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A. It is unlawful for any person to operate or permit the operation of motor-driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person:

1. Is at least twelve years of age, except that an operator of a personal watercraft shall comply with the age requirements of Section 12.02.155; and

2. 

a. Has in his or her possession a boater education card, unless exempted under subsection B of this section; or (b) is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a boater education card, or who is not yet required to possess the card as provided in the program phase in RCW 79A.60.630(2)(a).

B. The following persons are not required to carry a boater education card:

1. The operator of a vessel engaged in a lawful commercial fishery operation as licensed by the Washington State Department of Fish and Wildlife (“Department”) under RCW Title 77. However, the person when operating a vessel for recreational purposes must carry either a valid commercial fishing license issued by the Department or a boater education card;

2. Any person who possesses a valid marine operator license issued by the United States Coast Guard (“USCG”) when operating a vessel authorized by such USCG license. However, the person when operating a vessel for recreational purposes must carry either a valid marine operator license issued by the USCG or a boater education card;

3. Any person who is legally engaged in the operation of a vessel that is exempt from vessel registration requirements under Chapter 88.02 RCW and applicable rules and is used for purposes of law enforcement or official government work. However, the person when operating a vessel for recreational purposes must carry a boater education card;

4. Any person at least twelve years old renting, chartering, or leasing a motor-driven boat or vessel with an engine power of fifteen horsepower or greater who completes a Washington State Parks and Recreation Commission approved motor vessel safety operating and equipment checklist each time before operating the motor-driven boat or vessel, except that an operator of a personal watercraft shall comply with the age requirements under Section 12.02.155;

5. Any person who is not a resident of Washington State and who does not operate a motor-driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state for more than sixty consecutive days;

6. Any person who is not a resident of Washington State and who holds a current out-of-country certificate or card that is equivalent to the rules adopted by the Washington State Parks and Recreation Commission;

7. Any person who has purchased the boat or vessel within the last sixty days, and has a bill of sale in his or her possession to document the date of purchase;

8. Any person, including those less than twelve years of age, who is involved in practicing for, or engaging in, a permitted racing event where a valid document has been issued by the appropriate local, state or federal government agency for the event, and is available for inspection on-site during the racing event;

9. Any person who is not yet required to have a boater education card under the phased schedule in RCW 79A.60.630(2)(a); and

10. Any person born before January 1, 1955.

C. Except as provided in subsections (B)(1) through (B)(9) of this section, a boater must carry a boater education card while operating a vessel and is required to present the boater education card, or alternative license as provided in subsection (B)(1) or (B)(2) of this section, to a law enforcement officer upon request.

D. Penalty. A violation of this section is an infraction punishable by a fine in an amount not to exceed five hundred dollars for each offense. (Ord. 3135-09 § 12, 2009; Ord. 2834-05 § 1, 2005; Ord. 1246-86 § 1, 1986.)