AN ACT Relating to land areas along the Pacific Ocean; amending RCW 35.21.230, 43.51.680, 79.94.340, 79.94.350, 79.94.360, and 79.94.380; creating a new section; and repealing RCW 79.94.370.

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

NEW SECTION. Sec. 1. The legislature finds and declares that for the protection and conservation of natural resources, and for the safety and enjoyment of the public using the beaches, and in keeping with current public attitudes in managing natural areas as outlined in the federal coastal zone management act of 1972 and the state shorelines management act of 1971, the state's coastal beaches should not be designated as a highway and should be redesignated as a natural area for the use and enjoyment of the public. It is the intent of the legislature to prohibit vehicular traffic other than authorized emergency, public service, and licensed commercial vehicles.

Sec. 2. Section 35.21.230, chapter 7, Laws of 1965 and RCW 35.21.230 are each amended to read as follows:

All streets in any incorporated city in this state, extending from high tide into the navigable waters of the state, except those designated as natural areas under RCW 79.94.340, 79.94.350, and 79.94.360, are hereby declared public highways.

Sec. 3. Section 46.08.180, chapter 12, Laws of 1961 as last amended by section 110, chapter 3, Laws of 1983 and RCW 43.51.680 are each amended to read as follows:

(1) For the protection and conservation of natural resources, and for the safety and enjoyment of the public using the beaches, it is unlawful to drive a motorized vehicle or airplane on any natural areas designated under RCW 79.94.340, 79.94.350, and 79.94.360 except as permitted under subsection (2) of this section.

(2) The Washington state parks and recreation commission((, after agreement with the Washington state department of transportation, shall establish reasonable regulations for the use and control of vehicular traffic on and along the ocean beach highways as designated and established under RCW 79.94.340, 79.94.350, and 79.94.360. The Washington state parks and recreation commission shall cooperate with county sheriffs and the state patrol in enforcing such traffic regulations: PROVIDED, That automobile driving shall be permitted on the beaches subject to the authority of the department of fisheries to prohibit driving over clam beds)) shall adopt rules to establish a system for orderly parking and beach access, usage, and development. The rules shall allow for only the following motorized vehicle traffic:

(a) Authorized emergency and public service vehicles, if responding to an emergency or if used in public business;

(b) Commercial vehicles operating under a permit issued by the commission; and

(c) Parking in areas designated for public parking, located on the hard sand portion of the beach, and within one-fourth mile of an access road designated by the commission.

(3) The commission may by rule establish reasonable fees for commercial permits issued under this section.

(4) In adopting rules under this section, the commission shall consider:

(a) Pedestrian safety;

(b) Preservation of beach vegetation and marine bird and mammal habitats;

(d) Prudent management of clam beds.

Sec. 4. Section 119, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.340 are each amended to read as follows:

The tidelands along the shore and beach of the Pacific ocean from the mouth of the Queets river north to Cape Flattery in the state of Washington, excepting, however, such rights as may have been conveyed by the state through deeds covering the second class tidelands in front of section 24, township 31 north, range 16 west, W.M., be and the same are hereby declared a ((~~public highway~~)) natural area for the use and enjoyment of the public forever and as such ((~~highway~~)) natural area shall remain forever open to the use of the public.

No part of the tidelands along said shore and beach shall ever be sold, or otherwise disposed of, or leased for any purpose other than the extraction of petroleum, gas, or minerals.

No leases, except those issued for extraction of petroleum, gas, or minerals, now existing on or for any part or parts of said tidelands along said shore and beach shall be renewed or extended.

Sec. 5. Section 120, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.350 are each amended to read as follows:

The shore and beach of the Pacific ocean including the area or space lying between ordinary high tide and extreme low tide (as such shore and beach now are or hereafter may be) from the southerly point of Damon's Point on the north side of the entrance to Grays Harbor to the mouth of the Queets river, state of Washington, be and the same are hereby declared a ((~~public highway~~)) natural area for the use and enjoyment of the public forever, and such ((~~highway~~)) area shall remain forever open to the use of the public.

No part of said shore or beach shall ever be sold, leased, or otherwise disposed of.

Sec. 6. Section 121, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.360 are each amended to read as follows:

The shore and beach of the Pacific ocean, including the area or space lying, abutting, or fronting on said ocean and between ordinary high tide and extreme low tide (as such shore and beach are now or hereafter may be) from the Columbia river or Cape Disappointment on the south to a point three hundred feet southerly from the south line of the government jetty on Peterson's Point, state of Washington, on the north, be and the same are hereby declared a ((~~public highway~~)) natural area for the use and enjoyment of the public forever, and as such ((~~highway~~)) area shall remain forever open to the use of the public.

No part of said shore or beach shall ever be sold, conveyed, leased, or otherwise disposed of.

Sec. 7. Section 123, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.380 are each amended to read as follows:

The department of natural resources may acquire by purchase, gift, exchange, or condemnation any lands, property, or interest therein from any political subdivision of the state, municipal corporation, the federal government, or any person for the purpose of expanding, improving, or facilitating the use of lands reserved under RCW 79.94.340 through ((~~79.94.370 for such public highway and recreation purposes~~)) 79.94.360 as natural areas.

NEW SECTION. Sec. 8. Section 122, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.370 are each repealed.