WSR 08-01-078

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-293 -- Filed December 17, 2007, 8:50 a.m. , effective January 17, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Adopt chapter 232-13 WAC: WAC 232-13-010 Introduction, 232-13-020 Purpose, 232-13-030 Definitions, 232-13-040 Aircraft, 232-13-050 Behavior and conduct, 232-13-060 Camping, 232-13-070 Fires and campfires, 232-13-080 Commercial use or activity, 232-13-090 Noncommercial use of activity, 232-13-100 Dumping and sanitation, 232-13-110 Enforcement, 232-13-120 Erecting and use camps, blinds, and tree stand structures on department lands, 232-13-130 Firearms and target practicing, 232-13-140 Fireworks, 232-13-150 Regulating public access, 232-13-170 Parking, 232-13-180 Pets and 232-13-210 Penalties; and repealing WAC 232-12-184 Aircraft -- Authorized use on department lands and 232-12-187 Access areas -- Other department lands -- Wildlife agent to control traffic thereon.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-184 and 232-12-187.

Statutory Authority for Adoption: RCW 77.12.210, 77.12.880.

Adopted under notice filed as WSR 07-13-101 on June 20, 2007.

Changes Other than Editing from Proposed to Adopted Version: Under WAC 232-13-010 Introduction: Introduction language changed from "the department strives to maximize opportunities for people to hunt, fish, and appreciate fish and wildlife" to "The department strives to maximize fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations." Changes were made to clarify department responsibilities.

Under WAC 232-13-020 Purpose: This entire section was rewritten. Original language states: "Primary purposes for the public use of department-owned or controlled public lands, waters, or access areas are lawful hunting and fishing, wildlife observation, and other wildlife oriented recreational activities. Other activities are secondary and may be restricted or prohibited." Adopted language states: "The primary purpose of department lands is the preservation, protection, perpetuation and management of fish and wildlife and their habitats. Public use of department lands may include fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities when compatible with healthy and diverse fish and wildlife populations." Changes were made to clarify department land management purposes.

Under WAC 232-13-030 Definitions: The definitions below were either added or rewritten to clarify the rules and show where definitions were derived from existing statutes. Added definitions include:

"Campfire" means any open flame from a wood source.

"Director" means the department's director or his or her designee.

"Department" means the Washington department of fish and wildlife.

"Department land" means any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, excluding private lands. This definition replaces the previous "Land" definition.

"Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the National Marine Fisheries Service, State Parks commissioned officers, United States fish and wildlife special agents, Department of Natural Resources enforcement officers, and United States Forest Service officers, while the agents and officers are within their respective jurisdictions.

"Fire" means any open flame from any source or device, including but not limited to campfires, stoves, lanterns and barbeques.

"Garbage," as defined in WAC 246-203-120, means all solid and semisolid kitchen refuse subject to decay or putrefaction, and all market waste of animal and vegetable matter that was intended to be used as food.

"Trash and rubbish," as defined in WAC 246-203-120, means all waste material not of putrescible nature.

New language for original definitions include:

"Firearm," as defined in RCW 9.41.010, means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For purposes of this chapter, "firearm" does not include BB guns, pellet guns, paintball guns, or other guns that use compressed air as a propellant, or immobilization guns used in animal restraint by department personnel.

"Motorized vehicle," as defined in RCW 46.09.020 and 46.04.320, means a vehicle that derives motive power from an internal combustion engine or is propelled by electric power. For purposes of this chapter, it does not mean motorized wheel chairs used by persons with disabilities.

"Road," pursuant to RCW 46.04.500 and 46.04.197, means that portion of an every way publicly maintained for the purposes of vehicular travel. For purposes of this chapter, "road" means a road wholly or partly within or adjacent to and serving department-owned or controlled public lands, waters, or access areas under the jurisdiction of the department.

"Snowmobile," as defined in RCW 46.10.010, shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to, the motor vehicle excise tax in the state of Washington.

Under WAC 232-13-040 Aircraft: The following language was added to clarify that this section does not apply when critical activities must be performed. "This section does not apply to official aircraft used in the performance of department approved scientific research, search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations, fire fighting activities, or other agency administrative activities."

Under WAC 232-13-050 Behavior and conduct: Subsections (1) and (2) were rewritten to simplify the rules and to reflect current statute. The original language reads: "(1)(a) It is unlawful to engage in disorderly conduct on department-owned or controlled public lands, waters, or access areas.

(b) For the purposes of this subsection, "disorderly conduct" means conduct that unreasonably disturbs the repose of other persons lawfully using these lands, waters, or access areas; or is of a loud, threatening, insulting, boisterous, or abusive nature towards other persons, creating a risk of assault, fight, or riot; or by its indifference to or disregard for public safety, warrants alarm for the safety or well-being of others.

(2)(a) It is unlawful to engage in activities that violate quiet hours on department-owned or controlled public lands or access areas that are designated for camping.

(b) The term "activities that violate quiet hours," as used in this section, means engaging in loud and boisterous conduct or the playing of radios, musical instruments, sound, or music systems, or the activating of sound producing electronic or mechanical devices in the camping area, between 10:00 p.m. and 6:00 a.m."

The new language reads: "(1)(a) It is unlawful to engage in disorderly conduct on department lands. Disorderly conduct is a misdemeanor, pursuant to RCW 9A.84.030.

(b) For the purposes of this subsection, a person is guilty of disorderly conduct if he or she:

(i) Uses abusive language and thereby intentionally creates a risk of assault;

(ii) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

(iii) Intentionally obstructs vehicular or pedestrian traffic without lawful authority."

The following language was added under subsections (2) and (3) to clearly state the type of violation associated with it. "Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230."

The following sentence was removed from the last section regarding following posted signs. "This subsection also applies to private lands that are under management or access agreement with the department." Current language reflects that this section does not apply to private lands because the director already has this authority.

Under WAC 232-13-060 Camping: Current language says "It is unlawful to establish or occupy a camp on department lands in excess of twenty-one days within a thirty-day period." The previous language indicated only "fourteen days within a thirty-day period." The longer period was adopted at the request of users to allow greater opportunity for camps to be in place throughout hunting seasons.

Under WAC 232-13-070 Fires and campfires: This section was added to reduce the risk of wildfire and to address human safety on department lands. "With the exception of campfires, fires in stoves, lanterns and barbeques, and fire used by the department for habitat management, it is unlawful to start or tend any other fire on department lands. Lawful campfires are limited to a maximum of three feet in diameter and three feet high."

Under WAC 232-13-080 Commercial use or activity: This section was simplified to clarify [the] rule. Subsection (2) was originally written to address managing large groups. This issue is now addressed in WAC 232-13-090. The current section simply says "It is unlawful to use department lands for any commercial purposes without a permit from the director." The original language reads: "(1) It is unlawful to use department-owned or controlled public lands, waters, or access areas for any commercial purposes, including but not limited to the placement of bee hives, collecting mushrooms or plants or plant parts; guiding or outfitting hunters, anglers, or whitewater rafters; or sales or services, without a permit from the director.

(2) It is unlawful to sponsor, conduct, or hold a private or public event, race, regatta, contest, rally, rodeo, equestrian event involving more than five animals, shooting match, sporting clay competition, outdoor music festival, jamboree, field trial, hunting or fishing contest, or other similar public gathering or event on department-owned or controlled public lands, waters, or access areas without a permit from the director."

Under WAC 232-13-090 Noncommercial use or activity: This is a new section to replace subsection (2) in WAC 232-13-080. The new language clarifies the rule that a permit is needed for an event of more than thirty individuals. "It is unlawful to sponsor, conduct, or hold a private or public event, involving more than thirty people, on department lands without a permit from the director."

Under WAC 232-13-100 Dumping and sanitation: This section has been largely rewritten to simplify the rule. The original language reads: "(1) It is unlawful for any person to throw, drop, or leave any discarded object, garbage, debris, or waste upon any of the properties owned, leased, or controlled by the department except into a litter or garbage receptacle or container installed for that purpose on such property. In addition, it is unlawful to pollute, or in any way contaminate by dumping or otherwise depositing therein, any waste or refuse of any nature, kind, or description, including human or animal bodily waste, into any stream, river, lake, or other body of water running in, through, or adjacent to any department-owned or controlled public lands, waters, or access areas.

(2) It is unlawful to burn trash on department-owned or controlled public lands, waters, or access areas.

(3) It is unlawful to drain or dump refuse or waste from any trailer, camper, automobile, other vehicle, or vessel on department-owned or controlled public lands, waters, or access areas.

(4) Except for department-owned vehicles or vehicles used by the department for department administration, it is unlawful to clean or wash any automobile, vessel, or other vehicle on department-owned or controlled public lands, waters, or access areas, except at designated areas and times for invasive species control and prevention."

The adopted language reads: "(1) It is unlawful for any person to throw, drop, or leave any discarded object, garbage, trash or rubbish, upon any department lands except into a litter or garbage receptacle or container installed for that purpose on such property. Violation of this subsection is pursuant to RCW 70.93.060, which makes it a class 3 civil infraction to litter in an amount less than or equal to one cubic foot; a misdemeanor to litter in an amount greater than one cubic foot but less than one cubic yard; and a gross misdemeanor to litter in an amount of one cubic yard or more.

(2) It is unlawful to drain or dump refuse or human waste from any trailer, camper, automobile, other vehicle, or vessel on department lands.

(3) Except for administrative purposes, it is unlawful to clean or wash any automobile, vessel, or other vehicle on department lands with any substance other than water or biodegradable soaps. This subsection does not apply to cleaning activities to control and prevent the spread of invasive species provided only water is used."

The second sentence of subsection (1) was removed because the intent of the language is already captured in the rule.

Additional language was added to clarify state statute regarding the type of violation for different amounts of litter.

The original subsection (2) was removed because WAC 232-13-070 Fires and campfires already prohibits burning trash.

The last subsection was rewritten to protect the environment and allow cleaning vehicles on department lands if only water or biodegradable soaps are used.

Under WAC 232-13-110 Enforcement: The following language was added under subsection (2) to clearly state the type of violation associated with it. "Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230."

Under WAC 232-13-120 Erecting and using camps, blinds, and tree stand structures on department lands: This section was completely rewritten to clarify the rule and avoid confusion. The original language reads: "(1)(a) It is unlawful to erect, establish, use, or occupy a permanent or temporary structure on department-owned or controlled public lands, waters, or access areas without a permit from the director.

(b) This provision does not apply to a tent or other temporary structure established as part of a camp. Such tents or temporary structures must be entirely removed at the end of the trip or season being hunted by the occupants of the camp. A structure may in no case remain more than fourteen days within a thirty-day period, unless otherwise posted. This provision does not apply to certain hunting blinds. Hunting blinds are defined for purposes of this section as temporary structures made entirely of natural materials and that do not use metal, cement, furniture, wire, rope, twine, plastic, or lumber in their construction. Portable hunting blinds that are designed to be removed and are removed at the end of the hunting day may be used.

(c) Unauthorized or unlawful permanent or temporary structures or hunting blinds may be declared to be public nuisances and may be removed by the department without notice or process.

(2)(a) It is unlawful to dig, use, or occupy a pit-type hunting blind on department-owned or controlled public lands, waters, or access areas except when such pit-type hunting blinds are established by the department or are authorized by a permit from the director.

(b) It is unlawful to attempt to exercise the provisions of an expired permit issued under this section by the director or to fail to obey the terms and conditions of a permit issued under this section by the director.

(c) It is unlawful to assert or attempt to assert a claim of exclusive occupancy on department-owned or controlled public lands, waters, or access areas unless such claim is supported or authorized by a permit from the director."

The adopted language reads: "(1)(a) It is unlawful to dig pits for the purpose of hunting waterfowl, or to cut trees or attach artificial fasteners (such as wire, staples or nails) to trees for the construction of camps, blinds and tree stands on department lands.

(b) All nonnatural materials used in the construction of blinds or tree stands must be removed from department lands at the end of the hunting season.

(2) All nondepartment owned blinds shall be available to the public on a "first-come-first-served" basis.

(3) Structures established as part of a camp must be removed from department lands by camp occupants at the end of the trip."

Under WAC 232-13-130 Firearms and target practicing: The term "Projectile devices" was removed from subsection (1)(a) to make clear that this section does not restrict the use of legal firearms on department lands. This change addresses a concern expressed in several public comments.

The following language was added under subsection (1)(b) to clearly state the type of violation associated with the rule. "Violating this subsection is a gross misdemeanor if the violation creates a substantial risk of death or serious physical injury to another person, pursuant to RCW 9A.36.050."

In subsection (1)(c) the requirement to remove clay pigeons after target practice was excluded in response to public input and because they are biodegradable; and the word "any" that modified the word "debris" was deleted. This allows a Fish and Wildlife officer clear discretion to determine if an individual attempted to remove the majority of debris and therefore would not be guilty of littering.

In subsection (2) a clause was added to the end of the sentence in response to public comments that the department should have a justifiable reason to designate locations and time for target practicing. The rule now ends with the clause: "consistent with resource management or public safety concerns."

Under WAC 232-13-140 Fireworks: The following language was added. "This does not apply to gasoline or diesel powered equipment, cooking stoves or grills, lanterns, lighters, or heaters, or legal firearms." This clarifies that legal firearms, camping gear and equipment may be used on department lands.

Under WAC 232-13-150 Regulating public access: This section combines WAC 232-13-130 Land and road closures and 232-13-140 Regulating public access from the original language. All references to controlling hunting methods and hunting access have been removed in the current language because these issues are under the authority of the Fish and Wildlife Commission.

Under WAC 232-13-160 Livestock: This section was not adopted and has been removed from the WAC pending further consideration by the Fish and Wildlife Commission. This means that current rule (WAC 232-12-174) remains in effect.

Under WAC 232-13-170 Parking: Subsection (1)(a) now states "It is unlawful to park or leave a vehicle unattended for more than twenty-one days on department lands without a permit from the director." The original language had a limit of "five days" without a permit. This was changed to coincide with the twenty-one day limit for camping.

Subsection (2) now states "Vehicles, vessels, motor homes, and trailers parked or abandoned for more than twenty-one consecutive days within a thirty-day period on department lands are declared to be public nuisances and may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer." The original language had a limit of "fourteen consecutive days within a thirty-day period." This was changed to coincide with the twenty-one day limit for camping.

Subsection (3) now has language "excluding floating blinds used for waterfowl hunting" when prohibiting mooring of houseboats and other floating occupancy structures on department lands without a permit. This exclusion is a response to public input to maintain waterfowl hunting opportunities.

Language was also changed in subsection (3) indicating that "unauthorized or unlawful boats, houseboats or other floating structures may be declared public nuisances and may be abated by the department after 10 days notice by the department" rather than "may be removed by the department without notice or process" as stated in the original language. This was changed to provide a notice period before action is taken.

Under WAC 232-13-180 Pets: Subsection (2) has been changed from "It is unlawful for any person to leave pets unattended on department lands" to "It is unlawful for any person to allow pets to roam unattended on department lands." This change allows pet owners to spend time away from their animals if the pets are safely secured and unable to roam.

Subsection (3)(a) originally read: "It is unlawful to cause or allow a dog to roam freely on department-owned or controlled public lands, waters, or access areas, from April 1 through August 31, except in designated areas." Subsection (3)(a) currently reads: "It is unlawful to cause or allow a pet to roam unleashed on department-owned lands from April 1 through July 31, unless posted otherwise." The new language reflects that it now applies to all pets rather than just dogs. This was in response to public comment that roaming cats can impact wildlife also. The requirement to have pets leashed was added to protect ground-nesting birds during the critical nesting and rearing period.

Subsection (3)(b) originally read: "It is unlawful to cause or allow a dog to roam freely on designated access sites or within two hundred yards of a designated campground on department-owned or controlled public lands."

Subsection (3)(b) now reads: "It is unlawful to cause or allow a pet to roam unleashed on designated access sites or within five hundred feet of a designated campground on department lands." The new language reflects that it now applies to all pets rather than just dogs. This was in response to public comment that roaming cats can impact wildlife also. The requirement to have pets leashed within five hundred feet of specific areas was added to reduce the likelihood of user conflicts on areas typically used by large numbers of people.

Under WAC 232-13-190 Resource removal: This section was not adopted and has been removed from the WAC pending further consideration by the Fish and Wildlife Commission. This means that current rule (WAC 232-12-251) remains in effect.

Under WAC 232-13-200 Vehicle use: This section was not adopted and has been removed from the WAC pending further consideration by the Fish and Wildlife Commission. This means that current rule (WAC 232-12-177) remains in effect.

Under WAC 232-13-210 Penalties: The original language reads: "Except as provided in the "vehicle use" section, WAC 232-13-190, violation of any of the provisions of this chapter constitutes a violation of RCW 77.15.230, unlawful use of department-owned or controlled lands."

The current language reads: "Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, pursuant to RCW 77.15.020 and 77.15.160."

This change reflects that unless otherwise provided, a violation of this chapter will be an infraction rather then a misdemeanor.

A final cost-benefit analysis is available by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 18, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 8, 2007.

Susan Yeager for

Jerry Gutzwiler, Chair

Fish and Wildlife Commission

OTS-9678.8

Chapter 232-13 WAC

PUBLIC CONDUCT IN WILDLIFE AREAS AND ACCESS SITES OWNED OR CONTROLLED BY THE DEPARTMENT OF FISH AND WILDLIFE


NEW SECTION
WAC 232-13-010   Introduction.   The Washington department of fish and wildlife's (department) paramount responsibility is to preserve, protect, perpetuate, and manage the fish and wildlife species of the state (RCW 77.04.012). The department strives to maximize fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations. (RCW 77.04.012, 77.04.020 and 77.04.055.)

[]


NEW SECTION
WAC 232-13-020   Purpose.   The primary purpose of department lands is the preservation, protection, perpetuation and management of fish and wildlife and their habitats. Public use of department lands may include fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities when compatible with healthy and diverse fish and wildlife populations.

[]


NEW SECTION
WAC 232-13-030   Definitions.   Definitions used in rules of the fish and wildlife commission are defined in RCW 77.08.010. In addition, unless otherwise provided:

(1) "Aircraft" means any machines designed to travel through the air, whether heavier or lighter than air, including but not limited to airplanes, dirigibles, balloons, and helicopters. The term "aircraft" shall not include paragliders or remote-controlled aircraft.

(2) "Campfire" means any open flame from a wood source.

(3) "Camping" means erecting a tent or shelter or arranging bedding, or both, or parking a recreational vehicle or other vehicle for the purpose of remaining overnight.

(4) "Campgrounds" are department-designated areas where camping is allowed.

(5) "Closed or restricted access" means any department-owned or controlled public lands, waters, or access areas (including roads and trails) that are gated and locked, closed by earthen mound, or designated as closed or posted as such with signs.

(6) "Commercial use or activity" is any use or activity on department-controlled or managed lands, waters, or access areas:

(a) Where an entry or other type of fee is charged; or

(b) Where the primary purpose is the sale or barter of a good or service; and

(c) In either case, the term applies regardless of whether the use or activity is intended to produce a profit.

(7) "Director" means the department's director or his or her designee.

(8) "Department" means the Washington department of fish and wildlife.

(9) "Department land" means any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, excluding private lands.

(10) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the National Marine Fisheries Service, state parks commissioned officers, United States Fish and Wildlife special agents, department of natural resources enforcement officers, and United States Forest Service officers, while the agents and officers are within their respective jurisdictions.

(11) "Fire" means any open flame from any source or device, including but not limited to campfires, stoves, lanterns and barbeques.

(12) "Firearm," as defined in RCW 9.41.010, means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For purposes of this chapter, "firearm" does not include BB guns, pellet guns, paintball guns, or other guns that use compressed air as a propellant, or immobilization guns used in animal restraint by department personnel.

(13) "Fireworks," as defined in RCW 70.77.126, means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

(14) "Garbage," as defined in WAC 246-203-120, means all solid and semisolid kitchen refuse subject to decay or putrefaction, and all market waste of animal and vegetable matter that was intended to be used as food.

(15) "Incendiary" means causing or designed to cause fires, such as flares, bombs or other exploding or flammable devices.

(16) "Livestock," as defined in RCW 16.57.010, includes, but is not limited to, horses, mules, cattle, sheep, swine, and goats.

(17) "Motorized vehicle," as defined in RCW 46.09.020 and 46.04.320, means a vehicle that derives motive power from an internal combustion engine or is propelled by electric power. For purposes of this chapter, it does not mean motorized wheel chairs used by persons with disabilities.

(18) "Parking," as defined in RCW 46.04.381, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(19) "Pet" means a dog, cat, or any animal that has been domesticated, except livestock.

(20) "Possession" means exercising direct physical control or dominion, with or without ownership, over weapons, traps, nets, or other property, or archeological, cultural, or natural resources.

(21) "Road," pursuant to RCW 46.04.500 and 46.04.197, means that portion of an every way publicly maintained for the purposes of vehicular travel. For purposes of this chapter, "road" means a road wholly or partly within or adjacent to and serving department-owned or controlled public lands, waters, or access areas under the jurisdiction of the department.

(22) "Snowmobile," as defined in RCW 46.10.010, shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to, the motor vehicle excise tax in the state of Washington.

(23) "Trash and rubbish," as defined in WAC 246-203-120, means all waste material not of putrescible nature.

(24) "Tracer bullet or shell" means a bullet, projectile, or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire, so as to facilitate adjustment of the aim.

(25) "Vessel" means any craft that is used or is capable of being used as a means of transportation on or under water or ice, including but not limited to powerboats, cruisers, houseboats, sailboats, airboats, hovercraft, rowboats, canoes, kayaks, or other personal watercraft. This also includes buoyant devices permitting or capable of free flotation.

[]


NEW SECTION
WAC 232-13-040   Aircraft.   (1) Except as authorized by the director or the commissioner of public lands, it is unlawful to land aircraft on department lands, except in the case of a bona fide emergency.

(2) This section does not apply to official aircraft used in the performance of department approved scientific research, search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations, fire fighting activities, or other agency administrative activities.

[]


NEW SECTION
WAC 232-13-050   Behavior and conduct.   (1)(a) It is unlawful to engage in disorderly conduct on department lands. Disorderly conduct is a misdemeanor, pursuant to RCW 9A.84.030.

(b) For the purposes of this subsection, a person is guilty of disorderly conduct if he or she:

(i) Uses abusive language and thereby intentionally creates a risk of assault;

(ii) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

(iii) Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

(2)(a) It is unlawful to possess or dispense beer or malt liquor in quantities subject to keg registration laws under RCW 66.28.210, on department lands, without a permit from the director. Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230.

(b) It is unlawful to hold, sponsor, or attend an event requiring a banquet permit under chapter 314-18 WAC from the liquor control board, on department lands without a permit from the director. Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230.

(3) Pursuant to RCW 77.15.230, it is unlawful to use department lands in a manner or for a purpose contrary to signs or notices posted on those lands, waters, or access areas. Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230.

[]


NEW SECTION
WAC 232-13-060   Camping.   (1) It is unlawful to establish or occupy a camp on department lands in excess of twenty-one days within a thirty-day period, except when allowed by department posted notice.

(2) It is unlawful to establish or occupy a residence camp on department lands. For purposes of this section, a residence camp is an encampment, occupancy, or presence on department lands that is the principal place of residence for the person or occupant.

(3) A residence camp on department lands is declared to be a public nuisance and may be abated by the department after ten days of notice by the department.

[]


NEW SECTION
WAC 232-13-070   Fires and campfires.   With the exception of campfires, fires in stoves, lanterns and barbeques, and fire used by the department for habitat management, it is unlawful to start or tend any other fire on department lands. Lawful campfires are limited to a maximum of three feet in diameter and three feet high.

[]


NEW SECTION
WAC 232-13-080   Commercial use or activity.   It is unlawful to use department lands for any commercial purposes without a permit from the director.

[]


NEW SECTION
WAC 232-13-090   Noncommercial use or activity.   It is unlawful to sponsor, conduct, or hold a private or public event, involving more than thirty people, on department lands without a permit from the director.

[]


NEW SECTION
WAC 232-13-100   Dumping and sanitation.   (1) It is unlawful for any person to throw, drop, or leave any discarded object, garbage, trash or rubbish, upon any department lands except into a litter or garbage receptacle or container installed for that purpose on such property. Violation of this subsection is pursuant to RCW 70.93.060, which makes it a class 3 civil infraction to litter in an amount less than or equal to one cubic foot; a misdemeanor to litter in an amount greater than one cubic foot but less than one cubic yard; and a gross misdemeanor to litter in an amount of one cubic yard or more.

(2) It is unlawful to drain or dump refuse or human waste from any trailer, camper, automobile, other vehicle, or vessel on department lands.

(3) Except for administrative purposes, it is unlawful to clean or wash any automobile, vessel, or other vehicle on department lands with any substance other than water or biodegradable soaps. This subsection does not apply to cleaning activities to control and prevent the spread of invasive species provided only water is used.

[]


NEW SECTION
WAC 232-13-110   Enforcement.   (1) Fish and wildlife officers and ex officio fish and wildlife officers have the authority to remove from department lands people who have violated the law or failed to obey department regulations.

(2) It is unlawful to fail, neglect, or refuse to obey the directions of such officers regarding the use of department lands. Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230.

[]


NEW SECTION
WAC 232-13-120   Erecting and using camps, blinds, and tree stand structures on department lands.   (1)(a) It is unlawful to dig pits for the purpose of hunting waterfowl, or to cut trees or attach artificial fasteners (such as wire, staples or nails) to trees for the construction of camps, blinds and tree stands on department lands.

(b) All nonnatural materials used in the construction of blinds or tree stands must be removed from department lands at the end of the hunting season.

(2) All nondepartment owned blinds shall be available to the public on a "first-come-first-served" basis.

(3) Structures established as part of a camp must be removed from department lands by camp occupants at the end of the trip.

[]


NEW SECTION
WAC 232-13-130   Firearms and target practicing.   (1)(a) It is unlawful to discharge tracer or incendiary ammunition on department lands.

(b) It is unlawful to discharge firearms in those portions of department lands where or when such discharge is prohibited by department posted notice or from or within five hundred feet of a department designated campground. Violating this subsection is a gross misdemeanor if the violation creates a substantial risk of death or serious physical injury to another person, pursuant to RCW 9A.36.050.

(c) It is unlawful to fail to remove expended shell casings, ammunition packaging, or other related target debris, excluding clay pigeons, when target practicing on department lands at the conclusion of the target practice session and prior to departure from the area. Failure to remove debris constitutes littering.

(d) The use of glass, signs, appliances, mattresses, TVs, furniture, and exploding items as targets in target practicing is prohibited.

(2) The department may designate locations and times for target practicing consistent with resource management or public safety concerns.

[]


NEW SECTION
WAC 232-13-140   Fireworks.   It is unlawful to discharge or possess fireworks, model rockets, or other devices containing any explosive or flammable compounds on department lands. This does not apply to gasoline or diesel powered equipment, cooking stoves or grills, lanterns, lighters, or heaters, or legal firearms.

[]


NEW SECTION
WAC 232-13-150   Regulating public access.   (1) The director may close or restrict access to department lands by an emergency or other permanent regulation on a seasonal, emergent, or permanent basis to protect human safety, vulnerable fish and wildlife resources or habitats, and department or other infrastructures from damage or abuse.

(2) The director may control public access on department lands to increase wildlife use in order to improve hunter success or manage wildlife viewing opportunities. Public access may be controlled by limiting the number of users in the areas and/or limiting the days of the week or hours of the day that the public can access the area.

(3) It is unlawful to enter or remain on department lands or portions thereof when such restrictions are in place or are established by department posted notice. This does not apply during the administration of authorized activities.

[]


NEW SECTION
WAC 232-13-170   Parking.   (1)(a) It is unlawful to park or leave a vehicle unattended for more than twenty-one days on department lands without a permit from the director.

(b) It is unlawful to leave a motor vehicle or trailer parked or standing on department lands when the vehicle is blocking access to a boat ramp, roadway, gate, or driveway or otherwise prevents egress or ingress to a department facility.

(c) Vehicles unlawfully parked or abandoned on department lands may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer.

(2) Vehicles, vessels, motor homes, and trailers parked or abandoned for more than twenty-one consecutive days within a thirty-day period on department lands are declared to be public nuisances and may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer.

(3) It is unlawful to moor a houseboat, other floating occupancy structure (excluding floating blinds used for waterfowl hunting), or dock on department lands without a permit from the director. Such unauthorized or unlawful boats, houseboats or other floating structures may be declared public nuisances and may be abated by the department after ten days notice by the department.

[]


NEW SECTION
WAC 232-13-180   Pets.   (1) The department may prohibit or regulate pets, except for bona fide service animals for persons with disabilities, on department lands.

(2) It is unlawful for any person to allow pets to roam unattended on department lands.

(3)(a) It is unlawful to cause or allow a pet to roam unleashed on department-owned lands from April 1 through July 31, unless posted otherwise.

(b) It is unlawful to cause or allow a pet to roam unleashed on designated access sites or within five hundred feet of a designated campground on department lands.

[]


NEW SECTION
WAC 232-13-210   Penalties.   Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, pursuant to RCW 77.15.020 and 77.15.160.

[]

OTS-9677.3


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-12-184 Aircraft -- Authorized use on department lands.
WAC 232-12-187 Access areas -- Other department lands -- Wildlife agent to control traffic thereon.

Washington State Code Reviser's Office