AGO Opinion Topics: OFFICE MARINE SAFETY

1.  RCW 88.46.130 authorizes the Office of Marine Safety to establish an emergency response system to prevent oil spills in the Strait of Juan de Fuca.  This includes the authority to acquire and operate a tugboat as part of the response system.2.  RCW 82.23B.020(2) imposes an oil spill administration tax.  This tax is to be used, in part, to fund the costs of administration of chapter 88.46 RCW, which includes the Office of Marine Safety emergency response system.  Nowhere has the Legislature delegated to the Office the authority to impose a fee and, since the Legislature has provided a funding source for the Office, the authority to impose a fee cannot be reasonably implied from other authority delegated to the Office.