity of this search will depend on your interpretation of the following statement in 77.15.094.

"Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement."

I feel the definitive area here is the section of the statement that specifies - "which they have reason to believe contain evidence of a violation".

In view of the ease with which fish can be concealed and considering the number of anglers that I have witnessed demonstrating unethical fishing behavior, I personally am willing to interpret this statement in the broadest possible context. Basically I am saying go ahead and check me, my equipment, boats, vehicles, etc. in an effort to catch those who are damaging the sport for the rest of us.

If we accept this broadest interpretation of the (fish and wildlife officers) right to search us, what have we really given up? Most of the various complaints that I see concerning searches seem to distill into one of two basics groupings, equipment damage and loss of privacy.


G-MAN, while I would be extremely irritated (to put it politely) to have someone damage my equipment while searching it, equipment damage - a form of liability - is covered in RCW 77.15.075 by its reference to RCW 4.92 .


Todd, not picking on you per se, but the logic exhibited in a couple of your statements is giving me some trouble. You build the following scenario -

"Say you are steelhead fishing in a selective gear rules area, single, barbless, no bait, open for brats, closed for nates. You're out in your boat with a couple of buddies, pulled up on a bar, and the gamie shows up. You're fishing, so out comes the license. Also, let's see the hooks on your rods, make sure there're no barbs there. When they see your licenses, they see that one of you has punched a hatchery fish for the day. Pull it out, check for clipped fin."

I'm with you here, but then you say -

"It does not mean in your vest pocket, or in your tacklebox, or in the little film canister that may or may not have film in it sitting in the tackle tray. The potential illegal fish could not be in those places, so there is no legal reason to search them."

I ask why not? Why not inspect the film canister or the fishing vest or the tackle box or whatever? Picking on the aforementioned film canister, while it certainly won't contain a fish, perhaps it may contain - eggs? After all by the scenario you set forth we are fishing in a selective gear rules area, no bait allowed.

Categorically speaking, why shouldn't we demonstarte the greatest degree of compliance in ensuring that all of us are playing fair and by the rules.


Hope I haven't stirred the pot too hard.

G-MAN, I hope this helps answer your question.

Todd, I wasn't picking on or attacking you personally, hope you didn't take it that way.

Good fish'n everybody.

Wes

For those who want to peruse the various legalities without having to look everything up I have included the following. As I said at the beginning this is not an exhaustive look at the subject. I also included a little information about RCW 88.02 (maybe you don't need a registration on your boat?) and seeing as how it it mentioned in RCW 77.15.094 I included Article I Section 7 of the Washington Constitution concerning illegal search.

While I took a quick look at the Washington Administrative Code I didn't see anything specifically related to fish and wildlife officers and search and seizure so I didn't inlude any of it.


Title 77 RCW

FISH AND WILDLIFE

Chapters
77.04 Department of fish and wildlife.
77.08 General terms defined.
77.12 Powers and duties.
77.15 Fish and wildlife enforcement code.
77.18 Game fish mitigation.
77.32 Licenses.
77.36 Wildlife damage.
77.44 Warm water game fish enhancement program.
77.50 Limitations on certain commercial fisheries.
77.55 Construction projects in state waters.
77.60 Shellfish.
77.65 Food fish and shellfish -- Commercial licenses.
77.70 License limitation programs.
77.75 Compacts and other agreements.
77.80 Program to purchase fishing vessels and licenses.
77.85 Salmon recovery.
77.90 Salmon enhancement facilities -- Bond issue.
77.95 Salmon enhancement program.
77.100 Volunteer fish and wildlife enhancement program.
77.105 Recreational salmon and marine fish enhancement program.
77.110 Salmon and steelhead trout -- Management of resources.
77.115 Aquaculture disease control.
77.120 Ballast water management.
77.125 Marine fin fish aquaculture programs.
NOTES:Carrier or racing pigeons -- Injury to: RCW 9.61.190 and 9.61.200.Control of predatory birds injurious to agriculture: RCW 15.04.110 through 15.04.120.Coyote getters -- Use in killing of coyotes: RCW 9.41.185.Hood Canal bridge, public sport fishing from: RCW 47.56.366.Infractions: Chapter 7.84 RCW.Operation and maintenance of fish collection facility on Toutle river: RCW 77.55.240.Volunteer cooperative fish and wildlife enhancement program: Chapter 77.100 RCW.Wildlife and recreation lands; funding of maintenance and operation: Chapter 79A.20 RCW.


RCW 77.15.075
Enforcement authority of fish and wildlife officers.(1) Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the fish and wildlife officer who is not an ex officio fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a course approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state. (2) Fish and wildlife officers are peace officers. (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency. (4) Fish and wildlife officers may serve and execute warrants and processes issued by the courts. (5) Fish and wildlife officers may enforce RCW 79.01.805 and 79.01.810. (6) Fish and wildlife officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted under that chapter, and the provisions of RCW 79A.05.310 and any rules adopted under that section. (7) To enforce the laws of this title, fish and wildlife officers may call to their aid any ex officio fish and wildlife officer or citizen and that person shall render aid.[2000 c 107 § 212; 1998 c 190 § 112; 1993 sp.s. c 2 § 67; 1988 c 36 § 50; 1987 c 506 § 16; 1985 c 155 § 2; 1980 c 78 § 17. Formerly RCW 77.12.055.]
NOTES: Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.

RCW 77.15.080
Fish and wildlife officers -- Inspection authority -- Photo identification.Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver's license or other photo identification.[2001 c 306 § 1; 2001 c 253 § 23; 2000 c 107 § 233; 1998 c 190 § 113.]NOTES: Reviser's note: This section was amended by 2001 c 253 § 23 and by 2001 c 306 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).



RCW 77.15.085
Seizure without warrant.Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director.[2000 c 107 § 232.]


RCW 77.15.094
Search without warrant -- Seizure of evidence, property -- Limitation.Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.[2001 c 253 § 25; 2000 c 107 § 214; 1998 c 190 § 115; 1987 c 506 § 20; 1980 c 78 § 21; 1955 c 36 § 77.12.090. Prior: 1947 c 275 § 19; Rem. Supp. 1947 § 5992-29. Formerly RCW 77.12.090.]
NOTES: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.


RCW 77.15.096
Inspection without warrant -- Commercial fish and wildlife entities.Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife.[2001 c 253 § 26; 1998 c 190 § 116; 1982 c 152 § 1; 1980 c 78 § 22. Formerly RCW 77.12.095.]
NOTES: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.

Chapter 88.02 RCW

VESSEL REGISTRATION
(Formerly Watercraft registration)

SECTIONS88.02.010 Definitions.
88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel -- Exceptions.
88.02.023 Vessel dealer display decals -- Use.
88.02.025 Registration of vessels numbered under the federal boat safety act.
88.02.028 Registration of rented vessels -- Dealer's vessels -- Dealer registration numbers not transferable.
88.02.030 Exceptions from vessel registration -- Use of excess document identification fee for boating safety programs -- Rules.
88.02.035 Confidential vessel registration, law enforcement purposes.
88.02.040 Issuance of registrations -- Agents -- Deposit of fees in general fund -- Allocation for boating safety and education and law enforcement.
88.02.045 Allocation of funds under RCW 88.02.040 to counties -- Deposit to account for boating safety programs.
88.02.050 Application -- Registration fee and excise tax -- Registration number and decal -- Registration periods -- Renewals -- Marine oil refuse dump and holding tank information -- Transfer of registrations.
88.02.052 Voluntary donations in conjunction with registration -- Maritime historic restoration and preservation.
88.02.053 Maritime historic restoration and preservation account.
88.02.055 Refund, collection of erroneous amounts -- Penalty for false statement.
88.02.060 Registration of dealers -- Surety bond -- Fees.
88.02.070 Certificates of title.
88.02.075 Duplicate certificates -- Replacement decals -- Surrender of original certificate or decal.
88.02.078 Vessel dealer business address -- Office -- Identification of business.
88.02.090 Inspection of registration -- Violation of chapter.
88.02.100 Rule-making authority.
88.02.110 Penalties -- Disposition of moneys collected -- Enforcement authority.
88.02.112 Registration certificate required -- Penalty.
88.02.115 Additional penalties for unauthorized or personal use of dealer display decals.
88.02.118 Evasive registration -- Penalty.
88.02.120 Title certificate system -- Legislative intent -- Authority for rules and procedures to establish system.
88.02.125 Evidence of ownership by vessel dealers -- Sales of consigned vessels -- Assignment and warranty of certificates of ownership.
88.02.130 Class A title certificates.
88.02.140 Issuance of class A title certificates -- Required evidence.
88.02.150 Issuance of class A title certificates -- Limitation.
88.02.160 Class B title certificates.
88.02.170 Class A and class B title certificates to have apparent distinctions -- Class B certificate to bear legend.
88.02.180 Application for title certificate -- Oath by owner.
88.02.184 Issuance of temporary permits by registered vessel dealers -- Fee.
88.02.188 Denial, suspension, or revocation of vessel dealer registration -- Penalties.
88.02.189 Vessel registration or vessel dealer registration suspension -- Noncompliance with support order -- Reissuance.
88.02.190 Inspection of vessels.
88.02.200 Department and state immune from suit for administration of chapter.
88.02.210 Records of the purchase and sale of vessels.
88.02.220 Receipt of cash or negotiable instrument before delivery of vessel -- Trust account.
88.02.230 Exemption from vessel dealer requirements.
88.02.235 Denial of license.
NOTES:Boat trailer fee: RCW 46.16.670.Leases: Chapter 62A.2A RCW.


RCW 88.02.010
Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. (2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest. (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state. (4) "Department" means the department of licensing.[1983 c 7 § 14.]


RCW 88.02.030
Exceptions from vessel registration -- Use of excess document identification fee for boating safety programs -- Rules.Vessel registration is required under this chapter except for the following: (1) Military or public vessels of the United States, except recreational-type public vessels; (2) Vessels owned by a state or subdivision thereof, used principally for governmental purposes and clearly identifiable as such; (3) Vessels either (a) registered or numbered under the laws of a country other than the United States; or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94. On or before the sixty-first day of use in the state, any vessel in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee; (4) Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. However, a vessel that is validly registered in another state but that is removed to this state for principal use is subject to registration under this chapter. The issuing authority for this state shall recognize the validity of the numbers previously issued for a period of sixty days after arrival in this state; (5) Vessels owned by a nonresident if the vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to the repair, alteration, or reconstruction conducted in this state if an employee of the repair, alteration, or construction facility is on board the vessel during any testing: PROVIDED, That any vessel owned by a nonresident is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing for a period longer than sixty days, that the nonresident shall file an affidavit with the department of revenue verifying the vessel is located upon the waters of this state for repair, alteration, reconstruction, or testing and shall continue to file such affidavit every sixty days thereafter, while the vessel is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing; (6) Vessels equipped with propulsion machinery of less than ten horsepower that: (a) Are owned by the owner of a vessel for which a valid vessel number has been issued; (b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and (c) Are used as a tender for direct transportation between that vessel and the shore and for no other purpose; (7) Vessels under sixteen feet in overall length which have no propulsion machinery of any type or which are not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower; (8) Vessels with no propulsion machinery of any type for which the primary mode of propulsion is human power; (9) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States. Commercial vessels which the department of revenue determines have the external appearance of vessels which would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel's exempt status; (10) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States; and (11) On and after January 1, 1998, vessels owned by a nonresident individual brought into the state for his or her use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period, unless the vessel is used in conducting a nontransitory business activity within the state. However, the vessel must have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. On or before the sixty-first day of use in the state, any vessel temporarily in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. An identification document shall be valid for a period of two months. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee.[1998 c 198 § 1; 1997 c 83 § 1; 1991 c 339 § 30. Prior: 1989 c 393 § 13; 1989 c 102 § 1; 1985 c 452 § 1; 1984 c 250 § 2; 1983 2nd ex.s. c 3 § 44; 1983 c 7 § 16.]
NOTES: Effective date -- 1998 c 198: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 1998]." [1998 c 198 § 2.] Effective date -- 1985 c 452: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 452 § 2.] Construction -- Severability -- Effective dates -- 1983 2nd ex.s. c 3: See notes following RCW 82.04.255.Commission to adopt rules: RCW 79A.60.595.Partial exemption from ad valorem taxes of ships and vessels exempt from excise tax under RCW 88.02.030(9): RCW 84.36.080.


RCW 10.79.040
Search without warrant unlawful.It shall be unlawful for any policeman or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.[1921 c 71 § 1; RRS § 2240-1. FORMER PART OF SECTION: 1921 c 71 § 2; RRS § 2240-2, now codified as RCW 10.79.045.]

Washington State Constitution
Article I

SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

WOW! That was a mouthfull!

WesH, why not let them search your film canister? #1, You are giving up your Constitional Rights. #2 Your allowing a law officer, which you pay to enforce the law, to step out of thoses bounds, which as citizens, we have voted to be in place to protect us from "NAZI" tatics. If we don't stop "Illegal Search and Seizures" How far would it go? I'm sorry to say but, that "Ignorant" fellow that bonks a Nate is also under the same laws that protect us law abiding citizens. I'm sorry, I will not give up my Constitional Rights because of a few law breakers. Let's do our part, instead of a river side fight. Tell them you'll turn them in, that will make them think next time, if they don't think, TURN THEM IN!! Go to court, testify, but don't give up your rights or allow a law officers to step out of their bounds. LittleZoZo You are right, You can't rely on just one man's opinion, without evidence to stand in a court of law. About 30 years ago my father, a strict Law and Rules abiding man {my butt can contest to that} was duck hunting with my brother. They stopped shooting just before the time to stop. The guy on the other side of the lake did not, he kept shooting a few minutes past. They picked up their stuff and when they finally got to the road they were met by a game warden who wrote them Both! for shooting after hours even after they explained there is another guy on the other side. He didn't even go check. My father hasn't hunted since. That's alot of licenses, deer tags, stamp fees, ect, ect, lost over the last 30 years because the warden did not have any evidence. If you allow this to happen it will ony deter law abiding people, not criminals, from this great sport we take for granted. Some of you are saying GREAT! More fish. No, less fish. We need the revenue to pay for river and stream enhancements, game wardens to stop poaching, which is killing our Wild runs, education programs, Ect. See the bigger picture instead of just seeing ourselves.