WSR 13-14-027 PROPOSED RULES PARKS AND RECREATION COMMISSION [Filed June 25, 2013, 12:21 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-10-041.
Title of Rule and Other Identifying Information: The agency has completed a review of the following chapters of administrative rules and has proposed amendments and a new section within chapter 352-32 WAC, Public use of state park areas and chapter 352-37 WAC, Ocean beaches.
Hearing Location(s): Anacortes City Hall, 904 6th Street, Anacortes, WA, on August 8, 2013, at 9:00 a.m.
Date of Intended Adoption: August 8, 2013.
Submit Written Comments to: Susan Kavanaugh, 1111 Israel Road, Olympia, WA 98504, e-mail susan.kavanaugh@parks.wa.gov, fax (360) 586-6651, by August 1, 2013.
Assistance for Persons with Disabilities: Contact Becki Ellison at becki.ellison@parks.wa.gov or by calling (360) 902-8502.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: State parks staff has reviewed the commission rules in consideration of changes to current business practices. The agency has proposed changes to selected sections of chapter 352-32 WAC in order to consider the maximum length of stay for recreational camping during high use seasons, temporary closures of parks/park areas for the protection of natural/cultural resources or public safety, eliminating reciprocity with other states in regard to sno-park permit fees and clarification of dates sno-park permit is valid and eliminating one section to simplify the rules. The agency is also proposing the addition of a new section to chapter 352-37 WAC allowing temporary closures of parks/park areas for the protection of natural/cultural resources or public safety.
Substantive changes are requested in WAC 352-32-030 Camping,352-32-050 Park periods, 352-32-260 Sno-park permit, 352-32-265 Sno-park permit—Display and 352-32-270 Sno-park permit—Fees; and new section WAC 352-37-325 Seashore conservation area closures.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state parks and recreation commission, governmental.
Name of Agency Personnel Responsible for Drafting: Pamela McConkey, 1111 Israel Road, Olympia, WA 98504, (360) 902-8595; Operations: Susan Kavanaugh, 1111 Israel Road, Olympia, WA 98504, (360) 902-8847; and Parks Development: Lisa Lantz, 1111 Israel Road, Olympia, WA 98504, (360) 902-8641.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule[s] does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.
A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.
Valeria Evans
Management Analyst
AMENDATORY SECTION (Amending WSR 12-22-031, filed 10/31/12, effective 12/1/12)
WAC 352-32-030 Camping. (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 or when the campsite has an incoming reservation. 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 and providing the required information regarding the occupants of the other sites. 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 may be reserved 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. April 1 through September 30: The maximum length of stay during this period shall be established annually for each park by the director or designee and shall be no less than ten and no more than fourteen nights. Campers may stay ((ten)) the established maximum consecutive nights in one park, after which the camping party must vacate the park 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)). October 1 through March 31: The maximum length of stay is twenty nights. Campers may stay twenty consecutive nights in one park, after which the camping party must vacate the park for three consecutive nights, ((October 1 through March 31,)) not to exceed forty days in a sixty-day time period. ((This)) These limitations 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 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 subject to the campsite capacity limitations as otherwise set forth in this section. Exceptions for emergencies may be approved by the ranger on an individual basis. Water trail site fees, as published by state parks, must be paid at the time the site is occupied. (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 ranger's discretion. Persons using emergency areas must pay the applicable campsite fee and must vacate the site when directed by the park 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 applicable campsite fee. (14) Overnight camping will be allowed in approved areas within designated sno-parks in Washington state parks, when posted, provided the appropriate required sno-park permit is displayed. (15) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)
WAC 352-32-045 Reservations for use of designated group facilities. (1) All designated group facilities shall be reservable by groups as defined in WAC 352-32-010.
(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 parks, not on central reservation system, 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 and payment in full of appropriate fees are required for the use of these facilities. Fees must be paid by credit card, certified check or money order. Fees are published by state parks. 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) The organization or delegated group leader making the reservation is responsible for any damages or extra cleaning that occurs as a result of the use of the facility(ies) beyond normal care and wear. (7) Facility reservations for parks not on the central reservation system are made at the park and will be accepted ((for the calendar year, on or after the first working day in January of that calendar year)) nine months in advance. 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 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.
AMENDATORY SECTION (Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)
WAC 352-32-080 Swimming. (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 large floating objects, exceeding three feet in width are prohibited in designated swimming areas except U.S. Coast Guard approved life jackets, ((in state park areas)) small children's floatation devices or toys and one-person inflatable mattresses for the purpose of buoyancy while swimming or playing in any designated swimming area ((is prohibited)) are allowed. Concessionaires are not permitted to rent or sell ((such)) prohibited floating devices within state parks without written approval of the ((commission)) director or designee. (7) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)
WAC 352-32-210 Consumption of alcohol in state park areas. (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; (c) Sacajawea State Park; (d) Flaming Geyser 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 or designee concludes that an alcohol closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or 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 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)) the imminent and substantial threat exists. (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 79A.05.605. (7) Opening, consuming, or storing alcoholic beverages in Fort Simcoe State Park and Squaxin Island State Park is prohibited. (8) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)
WAC 352-32-237 Geocache. (1) In order to place a cache on state parks' property, an individual or organization must obtain a geocache placement permit from state parks. Any cache located on state parks' property that does not have a permit on file is subject to removal from its location, and after notification of the owner (if known) and Washington State Geocache Association (WSGA), may be disposed of within ten days.
(2) ((The geocache owner must check the geocache at least every ninety days unless an extension is approved by the park manager not to exceed one hundred eighty days. Proof of the check will be by e-mail, letter, or personal communication by the owner with the park manager or designee, and the owner's entry in the cache log book indicating the date of inspection. (3))) The following items shall not be placed in the geocache: Food items; illegal substances; medications; personal hygiene products; pornographic materials; inappropriate, offensive, or hazardous materials or weapons of any type. Log books are required for each cache and are to be provided by the owner of the cache.
AMENDATORY SECTION (Amending Order 27, filed 9/23/76)
WAC 352-32-240 Nondiscrimination certification. (1) This is to certify that the Washington state parks and recreation commission is an equal opportunity employer, and that no person in the United States is denied the benefits of full and equal enjoyment of the right of employment or any goods, services, facilities, privileges, advantages, and accommodations of, or on any property administered by the Washington state parks and recreation commission ((because of race, creed, color, age, sex, national origin, or physical disability)).
(2) The provisions of this certification shall apply to all contractors, lessees, licensees, and concessionaires operating under any legal instrument issued by the Washington state parks and recreation commission, as well as areas operated by the Washington state parks and recreation commission itself.
AMENDATORY SECTION (Amending WSR 04-01-067, filed 12/12/03, effective 1/12/04)
WAC 352-32-310 Penalties. Any violation designated in this chapter as a civil infraction ((shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court)) pursuant to chapter 7.84 RCW, will be treated as infractions regardless of whether they appear in the IRLJ 6.2 penalty schedule, except that a violation of ((WAC 352-32-220, 352-32-260, and 352-32-265 shall at all times constitute a civil infraction, and)) WAC 352-32-120 shall at all times be a gross misdemeanor.
AMENDATORY SECTION (Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)
WAC 352-32-050 Park periods. (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) The director or designee may, for a specified period or periods of time, close any state park area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources. (3) Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 92-19-098, filed 9/17/92, effective 10/18/92)
WAC 352-32-260 Sno-park ((permit)) display. Only those vehicles properly displaying a valid winter recreational area parking permit issued by the state of Washington ((or by another state or nation which honors a Washington state winter recreational area parking permit)) shall park in designated winter recreational parking areas: ((Provided, That Washington licensed vehicles shall be required to display a Washington state winter recreational area parking permit.)) Permits shall be displayed near the lower left corner and on the inside of the windshield of the vehicle when the vehicle is parked in a designated winter recreational parking area. Those vehicles in violation of this rule shall be subject to the application of RCW 46.61.587. Any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 97-21-133, filed 10/21/97, effective 1/1/98)
WAC 352-32-270 Sno-park permit—Fees. Fees for the winter recreational area parking permits will be established by the commission and shall be published by state parks. These permits include:
(1) Seasonal permit - ((Commences October 1 and expires May 1)) Valid December 1st through April 30th of the winter season for which it is issued. (2) One day permit - ((Commences on)) Valid for the date identified on the permit in the space provided ((and expires on that same date)). (3) Special groomed trail permit - The director may designate certain sno-parks as requiring a special groomed trail permit. In making this designation the director may consider the following factors: The facilities and services available; The demand for facilities and services; user days; and Such other considerations as the director deems appropriate.
REPEALER
The following section of the Washington Administrative Code is repealed:
NEW SECTION
WAC 352-37-325 Seashore conservation area closures. The director or designee may, for a specified period or periods of time, close any portion of the seashore conservation area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources.
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