H-4102.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2365
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State of Washington 53rd Legislature 1994 Regular Session
By House Committee on Fisheries & Wildlife (originally sponsored by Representatives Foreman, King, Rust and Quall)
Read first time 02/04/94.
AN ACT Relating to reducing disturbance to fish, wildlife, and their habitats; adding a new chapter to Title 77 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that operation of motor-driven boats or vessels can disturb fish, wildlife, and their habitats. Restricting the use of such vessels in designated areas or at specified times of the year is in the best interest of Washington's fish and wildlife.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Jet pump propelled vessel" means a vessel of any length that uses a motor powering a water jet pump as its primary source of motive power.
(2) "Motor-driven vessels" means all boats and vessels that are self-propelled, including jet pump propelled vessels and personal watercraft.
(3) "Personal watercraft" means a vessel of fewer than sixteen 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.
(4) "Waters of the state" means any waters within the territorial limits of Washington state.
NEW SECTION. Sec. 3. The department of fish and wildlife may restrict the use of fresh waters of the state by motor-driven vessels if:
(1) The department identifies that there are spawning grounds of state or federally listed endangered, threatened, or sensitive species of fish, or of stocks of fish in depressed or critical condition within the area of potential restriction;
(2) The department allows vessels to operate within the area at speeds no greater than those sufficient to maintain steerage to reach their destinations in the open area, unless, in the department's judgment, operation within the restricted area at times or speeds prescribed by the department does not harm the fish or spawning grounds;
(3) The department has coordinated with the appropriate federal agencies to ensure compliance with federal laws; and
(4) The state has formally indicated a concern with impacts to the spawning grounds within the area of potential restriction, by having requested review by the relevant growth planning hearings board pursuant to RCW 36.70A.290 of county or city critical area designations pursuant to RCW 36.70A.170, or county or city development regulations pursuant to RCW 36.70A.060.
NEW SECTION. Sec. 4. Restrictions established under section 3 of this act shall preclude local government regulations that are in conflict, unless such regulations are more restrictive.
NEW SECTION. Sec. 5. It is unlawful to operate a vessel in violation of the restrictions imposed pursuant to section 3 of this act. A violation of this section is a misdemeanor. The minimum penalty for the first offense is five hundred dollars and for each subsequent offense is one thousand dollars.
NEW SECTION. Sec. 6. By December 1, 1994, the house of representatives committee on fisheries and wildlife and the senate committee on natural resources shall jointly recommend to the legislature whether more restrictive protections of wildlife and fish against operation of motor-driven vessels is needed.
NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.
NEW SECTION. Sec. 8. This act shall take effect July 1, 1994.
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