S-3897               _______________________________________________

 

                                                   SENATE BILL NO. 4990

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senator Goltz

 

 

Read first time 1/24/86 and referred to Committee on Parks & Ecology.

 

 


AN ACT Relating to river running; adding a new chapter to Title 91 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The purpose of this chapter is to further the public interest, welfare, and safety by providing for the protection and promotion of safety in the operation of watercraft on the rivers of this state.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Watercraft" means every type of watercraft used as a means of transportation on a river, including but not limited to power boats, drift boats, open canoes, rafts, decked canoes, and kayaks.

          (2) "Carrying passengers for hire" means carrying passengers by watercraft for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the watercraft.

          (3) "Operate" means to navigate or otherwise use a watercraft.

          (4) "Operator" means any person operating the watercraft or performing the duties of a pilot or guide for one or more watercraft in a group.

          (5) "Passenger" means every person on board a watercraft who is not an operator.

          (6) "Rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of this state.

 

          NEW SECTION.  Sec. 3.     The owner and operator of a watercraft shall be jointly and severally liable for any injury or damage caused by the operation of a watercraft in violation of this chapter.  There shall be a presumption that the watercraft is being operated with the knowledge and consent of the owner if, at the time of injury or damage, the watercraft is under the control of the owner, the owner's spouse, parent, sibling, offspring, or other member of the owner's immediate family.

 

          NEW SECTION.  Sec. 4.     (1) No person may operate any watercraft in a manner that interferes with other watercraft or with the free and proper navigation of the rivers of this state.

          (2) Every operator of a watercraft shall at all times operate the watercraft in a careful and prudent manner and at such a speed as to not endanger the life, limb, or property of any person.

          (3) No watercraft may be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration the type and construction of the watercraft and other existing operating conditions.  In the case of inflatable rafts, safe carrying capacity in whitewater shall be considered as less than the United States Coast Guard capacity rating for each watercraft.

 

          NEW SECTION.  Sec. 5.     (1) Watercraft proceeding downstream have the right of way over watercraft proceeding upstream.

          (2) In all cases, watercraft not under power have the right of way over motorized craft underway.

 

          NEW SECTION.  Sec. 6.     (1) No person may operate on the rivers of this state a watercraft carrying passengers for hire unless the person has in his or her possession a Red Cross standard first aid card or at least its equivalent.

          (2) This section does not apply to a person operating a watercraft on the navigable waters of the United States in this state and who is licensed by the United States Coast Guard for the type of watercraft being operated.

 

          NEW SECTION.  Sec. 7.     While carrying passengers for hire on whitewater river sections in this state, the operator and owner shall:

          (1) If using inflatable boats, use only boats with three or more separate air chambers;

          (2) Ensure that all passengers and operators are wearing a securely fastened United States Coast Guard approved type III or type V life jacket in good condition;

          (3) Ensure that each watercraft has on it a spare type III or type V life jacket in good repair;

          (4) Ensure that each watercraft has on it a bagged throwable line with a floating line and bag;

          (5) Ensure that each watercraft has on it an adequate first-aid kit.

 

          NEW SECTION.  Sec. 8.     (1) Boat operators shall refrain from the use of alcohol while navigating a whitewater river section in this state.

          (2) While navigating a whitewater river section in a paddle-powered watercraft, if passengers are paddling the craft, the operator and owner shall ensure that the passengers refrain from the use of alcohol or controlled substances during the course of the trip.

          (3) Any boat carrying passengers for hire on any whitewater river section in this state must be accompanied by at least one other watercraft.

 

          NEW SECTION.  Sec. 9.     Whitewater river sections include but are not limited to:

          (1) Green river above flaming geyser state park;

          (2) Klickitat river above the confluence with Summit creek;

          (3) Methow river below the town of Carlton;

          (4) Sauk river;

          (5) Skagit river above bacon creek;

          (6) Suiattle river;

          (7) Tieton river below Rimrock dam;

          (8) Wenatchee river above the Wenatchee county park at the town of Monitor;

          (9) White Salmon river; and

          (10) Any other section of river designated a "whitewater river section" by the interagency committee for outdoor recreation.  Such river sections shall be class two or greater difficulty as defined by the American canoe association.

 

          NEW SECTION.  Sec. 10.    (1) When, as a result of an occurrence that involves a watercraft or its equipment, a person dies or disappears from a watercraft, the operator shall notify the nearest sheriff's department, state patrol office, coast guard station, or other law enforcement agency of:

          (a) The date, time, and exact location of the occurrence;

          (b) The name of each person who died or disappeared;

          (c) A description of the watercraft; and

          (d) The names and addresses of the owner and operator.

          (2) When the operator of a boat cannot give the notice required by subsection (1) of this section, each person on board the boat shall either give the notice or determine that the notice has been given.

 

          NEW SECTION.  Sec. 11.    No person may place, throw, deposit, or discharge, nor may the operator of a watercraft permit to be placed, thrown, deposited, or discharged, into or upon the rivers of this state, or lands adjacent thereto, any litter, human body waste, or other liquid or solid materials which may render the water or lands unsightly, noxious, or otherwise be detrimental to the public health, welfare, or enjoyment of the water or adjacent lands.

 

          NEW SECTION.  Sec. 12.    (1) Every peace officer of this state and its political subdivisions has the authority to enforce this chapter.  Wildlife agents of the department of game and fisheries patrol officers of the department of fisheries, through their directors, the state patrol, through its chief, county sheriffs, and other local law enforcement bodies, shall assist in the enforcement.  In the exercise of this responsibility, all such officers may stop any watercraft and direct it to a suitable pier or anchorage for boarding.

          (2) A person, while operating a watercraft on any waters of this state, shall not knowingly flee or attempt to elude a law enforcement officer after having received a signal from the law enforcement officer to bring the boat to a stop.

          (3) This chapter shall be construed to supplement federal laws and regulations.  To the extent this chapter is inconsistent with federal laws and regulations, the federal laws and regulations shall control.

 

          NEW SECTION.  Sec. 13.    A person violating this chapter shall be subject to a civil penalty of up to one hundred fifty dollars per violation.

 

          NEW SECTION.  Sec. 14.    Sections 1 through 13 of this act shall constitute a new chapter in Title 91 RCW.