AN ACT Relating to land areas along the Pacific Ocean; amending RCW 43.51.680, 79.94.340, 79.94.350, 79.94.360, and 79.94.380; adding new sections to chapter 43.51 RCW; and repealing RCW 43.51.685 and 79.94.370.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.51 RCW to read as follows:

It is the intent of the legislature to authorize the state parks and recreation commission to implement ocean beach management programs designed to enhance the coastal beaches for pedestrian, recreational, tourism, and wildlife needs. In areas where vehicular traffic is allowed, the parks and recreation commission shall work cooperatively with county sheriffs and the state patrol in establishing a program for strong enforcement of traffic regulations.

The state parks and recreation commission has the authority to regulate vehicular traffic along the state's coastal beaches and to close beaches to vehicular traffic if the commission finds it necessary in implementing this program.

Sec. 2. Section 46.08.180, chapter 12, Laws of 1961 as last amended by section 110, chapter 3, Laws of 1983 and RCW 43.51.680 are each amended to read as follows:

(1) For the protection and conservation of natural resources, and for the safety and enjoyment of the public using the beaches, the Washington state parks and recreation commission((~~, after agreement with the Washington state department of transportation~~)) shall develop and implement ocean beach management programs for each of the areas established under RCW 79.94.340, 79.94.350, and 79.94.360. In developing the program, the commission and the task force established under subsection (2) of this section shall consider:

(a) Pedestrian and vehicular safety;

(b) Marine and shore birds and mammal habitats;

(d) The protection of sand dune topography;

(e) The prudent management of clam beds;

(f) The economic impacts to the local community; and

(g) Public access and parking availability.

(2) The commission shall establish an advisory task force to assist the commission in developing the ocean beach management programs. The task force shall consist of one private citizen and one representative from the departments of game, fisheries, and transportation, the state patrol, local government, and an environmental group.

(3) The state parks and recreation commission, after consultation with the advisory task force, shall establish ((~~reasonable~~)) regulations for the use and control of vehicular traffic on and along the ocean beach highways as designated and established under RCW 79.94.340, 79.94.350, and 79.94.360. The Washington state parks and recreation commission shall cooperate with county sheriffs and the state patrol in enforcing such traffic regulations: PROVIDED, That automobile driving shall be permitted on the beaches subject to the ocean beach management program and the authority of the department of fisheries to prohibit driving over clam beds.

(4) By December 15, 1988, the commission shall submit the ocean beach management programs, including any recommended legislation, to the appropriate committees of the legislature.

Sec. 3. Section 119, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.340 are each amended to read as follows:

The tidelands along the shore and beach of the Pacific ocean from the mouth of the Queets river north to Cape Flattery in the state of Washington, excepting, however, such rights as may have been conveyed by the state through deeds covering the second class tidelands in front of section 24, township 31 north, range 16 west, W.M., be and the same are hereby declared a public highway forever and as such highway shall remain forever open to the use of the public, subject to regulation by the state parks and recreation commission under chapter 43.51 RCW.

No part of the tidelands along said shore and beach shall ever be sold, or otherwise disposed of, or leased for any purpose ((~~other than the extraction of petroleum, gas, or minerals~~)).

No leases, except those ((~~issued for extraction of petroleum, gas, or minerals,~~)) now existing on or for any part or parts of said tidelands along said shore and beach, shall be renewed or extended.

Sec. 4. Section 120, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.350 are each amended to read as follows:

The shore and beach of the Pacific ocean including the area or space lying between ordinary high tide and extreme low tide (as such shore and beach now are or hereafter may be) from the southerly point of ((~~Damon's Point on the north side of the entrance to Grays Harbor~~)) the ocean shore peninsula referred to as Point Brown to the mouth of the Queets river, state of Washington, be and the same are hereby declared a public highway forever, and such highway shall remain forever open to the use of the public, subject to regulation by the state parks and recreation commission under chapter 43.51 RCW.

No part of said shore or beach shall ever be sold, leased, or otherwise disposed of.

Sec. 5. Section 121, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.360 are each amended to read as follows:

The shore and beach of the Pacific ocean, including the area or space lying, abutting, or fronting on said ocean and between ordinary high tide and extreme low tide (as such shore and beach are now or hereafter may be) from the Columbia river or Cape Disappointment on the south to a point three hundred feet southerly from the south line of the government jetty on Peterson's Point, state of Washington, on the north, be and the same are hereby declared a public highway forever, and as such highway shall remain forever open to the use of the public, subject to regulation by the state parks and recreation commission under chapter 43.51 RCW.

No part of said shore or beach shall ever be sold, conveyed, leased, or otherwise disposed of.

Sec. 6. Section 123, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.380 are each amended to read as follows:

The department of natural resources may acquire by purchase, gift, exchange, or condemnation any lands, property, or interest therein from any political subdivision of the state, municipal corporation, the federal government, or any person for the purpose of expanding, improving, or facilitating the use of lands reserved under RCW 79.94.340 through ((~~79.94.370~~)) 79.94.360 for such public highway and recreation purposes.

NEW SECTION. Sec. 7. A new section is added to chapter 43.51 RCW to read as follows:

Jurisdiction over the accreted nontrust lands in which the state has an interest along the ocean is under the jurisdiction of the state parks and recreation commission. No such accreted lands shall be sold, leased, or otherwise disposed of, except as provided in this section. The department of natural resources may lease the lands within the Washington state seashore conservation area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas: PROVIDED, That oil drilling rigs and equipment will not be placed on the seashore conservation area or state-owned accreted lands. Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the state parks and recreation commission to be reasonable, and not generally harmful or destructive to the character of the land.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) Section 8, chapter 120, Laws of 1967, section 6, chapter 55, Laws of 1969 ex. sess. and RCW 43.51.685; and

(2) Section 122, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.370.