AN ACT Relating to the use of ocean beaches; amending RCW 43.51.010 and 43.51.680; adding new sections to chapter 43.51 RCW; creating new sections; and repealing RCW 79.94.380.

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

NEW SECTION. Sec. 1. The legislature finds that tourism and recreational use of the ocean beaches can best be promoted through reserving sites on each of the state's ocean beaches exclusively for the use of pedestrians.

Sec. 2. Section 43.51.010, chapter 8, Laws of 1965 and RCW 43.51.010 are each amended to read as follows:

For purposes of this chapter((,)):

(1) "Recreation" means those activities of a voluntary and leisure time nature which aid in promoting entertainment, pleasure, play, relaxation, or instruction.

(2) "Commission" means state parks and recreation commission.

(3) "Pedestrian use" means any use which does not involve a motorized vehicle.

Sec. 3. 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:

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~~)) consultation with appropriate local officials, shall ((~~establish~~)) adopt reasonable ((~~regulations for the use and control of~~)) rules governing 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~~)) rules governing vehicular traffic ((~~regulations: PROVIDED, That automobile~~)). Driving shall be permitted on the beaches, except those areas designated for pedestrian use only by this chapter or a rule adopted by the parks and recreation commission under sections 4 through 7 of this act, and subject to the authority of the department of fisheries to prohibit driving over clam beds.

NEW SECTION. Sec. 4. The following sites within the seashore conservation area established under RCW 43.51.655 shall be reserved exclusively for pedestrian use:

(1) From the northern boundary of the Quinault Indian reservation to the south boundary of the Makah Indian reservation, excluding the beaches within the boundaries of any other Indian reservations;

(2) From the Bonge beach access road at the south boundary of Twin Harbors state park, to the south jetty at the mouth of Grays Harbor, located on Point Chehalis; and

(3) From the Columbia river north jetty at Fort Canby state park to North Head rocks.

NEW SECTION. Sec. 5. The sites under subsections (1) and (2) of this section within the seashore conservation area established under RCW 43.51.655 shall be available for use in motorized vehicles during authorized clam digging periods only. To facilitate clam digging, the commission shall adopt rules allowing vehicular traffic on sites subject to this section prior to and following authorized clam digging periods:

(1) From Benner Gap access road to the Copalis river; and

(2) From the south boundary of Leadbetter state park to the northernmost point on the peninsula.

NEW SECTION. Sec. 6. The parks and recreation commission, after consultation with appropriate local officials, including, but not limited to those specified in subsections (1) and (2) of this section, may adopt rules reserving for pedestrian use only, all or any portion of the following beaches within the seashore conservation area, from May 15th through September 15th of each year:

(1) From North Head rocks to a point adjacent to the city of Long Beach, after consultation with the city of Long Beach; and

(2) From the north jetty at the mouth of Grays Harbor to a point adjacent to the city of Ocean Shores, after consultation with the city of Ocean Shores.

Before designating a site exclusively for pedestrian use on a seasonal basis under this section, the commission shall assure the availability of off-beach access, parking, and other appropriate facilities sufficient to meet anticipated need.

NEW SECTION. Sec. 7. When necessary to accommodate organized recreational events, the director of parks and recreation may:

(1) Restrict or prohibit driving on areas of the ocean beach that are not reserved for pedestrian use under sections 4 through 6 of this act and that are not greater than three miles in length, for a period not to exceed five days; and

(2) Allow driving on sites otherwise reserved for pedestrian use only under section 6 of this act that are not greater than three miles in length for a period not to exceed five days.

NEW SECTION. Sec. 8. If the director of parks and recreation finds that wood or other debris located on sites that are reserved for pedestrian use may be a hazard to public safety or adversely affects public use and enjoyment, the director may authorize persons having a debris removal permit to use motorized vehicles in the removal of such debris.

NEW SECTION. Sec. 9. Public vehicles operated in the performance of official duties and vehicles responding to an emergency shall be permitted in areas otherwise designated exclusively for pedestrian use.

NEW SECTION. Sec. 10. The parks and recreation commission shall, before December 31, 1987, submit a report to the legislature regarding the implementation of sections 4 through 9 of this act, which shall include a plan for providing appropriate public facilities at the sites designated for pedestrian use.

NEW SECTION. Sec. 11. Section 123, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.380 are each repealed.

NEW SECTION. Sec. 12. Sections 4 through 9 of this act are added to chapter 43.51 RCW.