(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as required by this chapter, or financial responsibility in compliance with chapter 88.40 RCW and the federal oil pollution act of 1990.

     (2)(a) The first conviction under this section is a gross misdemeanor under chapter 9A.20 RCW.

     (b) A second or subsequent conviction is a class C felony under chapter 9A.20 RCW.

     (3) It shall not be unlawful for the owner or operator to operate a covered vessel if:

     (a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;

     (b) All required plans have been submitted to the department as required by this chapter and rules adopted by the department and the department is reviewing the plan and has not denied approval; or

     (c) The covered vessel has entered state waters after the United States coast guard has determined that the vessel is in distress.

     (4) A person may rely on a copy of the statement issued by the department pursuant to RCW 88.46.060 as evidence that a vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 that a vessel has an approved prevention plan.

     (5) Any person found guilty of willfully violating any of the provisions of this chapter, or any final written orders or directive of the director or a court in pursuance thereof is guilty of a gross misdemeanor, as provided in chapter 9A.20 RCW, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment in the county jail for up to three hundred sixty-four days, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this chapter occurs may be deemed a separate and additional violation.

[2011 c 96 § 59; 2003 c 53 § 417; 2000 c 69 § 8; 1992 c 73 § 22; 1991 c 200 § 421.]

NOTES:

     Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021.

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Effective dates -- Severability -- 1992 c 73: See RCW 82.23B.902 and 90.56.905.