Title 352 WAC — Parks and Recreation Commission

Chapter 352-04 Policy—Meetings and delegation.

Wash. Admin. Code § 352-04-010 Duties of chairperson and conduct of meetings.

WAC 352-04-010

(1) The chairperson shall call and preside at all regular or special meetings.

(2) The duties of the vice chairperson shall be to preside at all regular or special meetings in the absence of the chairperson. In addition, the vice chairperson shall serve as chairperson upon the resignation, death, or incapacitation for any reason of the chairperson, and shall so serve until the next regular election, or until the chairperson is again able to serve, whichever shall first occur.

(3) Regular meetings shall be held each calendar year, on the dates, times, and locations published in the Washington State Register, unless otherwise called by the chairperson or a majority of the commissioners. An annual schedule of the months in which meetings are to be held, and their locations, will be adopted by the commission and will be published on or before January in the Washington State Register, in accordance with RCW 42.30.075.

(4) An annual election shall be conducted for the offices of chairperson and vice chairperson at the October regular meeting of every year, taking effect January 1st. The election shall be conducted by written ballot upon request of any member of the commission.

(5) The order of business at all regular meetings shall be:

(a) The call of the roll;

(b) Minutes of the previous meeting;

(d) Business of the day;

(e) Date and location of next meeting;

(f) Adjournment.

(6) The chairperson shall be a voting member of the commission. A majority of the authorized commission membership shall constitute a quorum for the transaction of business at all regular and special meetings. A majority vote of the commissioners present shall be sufficient to pass or defeat each measure brought to a vote, unless a unanimous vote of commissioners present is required by law.

History

Statutory Authority: RCW 79A.05.030. WSR 26-14-037, s 352-04-010, filed 6/24/26, effective 7/25/26. Statutory Authority: Title 79A RCW, RCW 79A.05.025, 79A.05.030, 79A.05.070, and 42.30.075. WSR 00-23-033, § 352-04-010, filed 11/8/00, effective 12/9/00. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. WSR 87-24-032 (Order 102), § 352-04-010, filed 11/24/87. Statutory Authority: RCW 42.30.070 and 43.51.060. WSR 84-04-035 (Order 75), § 352-04-010, filed 1/26/84. Statutory Authority: RCW 42.30.070. WSR 83-01-113 (Order 64), § 352-04-010, filed 12/21/82. Statutory Authority: RCW 43.51.060 and 42.30.070. WSR 82-07-077 (Order 57), § 352-04-010, filed 3/23/82. Statutory Authority: RCW 43.51.030. WSR 80-14-010 (Order 47), § 352-04-010, filed 9/22/80
Order 12, § 352-04-010, filed 1/28/72
Order 7, § 352-04-010, filed 4/1/70.

Wash. Admin. Code § 352-04-020 Delegation of authority to director.

(1) Any delegation of authority by the commission under section 2, chapter 31, Laws of 1969, shall be accomplished at a regular or special meeting of the commission, and shall be incorporated in the minutes thereof.

(2) The director may appoint, suspend, and dismiss employees of the agency.

History

Order 7, § 352-04-020, filed 4/1/70.

Wash. Admin. Code § 352-04-040 Adjudicative proceedings.

Adjudicative proceedings conducted under Title 79A RCW, Public recreational lands, shall be held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the rules published in chapter 10-08 WAC. The director shall appoint the hearing officer if the hearing is to be presided over by officials of the agency or request appointment of an administrative law judge from the office of administrative hearings. The commission shall review the initial order issued by the hearing officer or administrative law judge and shall issue a final order.

History

Statutory Authority: Title 79A RCW, RCW 79A.05.025, 79A.05.030, 79A.05.070, and 42.30.075. WSR 00-23-033, § 352-04-040, filed 11/8/00, effective 12/9/00.

Wash. Admin. Code § 352-04-050 Conflict of interest.

(1) A member of the commission shall comply with subsection (2) of this section when the following circumstances apply or it is reasonably foreseeable that they will apply:

(a) The member is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase or grant that may be made by, through, or under the supervision of the commission, in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such contract, lease, purchase or grant; or

(b) The member is an officer, agent, employee or member of an entity which is engaged in a transaction involving the commission.

(2) If required by subsection (1) of this section, the member or employee shall:

(a) Recuse him or herself from the commission discussion regarding the specific contract, sale, lease, purchase or grant;

(b) Recuse him or herself from the commission vote on the specific contract, sale, lease, purchase or grant; and

(c) Refrain from attempting to influence the remaining commission members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.

(3) The prohibition against discussion set forth in subsection (2)(a) through (c) of this section shall not prohibit the member of the commission from using his or her general expertise to educate and provide general information on the subject area to other members.

(4) Under subsection (1) of this section, "any other person" has a beneficial interest in a contract, sale, lease, purchase or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase or grant.

(5) A member who would otherwise be disqualified under subsection (2)(a) through (c) of this section may participate fully in the proceedings if a quorum cannot be achieved because of a conflict of interest, and the participation of the board member is required for official action, as long as the member discloses the basis for disqualification prior to participating and voting.

History

Statutory Authority: Title 79A RCW, RCW 79A.05.025, 79A.05.030, 79A.05.070, and 42.30.075. WSR 00-23-033, § 352-04-050, filed 11/8/00, effective 12/9/00.

Wash. Admin. Code § 352-04-060 Brief adjudicative proceedings.

This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative proceedings shall be used in all matters related to appeals of expulsion orders issued pursuant to WAC 352-32-200.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-04-060, filed 4/20/16, effective 5/21/16.

Chapter 352-11 SEPA procedures.

Wash. Admin. Code § 352-11-010 Authority.

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-010, filed 10/3/84. Formerly chapter 352-10 WAC.

Wash. Admin. Code § 352-11-020 Adoption by reference.

The Washington state parks and recreation commission adopts the following sections or subsections of chapter 197-11 WAC by reference.

WAC

| 197-11-040 | Definitions. | | --- | --- | | 197-11-050 | Lead agency. | | 197-11-055 | Timing of the SEPA process. | | 197-11-060 | Content of environmental review. | | 197-11-070 | Limitations on actions during SEPA process. | | 197-11-080 | Incomplete or unavailable information. | | 197-11-090 | Supporting documents. | | 197-11-100 | Information required of applicants. | | 197-11-210 | SEPA/GMA integration. | | 197-11-220 | SEPA/GMA definitions. | | 197-11-228 | Overall SEPA/GMA integration procedures. | | 197-11-230 | Timing of an integrated GMA/SEPA process. | | 197-11-232 | SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. | | 197-11-235 | Documents. | | 197-11-250 | SEPA/Model Toxics Control Act integration. | | 197-11-253 | SEPA lead agency for MTCA actions. | | 197-11-256 | Preliminary evaluation. | | 197-11-259 | Determination of nonsignificance for MTCA remedial action. | | 197-11-262 | Determination of significance and EIS for MTCA remedial actions. | | 197-11-265 | Early scoping for MTCA remedial actions. | | 197-11-268 | MTCA interim actions. | | 197-11-300 | Purpose of this part. | | 197-11-305 | Categorical exemptions. | | 197-11-310 | Threshold determination required. | | 197-11-315 | Environmental checklist. | | 197-11-330 | Threshold determination process. | | 197-11-335 | Additional information. | | 197-11-340 | Determination of nonsignificance (DNS). | | 197-11-350 | Mitigated DNS. | | 197-11-360 | Determination of significance (DS)/initiation of scoping. | | 197-11-390 | Effect of threshold determination. | | 197-11-400 | Purpose of EIS. | | 197-11-402 | General requirements. | | 197-11-405 | EIS types. | | 197-11-406 | EIS timing. | | 197-11-408 | Scoping. | | 197-11-410 | Expanded scoping. (Optional) | | 197-11-420 | EIS preparation. | | 197-11-425 | Style and size. | | 197-11-430 | Format. | | 197-11-435 | Cover letter or memo. | | 197-11-440 | EIS contents. | | 197-11-442 | Contents of EIS on nonproject proposals. | | 197-11-443 | EIS contents when prior nonproject EIS. | | 197-11-444 | Elements of the environment. | | 197-11-448 | Relationship of EIS to other considerations. | | 197-11-450 | Cost-benefit analysis. | | 197-11-455 | Issuance of DEIS. | | 197-11-460 | Issuance of FEIS. | | 197-11-500 | Purpose of this part. | | 197-11-502 | Inviting comment. | | 197-11-504 | Availability and cost of environmental documents. | | 197-11-508 | SEPA register. | | 197-11-535 | Public hearings and meetings. | | 197-11-545 | Effect of no comment. | | 197-11-550 | Specificity of comments. | | 197-11-560 | FEIS response to comments. | | 197-11-570 | Consulted agency costs to assist lead agency. | | 197-11-600 | When to use existing environmental documents. | | 197-11-610 | Use of NEPA documents. | | 197-11-620 | Supplemental environmental impact statement—Procedures. | | 197-11-625 | Addenda—Procedures. | | 197-11-630 | Adoption—Procedures. | | 197-11-635 | Incorporation by reference—Procedures. | | 197-11-640 | Combining documents. | | 197-11-650 | Purpose of this part. | | 197-11-655 | Implementation. | | 197-11-660 | Substantive authority and mitigation. | | 197-11-680 | Appeals. | | 197-11-700 | Definitions. | | 197-11-702 | Act. | | 197-11-704 | Action. | | 197-11-706 | Addendum. | | 197-11-708 | Adoption. | | 197-11-710 | Affected tribe. | | 197-11-712 | Affecting. | | 197-11-714 | Agency. | | 197-11-716 | Applicant. | | 197-11-718 | Built environment. | | 197-11-720 | Categorical exemption. | | 197-11-722 | Consolidated appeal. | | 197-11-724 | Consulted agency. | | 197-11-726 | Cost-benefit analysis. | | 197-11-728 | County/city. | | 197-11-730 | Decision maker. | | 197-11-732 | Department. | | 197-11-734 | Determination of nonsignificance (DNS). | | 197-11-736 | Determination of significance (DS). | | 197-11-738 | EIS. | | 197-11-740 | Environment. | | 197-11-742 | Environmental checklist. | | 197-11-744 | Environmental document. | | 197-11-746 | Environmental review. | | 197-11-750 | Expanded scoping. | | 197-11-752 | Impacts. | | 197-11-754 | Incorporation by reference. | | 197-11-756 | Lands covered by water. | | 197-11-758 | Lead agency. | | 197-11-760 | License. | | 197-11-762 | Local agency. | | 197-11-764 | Major action. | | 197-11-766 | Mitigated DNS. | | 197-11-768 | Mitigation. | | 197-11-770 | Natural environment. | | 197-11-772 | NEPA. | | 197-11-774 | Nonproject. | | 197-11-776 | Phased review. | | 197-11-778 | Preparation. | | 197-11-780 | Private project. | | 197-11-782 | Probable. | | 197-11-784 | Proposal. | | 197-11-786 | Reasonable alternative. | | 197-11-788 | Responsible official. | | 197-11-790 | SEPA. | | 197-11-792 | Scope. | | 197-11-793 | Scoping. | | 197-11-794 | Significant. | | 197-11-796 | State agency. | | 197-11-797 | Threshold determination. | | 197-11-799 | Underlying governmental action. | | 197-11-800 | Categorical exemptions. | | 197-11-810 | Exemptions and nonexemptions applicable to specific state agencies. | | 197-11-880 | Emergencies. | | 197-11-890 | Petitioning DOE to change exemptions. | | 197-11-900 | Purpose of this part. | | 197-11-902 | Agency SEPA policies. | | 197-11-904 | Agency SEPA procedures. | | 197-11-906 | Content and consistency of agency procedures. | | 197-11-908 | Critical areas. | | 197-11-912 | Procedures on consulted agencies. | | 197-11-914 | SEPA fees and costs. | | 197-11-916 | Application to ongoing actions. | | 197-11-920 | Agencies with environmental expertise. | | 197-11-922 | Lead agency rules. | | 197-11-924 | Determining the lead agency. | | 197-11-926 | Lead agency for governmental proposals. | | 197-11-928 | Lead agency for public and private proposals. | | 197-11-930 | Lead agency for private projects with one agency with jurisdiction. | | 197-11-932 | Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. | | 197-11-934 | Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. | | 197-11-936 | Lead agency for private projects requiring licenses from more than one state agency. | | 197-11-938 | Lead agencies for specific proposals. | | 197-11-940 | Transfer of lead agency status to a state agency. | | 197-11-942 | Agreements on lead agency status. | | 197-11-944 | Agreements on division of lead agency duties. | | 197-11-946 | DOE resolution of lead agency disputes. | | 197-11-948 | Assumption of lead agency status. | | 197-11-960 | Environmental checklist. | | 197-11-965 | Adoption notice. | | 197-11-970 | Determination of nonsignificance (DNS). | | 197-11-980 | Determination of significance and scoping notice (DS). | | 197-11-985 | Notice of assumption of lead agency status. | | 197-11-990 | Notice of action. |

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-020, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.21C.120. WSR 96-01-029, § 352-11-020, filed 12/11/95, effective 1/11/96. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-020, filed 10/3/84.

Wash. Admin. Code § 352-11-030 Purpose.

This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the Washington state parks and recreation commission.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-030, filed 10/3/84.

Wash. Admin. Code § 352-11-040 Additional definitions.

In addition to the definitions contained in WAC 197-11-700 through 197-11-799, the following terms shall have the listed meanings:

(1) "Agency" means the entire staff and appointed commission members constituting the Washington state parks and recreation commission.

(2) "Authorized public use" as used in WAC 197-11-800 Part nine - Categorical exemptions means that a particular parcel of real property has been classified for public use, or has developed facilities subject to public use or has been specifically designated and classified for such public use. No "authorized public use" shall be construed to have occurred on parcels of real property being held for future use and development nor on portions of existing park lands remote from existing public use facilities, including developed trail systems.

(3) "Commission" means the Washington state parks and recreation commission.

(4) "Decision maker" means any agency staff authorized to take an action as provided through agency delegation of authority.

(5) "Demolition of any structure or facility with recognized historical significance" as used in WAC 197-11-800 Part nine - Categorical exemptions means the destruction of any character-defining feature or other change which would degrade or destroy the significance of that structure or facility.

(6) "Director" means the director of the Washington state parks and recreation commission.

(7) "Existing roads in nonresidential areas" as used in WAC 197-11-800 Part nine - Categorical exemptions means any transportation corridor through the land affected, not formally zoned or designated for residential use, where such use does not interfere with normal public use of the property.

(8) "Grazing lease" as used in WAC 197-11-800 Part nine - Categorical exemptions shall include lands grazed through authorization prior to acquisition by the agency, regardless of formal "leasing."

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-040, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.21C.120. WSR 96-01-029, § 352-11-040, filed 12/11/95, effective 1/11/96. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-040, filed 10/3/84.

Wash. Admin. Code § 352-11-055 Timing of the SEPA process.

(1) The SEPA process shall be integrated with agency activities following and according to established agency SEPA procedures at the earliest possible time to ensure that planning and decisions reflect environmental values, to avoid delays later in the process, and to seek to resolve potential problems.

(2) Additional timing considerations.

(a) Agency staff receiving an application will forward it to the responsible official who will determine whether the proposal is an "action" and, if so, whether another agency is the lead agency for the proposal. If not, the responsible official will determine if the action is "categorically exempt" from SEPA. If the proposal is an "action" and is not exempt, the responsible official will ask the applicant to complete an environmental checklist. A new checklist is not needed if the responsible official and applicant agree that an EIS is required, SEPA compliance has been completed, SEPA compliance has been initiated by another agency, or a complete checklist is included with the application.

(b) Notwithstanding the guidance and requirements of WAC 197-11-922 through 197-11-948, if the agency is presented with an application to undertake a project generally falling under the jurisdiction and/or environmental expertise of another state or local agency, staff will direct the applicant to initiate SEPA with the appropriate agency before it considers the action being requested by the applicant.

(c) Agency staff and applicants may hold preliminary discussions or exploration of ideas and options prior to commencing formal environmental review, under provisions of this chapter and chapter 197-11 WAC, subject to RCW 42.36.060.

(3) All commission actions require SEPA.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-055, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.21C.120. WSR 96-01-029, § 352-11-055, filed 12/11/95, effective 1/11/96. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-055, filed 10/3/84.

Wash. Admin. Code § 352-11-330 Threshold determination process—Additional considerations.

(1) Applicants are required to fully complete an environmental checklist to aid the agency in rendering a threshold determination.

(2)(a) To make the final determination, the responsible official will consider: All comments received, mitigation measures proposed, and suggested changes to the project.

(b) If there are substantial changes to the project during the SEPA process, the final determination must undergo similar public notice as the initial determination. Projects without changes or only minor changes do not require public notice of a final determination.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-330, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-11-350 Mitigated DNS.

(1) An applicant may ask the agency whether issuance of a determination of significance (DS) is likely for a proposal. This request for early notice must:

(a) Be written;

(b) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the commission is lead agency; and

(2) The responsible official can suggest that the applicant may change or clarify the proposal to mitigate the impacts indicated and revise the environmental checklist as necessary to reflect the changes or clarifications.

(3) The agency shall not continue with the threshold determination until after receiving a written response from the applicant changing or clarifying the proposal or asking that the threshold determination be based on the original proposal.

(4) If the applicant submits a changed or clarified proposal, along with a revised environmental checklist, the agency will make its threshold determination based on the changed or clarified proposal.

(a) If the agency's response to the request for early notice indicated specific mitigation measures that would remove all probable significant adverse environmental impacts, and the applicant changes or clarifies the proposal to include all of those specific mitigation measures, the agency shall issue a determination of nonsignificance and circulate the DNS for comments as directed in WAC 197-11-340(2).

(b) If the agency indicated general or specific areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the agency shall determine if the changed or clarified proposal may have a probable significant environmental impact, issuing a DNS or DS as appropriate.

(5) The agency may specify mitigation measures that would allow it to issue a DNS without a request for early notice from an applicant. If it does so, and the applicant changes or clarifies the proposal to include those measures, the agency shall issue a DNS and circulate it for review under WAC 197-11-350(2).

(6) When an applicant changes or clarifies the proposal, the clarifications or changes may be included in written attachments to the documents already submitted. If the environmental checklist and supporting documents would be difficult to read and/or understand because of the need to read them in conjunction with the attachment(s), the agency may require the applicant to submit a new checklist.

(7) The agency's written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification of or changes to a proposal, as opposed to a written request for early notice, shall not bind the agency to consider the clarifications or changes in its threshold determination.

(8) When an applicant submits a changed or clarified proposal pursuant to this section, it shall be considered part of the applicant's application for a permit or other approval for all purposes, including enforcement of the permit or other approval. Unless the agency's decision expressly states otherwise, when a mitigated DNS is issued for a proposal, any decision approving the proposal shall be based on the proposal as changed or clarified pursuant to this section.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-350, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-350, filed 10/3/84.

Wash. Admin. Code § 352-11-420 EIS preparation.

For draft and final EISs and supplemental environmental impact statements (SEISs):

(1) Preparation of the EIS is the responsibility of the agency, by or under the direction of its responsible official, as specified by the agency's procedures. No matter who participates in the preparation of the EIS, it is the EIS of the agency. The responsible official, prior to distributing an EIS, shall be satisfied that it complies with this chapter and chapter 197-11 WAC.

(2) The agency may have an EIS prepared by agency staff, an applicant or its agent, or by an outside consultant retained by either an applicant or the agency. The agency shall assure that the EIS is prepared in a professional manner and with appropriate interdisciplinary methodology. The responsible official shall direct the areas of research and examination to be undertaken as a result of the scoping process, as well as the organization of the resulting document.

(3) If a person other than the agency is preparing the EIS, the agency shall:

(a) Coordinate any scoping procedures so that the individual preparing the EIS receives all substantive information submitted by any agency and the public that is needed by the person;

(b) Assist in obtaining any information on file with another agency that is needed by the person preparing the EIS;

(c) Allow any party preparing an EIS access to all public records of the agency that relate to the subject of the EIS, under RCW 42.17.250 through 42.17.340.

(4) Normally, the agency will prepare an EIS for its own proposals.

(5) For applicant proposals, the agency normally will require the applicant to prepare or help prepare the EIS at the applicant's expense, under provisions of this chapter and chapter 197-11 WAC.

(6) The agency may require an applicant to provide information that the agency does not possess, including specific investigations. The applicant is not required to supply information that is not required under this chapter and chapter 197-11 WAC.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-420, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-420, filed 10/3/84.

Wash. Admin. Code § 352-11-504 Availability and costs of environmental documents.

(1) SEPA documents required by these rules shall be retained by the agency at the SEPA public information center, and made available in accordance with RCW 42.17.250 through 42.17.340.

(2) The agency shall make copies of environmental documents available in accordance with RCW 42.17.250 through 42.17.340, charging only those costs allowed plus mailing costs. Allowable costs for environmental documents may be indicated in the documents and made payable to the agency. However, no charge shall be levied for circulation of documents to other agencies as required by this chapter. The agency will provide one complimentary copy of each environmental document to each public interest organization requesting such.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-504, filed 10/3/84.

Wash. Admin. Code § 352-11-510 Public notice requirements.

(1) The agency shall give public notice when issuing a DNS under WAC 197-11-340(2), a scoping notice under WAC 352-11-420, or a draft EIS under WAC 197-11-455.

(2) The agency shall use one or more of the following methods of public notice, taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, the public notice requirements for the permit or approval required from the agency, other public notice(s) required by agencies with jurisdiction, public interest expressed in the proposal, and whether the proposal is a project or regulation:

(a) Notifying persons or groups who have expressed interest in the proposal, of the type of proposal, or proposals in the geographic area in which the proposal will be implemented if approved;

(b) Publication in a newspaper of general circulation in the area in which the proposal will be implemented;

(d) Notifying the news media;

(e) Placing notice in appropriate regional, neighborhood, ethnic, or trade journals;

(f) Hosting a public hearing on the proposal; or

(g) Other methods of notice expressly authorized by the department of ecology.

(3) The agency may require an applicant to perform the public notice requirement at the applicant's expense.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-510, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-510, filed 10/3/84.

Wash. Admin. Code § 352-11-665 Policies and procedures for conditioning or denying permits or other approvals.

(1)(a) The overriding policy of the Washington state parks and recreation commission is to avoid or mitigate adverse environmental impacts which may result from the agency's decisions.

(b) The agency shall ensure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations.

(2) Policies - Specific. Agency policies, plans, rules and regulations are rooted in the agency's legislation, stewardship policies and rules promulgated by the agency. The following may be used to fulfill the intent of SEPA and may be used to mitigate significant adverse environmental impacts of agency actions:

(a) Authorities provided to the agency through Title 79A RCW Public recreation lands;

(b) Any other approval authority which may be granted to the commission in the future;

(d) Approved commission and administrative policies;

(e) Other state agencies' applicable habitat conservation plans;

(f) Acquisition, development and maintenance of scenic and recreational highways, and rest areas, including landscaping and signing (chapter 47.39 RCW).

(3) The agency may exercise substantive authority to mitigate the environmental impacts of a project, according to the limitations provided in WAC 197-11-660, by conditioning or denying that project based upon agency SEPA policies.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-665, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.21C.120. WSR 96-01-029, § 352-11-665, filed 12/11/95, effective 1/11/96. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-665, filed 10/3/84.

Wash. Admin. Code § 352-11-910 Designation of responsible official.

(1) The authority of responsible official is delegated via the director, or designee, to staff.

(2) Depending upon the size and scope of the proposed action, the responsible official may be established at the level of director, deputy director, or assistant deputy director.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-11-910, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.21C.120. WSR 96-01-029, § 352-11-910, filed 12/11/95, effective 1/11/96. Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-910, filed 10/3/84.

Wash. Admin. Code § 352-11-950 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

History

Statutory Authority: Chapter 43.21C RCW. WSR 84-20-112 (Order 84), § 352-11-950, filed 10/3/84.

Chapter 352-12 Moorage and use of marine and inland water facilities.

Wash. Admin. Code § 352-12-005 Definitions.

As used in this chapter, the terms below mean the following, unless the context clearly requires otherwise:

(1) "Commercial vessel" means a vessel that is used, rigged, or licensed for any commercial use or purpose, but does not include vessels operated within the terms of a concession lease or agreement with the commission.

(2) "Commission" means the Washington state parks and recreation commission.

(3) "Designated fee facility" means any facility designated as a fee facility by the director or designee.

(4) "Director" means the director of the Washington state parks and recreation commission.

(5) "Facility" means state watercraft launches, park floats, piers, mooring buoys, docks, pilings, and linear moorage facilities.

(6) "Length" means the overall length of a vessel as measured in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, not including bowsprit or bumkin or as shown on vessel's state or coast guard registration certificate.

(7) "Manager or ranger" means a duly appointed Washington state parks ranger, or agent of the commission, who is vested with police powers under RCW 79A.05.160.

(8) "Night" means the period between 1 p.m. and 8 a.m.

(9) "Vessel" means watercraft of every description, used or capable of being used as a means of transportation on the water.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-12-005, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030, 79A.05.055, and 79A.05.070. WSR 04-01-068, § 352-12-005, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-005, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-08-027 (Order 59), § 352-12-005, filed 3/31/82.

Wash. Admin. Code § 352-12-010 Moorage and use of marine and inland water facilities.

(1) Marine and inland water facilities of the state parks within the Washington state parks and recreation commission system are designed and administered specifically to provide recreational opportunities for park visitors. Use of park facilities for purposes which are of a nonrecreational nature, such as long-term residency at park facilities, obstructs opportunities for recreational use, and is inconsistent with the purposes for which those facilities were designed.

(2) In order to afford the general public the greatest possible use of facilities, continuous moorage at a facility by the same vessel shall be limited to three consecutive nights, after which the vessel must vacate the facility for twenty-four consecutive hours, unless otherwise posted by the manager at any individual facility or area.

(3) No person or persons shall moor, berth or store a vessel of any type in a commission owned or operated park or area except in facilities posted as available for such use.

(4) Use of facilities by commercial vessels is prohibited except for the loading and unloading of passengers transported for recreation purposes: Provided however, Managers and rangers may allow extended or night moorage at any facility to commercial vessels unloading passengers transported to the park for recreation purposes if in the manager's or ranger's sole discretion sufficient space is reasonably available therefor. Commercial recreation providers operating such vessels must be in possession of a commercial recreation provider permit as required under WAC 352-32-330.

(5) In order to maximize usable space at mooring floats, boaters shall moor their vessels as close as reasonably possible to vessels already moored; and dinghies shall not be left moored to transoms or swimsteps, nor tied to or alongside moorage floats. Dinghies shall be tied up only in designated spaces or outboard of the moored vessel. Rafting of vessels is also permitted, within posted limits, but not mandatory.

(6) Except where designated by the director or designee, use of any facility shall be on a first-come, first-served basis only. Reserving or retaining space to moor or berth a vessel at any facility, by means of a dinghy or any method other than occupying the space by the vessel to be moored, shall not be permitted.

(7) Open flames or live coals, or devices containing or using open flames, live coals or combustible materials, including but not limited to barbecues, hibachis, stoves and heaters, shall be permitted on floats or piers only when placed on a fireproof base and the fire is located away from fuel tanks and/or fuel vents. In case of dispute related to fire safety, the manager or ranger shall make final determination.

(8) Except as provided in WAC 352-12-060, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.055, and 79A.05.070. WSR 04-01-068, § 352-12-010, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-010, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-12-010, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-12-010, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. WSR 83-06-051 (Order 65), § 352-12-010, filed 3/2/83. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-08-027 (Order 59), § 352-12-010, filed 3/31/82
filed 6/30/65.

Wash. Admin. Code § 352-12-020 Moorage fees.

(1) Vessels moored between 1 p.m. and 8 a.m. at those facilities designated by the director or designee shall be charged the moorage fee published by state parks: Provided, Vessels properly displaying a valid annual permit shall not be charged a moorage fee: Provided further, There shall be no moorage fee for any vessel riding on its own anchor: Provided further, There shall be no charge for temporary moorage for the purpose of loading or unloading a vessel, such temporary moorage shall be limited to thirty minutes.

(2) A vessel rafted to another vessel shall be charged the appropriate moorage fee based on that vessel's own length.

(3) Except as provided in WAC 352-12-060, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.055, and 79A.05.070. WSR 04-01-068, § 352-12-020, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-020, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-12-020, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 93-08-025, § 352-12-020, filed 3/30/93, effective 5/1/93. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-12-020, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 91-09-001, § 352-12-020, filed 4/4/91, effective 5/15/91
WSR 90-07-062, § 352-12-020, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-12-020, filed 3/18/88, effective 5/15/88
WSR 87-08-008 (Order 100), § 352-12-020, filed 3/23/87, effective 5/15/87. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 85-08-003 (Order 88), § 352-12-020, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 84-09-045 (Order 77), § 352-12-020, filed 4/16/84
WSR 82-08-027 (Order 59), § 352-12-020, filed 3/31/82.

Wash. Admin. Code § 352-12-030 Annual moorage permits.

(1) Annual moorage permits may be obtained for the period January 1 through December 31, inclusive. Application for such permits may be obtained from most state park office locations, or by submitting an application to the Commission Headquarters, P.O. Box 42650, Olympia, WA 98504-2650, or online at https://parks.wa.gov.

(2) Annual moorage permits will be issued for a specific recreational vessel. The charge for such permits will be based upon the length of the vessel for which the permit is issued and will be published by state parks. Annual moorage permits are intended for recreational use only and are not valid for commercial use.

(3) Annual permits shall be visible from outside the vessel, and permanently affixed to the lower left corner of the vessel's left (port) forward windshield, or to the left (port) outside transom, or if a sailboat, on the forward portion of the left (port) cabin trunk, or as otherwise instructed by the director or designee.

(4) Annual moorage permits are accepted at state parks saltwater sites that are designated first come, first served. Annual moorage permits are not valid at reservable marinas or freshwater facilities.

(5) Except as provided in WAC 352-12-060, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.070. WSR 24-10-018, § 352-12-030, filed 4/19/24, effective 5/20/24. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-12-030, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.055, and 79A.05.070. WSR 04-01-068, § 352-12-030, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-030, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-12-030, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 93-08-025, § 352-12-030, filed 3/30/93, effective 5/1/93. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-12-030, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 91-09-001, § 352-12-030, filed 4/4/91, effective 1/1/92
WSR 90-07-062, § 352-12-030, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-08-027 (Order 59), § 352-12-030, filed 3/31/82.

Wash. Admin. Code § 352-12-040 Use of onshore campsites.

If any person or persons from a vessel moored at a designated facility also occupies any designated campsite onshore, the appropriate fee for such campsite(s) shall be paid in addition to any moorage fee charged pursuant to this chapter as published by state parks. Except as provided in WAC 352-12-060, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-040, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-12-040, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-12-040, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-08-027 (Order 59), § 352-12-040, filed 3/31/82.

Wash. Admin. Code § 352-12-050 Self-registration.

In those designated facilities so posted by the manager, park visitors shall register for the use of facilities, overnight parking and onshore campsites, and pay the appropriate moorage, campsite fees or unattended vehicle overnight parking permit fee, on a self-registration basis, in accordance with all posted instructions. Failure to so register and pay required fees may result in a surcharge for failure to pay said fees and/or in eviction from moorage and campsite space, in addition to any other penalty prescribed by law for violation of commission rules and regulations. Except as provided in WAC 352-12-060, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.055, and 79A.05.070. WSR 04-01-068, § 352-12-050, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040. WSR 99-04-117, § 352-12-050, filed 2/3/99, effective 3/6/99
WSR 93-06-001, § 352-12-050, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-08-027 (Order 59), § 352-12-050, filed 3/31/82.

Chapter 352-16 Naming of state park areas and the land classification system.

Wash. Admin. Code § 352-16-010 Naming and classification of state park areas—Commission action.

(1) All areas dedicated for public park purposes, excluding separately located administrative areas, and under the ownership and/or management of the Washington state parks and recreation commission, shall be defined as state park areas.

(2) The official name of any state park area shall generally include in it the term "state park."

(3) The official naming of any state park area shall be the function of the commission: Provided, That the commission may not change any name established by the legislature, including specified conservation areas, seashore conservation areas and other recreation and open space areas.

(4) The official land classification, or reclassification, of any state park area, pursuant to WAC 352-16-020, shall be the function of the commission: Provided, That the director shall have authority to manage, on an interim basis, state park areas in accordance with any appropriate land classification prior to final commission action.

(5) Any named or unnamed state park area may have one or more land classifications within its boundary.

(6) Land classifications defined in this chapter shall apply throughout Title 352 WAC.

History

Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-16-010, filed 12/18/95, effective 1/18/96
Order 7, § 352-16-010, filed 4/1/70.

Wash. Admin. Code § 352-16-020 Land classification system.

State park areas are of statewide natural, cultural and/or recreational significance and/or outstanding scenic beauty. They provide varied facilities serving low-intensity, medium-intensity, and high-intensity outdoor recreation activities, areas reserved for preservation, scientific research, education, public assembly, and/or environmental interpretation, and support facilities. They may be classified in whole or part as follows:

(1) Recreation areas are suited and/or developed for high-intensity outdoor recreational use, conference, cultural and/or educational centers, or other uses serving large numbers of people.

(2) Resource recreation areas are suited and/or developed for natural and/or cultural resource-based medium-intensity and low-intensity outdoor recreational use.

(3) Natural areas are designated for preservation, restoration, and interpretation of natural processes and/or features of significant ecological, geological or paleontological value while providing for low-intensity outdoor recreation activities as subordinate uses.

(4) Heritage areas are designated for preservation, restoration, and interpretation of unique or unusual archaeological, historical, scientific, and/or cultural features, and traditional cultural properties, which are of statewide or national significance.

(5) Natural forest areas are designated for preservation, restoration, and interpretation of natural forest processes while providing for low-intensity outdoor recreation activities as subordinate uses, and which contain:

(a) Old-growth forest communities that have developed for one hundred fifty years or longer and have the following structural characteristics: Large old-growth trees, large snags, large logs on land, and large logs in streams; or

(b) Mature forest communities that have developed for ninety years or longer; or

(6) Natural area preserves are designated for preservation of rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are registered and committed as a natural area preserve through a cooperative agreement with an appropriate natural resource agency pursuant to chapter 79.70 RCW and chapter 332-60 WAC.

History

Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-16-020, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.045. WSR 84-08-016 (Resolution No. 74), § 352-16-020, filed 3/27/84
Order 31, § 352-16-020, filed 3/28/77
Order 18, § 352-16-020, filed 2/1/74
Order 7, § 352-16-020, filed 4/1/70.

Wash. Admin. Code § 352-16-030 Management within land classifications.

(1) The director shall develop management guidelines for each land classification listed in WAC 352-16-020. The guidelines shall provide specific direction for each classification, outlining the philosophy of each classification, its appropriate physical features, location, allowed and prohibited activities, and allowed and prohibited developments.

(2) Nothing in this section shall be construed to allow uses that are otherwise prohibited, nor prohibit uses that are otherwise expressly allowed, by the commission, this code or by statute.

History

Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-16-030, filed 12/18/95, effective 1/18/96.

Chapter 352-18 Background checks for job applicants, volunteers and independent contractors.

Wash. Admin. Code § 352-18-010 What definitions apply to this chapter?

The following definitions apply:

"Child" means an individual that has not reached the age of sixteen.

"Criminal background check" means a criminal history record information search that may include but is not limited to, the following:

(a) A record check of arrests and convictions through the Washington state patrol;

(b) Fingerprints processed through the FBI to obtain a complete criminal history.

"Independent contractor" means any independent for-profit or nonprofit private person or organization with which the commission has or is considering a contractual relationship. In the case of large organizations, the contractor background to be reviewed is that of the organization's principal on-site manager.

"Job applicant" means any applicant for a Washington state parks position who is not permanently employed by Washington state parks as of July 24, 2005.

"Unsupervised access" means that an individual will or may be left alone with a child or vulnerable adult at any time or any length of time.

"Volunteer" means a person who is willing to work without expectation of salary or financial reward.

"Vulnerable adult" means adults of any age who lack the functional, mental, or physical ability to care for themselves. As defined in chapter 74.34 RCW "vulnerable adult" includes a person: Found incapacitated under chapter 11.88 RCW; or who has a developmental disability as defined under RCW 71A.10.020; or admitted to any facility; or receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or receiving services from an individual provider.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-18-010, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-010, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-020 Who may be subject to criminal background checks?

The Washington state parks and recreation commission requires criminal background checks on job applicants, volunteers, and independent contractors who:

(1) Have unsupervised access to children or vulnerable adults; or

(2) Persons who will be responsible for collecting or disbursing agency cash or processing credit/debit card transactions.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-18-020, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-020, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-021 Will a criminal conviction prohibit me from working, volunteering, or contracting with Washington state parks?

(1) Conviction of a crime will not automatically preclude a person from working, volunteering, or contracting with Washington state parks. The nature of the conviction and any extenuating or mitigating circumstances will be considered.

(2) Convictions for certain crimes may prohibit you from working, volunteering, or contracting with Washington state parks. Those convictions include but are not limited to:

(a) A crime against another person;

(b) A crime against a child (including child pornography);

(d) Spousal abuse;

(e) Animal cruelty crimes;

(f) A crime relating to the possession, sale, distribution, manufacture or use of an illegal drug;

(g) Indecent exposure;

(h) Fraud or false pretenses in obtaining something of value;

(i) Larceny or a misdemeanor theft by taking;

(j) Soliciting for prostitutes;

(k) Pattern of failure to file federal tax returns in years in which taxes are due;

(l) Criminal issuance of a bad check;

(m) Make a false report of a crime.

(3) Washington state parks may consider the following mitigating factors:

(a) The seriousness of the crime that led to the conviction;

(b) The number and types of other convictions in your background;

(d) The amount of time that has passed since your conviction; and

(e) Documentation indicating that you have successfully completed all court-ordered programs and restitution.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-021, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-022 To whom is the criminal background check information released?

(1) Washington state parks will only share pass/fail results of the criminal background check with the supervisor(s) except as provided by chapters 42.56 and 10.97 RCW.

(2) Washington state parks will follow laws related to the release of criminal history records (chapter 10.97 RCW and RCW 43.43.570) and public disclosure (chapter 42.56 RCW) when releasing any information.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-18-022, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-022, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-023 How will I know if I have been disqualified by the criminal background check?

Job applicants, volunteers, and independent contractors who fail to pass a background check will be notified in writing by Washington state parks that they did not pass the criminal background check.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-023, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-024 What do I do if I disagree with the results of the criminal background check?

(1) Job applicants, volunteers, and independent contractors who do not pass the criminal background check are entitled to challenge the accuracy and completeness of any information contained in their background check. Contact may be made with Washington state parks human resources or the volunteer programs to review the information.

(2) Disqualified individuals may provide, in writing, justification/explanation with supporting documentation to the state parks director requesting further consideration at P.O. Box 42650, Olympia, WA 98504.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-18-024, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-024, filed 11/21/07, effective 12/22/07.

Wash. Admin. Code § 352-18-030 What happens if I do not comply with the criminal background check or make false statements in my application?

(1) Washington state parks will not hire, continue to employ, allow volunteering or contracting with individuals who do not consent to a criminal background check or refuse to be fingerprinted.

(2) Washington state parks will not hire, continue to employ, allow volunteering, or contracting with individuals who make false statements orally or in writing regarding the criminal background check.

(3) Any person making false statements regarding their criminal background check may be denied employment or their employment terminated.

(4) Any person refusing a criminal background check may be refused employment.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030(10). WSR 07-24-001, § 352-18-030, filed 11/21/07, effective 12/22/07.

Chapter 352-20 Use of motor driven vehicles in state parks—Parking restrictions—Violations.

Wash. Admin. Code § 352-20-005 Definitions.

Whenever used in this chapter, the following terms shall be defined as indicated herein:

(1) "Motor vehicle" shall mean any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motorbikes, motor scooters, jeeps, or similar type 4-wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways.

(2) "Trail" shall mean any path or track designed for use of pedestrians or equestrians and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar substance, so as to permit its use by standard passenger automobiles; or any other right of way specifically designated and posted for nonvehicular use.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-20-005, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-20-010 Stopping, standing or parking prohibited in specified areas.

(1) No operator of any automobile, trailer, camper, boat trailer, or other vehicle, shall park such vehicle in any state park area, except where the operator obtains and properly displays the required state parks' permit and the vehicle is parked either in a designated parking area, or in another area with the permission of a ranger.

(2) No person shall park, leave standing, or abandon a vehicle in any state park area after closing time, except when camping in a designated area, or with permission from the ranger.

(3) No person shall park, leave standing, or abandon a vehicle being used for commercial purposes in any state park area without written permission from the ranger.

(4) Any vehicle found parked in violation of subsection (1), (2), or (3) of this section may be towed away at the owner's or operator's expense.

(5) In any infraction involving stopping, standing or parking of vehicles, proof that the particular vehicle described in the notice of infraction was stopping, standing or parking in violation of any such provision of this section together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which the violation occurred.

(6) Except as provided in WAC 352-20-070, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-20-010, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-20-010, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-010, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 90-07-062, § 352-20-010, filed 3/20/90, effective 4/20/90
Order 9, § 352-20-010, filed 11/24/70
Rule filed 8/24/67.

Wash. Admin. Code § 352-20-020 Motor vehicles on roads and trails.

(1) No person shall operate any motor vehicle on a trail in any state park area unless such trail has been specifically designated and posted for such use.

(2) Subject to the provisions of subsection (1) of this section, no person shall operate a motor vehicle within the boundaries of a state park area except on roads, streets, highways, parking lots, parking areas, ATV areas or snowmobile trails and areas authorized for such use.

(3) No person shall operate a motor vehicle on any identified winter recreation groomed or ungroomed trail during official winter closures except snowmobiles on authorized snowmobile trails.

(4) Except as provided in WAC 352-20-070, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-20-020, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-020, filed 9/17/92, effective 10/18/92
Order 29, § 352-20-020, filed 1/26/77
Order 9, § 352-20-020, filed 11/24/70
Resolution filed 12/11/67.

Wash. Admin. Code § 352-20-030 Speed limits.

No person shall drive a motor vehicle within any state park area at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife: Provided, however, That in no event shall a vehicle be driven at a speed greater than 15 miles per hour in camp, picnic, utility, or headquarters areas, or in areas of general public assemblage: And provided further, That in no event shall a vehicle be driven at a speed greater than 25 miles per hour in any other area except designated ATV areas and trails. In no event shall a person operate a vehicle in a designated ATV area or trail at a speed which is not reasonable and prudent for the activity and existing conditions. The commission, however, upon finding that the safety of persons and the condition of the road and the traffic thereon so warrants, may establish lower speed limits and shall post the same in the area where so established. Except as provided in WAC 352-20-070, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-030, filed 9/17/92, effective 10/18/92
Order 29, § 352-20-030, filed 1/26/77
Order 9, § 352-20-030, filed 11/24/70.

Wash. Admin. Code § 352-20-040 Vehicles in snow areas.

All vehicles operating upon roads within the boundaries of any state park area when such roads are covered with snow or ice, and so posted, shall be equipped with approved snow tires or chains. Roads and conditions will be posted and traffic permitted only at the discretion of the ranger. Except as provided in WAC 352-20-070, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-040, filed 9/17/92, effective 10/18/92
Order 9, § 352-20-040, filed 11/24/70.

Wash. Admin. Code § 352-20-050 Trucks and commercial vehicles.

No person shall cause a truck or other vehicle while being used for commercial purposes to enter upon, use, or traverse any portion of any state park area or any park road therein except in the service of the commission at the request of an employee or concessionaire of the commission, or by express permission of the director for a special activity not inconsistent with state park use: Provided, That the provisions of this section shall not apply to county roads or state highways.

Any vehicle in violation of this section may be towed away at the owner's or operator's expense. Except as provided in WAC 352-20-070, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-050, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 90-07-062, § 352-20-050, filed 3/20/90, effective 4/20/90
Order 9, § 352-20-050, filed 11/24/70.

Wash. Admin. Code § 352-20-070 Penalties.

Any violation designated in this chapter as a civil infraction shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court pursuant to chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-20-070, filed 9/17/92, effective 10/18/92.

Chapter 352-28 Protection and conservation of state park natural resources.

Wash. Admin. Code § 352-28-005 Definitions.

When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

(1) "Commission" means the Washington state parks and recreation commission.

(2) "Conservation" means the professional management of the agency's natural resources to ensure their long-term presence, function and enjoyment by the public.

(3) "Cruise" means a forest survey to locate and estimate the quantity of timber on a given area according to species, size, quality, possible products, or other characteristics.

(4) "Director" means the director of the Washington state parks and recreation commission.

(5) "Emergency tree" means any tree that has already failed, or that poses an imminent or probable likelihood of failure before the next inspection, based on the judgment of a professional forester, certified arborist, or staff member trained in tree risk rating and abatement techniques approved by the agency, and which due to its location, could impact a target.

(6) "Endangered species" means each plant, fungus and lichen species identified as endangered on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as endangered by the Washington department of fish and wildlife in WAC 220-610-010.

(7) "Natural resource(s)" includes biological organisms, their processes, dead or organic matter, soils, and geologic materials.

(8) "Resource conservation plan" means a plan that advances the stewardship of that resource. The plan may address, although not be limited to, resource conservation, protection, restoration or mitigation.

(9) "Sensitive species" means each plant, fungus and lichen species identified as sensitive on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as sensitive on the list of such species prepared by the Washington department of fish and wildlife.

(10) "Significant tree" means living and dead standing trees greater than 10 inches in diameter at breast height (4.5 feet above the ground).

(11) "Target" means a structure, facility, property, activity, or person that has the potential to be hit or impacted by a falling tree or tree part.

(12) "Threatened species" means each plant, fungus and lichen species identified as threatened on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as threatened on the list of such species prepared by the Washington department of fish and wildlife.

(13) "Timber" means forest trees of commercial value.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030. WSR 21-19-096, § 352-28-005, filed 9/17/21, effective 10/18/21. Statutory Authority: RCW 79A.05.035, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 10-15-024, § 352-28-005, filed 7/12/10, effective 8/12/10. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-005, filed 2/7/08, effective 3/9/08. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-28-005, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040. WSR 94-10-012, § 352-28-005, filed 4/25/94, effective 5/26/94. Statutory Authority: RCW 43.51.040 and 43.51.045. WSR 84-08-017 (Resolution No. 76), § 352-28-005, filed 3/27/84.

Wash. Admin. Code § 352-28-010 Cutting, collection and removal of natural resources.

(1) Trees may be cut and removed subject to the following limitations:

(a) Significant trees: Except in emergencies and when feasible, significant trees in any area under the jurisdiction and/or management of the commission shall be removed only after they have been evaluated, rated, appraised and marked by a professional forester, certified arborist, or staff member trained in agency-approved tree risk rating and abatement techniques. In addition, except where deemed an emergency tree, or in the event of wildfire, weather, or other natural emergencies, significant trees can be cut or removed only after compliance with (d) of this subsection and subsection (4) of this section, agency review through the tree activity worksheet process and upon the written approval of the director or the designee of the director.

(b) Emergency trees: The park manager or designee trained in tree risk rating and abatement techniques as prescribed by the agency forester or certified arborist is authorized to immediately close the target area, and where the target cannot be relocated, cut or remove the emergency tree.

(c) Worksheet: The cutting or removal of any significant trees in landscapes classified recreation, heritage, or resource recreation by the commission shall, except in the case of emergency trees, occur only after agency review through the tree activity worksheet process and the written approval of the director or designee.

(d) Consultation: The cutting or removal of any significant trees in a natural area, natural forest area or natural area preserve shall, except in the case of emergency trees, be approved only by the director or designee and only after consultation with the Washington department of fish and wildlife and the department of natural resources Washington natural heritage program, the preparation of a resource conservation plan for affected natural resources, and a public hearing in the county/counties in which the cutting or removal is to take place.

(2) Native plants, fungi, and dead organic matter: The cutting or removal of natural resources, other than trees or those specified in WAC 352-32-350, 352-28-030 and 352-28-040, will only occur as a part of a resource conservation plan approved by the director or designee.

(3) Protected species: Natural resources may be cut and/or removed from areas supporting protected species, or for the purposes of enhancing habitat for protected species, under the following conditions:

(a) The cutting or removal of natural resources in any area known to be inhabited by endangered, threatened, or sensitive species shall, except in emergencies as defined in subsection (1)(b) of this section, follow requirements of the department of fish and wildlife and of the department of natural resources Washington natural heritage program and be approved only by the director or designee after consultation with those agencies, and the preparation of a mitigation plan for affected species.

(b) The cutting or removal of natural resources to enhance the habitat of a sensitive, threatened, or endangered species as defined in WAC 352-28-005, on lands managed by the commission or on other state lands, will only occur as a part of an interagency agreement or resource conservation plan that involves consultation with the Washington department of fish and wildlife, department of natural resources Washington natural heritage program, and as appropriate, other agencies and groups with expertise with these species, and is approved by the director or designee.

(4) Land classification (chapter 352-16 WAC) criteria: Natural resources may be cut and/or removed from the areas listed below for the following reasons only:

(a) Natural area preserves:

(i) Maintenance or construction of service roads, boundary fences, or trails, or modification of conditions only as may be required, and only where necessary, to meet park management goals and mitigated in a resource conservation plan that involves consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies and is approved by the director or the designee of the director.

(ii) Maintain or restore a native plant community, species population, or ecological process as specified in a natural area preserve management plan prepared in consultation with the department of natural resources Washington natural heritage program.

(iii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

(iv) Control of diseases and insect infestations where adjacent lands are severely jeopardized or where a drastic alteration of the natural environment is expected to occur, after consultation with the department of natural resources Washington natural heritage program and other agencies and groups with expertise in ecosystem health as deemed appropriate by the director.

(v) Prevent the deterioration or loss of or facilitate the restoration of historical/cultural resources.

(vi) Maintenance or construction of fire lanes for abatement of fires.

(vii) Collection of specimens as specified in WAC 352-28-040, including consultation with the department of natural resources Washington natural heritage program.

(b) Natural areas and natural forest areas:

(i) Maintenance or construction of boundary fences, trails, trail structures, trail head facilities, interpretive sites, utility easements, or service roads only as may be required, and only where absolutely necessary to meet park management goals and mitigated in a resource conservation plan that involves consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies and is approved by the director or the designee of the director.

(ii) Maintain or restore a native plant community, species population, or ecological process as specified in a natural resource conservation plan prepared in consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies.

(iii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

(v) Prevent the deterioration or loss of or facilitate the restoration of historical/cultural resources.

(vi) Maintenance or construction of fire lanes for abatement of fires.

(vii) Collection of edibles as specified in WAC 352-28-030 or specimens as specified in WAC 352-28-040.

(i) Area clearing necessary for park maintenance, and/or park development projects for day use and overnight recreation facilities, road and utility easements, and administrative facilities.

(ii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.

(iii) Cleanup of trees fallen, tipped, or damaged by the weather, fire, or other natural causes where they directly interfere with park management activities.

(iv) Creation of diverse native trees and other plants, coarse woody debris, and fungi sizes, ages, and species to achieve visual aspects that resemble a formal landscape, natural or historical setting, or to improve wildlife habitat.

(v) Maintenance or creation of a regenerating natural environment that will sustain low ground cover, shrubs, and understory and overstory trees to provide screening, wind, and sun protection.

(vi) Control of diseases and insect infestations where adjacent lands are severely jeopardized or where a drastic alteration of the natural environment is expected to occur.

(vii) Prevent the deterioration or loss of historical/cultural resources.

(viii) Maintenance or construction of fire lanes for abatement of fires.

(ix) Modification of conditions to maintain or restore a desired plant community, species population, or ecological process.

(x) Collection of edibles as specified in WAC 352-28-030 or specimens as specified in WAC 352-28-040.

(5) Use of fallen trees: When feasible, fallen trees shall be left on the ground when deemed environmentally beneficial or used for park purposes such as, but not limited to, approved building projects, trail mulching, and firewood, or where the tree has no economic values contributed to a state managed resource conservation effort. In natural area preserves, natural forest areas, natural areas, and resource recreation areas first consideration shall be given to leaving trees on the ground for natural purposes.

(6) Parks use: Subject to the guidelines of this section, the commission may authorize the use of natural resources within recreation areas, resource recreation areas, and heritage areas for park purposes.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030. WSR 21-19-096, § 352-28-010, filed 9/17/21, effective 10/18/21. Statutory Authority: RCW 79A.05.035, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 10-15-024, § 352-28-010, filed 7/12/10, effective 8/12/10. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-010, filed 2/7/08, effective 3/9/08. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.075. WSR 05-17-105, § 352-28-010, filed 8/16/05, effective 9/16/05. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-28-010, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040. WSR 94-10-012, § 352-28-010, filed 4/25/94, effective 5/26/94. Statutory Authority: RCW 43.51.040 and 43.51.045. WSR 84-08-017 (Resolution No. 76), § 352-28-010, filed 3/27/84
Order 7, § 352-28-010, filed 4/1/70.

Wash. Admin. Code § 352-28-020 Resource sales and leases.

The following qualifications, procedures, and general provisions pertain to the sale of natural resources from commission owned or managed lands:

(1) Subject to the limitations set forth under WAC 352-28-010(4), the sale of natural resources will be undertaken only where they advance a commission approved development, are part of a resource conservation plan or interagency agreement approved by the director or designee, or are deemed by the director or designee to advance agency stewardship goals and are surplus to the park's needs.

(2) Prior to a sale of natural resources, qualified park personnel or their designated agent shall conduct an inventory or cruise of the materials, appraise the value of such materials, and establish a minimum acceptable bid, unless such natural resources are for use by the park or qualify for direct sale under subsection (5) of this section.

Where timber is to be sold, such timber shall be cruised or appraised using methods consistent with those applied by the Washington department of natural resources or other applicable professional standards of forest land and timber appraisal. Complete records of the methods and assumptions used to make the cruise or timber appraisal and estimated minimum acceptable bids shall be maintained.

(3) Sales of timber where the cruised volume of the timber is in excess of one million board-feet shall require approval by a majority of the commission.

(4) Sales of timber where the cruised volume of the timber is less than or equal to one million board-feet and greater than five thousand board-feet shall require approval by the director or designee. The director may defer approval to the commission, in which case it shall require approval by a majority of the commission.

(5) Sales of timber where the cruised volume of timber is less than or equal to five thousand board-feet shall require approval by the natural resources program manager.

(6) Sales of timber resulting from the conversion of forest land for the development of park facilities where the appraised value of the timber removed is in excess of twenty-five thousand dollars shall require approval by a majority of the commission.

(7) Sales of natural resources other than timber where the appraised value is in excess of twenty-five thousand dollars shall require approval by a majority of the commission.

(8) All sales shall be conducted pursuant to procedures approved by the commission.

History

Statutory Authority: RCW 79A.05.070 and 79A.05.030. WSR 21-19-096, § 352-28-020, filed 9/17/21, effective 10/18/21. Statutory Authority: RCW 79A.05.035, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 10-15-024, § 352-28-020, filed 7/12/10, effective 8/12/10. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-020, filed 2/7/08, effective 3/9/08. Statutory Authority: RCW 43.51.040 and 43.51.045. WSR 84-08-017 (Resolution No. 76), § 352-28-020, filed 3/27/84
Order 26, § 352-28-020, filed 6/16/76
Order 7, § 352-28-020, filed 4/1/70.

Wash. Admin. Code § 352-28-030 Harvest of edibles.

Nonmarine edible plants and edible fruiting bodies, including mushrooms, shall be managed by the agency in accordance with WAC 352-28-010. The commercial harvest of edibles is not allowed on park lands. The harvest of edibles for personal consumption, or scientific or educational projects, is subject to the following conditions:

(1) Personal consumption: The recreational harvest, possession, or transport of edible plants and edible fruiting bodies including, but not limited to, mushrooms, berries, and nuts, is allowed up to an amount of two gallons per person per day, unless otherwise posted at the park. The harvest amount may be comprised of one or more species. The harvest may occur within the following park classification areas: Recreation, resource recreation, natural, natural forest, heritage, or in parks not yet classified. No harvest of edible plants or edible fruiting bodies, including mushrooms, is allowed within a natural area preserve. This rule is not intended to limit federally reserved tribal rights, including treaty rights.

(2) Scientific or educational projects: The harvest of edible plants and/or edible fruiting bodies, including mushrooms, for scientific or educational projects is subject to an approved agency research permit as described in WAC 352-28-040. The approval shall specify a harvest amount not to exceed the minimum quantity necessary for the purposes of the project. The harvest may occur within all park classification areas.

(3) Harvest techniques that involve raking or other techniques that have the potential to degrade park natural or cultural resources are prohibited.

(4) The director or the designee of the director may close, temporarily close, or condition public access to certain park areas for recreational harvesting of edibles upon finding that the activity degrades or threatens to degrade the park's natural or cultural resources, or to protect public health, safety, and welfare. Such closure shall be posted at the entrance to the park area affected and at the park office.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-030, filed 2/7/08, effective 3/9/08. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.075. WSR 05-17-105, § 352-28-030, filed 8/16/05, effective 9/16/05.

Wash. Admin. Code § 352-28-040 Research permits and research collections.

Fauna, flora, fungi, and organic and inorganic materials may be removed from parklands for research purposes in accordance with RCW 79A.05.165. Removal for scientific or educational purposes is subject to the approval of an agency approved research permit signed by the director or the designee of the director. Collections involving fauna will require an approved collection permit from the Washington department of fish and wildlife. Collections involving endangered, threatened, or sensitive species will require approval from the Washington department of fish and wildlife and the department of natural resources Washington natural heritage program.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-040, filed 2/7/08, effective 3/9/08.

Wash. Admin. Code § 352-28-050 Protecting and restoring degraded natural resources.

The state park system contains a diverse array of natural resources. Select resources, of high biological significance, may warrant a high-level of protection from human impacts to preserve them. In addition, efforts to rehabilitate or restore these resources may require little or no human impacts during the recovery period. Hence, public access to park lands may be limited or prohibited for short or long periods of time by the director, or the designee of the director, where the following criteria are met:

(1) A significant resource is deemed at risk of degradation from human activities;

(2) A conservation plan, involving consultation with the department of natural resources Washington natural heritage program and other agencies and groups with expertise in ecosystem health as deemed appropriate by the director or the designee of the director, has been developed to protect, restore, or rehabilitate the significant resources; and

(3) A public meeting on all closures destined to exceed one year is conducted in the county in which the affected park lands occur. Prior notice of a hearing shall be published in a newspaper of general circulation in such county. Any person who requests notification of the proposed closure shall be sent prior notice of the meeting by mail. A summary of the testimony presented at a meeting or received in writing shall be presented to the director.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, 79A.05.075, and 79A.05.165. WSR 08-05-009, § 352-28-050, filed 2/7/08, effective 3/9/08.

Chapter 352-32 Public use of state park areas.

Wash. Admin. Code § 352-32-010 Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated:

"Aircraft" shall mean any machine designed to travel through the air, whether heavier or lighter than air; airplane, dirigible, balloon, helicopter, etc. The term aircraft shall not include paraglider or remote controlled aircraft.

"Aquatic facility" shall mean any structure or area within a state park designated by the director or designee for aquatic activities including, but not limited to, swimming pools, wading pools, swimming beaches, floats, docks, ramps, piers or underwater parks.

"Bivouac" shall mean to camp overnight on a vertical rock climbing route on a ledge or in a hammock sling.

"Campfires" shall mean any open flame from a wood source.

"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.

"Camping party" shall mean an individual or a group of people (two or more persons not to exceed eight) that is organized, equipped and capable of sustaining its own camping activity in a single campsite. A "camping party" is a "camping unit" for purposes of RCW 79A.05.065.

"Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.

"Commercial recreation use" is a recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than state parks or a state park concessionaire.

"Commercial use (nonrecreation)" is any activity involving commercial or business purpose within a state park that may impact park facilities, park visitors or staff and is compatible with recreational use and stewardship, limited in duration and does not significantly block/alter access or negatively impact recreational users.

"Commission" shall mean the Washington state parks and recreation commission.

"Conference center" shall mean a state park facility designated as such by the director or designee that provides specialized services, day-use and overnight accommodations available by reservation for organized group activities.

"Day area parking space" shall mean any designated parking space within any state park area designated for daytime vehicle parking.

"Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.

"Disrobe" shall mean to undress so as to appear nude.

"Emergency area" is an area in the park separate from the designated overnight camping area, which the park manager decides may be used for camping when no alternative camping facilities are available within reasonable driving distances.

"Environmental interpretation" shall mean the provision of services, materials, publications and/or facilities, including environmental learning centers (ELCs), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public understanding, appreciation and enjoyment of the state's natural and cultural heritage through agency directed or self-learning activities.

"Environmental learning centers (ELCs)" shall mean those specialized facilities, designated by the director or designee, designed to promote outdoor recreation experiences and environmental education in a range of state park settings.

"Extra vehicle" shall mean each additional unhitched vehicle in excess of the one recreational vehicle that will be parked in a designated campsite or parking area for overnight.

"Fire" shall mean any open flame from any source or device including, but not limited to, campfires, stoves, candles, torches, barbeques and charcoal.

"Fish" shall mean all marine and freshwater fish and shellfish species including all species of aquatic invertebrates.

"Foster family home" means an agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.

"Geocache" shall mean geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called "geocachers") use a Global Positioning System receiver or other navigational techniques to hide and seek containers (called "geocaches" or "caches").

"Group" shall mean 20 or more people engaged together in an activity.

"Group camping areas" are designated areas usually primitive with minimal utilities and site amenities and are for the use of organized groups. Facilities and extent of development vary from park to park.

"Hiker/biker campsite" shall mean a campsite that is to be used solely by visitors arriving at the park on foot or bicycle.

"Intimidate" means to engage in conduct that would make a reasonable person fearful.

"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped.

"Multiple campsite" shall mean a designated and posted camping facility encompassing two or more individual standard, utility or primitive campsites.

"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to WAC 352-32-165 shall not constitute obstruction of pedestrian or vehicular traffic.

"Out-of-home care" means placement in a foster family home or with a person related to the child under the authority of chapters 13.32A, 13.34, or 74.13 RCW.

"Overflow area" shall mean an area in a park separate from designated overnight and emergency camping areas, designated by the park manager, for camping to accommodate peak camping demands in the geographic region.

"Overnight accommodations" shall mean any facility or site designated for overnight occupancy within a state park area.

"Paraglider" shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot's harness and fasteners. The term "paraglider" shall not include hang gliders or parachutes.

"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Person related to the child" means those persons referred to in RCW 74.15.020 (2)(a)(i) through (vi).

"Personal watercraft" means a vessel of less than 16 feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

"Popular destination park" shall mean any state park designated by the director or designee as a popular destination park because, it is typically occupied to capacity on Friday or Saturday night during the high use season.

"Primitive campsite" shall mean a campsite not provided with flush comfort station nearby and which may not have any of the amenities of a standard campsite.

"Public assembly" shall mean a meeting, rally, gathering, demonstration, vigil, picketing, speechmaking, march, parade, religious service, or other congregation of persons for the purpose of public expression of views of a political or religious nature for which there is a reasonable expectation that a minimum of 20 persons will attend based on information provided by the applicant. Public assemblies must be open to all members of the public, and are generally the subject of attendance solicitations circulated prior to the event, such as media advertising, flyers, brochures, word-of-mouth notification, or other form of prior encouragement to attend.

Alternatively, the agency director or designee may declare an event to be a public assembly in the following cases: Where evidentiary circumstances and supporting material suggest that more than 100 persons will attend, even where the applicant does not indicate such an expectation; or where there is reason to expect a need for special preparations by the agency or the applicant, due to the nature or location of the event.

"Ranger" shall mean a duly appointed Washington state parks ranger who is vested with police powers under RCW 79A.05.160, and shall include the park manager in charge of any state park area.

"Recreation vehicle" shall mean a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus, or any similar type vehicle which contains sleeping and/or housekeeping accommodations.

"Remote controlled aircraft" shall mean nonpeopled model aircraft and other unmanned aircraft systems, including those commonly known as "drones" that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion. The flight is controlled by a person on the ground using a hand held radio control transmitter.

"Residence" shall mean the long-term habitation of facilities at a given state park for purposes whose primary character is not recreational. "Residence" is characterized by one or both of the following patterns:

(a) Camping at a given park shall be no more than 10 nights in one park within a 30-day period. Total nights stayed by the same camping party must not exceed 90 nights per calendar year in all state parks. The time period shall begin on the date for which the first night's fee is paid.

(b) The designation of the park facility as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.

"Seaweed" shall mean all species of marine algae and flowering sea grasses.

"Sno-park" shall mean any designated winter recreational parking area.

"Special groomed trail area" shall mean those sno-park areas designated by the director as requiring a special groomed trail permit.

"Special recreation event" shall mean a group recreation activity in a state park sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at the state park to ensure public welfare and safety and facility and/or environmental protection.

"Standard campsite" shall mean a designated camping site which is served by nearby domestic water, sink waste, garbage disposal, and flush comfort station.

"State park area" shall mean any area under the ownership, management, or control of the commission, including trust lands which have been withdrawn from sale or lease by order of the commissioner of public lands and the management of which has been transferred to the commission, and specifically including all those areas defined in WAC 352-16-020. State park areas do not include the seashore conservation area as defined in RCW 79A.05.605 and as regulated under chapter 352-37 WAC.

"Trailer dump station" shall mean any state park sewage disposal facility designated for the disposal of sewage waste from any recreation vehicle, other than as may be provided in a utility campsite.

"Upland" shall mean all lands lying above mean high water.

"Utility campsite" shall mean a standard campsite with the addition of electricity and which may have domestic water and/or sewer.

"Vehicle" shall include every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway. For the purposes of this chapter, this definition excludes bicycles, wheelchairs, motorized foot scooters, electric personal assistive mobility devices (EPAMDs), snowmobiles and other nonlicensed vehicles.

"Vehicle parking permit" means the permit issued on a daily, multiple day or annual basis for parking a vehicle in any state park area designated for daytime vehicle parking, excluding designated sno-park parking areas.

"Vessel" shall mean any watercraft used or capable of being used as a means of transportation on the water.

"Walk-in campsite" shall mean a campsite that is accessed only by walking to the site and which may or may not have vehicle parking available near by.

"Watercraft launch" is any developed launch ramp designated for the purpose of placing or retrieving watercraft into or out of the water.

"Water trail advisory committee" shall mean the 12-member committee constituted by RCW 79A.05.420.

"Water trail camping sites" shall mean those specially designated group camp areas identified with signs, that are near water ways, and that have varying facilities and extent of development.

"Wood debris" shall mean down and dead tree material.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.070(6). WSR 24-15-092, § 352-32-010, filed 7/19/24, effective 8/19/24. Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-32-010, filed 4/20/16, effective 5/21/16. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-010, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-010, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-32-010, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-010, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-010, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 02-19-069, § 352-32-010, filed 9/13/02, effective 10/14/02. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-010, filed 6/16/00, effective 7/17/00. Statutory Authority: Chapter 79A.05 RCW and RCW 79A.05.070. WSR 00-01-201, § 352-32-010, filed 12/22/99, effective 1/22/00. Statutory Authority: RCW 43.51.040(2). WSR 98-23-063, § 352-32-010, filed 11/16/98, effective 1/1/99. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-010, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. WSR 97-21-133, § 352-32-010, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-32-010, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.180. WSR 96-02-015, § 352-32-010, filed 12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-010, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. WSR 95-07-061, § 352-32-010, filed 3/13/95, effective 4/13/95. Statutory Authority: RCW 43.51.040. WSR 94-23-024, § 352-32-010, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. WSR 94-08-036, § 352-32-010, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. WSR 94-01-087, § 352-32-010, filed 12/13/93, effective 1/13/94
WSR 93-08-025, § 352-32-010, filed 3/30/93, effective 5/1/93
WSR 93-06-001, § 352-32-010, filed 2/17/93, effective 3/20/93
WSR 91-09-001, § 352-32-010, filed 4/4/91, effective 5/15/91. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 89-07-020 (Order 89-01), § 352-32-010, filed 3/7/89. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. WSR 87-24-032 (Order 102), § 352-32-010, filed 11/24/87. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 87-08-008 (Order 100), § 352-32-010, filed 3/23/87, effective 5/15/87
WSR 86-06-020 (Order 91), § 352-32-010, filed 2/25/86
WSR 81-09-034 (Order 50), § 352-32-010, filed 4/14/81. Statutory Authority: RCW 43.51.040. WSR 80-14-009 (Order 48), § 352-32-010, filed 9/22/80. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 80-05-007 (Order 45), § 352-32-010, filed 4/4/80
Order 9, § 352-32-010, filed 11/24/70.

Wash. Admin. Code § 352-32-01001 Feeding wildlife.

No person shall intentionally feed, attract, or artificially sustain wildlife in state park areas. The feeding of indigenous wildlife is prohibited in all state park areas unless otherwise posted. This section does not apply to authorized feeding programs established with the Washington state department of fish and wildlife.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-01001, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-01001, filed 2/2/98, effective 3/5/98.

Wash. Admin. Code § 352-32-011 Dress standards.

(1) In order to identify temporary field operations personnel to the public for their safety and welfare, it is necessary for selected employees to furnish and wear apparel that will comply with a generally accepted dress standard common to the outdoor recreation industry.

(2) The apparel for male and female temporary field operations personnel shall consist of an agency approved long or short sleeve shirt/blouse and agency supplied logos as defined in the agency uniform manual.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-011, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 92-04-072, § 352-32-011, filed 2/4/92, effective 3/6/92
WSR 90-20-031, § 352-32-011, filed 9/25/90, effective 10/26/90.

Wash. Admin. Code § 352-32-030 Camping.

(1) Camping facilities of the state parks within the Washington state parks and recreation commission system are designed and administered specifically to provide recreational opportunities for park visitors. Use of park facilities for purposes which are of a nonrecreational nature, such as long-term residency at park facilities, obstructs opportunities for recreational use, and is inconsistent with the purposes for which those facilities were designed.

No person or camping party may use any state park facility for residence purposes, as defined (WAC 352-32-010).

(2) No person shall camp in any state park area except in areas specifically designated and/or marked for that purpose or as directed by a ranger.

(3) Occupants shall vacate camping facilities by removing their personal property therefrom: (a) No later than 1:00 p.m., (b) if the applicable camping fee has not been paid, or (c) if the time limit for occupancy of the campsite has expired, or (d) the site is reserved by another party. Remaining in a campsite beyond the established checkout time shall subject the occupant to the payment of an additional camping fee.

(4) Use of utility campsites by tent campers shall be subject to payment of the utility campsite fee except when otherwise specified by a ranger.

(5) A campsite is considered occupied when it is being used for purposes of camping by a person or persons who have paid the camping fee within the applicable time limits or when it has been reserved through the appropriate procedures of the reservation system. No person shall take or attempt to take possession of a campsite when it is being occupied by another party, or when informed by a ranger that such site is occupied, or when the site is posted with a "reserved" sign or when the campsite has an incoming reservation. In the case of a reserved site, a person holding a valid reservation for that specific site may occupy it according to the rules relating to the reservation system for that park. In order to afford the public the greatest possible use of the state park system on a fair and equal basis, campsites in those parks not on the state park reservation system will be available on a first-come, first-serve basis. No person shall hold or attempt to hold campsite(s), for another camping party for present or future camping dates, except as prescribed for multiple campsites. Any site occupied by a camping party must be actively utilized for camping purposes.

(6) One person may register for one or more sites within a multiple campsite by paying the multiple campsite fee and providing the required information regarding the occupants of the other sites. An individual may register and hold a multiple campsite for occupancy on the same day by other camping parties. Multiple campsites in designated reservation parks may be reserved under the reservation system.

(7) In order to afford the general public the greatest possible use of the state park system, on a fair and equal basis, and to prevent residential use, continuous occupancy of facilities by the same camping party shall be limited. The maximum length of stay shall be no more than 10 nights in one park within a 30-day period. Total nights stayed by the same camping party must not exceed 90 nights per calendar year in all state parks.

These limitations shall not apply to those individuals who meet the qualifications of WAC 352-32-280 and 352-32-285.

(8) A maximum of eight people shall be permitted at a campsite overnight, unless otherwise authorized by a ranger. The number of vehicles occupying a campsite shall be limited to one car and one recreational vehicle: Provided, That one additional vehicle without built-in sleeping accommodations may occupy a designated campsite when in the judgment of a ranger the constructed facilities so warrant. The number of tents allowed at each campsite shall be limited to the number that will fit on the developed tent pad or designated area as determined by a ranger.

(9) Persons traveling by bicycles, motor bikes or other similar modes of transportation and utilizing campsites shall be limited to eight persons per site, provided no more than four motorcycles may occupy a campsite.

(10) Water trail camping sites are for the exclusive use of persons traveling by human and wind powered beachable vessels as their primary mode of transportation to the areas. Such camping areas are subject to the campsite capacity limitations as otherwise set forth in this section. Exceptions for emergencies may be approved by the ranger on an individual basis. Water trail site fees, as published by state parks, must be paid at the time the site is occupied.

(11) Overnight stays (bivouac) on technical rock climbing routes will be allowed as outlined in the park's site specific climbing management plan. All litter and human waste must be contained and disposed of properly.

(12) Emergency camping areas may be used only when all designated campsites are full and at the park ranger's discretion. Persons using emergency areas must pay the applicable campsite fee and must vacate the site when directed by the park ranger.

(13) Designated overflow camping areas may be used only when all designated campsites in a park are full and the demand for camping in the geographic area around the park appears to exceed available facilities. Persons using overflow camping areas must pay the applicable campsite fee.

(14) Overnight camping will be allowed in approved areas within designated sno-parks in Washington state parks, when posted, provided the appropriate required sno-park permit is displayed.

(15) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.070(6). WSR 24-15-092, § 352-32-030, filed 7/19/24, effective 8/19/24. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-030, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-030, filed 7/8/13, effective 8/8/13
WSR 12-22-031, § 352-32-030, filed 10/31/12, effective 12/1/12. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-030, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-030, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-030, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-030, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.180. WSR 96-02-015, § 352-32-030, filed 12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-030, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 94-23-024, § 352-32-030, filed 11/7/94, effective 1/1/95
WSR 93-06-001, § 352-32-030, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-030, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 87-08-008 (Order 100), § 352-32-030, filed 3/23/87, effective 5/15/87
WSR 86-06-020 (Order 91), § 352-32-030, filed 2/25/86
WSR 83-09-031 (Resolution No. 67), § 352-32-030, filed 4/15/83
WSR 82-09-035 (Order 60), § 352-32-030, filed 4/14/82
WSR 81-09-034 (Order 50), § 352-32-030, filed 4/14/81
WSR 80-05-007 (Order 45), § 352-32-030, filed 4/4/80. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). WSR 78-05-082 (Order 39), § 352-32-030, filed 5/1/78
Order 33, § 352-32-030, filed 4/28/77
Order 9, § 352-32-030, filed 11/24/70.

Wash. Admin. Code § 352-32-037 Environmental learning centers (ELCs).

All ELCs can be reserved by:

(1) Complying with the reservation procedure; and

(2) Paying the appropriate fees and deposits as published by state parks.

Use of ELCs shall be on a first-come-first-served basis if the facility is not reserved.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-037, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-037, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-037, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. WSR 95-07-061, § 352-32-037, filed 3/13/95, effective 4/13/95. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 83-09-031 (Resolution No. 67), § 352-32-037, filed 4/15/83. Statutory Authority: RCW 43.51.040. WSR 80-14-009 (Order 48), § 352-32-037, filed 9/22/80.

Wash. Admin. Code § 352-32-040 Picnicking.

Picnicking is permitted only in designated and marked picnicking areas, or in such other places within a state park area as designated by a ranger. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-040, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-040, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-040, filed 2/25/86
Order 9, § 352-32-040, filed 11/24/70.

Wash. Admin. Code § 352-32-045 Reservations for use of designated group facilities.

(1) All designated group facilities shall be reservable by groups as defined in WAC 352-32-010.

(2) All designated group facilities shall have a predetermined use capacity. No group exceeding this capacity in number shall use these areas. Groups making reservations shall be charged the applicable fee for a minimum of 20 people.

(3) Use of designated group facilities may be by reservation. Requests made at parks, not on central reservation system, for reservations for groups of 20 to 250 shall be made 15 days in advance and for groups in excess of 250 shall be made 30 days in advance of the proposed use date, using the group use permit. All conditions outlined on the group use permit shall be binding on the group.

(4) Submittal of the group use permit request and payment in full of appropriate fees are required for the use of these facilities. Fees must be paid by credit card, certified check or money order. Fees are published by state parks. Refunds will be made only to those groups which cancel their reservations thirty or more days before the effective date of the reservations.

(5) For overnight group use, parking will be in the provided, defined areas. If additional parking is required, it may be available in the park's extra vehicle parking facility following the payment of the appropriate extra vehicle parking fee.

(6) The organization or delegated group leader making the reservation is responsible for any damages or extra cleaning that occurs as a result of the use of the facility(ies) beyond normal care and wear.

(7) Facility reservations for parks not on the central reservation system are made at the park and will be accepted nine months in advance. Reservations shall be made by a person of the age of majority, who must be in attendance during the group's activities. Reservations at the parks will be accepted in writing, in person, or by phone at the discretion of the park manager. In person and phone reservation requests shall only be accepted at the park during normal park operation hours. All reservation requests will be processed in order of arrival. Group facility areas not reserved are available on a first-come, first-serve basis.

(8) Any group wishing to sell or dispense alcoholic beverages must request and obtain all appropriate licenses and permits. In order to sell alcoholic beverages, the group must obtain a temporary concession permit from the headquarters office of the commission.

(9) It shall be within the authority of the park manager, or his representative, to rescind the rights of a reservation, and remove from the park, any or all members of the group whose behavior, at any time, is in conflict with any state laws, becomes detrimental to the health and safety of the group or other park users, or becomes so unruly as to affect the reasonable enjoyment of the park by other park users.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-045, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-045, filed 7/8/13, effective 8/8/13. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-045, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-045, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-045, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-045, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-045, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 94-23-024, § 352-32-045, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. WSR 94-08-036, § 352-32-045, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. WSR 91-09-001, § 352-32-045, filed 4/4/91, effective 5/15/91
WSR 90-07-062, § 352-32-045, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-32-045, filed 3/18/88, effective 5/15/88
WSR 83-09-031 (Resolution No. 67), § 352-32-045, filed 4/15/83
WSR 82-09-035 (Order 60), § 352-32-045, filed 4/14/82
WSR 80-05-007 (Order 45), § 352-32-045, filed 4/4/80
Order 32, § 352-32-045, filed 4/28/77.

Wash. Admin. Code § 352-32-047 Special recreation event permit.

Any person or group, hereinafter referred to as the "applicant," desiring to make use of a portion of a state park for a special recreation event which will require special planning, facilities, staffing, or environmental protection measures, or the closure of the area to, or restriction of, established recreational uses, shall apply for a special recreation event permit. The director or designee may consult with the appropriate local government in reviewing the application and may issue a permit subject to conditions established by the agency. Such conditions may include but not be limited to the closure of the specified area to other recreational activities, including motor vehicle traffic, which are determined to have the potential to interfere with the event or which could risk the safety of the recreating public or the special event participants. However, no such permit may result in the unreasonable exclusion of recreationists from the remainder of the park. All events authorized under this permit shall be open to public participation and/or observation.

A special recreation event permit shall be issued only for recreational events where there is a reasonable expectation that a minimum of twenty persons will participate. The event must be oriented towards a recreational pursuit. Not more than three permits will be issued to a given applicant for a similar event at the same park during a one-year period.

Persons or organizations that desire to conduct a special recreation event in a state park shall submit a permit application obtainable at any state park and the basic permit application fee as published by state parks to the park where the event is proposed to take place.

If the agency determines it is necessary, the applicant must submit a completed environmental checklist along with the application. Upon request, the agency may assist the applicant in completing the environmental checklist and may request compensation in accordance with agency State Environmental Policy Act (SEPA) rules, chapter 352-11 WAC.

Permit applications must be submitted at least sixty days in advance of the proposed event so that the information supplied in the application may be verified and so that the agency can notify and coordinate action with officials of other jurisdictions and agencies responsible for health, safety and welfare. The sixty-day time limit is also necessary to comply with SEPA review requirements to identify any potential environmental impacts and mitigation. This requirement for an application to be filed sixty days prior to an event may be waived in rare circumstances where arrangements can be made in a shorter time while still complying with all other requirements of this section.

Such application shall be submitted at least sixty days in advance of the proposed date of the event, to allow, where applicable, for necessary internal review and analysis, consultation with local governments, public notice, establishment of permit conditions, and required agency preparations and coordination. The director or designee shall approve or disapprove a permit application and establish the conditions for an approved application. The permittee must pay any fees published by state parks for the use of park lands or facilities. The director or designee shall determine the need for any fees necessary to cover costs incurred by the agency for additional staffing, equipment, facilities, or special services not normally provided by state parks, as well as the need for any bond, damage deposit, or liability insurance arising from any potential hazards associated with the conduct of the event. Any such fees, bond, damage deposit, or liability insurance shall be provided by the applicant prior to the issuance of the permit.

If additional unanticipated costs are incurred by the commission resulting from the event, the applicant shall reimburse the commission for such costs in a timely manner. If the additional costs are not paid, the director may recover such costs from the bond or damage deposits provided. Any funds remaining from the bond or damage deposit shall be returned to the applicant.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-047, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-047, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-047, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 89-07-020 and 89-07-098 (Orders 89-01 and 89-01-A), § 352-32-047, filed 3/7/89 and 3/22/89.

Wash. Admin. Code § 352-32-050 Park periods.

(1) The director or designee establishes for each state park area, according to existing conditions, times, and periods when it will be open or closed to the public. Such times and periods shall be posted at the entrance to the state park area affected and at the park office. No person may enter or be present in a state park area after the posted closing time except:

(a) Currently registered campers who are camping in a designated campsite or camping area;

(b) Guests of a currently registered camper who may enter and remain until 10:00 p.m.;

(d) Technical rock climbers who bivouac on vertical climbing routes not otherwise closed to public use;

(e) When granted prior authorization by the director or designee;

(f) When attending or participating in approved special events or activities that are scheduled outside of posted operating hours.

(2) The director or designee may, for a specified period or periods of time, close any state park area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety, and welfare of the public, park visitors or staff, or park resources.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-050, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-050, filed 8/13/13, effective 9/13/13. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-050, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.180. WSR 96-02-015, § 352-32-050, filed 12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-050, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 90-07-062, § 352-32-050, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-050, filed 2/25/86
WSR 80-05-007 (Order 45), § 352-32-050, filed 4/4/80
Order 21, § 352-32-050, filed 3/20/75
Order 9, § 352-32-050, filed 11/24/70.

Wash. Admin. Code § 352-32-053 Park capacities.

The director or designee may establish for each state park area according to facilities, design, and/or staffing levels, the number of individuals and/or vehicles allowed in any state park area or structure at any given time or period. No person shall enter in any state park area or facility or bring in or cause to be brought in any vehicle and/or persons which would exceed the capacity as established by the director or designee and when the individual is informed either by signs or by park staff that such capacity has been met and the park is full.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-053, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-053, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-053, filed 2/25/86.

Wash. Admin. Code § 352-32-056 Peace and quiet.

To ensure peace and quiet for visitors:

(1) No person may cause a sound that may be plainly audible beyond the person's immediate area of use or campsite between the quiet hours of 10:00 p.m. and 6:30 a.m.

(2) No person shall, at any time, use sound-emitting equipment including musical instruments, at a volume which emits sound beyond the user's vehicle, immediate area of use, or campsite without specific permission of the park ranger.

(3) Engine driven electric generators may be operated only between the hours of 8:00 a.m. and 9:00 p.m., except at Crystal Springs and Easton Reload sno-parks where engine driven electric generators may be operated after 9:00 p.m. during the winter recreation season.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-32-056, filed 4/20/16, effective 5/21/16. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 12-22-031, § 352-32-056, filed 10/31/12, effective 12/1/12. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-056, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-056, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-056, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-056, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-056, filed 2/25/86.

Wash. Admin. Code § 352-32-057 Disturbances.

Disorderly conduct, or conduct with the intent to intimidate or obstruct pedestrian or vehicular traffic, or which otherwise impedes or disturbs state park employees or volunteers in the performance of their duties, or which impedes or disturbs the general public in the use and enjoyment of state park areas, is prohibited.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-057, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-32-060 Pets.

(1) All pets or domestic animals must be kept under physical control, on a leash no greater than eight feet in length, or otherwise physically restrained, at all times while in a state park area.

(2) Pets and domestic animals may not be allowed to dig or otherwise disturb or damage the natural or cultural features of any state park area.

(3) In any state park area, pets or domestic animals, except for assistance animals for persons with disabilities, are not permitted on any designated swimming beach; within a natural area preserve; during the skiing season on any designated alpine ski site or cross country ski trail in which the track has been prepared, set, or groomed; or in any public building unless so posted.

(4) In any state park area, pets or domestic animals, except for assistance dogs for persons with disabilities, may be prohibited in areas where there could be conflict with domestic livestock or agricultural activities on adjacent land, for the protection of wildlife, sensitive natural systems, special cultural areas, or for other recreational or health and safety purposes, if approved by the director or designee and so posted.

(5) No person shall allow his/her pet or domestic animal to bite or in any way molest or annoy other park visitors. No person shall permit his/her pet or domestic animal to bark or otherwise disturb the peace and tranquillity of the park.

(6) Any person bringing a pet or domestic animal into a state park area shall dispose of animal feces in a plastic or paper sack. The sack shall then be deposited in a solid waste container.

(7) Pet off-leash areas may be approved and designated by the director or designee. Approved pet off-leash areas will be exempt from subsections (1), (2), and (3) of this section. Approved pet off-leash areas may be closed permanently or temporarily by the director or designee for the protection of wildlife, sensitive natural systems, and special cultural areas. Any park area designated for pets off-leash shall be conspicuously posted as such by the director or designee.

(8) In designated roofed accommodations, pets are permitted and fees will be charged as published by state parks.

(9) This section shall not apply to the recreational use of horses, llamas, sled dogs, or similar animals as authorized by WAC 352-32-070.

(10) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-060, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-060, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-060, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-32-060, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-060, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 86-20-020 (Order 96), § 352-32-060, filed 9/22/86
WSR 82-12-008 (Order 61), § 352-32-060, filed 5/21/82
Order 9, § 352-32-060, filed 11/24/70.

Wash. Admin. Code § 352-32-070 Use of horses, llamas, sled dogs or similar animals for recreation.

(1) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted on trails in any state park area, except where designated and posted to specifically or conditionally permit such activity. The director or designee may open or close trails to such use. This decision shall include an evaluation of factors including, but not limited to, conflict with other park users, public safety, and damage to park resources and/or facilities. This evaluation shall include a reasonable effort to involve interested trail users of the park in question, including, at a minimum, one public meeting advertised and conducted in the region where the park is located. Trails designated open for such use may be temporarily closed by the park manager due to emergency health, safety, or resource protection considerations.

(2) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.

(3) Horses, llamas, sled dogs or similar animals used for recreation shall not be permitted in any designated swimming areas, campgrounds - except designated horse or pack-oriented camping areas - or picnic areas, nor within a natural area preserve.

(4) Horses, llamas, sled dogs or similar animals used for recreation shall not be permitted within natural areas or natural forest areas, except that relocation of existing equestrian or other similar trails into natural areas or natural forest areas may be permitted upon a finding by the director or designee that such relocation is for the purpose of reducing overall resource impacts to a state park area.

(5) No person shall ride any horse or other animal in such a manner that might endanger life or limb of any person or animal, or damage park resources and/or facilities, and no person shall allow a horse or other animal to stand unattended or insecurely tied. Persons using horses or other animals for recreation shall obey regulatory signs, including those permanently or temporarily erected, that govern the timing, location, speed, type and/or manner of use.

(6) Any person bringing a horse, llama, sled-dog or similar animal into a state park area shall cleanup animal feces in parking lots, at trail heads and other central locations used by park visitors.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-070, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-070, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040, 43.51.045, 43.51.050, 43.51.060(1), 43.51.061 and 43.51.395. WSR 99-15-030, § 352-32-070, filed 7/13/99, effective 8/13/99. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-32-070, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-070, filed 9/17/92, effective 10/18/92
Order 9, § 352-32-070, filed 11/24/70.

Wash. Admin. Code § 352-32-075 Use of nonmotorized cycles or similar devices.

(1) Whenever used in this section, nonmotorized cycle or similar device shall mean any wheeled, operator-propelled equipment that transports the operator on land, including cycles, in-line skates and skateboards, but not including wheelchairs or other devices utilized by persons with disabilities.

(2) Operation of nonmotorized cycles or similar devices shall be permitted upon public roads in state park areas.

(3) No operation of nonmotorized cycles or similar devices shall be permitted on trails in any state park area, except where designated and posted to specifically or conditionally permit such activity, or as specified in (b) of this subsection.

(a) The director or designee may open or close trails to such use. This decision shall include an evaluation of factors including, but not limited to, the degree of conflict with other park users, public safety, and damage to park resources and/or facilities related to these devices. This evaluation shall include a reasonable effort to involve interested trail users of the park in question, including, at a minimum, one public meeting advertised and conducted in the region where the park is located.

(b) No existing trails open to use by nonmotorized cycles or similar devices prior to January 1, 1999, shall be closed to such use without an evaluation of use suitability following the criteria and process of (a) of this subsection; except for temporary closures by the park manager due to emergency health, safety, or resource protection considerations.

(4) No operation of nonmotorized cycles or similar devices shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.

(5) Use of nonmotorized cycles or similar devices is prohibited in the following state park areas:

(a) Within designated natural areas, natural forest areas, or natural area preserves: Provided, That relocation of existing nonmotorized trails into natural areas or natural forest areas may be permitted upon a finding by the director or designee that such relocation is for the purpose of reducing overall resource impacts to a state park area.

(b) Upon designated special use trails such as interpretive or exercise trails.

(6) Persons operating such devices in state park areas shall:

(a) Obey regulatory signs, including those permanently or temporarily erected, that govern the timing, location, speed, type and/or manner of operation, designed to promote visitor health and safety.

(b) Restrict speed and manner of operation to reasonable and prudent practices relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety, and the safety of all other park visitors.

(d) Dismount and walk in congested areas and posted walk zones.

(e) Slow down, make presence known well in advance, and use courtesy and caution when approaching or overtaking other persons or animals.

(f) Display adequate lighting during hours of darkness.

(g) Use caution when approaching turns or areas of limited sight distance.

(h) Not disturb or harass wildlife.

(i) When on public roads within a state park area, operate in compliance with any additional requirements of RCW 46.61.750 through 46.61.850.

(7) The director or designee may designate trails for preferential use by cyclists and may specifically authorize use of any facilities for special cycling recreation events, excluding roads or trails specified in subsection (5) of this section.

(8) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-075, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-075, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040, 43.51.045, 43.51.050, 43.51.060(1), 43.51.061 and 43.51.395. WSR 99-15-030, § 352-32-075, filed 7/13/99, effective 8/13/99. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-075, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-32-075, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-075, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 89-01-034 (Order 108), § 352-32-075, filed 12/13/88.

Wash. Admin. Code § 352-32-080 Swimming.

(1) Swimming areas in state park areas are marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas.

(2) Any person swimming outside the boundaries of a designated swimming area, or in any area not designated for swimming, or in any area, whether designated for swimming or not, where no lifeguard is present, shall do so at his or her own risk.

(3) All persons using any designated swimming area shall obey all posted beach rules and/or the instructions of lifeguards, rangers, or other state parks employees.

Children twelve years of age or younger, must be accompanied by a responsible adult while using the swim area.

(4) No person shall swim in any designated watercraft launching area.

(5) No person shall give or transmit a false signal or false alarm of drowning in any manner.

(6) Use of rubber rafts, rubber boats, inner tubes, or other large floating objects, exceeding three feet in width are prohibited in designated swimming areas except U.S. Coast Guard approved life jackets, small children's floatation devices or toys and one-person inflatable mattresses for the purpose of buoyancy while swimming or playing in any designated swimming area are allowed. Concessionaires are not permitted to rent or sell prohibited floating devices within state parks without written approval of the director or designee.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-080, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-080, filed 7/8/13, effective 8/8/13. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-080, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-080, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-080, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-080, filed 2/25/86
Order 10, § 352-32-080, filed 8/3/71
Order 9, § 352-32-080, filed 11/24/70.

Wash. Admin. Code § 352-32-085 Technical rock climbing.

(1) Whenever used in this section, technical rock climbing shall mean climbing while using such aids as pitons, carabiners or snap links, chalk, ropes, fixed or removable anchors, or other similar equipment. Technical rock climbing includes bouldering and free soloing (respectively low and high elevation climbing without ropes).

(2) Technical rock climbing will be allowed in state parks except it is:

(a) Not permitted in natural area preserves;

(b) Conditioned in heritage areas, natural areas and natural forest areas;

(d) Limited in state park areas without climbing management plans pursuant to subsection (6) of this section to the use of routes with established fixed protection, new routes that do not use fixed protection, nor require gardening/cleaning with any type of cleaning tool;

(e) Not permitted in state park areas closed to public use.

(3) The director or designee may, permanently or for a specified period or periods of time, close any state park area to technical rock climbing if the director or designee concludes that a technical rock climbing closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources. Prior to closing any park or park area to technical rock climbing, the director or designee shall hold a public meeting in the general area of the park or park area to be closed to technical rock climbing. Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting. In the event that the director or designee determines that it is necessary to close a rock climbing area immediately to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or park resource, the director or designee may take emergency action to close a park area to rock climbing without first complying with the publication and hearing requirements of this subsection. Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and hearing requirements of this subsection.

(4) The director or designee shall ensure that any park area closed to technical rock climbing pursuant to subsection (3) of this section is conspicuously posted as such at the entrance of said park area. Additionally, the director or designee shall maintain a list of all parks and park areas closed to technical rock climbing pursuant to subsection (3) of this section.

(5) The director or designee shall establish a committee of technical rock climbers, to advise park staff on park management issues related to technical rock climbing for each state park area where deemed necessary by the agency.

(6) Each state park area with an established advisory committee of technical rock climbers will have a climbing management plan which will specify technical rock climbing rules concerning overnight stays on climbing routes, bolting, power drills, stabilization of holds, group size and activities, gardening/cleaning of routes pursuant to chapter 352-28 WAC and RCW 79A.05.165, chalk, special use designations for climbing areas, protection of sensitive park resources, and other such issues required by the director or designee. Climbing management plans that relate to natural forest areas or heritage areas must be approved by the commission. The director or designee shall ensure that any technical rock climbing rules contained in a climbing management plan are conspicuously posted at the entrance of the affected park area.

(7) Bolting will be allowed as specified in climbing management plans.

(8) The use of power drills will be allowed only if the park climbing management plans specifically permit under specified conditions for bolt replacement and bolt installation on new routes. They are otherwise prohibited.

(9) The addition of holds onto the rock face by any means, including gluing, chipping, or bolting is prohibited.

(10) Except as provided in WAC 352-32-310, any violation of this section and rules contained in the park management plan and posted at the park is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-085, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-085, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-085, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.180. WSR 96-02-015, § 352-32-085, filed 12/21/95, effective 1/21/96.

Wash. Admin. Code § 352-32-090 Damaging or injurious activities.

Engaging in activities in a manner or at a location that subjects people or personal property, park resources, or park facilities to injury or damage is prohibited. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-090, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-090, filed 12/12/03, effective 1/12/04. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-090, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-090, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-090, filed 2/25/86
Order 9, § 352-32-090, filed 11/24/70.

Wash. Admin. Code § 352-32-095 Squak Mountain State Park—Natural area—Prohibited uses.

Outside of designated parking areas, human foot traffic only shall be allowed within Squak Mountain State Park—Natural area. All other means of transportation, including, but not limited to, horses or any mechanized vehicles such as motor vehicles, bicycles, or similar vehicles are specifically excluded.

History

Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 88-19-087 (Order 106), § 352-32-095, filed 9/19/88.

Wash. Admin. Code § 352-32-100 Disrobing.

(1) No person shall disrobe in public in any state park area.

(2) Clothing sufficient to conform to common standards shall be worn at all times.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-100, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-100, filed 9/17/92, effective 10/18/92
Order 9, § 352-32-100, filed 11/24/70.

Wash. Admin. Code § 352-32-110 Tents, etc., on beaches.

No person shall erect, maintain, use, or occupy any temporary tent or shelter on any swimming beach in any state park area unless there is an unobstructed view through such tent or shelter from at least two sides: Provided, however, That nothing herein contained shall be construed to authorize camping except in designated areas. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-110, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-110, filed 9/17/92, effective 10/18/92
Order 9, § 352-32-110, filed 11/24/70.

Wash. Admin. Code § 352-32-120 Firearms.

(1) No person shall discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010 a firearm, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use. Any violation of this section is a gross misdemeanor.

(2) The possession, display, carrying, discharge or use of a firearm is further regulated under chapter 9.41 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-120, filed 12/12/03, effective 1/12/04
WSR 03-01-079, § 352-32-120, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-120, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-120, filed 2/2/98, effective 3/5/98
WSR 93-06-001, § 352-32-120, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-06-020 (Order 91), § 352-32-120, filed 2/25/86
Order 9, § 352-32-120, filed 11/24/70.

Wash. Admin. Code § 352-32-121 Other weapons.

No person shall display, discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010, a bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-121, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-121, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 352-32-125 Fires and campfires.

All fires, except campfires, fires for stoves, candles, torches, barbeques and charcoal, are prohibited in state parks. Campfires are restricted to within the designated campfire pit, ring or other provided campfire enclosure and the flame must be no higher than two feet. On ocean beaches, recreational fires must be at least one hundred feet from the dunes, no more than four feet in diameter and no more than four feet high. No fires are allowed on any shellfish bed. Park rangers may impose additional restrictions on fires for the protection of the health, safety, and welfare of the public, park visitors or staff, or for the protection of park resources.

At Crystal Springs and Easton Reload sno-parks all campfires must be restricted to portable fire receptacles not to exceed three feet in diameter and must be at least six inches off the ground, and are only permitted when the sno-parks are open for winter recreation access.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-125, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 12-22-031, § 352-32-125, filed 10/31/12, effective 12/1/12. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-125, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-125, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 352-32-130 Aircraft.

(1) No aircraft shall land on or take off from any body of water or land area in a state park area not specifically designated for landing aircraft. This provision does not apply to official aircraft used in the performance of search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations or firefighting activities. It also does not apply in cases where the director or designee specifically authorizes such landings or take offs, in writing, associated with the operational, or administrative needs of the agency or state.

(2) Individuals who have complied with the registration process provided or who have obtained a special recreation event permit pursuant to WAC 352-32-047 may launch and land paragliders and hang gliders in state park areas specifically designated by the director or designee as available for paragliding and hang gliding. Prior to any such designation, the director or designee shall advertise and conduct a public meeting in the region where the park is located. The director or designee shall consider the potential impacts of paragliding and hang gliding in the proposed area including, but not limited to the following factors: The degree of conflict paragliding and hang gliding may have with other park uses, public safety issues, and any potential damage to park resources/facilities. Any park designated for paragliding and hang gliding shall be conspicuously posted as such by the agency.

(3) Individuals paragliding and hang gliding in state parks must:

(a) Comply with the registration process provided for such purposes;

(b) Observe all applicable laws and regulations;

(d) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities;

(e) Conduct themselves in compliance with the following basic safety regulations:

(i) Comply with specific site operational restrictions that are posted;

(ii) Fly in a manner consistent with the pilot rating held;

(iii) Preplanned landings should be made in areas no smaller than forty feet wide by one hundred feet long;

(iv) Make preflight checks of weather, equipment and site conditions;

(v) Observe all published traffic and right of way flight guidelines, including yielding right of way to all aircraft;

(vi) Wear protective clothing, headgear, Coast Guard approved flotation gear, reserve parachute, supplemental oxygen and communication equipment as appropriate for conditions;

(vii) Fly in a manner that does not create a hazard for other persons or property;

(viii) Fly only during daylight hours, or hours otherwise specified by posting at the site;

(ix) Do not fly over congested areas of parks or open air assembly of persons;

(x) Fly only in designated areas of parks;

(xi) Fly with visual reference to the ground surface at all times;

(xii) Do not tether paragliders or hang gliders to the ground or other stable immovable object.

(f) Not fly while under the influence of alcohol or drugs.

(4) Except as provided in subsection (5) of this section, individuals flying remote controlled aircraft may do so only within flying areas designated by the director or designee and only when following the remote controlled aircraft management plan approved by the director or designee and posted for that designated area.

(a) Prior to designating any remote controlled aircraft flying area, the director or designee shall advise and conduct a public meeting in the region where the park is located. The director or designee shall consider the potential impacts of remote controlled aircraft flying in the proposed area including, but not limited to, the following factors: The degree of conflict remote controlled aircraft flying may have with other park uses, public safety issues, and any potential damage to park resources/facilities. Any park area designated for remote controlled aircraft flying shall be conspicuously posted as such by the director or designee.

(b) The director or designee shall establish a committee to advise park staff on park management issues related to remote controlled aircraft flying for each state park area designated as a remote controlled aircraft flying area.

(c) Each state park area with an established advisory committee, which includes remote controlled aircraft flyers will have an approved management plan which will specify remote controlled aircraft flying restrictions concerning types of aircraft, flying hours, identified approved flying zones, identified runways for take-offs and landings, engine muffler requirements, use of and posting of radio frequency, fuel spills and cleanup. The director or designee shall ensure that any remote controlled aircraft flying restrictions contained in the remote controlled aircraft flying management plan are conspicuously posted at the entrance of the affected park area.

(d) The director or designee may permanently, or for a specified period or periods of time, close any designated flying area to remote controlled aircraft flying if the director or designee concludes that a remote controlled aircraft flying closure is necessary for the protection of the health, safety, and welfare of the public, park visitors or staff, or park resources. Prior to closing any designated flying area to remote controlled aircraft flying, the director or designee shall hold a public meeting near the state park area to be closed to remote controlled aircraft flying. Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting. In the event that the director or designee or park manager determines that it is necessary to close a designated flying area immediately to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff, or park resources, the director or designee or park manager may take emergency action to close a state park area to remote controlled aircraft flying without first complying with the publication and meeting requirements of this subsection. Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and meeting requirements of this subsection. The director or designee shall ensure that any designated flying area closed to remote controlled aircraft flying is conspicuously posted as such at the entrance of the affected park area.

(5) Remote controlled aircraft may be flown in any state park area only pursuant to issuance of permit by the director or designee. A remote controlled aircraft is flown in a state park area when the operator is within the state park area while flying the remote controlled aircraft or where the remote controlled aircraft takes off from or lands on the state park area.

(a) In granting such permit, the director or designee may specify time, geographic, and elevation restrictions, and any other restrictions necessary to protect the public, park visitors or staff, or park resources. While operating a remote controlled aircraft, the operator must be in possession of a copy of the written permission and will produce it upon request by parks staff. Permission granted by the director or designee to fly a remote controlled aircraft may be rescinded at any time for permittee's failure to comply, to protect the public, park visitors or staff, or park resources.

(b) Permit applications must be submitted at least sixty days in advance of the proposed activity to allow for staff review, agency coordination, and to comply with SEPA review requirements. The sixty-day application filing requirement may be waived in extenuating circumstances.

(c) The permittee must pay any fees published by state parks for the use of park lands or facilities. The director or designee will determine the need for any fees necessary to cover costs incurred by the agency, as well as the need for any bond, damage deposit, or liability insurance arising from any potential hazards associated with the character of the event. Any such fees, bond, damage deposit, or liability insurance must be provided prior to the issuance of the permit.

(6) Any violation of this section, including any failure to abide by a conspicuously posted remote controlled aircraft flying restriction or failure to abide by the terms of written permission to fly remote controlled aircraft, is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-130, filed 2/1/19, effective 3/4/19
WSR 17-15-082, § 352-32-130, filed 7/17/17, effective 8/17/17
WSR 16-10-002, § 352-32-130, filed 4/20/16, effective 5/21/16
WSR 07-03-121, § 352-32-130, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-32-130, filed 11/30/05, effective 12/31/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-130, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040(2). WSR 98-23-063, § 352-32-130, filed 11/16/98, effective 1/1/99. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-130, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-32-130, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040. WSR 94-01-087, § 352-32-130, filed 12/13/93, effective 1/13/94. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. WSR 87-24-032 (Order 102), § 352-32-130, filed 11/24/87
Order 9, § 352-32-130, filed 11/24/70.

Wash. Admin. Code § 352-32-140 Fireworks.

No person shall possess, discharge, set off, or cause to be discharged, in or into any state park area, any firecrackers, torpedoes, rockets, fireworks, explosives, or substance harmful to the life or safety of persons or property. Provided that the director or designee may issue permits for firework displays subject to conditions established by the agency and as provided in chapter 70.77 RCW.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-140, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-140, filed 2/2/98, effective 3/5/98
Order 9, § 352-32-140, filed 11/24/70.

Wash. Admin. Code § 352-32-150 Fishing.

(1) For the purposes of this section, the following definition applies: Fish are defined as all marine and freshwater fish and shellfish species including all species of aquatic invertebrates.

(2) Except for those state park areas in which harvest has been prohibited pursuant to subsection (3), (4), or (5) of this section, all state park areas are open for the harvest of fish, subject to all laws, rules, and regulations of the state department of fish and wildlife relating to seasons, limits, and methods of harvest. The director or designee may develop or amend a memorandum of agreement with the state department of fish and wildlife to guide management of state park fishing areas.

(3) No person shall remove or cause to be removed any fish from any state park area except for food fish as defined by WAC 220-12-010, shellfish as defined by WAC 220-12-020, and game fish as defined by RCW 77.08.020 and WAC 232-12-019.

(4) The commission may, after consultation with the state department of fish and wildlife and local tribes, close state park areas to the harvest of some or all species of fish. Such state park areas shall be conspicuously posted as closed to harvest.

(5) The director or designee may temporarily close any state park area to the harvest of some or all species of fish. Any such closure may be for only so long as is necessary to bring the issue before the commission at its next scheduled regular meeting. Such state park areas shall be conspicuously posted as closed to harvest.

(a) Prior to closing any park area pursuant to this subsection, the director or designee shall hold a public hearing in the general vicinity of the park area to be closed. Prior notice of the public hearing shall be published in a newspaper of general circulation in the vicinity.

(b) In the event the director or designee determines that an immediate harvest closure is necessary to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff or park resources, the director or designee may take emergency action to close a park to the harvest of fish without first complying with the publication and hearing requirements of this subsection. Such emergency closures may be effective for only so long as is necessary for the director or designee to comply with the publication and hearing requirements of this subsection.

(6) A list of the state park areas closed pursuant to subsection (4) or (5) of this section shall be maintained by the director or designee and be available to the public upon request.

(7) No person shall harvest or possess any fish from within a state park area posted as closed to harvest pursuant to subsection (4) or (5) of this section, except as necessary for scientific research authorized in writing by state parks.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-150, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-150, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.180(3). WSR 96-01-030, § 352-32-150, filed 12/11/95, effective 1/11/96
Order 19, § 352-32-150, filed 2/1/74
Order 9, § 352-32-150, filed 11/24/70.

Wash. Admin. Code § 352-32-15001 Little Spokane River natural area—Prohibited uses.

(1) The Little Spokane River Natural Area was established by the commission to conserve a unique natural environment in a nearly undeveloped state for passive low density outdoor recreation activities. To conserve the natural resources, scenic beauty and tranquility of the area, the following are prohibited within the Little Spokane River Natural Area:

(a) Bicycles.

(b) Camping.

(d) Consumption of alcoholic beverages.

(e) Fires or fireworks.

(f) Horseback riding.

(g) Hunting.

(h) Motorized boats, personal watercraft, or boats propelled by means other than oars or paddles; use of canoes, rowboats, kayaks and rafts is specifically authorized.

(i) Pets including all dogs except assistance dogs for persons with disabilities.

(j) Swimming, or use of innertubes, air mattresses or similar floatation devices.

(k) Travel by foot, skis or snowshoes off designated trails or outside designated corridors.

(2) This section does not apply to government employees, or their agents in the performance of their duties, or search and rescue, medical emergency response, law enforcement or firefighting activities.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-15001, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-15001, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040, 43.51.060 and 43.51.650-680. WSR 88-10-017 (Order 104), § 352-32-15001, filed 4/27/88.

Wash. Admin. Code § 352-32-155 Lakes located wholly within state parks boundaries—Internal combustion engines prohibited.

(1) In order to preserve the scenic quality, peace, and tranquility and to protect and preserve the wildlife on lakes lying wholly within state park boundaries, to increase visitor safety, and to limit the degradation of lake water quality, the use of internal combustion engines on lakes lying wholly within the boundaries of state park areas is prohibited except where listed in WAC 352-32-155(2) or when authorized in writing by the director.

(2) Lakes where internal combustion engines may be used are: Horsethief Lake in Columbia Hills State Park.

(3) This provision does not apply to government employees, or their agents in the performance of their duties, or search and rescue, medical emergency response, law enforcement or firefighting activities.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-155, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-155, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-155, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040, 43.51.395 and 43.51.400(6). WSR 86-11-053 (Order 94), § 352-32-155, filed 5/19/86.

Wash. Admin. Code § 352-32-157 Lakes located partially within state park boundaries—Internal combustion engines prohibited.

(1) In order to preserve the scenic quality, peace and tranquility, and to protect and preserve wildlife, increase visitor safety, and to limit the degradation of lake water quality, the commission, in conjunction with the following ordinance(s), prohibits the use of internal combustion engines on the following lakes partially within park boundaries:

Cascade Lake at Moran State Park, San Juan county ordinance 10.16.030.

(2) This provision does not apply to government employees, or their agents in the performance of their duties, or search and rescue, medical emergency response, law enforcement or firefighting activities.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-157, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-157, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-157, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040, 43.51.395 and 43.51.400(6). WSR 86-11-053 (Order 94), § 352-32-157, filed 5/19/86.

Wash. Admin. Code § 352-32-165 Public assemblies, meetings.

(1) Public assemblies are permitted in state park areas on grounds which are open to the public generally, provided a permit therefore has been issued as herein provided.

(2) An application for such a permit may be submitted on such forms as may be provided by the commission, or in any written form so long as the permit application sets forth the following:

(a) Name, address and phone number of the applicant;

(b) Date, time, duration, nature and place of the proposed event, including a description or schedule of events and activities;

(d) Special equipment, including temporary structures such as speakers' stands, platforms, lecterns, chairs, benches or the like, and any sound amplification equipment to be used in connection with the event;

(e) Special facilities, including emergency first aid, additional sanitation and refuse collection facilities, to be used in connection with the event;

(f) Crowd control to be provided by the event sponsor;

(g) Designation of a responsible contact individual with whom park officials may coordinate event activities, plans and preparations.

(3) The equipment and facilities referenced in subsection (2)(d) and (e), of this section, are to be provided by the event sponsor, unless other mutually satisfactory arrangements are made to use locally available commission owned equipment and facilities.

(4) The applicant must supply satisfactory evidence of arrangements for such equipment, facilities, and crowd control.

(5) If the agency determines it is necessary, the applicant must submit a completed environmental checklist along with the application. Upon request, the agency will assist the applicant in completing the environmental checklist and may request compensation in accordance with agency State Environmental Policy Act (SEPA) rules, chapter 352-11 WAC.

(6) Permit applications must be submitted at least sixty days in advance of the proposed event so that the information supplied in the application may be verified and so that the agency can notify and coordinate action with officials of other jurisdictions and agencies responsible for health, safety and welfare. The sixty-day time limit is also necessary in order to comply with SEPA review requirements to identify any potential environmental impacts and mitigation. This requirement for an application to be filed sixty days prior to an event may be waived in rare circumstances where arrangements can be made in a shorter time while still complying with all other requirements of this section.

(7) The permit application must be submitted along with a nonrefundable permit fee as published by state parks to the Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, Washington 98504-2650. The director, or designee, may issue a permit consistent with the application, or otherwise modified in a manner which is acceptable to the applicant. The following criteria will be evaluated in considering a permit application:

(a) The ability of the applicant to finance, plan and manage the activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and consistent with the protection of park resources and image;

(b) The extent to which the proposed activity, in both nature and timing, threatens interference with customary usage of the park by members of the public or interferes with the convenience of park neighbors and the general public;

(d) Measures undertaken to mitigate any changes in customary park usage or damage to park resources caused by the activity.

(8) Following an evaluation of the above listed criteria, the director or designee will issue a permit unless:

(a) The application does not adequately address the evaluation criteria; or

(b) A prior application for the same time and place has been made which has been or will be granted; or

(d) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area requested. In considering this, the director or designee shall take into account the potential for significant environmental impact.

(9) The director or designee will acknowledge receipt of the permit application within ten days. The acknowledgement will estimate the timeline for processing the application based on the complexity of the requested use. The director or designee shall make the final ruling on the permit application as soon as possible but no later than ten days prior to the proposed event. The granting of this permit does not exempt the applicant from complying with other state, county or local permit requirements nor does it excuse compliance with the State Environmental Policy Act, where applicable. A threshold determination will be made by the agency to determine potential environmental impact. Applicants should be aware that timelines may exist under the State Environmental Policy Act and implementing regulations which are independent of this permit requirement.

(10) All permit denials will be in writing, will contain a statement of the specific reasons for the denial, and will advise the applicants of the right to request judicial review of the denial as provided in subsection (12) of this section.

(11) A permit issued may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained. It may also contain reasonable limitations on the time and area within which the event is permitted.

(a) The commission may require applicants to arrange for general liability insurance to cover participants, and the state of Washington will be named as an additional insured.

(b) The commission may require the filing of a bond with satisfactory surety payable to the state, to cover costs such as restoration, rehabilitation and cleanup of the area used, and other costs resulting from the permittee activity. In lieu of a bond, a permittee may elect to deposit cash equal to the amount of the required bond.

(12) Applicants whose permit application is denied may in writing request that the commission seek judicial review of the denial, in which event the commission shall timely seek a declaratory judgment pursuant to the Uniform Declaratory Judgment Act, chapter 7.24 RCW, and Superior Court Rule 57, in the superior court for Thurston County. Such requests shall be mailed, or otherwise delivered to the Director, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, Washington 98504-2650, within ten days from the date the application is denied.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-165, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-165, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-165, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-165, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-165, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. WSR 87-24-032 (Order 102), § 352-32-165, filed 11/24/87. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-08-014 (Order 92), § 352-32-165, filed 3/24/86
WSR 83-08-032 (Resolution No. 66), § 352-32-165, filed 3/31/83.

Wash. Admin. Code § 352-32-170 Rubbish.

(1) No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes (except human crematory ashes), waste paper, cans, or other rubbish, in a state park area, except in a garbage can or other receptacle designated for such purposes.

(2) No person shall deposit any household or commercial garbage, refuse, waste, or rubbish, which is brought as such from any private property, in any state park area garbage can or other receptacle designed for such purpose.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-170, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-170, filed 2/2/98, effective 3/5/98
Order 9, § 352-32-170, filed 11/24/70.

Wash. Admin. Code § 352-32-175 Water.

No person shall take greater than five gallons of water from state park areas for personal or commercial use outside state park boundaries, except for:

(1) Those with signed agreements with state parks for water use;

(2) Registered campers and overnight moorage visitors;

(3) Those persons who have paid the trailer dump station or watercraft launch fees when filling fresh water holding tanks in recreational vehicles or vessels;

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-175, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-32-180 Sanitation.

No person shall, in any state park area:

(1) Drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, or vessel, except in designated disposal areas or receptacles.

(2) Clean fish or other food, or wash any clothing or other article for personal or household use, or any dog or other animal, except at designated areas.

(3) Clean or wash any automobile or other vehicle except in areas specifically for that use.

(4) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind, or description, including human or animal bodily waste, any stream, river, lake, or other body of water running in, through, or adjacent to, any state park area.

(5) Urinate or defecate except in designated facilities.

(6) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-32-180, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-180, filed 12/13/02, effective 1/13/03
Order 9, § 352-32-180, filed 11/24/70.

Wash. Admin. Code § 352-32-195 Solicitation.

Except as may be otherwise allowed in connection with a permit issued under WAC 352-32-165 or 352-32-047, or a cooperative agreement pursuant to RCW 79A.05.070(2), no person shall engage in commercial solicitation, or sell or peddle any services, goods, wares, merchandise, liquids, or edibles for human consumption in any state park area, except by concession or permit granted by the commission.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-195, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-195, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-195, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-195, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040 and 43.51.180. WSR 94-16-026, § 352-32-195, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-195, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 83-13-089 (Resolution No. 70), § 352-32-195, filed 6/17/83.

Wash. Admin. Code § 352-32-200 Expulsion from state park areas.

(1) In addition to the penalty provided in RCW 79A.05.165, or any other existing or future law of the state of Washington, violation of or failure to comply with any section of this chapter, or of any other chapter of this title, or any other rule or regulation of the commission, or with any other federal, state, or local law, rule, or regulation applicable under the circumstances, shall subject the person so violating or failing to comply to expulsion from any state park area. Any park ranger may expel a person from any state park area under the authority of this section by issuing the person a notice of expulsion.

(2) A notice of expulsion shall:

(a) Be in writing and signed by the ranger issuing it.

(b) Contain the date of issuance and effective date, the violation that the person is alleged to have committed, a citation to the code, statute, or rule violated, and a description of the egregious nature of the violation warranting a deviation from the standard expulsion duration (if any).

(d) Set out the method of appealing the notice, which shall also include the address where the appeal should be sent.

(e) Prominently display a warning of the consequences for failure to comply with the notice and state that a violation of the terms of the notice will constitute criminal trespass under chapter 9A.52 RCW.

(3) The person subject to expulsion need not be charged, tried, or convicted of any crime or be issued an infraction or have an in-fraction found committed in order for a notice of expulsion to be issued or effective. The issuing ranger need only establish that good cause existed to support the issuance of the notice of expulsion. "Good cause" means facts and circumstances which lead a ranger to believe that a person has violated, or through his or her actions or behaviors, intends to violate the rules of this chapter or any applicable state, local, or federal law or regulation.

(4) The period of expulsion shall be as follows, unless the issuing ranger deems a longer period of expulsion is warranted based on the egregiousness of the violation:

(a) First violation: Forty-eight hour expulsion.

(b) Second violation: Thirty day expulsion.

(5) A person subject to expulsion pursuant to this section may appeal the expulsion to the director by mailing a written statement of the basis for appeal, together with a copy of the expulsion notice, to the director within ten days of receipt of the notice of expulsion. The appeal shall be decided as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494 and shall be decided by the director or designee. Unless the expulsion period expires, the expulsion shall remain in effect during the pendency of an appeal.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-32-200, filed 4/20/16, effective 5/21/16. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-200, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-200, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-32-200, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040. WSR 91-07-014, § 352-32-200, filed 3/12/91, effective 4/12/91
Order 9, § 352-32-200, filed 11/24/70.

Wash. Admin. Code § 352-32-210 Consumption of alcohol in state park areas.

(1) Possessing alcoholic beverages or consuming alcoholic beverages in any state park or state park area is prohibited except in the following designated areas and under the following circumstances in those state parks or state park areas not posted by the director or designee as closed to alcohol pursuant to subsection (4) of this section:

(a) In designated campsites or in other overnight accommodations, by registered occupants or their guests; provided ELC users obtain written permission through state parks application process;

(b) In designated picnic areas, which shall include those sites within state park areas where picnic tables, benches, fireplaces, and/or outdoor kitchens are available, even though not signed as designated picnic areas and public meeting rooms;

(c) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager; and

(d) In any building, facility or park area operated and maintained under a concession agreement, wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(2) Possessing alcoholic beverage or consuming any alcoholic beverages is prohibited at the following locations:

(a) Dash Point State Park;

(b) Saltwater State Park;

(d) Flaming Geyser State Park;

Except in the following designated areas and under the following circumstances:

(i) In designated campsites, or in other overnight accommodations by registered occupants or their guests.

(ii) In any building, facility or park area operated and maintained under a concession agreement wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(iii) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager.

(3) The director or designee may, for a specified period or periods of time, close any state park or state park area to alcohol if the director or designee concludes that an alcohol closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources. The director or designee shall consider factors including but not limited to the effect or potential effect of alcohol on public and employee safety, park appearance, atmosphere, and noise levels, conflicts with other park uses or users, the demand for law enforcement, and the demand on agency staff. Prior to closing any park or park area to alcohol, the director or designee shall hold a public hearing in the general area of the park or park area to be closed to alcohol. Prior notice of the meeting shall be published in a newspaper of general circulation in the area. In the event the director or designee determines that an immediate alcohol closure is necessary to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or park resources, the director or designee may take emergency action to close a park or park area to alcohol without first complying with the publication and hearing requirements of this subsection. Such emergency closure may be effective for only so long as the imminent and substantial threat exists.

(4) The director or designee shall ensure that any park or park area closed to alcohol pursuant to subsection (3) of this section is conspicuously posted as such at the entrance to said park or park area. Additionally, the director or designee shall maintain for public distribution a current list of all parks and park areas closed to alcohol pursuant to subsection (3) of this section.

(5) Dispensing alcoholic beverages from containers larger than two gallons is prohibited in state park areas except when authorized in writing and in advance by the park manager.

(6) The provisions of this rule shall not apply to any part of the Seashore Conservation Area, as designated and established by RCW 79A.05.605.

(7) Opening, consuming, or storing alcoholic beverages in Fort Simcoe State Park and Squaxin Island State Park is prohibited.

(8) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-32-210, filed 4/20/16, effective 5/21/16. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-210, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-210, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-210, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-210, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-210, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-210, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-210, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. WSR 97-21-133, § 352-32-210, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.040. WSR 94-13-081, § 352-32-210, filed 6/13/94, effective 7/14/94
WSR 91-07-014, § 352-32-210, filed 3/12/91, effective 4/12/91. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-14-025 (Order 95), § 352-32-210, filed 6/24/86
WSR 86-06-020 (Order 91), § 352-32-210, filed 2/25/86. Statutory Authority: RCW 43.51.040(3). WSR 81-24-020 (Order 55), § 352-32-210, filed 11/24/81
Order 17, § 352-32-210, filed 2/1/74
Order 11, § 352-32-210, filed 7/29/71.

Wash. Admin. Code § 352-32-215 Compliance with signs.

Failure to abide by a prominently posted restriction on the public use of park property is an infraction, under chapter 7.84 RCW, except as provided in WAC 352-32-310.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-215, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-215, filed 2/2/98, effective 3/5/98.

Wash. Admin. Code § 352-32-220 Intoxication in state park areas.

Being or remaining in, or loitering about in any state park area while in a state of intoxication shall be prohibited. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-220, filed 9/17/92, effective 10/18/92
Order 11, § 352-32-220, filed 7/29/71.

Wash. Admin. Code § 352-32-230 Food and beverage containers on swimming beaches.

(1) The use or possession of any food or beverage container consisting wholly or in part of glass or metal is prohibited on any beach within any state park area, where such beach is designated as a swimming area, or where such beach is customarily and generally used as a swimming area by park patrons though not designated as such.

(2) The provisions of this rule shall not apply to any portion of the seashore conservation area as designated and established by RCW 79A.05.605.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-230, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-230, filed 9/17/92, effective 10/18/92
Order 11, § 352-32-230, filed 7/29/71.

Wash. Admin. Code § 352-32-235 Use of metal detectors in state parks.

The use and operation of metal detectors, as well as the removal of small contemporary materials, is permitted within selected state parks as designated by the director or designee, in accordance with all commission direction on land management, and subject to the conditions and limitations specified.

(1) The use of metal detectors is permitted only within specified portions of approved state parks as posted for public reference. Metal detecting may be allowed in an approved campsite occupied by the registered metal detector user and in unoccupied campsites within approved campgrounds.

(2) The use of metal detectors within a state park shall be limited to daylight hours that the park has posted as "open." No use shall be allowed during periods of seasonal or emergency park closure, except where otherwise posted.

(3) Any person wishing to use a metal detector shall so indicate to park personnel at the park where the use is to occur, by complying with the registration process provided for such purpose.

(4) Exceptional uses of metal detectors in state parks may be allowed through the issuance of a special recreation event application, available from the agency.

(5) This section does not apply to commission employees while engaged in the performance of their duties.

(6) Persons operating metal detectors in state parks and state park areas shall:

(a) Observe all laws and regulations.

(b) Never destroy or disturb park facilities, natural features, or historical or archeological resources. No item which is, or appears to be of historical or archaeological significance, may be removed from the site at which it was found. Any such find shall be immediately reported to park personnel, and the area in which the find occurred shall be closed.

(c) Limit digging implements to ice picks, screwdrivers and probes not to exceed two inches in width and sand scoops not to exceed six inches in width and eight inches in length, containing perforations no less than one-half inch in width, to be used only on sand surfaces. Any holes dug shall be limited to six inches maximum depth and shall be immediately refilled and the surface restored to its earlier condition.

(d) Properly dispose of all found or recovered trash and litter.

(e) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities. An operator shall not allow any emitted metal detector sound audible to other park users.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-235, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-235, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-235, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 97-12-042, § 352-32-235, filed 6/2/97, effective 7/3/97
WSR 92-19-098, § 352-32-235, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. WSR 92-15-118, § 352-32-235, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 90-04-025, § 352-32-235, filed 1/29/90, effective 3/1/90
WSR 87-08-007 (Order 99), § 352-32-235, filed 3/23/87, effective 9/8/87.

Wash. Admin. Code § 352-32-237 Geocache.

(1) In order to place a cache on state parks' property, an individual or organization must obtain a geocache placement permit from state parks. Any cache located on state parks' property that does not have a permit on file is subject to removal from its location, and after notification of the owner (if known) and Washington State Geocache Association (WSGA), may be disposed of within ten days.

(2) The following items shall not be placed in the geocache: Food items; illegal substances; medications; personal hygiene products; pornographic materials; inappropriate, offensive, or hazardous materials or weapons of any type. Log books are required for each cache and are to be provided by the owner of the cache.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-237, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-237, filed 7/8/13, effective 8/8/13. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-237, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-32-240 Nondiscrimination certification.

(1) This is to certify that the Washington state parks and recreation commission is an equal opportunity employer, and that no person in the United States is denied the benefits of full and equal enjoyment of the right of employment or any goods, services, facilities, privileges, advantages, and accommodations of, or on any property administered by the Washington state parks and recreation commission.

(2) The provisions of this certification shall apply to all contractors, lessees, licensees, and concessionaires operating under any legal instrument issued by the Washington state parks and recreation commission, as well as areas operated by the Washington state parks and recreation commission itself.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-240, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-240, filed 7/8/13, effective 8/8/13. Order 27, § 352-32-240, filed 9/23/76.

Wash. Admin. Code § 352-32-250 Standard fees charged.

Fees shall be charged in parks operated by the commission for use of lands, facilities, programs, services, and materials as published by state parks: Provided, however, That the commission may suspend any or all of these fees if revenues generated by the fees are not returned to the benefit of the parks: Provided further, That the director or designee has the authority to discount fees in order to take advantage of marketing opportunities to encourage use and increase revenues. Any such discounts shall be effective for a limited period of time up to one year in duration. The director or designee may consider the following factors in temporarily establishing or discounting fees:

Prevailing rates for comparable facilities;

Day of the week;

Season of the year;

Amenities of the park area and site;

Demand for facilities;

Low-income eligibility requirements as adopted by state parks; and

Such other considerations as the director or designee deems appropriate. The director or designee shall prescribe the specific details and manner in which fees shall be applied. The director or designee may also waive fees for marketing or promotional purposes or to redress visitor complaints. The director or designee may also establish temporary fees for a maximum of one year for new facilities or services. An administrative fee, as published by state parks, will be assessed for replacement of lost, damaged, or destroyed passes or permits.

(1) The director or designee may authorize reciprocity or cooperative arrangements with other state and/or federal agencies for the use of annual permits for like services, provided, that Washington licensed vehicles and/or residents shall be required to have and/or display the appropriate Washington permit or other permit as approved by the director or designee.

(2) Overnight camping - Standard campsite; utility campsite; emergency campsite; overflow campsite; hiker/biker campsite; walk-in campsite; primitive campsite for nonmotorized for motorized vehicle - Fees will be charged as published by state parks. Payment for utility campsite will be collected whether utility hookups are actually used or not, except when otherwise specified by a ranger.

(3) Overnight camping - Multiple campsites: Where campsites are designated and posted as a "multiple campsite," an individual may rent the multiple campsite by paying the multiple campsite fee and providing the required information on the occupants of the other sites. The multiple campsite fee will be calculated by multiplying the standard, utility or primitive campsite fee, as applicable, by the number of individual campsites to be used in the designated multiple campsite.

(4) Group camping area - Certain parks: Individual camping units using these facilities must pay campsite fees as published by state parks.

(5) Convenience camping - Fees will be charged for use of overnight accommodations such as yurts, cabins, platform tents, etc.

(6) Conference center facilities - Fees will be charged for use of facilities and services as set forth in the fee schedule published by state parks and will include, but not be limited to: Overnight accommodations in individual recreational housing units or dormitory units; use of meeting rooms, performance venues and rally areas; linen and janitorial services; group food services; and use of equipment, supplies, and staff time necessary to support group activities. Certain deposits, reservation and cancellation fees also apply as set forth in the fee schedule published by state parks and may not be refundable.

(7) Environmental interpretation:

(a) Service fees will be established by the director or designee in order to recover, to the maximum extent practicable, all direct and indirect costs of environmental interpretation services on a program-wide basis based on anticipated attendance.

(b) Material and publication fees will be established by the director or designee. All material and publication fees will be deposited in the parks improvement account to be used for purposes specified in RCW 79A.05.060.

(c) Facility use, including environmental learning center fees, will be established by the commission. A facility use fee schedule is available by contacting Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650.

(8) Adirondacks - Not to include those located in ELC areas: Occupancy shall be limited to the number of built-in bunks provided.

(9) Extra vehicle overnight parking fee will be charged for each additional unhitched vehicle or motorcycle in excess of the one recreational vehicle and its affiliated tow vehicle allowed at each campsite: Provided, An extra vehicle overnight parking fee shall not be imposed when:

(a) Up to four motorcycles occupy one campsite, exclusive of other vehicles, motorcycles, or recreation vehicles; or

(b) When the recreational vehicle and the affiliated tow vehicle arrive at the park together, and after the camper has registered for and occupied the assigned campsite either the recreational vehicle or the affiliated tow vehicle remain parked at the campsite for the duration of the camper's stay.

(10) Unattended vehicle overnight parking permit: Unoccupied vehicles parked overnight in designated areas must register and pay the nightly permit fee. The permit must be prominently displayed in the vehicle.

(11) Watercraft launch permit fee shall be charged at designated facilities. Watercraft launch permit shall not be required for:

(a) Registered overnight guests in the park containing the watercraft launch;

(b) Persons holding limited-income senior citizen, disability or disabled veteran passes;

(12) Trailer dump station fee - Fee shall not be required for:

(a) Registered camping vehicles in the park containing the dump station;

(b) Vehicles of persons holding limited-income senior citizen, disability or disabled veterans passes;

(13) Variable pricing - Variable prices will apply for use of campsites and/or facilities during such periods as the director or designee may specify.

(14) Popular destination park - A surcharge will apply for use of standard or utility campsites located in a popular destination park during such periods as the director may specify.

(15) Water trail site fees - For one day/night will be set by the commission.

(16) In addition to the regular fee, a surcharge may be imposed for failure to pay the self-registration fee.

(17) Group day use facilities - A minimum daily permit fee will be charged for groups of 20 or more.

(18) Reservation transaction - Fees will be charged as published by state parks and are not refundable.

(19) Moorage facilities - Fee will be charged as published by state parks.

(20) Hot showers, electric stoves - Fees will be charged as published by state parks. Fees published by state parks do not apply in those circumstances set forth in WAC 352-32-280 and 352-32-285 as now or hereafter amended.

(21) Film permits and site location fees will be charged as outlined in chapter 352-74 WAC.

(22) Off-season pass fees will be charged as published by state parks.

(23) Administrative fees will be charged as published by state parks for the replacement of lost, stolen or destroyed passes and permits.

(24) Commercial recreation provider permit registration - a fee shall be charged, as published by state parks for registration as a commercial recreation provider.

(25) Commercial recreation provider permit - A fee shall be charged, as published by state parks for obtaining a permit to engage in commercial recreational use of state parks, as defined in WAC 352-32-010.

(26) Sno-park permit - Seasonal and daily permit fees will be charged as published by state parks.

(27) Special groomed trail permit - A statewide special groomed trail permit will be required for use of special groomed trail areas. The fee charged will be as published by state parks.

(28) Wood debris collection permit - Fee will be charged for collection and removal of wood debris from a state park area pursuant to RCW 4.24.210. The fee may be waived for volunteers assisting with emergency salvage and storm cleanup in the parks.

(29) Merchandise - Prices for merchandise including but not limited to interpretive, recreational and historic materials, literature, food, beverage, grocery and other items at agency operated sales points will be based on market rates and practices.

(30) Back country camping permit - Fee will be charged as published by state parks for selected state park areas as designated by the director.

(31) Group use registration - Fee will be charged for groups of a size to be specified in the fee schedule on a park by park basis who have not otherwise reserved group facilities.

(32) Special event - Fees will be charged based on the cost of providing events and market rates for comparable activities at other locations.

(33) Public assembly - Permit fees based on costs as indicated in WAC 352-32-165.

(34) Aquatic and other state park facilities - Fees will be charged as published by state parks.

(35) Checks dishonored by nonacceptance or nonpayment (NSF checks) - Handling fee and interest:

(a) A handling fee may be assessed consistent with the maximum amount allowed in the office of state procurement, department of general administration's state contract and as published by state parks for checks as defined by chapter 62A.3-104 RCW, dishonored by nonacceptance or nonpayment.

(b) Interest at the maximum rate allowable may be charged on the NSF check as defined by chapter 62A.3-515 RCW, and as published by state parks for a check not paid within fifteen days after a statutory notice of dishonor is sent to maker's last known address.

(36) Fees subject to certificate of participation (COP) and as determined by the commission.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-10-002, § 352-32-250, filed 4/20/16, effective 5/21/16. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-250, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-250, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-250, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-250, filed 12/12/03, effective 1/12/04
WSR 03-01-079, § 352-32-250, filed 12/13/02, effective 1/13/03. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 02-19-069, § 352-32-250, filed 9/13/02, effective 10/14/02. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-250, filed 6/16/00, effective 7/17/00. Statutory Authority: Chapter 79A.05 RCW and RCW 79A.05.070. WSR 00-01-201, § 352-32-250, filed 12/22/99, effective 1/22/00. Statutory Authority: RCW 43.51.040(2). WSR 98-23-063, § 352-32-250, filed 11/16/98, effective 1/1/99. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. WSR 97-21-133, § 352-32-250, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-32-250, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-250, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. WSR 95-07-061, § 352-32-250, filed 3/13/95, effective 4/13/95. Statutory Authority: RCW 43.51.040. WSR 94-23-024, § 352-32-250, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. WSR 94-13-080, § 352-32-250, filed 6/13/94, effective 7/14/94
WSR 94-08-036, § 352-32-250, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. WSR 93-19-113, § 352-32-250, filed 9/20/93, effective 10/21/93
WSR 93-08-025, § 352-32-250, filed 3/30/93, effective 5/1/93. Statutory Authority: Chapter 43.51 RCW. WSR 92-10-018, § 352-32-250, filed 4/29/92, effective 5/30/92. Statutory Authority: RCW 43.51.040. WSR 91-09-001, § 352-32-250, filed 4/4/91, effective 5/15/91
WSR 90-07-062, § 352-32-250, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 89-07-020 (Order 89-01), § 352-32-250, filed 3/7/89
WSR 88-07-074 (Order 103), § 352-32-250, filed 3/18/88, effective 5/15/88
WSR 87-08-008 (Order 100), § 352-32-250, filed 3/23/87, effective 5/15/87
Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 85-08-003 (Order 88), § 352-32-250, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 84-09-045 (Order 77), § 352-32-250, filed 4/16/84. Statutory Authority: RCW 43.51.055 and 43.51.060. WSR 83-23-094 (Order 71), § 352-32-250, filed 11/22/83. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 83-09-031 (Resolution No. 67), § 352-32-250, filed 4/15/83
WSR 82-15-059 (Order 62), § 352-32-250, filed 7/20/82
WSR 82-09-035 (Order 60), § 352-32-250, filed 4/14/82
WSR 81-09-034 (Order 50), § 352-32-250, filed 4/14/81
WSR 80-05-007 (Order 45), § 352-32-250, filed 4/4/80. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). WSR 79-09-077 (Order 42), § 352-32-250, filed 8/30/79, effective 10/1/79
WSR 79-02-032 (Order 41), § 352-32-250, filed 1/23/79, effective 5/1/79
WSR 78-05-082 (Order 39), § 352-32-250, filed 5/1/78
Order 36, § 352-32-050 (codified as WAC 352-32-250), filed 10/11/77
Order 27, § 352-32-250, filed 11/19/76.

Wash. Admin. Code § 352-32-25001 Fort Worden reservations and fees.

Reservations, use policies and fee schedules for facilities at Fort Worden State Park, including recreational housing, conference center housing, meeting rooms, campsites, and rally areas are available by contacting Fort Worden State Park, 200 Battery Way, Port Townsend, Washington 98368. Reservations are accepted at Fort Worden by telephone, by mail, by internet, by facsimile or in person. Certain deposits, reservation and cancellation fees apply as set forth in the fee schedule published by state parks.

History

Statutory Authority: RCW 43.51.040. WSR 99-08-031, § 352-32-25001, filed 3/30/99, effective 5/1/99
WSR 98-04-065, § 352-32-25001, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060(6). WSR 95-03-005, § 352-32-25001, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 43.51.060. WSR 94-04-075, § 352-32-25001, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.51.040. WSR 93-01-029, § 352-32-25001, filed 12/7/92, effective 1/7/93
WSR 91-22-063, § 352-32-25001, filed 11/1/91, effective 12/2/91. Statutory Authority: RCW 43.51.949 and 43.51.060. WSR 90-23-031, § 352-32-25001, filed 11/14/90, effective 1/1/91. Statutory Authority: RCW 43.51.040. WSR 90-07-062, § 352-32-25001, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 89-22-073, § 352-32-25001, filed 10/31/89, effective 12/1/89
WSR 88-22-050 (Order 107), § 352-32-25001, filed 10/31/88. Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. WSR 87-24-032 (Order 102), § 352-32-25001, filed 11/24/87. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 86-24-016 (Order 98), § 352-32-25001, filed 11/24/86. Statutory Authority: RCW 43.51.040 and 43.51.060(6). WSR 85-23-069 (Order 90), § 352-32-25001, filed 11/20/85. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 84-23-049 (Resolution No. 85), § 352-32-25001, filed 11/19/84.

Wash. Admin. Code § 352-32-251 Limited income senior citizen, disability, and disabled veteran passes.

WAC 352-32-251

(1)(a) Persons who are senior citizens, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past three consecutive months will, upon application to the Washington state parks and recreation commission accompanied by either a copy of a federal income tax return filed for the previous calendar year, or a senior citizen property tax exemption pursuant to RCW 84.36.381, or Social Security Administration form SSA-1099, receive a five-year limited income senior citizen pass at no charge, which entitles the holder's camping party to free use of trailer dump stations, watercraft launch sites, day-use vehicle access to state parks and to a 50 percent reduction in the campsite fee, or moorage fee as published by state parks.

(b) Proof submitted to the commission for the return of a senior citizen pass surrendered upon request to a commission employee who has reason to believe the user does not meet the eligibility criteria will be the same as listed in subsections (1) and (5) of this section for original pass issuance.

(2) Persons who are:

(a) Permanently disabled, legally blind, or profoundly deaf, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past three consecutive months will, upon application to the commission, receive a five-year disability pass at no charge;

(b) Temporarily disabled and who meet the eligibility requirements of RCW 79A.05.065 and have been residents of Washington state for at least the past three consecutive months will, upon application to the commission, receive a one-year disability pass at no charge; and

(c) Residents of Washington who have been issued a disabled parking ID card, or special license plate for a permanent disability under RCW 46.16.381 will be entitled, along with the members of their camping party to free use of trailer dump stations, watercraft launch sites, day-use vehicle access to parks and to a 50 percent reduction in the campsite fee, or moorage fee as published by state parks.

(3) Persons who are veterans, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past three consecutive months will, upon application to the commission, receive a lifetime disabled veteran pass at no charge. Pass holders must provide proof of continued residency as determined by the state parks director or director's designee. The pass entitles the holder's camping party to free use of a state park campsite, day-use vehicle access to state parks, trailer dump station, watercraft launch site and moorage facility.

(4) Applications for limited income senior citizen, disability, and disabled veteran passes will be made on forms prescribed by the commission.

(5) Verification of age will be by original or copy of a birth certificate, notarized affidavit of age, witnessed statement of age, baptismal certificate, ID card, or driver license. Verification of residency shall be by original or copy of a Washington state driver license, voter registration card, or senior citizen property tax exemption, or other proof of continued residency as determined by the state parks director or director's designee.

(6) Pass holders must be present and show their valid pass and identification upon registration or when requested by any commission employee or representative.

(7) Pass holders that violate or abuse the privileges of their pass, as listed below, may be subject to suspension of their pass and assessed other fees.

(a) Duplicate or multiple reservations for the same night - 30-day suspension.

(b) Use of pass by unauthorized person - 60-day suspension and/or a fee equal to two times the campsite fee.

(d) Repeated park rule violations - Minimum 90-day suspension.

The pass will be confiscated by the on-duty ranger or the on-duty ranger's designee and sent to the state parks headquarters office in Olympia. At the end of the suspension, the pass will be returned to the authorized pass holder at no cost.

(8) The commission may deny or revoke any Washington state parks pass issued under this section for cause as stated in RCW 79A.05.065.

(9) Pass holders may appeal a suspension or revocation of their pass by mailing a written statement of the basis for appeal to the state parks director within 10 days of receipt of the notice of suspension or revocation. The appeal may be decided as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494 and will be decided by the state parks director or director's designee. Unless the suspension period expires, the suspension will remain in effect during the pendency of appeal.

(10) Pass holder discounts shall apply only to those fees listed in subsections (1), (2), and (3) of this section. Pass holder discounts will not apply to all other fees as published by state parks, including but not limited to, extra vehicles, vacation housing, yurts, and cabins.

(11) If the conditions of a pass holder change or the pass holder changes residency to a place outside Washington state during the time period when a pass is valid such that a pass holder no longer meets the eligibility requirements of RCW 79A.05.065 and WAC 352-32-251, the pass becomes invalid, and the pass holder will return the pass to the commission or surrender the pass to a state parks representative.

(12) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-039, s 352-32-251, filed 6/24/26, effective 7/25/26
WSR 19-04-075, § 352-32-251, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 11-17-067, § 352-32-251, filed 8/16/11, effective 9/16/11. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-251, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-251, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-32-251, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-251, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-251, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-251, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-251, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. WSR 97-21-133, § 352-32-251, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-32-251, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 90-04-024, § 352-32-251, filed 1/29/90, effective 3/1/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 88-19-087 (Order 106), § 352-32-251, filed 9/19/88. Statutory Authority: RCW 43.51.055 and 43.51.060. WSR 83-23-094 (Order 71), § 352-32-251, filed 11/22/83.

Wash. Admin. Code § 352-32-252 Off-season senior citizen pass—Fee.

(1) Persons who are senior citizens, are at least sixty-two years of age, and have been residents of Washington state for at least the past three consecutive months will, upon application to the commission, receive an off-season senior citizen pass which entitles the holder's camping party to camp at any camping areas made available by the state parks commission, as well as use of agency mooring facilities, at no cost beyond the charges provided for in subsection (3) of this section, effective October 1st through March 31st, and Sunday through Thursday nights in April as determined by the state parks director and posted. Each such pass will be valid only during one off-season period.

(2) Applications for off-season senior citizen passes will be made on forms prescribed by the commission and shall be accepted only after September 1st for the following off-season period.

(3) There will be a fee for each off-season senior citizen pass. Limited income senior citizen pass holders may purchase the off-season pass at a 50 percent discount. A surcharge equal to the fee for an electrical hookup published by state parks shall be assessed for each night an off-season senior citizen pass holder uses a campsite with an electrical hookup.

(4) Pass holders must be present and show their valid pass and identification upon registration or when requested by any commission employee or representative.

(5) Pass holder discounts shall apply only to those fees in subsections (1) and (3) of this section. Pass holder discounts will not apply to other fees as published by state parks, including but not limited to, extra vehicles, vacation housing, yurts, and cabins.

(6) If a pass holder changes residency to a place outside Washington state during the time period when a pass is valid, the pass becomes invalid and the pass holder shall return the pass to the commission or surrender the pass to a state parks representative.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-252, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 11-17-067, § 352-32-252, filed 8/16/11, effective 9/16/11. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-252, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 03-01-079, § 352-32-252, filed 12/13/02, effective 1/13/03. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-252, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-252, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060. WSR 94-08-036, § 352-32-252, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. WSR 93-08-025, § 352-32-252, filed 3/30/93, effective 5/1/93
WSR 91-09-001, § 352-32-252, filed 4/4/91, effective 5/15/91
WSR 90-07-062, § 352-32-252, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 88-19-087 (Order 106), § 352-32-252, filed 9/19/88
WSR 85-08-003 (Order 88), § 352-32-252, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.055 and 43.51.060. WSR 83-23-094 (Order 71), § 352-32-252, filed 11/22/83.

Wash. Admin. Code § 352-32-253 Foster family program.

(1) Any Washington state resident who provides out-of-home care to a child as either a current licensed foster family home or kinship caregiver under RCW 74.13.600 when recreating with the child receiving out-of-home care, is entitled to apply for a Washington State Parks Foster Home Pass which provides day-use vehicle access to parks and free camping for two consecutive years.

(2) To receive a Foster Family Pass, the applicant must submit documents from one of the following categories:

(a) Caregiver ID card or foster license issued by the department of children, youth, and families, an award letter or TANF child-only grant from the department of social and health services, or verification of kinship caregiver eligibility from a sovereign tribal government; or

(b) Two of the following documents. A court order, tax return with both the parent and child's name, lease agreement with both the parent and child's name, or verification from a kinship navigator program.

(3) To use a campsite, the qualified resident shall:

(a) If the park is subject to the state parks reservation system, families will make reservations through the reservation services call center or online reservations system, pay the reservation fee, and show their foster home license, caregiver ID card, or valid Washington State Parks Foster Family Pass, along with their Washington state driver license or photo ID upon arrival at the park(s). Effective June 1, 2024, only a valid Washington State Parks Foster Family Pass with driver license or photo ID will be accepted.

(b) For nonreservation parks, families, upon arrival at the park, will show their foster home license, caregiver ID card, or a valid Washington State Parks Foster Family Pass, along with their Washington state driver license or photo ID. Effective June 1, 2024, only a valid Washington State Parks Foster Family Pass with driver license or photo ID will be accepted.

(4) The foster parent or kinship caregiver to the child and the child receiving out-of-home care must be present for the duration of the stay.

(5) Violations or abuse of these privileges granted under the Foster Family Pass including, but not limited to, the list below, may be subject to revocation, suspension of their privileges and/or assessed other fees.

(a) Duplicate or multiple reservations for the same night - 30-day suspension.

(b) Use of privileges by unauthorized person - 60-day suspension and/or a fee equal to two times the campsite fee.

(d) Repeated park rule violations - Minimum 90-day suspension.

(6) Foster parents may appeal a suspension or revocation to the state parks director by mailing a written statement of the basis for appeal to the director within 10 days of receipt of the notice of suspension or revocation. The appeal may be decided as a brief adjudicative appeal under RCW 34.05.482 through 34.05.494, and will be decided by the director or designee. Unless the suspension period expires, the suspension will remain in effect during the pendency of an appeal.

History

Statutory Authority: RCW 79A.05.065. WSR 23-15-072, § 352-32-253, filed 7/17/23, effective 8/17/23. Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-32-253, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-253, filed 11/20/08, effective 12/21/08.

Wash. Admin. Code § 352-32-255 Self-registration.

In those parks so posted by the commission, park visitors shall register for the use of facilities and shall pay the appropriate fee upon arrival, on a self-registration basis, in accordance with all posted instructions. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-255, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-255, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-255, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060. WSR 94-08-036, § 352-32-255, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-255, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-09-035 (Order 60), § 352-32-255, filed 4/14/82.

Wash. Admin. Code § 352-32-260 Sno-park display.

Only those vehicles properly displaying a valid winter recreational area parking permit issued by the state of Washington shall park in designated winter recreational parking areas: Permits shall be displayed near the lower left corner and on the inside of the windshield of the vehicle when the vehicle is parked in a designated winter recreational parking area. Those vehicles in violation of this rule shall be subject to the application of RCW 46.61.587. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-260, filed 8/13/13, effective 9/13/13. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-260, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040(1), 43.51.050(3) and 43.51.290(2). WSR 92-15-119, § 352-32-260, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 43.51.040 and 43.51.290. WSR 78-02-038 (Order 38), § 352-32-260, filed 1/17/78
Order 37, § 352-32-260, filed 10/6/77.

Wash. Admin. Code § 352-32-270 Sno-park permit—Fees.

Fees for the winter recreational area parking permits will be established by the commission and shall be published by state parks. These permits include:

(1) Seasonal permit - Valid December 1st through April 30th of the winter season for which it is issued.

(2) One day permit - Valid for the date identified on the permit in the space provided.

(3) Special groomed trail permit - The director may designate certain sno-parks as requiring a special groomed trail permit. In making this designation the director may consider the following factors:

The facilities and services available;

The demand for facilities and services; user days; and

Such other considerations as the director deems appropriate.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-270, filed 8/13/13, effective 9/13/13. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. WSR 97-21-133, § 352-32-270, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.040. WSR 92-15-120, § 352-32-270, filed 7/21/92, effective 8/21/92
WSR 91-09-001, § 352-32-270, filed 4/4/91, effective 10/1/91. WSR 91-09-001, § 352-32-270, filed 4/4/91, effective 10/1/91. Statutory Authority: RCW 43.51.050. WSR 90-10-023, § 352-32-270, filed 4/23/90, effective 5/24/90. Statutory Authority: RCW 43.51.300. WSR 82-19-075 (Order 63), § 352-32-270, filed 9/21/82.

Wash. Admin. Code § 352-32-280 Applicability of standard fees.

The fees published by state parks pursuant to RCW 79A.05.070(6), shall not apply in the following circumstances:

(1) Whenever fees are charged by a concessionaire pursuant to a valid concession agreement granted by the commission pursuant to RCW 79A.05.030(5).

(2) Whenever fees are established pursuant to a development or management plan authorized or directed to be prepared by the legislature or state agency other than the commission, as, for example the Fort Worden State Park development and management plans.

(3) Whenever any improvement club or voluntary association, or committees representing such clubs or associations, acting pursuant to the commission's permission granted pursuant to RCW 79A.05.140 - 79A.05.155, utilizes any park facilities. Continuous occupancy of facilities by the same person or persons qualifying under this subsection shall be limited to 30 consecutive nights, unless otherwise approved by the director or designee.

(4) Whenever any individual, appointed by a court of law to perform work in a park in lieu of other sentencing, utilizes any park facilities.

(5) Whenever any individual utilizes any park facility in accordance with the terms of any contract, lease, or concession agreement, with the commission.

(6) The limit placed on any camper by WAC 352-32-030(5) shall not apply to persons qualifying under this section.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-280, filed 1/22/07, effective 2/22/07. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-280, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-280, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-09-035 (Order 60), § 352-32-280, filed 4/14/82. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). WSR 78-05-082 (Order 39), § 352-32-280, filed 5/1/78
Order 34, § 352-32-280, filed 7/29/77.

Wash. Admin. Code § 352-32-285 Applicability of standard fees to volunteers in parks.

The fees published by state parks pursuant to RCW 79A.05.070(6) shall not apply whenever any individual, group, organization, association, or agency shall volunteer to perform personal services in lieu of standard fees if the following conditions are met:

(1) The park manager has determined that the personal service is desirable;

(2) The service performed does not replace or supplant that which would otherwise be performed by parks employees or contractors;

(3) The service performed is not one commonly performed by members of an organized trade union;

(4) The service performed does not result in any type of development which will necessarily create future operating costs to the commission;

(5) The volunteer shall perform personal services under the following provisions.

(a) At least four hours of service are provided per day; alternatively

(b) At least twenty-eight hours of service are provided per seven-day week, spread over at least five days.

(c) If more than four hours, but less than twenty-eight hours of volunteer service are provided during a seven-day week, a prorated waiver of fees equivalent to (b) of this subsection may be offered by the park manager.

(d) Volunteer time accumulated may not be carried forward for credit in subsequent weeks.

(e) The waiver of standard fees shall apply only at the park where such personal services were performed.

The limit placed on any camper by WAC 352-32-030(7) shall not apply to persons qualifying under this section. Continuous occupancy of facilities by the same person or persons qualifying under this section shall be limited to thirty consecutive nights, unless otherwise approved by the director or designee.

This section does not expand or limit the provisions of RCW 79A.05.140 through 79A.05.155.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-285, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-285, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-285, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 93-06-001, § 352-32-285, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-15-068 (Order 105), § 352-32-285, filed 7/19/88. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. WSR 85-08-003 (Order 88), § 352-32-285, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 82-09-035 (Order 60), § 352-32-285, filed 4/14/82
WSR 81-15-059 (Order 53), § 352-32-285, filed 7/20/81. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). WSR 78-05-082 (Order 39), § 352-32-285, filed 5/1/78.

Wash. Admin. Code § 352-32-290 Wood debris collection.

(1) Wood debris that may be removed without significantly adversely impacting the environment of the park at which it is located and that is surplus to the needs of such park, may be collected after obtaining a state parks' wood debris collection permit.

(2) A person may collect and remove wood debris from a designated state park area only when the person obtains the required wood debris collection permit.

(3) A wood debris collection permit is valid only at the state park at which the permit is issued.

(4) Subject to availability, for each wood debris collection permit issued, a person may collect and remove from a state park area not more than five cords of wood debris. Wood debris may be collected only for personal firewood use and only from sites and during time periods designated by a park ranger.

(5) The nonrefundable fee for a wood debris collection permit shall be established by the director consistent with limitations identified in RCW 4.24.210, 79A.05.035 and 43.52.065.

(6) This section shall be implemented in compliance with chapter 352-28 WAC.

(7) All other collection of wood debris in state park areas is prohibited.

(8) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-32-290, filed 11/30/05, effective 12/31/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-290, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. WSR 96-01-078, § 352-32-290, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-32-290, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.045. WSR 84-20-071 (Order 83), § 352-32-290, filed 10/2/84.

Wash. Admin. Code § 352-32-295 Land exchange—Fee.

A party who exchanges land with the commission shall pay a nonrefundable transfer fee to the commission of one hundred dollars for each exchange. When the exchange includes a transfer to the commission of land valued at one hundred dollars or more than the value of land transferred by the commission, the transfer fee shall be considered paid by the difference in the land value.

History

Statutory Authority: Chapter 43.51 RCW. WSR 92-15-121, § 352-32-295, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 43.51.210. WSR 84-20-068 (Order 80), § 352-32-295, filed 10/2/84.

Wash. Admin. Code § 352-32-300 Easement, franchise, license, and special use permit applications and fees.

(1) A party that desires to have a request for an easement, franchise, license, or special use permit considered by the commission shall submit an application on a form provided by the director to the:

Washington State Parks and

Recreation Commission

P.O. Box 42650

Olympia, WA 98504-2650

Each application from a party other than a government agency shall be accompanied by a nonrefundable application fee according to a schedule adopted by the commission.

A party shall pay the commission processing and use fees as apply according to a schedule adopted by the commission.

A party shall pay the commission for any appraisal, appraisal review, and survey costs incurred by the commission during the consideration of an application for an easement, franchise, license, or special use permit. The amount of any appraisal, appraisal review, and survey costs shall be determined by the director or designee.

An application fee and any processing fees, use fees, and appraisal, appraisal review, and survey payments shall be submitted to the commission at the address listed above and shall be in the form of a check or money order payable to the commission.

(2) The application fee, processing fee, use fee, and the appraisal, appraisal review, and survey payments established by subsection (1) of this section may be waived by the director or designee when the director or designee determines that the action authorized by an easement, franchise, license, or special use permit will be of benefit to the general public, if approved by the commission.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-300, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-300, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-300, filed 2/2/98, effective 3/5/98
WSR 96-19-031, § 352-32-300, filed 9/10/96, effective 10/31/96
WSR 84-20-069 (Order 81), § 352-32-300, filed 10/2/84.

Wash. Admin. Code § 352-32-310 Penalties.

Any violation designated in this chapter as a civil infraction pursuant to chapter 7.84 RCW, will be treated as infractions regardless of whether they appear in the IRLJ 6.2 penalty schedule, except that a violation of WAC 352-32-120 shall at all times be a gross misdemeanor.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-32-310, filed 8/13/13, effective 9/13/13
WSR 13-15-020, § 352-32-310, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. WSR 04-01-067, § 352-32-310, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-32-310, filed 9/17/92, effective 10/18/92.

Wash. Admin. Code § 352-32-320 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected.

History

Statutory Authority: RCW 43.51.060. WSR 94-08-036, § 352-32-320, filed 3/31/94, effective 5/1/94.

Wash. Admin. Code § 352-32-330 Commercial recreation providers—Permits.

(1) Commercial recreation providers are required to register in order to engage in commercial recreational use of state parks. Commercial recreation providers are required to register and possess a commercial recreation provider permit in order to engage in commercial recreational use of state parks. Registration for commercial recreation provider permits requires completion of application forms, providing proof of insurance and paying the appropriate fees. The commission shall establish the permit and registration fees and the director shall set the amount of the fees.

(2) Except as provided in WAC 352-32-310, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 00-13-070, § 352-32-330, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. WSR 98-04-065, § 352-32-330, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. WSR 96-22-018, § 352-32-330, filed 10/29/96, effective 1/1/97.

Wash. Admin. Code § 352-32-340 Approval of community-based park improvements—Policies.

The director or designee shall approve or disapprove all permits for community-based park improvements. Specific policies concerning community-based park improvements are available upon request.

A community-based park improvement is a construction project, proposed to be accomplished by individuals, groups, churches, charities, organizations, agencies, clubs, or associations using donated labor and/or materials, that results in a permanent change to state park lands or structures, or that creates an additional structure on state park lands.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-32-340, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-340, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, 79A.05.140, 79A.05.145, 79A.05.150, and 79A.05.155. WSR 01-20-036, § 352-32-340, filed 9/26/01, effective 10/27/01.

Wash. Admin. Code § 352-32-350 Seaweed harvest.

(1) For the purposes of this section, seaweed is defined as all species of marine algae and flowering sea grasses.

(2) Pursuant to RCW 79A.05.165(1), all state park areas are closed to the harvest of seaweed except Fort Ebey, Fort Flagler and Fort Worden state parks which are open to the noncommercial harvest of seaweed in accordance with RCW 79.96.210 from April 16 - May 15 each year. Seaweed harvesting in state park areas is limited to posted park hours.

(3) Seaweed shall be harvested using the following techniques: The leaves of bull kelp (Nereocystis) will be cut no closer than twenty-four inches (61 cm) above the bulb, and short stemmed kelps such as sugar wrack (Laminaria) and wing kelp (Alaria) are to be cut no closer than twelve inches (30 cm) above the anchor point. Cutting will be done using a knife or similar instrument, leaving the anchor point in place at all times. No tearing of the plants from the substrate or trimming is allowed, and rakes, tined forks, or similar tools are prohibited. The limit weight is ten pounds wet weight (fresh-picked before cleaning) per person per day, and drying or partial drying is prohibited prior to weighing. Each harvester must use a scale to determine when the harvest weight limit has been reached, and use their own container. Multiple limits may not be combined in the same container.

(4) The director or designee may take immediate action to reduce harvest levels where there is evidence of environmental damage. Such state park areas shall post changes in the daily harvest limits to inform the public of the reduced harvest levels.

(5) No person shall harvest or possess any seaweed within a state park area closed to harvest pursuant to subsection (2) or (4) of this section, except as necessary for scientific research authorized in writing by the environmental program manager at state parks.

(6) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-32-350, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. WSR 05-01-069, § 352-32-350, filed 12/9/04, effective 1/9/05.

Chapter 352-37 Ocean beaches.

Wash. Admin. Code § 352-37-010 Purpose.

The purpose of this chapter is to implement the provisions of RCW 79A.05.600 through 79A.05.695 which require local governments which have a portion of the Seashore Conservation Area within their boundaries to prepare recreation management plans for the ocean beaches designating at least forty percent of the beach for use by pedestrians and nonmotorized vehicles from April 15 to the day following Labor Day of each year.

This chapter sets forth those sections of the plans which the commission has adopted as rules.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-010, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-010, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-020 Definitions.

Whenever used in this chapter the terms below mean the following, unless the context clearly indicates otherwise:

"Access road" means a road designated by a city, county, or the state for the purpose of accessing the ocean beaches.

"Aircraft" means any machine designed to travel through the air, whether heavier or lighter than air; airplane, dirigible, balloon, helicopter, etc. The term aircraft does not include paraglider.

"Campfires" means any open flame from a wood source.

"Camping" means erecting a tent or shelter or arranging bedding, or both, between the hours of 11:00 p.m. and 6:00 a.m.; or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.

"Commission" means the Washington state parks and recreation commission.

"Concentrate" means the valuable mineral content separated from aggregate.

"Director" means the director of the Washington state parks and recreation commission or the director's designee.

"Driveable beach" means that area of the ocean beaches lying between the upper or landward limit of the hard sand area and the clam beds.

"Dry sand area" means that area lying above and to the landward side of the hard sand area as defined in this section.

"Excavation site" means the pit, furrow, or hole from which aggregate is removed to process and recover minerals or into which wastewater is discharged to settle out sediments.

"Fire" means any open flame from any source or device including, but not limited to, recreational fires, campfires, stoves, candles, torches, barbeques and charcoal.

"Fishtailing" means to swerve or skid from side to side.

"Geocache" means geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called geocachers) use a Global Positioning System receiver or other navigational techniques to hide and seek containers (called "geocaches" or "caches").

"Hard sand area" means that area over which the tide ebbs and flows on a daily basis; and which is sufficiently hard or firm to support the weight of, and to provide unhindered traction for, an ordinary passenger vehicle.

"Hovercraft" means a powered vehicle supported by a cushion of air capable of transporting persons.

"Intimidate" means to engage in conduct which would make a reasonable person fearful.

"Long Beach Peninsula" means that area of the ocean beaches as defined in this section lying between Cape Disappointment on the south and Leadbetter Point on the north.

"Mineral prospecting tools" means any natural or manufactured device, implement, or animal (other than the human body) that can be used in any aspect of prospecting for or recovering minerals.

"Motor vehicle" means every vehicle that is self-propelled. For the purposes of this chapter, a motor vehicle must be approved for highway use in accordance with Title 46 RCW.

"North Beach" means that area of the ocean beaches as defined in this section lying between Damon Point on the south and Cape Flattery on the north.

"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to WAC 352-32-165 does not constitute obstruction of pedestrian or vehicular traffic.

"Ocean beaches" means all lands fronting on the Pacific Ocean between Cape Disappointment and Leadbetter Point; between Toke Point and the south jetty on Point Chehalis; and between Damon Point and the Makah Indian Reservation, and occupying the area between the line of ordinary high tide and the line of extreme low tide, as these lines now are or may hereafter be located, and, where applicable, between the Seashore Conservation Line, as established by survey of the commission and the line of extreme low tide, as these lines now are or may hereafter be located, or as defined in RCW 79A.05.605, provided, that the ocean beaches does not include any lands within the established boundaries of any Indian reservation.

"Parasail" means a parachute-type device attached to a rope pulled by a motor vehicle, resulting in the participant being lifted from the ground by the force of the wind.

"Person" means all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Placer" means a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals.

"Prospecting" means the exploration for minerals and mineral deposits.

"Seashore conservation area" means all lands now or hereafter under state ownership or control as defined in RCW 79A.05.605.

"South Beach" means that area of the ocean beaches as defined in this section lying between Toke Point on the south and the south jetty on Point Chehalis on the north.

"Wind/sand sailer" means a wheeled, wind-driven recreational conveyance.

History

Statutory Authority: RCW 79A.05.030, 79A.05.610, and 79A.05.615. WSR 21-10-020, § 352-37-020, filed 4/23/21, effective 5/24/21. Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-020, filed 2/1/19, effective 3/4/19
WSR 16-14-020, § 352-37-020, filed 6/24/16, effective 7/25/16. Statutory Authority: RCW 79A.05.030, 79A.05.165, and 79A.05.615. WSR 11-19-015, § 352-37-020, filed 9/8/11, effective 10/9/11. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-020, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-020, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-020, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-020, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-030 Vehicular traffic—Where permitted—Generally.

Subject to the restrictions set forth in subsequent sections of this chapter, and except at the point of intersection of any access road and the beach, the use of motor vehicles on and along the ocean beaches shall be permitted only on that area between the extreme upper or landward limit of the hard sand area and the clam beds, defined as the "driveable beach" in WAC 352-37-020. The operation of any vehicle is prohibited above and on the landward side of the driveable beach. The provisions of this section shall not apply to official vehicles engaged in authorized law enforcement, maintenance, or sanitary patrol activities or emergency vehicles while engaged in the performance of any necessary service.

The Long Beach Peninsula, South Beach, and North Beach Recreation Management Plans, as referenced in RCW 79A.05.600 through 79A.05.695, as adopted by local governments located on the same beach and approved by the commission, identify those areas where the operation or parking of any vehicle is prohibited. Exceptions that allow for the use of any vehicles in these areas identified as exclusive pedestrian/nonmotorized use areas are found in WAC 352-37-070. Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-030, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-030, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-030, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-030, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-040 Long Beach Peninsula.

(1) Leadbetter Point exclusive pedestrian/nonmotorized vehicle use area is described as the area from the northern tip of Leadbetter Point to the north side of the Oysterville beach access road.

(a) Motor vehicles are not allowed year round in the area located between the northern tip of Leadbetter Point and the southern boundary of Leadbetter Point State Park.

(b) Motor vehicles are not allowed in the area located between the southern boundary of Leadbetter Point State Park to the north side of the Oysterville beach access road, from April 15 to the day following Labor Day of the same year.

(2) Long Beach/Seaview exclusive pedestrian/nonmotorized vehicle use area is described as the area from the south side of the Bolstad Avenue beach access road south to the north side of the Seaview beach access road at 38th Avenue.

Motor vehicles are not allowed from April 15 to the day following Labor Day of the same year.

(3) Ft. Canby unit exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north jetty of the Columbia River located in Cape Disappointment State Park to north head/south boundary of Beard's Hollow.

Motor vehicles are not allowed on Benson Beach in front of Cape Disappointment State Park for the entire year. Motor vehicles may not be used on the beach in front of the state park for any clam season at any time of the year.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-040, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-040, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-040, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-050 South Beach.

(1) East North Cove exclusive pedestrian/nonmotorized vehicle use area is described as the beach on the Pacific County owned property described as the north half of the northeast quarter section of the southwest quarter section of the southwest quarter of Section 4, Township 14N, Range 11 WWM.

Motor vehicles are not allowed from April 15 to the day following Labor Day of the same year.

(2) The Willapa National Wildlife Refuge/Warrenton Cannery road beach access exclusive pedestrian/nonmotorized vehicle use area is described as the area south of the south edge of the Warrenton Cannery beach access road east to east boundary line of the Willapa National Wildlife Refuge.

(a) Part west of Willapa National Wildlife Refuge. In the portion of this area west of the west boundary line of the Willapa National Wildlife Refuge, motor vehicles are not allowed from April 15 to the day following Labor Day of the same year.

(b) Part within the Willapa National Wildlife Refuge. In the portion of this area within Willapa National Wildlife Refuge, motor vehicles are not allowed from April 15 to the day following Labor Day of the same year. Motor vehicles may not be used in the wildlife refuge during the portion of any clam season which is between April 15 and the day following Labor Day of the same year.

(3) Twin Harbors Gap road to the south jetty exclusive pedestrian/nonmotorized vehicle use area is described as that area from the northern edge of the Twin Harbors beach access road to the south jetty on Point Chehalis.

(a) On the beach in front of the Westport Light State Park, motorized vehicles are not allowed from April 15 to the day following Labor Day of the same year. Motor vehicles may not be used on the beach in front of the state park during the portion of any clam season which is between April 15 and the day following Labor Day of the same year.

(b) On the beach in front of Westhaven State Park motorized vehicles are not allowed for the entire year. Motor vehicles may not be used on the beach in front of the state park for any clam season at any time of the year.

(c) In the balance of the area, motorized vehicles are not allowed from April 15 to the day following Labor Day of the same year.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-050, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-050, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-060 North Beach.

(1) North jetty to Marine View Drive beach access exclusive pedestrian/nonmotorized vehicle use area is described as that area from the south edge of the Marine View Drive beach access to the north jetty of the Chehalis River.

Motor vehicles will not be allowed in this area from April 15 to the day after Labor Day of the same year.

(2) Pacific Way to Chance A La Mer beach access exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north edge of the Pacific Way beach access road north to the south edge of the Chance A La Mer beach access road.

Motor vehicles are not allowed April 15 to the day after Labor Day of the same year.

(3) Ocean City beach access north for 1.8 miles exclusive pedestrian/nonmotorized vehicle use area is described as that area from the northern edge of the Ocean City beach access road north for 1.8 miles.

Motor vehicles are not allowed in this area from April 15 to the day after Labor Day of the same year.

(4) Benner Gap road north to the north bank of the Copalis River exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north edge of the Benner Gap beach access road north to the north bank of the Copalis River. If the Copalis River shifts south of the north boundary of Griffiths-Priday State Park, the north boundary of Griffiths-Priday State Park shall be the north boundary of this area.

Motor vehicles are not allowed in this area for the entire year.

(5) Copalis Rock north to Boone Creek exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north edge of Copalis Rock north to the north bank of Boone Creek.

Motor vehicles are not allowed in this area from April 15 to the day following Labor Day of the same year.

(6) Roosevelt Beach Gap road north to Annelyde Gap road exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north edge of the Roosevelt beach access road to the south edge of the Annelyde beach access road.

Motor vehicles are not allowed in this area from April 15 to the day following Labor Day of the same year.

(7) Moclips Gap road north to the south boundary of the Quinault Indian reservation exclusive pedestrian/nonmotorized vehicle use area is described as the area from the north edge of the Moclips beach access road (Second Street) to the south boundary of the Quinault Indian reservation.

Motor vehicles are not allowed in this area from April 15 to the day following Labor Day of the same year.

(8) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-060, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-060, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-070 Conditions under which motor vehicles may be used in the exclusive pedestrian/nonmotorized use areas.

Unless specifically accepted in the description of the times during which motor vehicles are not allowed for each exclusive pedestrian/nonmotorized vehicle use area, motor vehicles may be used in the pedestrian/nonmotorized vehicle use areas under the following circumstances:

(1) Motor vehicles may be used in the areas during any recreational razor clam digging seasons designated by the department of fish and wildlife that take place partially or entirely during the period when motor vehicles are otherwise not allowed to use the area.

(2) Motor vehicles may also be used in the areas for designated activities approved by the director or designee.

(3) As provided by RCW 79A.05.660, public vehicles operated in the performance of official duties and vehicles responding to an emergency may use the areas at any time.

(4)(a) Motor vehicles may be used to remove sand from an access road, gap road, or other area provided that all required permits have been obtained and the removal complies with all applicable requirements.

(b) On the Long Beach Peninsula pursuant to RCW 79A.05.655(3), the Pacific County planning department and the city of Long Beach may issue permits for wood debris removal during any period of closure to vehicular traffic, in their respective jurisdictions, if in the opinion of said jurisdiction the amount, size, and location of such wood debris is determined to constitute a hazard to the general public and/or impede the movement of public vehicles on the ocean beach. Said permits shall be valid for twenty-four hours only. Persons seeking permits for removal of wood debris within the seashore conservation area must apply to the director or designee for a wood debris removal permit.

(5)(a) Motor vehicles may be used to remove wood debris under RCW 79A.05.035(5) provided that all required permits have been obtained and the removal complies with all applicable requirements.

(b) On the Long Beach Peninsula in accordance with RCW 79A.05.655(4), the Pacific County planning department and the city of Long Beach may issue permits, on their respective jurisdictions, for the removal of sand on the ocean beach during periods of closure to vehicular traffic. Said sand removal shall occur only on beach access roads and private property under the terms of a covenant, easement, or deed that allows such activity. The local jurisdictions shall exercise good judgment in setting the terms of such sand removal permits. Such terms should prohibit sand removal during weekends, holidays, festivals, and other occasions when and where there is increased use of the ocean beach by the public. The hours of sand removal shall also be specified and shall prohibit this activity from occurring too early or too late in the day in order to minimize disturbance of nearby businesses, residents, and visitors.

(6) In case of an emergency, motor vehicles may be used to maintain and construct erosion control devices, including bulkheads, provided that all required permits have been obtained and the operation of the vehicles and the construction complies with all applicable requirements.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-070, filed 2/1/19, effective 3/4/19
WSR 07-03-121, § 352-37-070, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-070, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-070, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-080 Equestrian traffic.

(1) Equestrian traffic shall be permitted on and along the ocean beaches within the seashore conservation area year round except where prohibited by this rule or other provision of statute or rule.

(2) Equestrian traffic shall be permitted only on that area between the extreme upper and landward limit of the hard sand area and the clam beds.

(3) Equestrian access shall be permitted at the point of intersection of any access road and the beach or any equestrian trail designated by the commission. Upland owners shall also be allowed equestrian access to and from their property, except for commercial purposes.

(4) Within the seashore conservation area, equestrian traffic shall yield the right of way to all pedestrian or vehicular traffic.

(5) Horses shall be ridden at a walk or led through areas of heavy pedestrian concentration.

(6) Equestrian traffic will not be permitted on the Long Beach Peninsula between Bolstad Avenue beach access road and 10th Street beach access road from April 15 to the day following Labor Day of the same year.

(7) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-080, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-080, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-080, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-085 Wind/sand sailer traffic.

(1) Operations of wind/sand sailers is allowed on the ocean beaches within the seashore conservation area only as authorized in this section.

(a) Wind/sand sailers may only be operated in areas specifically designated by the director;

(b) Wind/sand sailers may only be operated on the driveable portion of the ocean beaches;

(d) Wind/sand sailers may only be operated from sunrise to sunset unless, otherwise restricted by the director;

(e) Wind/sand sailers may not be operated on a beach open for razor clam digging per Washington department of fish and wildlife rule for the period beginning three hours before the published low tide and ending three hours after the published low tide;

(f) Wind/sand sailers shall yield the right of way to all pedestrian, equestrian or vehicular traffic and observe all regulations that restrict the operation of wind/sand sailers;

(g) A person shall not operate a wind/sand sailer in a reckless manner including, but not limited to, recklessly weaving through congested pedestrian, equestrian or vehicular traffic, operating unnecessarily close to other users of the beach, or recklessly swerving at the last possible moment to avoid collision;

(h) Notwithstanding the speed limitation set forth in WAC 352-37-130, the director may authorize higher speeds for specific events.

(2) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.610. WSR 15-10-013, § 352-37-085, filed 4/23/15, effective 5/24/15.

Wash. Admin. Code § 352-37-086 Requirements to operate wind/sand sailers.

(1) No person shall operate wind/sand sailers unless the person:

(a) Is sixteen years of age or older; or

(b) Is accompanied by and is under the supervision of a person sixteen years of age or older.

(2) Subject to WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.610. WSR 15-10-013, § 352-37-086, filed 4/23/15, effective 5/24/15.

Wash. Admin. Code § 352-37-090 Pedestrians to be granted right of way.

Vehicular and equestrian traffic shall at all times yield the right of way to pedestrians and nonmotorized vehicles on the ocean beaches. Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-090, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-090, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-090, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-090, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-095 Disturbances.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-095, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-37-100 Parking.

Parking of vehicles shall be permitted only in an area extending one hundred feet westerly from the upper or landward limit of the hard sand area, or driveable beach area (WAC 352-37-020) or where otherwise specifically designated by the commission. Beach parking shall only be allowed in areas open for beach driving. Except as provided in WAC 352-37-220, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-100, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-100, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-100, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-100, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-105 Recreational fires.

On ocean beaches, recreational fires must be at least one hundred feet from the dunes, no more than four feet in diameter and no more than four feet high. No fires are allowed on any shellfish bed. Park rangers may impose additional restrictions on fires for the protection of the health, safety and welfare of the public, park visitors or staff, or for the protection of park resources.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-105, filed 2/1/19, effective 3/4/19
WSR 07-03-121, § 352-37-105, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-105, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 352-37-110 Overnight parking or camping prohibited.

Overnight parking or camping shall be prohibited on any area of the ocean beaches. Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-110, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-110, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-110, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-120 Operator's license required.

No person shall operate any motor vehicle on or along the ocean beaches unless such person has in his or her possession a valid Washington state driver's license issued under the provisions of chapter 46.20 RCW: Provided, That the following persons shall be exempt from the provisions of this section:

(1) Any person in the service of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, or in the service of the National Guard of this state or any other state, when furnished with a driver's license by such service and when operating an official motor vehicle in such service; or

(2) A nonresident who is at least sixteen years of age and who has in his possession a valid driver's license issued to him in his home state; or

(3) A nonresident who is at least sixteen years of age and who has in his possession a valid driver's license issued to him in his home country.

History

Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-120, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-130 Speed limits.

(1) No person shall operate any motor vehicle or wind/sand sailer on or along any ocean beach at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, animal, vehicle or other conveyance on or entering the driveable beach in compliance with legal requirements in the duty of all persons to use due care.

(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the maximum speed limit for operation of motor vehicles or wind/sand sailers on the ocean beaches shall be twenty-five miles per hour.

(3) The driver of every motor vehicle or wind/sand sailer operating on the ocean beaches shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing a beach access road, when approaching one or more parked vehicles, when approaching or traveling past or in the vicinity of a pedestrian or group of pedestrians, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or beach conditions.

(4) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.610. WSR 15-10-013, § 352-37-130, filed 4/23/15, effective 5/24/15. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-130, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-130, filed 9/17/92, effective 10/18/92. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-130, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-140 Certain practices prohibited.

The following practices while operating any motor vehicle on or along the ocean beaches are specifically prohibited:

(1) Fishtailing;

(2) Circling;

(3) Cutting figure eights;

(4) Racing;

(5) Driving in the surf;

(6) The operation of any motor vehicle in such a manner as to constitute a threat to the operator thereof, his or her passengers, pedestrians or equestrians using the beaches, animals or any other vehicle or other property;

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-140, filed 2/1/19, effective 3/4/19
WSR 07-03-121, § 352-37-140, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-140, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-150 Rules of the road incorporated.

Except where otherwise obviously inapplicable to the use and operation of motor vehicles on the ocean beaches chapter 46.61 RCW, constituting the rules of the road, is herewith expressly incorporated herein, and the practices required or prohibited in that chapter are hereby expressly required or prohibited when operating any motor vehicles on and along the ocean beaches.

History

Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-150, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-160 Certain vehicle lighting and equipment standards incorporated.

Except where otherwise obviously inapplicable to the use and operation of motor vehicles on the ocean beaches, chapter 46.37 RCW, constituting vehicle lighting and other equipment, is herewith expressly incorporated herein, and the requirements of that chapter are hereby expressly required when operating any motor vehicles on and along the ocean beaches.

History

Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-160, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-170 Aircraft.

(1) The use of the beach by aircraft is subject to the jurisdiction of the aeronautics commission and all state and federal laws applicable to aircraft and pilots. Except as specified in subsection (2) of this section, airplanes are only allowed to make emergency landings on the ocean beaches. The provision does not apply to official aircraft used in the performance of search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations, or firefighting activities. It also does not apply in cases where the director or designee specifically authorizes such landings or take offs, in writing, associated with the operational or administrative needs of the agency or state.

(2) On the North Beach airplanes may land and take off on the ocean beach in the area commencing at the Copalis River north of the "rocks."

(3) Remote controlled aircraft may be flown from the ocean beach only pursuant to issuance permit by the director or designee. A remote controlled aircraft is flown from an ocean beach when the operator is on the ocean beach while flying the remote controlled aircraft or where the remote controlled aircraft takes off from or lands on the ocean beach.

(a) In granting such a permit, the director or designee may specify time, geographic, and elevation restrictions, and any other restrictions necessary to protect the public, park visitors or staff, or park resources. While operating a remote controlled aircraft the operator must be in possession of a copy of the permit and will produce it upon request by parks staff. Permits granted by the director or designee to fly a remote controlled aircraft may be rescinded at any time for permittee's failure to comply, to protect the public, park visitors or staff, or park resources.

(b) Permit applications must be submitted at least sixty days in advance of the proposed activity to allow for staff review, agency coordination, and to comply with SEPA review requirements. The sixty day application filing requirement may be waived in extenuating circumstances.

(c) The permittee must pay any fees published by state parks for the use of the park lands or facilities. The director or designee will determine the need for any fees necessary to cover costs incurred by the agency, as well as the need for any bond, damage deposit, or liability insurance arising from any potential hazards associated with the character of the event. Any such fees, bond, damage deposit, or liability insurance must be provided prior to the issuance of the permit.

(4) Any violation of this section, including any failure to abide by a conspicuously posted remote controlled aircraft flying restriction or failure to abide by the terms of permission permit to fly remote controlled aircraft, is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-170, filed 2/1/19, effective 3/4/19
WSR 07-03-121, § 352-37-170, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-170, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-190 Excluded/limited recreation activities.

The following forms of public outdoor recreation activities or devices are prohibited on the ocean beaches unless specifically designated therefore or authorized by the director or designee as a special recreation event.

(1) Vehicles not licensed and certificated pursuant to chapters 46.12 and 46.16 RCW.

(2) Parasails.

(3) Hovercraft.

(4) Powered parasail.

(5) Ultra-light aircraft.

(6) Powered hang gliders.

Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.610. WSR 15-10-013, § 352-37-190, filed 4/23/15, effective 5/24/15. Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-190, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-190, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-190, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-200 Special recreation event permit.

(1) Any person desiring to make use of a portion of the ocean beaches for a recreation event that will require the closure of the area to certain conflicting recreational uses, may apply to the director for a special recreation event permit. The director, or designee, may issue such a permit after consultation with the appropriate local government, if the event does not unduly interfere with normal public recreation. Such authorization shall include the closure of the specified area to recreational activities, including motor vehicle traffic, which are determined to have the potential to interfere with the event or which could risk the safety of the recreating public or the special event participants. However, no such authorization may result in the unreasonable exclusion of pedestrian recreationists from the specified portion of the ocean beach; all events authorized under this permit shall be open to public participation and/or observation.

(2) In determining whether to issue the permit, the director or designee will review the proposal for consistency with established approval criteria developed by the agency, which are designed to ensure the appropriateness of the event to the ocean beaches, and the basis for any associated public recreation restrictions. The criteria are available upon request from the agency.

(3) A special recreation event permit shall be issued only for recreational events where there is a reasonable expectation that a minimum of twenty persons will participate. The event must be oriented towards a recreational pursuit. Not more than three permits will be issued to a given applicant for the same event during a one-year period. The recreation activity must be consistent with the seashore conservation area (RCW 79A.05.600 through 79A.05.630), and may include an activity otherwise excluded under this chapter. Special recreation events shall not exceed three days or seventy-two hours.

(4) Persons or organizations that desire to conduct a special recreation event on the ocean beaches shall submit a permit application provided by the director and appropriate fees to the park where the event is proposed to take place.

(5) If the agency determines it is necessary, the applicant must submit a completed environmental checklist along with the application. Upon request, the agency may assist the applicant in completing the environmental checklist and may request compensation in accordance with agency State Environmental Policy Act (SEPA) rules, chapter 352-11 WAC.

(6) Permit applications must be submitted at least sixty days in advance of the proposed activity to allow for staff review, agency coordination, and to comply with SEPA review requirements. The sixty day application filing requirements may be waived in extenuating circumstances.

(a) The permittee must pay any fees published by state parks for the use of park lands or facilities. The director or designee shall determine the need for any fees necessary to cover costs incurred by the agency, as well as the need for any bond, damage deposit, or liability insurance arising from any potential hazards associated with the character of the event. Any such fees, bond, damage deposit, or liability insurance shall be provided prior to the issuance of the permit.

(b) If additional costs are incurred by the commission resulting from the event, the applicant shall reimburse the commission for such costs in a timely manner. If the additional costs are not paid, the director or designee may recover such costs from the bond or damage deposits provided if previously required. Any funds remaining from the bond or damage deposit shall be returned to the applicant.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-200, filed 2/1/19, effective 3/4/19
WSR 07-03-121, § 352-37-200, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. WSR 05-01-068, § 352-37-200, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-37-200, filed 10/30/95, effective 1/1/96. Statutory Authority RCW 43.51.040. WSR 90-07-050, § 352-37-200, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-210 Severability clause.

If any provision of these rules or their application to any person or circumstance is held invalid, the remainder of these rules or their application to other persons or circumstances is not affected.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-210, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 43.51.040. WSR 90-07-050, § 352-37-210, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-37-220 Disrobing.

(1) No person shall disrobe in public in the seashore conservation area.

(2) Clothing sufficient to conform to common standards shall be worn at all times.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-220, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 43.51.040 and 43.51.180(7). WSR 92-19-098, § 352-37-220, filed 9/17/92, effective 10/18/92.

Wash. Admin. Code § 352-37-230 Firearms.

(1) No person shall discharge or propel across, in, or into the seashore conservation area a firearm, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use. Any violation of this section is a gross misdemeanor.

(2) The possession, display, carrying, discharge or use of a firearm is further regulated under chapter 9.41 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-230, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-240 Fireworks.

The possession or discharge of fireworks on or into those areas of the seashore conservation area adjacent to state park areas is prohibited, except where designated by the director or designee; provided however, that the director or designee may issue permits for fireworks displays subject to conditions established by the agency and as provided in chapter 70.77 RCW. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-240, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-250 Damaging or injurious activities.

Engaging in activities in a manner or at a location that subjects people or personal property, park resources, or park facilities in the seashore conservation area to injury or damage is prohibited. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-04-075, § 352-37-250, filed 2/1/19, effective 3/4/19. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-250, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-255 Geocache.

(2) The geocache owner must check the geocache at least every ninety days unless an extension is approved by the park manager, not to exceed one hundred eighty days. Proof of the check will be by email, letter, or personal communication by the owner with the park manager or designee, and the owner's entry in the cache log book indicating the date of inspection.

(3) The geocache may be placed on Washington state parks and recreation commission managed property only by written permission from the commission.

(4) The following items shall not be placed in the geocache: Food items; illegal substances; medications; personal hygiene products; pornographic materials; inappropriate, offensive, or hazardous materials or weapons of any type. Log books are required for each cache and are to be provided by the owner of the cache.

(5) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-255, filed 1/22/07, effective 2/22/07.

Wash. Admin. Code § 352-37-260 Intoxication in the seashore conservation area.

Being or remaining in, or loitering about in the seashore conservation area while in a state of intoxication shall be prohibited. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-260, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-270 Peace and quiet.

To ensure peace and quiet for visitors:

(1) No person shall, at any time, use amplified sound-emitting electronic equipment that emits sound beyond the person's vehicle or immediate area of use which is at a volume that may disturb other users of the seashore conservation area, without specific permission of the park ranger.

(2) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-270, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-280 Pets.

(1) In the seashore conservation area, pets or domestic animals, except for assistance dogs for persons with disabilities, may be prohibited for the protection of wildlife, sensitive natural systems, special cultural areas, or for other purposes, if approved by the director or designee and so posted.

(2) No person shall allow his/her pet or domestic animal to bite or in any way molest or annoy wildlife or visitors to the seashore conservation area. No person shall permit his/her pet or domestic animal to bark or otherwise disturb peace and quiet.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-280, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-290 Rubbish.

(1) No person shall leave, deposit, drop, or scatter bottles, broken glass, ashes (except human crematory ashes), waste paper, cans, or other rubbish, in the seashore conservation area, except in a garbage can or other receptacle designated for such purposes.

(2) No person shall deposit any household or commercial garbage, refuse, waste, or rubbish, which is brought as such from any private property, in any seashore conservation area garbage can or other receptacle designed for such purpose.

(3) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-290, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-300 Sanitation.

No person shall, in the seashore conservation area:

(1) Drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, or vessel, except in designated disposal areas or receptacles.

(2) Urinate or defecate except in designated facilities.

(3) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind, or description, including human or animal bodily waste, any stream, river, lake, or other body of water running in, through, or adjacent to, the seashore conservation area.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-300, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-300, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-310 Solicitation.

Except as may be otherwise allowed in connection with a permit issued under WAC 352-32-165 or 352-32-047, or a cooperative agreement pursuant to RCW 79A.05.070(2), no person shall engage in solicitation, or sell or peddle any services, goods, wares, merchandise, liquids, or edibles for human consumption in the seashore conservation area, except by concession or permit granted by the commission. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-310, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-320 Other weapons.

No person shall display, discharge or propel across, in, or into the seashore conservation area, a bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state park use. Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-320, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-325 Seashore conservation area closures.

(1) The director or designee may, for a specified period or periods of time, close any portion of the seashore conservation area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources.

(2) Subject to WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.610. WSR 15-10-013, § 352-37-325, filed 4/23/15, effective 5/24/15. Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-17-037, § 352-37-325, filed 8/13/13, effective 9/13/13.

Wash. Admin. Code § 352-37-330 Penalties.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 07-03-121, § 352-37-330, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. WSR 05-24-030, § 352-37-330, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 352-37-340 Small-scale beach prospecting and placer mining.

(1) Small-scale beach prospecting and placer mining is allowed year-round in the seashore conservation area, except within fifty feet on either side of designated ocean beach access roads.

(2) The director may close specific areas to beach prospecting or placer mining when deemed necessary for wildlife protection or public safety.

(3) Only mineral prospecting tools approved for use on ocean beaches by the Washington department of fish and wildlife in chapter 220-660 WAC may be used in the seashore conservation area.

(4) All trenches, depressions, or holes created in the beach during mining activities must be back-filled before working another excavation site.

(5) Setting up or using mining equipment or conducting mining activities in a manner and/or location that subjects people, personal property, or park resources to injury or damage or impedes traffic on the driveable portion of the beach is prohibited.

(6) A person may possess or transport up to ten gallons of sand or concentrate per day.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.030, 79A.05.610, and 79A.05.615. WSR 21-10-020, § 352-37-340, filed 4/23/21, effective 5/24/21. Statutory Authority: RCW 79A.05.030, 79A.05.165, and 79A.05.615. WSR 11-19-015, § 352-37-340, filed 9/8/11, effective 10/9/11.

Chapter 352-40 Public records.

Wash. Admin. Code § 352-40-010 What is the purpose of this chapter?

WAC 352-40-010

The purpose of this chapter is to set forth the procedures by which the Washington state parks and recreation commission (commission) will respond to public records requests made under the Public Records Act, chapter 42.56 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-010, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-010, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-010, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-010, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-010, filed 7/25/73.

Wash. Admin. Code § 352-40-030 When and where can I access the commission's public records?

WAC 352-40-030

Most public records of the commission are located at agency headquarters in Lacey, Washington. Appropriate parks staff will determine where physical records can be inspected. Requests for such inspections can be made by contacting the agency's public records officer.

Mailing address:

P.O. Box 42650

Olympia, WA 98504-2650

Physical address:

300 Desmond Drive S.E.

Lacey, WA 98503

Email: public.disclosure@parks.wa.gov

Phone: 360-902-8514

The communications office is available to assist with media inquiries and general public information requests.

Email: media@parks.wa.gov

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-030, filed 6/24/26, effective 7/25/26
WSR 23-22-080, § 352-40-030, filed 10/27/23, effective 11/27/23
WSR 19-15-137, § 352-40-030, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-030, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-030, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 42.17.250. WSR 83-23-095 (Order 72), § 352-40-030, filed 11/22/83
Order 15, § 352-40-030, filed 7/25/73.

Wash. Admin. Code § 352-40-040 How is the commission organized and how is it operated?

WAC 352-40-040

The commission is a Washington state agency managing the Washington state park system that includes over 120 developed parks, recreation programs, trails, boating safety, and winter recreation.

(1) The agency is governed by a commission consisting of seven citizens of the state, appointed by the governor.

(2) The director is appointed by the commission and the director is executive head of the agency.

(3) An executive cabinet reports to the director. Cabinet members manage various divisions within the agency including: Operations; parks development; stewardship; business support services; legislative, external, and tribal relations; and workforce, technology, and equity.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-040, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-040, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-040, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-040, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-040, filed 7/25/73.

Wash. Admin. Code § 352-40-060 Who do I contact to request the commission's public records?

WAC 352-40-060

The agency public records officer, located at headquarters, is responsible for:

(1) Receiving and reviewing requests for public records.

(2) Coordinating agency records management to ensure protection of, and prompt access to, public records.

(3) Implementing and ensuring compliance by the commissioners and staff with the public records disclosure requirements of chapter 42.56 RCW.

Mailing address:

P.O. Box 42650

Olympia, WA 98504-2650

Physical address:

300 Desmond Drive S.E.

Lacey, WA 98503

Email: public.disclosure@parks.wa.gov

Phone: 360-902-8514

(4) Contact information and general information regarding public records requests, a current fee schedule, and access to our public records form is available on our website (https://parks.wa.gov).

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-060, filed 6/24/26, effective 7/25/26
WSR 23-22-080, § 352-40-060, filed 10/27/23, effective 11/27/23
WSR 19-15-137, § 352-40-060, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-060, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-060, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-060, filed 7/25/73.

Wash. Admin. Code § 352-40-070 When can I inspect public records?

Public records are available for inspection by appointment only during regular business hours, Monday through Friday, excluding legal holidays.

Agency facilities shall be made available to any person for the inspection of public records except when and to the extent that this would unreasonably disrupt the operations of the agency.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-15-137, § 352-40-070, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-070, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-070, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 42.17.250. WSR 83-23-095 (Order 72), § 352-40-070, filed 11/22/83
Order 15, § 352-40-070, filed 7/25/73.

Wash. Admin. Code § 352-40-080 How do I request copies of the commission's public records?

WAC 352-40-080

While not required, using the agency's request for public record form provides the information we need to assist you and provides you with our copy and mailing fees.

(1) The information that we will need is:

(a) The name, address, phone number, and email address (if available) of the person requesting the record;

(b) The date on which the request is made;

(d) A statement that the information will not be used for commercial purposes.

(2) A request can also be made using the public record request center on our website (https://parks.wa.gov).

(3) Oral requests will be reduced to writing and provided to the requestor to memorialize the records being requested.

(4) The agency does not distinguish among persons requesting records under the Public Records Act and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(9) or other statute that exempts or prohibits disclosure of specific information or records to certain persons.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-080, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-080, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-080, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-080, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-080, filed 7/25/73.

Wash. Admin. Code § 352-40-090 Will I have to pay to inspect or get copies of the commission's public records?

WAC 352-40-090

The agency does not charge a fee for the inspection of public records.

The agency will charge an amount necessary to recover its costs for producing and mailing copies of records, as provided for by RCW 42.56.120.

Our fee schedule can be found on the request for public record form and on our website (https://parks.wa.gov). Payment is required prior to receiving copies of records.

Charges totaling less than five dollars may be waived.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-090, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-090, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-090, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-090, filed 5/19/03, effective 6/19/03. Statutory Authority: Chapter 43.51 RCW. WSR 92-10-019, § 352-40-090, filed 4/29/92, effective 5/30/92
Order 15, § 352-40-090, filed 7/25/73.

Wash. Admin. Code § 352-40-100 Can my request be denied?

(1) A request can be denied if it is for records that are exempt from disclosure under the provisions of the Public Records Act, chapter 42.56 RCW, or other statute including RCW 79A.60.210 and 79A.60.220.

(2) Whenever possible, the agency will make requested records available after exempt information has been redacted.

(3) Under the provisions of RCW 42.56.070(8), public records requests will also be denied if the purpose of the request is to sell or use the information for commercial purposes.

If a request is denied, or if a record is withheld entirely or redacted, the agency will specify in writing the reason for the denial, withholding, or redaction, including identification of the specific exemption authorizing the withholding or redaction of the record and a brief explanation of how the exemption applies to the record withheld or redacted.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 19-15-137, § 352-40-100, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-100, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-100, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-100, filed 7/25/73.

Wash. Admin. Code § 352-40-110 What can I do if I object to the commission's denial to inspect or receive a copy of a public record?

WAC 352-40-110

After the agency takes final action to deny all or a portion of a public records request, a requester can:

(1) Request an internal administrative review of the denial for access.

(a) Provide the public records officer with your written request for a review of the decision. Include a copy of the denial or refer specifically to the denial statement in your petition.

(b) The public records officer will promptly provide the petition and any other relevant information to the director or designee to conduct a review.

(c) The director or designee will consider the matter and, within two business days of receiving the petition, or within such time as the agency and the requestor mutually agree, either affirm or reverse the denial. If the director or designee has not responded to the requestor by the end of the two business days following denial of access, then the request is deemed denied.

(2) Ask the attorney general's office to review the matter. Pursuant to RCW 42.56.530, the attorney general's office will provide a written opinion on whether the record is exempt.

(3) Initiate an action in the superior court.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-110, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-110, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-110, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-110, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-110, filed 7/25/73.

Wash. Admin. Code § 352-40-120 What rules must be followed when inspecting the commission's public records?

WAC 352-40-120

(1) The following rules have been put in place to help the agency protect the public records under its care:

(a) You may not remove any public record from the agency premises.

(b) The agency may require that a designated employee be present while inspecting public records.

(d) You may not dismantle public records that are maintained in a file or jacket or in chronological or other filing order.

(2) Access to file cabinets, shelves, vaults, or other storage areas is restricted to agency personnel unless other arrangements are made with the public records officer or designee.

(3) The agency follows rules established under RCW 40.14.060 regarding destruction of public records. The destruction of records responsive to a public records request will be delayed until the request is resolved.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-120, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-120, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-120, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-120, filed 5/19/03, effective 6/19/03
Order 15, § 352-40-120, filed 7/25/73.

Wash. Admin. Code § 352-40-130 How are the commission's records indexed?

WAC 352-40-130

Records retention schedules established and maintained under the directives of RCW 40.14.060 serve as an index for the agency's records.

The agency has a functional indexing system for commission policy and the agency's internal administrative policies and procedures.

Commission meetings minutes and agenda items are indexed by year and month and are available on our website (https://parks.wa.gov).

History

Statutory Authority: Chapter 79A.05 RCW. WSR 26-14-038, s 352-40-130, filed 6/24/26, effective 7/25/26
WSR 19-15-137, § 352-40-130, filed 7/23/19, effective 8/23/19. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, chapter 42.56 RCW, RCW 42.56.040 and 42.56.070. WSR 08-24-005, § 352-40-130, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and chapter 42.17 RCW. WSR 03-11-068, § 352-40-130, filed 5/19/03, effective 6/19/03. Statutory Authority: RCW 43.51.040. WSR 90-20-032, § 352-40-130, filed 9/25/90, effective 10/26/90
Order 15, § 352-40-130, filed 7/25/73.

Wash. Admin. Code § 352-40-135 Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.

(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state parks and recreation commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.

(2) The Washington state parks and recreation commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.

History

Statutory Authority: 2017 c 304, RCW 42.56.120 and chapter 79A.05 RCW. WSR 17-23-139, § 352-40-135, filed 11/20/17, effective 12/21/17.

Chapter 352-44 Recreational conveyances—Certification—Inspections—Operator qualifications—Violations, etc.

Wash. Admin. Code § 352-44-010 Recreational conveyances—Definitions.

Whenever used in this chapter, the following terms shall have the meanings herein defined unless the context clearly indicates otherwise:

(1) "Commission" shall mean the Washington state parks and recreation commission.

(2) "Director" shall mean the director of the Washington state parks and recreation commission or his designee.

(3) "Certificate" shall mean either the certificate to operate or the conditional certificate to operate.

(4) "Qualified engineer" shall mean an engineer meeting the requirements of the state of Washington Professional Engineers Registration Act (chapter 18.43 RCW).

(5) "Lift signing" shall mean all signs required to meet applicable codes as determined in WAC 352-44-060.

History

Statutory Authority: RCW 43.51.040. WSR 91-19-068, § 352-44-010, filed 9/16/91, effective 10/17/91
Order 20, § 352-44-010, filed 7/31/74.

Wash. Admin. Code § 352-44-020 Recreational conveyances—Certification.

Each conveyance for persons generally engaging in winter sports recreational activities, as described in RCW 79A.40.010, shall have a current seasonal certificate to operate on a form approved and provided by the commission. Said certificate covers either winter or summer. Additional inspections may be made as deemed necessary by the director. No conveyance shall be operated for use by the public unless a valid current certificate has been issued by the director. The certificate shall be:

(1) Signed by the director.

(2) Posted in a conspicuous location at the main loading terminal during periods of operation for public use.

(3) Adequately protected from the elements.

History

Statutory Authority: Chapter 79A.40 RCW. WSR 14-20-044, § 352-44-020, filed 9/24/14, effective 10/25/14
Order 20, § 352-44-020, filed 7/31/74.

Wash. Admin. Code § 352-44-030 Recreational conveyances—Conditional certificate.

The director may, if deemed necessary, issue a conditional certificate to operate for a specified period of time. Operation during the period that the conditional certificate is in effect shall be in strict compliance with the conditions stated in the conditional certificate. The conditional certificate shall be:

(1) Signed by the director.

(2) Posted in a conspicuous location at the main loading terminal during periods of operation for public use.

(3) Adequately protected from the elements.

History

Order 20, § 352-44-030, filed 7/31/74.

Wash. Admin. Code § 352-44-040 Recreational conveyances—Access to certificate.

The director shall have access to the certificate at all times and the authority to revoke the certificate at any time that he determines the conveyance is not safe for public use.

History

Order 20, § 352-44-040, filed 7/31/74.

Wash. Admin. Code § 352-44-060 Recreational conveyances—Standards.

The current American National Standard for Passenger Ropeways (ANSI B77.1) shall apply to the design, inspection, signing, and operation of all conveyances as interpreted by the director unless a request for waiver is submitted by the operator and a waiver is granted by the director. The current American National Standard for Passenger Ropeways (ANSI B77.1) will have an effective date one year after the standard is approved by the American National Standards Institute.

History

Statutory Authority: Chapter 79A.40 RCW. WSR 18-16-046, § 352-44-060, filed 7/25/18, effective 8/25/18. Statutory Authority: RCW 43.51.040. WSR 91-19-068, § 352-44-060, filed 9/16/91, effective 10/17/91
Order 20, § 352-44-060, filed 7/31/74.

Wash. Admin. Code § 352-44-070 Recreational conveyances—Construction of new conveyances.

All new conveyances which are to be constructed after the effective date of these regulations shall:

(1) Require approval of the director prior to commencement of construction.

(2) Be designed by a qualified engineer.

(3) Be certified by a qualified engineer that the conveyance has been installed in accordance with the plans and specifications.

(4) Be subjected to an acceptance test and inspection as specified in the current American National Standards Safety Requirements for Aerial Passenger Tramways before certification by the director. The director shall be given a minimum of seven days notice of the schedule for the final load test.

History

Statutory Authority: RCW 43.51.040. WSR 91-19-068, § 352-44-070, filed 9/16/91, effective 10/17/91
Order 20, § 352-44-070, filed 7/31/74.

Wash. Admin. Code § 352-44-090 Recreational conveyances—Operators and operator qualifications.

The director may require minimum operator qualifications, ski lift signing standards, and operational procedures to assure a reasonable degree of safety to the using public. The director shall adopt standards and the operation of all conveyances shall be in full compliance with said approved standards.

History

Statutory Authority: RCW 43.51.040. WSR 91-19-068, § 352-44-090, filed 9/16/91, effective 10/17/91
Order 20, § 352-44-090, filed 7/31/74.

Wash. Admin. Code § 352-44-100 Recreational conveyances—Notice of malfunctions.

Operators shall be required to notify the commission of incidents or malfunctions which occur, wherein public safety either has been or could have been in jeopardy on forms and according to instructions provided by the commission.

History

Order 20, § 352-44-100, filed 7/31/74.

Wash. Admin. Code § 352-44-110 Recreational conveyances—Nonliability of the state and personnel.

Inspections, rules and orders of the commission resulting from the exercise of any provision of this chapter shall not in any manner be deemed to impose liability upon the state of Washington and its personnel for any injury or damage resulting from the operation of the facilities regulated, and all actions of the commission and its personnel shall be deemed to be an exercise of the police power of the state.

History

Order 20, § 352-44-110, filed 7/31/74.

Wash. Admin. Code § 352-44-120 Recreational conveyances—Violation constitutes a misdemeanor.

In accordance with the provisions of RCW 70.88.040 the violation of any provision of this chapter shall constitute a misdemeanor and shall be punished as such.

History

Order 20, § 352-44-120, filed 7/31/74.

Wash. Admin. Code § 352-44-130 Fees, inspection and plan review.

To cover the costs of implementing the commission's responsibilities under chapters 79A.40 and 79A.45 RCW and as outlined in this chapter, the commission has adopted the following schedule of fees. The owner or operator of the ski area equipment shall pay the commission the following costs and fees:

(1) The actual costs incurred by the commission to retain an inspector to inspect, review plans, and file a report on recreational devices connected with the recreational conveyance operation; and

(2) An administrative fee, not to exceed twenty-eight percent of the actual costs incurred by the commission in subsection (1) of this section, to defray the commission's administrative costs associated with this program.

The director shall invoice the owner/operator for the costs incurred, which invoice shall be paid within thirty days of receipt. The director shall have the ability, at his/her sole discretion, to lower or waive an administrative fee if the director deems it appropriate.

History

Statutory Authority: Chapter 79A.40 RCW. WSR 14-20-044, § 352-44-130, filed 9/24/14, effective 10/25/14.

Chapter 352-48 Snowmobile account grants and contracts.

Wash. Admin. Code § 352-48-010 Purpose.

This chapter is promulgated in order to establish procedures by which the Washington state parks and recreation commission will administer grants and contracts supported by snowmobile account funds in accordance with chapter 46.10 RCW.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-010, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-010, filed 8/27/80.

Wash. Admin. Code § 352-48-020 Definitions.

(1) "Snowmobile" means any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to the motor vehicle excise tax in the state of Washington.

(2) "Snowmobile use area" means an area described by boundary and acreage in which snowmobile use is authorized.

(3) "Snowmobile trail" means a corridor described by location and length which is designated for snowmobile travel.

(4) "Snowmobile funds" means the funds deposited in the snowmobile account which are administered by the Washington state parks and recreation commission pursuant to this chapter and chapter 46.10 RCW.

(5) "Commission" means the Washington state parks and recreation commission.

(6) "Director" means the director of the Washington state parks and recreation commission.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-020, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-020, filed 8/27/80.

Wash. Admin. Code § 352-48-030 Snowmobile programs.

Snowmobile funds may be disbursed by the commission for snowmobile purposes which may include, but not be limited to, the administration, acquisition, development, operation, and maintenance of snowmobile facilities, such as snowmobile trails, snowmobile use areas, parking areas, sanitary facilities, and equipment and the development and implementation of snowmobile safety, enforcement, and education programs.

All snowmobile facilities which receive snowmobile funds must be open to the general public and meet all legally enforceable safety requirements.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-030, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-030, filed 8/27/80.

Wash. Admin. Code § 352-48-040 Eligibility.

Any public agency is eligible to receive from the commission grants of snowmobile funds to support up to one hundred percent of the cost of snowmobile programs.

Any public or private agency or person is eligible to enter into contracts with the commission to receive snowmobile funds to support up to one hundred percent of the cost of snowmobile programs.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-040, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-040, filed 8/27/80.

Wash. Admin. Code § 352-48-050 Application process.

In order to be considered by the commission for the receipt of snowmobile funds, a public or private agency or person must:

(1) Complete an application on a form prescribed by the commission and file the application with the commission postmarked by June 1st prior to the beginning of the first snow season for which funds are requested.

(2) Obtain permission to conduct a program from all owners of the land on which a program is to occur and file documentation of such permission with the commission at the time of application for funds.

(3) Agree to:

(a) File with the commission an annual report on a program for which funds are received by May 15th after the end of each snow season for which funds are received;

(b) Return, or replace in kind, to the commission any losses to a program for which funds are received, if due to the action of a recipient of funds, a program is not completed in a timely manner or canceled; and

(c) Execute a contract with the commission on a program for which funds are received and fulfill all obligations of the contract.

(4) Certify to the commission that any facility for which funds are received will be open to the general public.

(5) Comply with all applicable local, state, and federal laws.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-24-019, § 352-48-050, filed 11/29/16, effective 12/30/16. Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-050, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-050, filed 8/27/80.

Wash. Admin. Code § 352-48-060 Funding priorities.

The priorities for the distribution of snowmobile funds by the commission shall be:

(1) Administration of a statewide snowmobile program which includes safety, education, and information programs;

(2) Operation and maintenance of major trailgrooming equipment;

(3) Operation and maintenance of snowmobile trails, use areas, parking areas, and other facilities which include an emergency reserve and an enforcement program;

(4) Replacement of equipment which supports snowmobile programs;

(5) Acquisition and development of new snowmobile facilities and equipment; and

(6) Support of special snowmobile programs.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-060, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-060, filed 8/27/80.

Wash. Admin. Code § 352-48-070 Disbursement of funds.

Applicants for snowmobile funds whose requests are approved by the commission may receive funds (1) on a reimbursement basis after a billing which indicates satisfactory compliance with a contract has been filed with the commission or (2) through an advance payment upon a written request to and approval by the director.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-070, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-070, filed 8/27/80.

Wash. Admin. Code § 352-48-080 Accountability.

Recipients of snowmobile funds shall maintain accurate accounting records on the expenditure of the funds, provide the commission with these records upon request, and permit the commission to audit the use of the funds in accordance with generally accepted audit practices and standards.

History

Statutory Authority: RCW 46.10.210. WSR 83-13-087 (Resolution No. 68), § 352-48-080, filed 6/17/83. Statutory Authority: RCW 46.10.080. WSR 80-12-022 (Order 46), § 352-48-080, filed 8/27/80.

Chapter 352-52 Hostels.

Wash. Admin. Code § 352-52-010 Purpose.

This chapter is promulgated to carry out the commission's duties and responsibilities as contained in RCW 43.51.375.

History

Statutory Authority: RCW 43.51.375 and 43.51.060(1). WSR 81-19-114 (Order 54), § 352-52-010, filed 9/23/81.

Wash. Admin. Code § 352-52-020 Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated.

(1) "Hostel" means a simple basic structure which serves as a safe, low-cost overnight accommodation for mobile people of all ages from this country and abroad.

(2) "Director" means the director of the Washington state parks and recreation commission.

(3) "Commission" means the Washington state parks and recreation commission.

History

Statutory Authority: RCW 43.51.375 and 43.51.060(1). WSR 81-19-114 (Order 54), § 352-52-020, filed 9/23/81.

Wash. Admin. Code § 352-52-030 Grants or moneys for support of hostels.

The commission will accept grants or moneys from any federal or private source for support of hostels. The commission, at its discretion, will apportion and transfer any such moneys to public agencies which have contracted for the operation of a hostel or hostels, or to political subdivisions which operate hostels. Application for such moneys shall be made on a form provided by the director, which may be obtained upon request by writing in care of the Director, Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, Olympia, Washington 98504: Provided, That no contracting agency or political subdivision will be eligible to receive any such moneys in support of hostels unless their hostels are operated in accordance with WAC 352-52-040.

History

Statutory Authority: RCW 43.51.375 and 43.51.060(1). WSR 81-19-114 (Order 54), § 352-52-030, filed 9/23/81.

Wash. Admin. Code § 352-52-040 Operation of hostels.

Hostels shall be operated in substantial compliance with the operating standards and customs established by American Youth Hostels, Inc. (AYH), as reflected in the AYH Hostel Operations Manual, January 1977 revision. Copies of the manual are available upon request by writing in care of the director, whose address is given in WAC 352-52-030. There will be a charge for copying the manual according to the fees established in WAC 352-40-090 for copying public records.

History

Statutory Authority: RCW 43.51.375 and 43.51.060(1). WSR 81-19-114 (Order 54), § 352-52-040, filed 9/23/81.

Chapter 352-56 Winter recreational program account grants and contracts.

Wash. Admin. Code § 352-56-010 Purpose.

This chapter is promulgated in order to establish procedures by which the Washington state parks and recreation commission will administer grants and contracts supported by winter recreational program funds in accordance with chapter 79A.05 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 17-23-118, § 352-56-010, filed 11/17/17, effective 12/18/17. Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-010, filed 6/17/83.

Wash. Admin. Code § 352-56-020 Definitions.

(1) "Commission" means the Washington state parks and recreation commission.

(2) "Director" means the director of the Washington state parks and recreation commission.

(3) "Trail" means a corridor described by location and length which is designated for nonsnowmobile winter recreational activities.

(4) "Use area" means an area described by boundary and acreage in which nonsnowmobile winter recreational activities are authorized.

(5) "Winter recreational" means nonsnowmobile winter recreational activities, facilities, or programs.

(6) "Winter recreational program funds" means the funds deposited in the winter recreational program account which are administered by the Washington state parks and recreation commission pursuant to this chapter and chapter 79A.05 RCW.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 17-23-118, § 352-56-020, filed 11/17/17, effective 12/18/17. Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-020, filed 6/17/83.

Wash. Admin. Code § 352-56-030 Winter recreational programs.

Winter recreational program funds may be disbursed by the commission for purposes which may include, but not be limited to, the administration, acquisition, development, operation, planning, and maintenance of winter recreational facilities, such as parking areas, sanitary facilities, trails, use areas, and equipment, and the development and implementation of winter recreational safety, enforcement, and education, and information programs.

All winter recreational facilities which receive winter recreational program funds must be open to the general public and meet all legally enforceable safety requirements.

History

Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-030, filed 6/17/83.

Wash. Admin. Code § 352-56-040 Eligibility.

Any public agency in the state of Washington is eligible to receive from the commission grants of winter recreational program funds to support up to one hundred percent of the cost of winter recreational programs.

Any public or private agency or person in the state of Washington is eligible to enter into contracts with the commission to receive winter recreational program funds to support up to one hundred percent of the cost of winter recreational programs.

History

Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-040, filed 6/17/83.

Wash. Admin. Code § 352-56-050 Application process.

In order to be considered by the commission for the receipt of winter recreational program funds, a public or private agency or person must:

(3) Agree to:

(a) File with the commission an annual report on a program for which funds are received by May 15th after the end of each snow season for which funds are received;

(c) Execute a contract with the commission on a program for which funds are received and fulfill all obligations of the contract.

(4) Certify to the commission that any facility for which funds are received will be open to the general public.

(5) Comply with all applicable local, state, and federal laws.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 16-24-019, § 352-56-050, filed 11/29/16, effective 12/30/16. Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-050, filed 6/17/83.

Wash. Admin. Code § 352-56-060 Funding priorities.

The priorities for the distribution of winter recreational program funds by the commission shall be:

(1) Administration of a statewide winter recreational program which includes safety, education, and information programs;

(2) Operation and maintenance of winter recreational parking areas designated by the commission;

(3) Operation and maintenance of winter recreational use areas, trails, and other facilities which include an emergency reserve fund and an enforcement program;

(4) Acquisition and replacement of equipment to support winter recreational programs;

(5) Acquisition and development of new winter recreational facilities and equipment, trail maintenance, and services; and

(6) Support of special winter recreational programs such as, but not limited to, increased law enforcement, safety education, and expanded signing.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 17-23-118, § 352-56-060, filed 11/17/17, effective 12/18/17. Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-060, filed 6/17/83.

Wash. Admin. Code § 352-56-070 Disbursement of funds.

Applicants for winter recreational program funds, whose requests are approved by the commission, may receive funds:

(1) On a reimbursement basis after a billing which indicates satisfactory compliance with a contract has been filed with the commission; or

(2) Through an advance payment upon a written request to and approval by the director.

History

Statutory Authority: Chapter 79A.05 RCW. WSR 17-23-118, § 352-56-070, filed 11/17/17, effective 12/18/17. Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-070, filed 6/17/83.

Wash. Admin. Code § 352-56-080 Accountability.

Recipients of winter recreational program funds shall maintain accurate accounting records on the expenditure of the funds, provide the commission with these records upon request, and permit the commission to audit the use of the funds in accordance with generally accepted audit practices and standards.

History

Statutory Authority: RCW 43.51.330. WSR 83-13-033 (Resolution No. 69), § 352-56-080, filed 6/17/83.

Chapter 352-60 Recreational vessel equipment and operation.

Wash. Admin. Code § 352-60-010 Purpose.

This chapter is promulgated in order to establish standards for boating safety equipment and related activities in recreational boating in accordance with RCW 43.51.400.

Application. These requirements apply to all recreational vessels used on waters of the state of Washington.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-010, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-010, filed 5/18/84.

Wash. Admin. Code § 352-60-020 Definitions.

"Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.

"Coastal waters" means those waters (i.e., bays, sounds, harbors, rivers, inlets, etc.) directly connected to the territorial seas of the state of Washington where any entrance exceeds two nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to two miles, as shown on the current edition of the appropriate National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.

"International waters" means the high seas within the territorial limits of Washington state seaward of the demarcation lines dividing the high seas from the harbors, rivers, bays, sounds, and other inland waters, as established in Chapter 33, Code of Federal Regulations, Part 80, and are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Chapter 33, Code of Federal Regulations, Part 81-72, Appendix A.

"Inland waters" means the waters within the territorial limits of Washington state shoreward of the demarcation lines dividing the high seas from harbors, rivers, bays, sounds, and other inland waters, as established in Chapter 33, Code of Federal Regulations, Part 80, which are not governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A.

"Length" means a straight line measurement of the overall distance from the foremost point of a vessel to the aftermost part of a vessel, measured parallel to the centerline not including bow sprits, bumpkins, boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments.

"Observer" means an individual riding in a vessel who is responsible for observing a water skier at all times.

"Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

"Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

"Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

"Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

"Personal flotation device" means a wearable Type I off-shore life jacket, Type II wearable near-shore buoyant vest, Type III wearable flotation aid, Type IV throwable ring buoy or buoyant cushion, or Type V special use device or hybrid inflatable device, that is approved by the United States Coast Guard Commandant under Chapter 46, Code of Federal Regulations, Part 160.

"PFD" means a personal flotation device.

"Power-driven vessel" means any vessel propelled by machinery.

"Sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

"Racing shell, rowing scull, and racing kayak" means any manually propelled boat that is recognized by a national or international racing association for use in competitive racing, in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and which is not designed to carry and does not carry any equipment not solely for competitive racing.

"Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

"Use" means to operate, navigate, moor or employ.

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

"Vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability.

"Vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these requirements and is therefore unable to keep out of the way of another vessel.

"Vessel restricted in her ability to maneuver" means a vessel which from the nature of her work is restricted in her ability to maneuver as required by these requirements and is therefore unable to keep out of the way of another vessel. Vessels restricted in their ability to maneuver include, but are not limited to:

• A vessel engaged in laying, servicing or picking up a navigation mark, submarine cable, or pipeline;

• A vessel engaged in dredging, surveying, or underwater operations;

• A vessel engaged in replenishment or transferring persons, provisions, or cargo while underway;

• A vessel engaged in the launching or recovery of aircraft;

• A vessel engaged in mineclearance operations; and

• A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

"Visual distress signal" means any signalling device approved by the United States Coast Guard for use on recreational vessels.

"Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

"Waters of the state" means any waters within the territorial limits of Washington state.

"Whistle" means any sound signaling appliance capable of producing the prescribed blasts and which complies with specifications found in Title 33, Code of Federal Regulations, Part 81, Appendix A.

"Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 88.12.265 or as designated by the commission in WAC 352-60-140(2).

"Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.

History

Statutory Authority: RCW 88.12.279 and 43.51.400. WSR 98-07-022, § 352-60-020, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-020, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-020, filed 5/18/84.

Wash. Admin. Code § 352-60-030 Personal flotation devices required.

No person shall operate or permit the operation of a vessel on the waters of the state unless the vessel has on board United States Coast Guard approved personal flotation devices as follows:

(1) Vessels less than sixteen feet (4.9 meters) in length, and canoes and kayaks of any length, must have one Type I, II, or III PFD, or one wearable with a buoyancy of 50, 70, 100, 150, or 275 newtons and is of the proper size for each person on board.

(2) Vessels sixteen feet (4.9 meters) or more in length, except a canoe or kayak, must have one Type I, II, or III wearable PFD, or a wearable PFD with a buoyancy of 50, 70, 100, 150, or 275 newtons of the proper size for each person on board and, in addition, one Type IV, or a throwable PFD.

(3) Alternate PFD requirement. A United States Coast Guard approved Type V PFD may be carried in lieu of any required PFD under this section if it is approved for the activity in which the vessel is engaged in and used in compliance with requirements on the approval label.

(4) Stowage and condition.

(a) All personal flotation devices required by this section shall be readily accessible to all persons on board and be in good and serviceable condition. All Type IV or throwable personal flotation devices must be immediately available.

(b) All devices shall be approved by the United States Coast Guard and marked in compliance with Coast Guard standards.

(i) Metal or plastic hardware used to secure the PFD on the wearer that is broken, deformed, or weakened by corrosion;

(ii) Webbing and straps used to secure the PFD on the wearer that are ripped, torn, or which have become separated from the attachment point on the PFD; or

(iii) Any rotted or deteriorated structural component that fails when tugged.

(d) In addition to meeting the requirements of this section, no inherently buoyant PFD, including the inherently buoyant components of a hybrid inflatable PFD, may exhibit:

(i) Rips, tears, or open seams in the fabric or coating that are large enough to allow the loss of buoyant material;

(ii) Buoyant material that has become hardened, nonresilient, permanently compressed, waterlogged, oil-soaked, or which shows evidence of fungus or mildew; or

(iii) Loss of buoyant material or buoyant material that is not held in place.

(e) Except as provided in this section, a properly armed inflation mechanism, complete with a full inflation medium cartridge and all status indicators showing that the inflation mechanism is properly armed, must also have:

(i) Inflatable chambers that are all capable of holding air;

(ii) Oral inflation tubes that are not blocked, detached, or broken;

(iii) A manual inflation lanyard or lever that is not inaccessible, broken, or missing; and

(iv) Inflator status indicators that are not broken or otherwise nonfunctional.

(f) All devices shall be approved by the United States Coast Guard or Underwriters Laboratory and marked in compliance with United States Coast Guard Standards.

(5) Exemptions. Racing shells, rowing sculls and racing kayaks are exempt from the requirements of this section provided they are manually propelled, recognized by a national or international racing association and designed solely for competitive racing.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-60-030, filed 9/22/21, effective 10/23/21. Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-030, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-030, filed 5/18/84.

Wash. Admin. Code § 352-60-040 Visual distress signals.

(1) Application. The requirements for this section apply to coastal waters.

(2) No person shall operate or permit the operation of a vessel unless visual distress signals are carried on board under the following conditions:

(a) For vessels sixteen feet (4.9 meters) or more in length, devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use must be carried on board.

(b) For vessels less than sixteen feet (4.9 meters) in length, visual distress signals for night use must be carried on board when operating between sunset and sunrise.

(3) Visual distress signals accepted. Any of the following signals as specified in Title 46, Code of Federal Regulations, Part 160, when carried in the number required, can be used to meet the requirements of this section:

(a) An electric distress light meeting the standards of Chapter 46, Code of Federal Regulations, Part 161.013. One is required to meet the night only requirement.

(b) An orange flag meeting the standards of Chapter 46, Code of Federal Regulations, Part 160.072. One is required to meet the day only requirement.

| Distress Signal Description | USCG Approval Number | Use | Number Required | | --- | --- | --- | --- | | Hand-Held Red Flare Signals | 160.021 | Day and Night | 3 | | Floating Orange Smoke Signals | 160.022 | Day Only | 3 | | Parachute Red Flare Signals | 160.024 | Day and Night | 3 | | Hand-Held Rocket Propelled Parachute Red Flare Signals | 160.036 | Day and Night | 3 | | Hand-Held Orange Smoke Signals | 160.037 | Day Only | 3 | | Floating Orange Smoke Signals | 160.057 | Day Only | 3 | | Red Aerial Pyrotechnic Flares | 160.066 | Day and Night | 3 |

(4) Marking and stowage. Visual distress signals required by this section must be legibly marked with the United States Coast Guard approval number and must be readily accessible.

(5) Condition and expiration date. Visual distress signals required by this section must be in serviceable condition, and if marked with an expiration date, shall not be expired.

(6) Launchers. Any vessel that carries a visual distress signal required by this section where a launcher is necessary to activate the signal, must also have on board a launcher approved by the United States Coast Guard.

(7) Prohibited use. No person in a vessel shall display a visual distress signal on the waters of Washington state under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.

(8) Exceptions. The following vessels, when operating between sunset and sunrise, must carry visual distress signals that meet the requirements of this section and are suitable for night use:

(a) A vessel competing in any organized marine parade, regatta, race or similar authorized event;

(b) A vessel being manually propelled; or

(c) A sailing vessel of completely open construction, less than twenty-six feet (7.9 meters) in length, and not equipped with propulsion machinery.

(9) Any combination of signal devices selected from the types noted in subsection (3)(a), (b) and (c) of this section, when carried in the number required, may be used to meet both day and night requirements. Examples - the combination of two hand-held red flares (160.021), and one parachute red flare (160.024 or 160.036) meets both day and night requirements. Three hand-held orange smoke (160.037) with one electric distress light (161.013) meet both day and night requirements.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-040, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-040, filed 5/18/84.

Wash. Admin. Code § 352-60-050 Ventilation.

(1) No person shall operate or permit to be operated any vessel having on board a gasoline engine used for any purpose, unless it shall be provided with proper ventilation.

(2) Compartments with gasoline engines. Each compartment in a vessel that has a permanently installed gasoline engine with a cranking motor must be open to the atmosphere, or be ventilated by a natural ventilation system and a mechanical exhaust blower system as required by the Federal Boat Safety Act of 1971, as amended, and applicable federal regulations.

(3) Natural ventilation system. A natural ventilation system must be approved for use by the United States Coast Guard and include a supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere, and an exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere. Each exhaust opening or duct must originate in the lower third of the compartment; and each supply opening or duct and each exhaust opening or duct in a compartment must be above the normal accumulation of bilge water.

(4) Exhaust blowers. Each vessel that is required to have an exhaust blower must have a label that is located as close as practicable to each ignition switch, is in plain view of the operator, and has at least the following information: "WARNING - GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE OPERATE BLOWER FOR FOUR (4) MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS."

(5) In lieu of the ventilation and warning label required in this section, a vessel may be provided with any type of ventilating system as required by the Federal Boat Safety Act of 1971, as amended, and applicable federal regulations.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-050, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-050, filed 5/18/84.

Wash. Admin. Code § 352-60-060 Navigation lights and shapes.

The requirements of this section are equal to the rules established in Chapter 33, Code of Federal Regulations, Parts 81 and 82.

Application.

(1) The requirements in this section shall be complied with in all weathers. The requirements concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for lights specified by the United States Coast Guard, or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out. Lights and shapes shall meet the requirements for visibility, color, shape, and location as required by Chapter 33, Code of Federal Regulations, Part 81-72, Appendix A, Rules 21, 22, and Annex I, as amended.

(2) The lights herein prescribed shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

(3) The requirements concerning shapes shall be complied with by day.

(4)(a) Power-driven vessels underway - International waters.

(i) A power-driven vessel underway shall exhibit:

(A) A masthead light forward;

(B) A second masthead light abaft of and higher than the forward one; except that a vessel of less than fifty meters (164.0 feet) in length shall not be obliged to exhibit such light but may do so;

(D) A sternlight.

(ii) An air-cushion vessel when operating in the nondisplacement mode shall, in addition to the lights prescribed in (a)(i) of this subsection, exhibit an all-round flashing yellow light where it can best be seen.

(iii) A power-driven vessel of less than twelve meters (39.4 feet) in length may, in lieu of the lights prescribed in (a)(i) of this subsection, exhibit an all-round white light and sidelights.

(A) A power-driven vessel of less than seven meters (23.0 feet) in length whose maximum speed does not exceed seven knots may in lieu of the lights prescribed in (a)(i) of this subsection exhibit an all-round white light and shall, if practicable, also exhibit sidelights;

(B) The masthead light or all-round white light on a power-driven vessel of less than twelve meters (39.4 feet) in length may be displaced from the fore and aft centerline of the vessel if centerline fitting is not practicable, provided that the sidelights are combined in one lantern which shall be carried on the fore and aft centerline of the vessel or located as nearly as practicable in the same fore and aft line as the masthead light or the all-round white light.

(b) Power-driven vessels underway - Inland waters.

(i) A power-driven vessel underway shall exhibit:

(A) A masthead light forward; except that a vessel of less than twenty meters (65.6 feet) in length need not exhibit this light forward of amidships but shall exhibit it as far forward as is practicable;

(B) A second masthead light abaft of and higher than the forward one; except that a vessel of less than fifty meters (164.0 feet) in length shall not be obliged to exhibit such light but may do so;

(D) A sternlight.

(iii) A power-driven vessel of less than twelve meters (39.4 feet) in length may, in lieu of the lights prescribed in (a)(i) of this subsection, exhibit an all-round white light and sidelights.

(5) Towing and pushing.

(a) International waters.

(i) A power-driven vessel when towing astern shall exhibit:

(A) Instead of the light prescribed either in subsection (4)(a)(i)(A) or (B) of this section, two masthead lights in a vertical line. When the length of the tow, measuring from stern of the towing vessel to the after end of the tow exceeds two hundred meters (656.2 feet), three such lights in a vertical line;

(B) Sidelights;

(D) A towing light in a vertical line above the sternlight; and

(E) When the length of the tow exceeds two hundred meters (656.2 feet), a diamond shape where it can best be seen.

(ii) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and exhibit the lights prescribed in subsection (4)(a) of this section.

(iii) A power-driven vessel when pushing ahead or towing alongside, except in the case of a composite unit, shall exhibit:

(A) Instead of the light prescribed in subsection (4)(a)(i)(A) or (B) of this section, two masthead lights in a vertical line;

(B) Sidelights,

(iv) A power-driven vessel to which (a)(i) or (iii) of this subsection apply shall also comply with subsection (4)(a)(i)(B) of this section.

(v) A vessel or object being towed, other than those mentioned in (a)(vii) of this subsection, shall exhibit:

(A) Sidelights;

(B) A sternlight;

(vi) Provided that any number of vessels being towed alongside or pushed in a group shall be lighted as one vessel.

(A) A vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end sidelights;

(B) A vessel being towed alongside shall exhibit a sternlight and at the forward end, sidelights.

(vii) An inconspicuous, partly submerged vessel or object being towed shall exhibit:

(A) If it is less than twenty-five meters (82.0 feet) in breadth, one all-round white light at or near the forward end and one at or near the after end except that dracones need not exhibit a light at or near the forward end;

(B) If it is twenty-five meters (82.0 feet) or more in breadth, two additional all-round white lights at or near the extremities of its breadth;

(C) If it exceeds one hundred meters (328.1 feet) in length, additional all-round white lights between the lights prescribed in (a)(vii)(A) and (B) of this subsection so that the distance between the lights shall not exceed 100 meters (328.1 feet);

(D) A diamond shape at or near the aftermost extremity of the last vessel or object being towed; and if the length of the tow exceeds two hundred meters (656.2 feet) an additional diamond shape where it can best be seen and located as far forward as is practicable.

(viii) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights or shapes prescribed in (a)(v) or (vii) of this subsection, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of such vessel or object.

(ix) Where from any sufficient cause it is impracticable for a vessel not normally engaged in towing operations to display the lights or shapes prescribed by (a)(i) or (iii) of this subsection, such vessel shall not be required to exhibit those lights when engaged in towing another vessel in distress or otherwise in need of assistance. All possible measures shall be taken to indicate the nature of the relationship between the towing vessel and the vessel being towed as authorized by WAC 352-60-066(5), in particular by illuminating the towline.

(b) Inland waters.

(i) A power-driven vessel when towing astern shall exhibit:

(A) Instead of the light prescribed either in subsection (4)(b)(i)(A) or (B) of this section, two masthead lights in a vertical line. When the length of the tow, measuring from stern to the towing vessel to the after end of the tow exceeds two hundred meters (656.2 feet), three such lights in a vertical line;

(B) Sidelights;

(D) A towing light in a vertical line above the sternlight; and

(E) When the length of the tow exceeds two hundred meters (656.2 feet), a diamond shape where it can best be seen.

(iii) A power-driven vessel when pushing ahead or towing alongside, except as required by (b)(ii) of this subsection, shall exhibit:

(A) Instead of the light prescribed either in subsection (4)(b)(i)(A) or (B) of this section, two masthead lights in a vertical line;

(B) Sidelights; and

(iv) A power-driven vessel to which (b)(i) or (iii) of this subsection apply shall also comply with subsection (4)(b)(i)(A) and (B) of this section.

(v) A vessel or object other than those referred to in (b)(vii) of this subsection being towed shall exhibit:

(A) Sidelights;

(B) A sternlight; and

(vi) Provided that any number of vessels being towed alongside or pushed in a group shall be lighted as one vessel:

(A) A vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end sidelights, and a special flashing light; and

(B) A vessel being towed alongside shall exhibit a sternlight and at the forward end sidelights.

(vii) An inconspicuous, partly submerged vessel or object being towed shall exhibit:

(A) If it is less than twenty-five meters (82.0 feet) in breadth, one all-round white light at or near each end;

(B) If it is twenty-five meters (82.0 feet) or more in breadth, four all-round white lights to mark its length and breadth;

(C) If it exceeds one hundred meters (328.1 feet) in length, additional all-round white lights between the lights prescribed in (b)(vii)(A) and (B) of this subsection so that the distance between the lights shall not exceed one hundred meters (328.1 feet): Provided, That any vessels or objects being towed alongside each other shall be lighted as one vessel or object;

(D) A diamond shape at or near the aftermost extremity of the last vessel or object being towed; and

(E) The towing vessel may direct a searchlight in the direction of the tow to indicate its presence to an approaching vessel.

(viii) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights prescribed in (b)(v) or (vii) of this subsection, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of the unlighted vessel or object.

(ix) Where from any sufficient cause it is impracticable for a vessel not normally engaged in towing operations to display the lights prescribed by (b)(i) or (iii) of this subsection, such vessel shall not be required to exhibit those lights when engaged in towing another vessel in distress or otherwise in need of assistance. All possible measures shall be taken to indicate the nature of the relationship between the towing vessel and the vessel being assisted. The searchlight authorized by WAC 352-60-066(5) may be used to illuminate the tow.

(6) Sailing vessels underway and vessels under oars - International and inland waters.

(a) A sailing vessel underway shall exhibit:

(i) Sidelights; and

(ii) A sternlight.

(b) In a sailing vessel of less than twenty meters (65.6 feet) in length the lights prescribed in (a) of this subsection may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(c) A sailing vessel underway may, in addition to the lights prescribed in (a) of this subsection, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by (b) of this subsection.

(d)(i) A sailing vessel of less than seven meters (23.0 feet) in length shall, if practicable, exhibit the lights prescribed in (a) or (b) of this subsection, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(ii) A vessel under oars may exhibit the lights prescribed in this subsection for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downward: Provided, That for inland waters only, a vessel of less than twelve meters (39.4 feet) in length is not required to exhibit this shape, but may do so.

(7) Fishing vessels - International and inland waters.

(a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this subsection.

(b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit:

(i) Two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than twenty meters (65.6 feet) in length may instead of this shape exhibit a basket;

(ii) A masthead light abaft of and higher than the all-round green light; a vessel of less than fifty meters (164.0 feet) in length shall not be obliged to exhibit such a light but may do so; and

(iii) When making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(i) Two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than twenty meters (65.6 feet) in length may instead of this shape exhibit a basket;

(ii) When there is outlying gear extending more than one hundred fifty meters (492.1 feet) horizontally from the vessel, an all-round white light or a cone apex upward in the direction of the gear; and

(iii) When making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(d) A vessel engaged in fishing in close proximity to other vessels engaged in fishing may exhibit the additional signals as found in Chapter 33, Code of Federal Regulations, Part 81, Annex II and Part 85, Annex II.

(e) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this subsection, but only those prescribed for a vessel of her length.

(8) Vessels not under command or restricted in their ability to maneuver - International and inland waters.

(a) A vessel not under command shall exhibit:

(i) Two all-round red lights in a vertical line where they can best be seen;

(ii) Two balls or similar shapes in a vertical line where they can best be seen; and

(iii) When making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(b) A vessel restricted in her ability to maneuver, except a vessel engaged in mineclearance operations, shall exhibit:

(i) Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) Three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;

(iii) When making way through the water, a masthead light or lights, sidelights and a sternlight, in addition to the lights prescribed in (b)(i) of this subsection; and

(iv) When at anchor, in addition to the lights or shapes prescribed in (b)(i) and (ii) of this subsection, the light, lights or shapes prescribed in subsection (11) of this section.

(c) A vessel engaged in a towing operation which severely restricts the towing vessel and her tow in their ability to deviate from their course shall exhibit:

(i) For inland waters, in addition to the lights or shapes prescribed in (b)(i) and (ii) of this subsection, exhibit the lights or shape prescribed in WAC 352-60-066 (5)(b);

(ii) For international waters, in addition to the lights or shapes prescribed in subsection (5)(a)(i) of this section, exhibit the lights or shapes prescribed in (b)(i) and (ii) of this subsection.

(d) A vessel engaged in dredging or underwater operations, when restricted in her ability to maneuver, shall exhibit the lights and shapes prescribed in (b)(i), (ii), and (iii) of this subsection and shall in addition, when an obstruction exists, exhibit:

(i) Two all-round red lights or two balls in a vertical line to indicate the side on which the obstruction exists;

(ii) Two all-round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass; and

(iii) When at anchor, the lights or shape prescribed by this paragraph, instead of the lights or shapes prescribed in subsection (11) of this section for anchored vessels.

(e) Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in (d) of this subsection, the following shall be exhibited:

(i) Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) A rigid replica of the International Code flag "A" not less than one meter (3.3 feet) in height. Measures shall be taken to insure its all-round visibility.

(f) A vessel engaged in mineclearance operations shall in addition to the lights prescribed for a power-driven vessel in subsection (4) of this section or to the lights or shape prescribed for a vessel at anchor in subsection (11) of this section as appropriate, exhibit three all-round green lights or three balls. One of these lights or shapes shall be exhibited near the foremast head and one at each end of the fore yard. These lights or shapes indicate that it is dangerous for another vessel to approach within one thousand meters (3280.8 feet) of the mineclearance vessel.

(g) A vessel of less than twelve meters (39.4 feet) in length, except when engaged in diving operations, is not required to exhibit the lights or shapes prescribed in this subsection.

(h) The signals prescribed in this subsection are not signals of vessels in distress and requiring assistance. Such signals are contained in Chapter 33, Code of Federal Regulations, Part 87, Annex IV: Distress Signals.

(9) Vessels constrained by their draft - International waters. A vessel constrained by her draft may, in addition to the lights prescribed for power-driven vessels in subsection (4)(a) of this section, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.

(10) Pilot vessels - International and inland waters.

(a) A vessel engaged on pilotage duty shall exhibit:

(i) At or near the masthead, two all-round lights in a vertical line, the upper being white and the lower red;

(ii) When underway, in addition, sidelights and a sternlight; and

(iii) When at anchor, in addition to the lights prescribed in (a)(i) of this subsection, the anchor light, lights, or shape prescribed in subsection (11) of this section for anchored vessels.

(b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a vessel of her length.

(11) Anchored vessels and vessels aground - International and inland waters.

(a) A vessel at anchor shall exhibit where it can best be seen:

(i) In the fore part, an all-round white light or one ball; and

(ii) At or near the stern and at a lower level than the light prescribed in (a)(i) of this subsection, an all-round white light.

(b) A vessel of less than fifty meters (164.0 feet) in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in (a) of this subsection.

(c) A vessel at anchor may, and a vessel of one hundred meters (328.1 feet) or more in length shall, also use the available working or equivalent lights to illuminate her decks.

(d) A vessel aground shall exhibit the lights prescribed in (a) or (b) of this subsection and in addition, where they can best be seen:

(i) Two all-round red lights in a vertical line; and

(ii) Three balls in a vertical line.

(e) A vessel of less than seven meters (23.0 feet) in length, when at anchor, not in or near a narrow channel, fairway, anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shape prescribed in (a) and (b) of this subsection.

(f) A vessel of less than twelve meters (39.4 feet) in length when aground shall not be required to exhibit the lights or shapes prescribed in (d)(i) and (ii) of this subsection.

(g) For inland waters only, a vessel of less than twenty meters (65.6 feet) in length, when at anchor in a special anchorage area designated by the United States Coast Guard, shall not be required to exhibit the anchor lights and shapes required by this subsection.

(12) Seaplanes - International and inland waters. Where it is impracticable for a seaplane to exhibit lights and shapes of the characteristics or in the positions prescribed in the requirements section she shall exhibit lights and shapes as closely similar in characteristics and position as is possible.

(13) Law enforcement vessels - Inland waters.

(a) Law enforcement vessels may display a flashing blue light when engaged in direct law enforcement or public safety activities. This light must be located so that it does not interfere with the visibility of the vessel's navigation lights.

(b) The blue light described in this subsection may only be displayed by law enforcement vessels of the United States, Washington, and its political subdivisions. The use of blue lights by other vessels is prohibited.

(14) Public safety activities - Inland waters.

(a) Vessels engaged in government sanctioned public safety activities, and commercial vessels performing similar functions, may display an alternately flashing red and yellow light signal. This identification light signal must be located so that it does not interfere with the visibility of the vessel's navigation lights. The identification light signal may be used only as an identification signal and conveys no special privilege. Vessels using the identification light signal during public safety activities must abide by the rules found in WAC 352-60-060, 352-60-065, 352-60-066, and 352-60-070, and must not presume that the light or the exigency gives them precedence or right of way.

(b) Public safety activities include but are not limited to patrolling marine parades, regattas, or special water celebrations; traffic control; salvage; firefighting; medical assistance; assisting disabled vessels; and search and rescue.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-060, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-060, filed 5/18/84.

Wash. Admin. Code § 352-60-065 Sound producing devices.

No person shall operate, or permit to be operated, a vessel on the waters of this state without sound producing devices as follows:

(1) A vessel of twelve meters (39.4 feet) or more in length shall be provided with a whistle and a bell and a vessel of one hundred meters (328.1 feet) or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with Chapter 33, Code of Federal Regulations, Part 86. The bell or gong, or both, may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the prescribed signals shall always be possible.

(2) A vessel of less than twelve meters (39.4 feet) in length shall not be obliged to carry the sound signaling appliances prescribed in subsection (1) of this section, but if she does not, she shall be provided with some other means of making an efficient sound signal.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-065, filed 7/25/94, effective 8/25/94.

Wash. Admin. Code § 352-60-066 Sound and light signals.

For the purposes of this section, the term "short blast" means a blast of about one second's duration, and the term "prolonged blast" means a blast of from four to six seconds' duration.

(1) Maneuvering and warning signals - International waters.

(a) When vessels are in sight of one another, a power-driven vessel underway, when maneuvering as authorized or required by these requirements, shall indicate that maneuver by the following signals on her whistle:

One short blast to mean "I am altering my course to starboard";
Two short blasts to mean "I am altering my course to port";
Three short blasts to mean "I am operating astern propulsion."

(b) Any vessel may supplement the whistle signals prescribed in (a) of this subsection by light signals, repeated as appropriate, whilst the maneuver is being carried out:

(i) These light signals shall have the following significance:

One flash to mean "I am altering my course to starboard";
Two flashes to mean "I am altering my course to port";
Three flashes to mean "I am operating astern propulsion";

(ii) The duration of each flash shall be about one second, the interval between flashes shall be about one second, and the interval between successive signals shall be not less than ten seconds;

(iii) The light used for this signal shall, if fitted, be an all-round white light, visible at a minimum range of five miles, and shall comply with the provisions of Chapter 33, Code of Federal Regulations, Part 81, Appendix A, Annex I.

(i) A vessel intending to overtake another shall in compliance with WAC 352-60-070 (6)(e)(i) indicate her intention by the following signals on her whistle:

Two prolonged blasts followed by one short blast to mean "I intend to overtake you on your starboard side";
Two prolonged blasts followed by two short blasts to mean "I intend to overtake you on your port side";

(ii) The vessel about to be overtaken when acting in accordance with WAC 352-60-070 (6)(e)(i) shall indicate her agreement by the following signal on her whistle:

One prolonged, one short, one prolonged and one short blast, in that order.

(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.

(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shall be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.

(f) If whistles are fitted on a vessel at a distance apart of more than one hundred meters (328.1 feet), one whistle only shall be used for giving maneuvering and warning signals.

(2) Maneuvering and warning signals - Inland waters.

(a) When power-driven vessels are in sight of one another and meeting or crossing at a distance within one-half mile of each other, each vessel underway, when maneuvering as authorized or required by these requirements:

(i) Shall indicate that maneuver by the following signals on her whistle:

One short blast to mean "I intend to leave you on my port side";
Two short blasts to mean "I intend to leave you on my starboard side"; and
Three short blasts to mean "I am operating astern propulsion."

(ii) Upon hearing the one or two blast signal the other shall, if in agreement, sound the same whistle signal and take the steps necessary to effect a safe passing. If, however, from any cause, the vessel doubts the safety of the proposed maneuver, she shall sound the danger signal specified in (d) of this subsection and each vessel shall take appropriate precautionary action until a safe passing agreement is made.

(b) A vessel may supplement the whistle signals prescribed in (a) of this subsection by light signals:

(i) These signals shall have the following significance:

One flash to mean "I intend to leave you on my port side";
Two flashes to mean "I intend to leave you on my starboard side";
Three flashes to mean "I am operating astern propulsion";

(ii) The duration of each flash shall be about one second; and

(iii) The light used for this signal shall, if fitted, be one all-around white or yellow light, visible at a minimum range of two miles (3219.1 meters), synchronized with the whistle, and shall comply with the provisions of Chapter 33, Code of Federal Regulations, Part 84, Annex I.

(i) A power-driven vessel intending to overtake another power-driven vessel shall indicate her intention by the following signals on her whistle:

One short blast to mean "I intend to overtake you on your starboard side";
Two short blasts to mean "I intend to overtake you on your port side"; and

(ii) The power-driven vessel about to be overtaken shall, if in agreement, sound a similar sound signal. If in doubt she shall sound the danger signal prescribed in (d) of this subsection.

(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. This signal may be supplemented by a light signal of at least five short and rapid flashes.

(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. This signal shall be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.

(f) If whistles are fitted on a vessel at a distance apart of more than one hundred meters (328.1 feet), one whistle only shall be used for giving maneuvering and warning signals.

(g) When a power-driven vessel is leaving a dock or berth, she shall sound one prolonged blast.

(h) A vessel that reaches agreement with another vessel in a meeting, crossing, or overtaking situation by using the radiotelephone as prescribed by the Federal Bridge-to-Bridge Radiotelephone Act (85 Stat. 165; 33 U.S.C. 1207), is not obliged to sound the whistle signals prescribed by this subsection, but may do so. If agreement is not reached, then whistle signals shall be exchanged in a timely manner and shall prevail.

(3) Sound signals in restricted visibility - International waters. In or near an area of restricted visibility, whether by day or night, the signals prescribed in this subsection shall be used as follows:

(a) A power-driven vessel making way through the water shall sound at intervals of not more than two minutes, one prolonged blast.

(b) A power-driven vessel underway but stopped and making no way through the water shall sound at intervals of not more than two minutes, two prolonged blasts in succession with an interval of about two seconds between them.

(c) A vessel not under command, a vessel restricted in her ability to maneuver, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in (a) or (b) of this subsection, sound at intervals of not more than two minutes, three blasts in succession, namely one prolonged followed by two short blasts.

(d) A vessel engaged in fishing, when at anchor, and a vessel restricted in her ability to maneuver when carrying out her work at anchor, shall instead of the signals prescribed in (g) of this subsection sound the signal prescribed in (c) of this subsection.

(e) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than two minutes sound four blasts in succession, namely one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(f) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in (a) or (b) of this subsection.

(g) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about five seconds. In a vessel of one hundred meters (328.1 feet) or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about five seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession, namely one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.

(h) A vessel aground shall give the bell signal and if required the gong signal prescribed in (g) of this subsection and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.

(i) A vessel of less than twelve meters (39.4 feet) in length shall not be obliged to give the above-mentioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than two minutes.

(j) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in (a), (b), or (g) of this subsection sound an identity signal consisting of four short blasts.

(4) Sound signals in restricted visibility - Inland waters. In or near an area of restricted visibility, whether by day or night, the signals prescribed in this subsection shall be used as follows:

(a) A power-driven vessel making way through the water shall sound at intervals of not more than two minutes, one prolonged blast.

(c) A vessel not under command, a vessel restricted in her ability to maneuver, whether under way or at anchor; a sailing vessel; a vessel engaged in fishing, whether underway or at anchor; and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in (a) or (b) of this subsection, sound at intervals of not more than two minutes, three blasts in succession, namely, one prolonged followed by two short blasts.

(d) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than two minutes sound four blasts in succession; namely, one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(e) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in (a) or (b) of this subsection.

(f) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about five seconds. In a vessel of one hundred meters (328.1 feet) or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about five seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession; namely, one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.

(g) A vessel aground shall give the bell signal and if required the gong signal prescribed in (f) of this subsection and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.

(h) A vessel of less than twelve meters (39.4 feet) in length shall not be obliged to give the above-mentioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than two minutes.

(i) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in (a), (b), or (f) of this subsection sound an identity signal consisting of four short blasts.

(j) The following vessels shall not be required to sound signals as prescribed in (f) of this subsection when anchored in a special anchorage area designated by the United States Coast Guard:

(i) A vessel of less than twenty meters (65.6 feet) in length; and

(ii) A barge, canal boat, scow or other nondescript craft.

(5) Signals to attract attention - International and inland waters.

(a) If necessary to attract the attention of another vessel, any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere in these requirements, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel.

(b) For international waters only, any light to attract the attention of another vessel shall be such that it cannot be mistaken for any aid to navigation. For the purpose of this subsection the use of high intensity intermittent or revolving lights, such as strobe lights, shall be avoided.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-066, filed 7/25/94, effective 8/25/94.

Wash. Admin. Code § 352-60-070 Steering and sailing.

The requirements in this section meet the rules established in Chapter 33, Code of Federal Regulations, Parts 81 and 82, and shall be construed to supplement federal laws and regulations. Federal laws and regulations shall control if any requirement is inconsistent with federal laws and regulations.

(1) Application - International and inland waters. The requirements in this section shall apply in any conditions of visibility.

(2) Look-out - International and inland waters. Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

(3) Safe speed - International and inland waters. Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account by:

(a) All vessels:

(i) The state of visibility;

(ii) The traffic density including concentrations of fishing vessels or any other vessels;

(iii) The maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(iv) At night the presence of background light such as from shore lights or from back scatter of her own lights;

(v) The state of wind, sea, and current, and the proximity of navigational hazards;

(vi) The draft in relation to the available depth of water;

(b) Additionally, by vessels with operational radar:

(i) The characteristics, efficiency and limitations of the radar equipment;

(ii) Any constraints imposed by the radar range scale in use;

(iii) The effect on radar detection of the sea state, weather, and other sources of interference;

(iv) The possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(v) The number, location, and movement of vessels detected by radar; and

(vi) The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.

(4) Risk of collision - International and inland waters. Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

(a) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.

(b) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

(i) Such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change; and

(ii) Such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow, or when approaching a vessel at close range.

(5) Action to avoid collision - International and inland waters.

(a) Any action to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.

(f)(i) A vessel which, by any of these requirements, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the requirements of this part.

(iii) A vessel, the passage of which is not to be impeded remains fully obliged to comply with the requirements of this part when the two vessels are approaching one another so as to involve risk of collision.

(6) Narrow channels - International waters.

(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than twenty meters (65.6 feet) in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within that channel or fairway. The latter vessel shall use the danger signal prescribed in WAC 352-60-066 (1)(d) if in doubt as to the intention of the crossing vessel.

(e) In a narrow channel or fairway:

(i) When overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in WAC 352-60-066 (1)(c)(i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in WAC 352-60-066 (1)(c)(ii) and take steps to permit safe passing. If in doubt she shall sound the signals prescribed in WAC 352-60-066 (1)(d).

(ii) This subsection does not relieve the overtaking vessel of her obligation under subsection (11) of this section.

(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in WAC 352-60-066 (1)(e).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

(7) Narrow channels - Inland waters.

(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than twenty meters (65.6 feet) in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within that channel or fairway. The latter vessel shall use the danger signal prescribed in WAC 352-60-066 (2)(d) if in doubt as to the intention of the crossing vessel.

(e) In a narrow channel or fairway:

(i) When overtaking, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in WAC 352-60-066 (2)(c) and take steps to permit safe passing. The overtaken vessel, if in agreement, shall sound the same signal. If in doubt she shall sound the danger signal prescribed in WAC 352-60-066 (2)(d).

(ii) This requirement does not relieve the overtaking vessel of her obligation under subsection (11) of this section.

(g) Every vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

(8) Vessel traffic separation schemes - International and inland waters.

(a) This subsection applies to traffic separation schemes and does not relieve any vessel of her obligation under any other requirement.

(b) A vessel using a traffic separation scheme shall:

(i) Proceed in the appropriate traffic lane in the general direction of traffic flow for that lane;

(ii) So far as practicable keep clear of a traffic separation line or separation zone;

(iii) Normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side shall do so at as small an angle to the general direction of traffic flow as practicable.

(c) A vessel shall, so far as practicable, avoid crossing traffic lanes but if obliged to do so shall cross on a heading as nearly as practicable at right angles to the general direction of traffic flow.

(d)(i) A vessel shall not use an inshore traffic zone when she can safely use the appropriate traffic lane within the adjacent traffic separation scheme. However, vessels of less than twenty meters (65.6 feet) in length, sailing vessels and vessels engaged in fishing may use the inshore traffic zone.

(ii) Notwithstanding (d)(i) of this subsection, a vessel may use an inshore traffic zone when en route to or from a port, offshore installation or structure, pilot station or any other place situated within the inshore traffic zone, or to avoid immediate danger.

(e) A vessel other than a crossing vessel or a vessel joining or leaving a lane shall not normally enter a separation zone or cross a separation line except:

(i) In cases of emergency to avoid immediate danger;

(ii) To engage in fishing within a separation zone.

(f) A vessel navigating in areas near the terminations of traffic separation schemes shall do so with particular caution.

(g) A vessel shall so far as practicable avoid anchoring in a traffic separation scheme or in areas near its terminations.

(h) A vessel not using a traffic separation scheme shall avoid it by as wide a margin as is practicable.

(i) A vessel engaged in fishing shall not impede the passage of any vessel following a traffic lane.

(j) A vessel of less than twenty meters (65.6 feet) in length or a sailing vessel shall not impede the safe passage of a power-driven vessel following a traffic lane.

(k) A vessel restricted in her ability to maneuver when engaged in an operation for the maintenance of safety of navigation in a traffic separation scheme is exempted from complying with this subsection to the extent necessary to carry out the operation.

(l) A vessel restricted in her ability to maneuver when engaged in an operation for the laying, servicing or picking up of a submarine cable, within a traffic separation scheme, is exempted from complying with this subsection to the extent necessary to carry out the operation.

(9) Conduct of vessels in sight of one another - International waters. The requirements in this subsection apply to vessels in sight of one another.

(a) Sailing vessels - When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

(i) When each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(ii) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;

(iii) If a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.

(b) For the purposes of this subsection the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

(10) Conduct of vessels in sight of one another - Inland waters. The requirements in this subsection apply to vessels in sight of one another.

(a) Sailing vessels - When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

(i) When each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(ii) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward; and

(b) For the purpose of this subsection the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

(11) Overtaking situation - International and inland waters. The requirements in this subsection apply to vessels in sight of one another.

(a) Notwithstanding anything contained in this section, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these requirements or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

(12) Head-on situation - International waters. The requirements in this subsection apply to vessels in sight of one another.

(a) When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

(13) Head-on situation - Inland waters. The requirements in this subsection apply to vessels in sight of one another.

(a) Unless otherwise agreed, when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line or both sidelights and by day she observes the corresponding aspect of the other vessel.

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

(14) Crossing situation - International waters. The requirements in this subsection apply to vessels in sight of one another. When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

(15) Crossing situation - Inland waters. The requirements in this subsection apply to vessels in sight of one another.

When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

(16) Action by give-way vessel - International waters. The requirements in this subsection apply to vessels in sight of one another. Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

(17) Action by give-way vessel - Inland waters. The requirements in this subsection apply to vessels in sight of one another. Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

(18) Action by stand-on vessel - International waters. The requirements in this subsection apply to vessels in sight of one another.

(a) Where one of two vessels is to keep out of the way, the other shall keep her course and speed. The latter vessel may, however, take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these requirements.

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

(c) A power-driven vessel which takes action in a crossing situation in accordance with (a) of this subsection to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.

(d) This subsection does not relieve the give-way vessel of her obligation to keep out of the way.

(19) Action by stand-on vessel - Inland waters. The requirements in this subsection apply to vessels in sight of one another.

(d) This subsection does not relieve the give-way vessel of her obligation to keep out of the way.

(20) Responsibilities between vessels - International waters. The requirements in this subsection apply to vessels in sight of one another. Except where subsections (6), (8), and (11) of this section otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver;

(iii) A vessel engaged in fishing;

(iv) A sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver;

(iii) A vessel engaged in fishing.

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver.

(d) Any vessel other than a vessel not under command or a vessel restricted in her ability to maneuver shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draft, exhibiting the signals in WAC 352-60-060(9). A vessel constrained by her draft shall navigate with particular caution having full regard to her special condition.

(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the requirements of this section.

(21) Responsibilities between vessels - Inland waters. The requirements in this subsection apply to vessels in sight of one another. Except where subsections (7), (8), and (11) of this section otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver;

(iii) A vessel engaged in fishing;

(iv) A sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver;

(iii) A vessel engaged in fishing.

(i) A vessel not under command;

(ii) A vessel restricted in her ability to maneuver.

(d) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the requirements of this section.

(22) Conduct of vessels in restricted visibility - International waters.

(a) This subsection applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have her engines ready for immediate maneuver.

(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with subsections (1) through (8) of this section.

(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:

(i) An alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;

(ii) An alteration of course towards a vessel abeam or abaft the beam.

(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.

(23) Conduct of vessels in restricted visibility - Inland waters.

(a) This subsection applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with subsections (1) through (8) of this section.

(i) An alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;

(ii) An alteration of course towards a vessel abeam or abaft the beam.

(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears, apparently forward of her beam, the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-070, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-070, filed 5/18/84.

Wash. Admin. Code § 352-60-080 Fire extinguisher required.

(1) Every vessel with a motor, except vessels with an outboard motor, less than twenty-six feet (7.9 meters) in length and of open construction, shall carry on board, fully charged and in serviceable condition the following hand portable United States Coast Guard, for vessels manufactured prior to August 22, 2016, or Underwriters Laboratory for vessels manufactured after August 22, 2016, approved fire extinguishers:

(a) Motorboats with no fixed fire extinguishing system in the machinery space and which are:

(i) Less than twenty-six feet (7.9 meters) in length - One extinguisher;

(ii) Twenty-six feet (7.9 meters) but less than forty feet (12 meters) in length - Two extinguishers;

(iii) Forty feet (12 meters) or longer in length - Three extinguishers.

(b) Motorboats with a fixed extinguishing system in the machinery space and which are:

(i) Less than twenty-six feet (7.9 meters) - No hand portable extinguisher required;

(ii) Twenty-six feet (7.9 meters) or longer in length, but less than forty feet (12 meters) in length - One extinguisher;

(iii) Forty feet (12 meters) or longer in length - Two extinguishers.

(2) The fire extinguishers required by this section are Class B-I for vessels manufactured prior to August 22, 2016, or are 5-B for vessels manufactured after August 22, 2016, as described in Title 46, Code of Federal Regulations, Part 34 and Title 46, Code of Federal Regulations, Part 25, 30-20, however, one Class B-II described in that regulation may be substituted for two Class B-I extinguishers. One UL 20-B may be substituted for two 5-B extinguishers.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-60-080, filed 9/22/21, effective 10/23/21. Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-080, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-080, filed 5/18/84.

Wash. Admin. Code § 352-60-090 Backfire flame control.

No person shall operate or permit the operation of a vessel powered by a gasoline engine unless it meets the following requirements:

(1) All gasoline engines, except outboard motors, must be equipped with an acceptable means of backfire flame control. Installations consisting of backfire flame arresters approved by the United States Coast Guard under 46 Code of Federal Regulations Parts 25 and 58 are acceptable.

(2) A United States Coast Guard approved flame arrester bearing basic Approval Numbers 162.015 or 162.041 or engine air and fuel induction systems bearing basic Approval Numbers 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet the applicable requirements of subsection (3) of this section.

(3) The following are acceptable means of backfire flame control for gasoline engines:

(a) A backfire flame arrester complying with SAE J-1928 or UL 1111, and marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection.

(b) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an acceptable backfire flame arrester. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrester, must either include a reed valve assembly or be installed in accordance with SAE J-1928.

(c) An arrangement of the carburetor or engine air induction system that will disperse any flames caused by the engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire. Such installations do not require formal approval and labeling, but must comply with this requirement.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-090, filed 7/25/94, effective 8/25/94. Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-090, filed 5/18/84.

Wash. Admin. Code § 352-60-100 Liquefied petroleum gas.

When a vessel is used to carry persons for hire on the waters of Washington state the use on such vessel of any liquefied petroleum gas or certain flammable liquids for cooking, heating, or lighting is prohibited as required by Title 46, Code of Federal Regulations, Subpart 25.45 and Parts 146 and 147.

History

Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-100, filed 5/18/84.

Wash. Admin. Code § 352-60-110 Canadian vessels.

When used on the waters of Washington state for a period of less than sixty days all Canadian vessels which comply with the boating safety laws of the government of Canada shall be exempt from the provisions of chapter 352-60 WAC except for WAC 352-60-070.

History

Statutory Authority: RCW 43.51.400. WSR 84-11-057 (Order 79), § 352-60-110, filed 5/18/84.

Wash. Admin. Code § 352-60-120 Water ski observer.

Qualifications. These rules are to establish minimum requirements for the observer required when water skiing on the waters of the state.

(1) The observer shall be physically capable and mentally competent of performing the following requirements:

(a) Continuously observe the skier or skiers;

(b) Inform the operator of the vessel towing the skier or skiers when they are no longer being towed;

(2) Nothing in this section shall preempt local government from exercising any power that it possesses under the laws or Constitution of the state of Washington to adopt more stringent regulations on the qualifications for water ski observer.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-120, filed 7/25/94, effective 8/25/94.

Wash. Admin. Code § 352-60-130 Whitewater river guides.

Lifesaving qualifications.

(1) Any person who is charged with the responsibility to perform or act as a whitewater river guide for a commercial whitewater company that takes passengers for hire onto the waters of the state is required to have a valid first-aid card from a course that is approved by the Washington department of labor and industries or the department of health, qualifying that person to perform first aid and cardiopulmonary resuscitation (CPR).

(2) The outline of the first-aid course will include cardiopulmonary resuscitation (CPR) instruction consistent with the most current guidelines of the most recent supplement to the Journal of the American Medical Association (JAMA). The course outline will include instruction criteria consistent with current Washington state medical protocols.

History

Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and chapter 33, C.F.R. Part 175.15. WSR 94-16-027, § 352-60-130, filed 7/25/94, effective 8/25/94.

Wash. Admin. Code § 352-60-140 Designation of whitewater rivers and river sections.

Whitewater river outfitters must comply with the provisions found in RCW 88.12.245 through 88.12.275 when operating on whitewater rivers or sections of rivers of the state as set forth in this section.

(1) As provided by RCW 88.12.265, whitewater rivers of the state include the following rivers and sections of rivers:

(a) Green River above Flaming Geyser state park;

(b) Klickitat River above the confluence with Summit Creek;

(d) Sauk River above the town of Darrington;

(e) Skagit River above Bacon Creek;

(f) Suiattle River;

(g) Tieton River below Rimrock Dam;

(h) Skykomish River below Sunset Falls and above the Highway 2 bridge one mile east of the town of Gold Bar;

(i) Wenatchee River above the Wenatchee County park at the town of Monitor;

(j) White Salmon River.

(2) Additionally, the commission designates the following sections of rivers as having at least one class III rapid or greater, as described in the Safety Code of the American Whitewater Affiliation. River sections designated in this section are based on information published in the American Whitewater Affiliation's Nationwide Whitewater Inventory, 1990 edition:

washington river sections—class iii or greater

| River | Section(s) | Miles | Class | County | | --- | --- | --- | --- | --- | | American | Hells Crossing (Victory Hall Creek) | 4.5 | IV | Yakima | | Baker | North Cascades National Park to Baker Lake | 2.7 | IV | Whatcom | | Beckler | Rapid River to mouth | 7.7 | III | King/Snohomish | | Boulder | Boulder Falls to mouth | 5.0 | III | Snohomish | | Canyon Creek | 10 mi. upstream of mouth to mouth | 10.0 | V | Snohomish | | Carbon | Fairfax Bridge to 0.5 mi. below Lily Creek | 4.0 | V | Pierce | | Cascade | Marble Creek Campground to bridge above mouth | 8.1 | V | Skagit | | Chehalis | Bridge at Fisk Falls to Pe Ell | 12.6 | III | Lewis | | Chiwawa | Huckleberry Campground to Wenatchee River | 11.0 | III | Chelan | | Cispus | F.R. 23 Bridge/Doe Creek to F.R. 28 Bridge | 11.9 | IV | Lewis | | Cispus | F.R. 28 Bridge to Cowlitz River | 17.2 | III | Lewis | | Cle Elum | Big Boulder Creek to Salmon la Sac Creek | 6.9 | IV-V | Kittitas | | Clearwater | Bridge to Confluence with White River | 4.0 | III | Pierce | | Deer Creek | Bridge at Rick Creek to mouth | 11.0 | IV | Snohomish/Skagit | | Dosewallips | Elkhorn Campground to Six Mile Bridge | 5.0 | III | Jefferson | | Duckabush | Wilderness area boundary to mouth | 7.2 | IV | Jefferson | | Dungeness | Dungeness Forks Camp hatchery | 5.1 | IV | Clallam | | Entiat | Entiat Falls to Brief | 9.0 | III | Chelan | | Finney Creek | Finney Creek Rd. Bridge to bridge at mouth | 16.5 | IV | Skagit | | Foss | Bridge 3.2 mi. upstream of mouth to mouth | 3.2 | IV | King | | Grande Ronde | Troy (OR) to Snake River at Heller Bar | 39.0 | II-III | Asotin | | Graywolf | Wilderness area to lower Graywolf River trailhead | 15.0 | IV | Clallam/Jefferson | | Hamma Hamma | 7.5 mi. above guard station to mouth/Hood Canal | 14.4 | I-III | Mason | | Hangman/Latah Creek | 3 mi. below Rattler Run Creek to California Creek | 10.0 | IV | Spokane/Whitman | | Humptulips/E. Fork | Flatbottom Creek to Boise Bridge | 16.7 | III | Grays Harbor | | Icicle Creek | Josephine Lake to Wenatchee River | 18.0 | IV-VI | Chelan | | Kalama | Elk Creek to Indian Creek | 19.0 | III | Cowlitz | | Lewis | Lower Falls to Rush Creek | 3.3 | IV | Skamania | | Lewis | Rush Creek to bridge above Swift Reservoir | 7.4 | III | Skamania | | Lost | Pasayaten Wilderness Area to mouth | 5.6 | II-V | Okanogan | | Mashel | Eatonville to bridge above mouth | 4.6 | IV | Pierce | | Miller | Confluence of E. and W. Forks to S. Fork Skykomish | 3.7 | IV | Snohomish | | Nisqually | McKenna to Tank crossing 1 mi. above Muck Creek | 7.0 | III | Thurston | | Nooksack N. Fork | Nooksack Falls to Douglas Fir Campground | 4.9 | III | Whatcom | | Nooksack N. Fork | Mt. Baker Wilderness to Nooksack Falls | 12.3 | IV | Whatcom | | Nooksack N. Fork | Douglas Fir Forest Campground to Mt. Baker Highway | | | | | | Mile Post 27 | 9.6 | II-III | Whatcom | | Peshastin Creek | Confluence Trosen Creek to Wenatchee | 13.5 | III-V | Chelan | | Pilchuck Creek | Lake Creek to above falls | 5.1 | IV | Snohomish | | Pilchuck Creek | Falls to Highway 9 | 4.7 | IV | Snohomish | | Raging | I-90 to mouth | 4.0 | III-IV | King | | Rapid | Road end to mouth | 5.0 | IV | Snohomish | | Ruby and Granite Creek | Confluence with Beebe Creek to Ross Lake | 5.4 | IV | Whatcom/Skagit | | Satsop/Middle Fork | Kelly Hall Rd. to Turnow Rd. | 16.0 | III | Grays Harbor | | Sitkum | Bridge 0.2 mi. below Rainbow Creek to mouth | 2.5 | III | Clallam | | Skykomish N. | Bear Creek to mouth | 12.7 | IV | Snohomish | | Skykomish S. | Commonwealth Creek to 0.5 mi. below Boxley Creek | 4.0 | II-III | Snohomish | | Snoqualmie/Middle Fork | 2.5 mi. below Pratt River to Sallal Prairie | 8.5 | IV | King | | Snoqualmie/Middle Fork | Cripple Creek to Taylor River | 4.5 | IV | King | | Spokane | People Parks to Seven Mile Rd. | 10.8 | III | Spokane | | Stillaguamish N. | Confluence/S. Branch to bridge below Moose Creek | 8.0 | V | Snohomish | | Stillaguamish S. | Mallardy Creek to Verlot | 9.0 | III | Snohomish | | Stillaguamish S. | Verlot to Granite Falls | 12.3 | V | Snohomish | | Sultan | 1 mi. below Culmback Dam to mouth | 15.5 | IV | Snohomish | | Taylor | Bridge to mouth | 1.0 | III | King | | Tolt S. Fork | Bridge to Confluence/N. Fork Tolt | 5.9 | V | King | | Toutle | State Route 504 Bridge to Tower Rd. Bridge/Cline Creek | 9.5 | III | Cowlitz | | Twisp | Confluence N. Fork and S. Fork to mouth | 28.2 | III | Okanogan | | Tye | Carroll Creek to Confluence/Foss River and Beckler River | 3.0 | IV | King | | White | Bridge 1.5 mi. above W. Fork to Old Pond Creek | 22.1 | III | Pierce | | White Chuck | Glacier Peak Wilderness Boundary to mouth 6 mi. below bridge | 10.9 | IV | Snohomish | | Wind | Ranger Station near Stabler to High Bridge | 7.5 | V | Skamania | | Wynoochee | End of road 0.5 mi. above Falls Creek to Geisler Creek | 48.3 | II-III | Grays Harbor |

History

Statutory Authority: RCW 88.12.279 and 43.51.400. WSR 98-07-022, § 352-60-140, filed 3/10/98, effective 4/10/98.

Chapter 352-64 The state recreational boating safety funding program.

Wash. Admin. Code § 352-64-010 What is the purpose of the recreational boating safety funding program?

The purpose of this program is to provide funds for recreational boating safety information, education, and law enforcement programs of local and state agencies and private nonprofit organizations. Funding for this program will come from federal and state funds. This chapter establishes the procedures and the conditions related to the use of the funds.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-010, filed 11/10/98, effective 12/11/98
WSR 85-03-087 (Order 87), § 352-64-010, filed 1/21/85.

Wash. Admin. Code § 352-64-020 How are the words and phrases used in this chapter?

(1) "Boater" means any person on a recreational vessel on waters of the state of Washington.

(2) "Boating safety council" means the volunteer advisory body created by the commission to advise on matters related to the state boating program, and composed of representatives of Washington's recreational boating community.

(3) "Commission" means the seven-member Washington state parks and recreation commission.

(4) "Director" means the director of the Washington state parks and recreation commission or designee.

(5) "Recreational vessel" means a watercraft manufactured for operation, or operated, primarily for pleasure including watercraft leased, rented, or charted to another for the latter's pleasure.

(6) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-020, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-020, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-020, filed 1/21/85.

Wash. Admin. Code § 352-64-030 What activities are eligible for recreational boating safety program funding?

The funds may be used for programs which include planning, development, and operation of programs for recreational boating safety, safety education, and enforcement of boating laws, rules, and regulations. Program elements may include: Dissemination of information related to safe boat operation; training of boating safety professionals; purchase of boats and related equipment for boating safety programs; program administration; and the maintenance of a safe boating environment.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-030, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-030, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-030, filed 1/21/85.

Wash. Admin. Code § 352-64-040 Who is eligible for recreational boating safety program funding?

(1) Any state or local public agency or private nonprofit organization is eligible to apply for grants for recreational boating safety information or education programs.

(2) Any state or local public agency having jurisdiction over waters used for recreational boating and possessing the authority to enforce the Revised Code of Washington and the Washington Administrative Code is eligible to apply for grants for programs of enforcement of recreational boating safety laws, rules, and regulations.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-040, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-040, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-040, filed 1/21/85.

Wash. Admin. Code § 352-64-045 Are there any limitations on the availability and use of the funds?

(1) The director may establish limitations on the availability and use of recreational boating safety program funding only after considering the following:

(a) Availability of funds.

(b) Recommendations of the boating safety council and state parks staff on program needs.

(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.

(3) The director may limit the amount of funding available for any element(s) of a project.

(4) The director may determine that the funds shall not be used to supplant existing contributions and efforts toward safe boating.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-045, filed 11/10/98, effective 12/11/98.

Wash. Admin. Code § 352-64-050 How does one apply for funding?

In order to be considered for receipt of recreational boating safety information, education, or law enforcement funding, an eligible applicant must complete and submit an application form provided by state parks following the instructions provided in the form.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-050, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-050, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-050, filed 1/21/85.

Wash. Admin. Code § 352-64-060 What criteria will be used to evaluate my application?

State parks will review and evaluate applications based on the applicants ability to achieve any or all of the following criteria. Programs which are designed to:

(1) Focus on recreational boating accident and fatality prevention through education and/or enforcement of safe boating laws.

(2) Assist in the training of personnel in recreational boating safety education and law enforcement program areas.

(3) Assist in the development of statewide recreational boater safety education and information programs including the uniform state waterway marking system.

(4) Assist in the development of other programs which promote or enhance safe boating opportunities in Washington state.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-060, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-060, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-060, filed 1/21/85.

Wash. Admin. Code § 352-64-070 How will projects be selected for funding?

(1) Applications will be reviewed by state parks staff and will be evaluated against the criteria in this chapter.

(2) Staff will consult with and consider the recommendations of the boating safety council and will present final recommendations to the director. The director shall make the final decision on funding a project.

(3) No grant expenditures may be made until such approval is received and a contract is signed by the state parks and funding recipient authorized representatives.

(4) Applicants for recreational boating safety program funds whose requests are approved by the director may receive funds (a) on a reimbursement basis after a billing which indicates satisfactory compliance with a contract that has been filed with state parks or (b) through an advance payment upon a written request to and approval by the director.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-070, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-070, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-070, filed 1/21/85.

Wash. Admin. Code § 352-64-080 What conditions are placed on the use of the funds?

The following conditions apply to the use of the funds:

(1) Project contract. For every funded project, a contract must be executed by the director and by the funding recipient's authorized representative.

(2) Matching contribution. Should a matching contribution be required, recipients of boating safety funds shall meet this requirement through program expenditures, in-kind services, and/or volunteer contributions to the program.

(3) Accountability. Recipients of boating safety funds shall maintain accurate accounting records on the expenditure of funds including any matching contribution if such matching contribution is required, provide the director with these records consistent with the agreement or upon request, and permit a state parks representative to audit the use of the funds in accordance with generally accepted audit practices and standards.

(4) State parks reserves the right to terminate its participation in any program for failure of the funding recipient to perform according to the requirements of the agreement.

(5) Reporting requirements. The funding recipient shall submit reports required by state parks as provided in the project contract.

History

Statutory Authority: RCW 43.51.400. WSR 98-23-030, § 352-64-080, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 43.51.040. WSR 90-04-064, § 352-64-080, filed 2/5/90, effective 3/8/90. Statutory Authority: RCW 43.51.400. WSR 85-03-087 (Order 87), § 352-64-080, filed 1/21/85.

Chapter 352-65 Boating safety program approval.

Wash. Admin. Code § 352-65-010 What is the purpose of boating safety program approval?

The purpose of boating safety program approval is to establish a process to review and approve local boating safety programs and to make funds available to local governments to support their boating safety education, information, and law enforcement activities and to offset out-of-county boater impacts.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-010, filed 11/19/98, effective 12/20/98
WSR 94-04-076, § 352-65-010, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. WSR 90-13-008, § 352-65-010, filed 6/7/90, effective 7/7/90.

Wash. Admin. Code § 352-65-020 How are the words and phrases used in this chapter?

(1) "Boating safety program approval" means that the county or local jurisdiction has entered into an agreement with state parks to develop and maintain a boating safety program meeting minimum requirements established by state parks.

(2) "Commission" means the seven-member Washington state parks and recreation commission.

(3) "Director" means the director of the Washington state parks and recreation commission or designee.

(4) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-020, filed 11/19/98, effective 12/20/98
WSR 94-04-076, § 352-65-020, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. WSR 90-13-008, § 352-65-020, filed 6/7/90, effective 7/7/90.

Wash. Admin. Code § 352-65-030 Who is eligible to apply for boating safety program approval?

Any county or local public agency having jurisdiction over waters used for recreational boating and possessing the authority to enforce the Revised Code of Washington and the Washington Administrative Code is eligible to apply for state parks boating safety program approval.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-030, filed 11/19/98, effective 12/20/98
WSR 94-04-076, § 352-65-030, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. WSR 90-13-008, § 352-65-030, filed 6/7/90, effective 7/7/90.

Wash. Admin. Code § 352-65-040 What are the minimum requirements necessary to obtain boating safety program approval?

The minimum requirements necessary to obtain boating safety program approval are as follows:

(1) Boating accident reporting and investigation.

(a) Each county or local jurisdiction must provide an assurance that all serious or fatal recreational boating accidents will be thoroughly investigated to the maximum extent possible, and that copies of the investigative reports will be submitted to state parks as specified in RCW 88.12.175.

(b) The approved county or local jurisdiction must support the statewide boating accident reporting system by:

(i) Providing recreational boaters with copies of the state required boating accident report (BAR) form and informing recreational boaters of their responsibility to submit the completed BAR as specified in RCW 88.12.155; and

(ii) Submitting to state parks a completed BAR form which includes all available information about the accident or casualty as specified in chapter 352-70 WAC.

(2) Boater assistance. The county or local jurisdiction will have the ability to respond or coordinate response to recreational boating emergencies which occur within its jurisdiction. Such emergencies may include swift water response, open water rescue, ice rescue, vessel fire, overdue boater search, or other boating-related emergencies or distress calls.

(3) Training. The county or local jurisdiction will be responsible for acquiring the training for its assigned boating safety program personnel. The training will include basic boating safety officer training as provided by the United States Coast Guard, state parks, or any county or local jurisdiction whose training program is approved by state parks.

Such training must be acquired within one year of initiating a new boating safety program, and within one year for each newly assigned boating safety officer.

(4) Rules and regulations. When the county or local jurisdiction adopts ordinances governing recreational boating, the ordinances must be as restrictive, but may be more restrictive than Washington state boating laws and regulations.

(5) Enforcement. The county or local jurisdiction must:

(a) Provide:

(i) Officers with law enforcement certificates from the criminal justice training commission which authorizes such officers to enforce all boating laws and regulations or officers who have completed such other training program as may be approved by the director or designee;

(ii) A patrol schedule that ensures such officers patrol the waterways during peak recreational boating periods;

(iii) The necessary boating safety patrol equipment, including vessel(s) capable of serving the minimum requirements of this section. The patrol vessel must be properly marked and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC;

(b) Respond to on-water complaints, accidents, and emergencies;

(c) Enforce safety equipment, vessel operation, noise level, navigation and harbor improvements, and registration laws as specified in Title 88 RCW, and as specified in local codes or ordinances.

(6) Boating safety education and information. The county or local jurisdiction must have a boating safety education and information program as follows: Have a designated officer, trained by state parks, to coordinate the activities of boating safety education instructors, act as liaison to boating safety education organizations, and to coordinate:

(a) Boating safety presentations which may include any of the following: Presentations in primary and secondary schools, to boating organizations, and youth groups.

(b) Boating safety instruction. A public course of instruction using lessons and materials from state parks education curriculum, or other state or nationally recognized curriculum approved by state parks.

(c) Boating safety information. Distribute boating safety information and materials, including materials provided by state parks, to boating and outdoor recreation organizations, the boating public, public agencies, and the local media.

(7) Waterway marking. The county or local jurisdiction will use only those waterway markers which conform to the uniform state waterway marking system found in chapter 352-66 WAC.

(8) Boating safety inspections. The county or local jurisdiction will complete written boating safety inspections during enforcement and informational contacts when considered safe and appropriate to document boater compliance with state boating laws. State parks will provide boating safety inspection forms. A copy of the completed inspection will be submitted to state parks for statistical purposes.

(9) Reports. The county or local jurisdiction agrees to submit an annual report of activities performed through the boating safety program and to submit an annual report of all program expenditures. The county or local jurisdiction agrees to participate in statewide boating surveys coordinated by state parks.

(10) Limitations on use of funds. These funds are intended to increase education and enforcement efforts and to stimulate greater local participation in boating safety and are not to supplant existing local funds used for boating safety programs. The county or local jurisdiction agrees to deposit boat registration fees allocated by the state treasurer under RCW 88.02.040, into an account dedicated solely for boating safety purposes which include all activities or expenditures identified in this section.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-040, filed 11/19/98, effective 12/20/98
WSR 94-04-076, § 352-65-040, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. WSR 90-13-008, § 352-65-040, filed 6/7/90, effective 7/7/90.

Wash. Admin. Code § 352-65-045 How does a county or city apply for approval of a boating safety program?

In order to be considered by state parks for approval of a county or local jurisdiction boating safety program, an applicant must complete and submit an application form provided by state parks.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-045, filed 11/19/98, effective 12/20/98.

Wash. Admin. Code § 352-65-050 What funds are available and how are they distributed to approved boating safety programs?

Vessel registration fees are available under RCW 88.02.040 and are distributed as follows:

(1) State treasurer distribution to counties:

(a) Vessel registration fees will be distributed to counties upon notification to the state treasurer:

(i) By state parks that the county has an approved program; and

(ii) By the department of licensing of:

(A) The amount of registration fees collected in each county through June 30 of that calendar year; and

(B) The total vessels registered in each county through June 30 of that calendar year.

(b) State parks will award those remaining funds not distributed in this subsection to help offset out-of-county boater law enforcement and boating safety impacts. State parks may consider the following information when awarding unallocated funds:

(i) Statewide surveys of vessel use;

(ii) Estimates of out-of-county use made by county or local officials supported by locally conducted surveys;

(iii) Other available professionally conducted surveys, studies, or research; or

(iv) Subject to and based upon the availability of unallocated funds, counties with an approved program and identified as receiving the least amount of funds may be awarded additional funds to meet a minimum dollar amount set by state parks.

Any remaining funds not distributed as the result of (b)(i) through (iv) of this subsection will be distributed evenly to all counties with an approved boating safety program.

(2) Counties distribution to local jurisdictions with approved boating safety programs:

(a) Local jurisdiction program approval. Local jurisdictions offering boating safety services and desiring to receive a distribution of funds must enter into a cooperative agreement with the county and receive and maintain state parks' approval for their boating safety program.

(b) County distribution of the funds. The legislative authority of each county with an approved local jurisdiction boating safety program will be responsible for equitably distributing the funds allocated by the state treasurer to local jurisdictions within the county which comply with the requirements of this chapter. The county shall make the equitable distribution to all eligible jurisdictions within seventy-five days of the allocation from the state treasurer and shall notify state parks of the amount distributed to each eligible jurisdiction.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-050, filed 11/19/98, effective 12/20/98. Statutory Authority: RCW 43.51.400 and 88.12.385. WSR 90-13-008, § 352-65-050, filed 6/7/90, effective 7/7/90.

Wash. Admin. Code § 352-65-055 What conditions apply to approval of a boating safety program?

The following conditions apply to approval of a boating safety program:

(1) Program agreement. For each approved program, an agreement must be executed by the director and by the applicant.

(2) Accountability. Counties and local jurisdictions with state parks approved boating safety programs must maintain accurate annual records of activities and expenditures of their boating safety programs, provide state parks with these records consistent with the agreement or upon request, and permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards.

(3) Reporting requirements. Counties and local jurisdictions with state parks approved boating safety programs shall submit reports required by state parks.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-055, filed 11/19/98, effective 12/20/98.

Wash. Admin. Code § 352-65-060 What criteria will be used to evaluate continuation of approval of a boating safety program?

The following criteria will be used to evaluate continuation of program approval:

(1) Assessment. State parks will conduct an assessment of the activities and expenditures of each approved boating safety program. The assessment will be based on approved program requirements as specified in this chapter and in the approved program agreement.

(2) Continuation of approval. Counties and local jurisdictions meeting the minimum program approval requirements will maintain approval.

(3) Revocation of approval. Those counties or local jurisdictions unable to demonstrate compliance with minimum approval requirements will have forty-five days to submit a plan satisfactory to state parks to remedy the deficiencies. If, after forty-five days, a county or local jurisdiction is unable to demonstrate its ability to meet minimum requirements, state parks may revoke the program approval after the county or local jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, the Administrative Procedure Act.

(4) Program changes. When state parks boating safety program approval requirements change, state parks may require a revised program description be submitted as specified in this chapter.

History

Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. WSR 98-24-012, § 352-65-060, filed 11/19/98, effective 12/20/98
WSR 94-04-076, § 352-65-060, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. WSR 90-13-008, § 352-65-060, filed 6/7/90, effective 7/7/90.

Chapter 352-66 United States aids to navigation system.

Wash. Admin. Code § 352-66-010 Purpose.

The purpose of this chapter is to establish a uniform waterway marking system of aids to navigation, including regulatory markers compatible with Title 33, Code of Federal Regulations, Part 62, United States Aids to Navigation System, to which all waterway markers owned by state, local government, or private parties shall conform. The United States Aids to Navigation System is designed to assist the recreational boater in safe navigation and to allow the state and its political subdivisions to provide uniform regulatory information regarding vessel operation on the waters of Washington state not serviced by a marking system administered by the federal government.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-010, filed 9/22/21, effective 10/23/21. Statutory Authority: RCW 43.51.040. WSR 90-07-051, § 352-66-010, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-66-020 Definitions.

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Aid to navigation" means any device external to the vessel intended to assist the navigator to determine position or safe course or to warn of dangers or obstructions.

(2) "Beacons" are aids to navigation structures permanently attached to the earth's surface. Lighted beacons are called lights; unlighted beacons are called day beacons.

(3) "Buoyage" means a system of buoys.

(4) "Buoys" are any waterway markers designed to float on the water while anchored in a fixed position so as to be clearly visible to operators of an approaching vessel and used to convey an official message.

(5) "Lateral system" is a system of waterway markers prescribed in Title 33, Code of Federal Regulations, Part 62, employing an arrangement of shapes, colors, numbers, and light characteristics to indicate to a vessel operator the preferred direction of travel for safe passage. They may be either beacons or buoys.

(6) "Navigable waters of the United States." The term navigable waters of the United States is defined in Title 33, Code of Federal Regulations, Part 62 means:

(a) Territorial seas of the United States;

(b) Internal waters of the United States that are subject to tidal influences that: Are or have been used, or are or have been susceptible for use, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce, notwithstanding natural or man-made obstructions that require portage.

(7) "United States Aids to Navigation System (USATONS)" means the system of aids to navigation including regulatory markers, buoys, and signs prescribed in Title 33, Code of Federal Regulations, Part 62, which are used to provide vessel operators guidance for safe navigation and to identify water areas where vessel operation is restricted or controlled.

(8) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane or swim toy.

(9) "Waters of Washington state" means any waters within the territorial limits of Washington state.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-020, filed 9/22/21, effective 10/23/21. Statutory Authority: RCW 43.51.040. WSR 90-07-051, § 352-66-020, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-66-030 General regulations.

(1) On the navigable waters of Washington state, marking to assist navigation is accomplished by a lateral system of buoyage for use with nautical charts. The lateral system is used by the United States Coast Guard in the marking of navigable waters of the United States as determined by the United States Coast Guard Commandant. The lateral system may be also used by the state and subdivisions thereof for private aids to navigation only when all applicable permits for private aids to navigation have been approved by the United States Coast Guard and other federal, state, or local authorities.

(2) The USATONS has been developed to provide a system of visual, audible, and electronic signals which are designed to assist the prudent mariner in the process of navigation. They have been established to provide a means to convey to the recreational vessel operator adequate guidance to indicate safe boating channels by indicating the presence of either natural or artificial obstructions or hazards, marking restricted or controlled areas, and providing directions. The USATONS is suited to use on all waters of Washington state and is designed to satisfy the needs of all types of recreational vessels.

(3) The U.S. Aids to Navigation System is primarily a lateral system which employs a simple arrangement of colors, shapes, numbers, and light characteristics to mark the limits of navigable routes. This lateral system is supplemented by nonlateral aids to navigation where appropriate.

(4) Generally, lateral aids to navigation indicate on which side of a vessel an aid to navigation should be passed when the vessel is proceeding in the conventional direction of buoyage. Normally, the conventional direction of buoyage is the direction in which a vessel enters navigable channels from seaward and proceeds towards the head of navigation. In the absence of a route leading from seaward, the conventional direction of buoyage generally follows a clockwise direction around land masses.

(5) Although aids to navigation are maintained to a reasonable degree of reliability, the rigors of the marine environment and various equipment failures do cause discrepancies on occasion.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-030, filed 9/22/21, effective 10/23/21. Statutory Authority: RCW 43.51.040. WSR 90-07-051, § 352-66-030, filed 3/19/90, effective 4/19/90.

Wash. Admin. Code § 352-66-045 Beacons and buoys.

Beacons and buoys indicate to a vessel operator the existence of dangerous areas, as well as those areas which are restricted or controlled, such as speed zones and areas dedicated to a particular use, or to provide general information and directions:

(1) Aids to navigation are placed on shore or on marine sites to assist a navigator to determine his position or safe course. They may mark limits of navigable channels, or warn of dangers or obstructions to navigation. The primary components of the U.S. Aids to Navigation System are beacons and buoys.

(2) Beacons are aids to navigation structures which are permanently fixed to the earth's surface. They range from large lighthouses to small, single-pile structures and may be located on land or in the water. Lighted beacons are called lights; unlighted beacons are called day beacons.

(3) Beacons exhibit a daymark. For small structures these are colored geometric shapes which make an aid to navigation readily visible and easily identifiable against background conditions. Generally, the daymark conveys to the mariner, during daylight hours, the same significance as does the aid's light or reflector at night. The daymark of large lighthouses and towers, however, consists of the structure itself. As a result, these daymarks do not infer lateral significance.

(4) Vessels should not pass beacons close aboard due to the danger of collision with riprap or structure foundations, or the obstruction or danger that the aid marks.

(5) Buoys are floating aids to navigation used extensively throughout U.S. waters. They are moored to the seabed by sinkers with chain or other moorings of various lengths.

(6) The daymark of a buoy is the color and shape of the buoy and, if so equipped, of the top mark.

(7) Can buoys have a cylindrical shape. Nun buoys have a tapered, conical shape.

(8) Pillar buoys have a wide cylindrical base supporting a narrower superstructure. They may be surmounted by colored shapes called top marks.

(9) Spherical buoys have a round shape.

(10) Mariners attempting to pass a buoy close aboard risk collision with a yawing buoy, the buoy's mooring, or with the obstruction which the buoy marks.

(11) Mariners should not rely on buoys alone for determining their positions due to factors limiting their reliability. Prudent mariners will use bearings or angles from beacons or other landmarks, soundings, and various methods of electronic navigation. Buoys vary in reliability because:

(a) Buoy positions represented on nautical charts are approximate positions only, due to practical limitations in positioning and maintaining buoys and their sinkers in precise geographical locations.

(b) Buoy moorings vary in length. The mooring lengths define a "watch circle," and buoys can be expected to move within this circle. Actual watch circles do not coincide with the dots or circles representing them on charts.

(c) Buoy positions are normally verified during periodic maintenance visits. Between visits, environmental conditions, including atmospheric and sea conditions, and seabed slope and composition, may shift buoys off their charted positions. Also buoys may be dragged off station, sunk, or capsized by a collision with a vessel.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-045, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-055 Lateral marks.

(1) Lateral marks define the port and starboard sides of a route to be followed. They may be either beacons or buoys.

(2) Side marks are lateral marks which advise the mariner to stay to one side of the mark. Their most frequent use is to mark the sides of channels; however, they may be used individually to mark obstructions outside of clearly defined channels. Side marks are not always placed directly on a channel edge and may be positioned outside the channel as indicated on charts and nautical publications.

(3) Port hand marks indicate the left side of channels when proceeding in the conventional direction of buoyage. Beacons have green square daymarks, while buoys are green can or pillar buoys.

(4) Starboard hand marks indicate the right side of channels when proceeding in the conventional direction of buoyage. Beacons have red triangular daymarks, while buoys are red nun or pillar buoys.

(5) Preferred channel marks indicate channel junctions or bifurcations and may also mark wrecks or obstructions which the mariner, after consulting a chart to ascertain the location of the obstruction relative to the aid, may pass on either side. Preferred channel marks have red and green horizontal bands with the color of the topmost band indicating the preferred channel. If the topmost band is green, the mark serves as a port hand mark for vessels following the preferred channel proceeding in the conventional direction of buoyage, and as a starboard hand mark for the other channel. Beacons would have square daymarks, while buoys would be can or pillar buoys. If the topmost band is red, the mark serves as a starboard hand mark for vessels following the preferred channel proceeding in the conventional direction of buoyage, and a port hand mark for the other channel. Beacons would have triangular daymarks, while buoys would be nun or pillar buoys.

(6) The color schemes in this section apply to IALA Region B (Washington state).

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-055, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-065 Safe water marks.

Safe water marks indicate that there is navigable water all around the mark. They are often used to indicate fairways or mid channels, or the seaward end of channels. Safe water marks are colored with red and white vertical stripes. Beacons have an octagonal daymark; red and white buoys are spherical or display a red spherical top mark.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-065, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-075 Isolated danger marks.

Isolated danger marks indicate an isolated danger which may be passed on all sides. As these marks are erected or moored on or near dangers, they should not be approached closely without special caution. These marks are colored black with one or more broad horizontal red bands and are equipped with a top mark of two black spheres, one above the other.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-075, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-085 Special marks.

Special marks are not primarily intended to assist safe navigation, but to indicate special areas or features referred to in charts or other nautical publications. They may be used, for example, to mark anchorages, cable or pipeline areas, traffic separation schemes, military exercise zones, ocean data acquisition systems, etc. Special marks are colored solid yellow.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-085, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-095 Inland waters obstruction mark.

(1) On inland waters designated by the commandant as state waters in accordance with 33 C.F.R., Part 66 and on nonnavigable internal waters of a state which have no defined head of navigation, a buoy showing alternate vertical black and white stripes may be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy.

(2) The black and white buoy's meaning is "do not pass between the buoy and the shore." The number of white and black stripes is discretionary, provided that the white stripes are twice the width of the black stripes. Prior to December 31, 2003, this aid shall not be used on a waterway which has a red and white striped obstruction marker defined in 33 C.F.R., Part 66 of that chapter, unless all obstruction markers are replaced.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-095, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-105 Information and regulatory marks.

(1) Information and regulatory marks are used to alert the mariner to various warnings or regulatory matters. These marks have orange geometric shapes against a white background. The meanings associated with the orange shapes are as follows:

(a) A vertical open-faced diamond signifies danger;

(b) A vertical diamond shape having a cross centered within indicates that vessels are excluded from the marked area;

(d) A square or rectangular shape will contain directions or instructions lettered within the shape.

(2) When a buoy is used as an information or regulatory mark it shall be white with two horizontal orange bands placed completely around the buoy circumference. One band shall be near the top of the buoy body, with a second band placed just above the waterline of the buoy so that both bands are clearly visible.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-105, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-115 Mooring buoys.

(1) Mooring buoys are white with a blue horizontal band. This distinctive color scheme is recommended to facilitate identification and to avoid confusion with aids to navigation.

(2) A lighted mooring buoy shall normally display a slow flashing white light. When its location in a waterway is such that it constitutes an obstruction to a vessel operated during hours of darkness, it shall display a quick flashing white light.

(3) A mooring buoy shall bear ownership identification provided that the manner and placement of the identification does not detract from the meaning intended to be conveyed by the color scheme or identification letter when assigned.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-115, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-125 Lighthouses.

Lighthouses are prominent beacons of varying size, color, and appearance employed to mark headlands, landfalls, harbor entrances, channel edges, hazards, and other features. While normally identified by their distinctive appearance, some lighthouses display diamond shaped, checkered daymarks to facilitate recognition.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-125, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-130 Large navigational buoys.

Large navigational buoys (LNBs) may be considered floating lighthouses. They generally provide light, sound, and radio beacon signals, and some are equipped with radar beacons (racons). LNBs are red in color, have a forty-foot diameter hull, and a tower approximately forty feet in height.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-130, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-140 Ranges.

Ranges are aids to navigation systems employing dual beacons which, when the structures appear to be in line, assist the mariner in maintaining a safe course. The appropriate nautical chart must be consulted when using ranges to determine whether the range marks the centerline of the navigable channel and also to ascertain what section of the range may be safety traversed. Ranges are generally, but not always, lighted, and display rectangular daymarks of various colors.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-140, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-150 Numbers and letters.

(1) All solid red and solid green aids are numbered, with red aids bearing even numbers and green aids bearing odd numbers. The numbers for each increase in the conventional direction of buoyage. Numbers are kept in approximate sequence on both sides of the channel by omitting numbers where necessary.

(2) Only side marks are numbered. However, aids other than those mentioned in (1) of this section may be lettered to assist in their identification, or to indicate their purpose. Side marks may carry letters in addition to numbers to identify the first aid to navigation in a waterway, or when new aids to navigation are added to channels with previously completed numerical sequences. Letters on side marks will follow alphabetical order from seaward and proceeding toward the conventional direction of buoyage and will be added to numbers as suffixes.

(3) Aids to navigation may be fitted with light-reflecting material to increase their visibility in darkness. The colors of this material may convey the same significance as the aid except that letters and numbers may be white.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-150, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-160 Light characteristics.

(1) Lights on aids to navigation are differentiated by color and rhythm. Lighthouses and range lights may display distinctive light characteristics to facilitate recognition. No special significance should be attached to the color or rhythm of such lights. Other lighted aids to navigation employ light characteristics to convey additional information.

(2) When proceeding in the conventional direction of buoyage, aids to navigation, if lighted, display light characteristics as follows:

(a) Green lights mark port (left) sides of channels and locations of wrecks or obstructions which are to be passed by keeping these lights on the port (left) hand of a vessel. Green lights are also used on preferred channel marks where the topmost band is green.

(b) Red lights mark starboard (right) sides of channels and locations of wrecks or obstructions which are to be passed by keeping these lights on the starboard (right) hand of a vessel. Red lights are also used on preferred channel marks where the topmost band is red.

(3) The purpose of aids exhibiting white or yellow lights may be determined by their shape, color, letters or numbers, and the light rhythm employed.

(4) Light rhythms, are employed as follows:

(a) Aids with lateral significance display regularly flashing or regularly occulting light rhythms. Ordinarily, flashing lights (frequency not exceeding thirty flashes per minute) will be used.

(b) Preferred channel marks display a composite group flashing light rhythm (groups of two flashes followed by one flash).

(d) Isolated danger marks display a white group flashing two.

(e) Special marks display yellow lights with fixed or slow flashing rhythm preferred.

(f) Mooring buoys and information and regulatory marks display white lights of various rhythms.

(g) For situations where lights require a distinct cautionary significance, as at sharp turns, sudden channel constrictions, wrecks, or obstructions, a quick flashing light rhythm (sixty flashes per minute) may be used.

(h) Occasionally lights use sectors to mark shoals or warn mariners of other dangers. Lights so equipped show one color from most directions and a different color or colors over definite arcs of the horizon as indicated on the appropriate nautical chart. These sectors provide approximate bearing information since the observer should note a change of color as the boundary between the sectors is crossed. As sector bearings are not precise, they should be considered a warning only and not used to determine exact bearing to the light.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-160, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-170 Sound signals.

(1) Often sound signals are located on or adjacent to aids to navigation. When visual signals are obscured, sound signals warn mariners of the proximity of danger.

(a) Sound signals are distinguished by their tone and phase characteristics.

(b) Tones are determined by the devices producing the sound (i.e., diaphones, diaphragm horns, reed horns, sirens, whistles, bells, and gongs).

(c) Phase characteristics are defined by the signal's sound pattern, i.e., the number of blasts and silent periods per minute and their durations.

(2) Where no live watch is maintained, sound signals are normally operated continuously. Mariners should not rely solely on sound signals to determine their positions for the following reasons:

(a) Distance cannot be accurately determined by sound intensity.

(b) Occasionally sound signals may not be heard in areas close to their location.

(c) As previously noted, buoy positions are not always reliable. Therefore, their sound signals cannot be assumed to be emanating from a fixed position.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-170, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-180 Racons.

(1) Aids to navigation may be enhanced by the use of radar beacons (racons). Racons, when triggered by a radar signal, will transmit a coded reply to the interrogating radar. This reply serves to identify the aid station by exhibiting a series of dots and dashes which appear on the radar display in a line emanating radially from just beyond the echo of the aid station. Although racons may be used on both laterally significant and nonlaterally significant aids alike, the racon signal itself is for identification purposes only, and therefore carries no lateral significance.

(2) Racons are also used as bridge marks to mark the best point of passage.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-180, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-190 Ownership identification.

Ownership identification on private or state aids to navigation is permitted so long as it does not change or hinder an understanding of the meaning of the aid to navigation.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-190, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-200 Maritime radio beacons.

(1) Maritime radio beacons operate during specific intervals as published in Coast Guard Light Lists. For station identification, simple characteristics consisting of combinations of dots and dashes are used. The transmitted power of maritime radio beacons is adjusted to provide a usable signal at the service range which meets the operational requirement.

(2) Carrier type operation. Radio beacons superimpose the characteristic code on a carrier frequency which is on continuously during the period of transmission. This extends the usefulness of maritime radio beacons to aircraft and ships employing automatic direction finders

(3) Special calibration radio beacons, as listed in the current editions of the Coast Guard Light Lists, will broadcast continuously for the purpose of enabling vessels to calibrate their direction finders upon request either to the cognizant district commander, or, if time does not permit, directly to the calibration station.

(4) Caution: A vessel steering a course for a radio beacon should observe the same precautions that apply when steering for a light or any other mark.

(5) Distance cannot be accurately determined by radio beacon signal. Mariners must exercise extreme caution when the aid to navigation which supports the radio beacon is not visible, and no other means of determining its distance is available.

(6) If the radio beacon is aboard a large navigational buoy (LNB) or on any marine site, particular care should be exercised to avoid the possibility of collision. In addition, caution should be exercised in using radio beacons aboard floating aids, because of the possibility that the aid could be off station.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-200, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-220 Procedure for reporting defects and discrepancies.

(1) Mariners should notify the nearest Coast Guard facility immediately of any observed aids to navigation defects or discrepancies.

(2) The Coast Guard cannot monitor the many thousands of aids in the U.S. Aids to Navigation System simultaneously and continuously. As a result, it is not possible to maintain every aid operating properly and on its charted position at all times. Marine safety will be enhanced if persons finding aids missing, sunk, capsized, damaged, off station, or showing characteristics other than those advertised in the Light List, or other publication, promptly inform the Coast Guard.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-220, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-230 Placement to conform.

No person, political subdivision, or agent of the state shall establish, erect, or place any new or replacement regulatory marker or aid to navigation after January 1, 1991, unless such device conforms to the provisions of this chapter.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-230, filed 9/22/21, effective 10/23/21.

Wash. Admin. Code § 352-66-240 Abuse prohibited.

(1) No person shall damage, remove, interfere with, moor to, or otherwise obstruct the purpose of any regulatory marker or aid to navigation.

(2) When a vessel is involved with a violation of this chapter, violators shall be subject to the penalties set forth in RCW 88.02.380.

(3) Other violations of this chapter shall subject the violator to the penalties set forth in RCW 79A.05.165.

History

Statutory Authority: RCW 79A.05.070, 79A.05.030. WSR 21-20-006, § 352-66-240, filed 9/22/21, effective 10/23/21.

Chapter 352-67 Vessel sound level measurement procedures.

Wash. Admin. Code § 352-67-010 Purpose.

The purpose of these rules is to adopt vessel sound level measurement procedures. These rules are adopted pursuant to chapter 88.12 RCW Regulation of motor boats, under authority of chapter 88.12 RCW and RCW 43.51.400. These test procedures are based on SAE recommended practices SAE J1970, Shoreline Sound Level Measurements Procedure, and SAE J2005, Stationary Sound Level Measurement Procedures for Pleasure Motorboat, and are obtained from and printed with the permission of the Society of Automotive Engineers Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.

History

Statutory Authority: RCW 43.51.400. WSR 93-21-014, § 352-67-010, filed 10/11/93, effective 11/11/93.

Wash. Admin. Code § 352-67-020 Definitions.

As used in this chapter, unless the context clearly indicates otherwise:

"dB" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter.

"Commission" means the state parks and recreation commission.

"Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

"Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

"Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

"Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

"Sound level meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute (ANSI), Specifications for Sound Level Meters, S1.4-1983.

"Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

"Waters of the state" means any waters within the territorial limits of Washington state.

History

Statutory Authority: RCW 43.51.400. WSR 93-21-014, § 352-67-020, filed 10/11/93, effective 11/11/93.

Wash. Admin. Code § 352-67-030 Instrumentation.

(1) A sound level meter which meets Type 1 or Type 2 specifications shall be used.

(2) A microphone windscreen that does not affect the overall reading by more than ±0.5 dB shall be used.

(3) A sound level calibrator shall be used to calibrate the sound level meter. Proper acoustical calibration shall comprise the complete measurement system including extension cables, etc. Field calibration shall be performed immediately before and after each test sequence.

History

Statutory Authority: RCW 43.51.400. WSR 93-21-014, § 352-67-030, filed 10/11/93, effective 11/11/93.

Wash. Admin. Code § 352-67-040 General requirements.

The following general requirements shall be followed when conducting sound level measurement procedures:

(1) The measurements shall be conducted only by persons qualified by training to perform these procedures.

(2) Proper use of all test instrumentation is essential to obtain valid measurements. Operating manuals or other literature furnished by the instrument manufacturer should be consulted for both recommended operation of the instrument, and precautions to be observed.

(3) A measurement shall be invalid if changes in the background sound level affect the applicable reading.

History

Statutory Authority: RCW 43.51.400. WSR 93-21-014, § 352-67-040, filed 10/11/93, effective 11/11/93.

Wash. Admin. Code § 352-67-050 Specific requirements.

(1) A person who is qualified to conduct sound level measurement procedures may use either the shoreline sound level measurement procedure, or the stationary sound level measurement procedure, or both.

(2) The shoreline sound level measurement procedure shall be performed as follows:

(a) A suitable measurement site is the shore of a body of water, or dock projecting out from the shore into the body of water, or a raft, or a vessel moored to a dock, or anchored so that the sound level meter or microphone is not more than six meters (twenty feet) from shore. If the measurement is made from a dock, the dock shall be of open construction so that it presents a minimum of reflecting surfaces. The area around the microphone and vessel being measured shall be free of large obstructions or reflective surfaces including but not limited to buildings, high embankments, sea walls, hills, large piers, or breakwaters, for a minimum distance of thirty meters (one hundred feet).

(b) The applicable reading does not require that the vessel subject to the procedure be at any specific distance from the shoreline or microphone.

(c) This measurement procedure shall not be used during the time period of thirty seconds following engine start up and/or preceding engine shutdown.

(d) The microphone shall be placed 1.2 meters to 1.5 meters (four feet to five feet) above the water, and no less than 0.6 meter (two feet) above the curve of the shore, dock, or platform. If on a dock or platform, the microphone shall be placed near or beyond the end of the dock or platform. If the measurement is made from a vessel, the microphone shall be held at a height of not less than 0.6 meter (two feet) above the surface of the water. A suitable vessel for this purpose is of open hull construction.

(e) The meter shall be set for slow response and the A-weighting network on the sound level meter.

(f) The observer reading the meter shall not be closer than arm's length from the microphone. Only one other person may be within fifteen meters (fifty feet) of the microphone when measuring from the dock or shoreline, and that person shall be directly behind the observer reading the sound level meter.

(g) The applicable reading shall be the highest sound level measured during a period when the background sound level is at least ten dB lower than the maximum allowable sound level. Background sound level includes wind effects, noise from boats other than the one being measured, wave action, boat wakes, and other extraneous noises. Readings due to hull slaps which create intermittent sound levels shall be disregarded.

(h) The observer shall record the applicable reading and the background sound levels taken immediately before and immediately after applicable reading.

(i) When sound level readings are taken from inside a vessel, three dB shall be subtracted from the reading to better correlate with shoreline readings.

(3) The stationary sound level measurement procedure shall be performed as follows:

(a) A suitable measurement site is a body of water free of large obstructions or reflective surfaces including but not limited to buildings, vessels other than those involved in the procedure, large embankments, or breakwaters, for a minimum distance of eight meters (twenty-five feet) from the vessel being measured. The vessel being tested shall either be moored to a dock or lashed to another vessel. If moored to a dock, the dock shall be of open construction so that it presents a minimum of reflecting surfaces. If the measurement is made in open water, the vessel being measured shall be lashed to the measurement vessel to prevent relative motion and to allow positioning of the microphone in the prescribed location. The measurement vessel shall be positioned to minimize reflected sound.

(b) The engine or motor of the vessel being evaluated shall be operated at low idle speed within the engine manufacturer's recommended operating range, in neutral gear if so equipped. For vessels without a neutral gear, the engine or motor shall be operated at its lowest operational speed. The engine or motor shall be operated for a sufficient amount of time to allow water to flow through the exhaust system before taking measurements.

(c) The microphone shall be placed at a distance of 1.2 meters to 1.5 meters (four feet to five feet) above the water and no closer than one meter (3.3 feet) from the vertical projection of any part of the vessel in the area adjacent to the exhaust outlet(s).

(d) The meter shall be set for slow response and the A-weighting network.

(e) The observer reading the meter shall not be closer than arm's length from the microphone to minimize sound reflections.

(f) The applicable reading shall be the average sound level measured during a period when the background sound level is at least ten dB lower than the measured sound level. Background sound level includes wind effects, noise from vessels other than the one being measured, wave action, vessel wakes, and other extraneous noises. Peak readings of intermittent sound levels created by wave slaps or changes in sound level due to wave action and/or engine or motor speed variation shall not be included in the applicable reading.

(g) The observer shall record the applicable reading and the background sound levels taken immediately before and immediately after the applicable reading.

History

Statutory Authority: RCW 43.51.400. WSR 93-21-014, § 352-67-050, filed 10/11/93, effective 11/11/93.

Chapter 352-68 Water trail programs.

Wash. Admin. Code § 352-68-010 Purpose.

(1) This chapter:

(a) Establishes procedures by which the Washington state parks and recreation commission will administer grants supported by water trail program funds; and

(b) Provides for issuance and use of water trail permits; and

(2) The commission retains the authority pursuant to RCW 43.51.442 and 43.51.444 to enter into nongrant contracts with any public agency, tribal government, entity, or person to develop and implement water trail programs. Such contracts are not subject to this chapter.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-010, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-020 Definitions.

When used in this chapter the following words and phrases shall have the meanings designated in this section:

"Commission" means the Washington state parks and recreation commission.

"Director" means the director of the Washington state parks and recreation commission or the director's designee.

"Site" means a designated area and the fixtures and improvements thereon or nearby provided to people traveling the water trail for their overnight stays ashore.

"Water trail program funds" means the funds deposited in the water trail program account administered by the Washington state parks and recreation commission pursuant to this chapter and chapter 43.51 RCW.

"Water trail system" means a network of designated water trail sites strategically located for the convenience, and use of holders of water trail permits when traveling from site to site.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-020, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-030 Water trail program funds.

Water trail program funds may be used by the commission solely for water trail program purposes, including, but not limited to, grants for planning, acquisition, development, maintenance, operation and administration of a water trail program and a water trail system of sites and water trail access and launching areas and facilities, such as sanitary facilities, trails, camping areas, and equipment, and for enforcement, education and information programs. Sites for which water trail program funds are used shall be open to holders of a water trail permit.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-030, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-040 Funding priorities.

The unranked priorities for the water trail program grant funds are:

(1) Administering a water trail program which includes safety education and trail information;

(2) Incorporating public land holdings into the water trail system, with emphasis on reducing distances between sites and providing alternate routes through scenic areas;

(3) Developing sites that minimize the potential for conflict with other users of public lands;

(4) Developing, in cooperation with public and private entities, programs, regulations, site improvements, and equipment that minimize maintenance costs and reduce impacts of trail use on sites and adjacent areas;

(5) Acquiring new sites for the water trail system;

(6) Conducting studies of the interaction of the trail system, its users, and the public to guide future development of the trail system;

(7) Supporting special water trail programs; and

(8) Other water trail program needs as may be determined by the commission.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-040, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-050 Eligibility.

Any municipal corporation, public agency, or tribe in the state of Washington is eligible to apply for grants of water trail program funds to support up to one hundred percent of the cost of the water trail programs.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-050, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-060 Application process.

Applicants for water trail program grant funds must:

(1) Complete an application form and timely file it with the commission.

(2) File documentation of permission to conduct the proposed program from all owners of land on which the program is to occur.

(3) Comply with applicable laws and ordinances.

(4) Agree to:

(a) File an annual report with the commission on the funded program by January 15 following receipt of the program funds;

(b) Return, or replace in kind, to the commission, any losses of grant funds, if due to the action of a recipient of funds, or unspent grant funds if a program is not completed in a timely manner or is canceled;

(d) Fulfill all obligations of the grant contract.

(5) Certify to the commission that any facility for which funds are received will be open to all holders of a water trail permit for, at minimum, the period of time specified in the grant contract.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-060, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-070 Grant selection.

The selection process which will be used by the commission in the review and disbursement of water trail grant funds is as follows:

(1) Applications will be reviewed by state parks staff to determine eligibility and consistency with the requirements of this chapter.

(2) The director will receive and consider the recommendations of the water trails advisory committee and will present final recommendations to the commission.

(3) The commission retains the authority and responsibility to make the final decision concerning the grant of funds.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-070, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-080 Disbursement of funds.

The commission may disburse funds for approved water trail programs either:

(1) After submittal of a billing indicating satisfactory compliance with contractual obligations; or

(2) In the case of municipal corporations or other public agencies, in advance payment upon written request to and approval by the director.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-080, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-090 Accountability.

Recipients of water trail program funds shall maintain accurate accounting records on the expenditure of funds, provide the commission with these records upon request, and permit the commission to audit the use of the funds.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-090, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-100 Water trail permit—Issuance.

Permits will be issued on a calendar year basis by the commission or its designee upon payment of the permit fee as published by state parks. A valid permit entitles the holder to the use of all designated water trail sites that are open for public use.

History

Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-68-100, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-100, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-110 Water trail permit—Inspection.

Any person using a designated water trail site shall carry the water trail permit and make it available for inspection when requested by an authorized agent. A violation of this section shall constitute a civil infraction as provided in RCW 43.51.454.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-110, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-120 Water trail use regulations.

Guidelines for use of water trails shall be distributed with the water trail permit. Use of commission owned or commission administered sites shall be subject to all applicable public use regulations of the commission.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-120, filed 11/3/94, effective 12/4/94.

Wash. Admin. Code § 352-68-130 Severability.

Should any section of the foregoing regulations be found invalid, the remainder of the regulations shall remain in full force and effect.

History

Statutory Authority: RCW 43.51.440. WSR 94-23-009, § 352-68-130, filed 11/3/94, effective 12/4/94.

Chapter 352-70 The state boating accident reporting program.

Wash. Admin. Code § 352-70-010 What is the state boating accident reporting program?

The state boating accident reporting program sets out the procedures, established under RCW 79A.60.200, boat operators must use to report pertinent boating accident information to the law enforcement agency having jurisdiction where an accident occurs. Through this program, all reports of boating accidents are forwarded to the Washington state parks and recreation commission for the confidential use of government agencies for analysis and development of accident prevention programs or as otherwise permitted by RCW 79A.60.210. The state boating accident reporting program is consistent with the regulations administered by the United States Coast Guard.

History

Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-010, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. WSR 93-20-018, § 352-70-010, filed 9/24/93, effective 10/24/93
WSR 84-01-060 (Order 73), § 352-70-010, filed 12/19/83.

Wash. Admin. Code § 352-70-020 What words and phrases are used in the state boating accident reporting program?

Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

(1) "Commission" means the Washington state parks and recreation commission.

(2) "Operator" means an individual who steers, directs, or otherwise has control of a vessel that is underway or exercises actual authority to control the person at the helm.

(3) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

(4) "Use" means operate, navigate, or employ.

(5) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

(6) "Waters of Washington state" means any waters within the territorial limits of Washington state.

Reviser's note: The permanent filing 08-24-004 contained no amendments to this section.

Wash. Admin. Code § 352-70-030 Which vessels are subject to the state boating accident reporting program?

(1) The requirements for reporting boating accidents apply to each vessel used on the waters of Washington state that:

(a) Is used by its operator for recreational purposes; or

(b) Is required to register in accordance with chapter 88.02 RCW.

(2) This chapter does not apply to each vessel subject to inspection under U.S. Code Title 46 Chapter 33 INSPECTION GENERALLY.

History

Statutory Authority: Chapter 79A.05 RCW, RCW 79A.05.030, 79A.05.070 and chapter 79A.60 RCW. WSR 08-24-004, § 352-70-030, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-030, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. WSR 84-01-060 (Order 73), § 352-70-030, filed 12/19/83.

Wash. Admin. Code § 352-70-035 Who is required to submit a boating accident report and under what conditions?

(1) The operator of the vessel must submit a boating accident report when the vessel or its equipment is involved in an occurrence that results in any of the conditions found in subsection (3) of this section.

(2) When the operator of the vessel cannot submit the boating accident report required by this section, the owner shall submit the report, and, if the owner cannot submit the report, the law enforcement agency that has jurisdiction where the accident occurred shall submit the report on behalf of the owner.

(3) A boating accident report is required to be submitted as specified in subsections (1) and (2) of this section whenever any of the following conditions involving a vessel or its equipment has occurred:

(a) A person dies;

(b) A person is injured and requires medical treatment beyond first aid;

(d) A vessel is a complete loss; or

(e) A person disappears from the vessel under circumstances that indicate death or injury.

History

Statutory Authority: Chapter 79A.05 RCW, RCW 79A.05.030, 79A.05.070 and chapter 79A.60 RCW. WSR 08-24-004, § 352-70-035, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-035, filed 12/21/00, effective 1/21/01.

Wash. Admin. Code § 352-70-040 How does the operator of a vessel report a boating accident?

The operator of a vessel involved in a boating accident or the owner of the vessel reporting for the operator must complete and submit a written boating accident report to the law enforcement agency that has jurisdiction where the accident occurred within the specified times listed here:

(1) Within forty-eight hours of the occurrence if a person dies within twenty-four hours of the accident;

(2) Within forty-eight hours of the occurrence if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and

(3) Within ten days of the occurrence or death for all other boating accident reports.

(4) All reports must be submitted on the state boating accident report form published by the commission as defined in WAC 352-70-050.

History

Statutory Authority: Chapter 79A.05 RCW, RCW 79A.05.030, 79A.05.070 and chapter 79A.60 RCW. WSR 08-24-004, § 352-70-040, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-040, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. WSR 93-20-018, § 352-70-040, filed 9/24/93, effective 10/24/93
WSR 84-01-060 (Order 73), § 352-70-040, filed 12/19/83.

Wash. Admin. Code § 352-70-050 What information must be provided on the state boating accident report form?

The state boating accident report form published by the commission must be completed in writing, signed and dated by the person completing it and must contain the following information about the boating accident:

(1) The registration numbers and names as documented of each vessel involved.

(2) The name and address of each owner of each vessel involved.

(3) The name of the nearest city or town, the county, the state, and the body of water.

(4) The time and date the accident occurred.

(5) The location on the water.

(6) The visibility, weather, and water conditions.

(7) The estimated air and water temperatures.

(8) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator of the vessel making the report.

(9) The name and address of each operator of each other vessel involved.

(10) The number of persons on board and towed on skis by each vessel.

(11) The name, address, and date of birth of each person who was injured, died, or disappeared.

(12) The cause of each death.

(13) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.

(14) The name and address of each owner of property involved.

(15) The number, availability, and use of personal flotation devices.

(16) The type and amount of each fire extinguisher used.

(17) The nature and extent of each injury.

(18) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

(19) A description of each equipment failure that caused or contributed to the cause of the accident.

(20) A description of the vessel accident.

(21) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other) and the type of accident (capsizing, sinking, fire, explosion, or other).

(22) The opinion of the person making the report as to the cause of the accident including whether or not alcohol or drugs, or both, was a cause or contributed to causing the accident.

(23) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horse power, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year) of the vessel of the person making the report.

(24) The name, address, and telephone number of each witness.

(25) The manufacturer's hull identification number, if any, of the vessel of the person making the report.

(26) The name, address, and telephone number of the person submitting the report.

History

Statutory Authority: Chapter 79A.05 RCW, RCW 79A.05.030, 79A.05.070 and chapter 79A.60 RCW. WSR 08-24-004, § 352-70-050, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-050, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. WSR 93-20-018, § 352-70-050, filed 9/24/93, effective 10/24/93
WSR 84-01-060 (Order 73), § 352-70-050, filed 12/19/83.

Wash. Admin. Code § 352-70-060 How is a boating accident report submitted to the commission?

The law enforcement agency that has jurisdiction where a boating accident occurs must submit the state boating accident report form within ten days of receiving, or completing the report to the commission at the following address:

Washington State Parks and

Recreation Commission

Boating Programs

1111 Israel Road

P.O. Box 42654

Olympia, Washington 98504-2654

History

Statutory Authority: Chapter 79A.05 RCW, RCW 79A.05.030, 79A.05.070 and chapter 79A.60 RCW. WSR 08-24-004, § 352-70-060, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 79A.05.310(4). WSR 01-02-021, § 352-70-060, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. WSR 93-20-018, § 352-70-060, filed 9/24/93, effective 10/24/93
WSR 84-01-060 (Order 73), § 352-70-060, filed 12/19/83.

Chapter 352-74 Filming within state parks.

Wash. Admin. Code § 352-74-010 Purpose.

This chapter is promulgated in order to establish procedures for the issuance of permits for filming/still photography within state parks.

The agency permits commercial filming and still photography when it is consistent with the park's mission and will not harm the resource or interfere with the visitor experience.

All commercial filming activities taking place within a park require a permit. Commercial filming includes capturing a moving image on film and video as well as sound recordings.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-010, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-010, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-010, filed 10/2/84.

Wash. Admin. Code § 352-74-020 Definitions.

(1) "Applicant" shall mean an individual or organization who submits an application to the director to film within state parks for other than personal or news purposes.

(2) "Commission" shall mean the Washington state parks and recreation commission.

(3) "Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.

(4) "Film and filming" shall mean capturing a movie image magnetically or digitally and "still photography" means capturing a single, nonmovie image with film or magnetic or digital media.

(5) "Film maker" shall mean an applicant who has received approval to film within state parks through the issuance of a filming permit by the director or designee.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-020, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 94-23-010, § 352-74-020, filed 11/3/94, effective 1/1/95
WSR 84-20-070 (Order 82), § 352-74-020, filed 10/2/84.

Wash. Admin. Code § 352-74-030 Filming/still photography within state parks.

The commission recognizes the desire of individuals and organizations to film/still photography within the state parks. Individuals and organizations may film/still photography within state parks in a manner which is not disruptive to park users or resources when the filming/still photography is for personal or news purposes. Individuals and organizations that desire to film/still photography within state parks for other than personal or news purposes may do so only in accordance with the film/still photography permit requirements of this chapter and subject to the discretion of the commission as otherwise set forth herein.

Filming/still photography for strictly educational purposes may have some or all of the applicable fees waived.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-030, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-030, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-74-030, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-030, filed 10/2/84.

Wash. Admin. Code § 352-74-040 Film/still photography permit application.

Persons or organizations that desire to film/still photography within a state park for other than personal or news purposes shall submit a completed film/still photography permit application with the appropriate fees to the appropriate location:

| Eastern Region 270 9th Street N.E. Suite 200 East Wenatchee, WA 98802 | Fort Worden State Park 200 Battery Way Port Townsend, WA 98368 | | --- | --- | | Northwest Region 220 N. Walnut Street Burlington, WA 98233 | | | Southwest Region P.O. Box 42650 Olympia, WA 98504 | |

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-040, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-040, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 94-23-010, § 352-74-040, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. WSR 94-08-005, § 352-74-040, filed 3/24/94, effective 5/1/94. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-74-040, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-040, filed 10/2/84.

Wash. Admin. Code § 352-74-045 Filming/still photography fees.

(1) Permit application fee - Each application shall be accompanied by the appropriate application fee, based on the amount of time between the date of application and the date of facility use, which shall be in the form of a check or money order payable to the Washington state parks and recreation commission.

(2) Site location fee - Prior to commencing filming/still photography activities or otherwise as specified by the director or designee, each applicant shall pay an additional site location fee, set by the director or designee based on the magnitude and duration of the impact on park resources and normal public use, the uniqueness of the site, and such other considerations as the director or designee deem appropriate.

(3) Previous filming/still photography which is later commercially merchandised will be subject to the same rules and provisions as new projects described herein.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-045, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-045, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040 and [43.51.]060. WSR 95-22-067, § 352-74-045, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. WSR 94-23-010, § 352-74-045, filed 11/3/94, effective 1/1/95.

Wash. Admin. Code § 352-74-050 Approval or disapproval of film/still photography permit application.

The director or designee shall approve or disapprove a film/still photography permit application and establish the filming locations, time periods, and conditions for an approved application.

The director or designee may require an approved applicant to submit the following to the commission prior to the issuance of a film/still photography permit:

(1) Fees payable to the Washington state parks and recreation commission in the form of a check or money order in an amount, as determined by the director or designee, which covers the charges for the facilities to be used by a film maker/still photographer and any staff costs to be incurred by the commission due to the filming that are beyond the regular responsibilities of the staff of the commission;

(2) A bond or damage deposit payable to the Washington state parks and recreation commission in an amount, as determined by the director or designee, which is sufficient to cover any damages to park resources or facilities which may occur during the filming/still photography; and

(3) Certification that an approved applicant has liability insurance in an amount, as determined by the director or designee, which is sufficient to cover any liability costs associated with the actions of a film maker/still photographer during filming.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-050, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-050, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-050, filed 10/2/84.

Wash. Admin. Code § 352-74-060 Issuance and revocation of film/still photography permit.

The director or designee, shall issue a film/still photography permit to an approved applicant after the applicant has submitted any fees, bond, damage deposit, and insurance certification established pursuant to WAC 352-74-050 and has demonstrated in its application or otherwise to the satisfaction of the director that filming/still photography:

(1) Is compatible with the activities of park visitors;

(2) Will not damage facilities or resources, or interfere with park operations;

(3) Will not disrupt wildlife;

(4) Will not imply the endorsement of the commission for the content of the film;

(5) Will acknowledge the cooperation of the commission;

(6) Is not inconsistent in the judgment of the director with the purposes for, or conditions on which, the property where the filming is to take place was acquired; and

(7) Will conform with all of the applicable statutes, rules, policies, and procedures of the commission, and the instructions of the commission staff who supervise the filming/still photography.

If a film maker/still photographer does not comply with all of the applicable statutes, rules, policies, and procedures of the commission, the conditions upon which the permit was granted, and the instructions of the commission staff who supervise the filming/still photography, then the director or designee shall revoke the film/still photography permit.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-060, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-060, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 94-23-010, § 352-74-060, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-74-060, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-060, filed 10/2/84.

Wash. Admin. Code § 352-74-070 Additional fees and release of bond or damage deposit.

After completion of filming/still photography the director or designee shall determine if any additional fees are to be assessed a film maker/still photographer and whether or not any bond or damage deposit submitted by a film maker/still photographer may be released.

If the director or designee determines that no additional fees are to be assessed and that a bond or damage deposit is to be released, then a bond or damage deposit shall be returned to a film maker/still photographer.

If the director or designee determines that additional fees are to be assessed or that a bond or damage deposit is not to be released, then the film maker/still photographer shall be so informed.

If a film maker/still photographer pays additional fees in the form of a check or money order payable to the Washington state parks and recreation commission which is submitted to the director within thirty days of receipt of the notice to pay the fees, then the director or designee shall return a bond or damage deposit to a film maker/still photographer.

If a film maker/still photographer does not pay additional fees within the time period and in accordance with the procedures set forth above, then the director or designee shall exercise the rights of the commission under a bond or damage deposit to pay the additional fees and so inform a film maker/still photographer or exercise any such other legal rights as may be available.

History

Statutory Authority: RCW 79A.05.030 and 79A.05.035. WSR 13-15-020, § 352-74-070, filed 7/8/13, effective 8/8/13. Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. WSR 08-24-006, § 352-74-070, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. WSR 94-23-010, § 352-74-070, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.040 and 43.51.060. WSR 88-07-074 (Order 103), § 352-74-070, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. WSR 84-20-070 (Order 82), § 352-74-070, filed 10/2/84.

Chapter 352-75 Boat sewage pumpout contract program.

Wash. Admin. Code § 352-75-010 Purpose.

The purpose of this chapter is to set forth the parameters for the distribution and uses of moneys administered by the parks and recreation commission. A portion of the income is derived from the watercraft excise tax pursuant to RCW 82.49.030(3). These moneys shall provide financial assistance to applicants throughout the state of Washington for the construction of sewage pumpout or sewage dump station facilities which will aid the achievement of clean waterways throughout the state of Washington.

To prevent the despoliation of the waters in Washington state, to provide adequate opportunities for the responsible disposal of boat sewage, and to obtain the most benefits for the state in protecting valuable recreational resources, the sewage pumpout and sewage dump station program was developed and criteria established for the award and use of funds made available pursuant to RCW 88.36.100(2). This chapter and chapter 88.36 RCW set forth the following:

(1) The limitations on the allocation and uses of the funds;

(2) The criteria to be considered for determining who will be eligible to receive funds;

(3) The process to be followed for awarding the funds; and

(4) Other related issues.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-010, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-010, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-020 Definitions.

When used in this chapter or chapter 88.36 RCW, the following words and phrases shall have the meaning designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

(1) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.

(2) "Boater" means any person on a vessel on waters of the state of Washington.

(3) "Boat wastes" shall include, but are not limited to, sewage, garbage, marine debris, discarded plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.

(4) "Commission" means the Washington state parks and recreation commission.

(5) "Director" means the director of the Washington state parks and recreation commission, pursuant to RCW 43.51.060(8).

(6) "Eligible cost" for sewage pumpout and sewage dump stations means the cost of that portion of the facility that can be financed under the provisions of this chapter and guidelines developed pursuant to this chapter.

(7) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

(8) "Final offer list" is the list of projects approved by the commission which can receive funding from the account during the time period that the offer list is effective.

(9) "Financial recipient" is the entity which has been awarded a contract with state parks to receive funding for the construction of a sewage pumpout or sewage dump station.

(10) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

(11) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes or other pollutants at unacceptable levels, based on applicable water quality and shellfish standards.

(12) "Private entity" means any individual firm, corporation, association, partnership, consortium, joint venture, industry, or any other nonpublic entity which operates or has the potential to operate a boat sewage pumpout or portable sewage dump station facility.

(13) "Project" means sewage pumpout or sewage dump station facility(ies) for which a public or private entity applies for and receives funding or financial assistance.

(14) "Priority ranking list" means the list of rated and ranked projects for which state financial assistance is requested.

(15) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

(16) "Sewage dump station" means any receiving chamber or tank designed to receive vessel sewage from a portable container.

(17) "Sewage pumpout station" means a mechanical device, generally stationed on a dock, pier, float, barge, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-020, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-020, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-030 Contract eligibility.

(1) The commission may award contracts to public, tribal, or private owned marinas, boat launches, or boater destination sites. The commission shall designate a marina, boat launch, or boater destination as eligible to apply for funding for the installation of a sewage pumpout or sewage dump station based on the following criteria:

(a) The marina, boat launch, or boater destination is located in an environmentally sensitive or polluted area; or

(b) The marina, boat launch, or boater destination site has one hundred twenty-five slips or more and there is a lack of sewage pumpouts within one-quarter mile.

(2) The commission may at its discretion designate a marina, boat launch, or boater destination as eligible to apply for funding for the installation of a sewage pumpout and/or sewage dump station if it meets the following criteria:

(a) There is a demonstrated need for a sewage pumpout or sewage dump station at the marina, boat launch, or boater destination based on professionally conducted studies undertaken by federal, state, or local government, or the private sector; and

(b) The marina, boat launch, or boater destination provides commercial services, such as sales of food, fuel, or supplies, or overnight or live-aboard moorage opportunities; or

(c) The marina, boat launch, or boater destination site is located at a heavily used boater destination or on a heavily traveled route as determined by the commission; or

(d) There is a lack of adequate sewage pumpout station capacity within one-quarter mile.

(3) The commission may make exceptions to the eligibility to apply for funding for the installation of sewage pumpout and/or sewage dump station requirements under subsection (2) of this section if the marina, boat launch, or boater destination lacks available sewer, septic, water, or electrical services.

(4) State parks shall notify owners or operators of marinas, boat launches, and destination sites of the availability of funding to support installation of appropriate sewage pumpout or sewage dump stations. State parks shall also notify such operators or owners of which waters of the state have been designated as environmentally sensitive or polluted for the purpose of this program.

(5) State parks will provide all financial recipients with a set of financial guidelines for contract administration. These guidelines will include all state forms and will describe in detail state procedures for recordkeeping, reporting, reimbursement, and auditing.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-030, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-030, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-040 Application process.

To be considered by the commission for receipt of sewage pumpout or sewage dump station funds a potential eligible public or private entity must:

(1) Submit a letter of intent to state parks.

(2) Complete an application form prescribed by state parks on or before the filing date set by state parks in the application form.

(3) Agree that funds are available on a reimbursement basis only.

(4) Include a copy of the applicant's shoreline substantial development permit with the application.

(5) If a public and/or tribal entity, submit documentation of SEPA compliance with the application.

(6) If a private entity, submit an environmental checklist with the application.

(7) Agree to complete all construction by established completion date.

State parks will review all applications for compliance with the minimum qualification requirements as set forth in RCW 88.36.040 and chapter 352-75 WAC. Applicants which do not meet the minimum qualifications will be notified in writing of the disqualification. Applications will be evaluated and ranked in accordance with the following criteria:

(a)(i) Approval of site by local jurisdiction;

(ii) Proximity to existing sewage pumpout or sewage dump stations;

(iii) Resource sensitivity;

(iv) Boater use;

(v) Size of marina;

(vi) Economics of installation;

(vii) Feasibility of installation; and

(viii) Geographic balance.

(b) Based on the process set forth in subsection (1) of this section, state parks shall establish a priority ranking list. This list will rank all qualified applications in a priority order. The priority ranking list will be available for thirty days for public review and comment. One or more public hearings may be conducted if state parks determines there is significant public interest. Comments received during the public review period will be considered before the priority ranking list is submitted to the commission for final approval. State parks staff shall provide the commission with preliminary evaluations and rankings of the applications to include a summary of each proposal recommended for funding. The commission will consider the recommendations received from state parks staff and adjust the ranked list of applications based on the information provided to them, if desired, and approve the applications. As a result of the commission's decision, a final offer list will be developed and issued. If an applicant on a final offer list does not sign a contract with the commission within ninety days of the list publication, the offer is automatically cancelled, and the applicant must reapply and compete for funding during a new funding cycle.

(c) Once an applicant has contracted to participate in the boat sewage pumpout or sewage dump station program, he/she must provide state parks with:

(i) A finished final design approved and stamped by a professional engineer. Said design must be submitted to and approved by state parks prior to any construction activity.

(ii) Complete plans, specifications, and cost estimates.

(iii) Assurance through a certified statement that the bidding, contracting, and construction activities comply with the applicable portions of Title 39 RCW.

(iv) At the conclusion of the construction the applicant will provide state parks with:

(A) Contractor's billings;

(B) A19-1 invoice vouchers for reimbursement;

(D) Copies of all bids;

(E) Copies of all change orders;

(F) A copy of the original public works contract if a public entity, or a copy of the original contract with the general contractor if a private entity; and

(G) A copy of the contractor's performance bond.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-040, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-040, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-050 Use of funds.

Funds in the boat sewage pumpout and sewage dump station program shall only be used to contract with public and private entities to install sewage pumpout or sewage dump stations located on fresh waters and salt waters.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-050, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-050, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-060 Ongoing cost.

Each financial recipient shall comply with the requirements set forth in RCW 88.36.050 and this chapter. It shall further monitor the use of its sewage pumpout and dump station unit and report such usage to state parks not later than thirty days after the 31st day of December for the preceding year in the format prescribed by state parks.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-060, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-060, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-070 Equipment breakdown.

Each financial recipient is responsible for the upkeep or preservation of condition of its sewage pumpout and dump station facility, including cost of ordinary repairs necessary and proper from time to time for that purpose. In the event an equipment breakdown does occur, the financial recipient must notify state parks within two working days of the breakdown. The facility must be repaired and be fully operational within ten days after the breakdown where the breakdown can be cured with normal expected repairs of five hundred dollars or less. For repairs greater than five hundred dollars, the facility must be fully operational within twenty days after the breakdown. A written report for all breakdowns must be submitted to state parks within two weeks of the breakdown describing the problem(s), repair(s), and cost(s). State parks reserves the right to make exceptions to the breakdown repair time limits in extenuating circumstances.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-070, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-070, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-080 General contract provisions.

Contracts entered into with the commission shall be under the guidelines of RCW 88.36.050 and this chapter. Each contract shall include but not be limited to the following provisions:

(1) Term and acceptance of contract.

(2) Scope of project and maximum project costs.

(3) Maximum project costs and budget adjustments.

(4) Design and construction.

(5) Reimbursement.

(6) Governing law.

(7) Severability.

(8) Dispute resolution.

(9) Negotiation period.

(10) Termination.

(11) Survival.

(12) Ownership.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-080, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-080, filed 4/30/90, effective 5/31/90.

Wash. Admin. Code § 352-75-090 Spill reporting and cleanup.

In the event that materials from the boat sewage pumpout and dump station spill in the marina, boat launch, or boat destination areas, the financial recipient shall promptly commence and complete cleanup of the area and shall notify state parks within forty-eight hours of any spill which is otherwise required to be reported to any federal, state, or local regulatory agency.

History

Statutory Authority: Chapters 43.51 and 88.36 RCW. WSR 91-15-103, § 352-75-090, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.51.050. WSR 90-10-052, § 352-75-090, filed 4/30/90, effective 5/31/90.

Chapter 352-76 Clean vessel program funding.

Wash. Admin. Code § 352-76-010 What is the purpose of clean vessel program funding?

The purpose of this program is to provide funds for the purchase, construction, and renovation of boat sewage disposal facilities and to provide funds for boater environmental education activities. Funding for this program will come from federal and state funds. This chapter establishes the procedures by which state parks will award funds for clean vessel projects and the conditions related to the use of the funds.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-010, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-010, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-020 How are the words and phrases used in this chapter?

(1) "Boat sewage disposal facility" means a mechanical or static device, fixed or portable, generally stationed on a dock, pier, float, barge, vessel or other location convenient to boaters, designed to remove sewage waste from recreational vessels, including pumpouts, dump stations, and floating restrooms.

(2) "Boater" means any person on a recreational vessel on waters of the state of Washington.

(3) "Commission" means the Washington state parks and recreation commission.

(4) "Director" means the director of the Washington state parks and recreation commission or designee.

(5) "Plan" is the comprehensive plan for boat sewage disposal for Washington state.

(6) "Recreational vessel" means a watercraft manufactured for operation, or operated, primarily for pleasure. This term includes any watercraft leased, rented, or chartered to another for the latter's pleasure.

(7) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-020, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-020, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-030 Who is eligible for clean vessel program funding?

Owner(s) of public, tribal or private marinas, boat launches, state, local or municipal park districts, boater destination sites, marine service enterprises, schools, public agencies, nonprofit or not-for-profit organizations, and boating and environmental organizations are eligible to apply for the funds.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-030, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-030, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-040 What activities are eligible for clean vessel program funding?

(1) The director will select those activities that are eligible for funding from the following list and publish them in the current application package:

(a) Construction/renovation of boat sewage disposal facilities used solely by boaters.

(b) Any activity necessary to hold and transport sewage to sewage treatment plants, such as holding tanks, piping, and haulage costs.

(d) Any education/information project to educate/inform boaters about environmental pollution problems including those resulting from sewage discharges from recreational vessels or other boater practices, to inform them of the location of pumpout and dump stations, and to encourage environmentally responsible behavior.

(2) The following activities are ineligible:

(a) Activities that do not provide public benefits.

(b) Enforcement activities.

(d) Construction/renovation, operation and maintenance of on-site sewage treatment plants, such as package treatment plants and septic systems, and of municipal sewage treatment plants for primary and secondary treatment unless approved by U.S. Fish and Wildlife Service.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-040, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-040, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-050 Are there any limitations on the availability and use of funds?

(1) The director may establish limitations on the availability and use of clean vessel program funds for a funding application period when the director believes that doing so would assist the commission in providing for an efficient network of boater sewage disposal facilities or specific environmental education projects. Any limitations shall be defined in the current application package. The director shall establish such limitations only after considering the following:

(a) Consistency with the plan.

(b) Availability of funds.

(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.

(3) The director may limit the amount of funding available for any element(s) of a project.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-050, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-050, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-060 How does one apply for funding?

In order to be considered for receipt of a boat sewage disposal or educational grant, an eligible applicant must complete and submit an application form provided by state parks following the instructions provided in the form.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-060, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-060, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-070 What criteria will be used to evaluate applications?

The following criteria are used to evaluate applications:

(1) For boat sewage disposal facility applications:

(a) Proposals that provide for public/private partnerships;

(b) Proposals that provide for innovative ways to increase the availability and use of boat sewage disposal facilities;

(d) Proposals in areas with a high vessel/boat sewage disposal facility ratio;

(e) Proposals which show consideration for the economics of installation or implementation to provide greatest cost benefit ratio, e.g., where private parties put in more than the minimum amount;

(f) Proposals which contribute to the statewide network of facilities or programs in terms of proximity to existing facilities and geographic balance;

(g) Proposals which demonstrate their compatibility with the plan.

(2) For education or information applications:

(a) Proposals which encourage sound environmental practices through changing boater behavior;

(b) Proposals which target sensitive areas as defined in the plan;

(d) Proposals targeted to areas of high boater use;

(e) Proposals which demonstrate innovative approaches to education or information;

(f) Proposals which provide for public/private partnerships.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-070, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-070, filed 6/13/94, effective 7/14/94.

Wash. Admin. Code § 352-76-075 How will projects be selected for funding?

(1) Applications will be reviewed by state parks staff to determine eligibility and will be evaluated against the criteria in this chapter.

(2) Staff will consult with and consider the recommendations of the boating environmental committee of the state parks boating safety council and will present final recommendations to the director.

(3) The director shall make the final decision on funding a project.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-075, filed 3/10/98, effective 4/10/98.

Wash. Admin. Code § 352-76-080 What conditions are placed on the use of funds?

The following conditions apply to the use of the funds:

(1) Project contract. For every funded project a contract must be executed by the director on behalf of the commission and by the funding recipient. Generally, the funding recipient will not be reimbursed for costs incurred prior to the execution of the contract by both parties.

(2) Technical standards. The funding recipient for boat sewage disposal facilities shall ensure that design and installation of the facilities are in accordance with the technical standards provided by state parks.

(3) Signage.

(a) Boat sewage disposal facilities. A national symbol provided by state parks shall be installed to be clearly visible to direct boaters entering the boat sewage disposal facility. Appropriate information shall be provided indicating fees, restrictions, hours of operation, operating instructions, and a contact name and telephone number if the facility is inoperable.

(b) Educational/information projects. Signage must be appropriate to local conditions and address local environmental needs. The clean vessel symbol provided by state parks shall be used in all signage.

(4) Public access. All recreational vessels must have access to boat sewage disposal facilities funded under this grant program. Facilities shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the full period of their useful life.

(5) Operation and maintenance. All facilities funded under this program shall be operated and maintained by the funding recipient for the full period of their useful life. All structures and related assets are to be used for their stated purpose.

(6) Reporting requirements. The funding recipient shall submit the reports required by state parks as directed in the funding contract.

(7) Compliance with state and federal laws, regulations, and policies. In accepting project funding, the funding recipient must agree to and certify compliance with all applicable federal and state laws, regulations and policies.

(8) Accountability. Funding recipients shall maintain accurate accounting records on the expenditure of project funds, provide state parks with these records consistent with the agreement or upon request, and permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards. State parks reserves the right to terminate its participation in any project which fails to perform according to the requirements of this chapter.

(9) Fees charged. A maximum five-dollar fee may be charged, with no justification, for use of boat sewage disposal facilities constructed, operated or maintained with grant funds. If higher fees are charged, they must be justified and approved by the director prior to charging a higher fee. Proceeds shall be retained, accounted for, and used by the operator to defray operation and maintenance costs as long as the facility is needed and it serves its intended purpose. The maximum fee shall be evaluated for inflation as determined by the director.

History

Statutory Authority: RCW 88.12.235. WSR 98-07-021, § 352-76-080, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 88.12.325. WSR 94-13-082, § 352-76-080, filed 6/13/94, effective 7/14/94.

Chapter 352-78 Boating safety education program.

Wash. Admin. Code § 352-78-010 What is the purpose of the mandatory boating safety education program?

The purpose of this program is to inform boaters of the requirements of sections 1 through 5, chapter 392, Laws of 2005, directing the commission to implement a program of mandatory boat operator education.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-010, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-020 What do the words and phrases in this chapter mean?

When used in this chapter, the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

(1) "Accredited boating safety course" means a National Association of State Boating Law Administrators (NASBLA) and commission-approved course of instruction that concludes with an examination containing at least fifty questions plus a minimum of ten questions specific about Washington boating laws.

(2) "Accredited boating safety course provider" is a person or organization that provides a NASBLA-approved boating safety course or equivalency exam and has been accredited by the commission.

(3) "Aquatic invasive species" means a nonnative species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.

(4) "Bill of sale" is a document showing date of vessel purchase.

(5) "Boater" is any person on a vessel on the waters of the state of Washington;

(6) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's database.

(7) "Boating educator" means a person providing an accredited course.

(8) "Certificate of accomplishment" means a form provided by the commission and issued by a boating educator to a person who has successfully completed an accredited boating safety course. An official card or certificate issued by the United States Coast Guard Auxiliary or United States Power Squadrons to a person for successful completion of their boating safety education course is also recognized by the commission as a certificate of accomplishment.

(9) "Correspondence course and self-test" means a boating safety course and examination approved by the commission that allows individuals who are unable to participate in a boating safety class or equivalency exam a means of providing proof of competency.

(10) "Commission" means the Washington state parks and recreation commission.

(11) "Direct supervision" occurs when a person possessing or exempt from having to possess a boater education card maintains close visual and verbal contact with, provides adequate direction to, and can immediately assume control of a motor vessel from an operator of a motor vessel who is allowed to operate a motor vessel without a boater education card.

(12) "Equivalency exam" is an exam created by the commission containing at least fifty questions plus a minimum of ten specific questions that cover laws and other issues pertaining to boating in Washington. The equivalency exam is intended to provide experienced boat operators with the opportunity to meet the minimum standard of boating safety education without having to take a boating safety course.

(13) "Motor vessel" means all boats and vessels which are propelled by machinery.

(14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for the operator of a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission.

(15) "Minimum standard of boating safety accomplishment" means a standard of proficiency established by the commission based on the standards set by the NASBLA that determines whether an applicant for a boater education card has met or exceeded the requirements of a boating safety course, equivalency exam or correspondence course and self-test.

(16) "NASBLA" means National Association of State Boating Law Administrators.

(17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

(18) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

(19) "Proctor" is a member of the United States Coast Guard Auxiliary, United States Power Squadrons, public official including county sheriff's deputy, city police officer, and/or other individual authorized by the commission to provide an accredited boating safety course or equivalency exam.

(20) "Proof of accomplishment" means evidence of having met the minimum standard for boating safety education accomplishment as determined by the commission.

(21) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

(22) "Rental agent" means any person who is authorized to act for the owner or employer of a recreational motor vessel rental or leasing agency.

(23) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.

(24) "Replacement boater education card" means a boater education card provided to a person who has already been issued a boater education card and has applied for a replacement of the card that has been lost, damaged, stolen, or otherwise is in need of replacement.

(25) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

(26) "Vessel registration" means a document issued by the department of licensing showing that all taxes and fees have been paid and acts as a permit for the vessel to be used on the waters of the state.

(27) "Waters of the state" means any waters within the territorial limits of Washington state.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-020, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-030 What is the process the commission will use to accredit a course provider?

(1) The commission will delegate to the director of the Washington state parks and recreation commission or designee the authority to establish minimum standards for a boating safety education program that are consistent with the education standards set by NASBLA and which shall include training on preventing the spread of aquatic invasive species. The commission shall approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States Coast Guard Auxiliary and the United States Power Squadrons. The commission shall strive to make its boating education course materials and testing opportunities available to culturally and linguistically diverse people who are English learners, and to facilitate making the boating education card available to such persons. The boating safety education program shall provide for the accreditation of a boating safety course or courses by boating educators. The commission shall:

(a) Follow the NASBLA process for course review and approval and shall review any course that is proposed by any private or public entity that desires to teach a course to the public for the purposes of obtaining a boater education card. The commission will make available to any interested prospective accredited boating safety course provider, forms in paper and electronic form, to be used to apply to the commission to become an accredited boating safety course provider. In order to be accredited by the commission, an accredited boating safety course provider that wants to issue a boater education card must issue only the commission's boater education card.

(b) Follow the NASBLA process for courses to be reviewed and reapproved if the provider wishes to continue the use of the course.

(d) Create a question pool that meets the NASBLA examination question standards to cover Washington state boating laws and regulations and make this part of any course to enable accredited boating safety course providers to meet NASBLA standards.

(e) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum.

(2) Any boater twelve years of age or older who completes a boating safety course that has met commission standards will be eligible to receive a boater education card upon application for such card and payment of appropriate fees. The commission will accept as proof of accomplishment or course completion:

(a) A copy of an original certificate from any course taken prior to July 1, 2005, provided that such course meets the NASBLA standards for Washington in effect at the time the course was taken.

(b) A letter from an accredited course provider that certifies that the named individual has taken and passed a boating safety course from this provider that met the acceptable course standards as of the date the course was given.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-030, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-040 What are alternative methods of obtaining a boating education card?

(1) Provide an opportunity for any person who so wishes, to demonstrate their boating safety knowledge by taking a commission-approved equivalency exam developed from the NASBLA and state question pools.

(2) Provide an opportunity for any person who so wishes, to take a commission-approved correspondence course and self-test.

(3) Provide an opportunity for any person who so wishes, to take a commission-approved internet course.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-040, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-050 How do I become eligible to obtain a commission-issued boater education card?

(1) A person required to possess a commission-issued boater education card in order to operate a motor vessel in Washington must meet the minimum standard for boating safety education accomplishment as set by the commission. The minimum standards for boating safety education accomplishment required by the commission are:

(a) Successful completion of a course or exam offered by an accredited boating safety course provider or proctor. Such courses or exams may include, but not be limited to, classroom, internet, correspondence, and proctored and unproctored exams.

(b) Possession of a certificate, card, or other official document issued by another state or country that is equivalent to the commission's boating safety course or equivalency exam.

(i) A certificate issued by the United States Power Squadrons, United States Coast Guard Auxiliary, the commission or other accredited boating safety course provider.

(ii) A certificate, card, or other official document issued by another state or country that is equivalent to the rules adopted by the commission.

(iii) Proof of accomplishment documentation must contain the name of the individual applying for the boater education card and be signed or otherwise certified by the issuing organization or agency.

(d) Boater education cards issued by the commission shall contain a unique number that corresponds to the individual named on the card. Commission-issued boater education cards are not transferable from one individual to another.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-050, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-060 How can I obtain a boater education card?

To obtain a commission-issued boater education card, a person must provide to the commission:

(1) A completed application on a form provided by the commission. The application form will require the name, address, date of birth and other identifying characteristics of the applicant as determined by the commission. Incomplete applications will be returned to the applicant.

(2) Provide proof of accomplishment consisting of a document verifying the applicant has successfully completed a boating safety course or equivalency exam.

(a) A copy of the original certificate issued by the United States Power Squadrons, United States Coast Guard Auxiliary, the commission or other accredited boating safety course provider, or a Canadian Pleasure Craft Operator's Card are acceptable proof of accomplishment; or

(b) A copy of the original certificate, card, or other official documents issued by another state or country whose boating safety course meets NASBLA minimum standards is acceptable proof of accomplishment; or

(c) A copy of the original Coast Guard motorboat operator's license, either valid or expired, is acceptable proof of accomplishment. A valid license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or a maritime certificate issued by the Canadian government; or

(d) A copy of the original valid commercial fishing license issued by the department of fish and wildlife.

(3) Proof of accomplishment documents must contain the name of the individual applying for the commission-issued boater education card.

(4) In the event the original document establishing proof of accomplishment is not available, a signed statement from an accredited boating safety course provider of a boating safety course stating that the individual has successfully completed a boating safety course or equivalency exam must be submitted to the commission.

(5) The commission may require the applicant to provide the original document establishing proof of accomplishment if the copy accompanying the application is illegible or the authenticity of the copy is not certain.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-060, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-070 What document can be used temporarily in lieu of a boater education card?

(1) The owner of a newly purchased motor vessel who is otherwise required to possess a commission-issued boater education card may use a copy of the bill of sale or vessel registration temporarily in lieu of a boater education card for no more than sixty consecutive days from the vessel date of purchase.

(2) A person, while waiting to obtain a commission-issued boater education card, may use a certificate of accomplishment for up to sixty days from date of issue to operate a motor vessel provided the original certificate of accomplishment is on board the vessel while it is being operated.

(3) A person residing in Washington who is otherwise required to possess a commission-issued boater education card and has received a certificate, card, or other official document issued by another state or country that is equivalent to Washington's boater education card may use the original of that document as a temporary education card and may operate a motor vessel in Washington for no more than sixty days from the date of residency provided the document is on board.

(4) A person who legally rents a motor vessel and is otherwise required to possess a commission-issued boater education card may use the required motor vessel safety operating and equipment checklist as a temporary education card and may operate the rental motor vessel in Washington for the term of the rental agreement but not longer than sixty consecutive days.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-070, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-080 How do I get a replacement for my commission-issued boater education card?

(1) A person may apply for a replacement boater education card from the commission if:

(a) They legally change their name; or

(b) The card is lost, stolen or destroyed.

(2) To obtain a replacement boater education card, an applicant must provide the commission with:

(a) A completed application on a form provided by the commission; and

(b) An affidavit signed by the applicant stating the circumstances that led to the loss or destruction of the original commission-issued boater education card; and

(c) A five-dollar fee for a replacement card paid in full in a manner determined by the commission and stated on the application form.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-080, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-090 How do the boater safety education program requirements affect rental operators and liveries?

(1) Beginning January 1, 2008, any person who provides a motor vessel for rent in Washington must require that the person who rents the motor vessel and all operators of the rental motor vessel who are required to have the commission-issued boater education card as provided by the phase-in schedule in WAC 352-78-100, show proof of possession of a boater education card before renting the person a motor vessel; or

(2) When the person who rents the motor vessel and all operators of the rented motor vessel do not possess a commission-issued boater education card, the rental agent must ensure that the person who rents the motor vessel and all operators of the craft:

(a) Reviews, initials, and signs the motor vessel safety operating and equipment checklist in the presence of the rental agent before they may operate the rental motor vessel; and

(b) Retains the issued copy of the motor vessel safety operating and equipment checklist on board when operating the motor vessel.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-090, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-100 What is the phase-in schedule for the mandatory boater safety education program?

(1) After January 1, 2006, the commission may issue boater education cards to anyone age twelve and older who submits a completed application, provides proof of accomplishment, and pays the fee required in this chapter. Possession of a commission-issued boater education card is not required until January 1, 2008.

(2) Beginning January 1, 2008, all individuals age twelve through twenty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(3) By January 1, 2009, all individuals age twelve through twenty-five are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(4) By January 1, 2010, all individuals age twelve through thirty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(5) By January 1, 2011, all individuals age twelve through thirty-five are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(6) By January 1, 2012, all individuals age twelve through forty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(7) By January 1, 2013, all individuals age twelve through fifty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(8) By January 1, 2014, all individuals age twelve through sixty are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(9) By January 1, 2015, all individuals age twelve through seventy are required to possess a boater education card when operating a vessel of fifteen horsepower or greater.

(10) After January 1, 2016, all individuals age twelve and older must possess a boater education card to operate a vessel of fifteen horsepower or greater.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-100, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-110 Who is exempt from having to carry a commission-issued boater education card when operating a motor vessel?

A commission-issued boater education card is not required by the following persons:

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

(2) Any person who possesses a valid marine operator license issued by the United States Coast Guard when operating a vessel authorized by such coast guard license. However, the person when operating a vessel for recreational purposes must carry a valid marine operator license issued by the United States Coast Guard 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 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 RCW 79A.60.190;

(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-state or out-of-country certificate or card that is equivalent to the rules adopted by the 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 are 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 accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a commission-issued boater education card, or who is not yet required to possess the card.

(10) Any person who is not yet required to have a commission-issued boater education card under the phased schedule in WAC 352-78-090; and

(11) Any person born before January 1, 1955.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-110, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-120 What is the fee for a commission-issued boater education card?

(1) The commission-issued boater education card fee is ten dollars.

(2) Duplicate fee for replacement cards is five dollars. The fee is waived if replacement is necessary because of an error by the commission. The same number will be assigned on any duplicate card as was assigned on the original.

(3) Fees paid to the commission for a commission-issued boater education card or replacement card are not refundable.

(4) An accredited course provider may charge a reasonable fee to recover costs associated with providing a boating safety course or equivalency exam.

(5) All receipts from fees collected for the issuance of the commission-issued boater education card shall be used solely for the administration of this chapter including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-120, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-130 What constitutes a violation of this chapter?

A person is considered in violation of the provisions contained in this chapter and subject to the penalties prescribed by law when they:

(1) Provide a false statement or information or assist another person in giving a false statement or information on any application, affidavit, document or statement used to obtain a commission-issued boater education card or replacement boater education card; or

(2) Exhibit an altered boater education card or any boating education card other than the one issued to them, to a peace officer; or

(3) Alter a commission-issued boater education card or replacement boater education card issued by the commission or its authorized agent; or

(4) Produce or possess an unauthorized replica of a commission-issued boater education card or replacement boater education card.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-130, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-140 What is the penalty for violation of this chapter?

Any violation of this chapter is an infraction under RCW 79A.60.110 and chapter 7.84 RCW.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-140, filed 11/21/05, effective 12/22/05.

Wash. Admin. Code § 352-78-150 Can the penalty for failure to possess a commission-issued boater education card be waived?

In any proceeding for failure to possess a commission-issued boater education card, the court shall waive the penalty if the boater provides proof to the court within sixty days that he or she has received a boater education card.

History

Statutory Authority: RCW 79A.05.310, chapter 79A.60 RCW and 2005 c 392, §§ 1 through 5 codified in chapter 79A.60 RCW. WSR 05-23-128, § 352-78-150, filed 11/21/05, effective 12/22/05.

Chapter 352-80 No child left inside.

Wash. Admin. Code § 352-80-010 Purpose and authority.

The purpose of the outdoor education and recreation grant program is to provide funds for outdoor environmental, ecological, agricultural, or other natural resource based education and recreation programs serving youth. The purpose of this chapter is to establish administrative procedures and set forth eligibility criteria and funding requirements by which the Washington state parks and recreation commission will award outdoor education and recreation grant funds and set conditions related to the use of grant funds. This grant program is governed by this chapter and by RCW 79A.05.351.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-010, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-020 Definitions.

(1) "Outdoor education and recreation" means an approach to education and recreation via connectivity and direct experiences in the outdoors; to teach, inspire wonder and creativity while learning from our natural resources and recreational experiences in conjunction with what students are taught in traditional classroom settings.

(2) "Commission" means the Washington state parks and recreation commission.

(3) "Director" means the director of the Washington state parks and recreation commission or the director's designee.

(4) "Education" means to improve students' overall academic performance, life skills, self-esteem, personal responsibility, community involvement, personal health and understanding of nature.

(5) "Recreation" means experiences that take place within natural outdoor environments which foster well-being through a sense of place and interdependence within the natural world.

(6) "State parks" means the operating arm of the Washington state parks and recreation commission, that is responsible for implementation of commission programs established pursuant to statute or policy.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-020, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-030 Eligibility.

Public agencies, private nonprofit organizations, formal school programs, informal after school programs, and community based programs within Washington state are eligible to apply for grants under this chapter.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 18-24-046, § 352-80-030, filed 11/28/18, effective 12/29/18
WSR 08-06-013, § 352-80-030, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-040 Eligible program activities.

The director will select activities eligible for funding. Some of these might include, but are no limited to, the following types of activities:

(1) Outdoor recreation;

(2) Outdoor environmental studies;

(3) Agricultural;

(4) Natural resource based;

(5) Conservation;

(6) Ecological;

(7) Stewardship or restoration.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-040, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-050 Ineligible program activities.

The following activities are ineligible:

(1) Activities that may be perceived to lobby or advocate for political purposes.

(2) Activities that are not in compliance with local, state and federal laws.

(3) Organized youth sports such as a community league or school team.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-050, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-060 Limitations on the availability and use of funds.

(1) The director may establish limitations on the availability and use of program funds. Any limitations shall be defined in the current application package. The director shall establish such limitations only after considering the following:

(a) Consistency with the legislative intent of RCW 79A.05.351;

(b) Availability of funds.

(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.

(3) The director may limit the amount of funding available for any element(s) of a program.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-060, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-070 Applying for funding.

In order to be considered for receipt of a grant under this chapter, an eligible applicant must complete and submit an application form provided by state parks that follows the instructions provided in the form.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-070, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-080 Evaluation criteria and process.

(1) The director shall adopt a competitive evaluation process to guide the allocation of grant funds.

(2) The director shall set priorities and develop criteria for awarding grants considering the following:

(a) Be developed, to a reasonable extent, through the participation of a grant program advisory committee;

(b) Be published in the grant program manual;

(d) Be in accord with RCW 79A.05.351 and all other applicable statutes and federal laws and rules.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 18-24-046, § 352-80-080, filed 11/28/18, effective 12/29/18
WSR 08-06-013, § 352-80-080, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-090 Program selection.

(1) Completed applications will be reviewed by state parks staff to determine eligibility and will be evaluated in accordance with the purposes, eligibility requirements, limitations, and evaluation criteria in this chapter.

(2) Staff will consult with and consider the recommendations of the advisory committee and will present final recommendations to the director.

(3) The director will make the final decision on funding a project.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-090, filed 2/21/08, effective 3/23/08.

Wash. Admin. Code § 352-80-100 Use of funds.

The following conditions apply to the use of the funds:

(1) Project contract. For every funded project, a contract must be executed on behalf of the commission and by the funding recipient. Generally, the funding recipient will not be reimbursed for costs incurred prior to the execution of the contract by both parties at the sole discretion of state parks.

(2) Technical standards. The funding recipient for grants under this chapter shall ensure that all programs are in accordance with the technical standards provided by state parks.

(3) Reporting requirements. The funding recipient shall submit the reports required by state parks as directed in the funding contract.

(4) Compliance with state and federal laws, regulations, and policies. In accepting project funding, the funding recipient agrees to and certifies compliance with all applicable federal and state laws, regulations and policies.

(5) Accountability. Funding recipients will maintain accurate accounting records on the expenditure of project funds, provide state parks with these records consistent with the agreement or upon request, and will permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards. State parks reserves the right to terminate its participation in any project which fails to perform according to the requirements of this chapter.

(6) Program evaluation should include participants, family members and teachers who can comment on academic grades or increased interest of the participant to remain in or return to school.

(7) Fees charged. Fees for program services may be assessed for program participants with the approval of state parks.

History

Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.351. WSR 08-06-013, § 352-80-100, filed 2/21/08, effective 3/23/08.