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; adding a new section to chapter 43.51 RCW; creating a new section; and repealing RCW 43.51.685 and 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, 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 recreation and conservation area for the use and enjoyment of the public. It is the intent of the legislature to authorize the state parks and recreation commission to implement an ocean beach management program designed to enhance the coastal beaches for pedestrian, recreational, and wildlife needs. In areas where vehicular traffic is allowed, the parks and recreation commission shall work cooperatively with county sheriffs and the state patrol in establishing a program for strong enforcement of traffic regulations. Vehicular traffic shall not be allowed on sand dunes except by emergency vehicles or by permit issued by the parks and recreation commission.

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 recreation and conservation 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, the Washington state parks and recreation commission, after agreement with the ((~~Washington state department of transportation~~)) department of game, shall develop and implement an ocean beach management program. In developing the program, the commission shall consider:

(a) Pedestrian and vehicular safety;

(b) Marine bird and mammal habitats;

(d) The protection of sand dune topography;

(e) The prudent management of clam beds;

(f) The economic impacts to the local community; and

(g) Public access and parking availability.

(2) The state parks and recreation commission, after consultation with the department of fisheries and local elected officials, shall establish reasonable regulations for the use and control of vehicular traffic on and along the ocean beach ((~~highways~~)) recreation and conservation areas 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 ocean beach management program and the authority of the department of fisheries to prohibit driving over clam beds. Vehicular traffic shall not be allowed on sand dune areas except by special permit issued by the state parks and recreation department or for emergency use.

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~~)) recreation and conservation area for the use and enjoyment of the public forever and as such ((~~highway~~)) recreation and conservation 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~~)) recreation and conservation 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~~)) recreation and conservation 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 recreation and conservation areas.

NEW SECTION. Sec. 8. A new section is added to chapter 43.51 RCW to read as follows:

Jurisdiction over the accreted nontrust lands in which the state has an interest along the ocean is under the jurisdiction of the state parks and recreation commission. No such accreted lands shall be sold, leased, or otherwise disposed of, except as provided in this section. The department of natural resources may lease the lands within the Washington state seashore conservation area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas: PROVIDED, That oil drilling rigs and equipment will not be placed on the seashore conservation area or state-owned accreted lands. Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the state parks and recreation commission to be reasonable, and not generally harmful or destructive to the character of the land.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) Section 8, chapter 120, Laws of 1967, section 6, chapter 55, Laws of 1969 ex. sess. and RCW 43.51.685; and

(2) Section 122, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.94.370.