WSR 97-09-114




[Filed April 23, 1997, 11:43 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-06-063.

Title of Rule: Use of metal detectors in state parks.

Purpose: To remove the "day use are [area]" language from WAC 352-32-235 Metal detecting.

Statutory Authority for Adoption: RCW 43.51.040 and 43.51.180(7).

Statute Being Implemented: SHB 1061 enacted during 1997 legislative session.

Summary: Amends existing rule by permitting use of metal detectors in approved state parks and removing language which restricts their use to day use areas.

Reasons Supporting Proposal: In response to proposed legislation and continued requests from metal detectorists, state parks staff are proposing to expand the public service, specifically for recreational metal detecting in state parks.

Name of Agency Personnel Responsible for Drafting: Allan Jacobson, 7150 Cleanwater Lane, 902-8606; Implementation and Enforcement: Kathryn J. Smith, 7150 Cleanwater Lane, 902-8594.

Name of Proponent: Washington State Parks and Recreation Commission in cooperation with Federation of Metal Detectors group, private and governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To provide controls on the use of metal detectors and the removal of small contemporary materials in state parks areas. This proposed amendatory section provides for "approved areas for metal detecting" according to commission's land management directions.

Proposal Changes the Following Existing Rules: Staff recommends that the commission adopt the proposed amended WAC 352-32-235 to allow metal detecting in approved campsites, in approved campgrounds. This could also allow detecting in seasonally closed campsites within opened parks.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC amendment does not regulate or have an economic impact through regulations on small businesses. There are no compliance costs to small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission nor has the commission voluntarily applied these requirements.

Hearing Location: Red Lion Inn, 1225 North Wenatchee Avenue, Wenatchee, WA, on May 30, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Tom Ernsberger by May 20, 1997, TDD (509) 664-3162, or (509) 662-0420.

Submit Written Comments to: Kathryn J. Smith, 7150 Cleanwater Lane, Olympia, WA 98504-265 [98504-2650], FAX (360) 586-5875, by May 23, 1997.

Date of Intended Adoption: May 30, 1997.

April 22, 1997

Jim French

Policy Analyst

AMENDATORY SECTION (Amending WSR 92-19-098, filed 9/17/92, effective 10/18/92)

WAC 352-32-235 Use of metal detectors in state parks. The use and operation of metal detectors, as well as the removal of small contemporary materials, is permitted within selected state parks as designated by the director, in accordance with all commission direction on land management, and subject to the conditions and limitations specified.

(1) The use of metal detectors is permitted only within specified portions of ((the developed day use areas of these)) approved state parks as posted for public reference. Metal detecting may be allowed in an approved campsite occupied by the registered detectorist and in unoccupied campsites within approved campgrounds.

(2) The use of metal detectors within a state park shall be limited to daylight hours that the park has posted as "open." No use shall be allowed during periods of seasonal or emergency park closure, except where otherwise posted.

(3) Any person wishing to use a metal detector shall so indicate to park personnel at the park where the use is to occur, by complying with the registration process provided for such purpose.

(4) Exceptional uses of metal detectors in state parks may be allowed through the issuance of a special recreation event application, available from the agency.

(5) This section does not apply to commission employees while engaged in the performance of their duties.

(6) Persons operating metal detectors in state parks and state park areas shall:

(a) Observe all laws and regulations.

(b) Never destroy or disturb park facilities, natural features, or historical or archeological resources. No item which appears to be of historical or archaeological significance, remaining from either early pioneer activity or from a native American presence, may be removed from the site at which it was found. Any such find shall be immediately reported to park personnel, and the area in which the find occurred shall not be disturbed further.

(c) Limit digging implements to ice picks, screwdrivers and probes not to exceed two inches in width and sand scoops not to exceed six inches in width and eight inches in length, containing perforations no less than one-half inch in width, to be used only on sand surfaces. Any holes dug shall be limited to six inches maximum depth and shall be immediately refilled and the surface restored to its earlier condition.

(d) Properly dispose of all found or recovered trash and litter.

(e) Conduct themselves with thoughtfulness, courtesy and consideration for others, and not interfere with other recreational activities. An operator shall not allow any emitted metal detector sound audible to other park users from the Friday before Memorial Day through Labor Day.

(7) Except as provided in WAC 352-32-310, any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-235, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040. 92-15-118, 352-32-235, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 90-04-025, 352-32-235, filed 1/29/90, effective 3/1/90; 87-08-007 (Order 99), 352-32-235, filed 3/23/87, effective 9/8/87.]

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