1. (1) What vessel record information is protected?

   Vessel information protected from disclosure is the same as under chapters 42.56 and 46.12 RCW and Executive Order 00-03 for vehicles.

2. (2) Who may receive a list of individual vessel owner names and addresses?

   1. (a) The manufacturers of vessels, or their authorized agents, to be used to enable those manufacturers to carry out the provisions of the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) and the Code of Federal Regulations adopted by the United States Coast Guard;
   2. (b) Any governmental agency of the United States or Canada, or political subdivisions, to be used by them or their authorized commercial agents or contractors only in connection with the enforcement of the laws governing the operation of a vessel or vessel safety programs administered by that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor;
   3. (c) A person, organization or entity for the purposes of compiling statistical data relating to vessel demographics in this state. The department may provide only a specific part of the list that is required for completion of the work required of the person, organization or entity;
   4. (d) An authorized agent or contractor of the department to be used only in connection with providing vessel excise tax, licensing and registration information to vessel dealers; or
   5. (e) Any business regularly making loans to other persons to finance the purchase of vessels, to be used to assist the person requesting the list to determine ownership of a specific vessel for the purpose of determining whether or not to provide such financing.

   In addition to any other authority that it may have, the department of licensing may furnish lists of registered and legal owners of vessels only for the purposes specified in this section to:

3. (3) What documentation is needed to receive lists of vessel owner names and addresses?

   1. (a) A record disclosure request form provided by the department and completed by the applicant; and
   2. (b) Verification of the applicant's identity as a business; and
   3. (c) A formal agreement between the requester and the department.

   Each entity must submit the following to the department:

4. (4) What is acceptable verification?

   1. (a) If a licensed Washington business, a copy of its current unexpired master business license;
   2. (b) If a business not required to be licensed in this state, its federal identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a signature of the owner or an authorized representative;
   3. (c) If an attorney, a copy of the current bar card;
   4. (d) If a private investigator, a copy of the current private investigator's license; or

   5. (e) If an out-of-state business not licensed in Washington:

      1. (i) If the business is required to be licensed, a copy of its current business license issued by the governmental authority with jurisdiction over the license; or
      2. (ii) If the business is not required to be licensed, its federal employer identification number/federal tax number on its official letterhead with a signature of the owner or an authorized representative.

   For purposes of this section acceptable business verification includes:

5. (5) If a business or governmental agency has entered into an agreement with the department, is a separate request for each inquiry required?

   No. If a business or governmental agency has entered into an agreement with the department, a separate request for each inquiry is not required if the information will be used as originally stated.

6. (6) Who may release a list of vessel owner name and address information?

   The department of licensing, driver and vehicle services division's public disclosure/records section, is authorized to release lists of names and addresses to qualified applicants.

7. (7) When may the department disclose lists of names and addresses of vessel owners?

   1. (a) The requesting party is a business that requests the information for use in their normal course of business;
   2. (b) The request is in writing, signed by the person requesting disclosure, containing the full legal name and address of the requesting party and/or their business, and specifies the purpose for which the information will be used; and

   3. (c) The requesting party enters into a disclosure agreement with the department in which the party:

      1. (i) Agrees they will use the information only for the purpose stated in the request for the information; and
      2. (ii) Will not use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information.

   Notwithstanding the provisions of chapter 42.56 RCW, the department may disclose the names and addresses of vessel owners when:

8. (8) What does the term "unsolicited business contact" mean?

   The term "unsolicited business contact" means a contact that is intended to result in or promote the sale of any goods or services to a person named in the disclosure information or to use the information for the purposes of facilitating a profit expecting business activity. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.

9. (9) Is the department required to notify the vessel owner when ownership information is disclosed?

   No, except when the information is granted to an attorney or private investigator. The department will then provide the owner of the vessel with notification; the notice will also contain the name and address of the requesting party.

10. (10) Additionally, if contract holders release owner information to a private investigator or attorney, they must notify the vessel owner that a request has been granted, and include the name and address of the requesting party, and send a copy to the department's public disclosure unit.

11. (11) Who is responsible for assuring that the information is used appropriately?

    Any person, business, agency or association that receives vessel owner information under this section shall be responsible, under penalty of perjury under the laws of the state of Washington, for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, agency or association and the department or state and federal laws and regulations.

[Statutory Authority: RCW 46.16.276 and 46.01.110. WSR 10-11-030, § 308-93-089, filed 5/11/10, effective 6/11/10. Statutory Authority: RCW 46.01.110. WSR 06-15-059, § 308-93-089, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 88.02.070, 88.02.100. WSR 01-16-105, § 308-93-089, filed 7/30/01, effective 8/30/01.]