(1) What vessel record information is protected from disclosure?
Vessel information protected from disclosure is the same as under chapters 42.56
(2) Who may receive disclosure of individual vessel owner names and addresses?
(a) Government agencies;
(b) Any business entity that uses the name and address information in their normal course of business in accordance with these rules;
(c) Vessel manufacturers that require vessel ownership information for recall of their own products;
(d) A vessel owner for their own vessel; or
(e) Individuals who meet the criteria listed in subsection (6) of this section.
(3) What documentation does the department require to disclose vessel owner names and addresses?
The department requires:
(a) A disclosure request form provided by the department and completed by the applicant; and
(b) Acceptable business verification.
(4) What is acceptable business verification?
For purposes of this section acceptable business verification includes:
(a) If a licensed Washington business, a copy of its current unexpired master business license;
(b) If a business is not required to be licensed in this state, its federal employer identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a signature of the owner or an authorized representative;
(c) If an attorney, a copy of the current bar card; or
(d) If a private investigator, a copy of the current private investigator's license; or
(e) If an out-of-state business not licensed in Washington:
(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
(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.
(5) If a business has entered into an agreement with the department, is a separate request for each inquiry required?
No. If a business has entered into a written agreement with the department, a separate request for each inquiry is not required.
(6) When may an individual be provided vessel owner name and address information?
(a) When the owner of record is requesting the information; or
(b) When the requester presents a bill of sale or other evidence of ownership and needs the ownership information to obtain a release of interest.
(7) Who may release the vessel owner name and address information?
(a) The department of licensing; or
(b) Agents and subagents, only when disclosing information for purposes described in subsection (6)(b) of this section.
(8) When may the department disclose the names and addresses of vessel owners?
Notwithstanding the provisions of chapter 42.56
RCW, the department may disclose the names and addresses of vessel owners when:
(a) The requesting party is a business that requests the information for use in their normal course of business;
(b) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party or their business, and specifies the purpose for which the information will be used;
(c) The requesting party enters into a disclosure agreement with the department in which the parties:
(i) Agree they will use the information only for the purpose stated in the request for the information; and
(ii) Individuals meet the criteria listed in subsection (6) of this section.
(9) Is the department required to notify the vessel owner when ownership information is disclosed?
When the department grants a request from an attorney or private investigator, for information under this section, the department will provide notice to the vessel owner that the request has been granted. In addition, the notice will contain the name and address of the requesting party.
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 public disclosure unit.
(10) 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 is responsible for assuring under penalty of perjury under the laws of the state of Washington that the information received is not used for a purpose contrary to the agreement between the person, business, agency or association and the department.
[Statutory Authority: RCW 46.16.276
and 46.01.110. WSR 10-11-030, § 308-93-087, filed 5/11/10, effective 6/11/10. Statutory Authority: RCW 88.02.070
, 88.02.100. WSR 01-16-105, § 308-93-087, filed 7/30/01, effective 8/30/01; WSR 99-01-134, § 308-93-087, filed 12/21/98, effective 1/21/99; WSR 92-24-035, § 308-93-087, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.070
. WSR 88-24-003 (Order TL/RG 47), § 308-93-087, filed 11/29/88.]