Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-16-026.

     Title of Rule and Other Identifying Information: Chapter 352-70 WAC, The state boating accident reporting program. Sets parameters for reporting accidents involving recreational boats.

     Hearing Location(s): C-Tran Building, 3510 S.E. 164th Avenue, Vancouver, WA 98583, (360) 695-0123, on November 13, 2008, at 9:00 a.m.

     Date of Intended Adoption: November 13, 2008.

     Submit Written Comments to: James Horan, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, phone (360) 586-6600, fax (360) 586-6603, e-mail James.Horan@parks.wa.gov, by October 23, 2008.

     Assistance for Persons with Disabilities: Contact Pauli Sayres by October 30, 2008, TTY (360) 664-3133 or (360) 902-8505.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Technical updating is needed to bring the rules into compliance with federal boating accident reporting requirements. Will require the current accident dollar threshold of $500.00 to increase to $2,000.00.

     Reasons Supporting Proposal: These amendments will bring state regulation up to federal boating accident and casualty reporting standards.

     Statutory Authority for Adoption: Chapter 79A.05 RCW, Parks and recreation commission, including RCW 79A.05.030 and 79A.05.070 and chapter 79A.60 RCW, Regulation of recreational vessels.

     Statute Being Implemented: Chapter 79A.60 RCW, Regulation of recreational vessels.

     Rule is necessary because of federal law, [no further information supplied by agency.]

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Requests have been made by county and city law enforcement agencies to raise state minimum reporting level to be the same as the federal amount.

     Name of Proponent: Washington state parks, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: James Horan, 7150 Cleanwater Drive, P.O. Box 42650, Olympia, WA 98504-2650, (360) 586-6600; and Enforcement: Mark Kenny, 7150 Cleanwater Drive, P.O. Box 42650, Olympia, WA 98504-2650, (360) 586-6593.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These chapters of administrative rule do not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.

     A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.

September 17, 2008

Jim French

Chief of Policy Research

and Program Development

OTS-1870.3

AMENDATORY SECTION(Amending WSR 01-02-021, filed 12/21/00, effective 1/21/01)

WAC 352-70-020   What words and phrases are used in the state boating accident reporting program?   Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.

     (1) "Commission" means the Washington state parks and recreation commission.

     (2) "Operator" means an individual who steers, directs, or otherwise has control of a vessel that is underway or exercises actual authority to control the person at the helm.

     (3) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

     (4) "Use" means operate, navigate, or employ.

     (5) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water for recreational use, other than a seaplane. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

     (6) "Waters of Washington state" means any waters within the territorial limits of Washington state.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-020, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, § 352-70-020, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-020, filed 12/19/83.]

     (a) Is used by its operator for recreational purposes; or

     (b) Is required to register in accordance with chapter 88.02 RCW.

     (2) This chapter does not apply to each vessel ((required to have a certificate of)) subject to inspection ((in accordance with chapter I, Title 46, Code of Federal Regulations)) under U.S. Code Title 46 Chapter 33 INSPECTION GENERALLY.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-030, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 84-01-060 (Order 73), § 352-70-030, filed 12/19/83.]

     (2) When the operator of the vessel cannot submit the boating accident report required by this section, the owner shall submit the report, and, if the owner cannot submit the report, the law enforcement agency that has jurisdiction where the accident occurred shall submit the report on behalf of the owner.

     (3) A boating accident report is required to be submitted as specified in subsections (1) and (2) of this section whenever any of the following conditions involving a vessel or its equipment has occurred:

     (a) A person dies;

     (b) A person is injured and requires medical treatment beyond first aid;

     (c) ((A vessel, or)) Damage to vessels and other property ((sustain damage totaling)) totals two thousand dollars or more ((than five hundred dollars));

     (d) A vessel is a complete loss; or

     (e) A person disappears from the vessel under circumstances that indicate death or injury.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-035, filed 12/21/00, effective 1/21/01.]

     (1) Within forty-eight hours of the occurrence if a person dies within twenty-four hours of the accident;

     (2) Within forty-eight hours of the occurrence if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and

     (3) Within ten days of the occurrence or death for all other boating accident reports.

     (4) All reports must be submitted on the state boating accident report form published by the commission as defined in WAC 352-70-050.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-040, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, § 352-70-040, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-040, filed 12/19/83.]

     (1) The registration numbers or names as documented of each vessel involved.

     (2) The name and address of each owner of each vessel involved.

     (3) The name of the nearest city or town, the county, the state, and the body of water.

     (4) The time and date the accident occurred.

     (5) The location on the water.

     (6) The visibility, weather, and water conditions.

     (7) The estimated air and water temperatures.

     (8) The name, address, age, or date of birth, telephone number, vessel operating experience, and boating safety training of the operator of the vessel ((of the person)) making the report.

     (9) The name and address of each operator of each other vessel involved.

     (10) The number of persons on board and towed on skis by each vessel.

     (11) The name, address, and date of birth of each person who was injured ((or killed)), died, or disappeared.

     (12) The cause of each death.

     (13) Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.

     (14) The name and address of each owner of property involved.

     (15) The number, availability, and use of personal flotation devices.

     (16) The type and amount of each fire extinguisher used.

     (17) The nature and extent of each injury.

     (18) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

     (19) A description of each equipment failure that caused or contributed to the cause of the accident.

     (20) A description of the vessel accident.

     (21) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other) and the type of accident (capsizing, sinking, fire, explosion, or other).

     (22) The opinion of the person making the report as to the cause of the accident including whether or not alcohol or drugs, or both, was a cause or contributed to causing the accident.

     (23) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horse power, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year) of the vessel of the person making the report.

     (24) The name, address, and telephone number of each witness.

     (25) The manufacturer's hull identification number, if any, of the vessel of the person making the report.

     (26) The name, address, and telephone number of the person submitting the report.

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-050, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, § 352-70-050, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-050, filed 12/19/83.]

          Washington State Parks and

          Recreation Commission

          Boating Programs

          ((7150 Cleanwater Lane))

          1111 Israel Road

          P.O. Box 42654

          Olympia, Washington 98504-2654

[Statutory Authority: RCW 79A.05.310(4). 01-02-021, § 352-70-060, filed 12/21/00, effective 1/21/01. Statutory Authority: RCW 43.51.400. 93-20-018, § 352-70-060, filed 9/24/93, effective 10/24/93; 84-01-060 (Order 73), § 352-70-060, filed 12/19/83.]

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