WSR 99-01-120

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[Filed December 18, 1998, 4:43 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-20-055.

Title of Rule: Chapter 352-12 WAC, Moorage and use of marine facilities.

Purpose: To amend chapter 352-12 WAC. WAC 352-12-005 Definitions, 352-12-010 Moorage and use of marine and inland water facilities, 352-12-020 Fees, 352-12-030 Permits, 352-12-040 Onshore campsites, and 352-12-050 Self-registration, to update language consistent with changes in recreational activities.

Statutory Authority for Adoption: RCW 43.51.040.

Summary: Staff are requesting that this chapter be amended to reflect changes in recreational activities and clarifying language.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kathryn J. Smith, 7150 Cleanwater Lane, Olympia, 902-8594.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Changes to this chapter are for editorial and clarification purposes. Newly added language will enhance the purpose of this section while providing clear rules and expectations for the visiting public and park staff.

Proposal Changes the Following Existing Rules: These changes enhance definitions, clarify use of commercial vessels and provide a clear explanation of appropriate use of facilities.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC amendment does not regulate or have economic impact through regulations on small businesses. There are no compliance costs to small businesses.

RCW 34.05.328 does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission nor has the commission voluntarily applied these requirements.

Hearing Location: Lacey Community Center, 6729 Pacific Avenue S.E., Lacey, WA 98509, on January 29, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Gus Gustafson by January 15, TDD (360) 753-2036, or (360) 253-7143.

Submit Written Comments to: Pamela McConkey, 7150 Cleanwater Lane, P.O. Box 42650, fax (3360) [(360)] 586-5875.

Date of Intended Adoption: January 29, 1999.

December 18, 1998

Jim French

Senior Policy Analyst

OTS-2696.1

Chapter 352-12 WAC



MOORAGE AND USE OF MARINE AND INLAND WATER FACILITIES



AMENDATORY SECTION (Amending Order 59, filed 3/31/82)



WAC 352-12-005  Definitions. As used in this chapter, the following words and terms have the meanings indicated, unless the context clearly requires otherwise:

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

(2) "Commission" shall mean the Washington state parks and recreation commission. ((Where appropriate, the term "commission" also refers to the staff and employees of the Washington state parks and recreation commission.

(2))) (3) "Director" shall mean the director of the Washington state parks and recreation commission.

(4) "Facility" shall mean state park floats, piers ((and)), mooring buoys, docks, pilings and linear moorage facilities.

(((3))) (5) "Length" shall mean 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 bunkin or as shown on vessel's state or coast guard registration certificate.

(6) "Manager or ranger" shall mean a duly appointed Washington state parks ranger, or agent of the commission, who is vested with police powers under RCW 43.51.170.

(7) "Night" shall mean the period between 3 p.m. and 8 a.m.

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

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

(5) "Length" shall mean 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 bunkin or as shown on vessel's state or coast guard registration certificate.

(6) "Night" shall mean the period between 3 p.m. and 8 a.m.))



[Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), 352-12-005, filed 3/31/82.]



AMENDATORY SECTION (Amending WSR 92-19-098, filed 9/17/92, effective 10/18/92)



WAC 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 ((or)), berth or store a vessel of any type in a commission owned or operated park or marine area except in designated ((marine park areas and at designated)) facilities.

(((2))) (4) Use of designated ((marine park areas and)) facilities by commercial vessels is prohibited except for the loading and unloading of passengers transported for recreation purposes: Provided however, ((Park)) Managers and ((park)) rangers may allow extended or night moorage at any facility ((during the period September 15 through April 30, inclusive,)) 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.

(((3) In order to afford the general public the greatest possible use of marine park facilities, continuous moorage at a facility by the same vessel, person or persons shall be limited to three consecutive nights, unless otherwise posted by the commission at any individual facility or area.

(4))) (5) In order to maximize usable space at mooring floats, boaters shall((, whenever necessary,)) 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.

(((5))) (6) Use of any ((state park marine)) 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.

(((6) Dinghies shall be tied up only in designated spaces on moorage floats.))

(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 ((state park)) 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.



[Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-12-010, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-12-010, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. 83-06-051 (Order 65), 352-12-010, filed 3/2/83. Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), 352-12-010, filed 3/31/82; filed 6/30/65.]



AMENDATORY SECTION (Amending WSR 95-22-067, filed 10/30/95, effective 1/1/96)



WAC 352-12-020  Moorage fees. (1) Vessels moored between 3 p.m. and 8 a.m. at those facilities designated by the director or designee shall be charged the ((nightly)) moorage fee published by state parks ((during the period May 1 through September 30, inclusive: Provided, however, This fee shall be applicable all year at Blake Island, Cornet Bay, Fort Worden, Jarrell Cove, and Mystery Bay State Parks)): Provided ((further)), Vessels properly displaying a valid annual permit shall not be charged a ((nightly)) 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.



[Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-12-020, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 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). 92-19-098, 352-12-020, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. 91-09-001, 352-12-020, filed 4/4/91, effective 5/15/91; 90-07-062, 352-12-020, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-12-020, filed 3/18/88, effective 5/15/88; 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. 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. 84-09-045 (Order 77), 352-12-020, filed 4/16/84; 82-08-027 (Order 59), 352-12-020, filed 3/31/82.]



AMENDATORY SECTION (Amending WSR 95-22-067, filed 10/30/95, effective 1/1/96)



WAC 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)) managers or rangers, or by writing to the Commission Headquarters, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650.

(2) Annual moorage permits will be issued for a particular 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.

(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 if not equipped with a windshield, to the left (port) outside transom, or if a sailboat, on the forward portion of the left (port) cabin trunk.

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



[Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-12-030, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 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). 92-19-098, 352-12-030, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. 91-09-001, 352-12-030, filed 4/4/91, effective 1/1/92; 90-07-062, 352-12-030, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), 352-12-030, filed 3/31/82.]



AMENDATORY SECTION (Amending WSR 95-22-067, filed 10/30/95, effective 1/1/96)



WAC 352-12-040  Use of onshore campsites. If any person or persons from a vessel moored at a ((state park marine)) 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.



[Statutory Authority: RCW 43.51.040 and [43.51.]060. 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). 92-19-098, 352-12-040, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), 352-12-040, filed 3/31/82.]



AMENDATORY SECTION (Amending WSR 93-06-001, filed 2/17/93, effective 3/20/93)



WAC 352-12-050  Self-registration. In those ((marine park areas)) designated facilities so posted by the ((commission)) manager, park visitors shall register for the use of ((marine)) 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 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.



[Statutory Authority: RCW 43.51.040. 93-06-001, 352-12-050, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), 352-12-050, filed 3/31/82.]

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