Original Notice.

Preproposal statement of inquiry was filed as WSR 99-24-129.

Title of Rule: Chapter 352-32 WAC, Public use of state park areas.

Purpose: Establishes the standards for public behavior, the conditions for public use, the restrictions and limitations on recreational activities and the services available at state park areas.

Statutory Authority for Adoption: Title 79A RCW.

Summary: These rules need to be reviewed in order to make editorial changes, updates, expansions for clarification and overall clean-up.

Reasons Supporting Proposal: Staff envision an annual review of this title and chapter in order to reduce the number of times it is open during the year.

Name of Agency Personnel Responsible for Drafting: Pam McConkey, Olympia, (360) 902-8595; Implementation: Rex Derr, Olympia, (360) 902-8594; and Enforcement: Washington State Parks and Recreation Commission, state-wide, (360) 902-8500.

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 352-32 WAC, Public use, was originally adopted in November 1970 in order to provide the general public with rules and guidelines in which to follow in order to obtain the most enjoyable experience while visiting in Washington state parks. This chapter also provides guidance and rules for park personnel to perform their duties.

Proposal Changes the Following Existing Rules: Some rule changes are being proposed in order to clarify restrictions and provide clearer guidance. Other proposed changes are being proposed in order to loosen current restrictions. Others are minor changes and additions viewed as "Housekeeping," clarifying changes and streamlining rules.

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 those requirements.

Hearing Location: Spokane, Washington, the meeting site can be obtained by contacting eastern region office, (509) 662-0420, on June 9, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Harris by June 1, 2000, (509) 662-0420.

Submit Written Comments to: Pam McConkey, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 586-5875, by May 22, 2000.

Date of Intended Adoption: June 9, 2000.

May 2, 2000

Jim French

Senior Policy Analyst

OTS-4037.1

AMENDATORY SECTION(Amending WSR 00-01-201, filed 12/22/99, effective 1/22/00)

WAC 352-32-010
Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated:

"Aquatic facility" shall mean any structure or area within a state park designated by the director or designee for aquatic activities, including, but not limited to, swimming pools, wading pools, swimming beaches, floats, docks, ramps, piers or underwater parks.

"Bivouac" shall mean to camp overnight on a vertical rock climbing route on a ledge or in a hammock sling.

"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.

"Camping party" shall mean an individual or a group of people (two or more persons) that is organized, equipped and capable of sustaining its own camping activity.      A "camping party" is a "camping unit" for purposes of RCW ((43.51.055)) 79A.05.065.

"Commercial recreation use" is a recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than state parks or a state park concessionaire.

"Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.

"Commission" shall mean the Washington state parks and recreation commission.

"Conference center" shall mean a state park facility designated as such by the director or designee that provides specialized services, day-use and overnight accommodations available by reservation for organized group activities.

"Day area parking space" shall mean any designated parking space within any state park area designated for daytime vehicle parking.

"Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.

"Disrobe" shall mean to undress so as to appear nude.

"Emergency area" is an area in the park separate from the designated overnight camping area, which the park manager decides may be used for camping when no alternative camping facilities are available within reasonable driving distances.

"Environmental interpretation" shall mean the provision of services, materials, publications and/or facilities, including environmental learning centers (ELC), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public understanding, appreciation and enjoyment of the state's natural and cultural heritage through agency directed or self-learning activities.

"Environmental learning centers (ELC)" shall mean those specialized facilities, designated by the director, designed to promote outdoor recreation experiences and environmental education in a range of state park settings.

"Extra vehicle" shall mean each additional unhitched vehicle in excess of the one recreational vehicle that will be parked in a designated campsite or parking area for overnight.

"Group" shall mean 20 or more people engaged together in an activity.

"Group camping areas" are designated areas usually primitive with minimal utilities and site amenities and are for the use of organized groups.      Facilities and extent of development vary from park to park.

"Hiker/biker campsite" shall mean a campsite that is to be used solely by visitors arriving at the park on foot or bicycle.

"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped.

"Multiple campsite" shall mean a designated and posted camping facility encompassing two or more individual standard, utility or primitive campsites.

"Overflow area" shall mean an area in a park separate from designated overnight and emergency camping areas, designated by the park manager, for camping to accommodate peak camping demands in the geographic region.

"Overnight accommodations" shall mean any facility or site designated for overnight occupancy within a state park area.

"Paraglider" shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot's harness and fasteners.      The term "paraglider" shall not include hang gliders or parachutes.

"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

"Popular destination park" shall mean any state park designated by the director as a popular destination park because, it is typically occupied to capacity on Friday or Saturday night during the high use season.

"Primitive campsite" shall mean a campsite not provided with flush comfort station nearby and which may not have any of the amenities of a standard campsite.

"Public assembly" shall mean a meeting, rally, gathering, demonstration, vigil, picketing, speechmaking, march, parade, religious service, or other congregation of persons for the purpose of public expression of views of a political or religious nature for which there is a reasonable expectation that more than one hundred persons will attend based on information provided by the applicant.      Public assemblies must be open to all members of the public, and are generally the subject of attendance solicitations circulated prior to the event, such as media advertising, flyers, brochures, word-of-mouth notification, or other form of prior encouragement to attend.

Alternatively, the agency director may declare an event to be a public assembly in the following cases: Where evidentiary circumstances and supporting material suggest that more than one hundred persons will attend, even where the applicant does not indicate such an expectation; or where there is reason to expect a need for special preparations by the agency or the applicant, due to the nature or location of the event.

"Ranger" shall mean a duly appointed Washington state parks ranger who is vested with police powers under RCW ((43.51.170)) 79A.05.160, and shall include the park manager in charge of any state park area.

"Recreation vehicle" shall mean a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus, or any similar type vehicle which contains sleeping and/or housekeeping accommodations.

"Remote controlled aircraft" shall mean nonpeopled model aircraft that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion.      The flight is controlled by a person on the ground using a hand held radio control transmitter.      ((A typical radio controlled model aircraft weighs from five to ten pounds and has a wingspan of five to six feet, with the maximum size being approximately fifty pounds and a wingspan of ten feet.))

"Residence" shall mean the long-term habitation of facilities at a given state park for purposes whose primary character is not recreational.      "Residence" is characterized by one or both of the following patterns:

Camping at a given park for more than thirty days within a forty-day time period April 1 through September 30; or forty days within a sixty-day time period October 1 through March 31.      As provided in WAC 352-32-030(7), continuous occupancy of facilities by the same camping party shall be limited to ten consecutive nights April 1 through September 30.      Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied.      Campers may stay twenty consecutive nights October 1 through March 31 in one park, after which the camping unit must vacate the overnight park facilities for three consecutive nights.      The time period shall begin on the date for which the first night's fee is paid.

The designation of the park facility as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.

"Sno-park" shall mean any designated winter recreational parking area.

"Special groomed trail area" shall mean those sno-park areas designated by the director as requiring a special groomed trail permit.

"Special recreation event" shall mean a group recreation activity in a state park sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at the state park to ensure public welfare and safety and facility and/or environmental protection.

"Standard campsite" shall mean a designated camping site which is served by nearby domestic water, sink waste, garbage disposal, and flush comfort station.     

"State park area" shall mean any area under the ownership, management, or control of the commission, including trust lands which have been withdrawn from sale or lease by order of the commissioner of public lands and the management of which has been transferred to the commission, and specifically including all those areas defined in WAC 352-16-020.      State park areas do not include the seashore conservation area as defined in RCW ((43.51.655)) 79A.05.605 and as regulated under chapter 352-37 WAC.

"Trailer dump station" shall mean any state park sewage disposal facility designated for the disposal of sewage waste from any recreation vehicle, other than as may be provided in a utility campsite.

"Upland" shall mean all lands lying above mean high water.

"Utility campsite" shall mean a standard campsite with the addition of electricity and which may have domestic water and/or sewer.

"Walk-in campsite" shall mean a campsite that is accessed only by walking to the site and which may or may not have vehicle parking available near by.

"Watercraft launch site" shall mean any facility located in a state park area designated for the purpose of placing or retrieving any vehicle-borne or trailer-borne watercraft into or out of the water.

"Water trail advisory committee" shall mean the twelve-member committee constituted by RCW ((43.51.456)) 79A.05.420.

"Water trail camping sites" shall mean those specially designated group camp areas identified with signs, that are near water ways, and that have varying facilities and extent of development.

[Statutory Authority: Chapter 79A.05 RCW and RCW 79A.05.070.      00-01-201, § 352-32-010, filed 12/22/99, effective 1/22/00.      Statutory Authority: RCW 43.51.040(2).      98-23-063, § 352-32-010, filed 11/16/98, effective 1/1/99.      Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-010, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.      97-21-133, § 352-32-010, filed 10/21/97, effective 1/1/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.      96-22-018, § 352-32-010, filed 10/29/96, effective 1/1/97.      Statutory Authority: RCW 43.51.180.      96-02-015, § 352-32-010, filed 12/21/95, effective 1/21/96.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-010, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.060 and 43.51.395.      95-07-061, § 352-32-010, filed 3/13/95, effective 4/13/95.      Statutory Authority: RCW 43.51.040.      94-23-024, § 352-32-010, filed 11/7/94, effective 1/1/95.      Statutory Authority: RCW 43.51.060.      94-08-036, § 352-32-010, filed 3/31/94, effective 5/1/94.      Statutory Authority: RCW 43.51.040.      94-01-087, § 352-32-010, filed 12/13/93, effective 1/13/94; 93-08-025, § 352-32-010, filed 3/30/93, effective 5/1/93; 93-06-001, § 352-32-010, filed 2/17/93, effective 3/20/93; 91-09-001, § 352-32-010, filed 4/4/91, effective 5/15/91.      Statutory Authority: RCW 43.51.040 and 43.51.060.      89-07-020 (Order 89-01), § 352-32-010, filed 3/7/89.      Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060.      87-24-032 (Order 102), § 352-32-010, filed 11/24/87.      Statutory Authority: RCW 43.51.040 and 43.51.060.      87-08-008 (Order 100), § 352-32-010, filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), § 352-32-010, filed 2/25/86; 81-09-034 (Order 50), § 352-32-010, filed 4/14/81.      Statutory Authority: RCW 43.51.040.      80-14-009 (Order 48), § 352-32-010, filed 9/22/80.      Statutory Authority: RCW 43.51.040 and 43.51.060.      80-05-007 (Order 45), § 352-32-010, filed 4/4/80; Order 9, § 352-32-010, filed 11/24/70.]

(1) In order to identify temporary field operations personnel to the public for their safety and welfare, it is necessary for selected employees to furnish and wear apparel that will comply with a generally accepted dress standard common to the outdoor recreation industry.

(2) The apparel for male and female ((park aides)) temporary field operations personnel shall consist of ((tan)) an agency approved long or short sleeve shirt/blouse and agency supplied logos ((must be applied as directed)) as defined in the agency uniform manual.

[Statutory Authority: RCW 43.51.040.      92-04-072, § 352-32-011, filed 2/4/92, effective 3/6/92; 90-20-031, § 352-32-011, filed 9/25/90, effective 10/26/90.]

(1) Camping 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.

No person or camping party may use any state park facility for residence purposes, as defined (WAC 352-32-010).

(2) No person shall camp in any state park area except in areas specifically designated and/or marked for that purpose or as directed by a ranger.

(3) Occupants shall vacate camping facilities by removing their personal property therefrom no later than 1:00 p.m., if the applicable camping fee has not been paid or if the time limit for occupancy of the campsite has expired or the site is reserved by another party.      Remaining in a campsite beyond the established checkout time shall subject the occupant to the payment of an additional camping fee.

(4) Use of utility campsites by tent campers shall be subject to payment of the utility campsite fee except when otherwise specified by a ranger.

(5) A campsite is considered occupied when it is being used for purposes of camping by a person or persons who have paid the camping fee within the applicable time limits or when it has been reserved through the appropriate procedures of the reservation system.      No person shall take or attempt to take possession of a campsite when it is being occupied by another party, or when informed by a ranger that such site is occupied, or when the site is posted with a "reserved" sign.      In the case of a reserved site, a person holding a valid reservation for that specific site may occupy it according to the rules relating to the reservation system for that park.      In order to afford the public the greatest possible use of the state park system on a fair and equal basis, campsites in those parks not on the state park reservation system will be available on a first-come, first-serve basis.      No person shall hold or attempt to hold campsite(s), for another camping party for present or future camping dates, except as prescribed for multiple campsites.      Any site occupied by a camping party must be actively utilized for camping purposes.

(6) One person may register for one or more sites within a multiple campsite by paying the multiple campsite fee.      An individual may register and hold a multiple campsite for occupancy on the same day by other camping parties.      Multiple campsites in designated reservation parks are reservable under the reservation system.

(7) In order to afford the general public the greatest possible use of the state park system, on a fair and equal basis, and to prevent residential use, continuous occupancy of facilities by the same camping party shall be limited.      Campers may stay ten consecutive nights in one park, after which the camping party must vacate the site for three consecutive nights, April 1 through September 30, not to exceed thirty days in a forty-day time period. Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied.      Campers may stay twenty consecutive nights in one park, after which the camping party must vacate the ((site)) park for three consecutive nights, October 1 through March 31, not to exceed forty days in a sixty-day time period.      This limitation shall not apply to those individuals who meet the qualifications of WAC 352-32-280 and 352-32-285.

(8) A maximum of eight people shall be permitted at a campsite overnight, unless otherwise authorized by a ranger.      The number of vehicles occupying a campsite shall be limited to one car and one recreational vehicle: Provided, That one additional vehicle without built-in sleeping accommodations may occupy a designated campsite when in the judgment of a ranger the constructed facilities so warrant.      The number of tents allowed at each campsite shall be limited to the number that will fit on the ((designated or)) developed tent pad or designated area as determined by a ranger.

(9) Persons traveling by bicycles, motor bikes or other similar modes of transportation and utilizing campsites shall be limited to eight persons per site, provided no more than four motorcycles may occupy a campsite.

(10) Water trail camping sites are for the exclusive use of persons traveling by human and wind powered beachable vessels as their primary mode of transportation to the areas.      Such camping areas are not subject to the campsite capacity limitations as otherwise set forth in this section.      Capacities for water trail camping sites may be established by the ranger on an individual basis and are subject to change based upon the impacts to the area. All persons using water trail camping sites shall have in their possession a valid annual water trail permit or have paid the required nightly fee.

(11) Overnight stays (bivouac) on technical rock climbing routes will be allowed as outlined in the park's site specific climbing management plan.      All litter and human waste must be contained and disposed of properly.

(12) Emergency camping areas may be used only when all designated campsites are full and at the park ((manager's)) ranger's discretion.      Persons using emergency areas must pay the ((primitive)) applicable campsite fee and must vacate the site when directed by the park ((manager)) ranger.

(13) Designated overflow camping areas may be used only when all designated campsites in a park are full and the demand for camping in the geographic area around the park appears to exceed available facilities.      Persons using overflow camping areas must pay the ((primitive)) applicable campsite fee.      ((If a nearby flush comfort station is available, persons using overflow camping areas must pay the standard campsite fee.))

(14) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-030, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.180.      96-02-015, § 352-32-030, filed 12/21/95, effective 1/21/96.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-030, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.040.      94-23-024, § 352-32-030, filed 11/7/94, effective 1/1/95; 93-06-001, § 352-32-030, filed 2/17/93, effective 3/20/93.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-030, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      87-08-008 (Order 100), § 352-32-030, filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), § 352-32-030, filed 2/25/86; 83-09-031 (Resolution No. 67), § 352-32-030, filed 4/15/83; 82-09-035 (Order 60), § 352-32-030, filed 4/14/82; 81-09-034 (Order 50), § 352-32-030, filed 4/14/81; 80-05-007 (Order 45), § 352-32-030, filed 4/4/80.      Statutory Authority: RCW 43.51.040(2) and 43.51.060(6).      78-05-082 (Order 39), § 352-32-030, filed 5/1/78; Order 33, § 352-32-030, filed 4/28/77; Order 9, § 352-32-030, filed 11/24/70.]

Picnicking is permitted only in designated and marked picnicking areas, or in such other places within a state park area as designated by a ranger.      ((Except as provided in WAC 352-32-310,)) 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, § 352-32-040, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-040, filed 2/25/86; Order 9, § 352-32-040, filed 11/24/70.]

(1) All designated group facilities shall be reservable by groups as defined in WAC 352-32-010.      ((A group is defined as 20 or more people engaged together and commonly in outdoor recreation at one park location.))

(2) All designated group facilities shall have a predetermined use capacity.      No group exceeding this capacity in number shall use these areas.      Groups making reservations shall be charged the applicable fee for a minimum of 20 people.

(3) Use of designated group facilities may be by reservation.      Requests made at the park for reservations for groups of 20 to 250 shall be made 15 days in advance and for groups in excess of 250 shall be made 30 days in advance of the proposed use date, using the group use permit.      All conditions outlined on the group use permit shall be binding on the group.

(4) Submittal of the group use permit request, payment of appropriate fees, which may include a nonrefundable reservation transaction fee, a first day/night use fee and a damage deposit are required for the use of these facilities. Fees are published by state parks.      In those cases where the fee is submitted at a later date, it must be paid by certified check, ((bank money order,)) or ((postal)) money order.      Refunds will be made only to those groups which cancel their reservations thirty or more days before the effective date of the reservations.

(5) For overnight group use, parking will be in the provided, defined areas.      If additional parking is required, it may be available in the park's extra vehicle parking facility following the payment of the appropriate extra vehicle parking fee.

(6) A damage deposit may be required by the park manager as part of the reservation.      In those cases where the deposit is submitted at a date later than the reservation request, it must be paid by certified check, bank money order, or postal money order.      This deposit shall be held by the Washington state parks and recreation commission to encourage the cleanliness and good order of the group facility.      Deposits are published by state parks with the schedule of fees.      Refund of this deposit shall be determined after an inspection of the area by a ranger and the individuals responsible for the group.

(7) Facility reservations made at the park will be accepted for the calendar year, on or after the first working day in January of that calendar year.      Reservations shall be made by a person of the age of majority, who must be in attendance during the group's activities.      Reservations at the parks will be accepted in writing, in person, or by phone at the discretion of the park manager.      In person and phone reservation requests shall only be accepted at the park during normal park operation hours.      All reservation requests will be processed in order of arrival.      Group facility areas not reserved are available on a first-come, first-serve basis.

(8) Any group wishing to sell or dispense alcoholic beverages must request and obtain all appropriate licenses and permits.      In order to sell alcoholic beverages, the group must obtain a temporary concession permit from the headquarters office of the Washington state parks and recreation commission.

(9) It shall be within the authority of the park manager, or his representative, to rescind the rights of a reservation, and remove from the park, any or all members of the group whose behavior, at any time, is in conflict with any state laws, becomes detrimental to the health and safety of the group or other park users, or becomes so unruly as to affect the reasonable enjoyment of the park by other park users.

(((10) Reservations placed through the central reservation system for individual overnight facilities and designated group facilities shall be made according to policies approved by the director.))

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-045, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-045, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.040.      94-23-024, § 352-32-045, filed 11/7/94, effective 1/1/95.      Statutory Authority: RCW 43.51.060.      94-08-036, § 352-32-045, filed 3/31/94, effective 5/1/94.      Statutory Authority: RCW 43.51.040.      91-09-001, § 352-32-045, filed 4/4/91, effective 5/15/91; 90-07-062, § 352-32-045, filed 3/20/90, effective 4/20/90.      Statutory Authority: RCW 43.51.040 and 43.51.060.      88-07-074 (Order 103), § 352-32-045, filed 3/18/88, effective 5/15/88; 83-09-031 (Resolution No. 67), § 352-32-045, filed 4/15/83; 82-09-035 (Order 60), § 352-32-045, filed 4/14/82; 80-05-007 (Order 45), § 352-32-045, filed 4/4/80; Order 32, § 352-32-045, filed 4/28/77.]

(1) The director or designee shall establish for each state park area, according to existing conditions, times, and periods when it will be open or closed to the public.      Such times and periods shall be posted at the entrance to the state park area affected and at the park office.      No person shall enter or be present in a state park area after the posted closing time except:

(a) Currently registered campers who are camping in a designated campsite or camping area;

(b) Guests of a currently registered camper who may enter and remain until 10:00 p.m.;

(c) Guests of a state park employee;

(d) Technical rock climbers who bivouac on vertical climbing routes not otherwise closed to public use.

(2) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.180.      96-02-015, § 352-32-050, filed 12/21/95, effective 1/21/96.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-050, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040.      90-07-062, § 352-32-050, filed 3/20/90, effective 4/20/90.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-050, filed 2/25/86; 80-05-007 (Order 45), § 352-32-050, filed 4/4/80; Order 21, § 352-32-050, filed 3/20/75; Order 9, § 352-32-050, filed 11/24/70.]

The director or designee may establish for each state park area according to facilities, design, and/or staffing levels, the number of individuals and/or vehicles allowed in any state park area or structure at any given time or period.      No person shall enter in any state park area or facility or bring in or cause to be brought in any vehicle and/or persons which would exceed the capacity as established by the director or designee and when the individual is informed either by signs or by park staff that such capacity has been met and the park is full.

((Except as provided in WAC 352-32-310,)) 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, § 352-32-053, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-053, filed 2/25/86.]

To insure peace and quiet for visitors:

(1) No person shall conduct themselves so that park users are disturbed in their sleeping quarters or in campgrounds or park employees in their sleeping quarters between the quiet hours of 11:00 p.m. and 6:30 a.m.

(2) No person shall, at any time, use sound-emitting electronic equipment including electrical speakers, radios, phonographs, televisions, or other such equipment, at a volume which emits sound beyond the immediate individual camp or picnic site that may disturb other park users without specific permission of the area ranger.

(3) Engine driven electric generators may be operated only between the hours of 8:00 a.m. and 9:00 p.m.

(4) ((Except as provided in WAC 352-32-310,)) 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, § 352-32-056, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-056, filed 2/25/86.]

(1) All pets or domestic animals must be kept under physical control, on a leash no greater than eight feet in length, or otherwise physically restrained, ((and under control)) at all times while in a state park area.

(2) Pets and domestic animals may not be allowed to dig or otherwise disturb or damage the natural or cultural features of any state park area.

(3) In any state park area, pets or domestic animals, except for ((guide dogs)) assistance dogs for persons with disabilities, are not permitted on any designated swimming beach; within a natural area preserve; during the skiing season on any designated alpine ski site or cross country ski trail in which the track has been prepared, set, or groomed; or in any public building unless so posted.

(4) In any state park area, pets or domestic animals, except for ((guide dogs)) assistance dogs for persons with disabilities, may be prohibited for the protection of wildlife, sensitive natural systems, special cultural areas, or for other purposes, if approved by the director or designee and so posted.

(5) No person shall allow his/her pet or domestic animal to bite or in any way molest or annoy other park visitors.      No person shall permit his/her pet or domestic animal to bark or otherwise disturb the peace and tranquillity of the park.

(6) Any person bringing a pet or domestic animal into a state park area shall dispose of animal feces in a plastic or paper sack. The sack shall then be deposited in a solid waste container.

(7) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

(8) This section shall not apply to the recreational use of horses, llamas, sled dogs, or similar animals as authorized by WAC 352-32-070.

[Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395.      96-01-078, § 352-32-060, filed 12/18/95, effective 1/18/96.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-060, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040.      86-20-020 (Order 96), § 352-32-060, filed 9/22/86; 82-12-008 (Order 61), § 352-32-060, filed 5/21/82; Order 9, § 352-32-060, filed 11/24/70.]

(1) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted on trails in any state park area, except where designated and posted to specifically or conditionally permit such activity. The director or designee may open or close trails to such use. This decision shall include an evaluation of factors including, but not limited to, conflict with other park users, public safety, and damage to park resources and/or facilities. This evaluation shall include a reasonable effort to involve interested trail users of the park in question, including, at a minimum, one public meeting advertised and conducted in the region where the park is located. Trails designated open for such use may be temporarily closed by the park manager due to emergency health, safety, or resource protection considerations.

(2) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.

(3) Horses, llamas, sled dogs or similar animals used for recreation shall not be permitted in any designated swimming areas, campgrounds - except designated horse- or pack-oriented camping areas - or picnic areas, nor within a natural area preserve.

(4) Horses, llamas, sled dogs or similar animals used for recreation shall not be permitted within natural areas or natural forest areas, except that relocation of existing equestrian or other similar trails into natural areas or natural forest areas may be permitted upon a finding by the director or designee that such relocation is for the purpose of reducing overall resource impacts to a state park area.

(5) No person shall ride any horse or other animal in such a manner that might endanger life or limb of any person or animal, or damage park resources and/or facilities, and no person shall allow a horse or other animal to stand unattended or insecurely tied. Persons using horses or other animals for recreation shall obey regulatory signs, including those permanently or temporarily erected, that govern the timing, location, speed, type and/or manner of use.

(6) ((Except as provided in WAC 352-32-310,)) Any person bringing a horse, llama, sled-dog or similar animal into a state park area shall clean-up and dispose of animal feces in parking lots, at trail heads and other central locations used by park visitors.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040, 43.51.045, 43.51.050, 43.51.060(1), 43.51.061 and 43.51.395.      99-15-030, § 352-32-070, filed 7/13/99, effective 8/13/99.      Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395.      96-01-078, § 352-32-070, filed 12/18/95, effective 1/18/96.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-070, filed 9/17/92, effective 10/18/92; Order 9, § 352-32-070, filed 11/24/70.]

(1) Whenever used in this section, nonmotorized cycle or similar device shall mean any wheeled, operator-propelled equipment that transports the operator on land, including cycles, roller blades and skateboards, but not including wheelchairs or other devices utilized by persons with disabilities.

(2) Operation of nonmotorized cycles or similar devices shall be permitted upon public roads in state park areas.

(3) No operation of nonmotorized cycles or similar devices shall be permitted on trails in any state park area, except where designated and posted to specifically or conditionally permit such activity, or as specified in (b) of this subsection.

(a) The director or designee may open or close trails to such use. This decision shall include an evaluation of factors including, but not limited to, the degree of conflict with other park users, public safety, and damage to park resources and/or facilities related to these devices. This evaluation shall include a reasonable effort to involve interested trail users of the park in question, including, at a minimum, one public meeting advertised and conducted in the region where the park is located.

(b) No existing trails open to use by nonmotorized cycles or similar devices prior to January 1, 1999, shall be closed to such use without an evaluation of use suitability following the criteria and process of (a) of this subsection; except for temporary closures by the park manager due to emergency health, safety, or resource protection considerations.

(4) No operation of nonmotorized cycles or similar devices shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.

(5) Use of nonmotorized cycles or similar devices is prohibited in the following state park areas:

(a) Within designated natural areas, natural forest areas, or natural area preserves: Provided, That relocation of existing nonmotorized trails into natural areas or natural forest areas may be permitted upon a finding by the director or designee that such relocation is for the purpose of reducing overall resource impacts to a state park area.

(b) Upon designated special use trails such as interpretive or exercise trails.

(c) Upon docks, piers, floats, and connecting ramps.

(6) Persons operating such devices in state park areas shall:

(a) Obey regulatory signs, including those permanently or temporarily erected, that govern the timing, location, speed, type and/or manner of operation, designed to promote visitor health and safety.

(b) Restrict speed and manner of operation to reasonable and prudent practices relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety, and the safety of all other park visitors.

(c) Yield the right of way to pedestrians and animals.

(d) Dismount and walk in congested areas and posted walk zones.

(e) Slow down, make presence known well in advance, and use courtesy and caution when approaching or overtaking other persons or animals.

(f) Display adequate lighting during hours of darkness.

(g) Use caution when approaching turns or areas of limited sight distance.

(h) Not disturb or harass wildlife.

(i) When on public roads within a state park area, operate in compliance with any additional requirements of RCW 46.61.750 through 46.61.850.

(7) The director or designee may designate trails for preferential use by cyclists and may specifically authorize use of any facilities for special cycling recreation events, excluding roads or trails specified in subsection (5) of this section.

(8) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040, 43.51.045, 43.51.050, 43.51.060(1), 43.51.061 and 43.51.395.      99-15-030, § 352-32-075, filed 7/13/99, effective 8/13/99.      Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-075, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395.      96-01-078, § 352-32-075, filed 12/18/95, effective 1/18/96.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-075, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      89-01-034 (Order 108), § 352-32-075, filed 12/13/88.]

(1) Swimming areas in state park areas are marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas.

(2) Any person swimming outside the boundaries of a designated swimming area, or in any area not designated for swimming, or in any area, whether designated for swimming or not, where no lifeguard is present, shall do so at his or her own risk.

(3) All persons using any designated swimming area shall obey all posted beach rules and/or the instructions of lifeguards, rangers, or other state parks employees.

Children twelve years of age or younger, must be accompanied by a responsible adult while using the swim area.

(4) No person shall swim in any designated watercraft launching area.

(5) No person shall give or transmit a false signal or false alarm of drowning in any manner.

(6) Use of inflated mattresses, rubber rafts, rubber boats, inner tubes, or other objects, except U.S. Coast Guard approved life jackets, in state park areas for the purpose of buoyancy while swimming or playing in any designated swimming area is prohibited.      Concessionaires are not permitted to rent or sell such floating devices within state parks without written approval of the commission.

(7) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-080, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-080, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-080, filed 2/25/86; Order 10, § 352-32-080, filed 8/3/71; Order 9, § 352-32-080, filed 11/24/70.]

(1) Whenever used in this section, technical rock climbing shall mean climbing while using such aids as pitons, carabiners or snap links, chalk, ropes, fixed or removable anchors, or other similar equipment.      Technical rock climbing includes bouldering and free soloing (respectively low and high elevation climbing without ropes).

(2) Technical rock climbing will be allowed in state parks except it is:

(a) Not permitted in natural area preserves;

(b) Conditioned in heritage areas, natural areas and natural forest areas;

(c) Not permitted where the director or designee has closed the area pursuant to subsection (3) of this section;

(d) Limited in state park areas without climbing management plans pursuant to subsection (6) of this section to the use of routes with established fixed protection, new routes that do not use fixed protection, nor require gardening/cleaning with any type of cleaning tool;

(e) Not permitted in state park areas closed to public use.

(3) The director or designee may, permanently or for a specified period or periods of time, close any state park area to technical rock climbing if the director or designee concludes that a technical rock climbing closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources.      Prior to closing any park or park area to technical rock climbing, the director or the designee shall hold a public meeting in the general area of the park or park area to be closed to technical rock climbing.      Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting.      In the event that the director or designee determines that it is necessary to close a rock climbing area immediately to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or park resource, the director or designee may take emergency action to close a park area to rock climbing without first complying with the publication and hearing requirements of this subsection.      Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and hearing requirements of this subsection.

(4) The director or designee shall ensure that any park area closed to technical rock climbing pursuant to subsection (3) of this section is conspicuously posted as such at the entrance of said park area.      Additionally, the director shall maintain a list of all parks and park areas closed to technical rock climbing pursuant to subsection (3) of this section.

(5) The director or designee shall establish a committee of technical rock climbers, to advise park staff on park management issues related to technical rock climbing for each state park area where deemed necessary by the agency.

(6) Each state park area with an established advisory committee of technical rock climbers will have a climbing management plan which will specify technical rock climbing rules concerning overnight stays on climbing routes, bolting, power drills, stabilization of holds, group size and activities, gardening/cleaning of routes pursuant to chapter 352-28 WAC and RCW ((43.51.180)) 79A.05.165, chalk, special use designations for climbing areas, protection of sensitive park resources, and other such issues required by the director or designee.      Climbing management plans that relate to natural forest areas or heritage areas must be approved by the commission.      The director or designee shall ensure that any technical rock climbing rules contained in a climbing management plan are conspicuously posted at the entrance of the affected park area.

(7) Bolting will be allowed as specified in climbing management plans.

(8) The use of power drills will be allowed only if the park climbing management plans specifically permit under specified conditions for bolt replacement and bolt installation on new routes. They are otherwise prohibited.

(9) The addition of holds onto the rock face by any means, including gluing, chipping, or bolting is prohibited.

(10) Except as provided in WAC 352-32-310, any violation of this section and rules contained in the park management plan and posted at the park is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-085, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.180.      96-02-015, § 352-32-085, filed 12/21/95, effective 1/21/96.]

Playing games in a manner and/or location which subjects people or personal property, the park resource or facilities to risk of injury or damage shall be prohibited.      ((Except as provided in WAC 352-32-310,)) 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, § 352-32-090, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-090, filed 2/25/86; Order 9, § 352-32-090, filed 11/24/70.]

(1) No person shall disrobe in public in any state park area.

(2) Clothing sufficient to conform to common standards shall be worn at all times.

(3) ((Except as provided in WAC 352-32-310,)) 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, § 352-32-100, filed 9/17/92, effective 10/18/92; Order 9, § 352-32-100, filed 11/24/70.]

No person shall erect, maintain, use, or occupy any temporary tent or shelter on any swimming beach in any state park area unless there is an unobstructed view through such tent or shelter from at least two sides: Provided, however, That nothing herein contained shall be construed to authorize camping except in designated areas.      ((Except as provided in WAC 352-32-310,)) 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, § 352-32-110, filed 9/17/92, effective 10/18/92; Order 9, § 352-32-110, filed 11/24/70.]

No person shall possess a firearm with a cartridge in any portion of the mechanism within any upland state park area, nor shall any person discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010, a firearm, bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state parks use.      This WAC does not apply to ((on duty law enforcement officers when working in the official capacity of their employing law enforcement agency)) general authority law enforcement officer as defined in RCW 10.93.020.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-120, filed 2/2/98, effective 3/5/98; 93-06-001, § 352-32-120, filed 2/17/93, effective 3/20/93.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-06-020 (Order 91), § 352-32-120, filed 2/25/86; Order 9, § 352-32-120, filed 11/24/70.]

(1) No aircraft shall land on or take off from any body of water or land area in a state park area not specifically designated for landing aircraft.      This provision does not apply to official aircraft used in the performance of search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations or fire fighting activities.      It also does not apply in cases where the director or designee specifically authorizes such landings or take offs, in writing, associated with the operational, or administrative needs of the agency or state.

(2) Individuals who have complied with the registration process provided or who have obtained a special recreation event permit pursuant to WAC 352-32-047 may launch and land paragliders in state park areas specifically designated by the director or designee as available for paragliding.      Prior to any such designation, the director or designee shall advertise and conduct a public meeting in the region where the park is located.      The director or designee shall consider the potential impacts of paragliding in the proposed area, including but not limited to the following factors: The degree of conflict paragliding may have with other park uses, public safety issues, and any potential damage to park resources/facilities.      Any park designated for paragliding shall be conspicuously posted as such by the ((director)) agency.

(3) Individuals paragliding in state parks must:

(a) Comply with the registration process provided for such purposes;

(b) Observe all applicable laws and regulations;

(c) Never destroy or disturb park facilities, natural features, or historical or archeological resources;

(d) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities;

(e) Conduct themselves in compliance with the following basic safety regulations:

(i) Comply with specific site operational rules that are posted;

(ii) Fly in a manner consistent with the pilot rating held;

(iii) Preplanned landings should be made in areas no smaller than forty feet wide by one hundred feet long;

(iv) Make preflight checks of weather, equipment and site conditions;

(v) Observe all published traffic and right of way flight guidelines, including yielding right of way to all aircraft;

(vi) Wear protective clothing, headgear, Coast Guard approved flotation gear, reserve parachute, supplemental oxygen and communication equipment as appropriate for conditions;

(vii) Fly in a manner that does not create a hazard for other persons or property;

(viii) Fly only during daylight hours, or hours otherwise specified by posting at the site;

(ix) Do not fly over congested areas of parks or open air assembly of persons;

(x) Fly only in designated areas of parks;

(xi) Fly with visual reference to the ground surface at all times.

(xii) Do not tether paraglider to the ground or other stable nonmovable object.

(f) Not fly while under the influence of alcohol or drugs.

(4) Individuals flying remote controlled aircraft ((and helicopters)) must do so only within ((the designated)) flying areas designated by the director or designee and only when following the remote controlled aircraft management plan approved by the director or designee and posted for that designated area.

(a) ((The director or designee may permanently, or for a specified period or periods of time, close any state park area to remote controlled aircraft flying if the director or designee concludes that a remote controlled aircraft flying closure is necessary for the protection of the health, safety, and welfare of the public, park visitors or staff, or park resources. Prior to closing any park or park area to remote controlled aircraft flying, the director or designee shall hold a public meeting near the state park area to be closed to remote controlled aircraft flying. Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting. In the event that the director or designee or park manager determines that it is necessary to close a remote controlled aircraft flying area immediately to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff, or park resources, the director or designee or park manager may take emergency action to close a state park area to remote controlled aircraft flying without first complying with the publication and meeting requirements of this subsection. Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and meeting requirements of this subsection. The director or designee shall ensure that any designated remote controlled aircraft flying area closed to remote controlled aircraft flying is conspicuously posted as such at the entrance of the affected park area.)) Prior to any such designation, the director or designee shall advise and conduct a public meeting in the region where the park is located. The director shall consider the potential impacts of remote controlled aircraft flying in the proposed area, including, but not limited to, the following factors: The degree of conflict remote controlled aircraft flying may have with other park uses, public safety issues, and any potential damage to park resources/facilities. Any park area designated for remote controlled aircraft flying shall be conspicuously posted as such by the director or designee.

(b) The director or designee shall establish a committee of remote controlled aircraft flying to advise park staff on park management issues related to remote controlled aircraft flying for each state park area designated as a remote controlled aircraft flying site. ((The director or designee shall receive all appeals on denial of flying areas being created in specific parks.))

(c) Each state park area with an established advisory committee of remote controlled aircraft flyers will have an approved management plan which will specify remote controlled aircraft flying rules concerning types of aircraft, flying hours, identified approved flying zones, identified runways for take-offs and landings, engine muffler requirements, use of and posting of radio frequency, fuel spills and clean-up. The director or designee shall ensure that any remote controlled aircraft flying rules contained in the remote controlled aircraft flying management plan are conspicuously posted at the entrance of the affected park area.

(d) The director or designee may permanently, or for a specified period or periods of time, close any designated flying area to remote controlled aircraft flying if the director or designee concludes that a remote controlled aircraft flying closure is necessary for the protection of the health, safety, and welfare of the public, park visitors or staff, or park resources. Prior to closing any designated flying area to remote controlled aircraft flying, the director or designee shall hold a public meeting near the state park area to be closed to remote controlled aircraft flying. Prior notice of the meeting shall be published in a newspaper of general circulation in the area and at the park at least thirty days prior to the meeting. In the event that the director or designee or park manager determines that it is necessary to close a designated flying area immediately to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff, or park resources, the director or designee or park manager may take emergency action to close a state park area to remote controlled aircraft flying without first complying with the publication and meeting requirements of this subsection. Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and meeting requirements of this subsection. The director or designee shall ensure that any designated flying area closed to remote controlled aircraft flying is conspicuously posted as such at the entrance of the affected park area.

(e) Except as provided in WAC 352-32-310, any violation of this section or failure to abide by a conspicuously posted remote controlled aircraft flying rule is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040(2).      98-23-063, § 352-32-130, filed 11/16/98, effective 1/1/99.      Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-130, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.      96-22-018, § 352-32-130, filed 10/29/96, effective 1/1/97.      Statutory Authority: RCW 43.51.040.      94-01-087, § 352-32-130, filed 12/13/93, effective 1/13/94.      Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060.      87-24-032 (Order 102), § 352-32-130, filed 11/24/87; Order 9, § 352-32-130, filed 11/24/70.]

(1) For the purposes of this section, the following definition applies: Fish are defined as all marine and freshwater fish and shellfish species including all species of aquatic invertebrates.

(2) Except for those state park areas in which harvest has been prohibited pursuant to subsection (3), (4), or (5) of this section, all state park areas are open for the harvest of fish, subject to all laws, rules, and regulations of the state department of fish and wildlife relating to seasons, limits, and methods of harvest.      The director or designee may develop or amend a memorandum of agreement with the state department of fish and wildlife to guide management of state park fishing areas.

(3) No person shall remove or cause to be removed any fish from any state park area except for food fish as defined by WAC 220-12-010, shellfish as defined by WAC 220-12-020, and game fish as defined by RCW 77.08.020 and WAC 232-12-019.

(4) The commission may, after consultation with the state department of fish and wildlife and local tribes, close state park areas to the harvest of some or all species of fish.      Such state park areas shall be conspicuously posted as closed to harvest.

(5) The director or designee may temporarily close any state park area to the harvest of some or all species of fish.      Any such closure may be for only so long as is necessary to bring the issue before the commission at its next scheduled regular meeting.      Such state park areas shall be conspicuously posted as closed to harvest.

(a) Prior to closing any park area pursuant to this subsection, the director or designee shall hold a public hearing in the general vicinity of the park area to be closed.      Prior notice of the public hearing shall be published in a newspaper of general circulation in the vicinity.

(b) In the event the director or designee determines that an immediate harvest closure is necessary to protect against an imminent and substantial threat to the health, safety, and welfare of the public, park visitors or staff or ((commission property)) park resources, the director or designee may take emergency action to close a park to the harvest of fish without first complying with the publication and hearing requirements of this subsection.      Such emergency closures may be effective for only so long as is necessary for the director or designee to comply with the publication and hearing requirements of this subsection.

(6) A list of the state park areas closed pursuant to subsection (4) or (5) of this section shall be maintained by the director or designee and be available to the public upon request.

(7) No person shall harvest or possess any fish from within a state park area posted as closed to harvest pursuant to subsection (4) or (5) of this section, except as necessary for scientific research authorized in writing by state parks.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-150, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.180(3).      96-01-030, § 352-32-150, filed 12/11/95, effective 1/11/96; Order 19, § 352-32-150, filed 2/1/74; Order 9, § 352-32-150, filed 11/24/70.]

(1) The Little Spokane River Natural Area was established by the commission to conserve a unique natural environment in a nearly undeveloped state for passive low density outdoor recreation activities.      To conserve the natural resources, scenic beauty and tranquility of the area, the following are prohibited within the Little Spokane River Natural Area:

(a) Bicycles.

(b) Camping.

(c) Commercial development or activities.

(d) Consumption of alcoholic beverages.

(e) Fires or fireworks.

(f) Horseback riding off trails designated for equestrian use.

(g) Hunting.

(h) Motorized boats, ((jet skis)) personal watercraft, or boats propelled by means other than oars or paddles; use of canoes, rowboats, kayaks and rafts is specifically authorized.

(i) Pets including all dogs except ((guide dogs)) assistance dogs for persons with disabilities.

(j) Swimming, or use of innertubes, air mattresses or similar floatation devices.

(k) Travel by foot, skis or snowshoes off designated trails or outside designated corridors.

(2) This section does not apply to ((commission)) government employees, or their agents in the performance of their duties, or search and rescue, medical emergency response, law enforcement or fire fighting activities.      ((It also does not apply in cases where the director or designee specifically authorizes activities in writing associated with the operational or administrative needs of the agency or state.))

[Statutory Authority: RCW 43.51.040, 43.51.060 and 43.51.650-680.      88-10-017 (Order 104), § 352-32-15001, filed 4/27/88.]

(1) In order to preserve the scenic quality, peace, and tranquility and to protect and preserve the wildlife on lakes lying wholly within state park boundaries, to increase visitor safety, and to limit the degradation of lake water quality, the use of internal combustion engines on lakes lying wholly within the boundaries of state park areas is prohibited except where listed in WAC 352-32-155(2) or when authorized in writing by the director.

(2) Lakes where internal combustion engines may be used are:

Horsethief Lake in Horsethief Lake State Park.

(3) This provision does not apply to government employees ((of the commission, other law enforcement officers or public agency representatives while engaged)), or their agents in the performance of their duties, or ((to persons or groups participating in emergency or search and rescue operations)) search and rescue, medical emergency response, law enforcement or fire fighting activities.

(4) ((Except as provided in WAC 352-32-310,)) 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, § 352-32-155, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040, 43.51.395 and 43.51.400(6).      86-11-053 (Order 94), § 352-32-155, filed 5/19/86.]

(1) In order to preserve the scenic quality, peace and tranquility, and to protect and preserve wildlife, increase visitor safety, and to limit the degradation of lake water quality, the Washington state parks and recreation commission, in conjunction with the following ordinance(s), prohibits the use of internal combustion engines on the following lakes partially within park boundaries:

Cascade Lake at Moran State Park, San Juan county ordinance 10.16.030.

(2) This provision does not apply to government employees ((of the commission, other law enforcement officers or governmental agency representatives while engaged)), or their agents in the performance of their duties, ((or to persons or groups participating in emergency)) or search and rescue ((operations)), medical emergency response, law enforcement or fire fighting activities.

(3) ((Except as provided in WAC 352-32-310,)) 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, § 352-32-157, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040, 43.51.395 and 43.51.400(6).      86-11-053 (Order 94), § 352-32-157, filed 5/19/86.]

(1) Public assemblies are permitted in state park areas on grounds which are open to the public generally, provided a permit therefor has been issued as herein provided.

(2) An application for such a permit may be submitted on such forms as may be provided by the commission, or in any written form so long as the permit application sets forth the following:

(a) Name, address and phone number of the applicant;

(b) Date, time, duration, nature and place of the proposed event, including a description or schedule of events and activities;

(c) Estimate of the number of persons expected to attend including the basis for the estimate;

(d) Special equipment, including temporary structures such as speakers' stands, platforms, lecterns, chairs, benches or the like, and any sound amplification equipment to be used in connection with the event;

(e) Special facilities, including emergency first aid, additional sanitation and refuse collection facilities, to be used in connection with the event;

(f) Crowd control to be provided by the event sponsor;

(g) Designation of a responsible contact individual with whom park officials may coordinate event activities, plans and preparations.

(3) The equipment and facilities referenced in subsection (2)(d) and (e), of this section, are to be provided by the event sponsor, unless other mutually satisfactory arrangements are made to use locally available commission owned equipment and facilities.

(4) The applicant must supply satisfactory evidence of arrangements for such equipment, facilities, and crowd control.

(5) The applicant must submit a completed environmental checklist along with the application.      Environmental checklists are available at libraries, city planning offices, state parks, and similar outlets.      Upon request, the agency will assist the applicant in completing the environmental checklist and may be compensated in accordance with agency State Environmental Policy Act (SEPA) rules, WAC 197-11-914.

(6) ((It is recommended that)) Permit applications must be submitted at least ((thirty)) sixty days in advance of the proposed event so that the information supplied in the application may be verified and so that the agency can notify and coordinate action with officials of other jurisdictions and agencies responsible for health, safety and welfare. The sixty-day time limit is also necessary in order to comply with SEPA review requirements to identify any potential environmental impacts and mitigation. This requirement for an application to be filed sixty days prior to an event may be waived in rare circumstances where arrangements can be made in a shorter time while still complying with all other requirements of this section.

(7) The permit application must be submitted along with a nonrefundable permit fee as published by state parks to the ((director of the)) Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, Washington 98504-2650.      The director, or designee, may issue a permit consistent with the application, or otherwise modified in a manner which is acceptable to the applicant.      ((The director will issue a permit on proper application unless:

(a))) The following criteria will be evaluated in considering a permit application:

(a) The ability of the applicant to finance, plan and manage the activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and consistent with the protection of park resources and image;

(b) The extent to which the proposed activity, in both nature and timing, threatens interference with customary usage of the park by members of the public or interferes with the convenience of park neighbors and the general public;

(c) The experience of the applicant in performing similar activities in the past;

(d) Measures undertaken to mitigate any changes in customary park usage or damage to park resources caused by the activity.

(8) Following an evaluation of the above listed criteria, the director or designee will issue a permit unless:

(a) The application does not adequately address the evaluation criteria; or

(b) A prior application for the same time and place has been made which has been or will be granted; or

(((b))) (c) The event will present a clear and present danger to the public health or safety; or

(((c))) (d) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area ((applied for)) requested.      In considering this, the director or designee shall take into account the potential for significant environmental impact.

(((8) All permit applications shall be deemed granted if not denied or otherwise conditioned or limited as herein specified, and the applicant advised of such action by written notification mailed, first-class postage prepaid, within ten days of receipt of the application.)) (9) The director or designee will acknowledge receipt of the permit application within ten days. The acknowledgement will estimate the timeline for processing the application based on the complexity of the requested use. The director or designee shall make the final ruling on the permit application as soon as possible but no later than ten days prior to the proposed event.      The granting of this permit does not exempt the applicant from complying with other state, county or local permit requirements nor does it excuse compliance with the State Environmental Policy Act, where applicable.      A threshold determination will be made by the agency to determine potential environmental impact.      Applicants should be aware that timelines may exist under the State Environmental Policy Act and implementing regulations which are independent of this permit requirement.

(((9))) (10) All permit denials will be in writing, will contain a statement of the specific reasons for the denial, and will advise the applicants of the right to request judicial review of the denial as provided in subsection (((11))) (12) of this section.

(((10))) (11) A permit issued ((by the director)) may contain such conditions as are reasonably consistent with protection and use of the park area for the purposes for which it is maintained.      It may also contain reasonable limitations on the time and area within which the event is permitted.

(((11))) (a) The commission may require applicants to arrange for general liability insurance to cover participants, and the state of Washington will be named as an additional insured.

(b) The commission may require the filing of a bond with satisfactory surety payable to the state, to cover costs such as restoration, rehabilitation and cleanup of the area used, and other costs resulting from the permittee activity. In lieu of a bond, a permittee may elect to deposit cash equal to the amount of the required bond.

(12) Applicants whose permit application is denied may in writing request that the commission seek judicial review of the denial, in which event the commission shall timely seek a declaratory judgment pursuant to the Uniform Declaratory Judgment Act, chapter 7.24 RCW, and Superior Court Rule 57, in the superior court for Thurston County.      Such requests shall be mailed, or otherwise delivered to the Director, Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, Washington 98504-2650, within ten days from the date the application is denied.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-165, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-165, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060.      87-24-032 (Order 102), § 352-32-165, filed 11/24/87.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-08-014 (Order 92), § 352-32-165, filed 3/24/86; 83-08-032 (Resolution No. 66), § 352-32-165, filed 3/31/83.]

Except as may be otherwise allowed in connection with a permit issued under WAC 352-32-165 or 352-32-047, or a cooperative agreement pursuant to RCW ((43.51.060)) 79A.05.070(2), no person shall engage in solicitation, or sell or peddle any services, goods, wares, merchandise, liquids, or edibles for human consumption in any state park area, except by concession or permit granted by the commission.      ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-195, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-195, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.040 and 43.51.180.      94-16-026, § 352-32-195, filed 7/25/94, effective 8/25/94.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-195, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      83-13-089 (Resolution No. 70), § 352-32-195, filed 6/17/83.]

(1) In addition to the penalty provided in RCW ((43.51.180)) 79A.05.165, or any other existing or future law of the state of Washington, failure to comply with any section of this chapter, or of any other chapter of this title, or any other rule or regulation of the commission, or with any other federal, state, or local law, rule, or regulation applicable under the circumstances, shall subject the person so failing to comply to expulsion from any state park area, for a period of time no less than forty-eight hours.

(2) All drug or alcohol related misconduct for which a citation is issued shall additionally subject the individual to expulsion from all lands administered by the commission for the following periods:

(a) One incident shall result in a ((twenty-four)) forty-eight-hour expulsion.

(b) Two incidents shall result in a thirty-day expulsion.

(c) Three incidents shall result in a one-year expulsion.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-200, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395.      96-01-078, § 352-32-200, filed 12/18/95, effective 1/18/96.      Statutory Authority: RCW 43.51.040.      91-07-014, § 352-32-200, filed 3/12/91, effective 4/12/91; Order 9, § 352-32-200, filed 11/24/70.]

(1) Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any state park or state park area is prohibited except in the following designated areas and under the following circumstances in those state parks or state park areas not posted by the director or designee as closed to alcohol pursuant to subsection (4) of this section:

(a) In designated campsites or in other overnight accommodations, by registered occupants or their guests; provided ELC users obtain written permission through state parks application process;

(b) In designated picnic areas, which shall include those sites within state park areas where picnic tables, benches, fireplaces, and/or outdoor kitchens are available, even though not signed as designated picnic areas and public meeting rooms;

(c) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager; and

(d) In any building, facility or park area operated and maintained under a concession agreement, wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(2) Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages is prohibited at the following locations:

(a) Dash Point State Park;

(b) Saltwater State Park;

Except in the following designated areas and under the following circumstances:

(i) In designated campsites, or in other overnight accommodations by registered occupants or their guests.

(ii) In any building, facility or park area operated and maintained under a concession agreement wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(iii) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager.

(3) The director or designee may, for a specified period or periods of time, close any state park or state park area to alcohol if the director concludes that an alcohol closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or ((commission property)) park resources.      The director or designee shall consider factors including but not limited to the effect or potential effect of alcohol on public and employee safety, park appearance, atmosphere, and noise levels, conflicts with other park uses or users, the demand for law enforcement, and the demand on agency staff.      Prior to closing any park or park area to alcohol, the director or designee shall hold a public hearing in the general area of the park or park area to be closed to alcohol.      Prior notice of the meeting shall be published in a newspaper of general circulation in the area.      In the event the director or designee determines that an immediate alcohol closure is necessary to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or ((commission property)) park resources, the director or designee may take emergency action to close a park or park area to alcohol without first complying with the publication and hearing requirements of this subsection.      Such emergency closure may be effective for only so long as is necessary for the director or designee to comply with the publication and hearing requirements of this subsection.

(4) The director or designee shall ensure that any park or park area closed to alcohol pursuant to subsection (3) of this section is conspicuously posted as such at the entrance to said park or park area.      Additionally, the director or designee shall maintain for public distribution a current list of all parks and park areas closed to alcohol pursuant to subsection (3) of this section.

(5) Dispensing alcoholic beverages from containers larger than two gallons is prohibited in state park areas except when authorized in writing and in advance by the park manager.

(6) The provisions of this rule shall not apply to any part of the Seashore Conservation Area, as designated and established by RCW ((43.51.655)) 79A.05.605.

(7) Opening, consuming, or storing alcoholic beverages in Fort Simcoe State Park and Squaxin Island State Park is prohibited.

(8) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-210, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.      97-21-133, § 352-32-210, filed 10/21/97, effective 1/1/98.      Statutory Authority: RCW 43.51.040.      94-13-081, § 352-32-210, filed 6/13/94, effective 7/14/94; 91-07-014, § 352-32-210, filed 3/12/91, effective 4/12/91.      Statutory Authority: RCW 43.51.040 and 43.51.060.      86-14-025 (Order 95), § 352-32-210, filed 6/24/86; 86-06-020 (Order 91), § 352-32-210, filed 2/25/86.      Statutory Authority: RCW 43.51.040(3).      81-24-020 (Order 55), § 352-32-210, filed 11/24/81; Order 17, § 352-32-210, filed 2/1/74; Order 11, § 352-32-210, filed 7/29/71.]

((It shall be a civil infraction, under chapter 7.84 RCW, to fail to abide by a prominently posted restriction on the public use of park property.)) Failure to abide by a prominently posted restriction on the public use of park property is an infraction, under chapter 7.84 RCW, except as provided in WAC 352-32-310.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-215, filed 2/2/98, effective 3/5/98.]

(1) The use or possession of any food or beverage container consisting wholly or in part of glass or metal is prohibited on any beach within any state park area, where such beach is designated as a swimming area, or where such beach is customarily and generally used as a swimming area by park patrons though not designated as such.

(2) The provisions of this rule shall not apply to any portion of the seashore conservation area as designated and established by RCW ((43.51.655)) 79A.05.605.

(3) ((Except as provided in WAC 352-32-310,)) 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, § 352-32-230, filed 9/17/92, effective 10/18/92; Order 11, § 352-32-230, filed 7/29/71.]

The use and operation of metal detectors, as well as the removal of small contemporary materials, is permitted within selected state parks as designated by the director or designee, in accordance with all commission direction on land management, and subject to the conditions and limitations specified.

(1) The use of metal detectors is permitted only within specified portions of approved state parks as posted for public reference.      Metal detecting may be allowed in an approved campsite occupied by the registered detectorist and in unoccupied campsites within approved campgrounds.

(2) The use of metal detectors within a state park shall be limited to daylight hours that the park has posted as "open." No use shall be allowed during periods of seasonal or emergency park closure, except where otherwise posted.

(3) Any person wishing to use a metal detector shall so indicate to park personnel at the park where the use is to occur, by complying with the registration process provided for such purpose.

(4) Exceptional uses of metal detectors in state parks may be allowed through the issuance of a special recreation event application, available from the agency.

(5) This section does not apply to commission employees while engaged in the performance of their duties.

(6) Persons operating metal detectors in state parks and state park areas shall:

(a) Observe all laws and regulations.

(b) Never destroy or disturb park facilities, natural features, or historical or archeological resources.      No item which is, or appears to be of historical or archaeological significance, ((remaining from either early pioneer activity or from a native American presence,)) may be removed from the site at which it was found.      Any such find shall be immediately reported to park personnel, and the area in which the find occurred shall not be disturbed further.

(c) Limit digging implements to ice picks, screwdrivers and probes not to exceed two inches in width and sand scoops not to exceed six inches in width and eight inches in length, containing perforations no less than one-half inch in width, to be used only on sand surfaces.      Any holes dug shall be limited to six inches maximum depth and shall be immediately refilled and the surface restored to its earlier condition.

(d) Properly dispose of all found or recovered trash and litter.

(e) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities.      An operator shall not allow any emitted metal detector sound audible to other park users from the Friday before Memorial Day through Labor Day.

(7) ((Except as provided in WAC 352-32-310,)) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040 and 43.51.180(7).      97-12-042, § 352-32-235, filed 6/2/97, effective 7/3/97; 92-19-098, § 352-32-235, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040.      92-15-118, § 352-32-235, filed 7/21/92, effective 8/21/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      90-04-025, § 352-32-235, filed 1/29/90, effective 3/1/90; 87-08-007 (Order 99), § 352-32-235, filed 3/23/87, effective 9/8/87.]

Fees shall be charged in parks operated by the commission for use of lands, facilities, programs, services, and materials as published by state parks: Provided, however, That the commission may suspend any or all of these fees if revenues generated by the fees are not returned to the benefit of the parks: Provided further, That the director or designee has the authority to discount fees to a maximum of 50% below the published fee amounts in order to take advantage of marketing opportunities to encourage use and increase revenues.      Any such discounts shall be effective for a limited period of time less than one year in duration.      The director or designee may consider the following factors in temporarily establishing or discounting fees:

Prevailing rates for comparable facilities;

Day of the week;

Season of the year;

Amenities of the park area and site;

Demand for facilities; and

Such other considerations as the director or designee deems appropriate.      The director or designee may also waive fees for marketing or promotional purposes or to redress visitor complaints, provided, however, that annual fees may not be waived.      The director or designee may also establish temporary fees for a maximum of one year for new facilities or services.

(1) The director or designee may authorize reciprocity with other state or federal agencies for the use of annual permits of like services, provided, that Washington licensed vehicles and/or residents shall be required to have and/or display the appropriate Washington permit;

(2) Overnight camping - standard campsite; utility campsite; emergency campsite; overflow campsite; hiker/biker campsite; walk-in campsite; primitive campsite for nonmotorized ((vehicle; primitive campsite)) for motorized vehicle - fees will be charged as published by state parks.      Payment for utility campsite will be collected whether utility hookups are actually used or not, except when otherwise specified by a ranger;

(3) Overnight camping - multiple campsites: Where campsites are designated and posted as a "multiple campsite," an individual may rent the multiple campsite by paying the multiple campsite fee.      The multiple campsite fee will be calculated by multiplying the standard utility or primitive campsite fee, as applicable, by the number of individual campsites to be used in the designated multiple campsite;

(4) Group camping area - certain parks: Individual camping units using these facilities must pay campsite fees as published by state parks;

(5) Conference center facilities - fees will be charged for use of facilities and services as set forth in the fee schedule published by state parks and will include, but not be limited to: Overnight accommodations in individual recreational housing units or dormitory units; use of meeting rooms, performance venues and rally areas; linen and janitorial services; group food services; and use of equipment, supplies, and staff time necessary to support group activities.      Certain deposits, reservation and cancellation fees also apply as set forth in the fee schedule published by state parks and may not be refundable.

(6) Environmental interpretation:

(a) Service fees will be established by the director or designee in order to recover, to the maximum extent practicable, all direct and indirect costs of environmental interpretation services on a program-wide basis based on anticipated attendance.

(b) Material and publication fees will be established by the director or designee.      All material and publication fees will be deposited in the parks improvement account to be used for purposes specified in RCW ((43.51.052)) 79A.05.060.

(c) Facility use, including environmental learning center fees, will be established by the commission.      A facility use fee schedule is available by contacting Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650;

(7) Adirondacks - not to include those located in ELC areas: Occupancy shall be limited to the number of built-in bunks provided;

(8) Extra vehicle overnight parking fee will be charged for each additional unhitched vehicle in excess of the one recreational vehicle allowed at each campsite: Provided, An extra vehicle overnight parking fee shall not be imposed when the recreational vehicle and the towed vehicle arrive at the park hitched together, and after the camper has registered for and occupied the assigned campsite either the recreational vehicle or the towed vehicle remain parked at the campsite for the duration of the camper's stay;

(9) Unattended vehicle overnight parking permit: Unoccupied vehicles parked overnight in designated areas must register and pay the nightly permit fee.      The permit must be prominently displayed in the vehicle;

(10) Watercraft launch site permit fee - charged according to facilities provided.      Watercraft launch permit shall not be required for:

(a) Vehicles, other than those registered as extra overnight parking vehicles, registered for camping or overnight mooring in the park containing the watercraft launch site;

(b) Vehicles of persons using any recreational housing or conference facilities at Fort Worden State Park;

(c) Vehicles of persons holding limited-income senior citizen, disability or disabled veteran passes;

(d) Vehicles displaying a valid annual watercraft launch site permit;

(11) Annual watercraft launch site permit valid January 1 - December 31 at any launch site designated by the ((commission)) director or designee.      Permit must be displayed as instructed on permit backing;

(12) Trailer dump station fee - fee shall not be required for:

(a) Registered camping vehicles in the park containing the dump station;

(b) Vehicles of persons holding limited-income senior citizen, disability or disabled veterans passes;

(13) Popular destination park - a surcharge will apply for use of standard or utility campsite located in a popular destination park during such periods as the director may specify;

(14) Water trail site permits -

(a) For unlimited use within the calendar year, the annual fee ((to)) will be set by the director or designee after consultation with the water trail advisory committee((, based on a cumulative charge of $1.00 per site available for public use at the start of the calendar year));

(b) For one day/night use within the calendar year, the annual fee ((to)) will be set by the director after consultation with the water trail advisory committee((, based on a cumulative charge of $.35 per site available for public use at the start of the calendar year));

(c) For children under 13 years of age the permits shall be issued at no cost;

(d) Water trail permits issued to persons by another state or Canadian province will be honored provided that a similar reciprocal provision for Washington water trail permit holders is issued by that state or province;

(e) Water trail permits will be issued to holders of Washington state parks passes (WAC 352-32-251) for the applicable discounts;

(15) ((A surcharge per collection)) In addition to the regular fee, a per night surcharge shall be ((assessed)) imposed for ((any staff collected fee at a)) failure to pay the self-registration overnight facility fee;

(16) Group day use facilities - a minimum daily permit fee will be charged for groups of 20 or more;

(17) Reservation transaction - fee will be charged as published by state parks;

(18) Moorage facilities - fee will be charged as published by state parks;

(19) Hot showers, electric stoves - fees will be charged as published by state parks.      Fees published by state parks do not apply in those circumstances set forth in WAC 352-32-280 and 352-32-285 as now or hereafter amended;

(20) Commercial recreation provider permit registration - a fee shall be charged, as published by state parks for registration as a commercial recreation provider;

(21) Commercial recreation provider permit - ((effective January 1, 1998,)) a fee shall be charged, as published by state parks for obtaining a permit to engage in commercial recreational use of state parks, as defined in WAC 352-32-010.

(22) Sno-park permit - seasonal and daily permit fees will be charged as published by state parks.

(23) Special groomed trail permit - a state-wide special groomed trail permit will be required for use of special groomed trail areas.      The fee charged will be as published by state parks.

(24) Wood debris collection permit - fee will be charged for collection and removal of wood debris from a state park area pursuant to RCW 4.24.210.      The fee may be waived for volunteers assisting with emergency salvage and storm clean-up in the parks.

(25) Merchandise - prices for merchandise including but not limited to interpretive, recreational and historic materials, literature, food, beverage, grocery and other items at agency operated sales points will be based on market rates and practices.

(26) Back country camping permit - fee will be charged as published by state parks for selected state park areas as designated by the director.

(27) Group use registration - fee will be charged for groups of a size to be specified in the fee schedule on a park by park basis who have not otherwise reserved group facilities.

(28) Special event - fees will be charged based on the cost of providing events and market rates for comparable activities at other locations.

(29) Aquatic facilities - fees will be charged as published by state parks.

[Statutory Authority: Chapter 79A.05 RCW and RCW 79A.05.070.      00-01-201, § 352-32-250, filed 12/22/99, effective 1/22/00.      Statutory Authority: RCW 43.51.040(2).      98-23-063, § 352-32-250, filed 11/16/98, effective 1/1/99.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.      97-21-133, § 352-32-250, filed 10/21/97, effective 1/1/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.      96-22-018, § 352-32-250, filed 10/29/96, effective 1/1/97.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-250, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.060 and 43.51.395.      95-07-061, § 352-32-250, filed 3/13/95, effective 4/13/95.      Statutory Authority: RCW 43.51.040.      94-23-024, § 352-32-250, filed 11/7/94, effective 1/1/95.      Statutory Authority: RCW 43.51.060.      94-13-080, § 352-32-250, filed 6/13/94, effective 7/14/94; 94-08-036, § 352-32-250, filed 3/31/94, effective 5/1/94.      Statutory Authority: RCW 43.51.040.      93-19-113, § 352-32-250, filed 9/20/93, effective 10/21/93; 93-08-025, § 352-32-250, filed 3/30/93, effective 5/1/93.      Statutory Authority: Chapter 43.51 RCW.      92-10-018, § 352-32-250, filed 4/29/92, effective 5/30/92.      Statutory Authority: RCW 43.51.040.      91-09-001, § 352-32-250, filed 4/4/91, effective 5/15/91; 90-07-062, § 352-32-250, filed 3/20/90, effective 4/20/90.      Statutory Authority: RCW 43.51.040 and 43.51.060.      89-07-020 (Order 89-01), § 352-32-250, filed 3/7/89; 88-07-074 (Order 103), § 352-32-250, filed 3/18/88, effective 5/15/88; 87-08-008 (Order 100), § 352-32-250, 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), § 352-32-250, filed 3/22/85, effective 5/15/85.      Statutory Authority: RCW 43.51.040 and 43.51.060.      84-09-045 (Order 77), § 352-32-250, filed 4/16/84.      Statutory Authority: RCW 43.51.055 and 43.51.060.      83-23-094 (Order 71), § 352-32-250, filed 11/22/83.      Statutory Authority: RCW 43.51.040 and 43.51.060.      83-09-031 (Resolution No. 67), § 352-32-250, filed 4/15/83; 82-15-059 (Order 62), § 352-32-250, filed 7/20/82; 82-09-035 (Order 60), § 352-32-250, filed 4/14/82; 81-09-034 (Order 50), § 352-32-250, filed 4/14/81; 80-05-007 (Order 45), § 352-32-250, filed 4/4/80.      Statutory Authority: RCW 43.51.040(2) and 43.51.060(6).      79-09-077 (Order 42), § 352-32-250, filed 8/30/79, effective 10/1/79; 79-02-032 (Order 41), § 352-32-250, filed 1/23/79, effective 5/1/79; 78-05-082 (Order 39), § 352-32-250, filed 5/1/78; Order 36, § 352-32-050 (codified as WAC 352-32-250), filed 10/11/77; Order 27, § 352-32-250, filed 11/19/76.]

(1)(a) Persons who are senior citizens, meet the eligibility requirements of RCW ((43.51.055)) 79A.05.065, and have been residents of Washington state for at least one year shall, upon application to the commission accompanied by either a copy of a federal income tax return filed for the previous calendar year, or a senior citizen property tax exemption pursuant to RCW 84.36.381, or a notarized affidavit of income on a form provided by the commission, receive a limited income senior citizen pass at no charge, which entitles the holder's camping party to free admission to any state park administered facility, free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in any campsite fees, moorage fees, or watertrail permit fees levied by the commission.      Limited income senior citizen passes shall remain valid so long as the pass holder meets eligibility requirements.

(b) Proof submitted to the commission for the return of a senior citizen pass surrendered upon request to a commission employee who has reason to believe the user does not meet the eligibility criteria shall be the same as listed in subsections (1) and (5) of this section for original pass issuance.

(2) Persons who are permanently disabled, legally blind, or profoundly deaf, meet the eligibility requirements of RCW ((43.51.055)) 79A.05.065, and have been residents of Washington state for at least one year shall, upon application to the commission, receive a five year disability pass at no charge and temporarily disabled persons who meet the eligibility requirements of RCW ((43.51.055)) 79A.05.065 and have been residents of Washington state for at least one year shall, upon application to the commission, receive a one year disability pass at no charge which entitles the holder's camping party to free admission to any state park administered facility, free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in any campsite fees, moorage fees, or watertrail permit fees levied by the commission.

(3) Persons who are veterans, meet the eligibility requirements of RCW ((43.51.055)) 79A.05.065, and have been residents of Washington state for at least one year shall, upon application to the commission, receive a lifetime disabled veteran pass at no charge which entitles the holder's camping party to free admission to any state park administered facility and to free use of any state park campsite, trailer dump station, watercraft launch site, moorage facility, watertrail permit, and reservation service.

(4) Applications for limited income senior citizen, disability, and disabled veteran passes shall be made on forms prescribed by the commission.

(5) Verification of age shall be by original or copy of a birth certificate, notarized affidavit of age, witnessed statement of age, baptismal certificate, or driver's license.      Verification of residency shall be by original or copy of a Washington state driver's license, voter's registration card, or senior citizen property tax exemption.

(6) For pass holders who travel by car or recreational vehicle, camping party shall include the pass holder and up to seven guests of the holder who travel with the holder and use one campsite or portion of a designated group camping or emergency area.      One additional vehicle without built-in sleeping accommodations may be part of the camping party of a pass holder at one campsite or portion of a designated group camping or emergency area, when in the judgment of a ranger, the constructed facilities so warrant, and the total number of guests of the holder do not exceed seven.

(7) For pass holders who travel by a mode of transportation other than car or recreational vehicle, camping party shall include the pass holder and up to seven guests who travel with the pass holder and use one campsite or portion of a designated group camping or emergency area.

(8) If the conditions of a pass holder change during the time period when a pass is valid such that a pass holder no longer meets the eligibility requirements of RCW ((43.51.055)) 79A.05.065 and WAC 352-32-251, the pass holder shall return a pass to the commission.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-251, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.      97-21-133, § 352-32-251, filed 10/21/97, effective 1/1/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.      96-22-018, § 352-32-251, filed 10/29/96, effective 1/1/97.      Statutory Authority: RCW 43.51.040 and 43.51.060.      90-04-024, § 352-32-251, filed 1/29/90, effective 3/1/90.      Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060.      88-19-087 (Order 106), § 352-32-251, filed 9/19/88.      Statutory Authority: RCW 43.51.055 and 43.51.060.      83-23-094 (Order 71), § 352-32-251, filed 11/22/83.]

In those parks so posted by the commission, park visitors shall register for the use of facilities and shall pay the appropriate fee, on a self-registration basis, in accordance with all posted instructions.      ((Except as provided in WAC 352-32-310,)) 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, § 352-32-255, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.060.      94-08-036, § 352-32-255, filed 3/31/94, effective 5/1/94.      Statutory Authority: RCW 43.51.040 and 43.51.180(7).      92-19-098, § 352-32-255, filed 9/17/92, effective 10/18/92.      Statutory Authority: RCW 43.51.040 and 43.51.060.      82-09-035 (Order 60), § 352-32-255, filed 4/14/82.]

The fees published by state parks pursuant to RCW ((43.41.060)) 79A.05.070(6), shall not apply in the following circumstances:

(1) Whenever fees are charged by a concessionaire pursuant to a valid concession agreement granted by the commission pursuant to RCW ((43.51.040)) 79A.05.030(5).

(2) Whenever fees are established pursuant to a development or management plan authorized or directed to be prepared by the legislature or state agency other than the commission, as, for example the Fort Worden State Park development and management plans.

(3) Whenever any law enforcement officer occupies a campsite if the following conditions are met.

(a) The law enforcement officer's authority is effective in the geographic area where the campsite is located.

(b) The park manager, or his representative, has determined that the officer's police powers may be useful in maintaining a peaceful environment in the park.

(c) The officer agrees to act in his official capacity if requested by park staff.

(4) Whenever any improvement club or voluntary association, or committees representing such clubs or associations, acting pursuant to the commission's permission granted pursuant to RCW ((43.51.130 - 43.51.160)) 79A.05.140 - 79A.05.155, utilizes any park facilities.      Continuous occupancy of facilities by the same person or persons qualifying under this subsection shall be limited to 30 consecutive nights, unless otherwise approved by the director or designee.

(5) Whenever any individual, appointed by a court of law to perform work in a park in lieu of other sentencing, utilizes any park facilities.

(6) Whenever any individual utilizes any park facility in accordance with the terms of any contract, lease, or concession agreement, with the commission.

The limit placed on any camper by WAC 352-32-030(5) shall not apply to persons qualifying under this section.

[Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-280, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.040 and 43.51.060.      82-09-035 (Order 60), § 352-32-280, filed 4/14/82.      Statutory Authority: RCW 43.51.040(2) and 43.51.060(6).      78-05-082 (Order 39), § 352-32-280, filed 5/1/78; Order 34, § 352-32-280, filed 7/29/77.]

The fees published by state parks pursuant to RCW ((43.51.060)) 79A.05.070(6) shall not apply whenever any individual, group, organization, association, or agency shall volunteer to perform personal services in lieu of standard fees if the following conditions are met:

(1) The park manager has determined that the personal service is desirable;

(2) The service performed does not replace or supplant that which would otherwise be performed by parks employees or contractors;

(3) The service performed is not one commonly performed by members of an organized trade union;

(4) The service performed does not result in any type of development which will necessarily create future operating costs to the commission;

(5) The volunteer shall perform personal services under the following provisions.

(a) At least four hours of service are provided per day; alternatively

(b) At least twenty-eight hours of service are provided per seven-day week, spread over at least five days.

(c) If more than four hours, but less than twenty-eight hours of volunteer service are provided during a seven-day week, a prorated waiver of fees equivalent to (b) of this subsection may be offered by the park manager.

(d) Volunteer time accumulated may not be carried forward for credit in subsequent weeks.

(e) The waiver of standard fees shall apply only at the park where such personal services were performed unless volunteer is participating in volunteer passport program.

The limit placed on any camper by WAC 352-32-030(7) shall not apply to persons qualifying under this section.      Continuous occupancy of facilities by the same person or persons qualifying under this section shall be limited to thirty consecutive nights, unless otherwise approved by the director or designee.

This section does not expand or limit the provisions of RCW ((43.51.130 through 43.51.160)) 79A.05.140 through 79A.05.155.

[Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-285, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.040.      93-06-001, § 352-32-285, filed 2/17/93, effective 3/20/93.      Statutory Authority: RCW 43.51.040 and 43.51.060.      88-15-068 (Order 105), § 352-32-285, filed 7/19/88.      Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060.      85-08-003 (Order 88), § 352-32-285, filed 3/22/85, effective 5/15/85.      Statutory Authority: RCW 43.51.040 and 43.51.060.      82-09-035 (Order 60), § 352-32-285, filed 4/14/82; 81-15-059 (Order 53), § 352-32-285, filed 7/20/81.      Statutory Authority: RCW 43.51.040(2) and 43.51.060(6).      78-05-082 (Order 39), § 352-32-285, filed 5/1/78.]

(1) As used in this section "wood debris" means down and dead tree material that may be removed without significantly adversely impacting the environment of the park at which it is located and that is surplus to the needs of such park.

(2) A person may collect and remove wood debris from a state park area only when a park ranger has issued the person a wood debris collection permit.

(3) A wood debris collection permit is valid only at the state park at which the permit is issued.

(4) Subject to availability, for each wood debris collection permit issued, a person may collect and remove from a state park area not more than five cords of wood debris.      Wood debris may be collected only for personal firewood use and only from sites and during time periods designated by a park ranger.

(5) The nonrefundable fee for a wood debris collection permit shall be established by the director consistent with limitations identified in RCW 4.24.210, ((43.51.045)) 79A.05.035 and 43.52.065.

(6) This section shall be implemented in compliance with chapter 352-28 WAC.

[Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395.      96-01-078, § 352-32-290, filed 12/18/95, effective 1/18/96.      Statutory Authority: RCW 43.51.040 and [43.51.]060.      95-22-067, § 352-32-290, filed 10/30/95, effective 1/1/96.      Statutory Authority: RCW 43.51.045.      84-20-071 (Order 83), § 352-32-290, filed 10/2/84.]

(1) Commercial recreation providers are required to register in order to engage in commercial recreational use of state parks.      ((Effective January 1, 1998,)) Commercial recreation providers are required to register and possess a commercial recreation provider permit in order to engage in commercial recreational use of state parks.      Registration for commercial recreation provider permits requires completion of application forms, providing proof of insurance and paying the appropriate fees.      The commission shall establish the permit and registration fees and the director shall set the amount of the fees.

(2) Except as provided in WAC 352-32-310, any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040.      98-04-065, § 352-32-330, filed 2/2/98, effective 3/5/98.      Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.      96-22-018, § 352-32-330, filed 10/29/96, effective 1/1/97.]

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