PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-05-086.
Title of Rule and Other Identifying Information: New chapter 232-13 WAC, Public conduct in wildlife areas and access sites owned or controlled by the department of fish and wildlife; and repealing WAC 232-12-174 Domestic animals on department lands, 232-12-177 Vehicles using department lands, 232-12-184 Aircraft -- Authorized use on department lands, 232-12-187 Access areas -- Other department lands -- Wildlife agent to control traffic thereon, and 232-12-251 Removal of minerals, wood, and artifacts from department lands.
Hearing Location(s): MirabeauPark Hotel & Convention Center, 1100 North Sullivan Road, Spokane Valley, WA 99037, (509) 924-9000, on June 1-2, 2007, at 8:00 a.m.
Date of Intended Adoption: August 3-4, 2007.
Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by May 2, 2007.
Assistance for Persons with Disabilities: Contact Susan Yeager by May 29, 2007, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New chapter 232-13 WAC, the purpose of this new chapter is to establish allowed and prohibited activities on department of fish and wildlife owned or controlled lands, waters, or access areas. These include activities relating to: Aircraft use, proper behavior and conduct, camping, commercial use or activities, dumping and sanitation, erecting structures, firearms and target practice, fireworks, livestock, parking, pets, resource removal, and vehicle use. It also establishes the authority to regulate public use, clarifies enforcement authority, and establishes violations of this chapter as misdemeanors.
Repealing WAC 232-12-174, 232-12-177, 232-12-184, 232-12-187, and 232-12-251, these WAC topics will be incorporated into new chapter 232-13 WAC.
Reasons Supporting Proposal: The department's paramount responsibilities are to preserve, protect, perpetuate, and manage the fish and wildlife species of the state and maximize opportunities for people to hunt, fish, and appreciate fish and wildlife. It has been observed in recent years that many activities currently occurring on department lands are inconsistent with fish and wildlife management goals, damage habitat, disturb wildlife, or prevent others from enjoying fish and wildlife recreational opportunities. This new chapter serves to curb these undesirable effects. Regulations directing public use activities are currently scattered among other regulations. There is a need to consolidate them under one heading for clarity, better enforcement, and to ultimately allow the department to fulfill its responsibilities.
Statutory Authority for Adoption: RCW 77.12.210, 77.12.880.
Statute Being Implemented: RCW 77.12.210, 77.12.880.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington fish and wildlife commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate the use of department owned or controlled lands and do not pose an additional cost to small business beyond what is already required.
A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.
April 17, 2007
Lori Preuss
Rules Coordinator
OTS-9678.1
PUBLIC CONDUCT IN WILDLIFE AREAS AND ACCESS SITES OWNED OR CONTROLLED BY THE DEPARTMENT OF FISH AND WILDLIFE
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(1) "Aircraft" means any machines designed to travel through the air, whether heavier or lighter than air, including but not limited to airplanes, dirigibles, balloons, and helicopters. The term "aircraft" shall not include paragliders or remote controlled aircraft.
(2) "Camping" means erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.
(3) "Campgrounds" are department designated areas where camping is allowed.
(4) "Closed or restricted access" means any department-owned or controlled public lands, waters, or access areas (including roads and trails) that are gated and locked, closed by earthen mound, or designated as closed or posted as such with signs.
(5) "Commercial use or activity" is any use or activity on department-controlled or managed lands, waters, or access areas:
(a) Where an entry or other type of fee is charged; or
(b) Where the primary purpose is the sale or barter of a good or service; and
(c) In either case, the term applies regardless of whether the use or activity is intended to produce a profit.
(6) "Firearm" means a loaded or unloaded pistol, rifle, shotgun, or other weapon that is designed to, or may be readily converted to, expel a bullet or pellets by the ignition of a propellant.
(7) "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.
(8) "Incendiary" means causing or designed to cause fires, such as certain substances or bombs.
(9) "Land" means any area (including water, access areas, roads, and trails) under the ownership, management, or control of the department.
(10) "Livestock" means any hoofed animal used for agriculture, riding, pulling, or packing purposes.
(11) "Motorized vehicle" means any vehicle, including snowmobiles, that is motor-propelled, and any vehicle that is propelled by electric power, except motorized wheelchairs used by persons with disabilities, and electric personal assistive mobility devices (EPAMDs).
(12) "Parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
(13) "Pet" means a dog, cat, or any animal that has been domesticated, except livestock.
(14) "Possession" means exercising direct physical control or dominion, with or without ownership, over weapons, traps, nets or other property, or archeological, cultural, or natural resources.
(15) "Road" means a road wholly or partly within or adjacent to and serving department-owned or controlled public lands, waters, or access areas under the jurisdiction of the department.
(16) "Snowmobile" means a self-propelled vehicle intended for off-road travel primarily on snow and having a curb weight of not more than 1,000 pounds (450 kg), driven by a track or tracks in contact with the snow or ice and steered by a ski or skis on contact with the snow or ice.
(17) "Tracer bullet or shell" means a bullet, projectile, or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire, so as to facilitate adjustment of the aim.
(18) "Vessel" means any craft that is used or is capable of being used as a means of transportation on or under water or ice, including but not limited to powerboats, cruisers, houseboats, sailboats, airboats, hovercraft, rowboats, canoes, kayaks, seaplanes, or other personal watercraft. This also includes buoyant devices permitting or capable of free flotation.
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(b) For the purposes of this subsection, "disorderly conduct" means conduct that unreasonably disturbs the repose of other persons lawfully using these lands, waters, or access areas; or is of a loud, threatening, insulting, boisterous, or abusive nature towards other persons, creating a risk of assault, fight, or riot; or by its indifference to or disregard for public safety, warrants alarm for the safety or well-being of others.
(2)(a) It is unlawful to engage in activities that violate quiet hours on department-owned or controlled public lands or access areas that are designated for camping.
(b) The term "activities that violate quiet hours," as used in this section, means engaging in loud and boisterous conduct or the playing of radios, musical instruments, sound, or music systems, or the activating of sound producing electronic or mechanical devices in the camping area, between 10:00 p.m. and 6:00 a.m.
(3)(a) It is unlawful to possess or dispense beer or malt liquor in quantities subject to keg registration laws and regulations of the liquor control board on department-owned or controlled public lands, waters, or access areas.
(b) It is unlawful to hold, sponsor, or attend an event requiring a banquet permit (chapter 314-18 WAC) from the liquor control board on department-owned or controlled public lands, waters, or access areas without a permit from the director.
(4) It is unlawful to use department-owned or controlled public or private lands, waters, or access areas in a manner or for a purpose contrary to signs or notices posted on those lands, waters, or access areas. This subsection also applies to private lands that are under management or access agreement with the department.
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(2) It is unlawful to establish or occupy a residence camp on department-owned or controlled public lands, waters, or access areas. For purposes of this section, a residence camp is an encampment, occupancy, or presence on department-owned or controlled public lands, waters, or access areas that is the principal place of residence for the person or occupant.
(3) A residence camp on department-owned or controlled public lands, waters, or access areas is declared to be a public nuisance and may be abated by the department without notice or process.
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(2) It is unlawful to sponsor, conduct, or hold a private or public event, race, regatta, contest, rally, rodeo, equestrian event involving more than five animals, shooting match, sporting clay competition, outdoor music festival, jamboree, field trial, hunting or fishing contest, or other similar public gathering or event on department-owned or controlled public lands, waters, or access areas without a permit from the director.
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(2) It is unlawful to burn trash on department-owned or controlled public lands, waters, or access areas.
(3) It is unlawful to drain or dump refuse or waste from any trailer, camper, automobile, other vehicle, or vessel on department-owned or controlled public lands, waters, or access areas.
(4) Except for department-owned vehicles or vehicles used by the department for department administration, it is unlawful to clean or wash any automobile, vessel, or other vehicle on department-owned or controlled public lands, waters, or access areas, except at designated areas and times for invasive species control and prevention.
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(2) It is unlawful to fail, neglect, or refuse to obey the directions of such officers regarding use of department-owned or controlled public lands, waters, or access areas.
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(b) This provision does not apply to a tent or other temporary structure established as part of a camp. Such tents or temporary structures must be entirely removed at the end of the trip or season being hunted by the occupants of the camp. A structure may in no case remain more than fourteen days within a thirty-day period, unless otherwise posted. This provision does not apply to certain hunting blinds. Hunting blinds are defined for purposes of this section as temporary structures made entirely of natural materials and that do not use metal, cement, furniture, wire, rope, twine, plastic, or lumber in their construction. Portable hunting blinds that are designed to be removed and are removed at the end of the hunting day may be used.
(c) Unauthorized or unlawful permanent or temporary structures or hunting blinds may be declared to be public nuisances and may be removed by the department without notice or process.
(2)(a) It is unlawful to dig, use, or occupy a pit-type hunting blind on department-owned or controlled public lands, waters, or access areas except when such pit-type hunting blinds are established by the department or are authorized by a permit from the director.
(b) It is unlawful to attempt to exercise the provisions of an expired permit issued under this section by the director or to fail to obey the terms and conditions of a permit issued under this section by the director.
(c) It is unlawful to assert or attempt to assert a claim of exclusive occupancy on department-owned or controlled public lands, waters, or access areas unless such claim is supported or authorized by a permit from the director.
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(b) It is unlawful to discharge firearms in those portions of department-owned or controlled public lands, waters, or access areas where or when such discharge is prohibited by posted notice or from or within five hundred feet of a designated campground.
(c) It is unlawful to fail to remove expended shell casings, ammunition packaging, or other related target debris when target practicing on department-owned or controlled public lands, waters, or access areas at the conclusion of the target practice session and prior to departure from the area. Failure to remove any debris constitutes littering.
(d) The use of glass, signs, appliances, mattresses, TVs, furniture, cans, and exploding items as targets in target practicing are prohibited.
(2) The department may designate locations and times for target practice.
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(2) It is unlawful to enter or remain on department-owned or controlled public lands, waters, or access areas or portions thereof when such restrictions are in place or are established by posted notice.
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(2) It is unlawful to enter or remain on department-owned or controlled public lands, waters, or access areas or portions thereof when such restrictions are in place or are established by posted notice.
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(2) In addition to other penalties provided by law, any such person shall be liable to the department for a compensatory fee of five dollars per head of livestock per day.
(3) It is unlawful to fail to pay the compensatory fees assessed by the department pursuant to this section.
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(b) It is unlawful to leave a motor vehicle or trailer parked or standing on department-owned or controlled public lands or access areas when the vehicle is blocking access to a boat ramp, roadway, gate, or driveway or otherwise prevents egress or ingress to a department facility.
(c) Vehicles unlawfully parked, standing, or abandoned on department-owned or controlled public lands or access areas may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer.
(2) It is unlawful to site, park, emplace, or install a mobile or modular home on department-owned or controlled public lands, waters, or access areas except when authorized by a permit from the director. Such unauthorized or unlawful mobile or modular homes are declared to be public nuisances and may be removed by the department without notice or process.
(3) Vehicles, vessels, motor homes, and trailers parked or abandoned for more than fourteen consecutive days within a thirty-day period on department-owned or controlled public lands, waters, or access areas are declared to be public nuisances and may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer without notice or process.
(4) It is unlawful to moor a houseboat, other floating occupancy structure, or dock for more than seventy-two hours on department-owned or controlled public lands, waters, or access areas without a permit from the director. Such unauthorized or unlawful boats, houseboats or other floating structures are declared to be public nuisances and may be removed by the department without notice or process.
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(2) It is unlawful for any person to leave pets unattended on department-owned or controlled public lands, waters, or access areas.
(3)(a) It is unlawful to cause or allow a dog to roam freely on department-owned or controlled public lands, waters, or access areas, from April 1 through August 31, except in designated areas.
(b) It is unlawful to cause or allow a dog to roam freely on designated access sites or within two hundred yards of a designated campground on department-owned or controlled public lands.
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(b) Unlawful removals valued at over two hundred fifty dollars constitute theft under chapter 9A.56 RCW.
(2) It is unlawful to collect shed antlers on department-owned or controlled public lands, waters, or access areas from February 15 through April 30.
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OTS-9677.2
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 232-12-174 | Domestic animals on department lands. |
| WAC 232-12-177 | Vehicles using department lands. |
| WAC 232-12-184 | Aircraft -- Authorized use on department lands. |
| WAC 232-12-187 | Access areas -- Other department lands -- Wildlife agent to control traffic thereon. |
| WAC 232-12-251 | Removal of minerals, wood and artifacts from department lands. |