Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-123 on September 3, 2003.

     Title of Rule: Chapter 352-12 WAC, Moorage and use of marine and inland water facilities, including the provisions regulating the use of facilities, the methods for collection of fees and the issuance of permits.

     Purpose: The state Parks and Recreation Commission has undertaken a review of the administrative rules regarding moorage and inland water facilities in response to the implementation of new and revised fees and permits as well as the need to revise any current rules in this chapter related to their collection. The proposed amendments will provide for general housekeeping and minor changes in text. The amendments are intended to identify opportunities to adopt clear, usable and equitable rules for accessible public use and for the preservation and financial stability of Washington's state park system for the benefit of all citizens of the state.

     Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.055, and 79A.05.070.

     Summary: Changes in WAC will clarify the agency facilities that will be made available for reservation. The changes will provide the public with choices for placement of moorage permits. These proposed changes would reflect the recodified references to the commission's statutory authority as established in the Revised Code of Washington.

     Reasons Supporting Proposal: Park visitors will gain improved public service.

     Name of Agency Personnel Responsible for Drafting and Implementation: Pam McConkey, 7219 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8595; and Enforcement: Phil Shave, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8606.

     Name of Proponent: Washington State Parks, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 352-12 WAC, Moorage and use of marine and inland water facilities, was adopted for the purpose of managing public use of marine and inland water facilities. The chapter regulates moorage fees, annual permits, use of onshore campsites and the requirements for registration for facility use. The proposed changes would permit the director of state parks to designate certain facilities for advance registration and provide more flexibility to the public for the method of placing the agency's annual permits on their vessels. In addition, chapter 352-12 WAC will be updated to reflect recodified RCW references.

     Proposal Changes the Following Existing Rules: Proposed changes will permit the director of Washington state parks to designate certain facilities for advance reservation by the public. The changes will provide the public with flexibility in the method for placing the annual permit decals on their vessels. Chapter 352-12 WAC will be updated to reflect recodified RCW references.

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

     Section 201, chapter 403, Laws of 1995, 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 those requirements.

     Hearing Location: The public hearing will occur during the regularly scheduled Washington State Parks and Recreation Commission meeting to be held at the Cedar River Watershed Education Center, 19901 Cedar Falls Road S.E., North Bend, WA 98045, on December 4, 2003, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Pauli Larson by November 25, 2003, TDD (360) 664-3133 or (360) 902-8505.

     Submit Written Comments to: Washington State Parks, Attention: Pam McConkey, 7219 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 586-5875, by November 13, 2003.

     Date of Intended Adoption: December 4, 2003.

October 22, 2003

Jim French

Chief of Policy Research

and Program Development

OTS-6726.2

AMENDATORY SECTION(Amending WSR 99-04-117, filed 2/3/99, effective 3/6/99)

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.

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

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

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

     (6) "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 bumkin or as shown on vessel's state or coast guard registration certificate.

     (7) "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)) 79A.05.160.

     (8) "Night" shall mean the period between ((3)) 1 p.m. and 8 a.m.

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

[Statutory Authority: RCW 43.51.040. 99-04-117, § 352-12-005, filed 2/3/99, effective 3/6/99. Statutory Authority: RCW 43.51.040 and 43.51.060. 82-08-027 (Order 59), § 352-12-005, filed 3/31/82.]

     (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.

[Statutory Authority: RCW 43.51.040. 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). 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.]

     (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. 99-04-117, § 352-12-020, filed 2/3/99, effective 3/6/99. 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.]

     (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, or as otherwise instructed by the director or designee.

     (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. 99-04-117, § 352-12-030, filed 2/3/99, effective 3/6/99. 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.]

[Statutory Authority: RCW 43.51.040. 99-04-117, § 352-12-050, filed 2/3/99, effective 3/6/99; 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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