The driver for this legislation were findings which determined that copper in bottom paint eventually leaches out of the paint coatings and becomes a waterborne compound in Puget Sound that can affect the ability of migrating salmon to find their natal streams as well as to sense when natural predators were in their proximity. The conclusion reached was that the copper was adversely affecting the salmon’s sense of smell which is critical for these two important natural abilities to function effectively.

Additionally, it was found that when the copper compounds eventually sink and settle into the bottom muds the organisms that live in that environment are also adversely affected.

However, due to Ecology’s review of the replacement biocide compounds offered by the paint manufacturers it was decided to postpone the ban on copper until it could be determined that the new biocides would not introduce potentially worse environmental issues than the copper they would be replacing.

As it stands, as of this writing (October 2023) the Dept of Ecology is preparing a report of their findings on several alternative biocides for the legislature to consider that will recommend either approving their use and finally enforcing a permanent ban on copper bottom paint or enacting another postponement of the ban while continuing to evaluate the latest developments from the paint companies.  A postponement of the copper ban would be re-evaluated again in 2029. So yes, for the time being, bottom paints containing copper as a biocide are still legally sold and applied to boat bottoms in WA State.

At Agate Pass Marine we are prepared to provide great bottom paint jobs that comply with whichever way the state law happens to evolve.  Since a large percentage of the boats we paint are made of aluminum we are very familiar with the copper-free antifoul products that are typically used on those hulls and they are all currently approved for application on any type of boat including fiberglass.

At this time we are well situated to apply the best of these environmentally friendly coatings on vessels that have traditionally depended on copper paints to accomplish their marine fouling control needs. Just let us know when you drop your boat off for bottom painting if you would like us to apply a non-copper product.  We will first strip any pre-existing copper antifoul off of your boat to ensure great adhesion of the new style paint.

Additional WA State Links:

WA Dept Ecology – Antifoul Site Boater’s Summary
2017 Report to WA Legislature
2019 Report to WA Legislature
In-Water Hull Cleaning Directives