H-3271.2  _______________________________________________

                          HOUSE BILL 2365

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Foreman, King, Rust and Quall

Read first time 01/14/94.  Referred to Committee on Fisheries & Wildlife.

Reducing disturbances to fish, wildlife, and their habitats.

    AN ACT Relating to reducing disturbance to fish, wildlife, and their habitats; adding a new chapter to Title 77 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.  The legislature finds that operation of motor-driven boats or vessels can disturb fish, wildlife, and their habitats.  Limiting the use of such vessels in designated areas or at specified times of the year is in the best interest of Washington's fish and wildlife.

NEW SECTION. Sec. 2.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Jet pump propelled vessel" means a vessel of any length that uses a motor powering a water jet pump as its primary source of motive power.

    (2) "Motor-driven vessels" means all boats and vessels that are self-propelled.

    (3) "Personal watercraft" means a vessel of fewer 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.

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

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

NEW SECTION. Sec. 3.  (1) The department of fish and wildlife is authorized to designate waters of the state for seasonal or permanent closure to motor-driven vessels, personal watercraft, and jet pump propelled vessels within one hundred fifty feet of any shoreline, pier, or breakwater if:

    (a) The department identifies that there is potential disturbance to wildlife, fish, or their habitats from operation of such motor-driven vessel, personal watercraft, or jet pump propelled vessel within the area of potential closure; or

    (b) The department identifies a habitat type with unique or significant value or a species requiring protective measures for its perpetuation due to its population status, sensitivity to habitat alteration, or recreational importance within or in proximity to the area of potential closure.

    (2) The department shall allow vessels to operate at speeds no faster than those sufficient to maintain steerage, or seven miles per hour, whichever is less, through the closed area in order to reach their destinations in the open area.

NEW SECTION. Sec. 4.  Closure of designated areas to specified vessel types under section 3 of this act shall preclude local government ordinances that otherwise allow operation of these vessel types in such areas.  However, local governments may adopt ordinances that expand the closed area, lengthen the season of closure, or further limit the types of vessels that may operate.

NEW SECTION. Sec. 5.  It is unlawful to operate a vessel in a closed area designated under section 3 of this act.  A violation of this section is a misdemeanor.  The minimum penalty for the first offense is five hundred dollars and for each subsequent offense one thousand dollars.

NEW SECTION. Sec. 6.  Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 7.  This act shall take effect July 1, 1994.

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