(1) By July 1, 2010, the owner or operator of a covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks light, shall establish and fund an emergency response system that provides for an emergency response towing vessel to be stationed at Neah Bay. (2) Any emergency response towing vessel provided under this section must: (a) Be available to serve vessels in distress in the Strait of Juan de Fuca and off of the western coast of the state from Cape Flattery light in Clallam county south to Cape Disappointment light in Pacific county; and (b) Meet the requirements specified in RCW 88.46.135. (3) In addition to meeting requirements specified in RCW 88.46.060, contingency plans for covered vessels operating in the Strait of Juan de Fuca must provide for the emergency response system required by this section. Documents describing how compliance with this section will be achieved must be submitted to the department by December 1, 2009. An initial contingency plan submitted to the department after December 1, 2009, must be accompanied by documents demonstrating compliance with this section. (4) The requirements of this section are met if: (a) Owners or operators of covered vessels provide an emergency response towing vessel that complies with subsection (2) of this section; or (b) The United States government implements a system of protective measures that the department determines to be substantially equivalent to the requirements of this section as long as the emergency response towing vessel required by this section is stationed at Neah Bay. [ 2009 c 11 s 2; 1991 c 200 s 426.]
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