BILL REQ. #:  H-3396.1 

Prefiled 12/23/2003. Read first time 01/12/2004.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to vehicular traffic on beaches; amending RCW 79A.05.650 and 79A.05.655; repealing RCW 79A.05.693; and providing an effective date.

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

Sec. 1   RCW 79A.05.650 and 2000 c 11 s 54 are each amended to read as follows:
     (((1))) Except as provided in RCW 79A.05.655 and 79A.05.660, ((a total of forty percent of the length of the beach subject to the recreation management plan shall be)) all ocean beaches are reserved for pedestrian use ((under this section and RCW 79A.05.665. Restrictions on motorized traffic under this section shall be from April 15th to the day following Labor day of each year. Local jurisdictions may adopt provisions within recreation management plans that exceed the requirements of this section. The commission shall not require that a plan designate for pedestrian use more than forty percent of the land subject to the plan.
     (2) In designating areas to be reserved for pedestrian use, the plan shall consider the following:
     (a) Public safety;
     (b) Statewide interest in recreational use of the ocean beaches;
     (c) Protection of shorebird and marine mammal habitats;
     (d) Preservation of native beach vegetation;
     (e) Protection of sand dune topography;
     (f) Prudent management of clam beds;
     (g) Economic impacts to the local community; and
     (h) Public access and parking availability)) and vehicular traffic is prohibited.

Sec. 2   RCW 79A.05.655 and 2000 c 11 s 55 are each amended to read as follows:
     Notwithstanding RCW 79A.05.650(((1))), recreation management plans may make provision for vehicular traffic on areas otherwise reserved for pedestrian use in order to:
     (1) ((Facilitate clam digging;
     (2) Accommodate organized recreational events of not more than seven consecutive days duration;
     (3))) Provide for removal of wood debris under RCW 4.24.210 and 79A.05.035(5); and
     (((4))) (2) Accommodate removal of sand located upland from the Seashore Conservation Area or removal of sand within the Seashore Conservation Area under the terms of a covenant, easement, or deed.

NEW SECTION.  Sec. 3   RCW 79A.05.693 (Ocean beaches in Seashore Conservation Area declared public highways) and 2000 c 11 s 58 & 1988 c 75 s 14 are each repealed.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2004.