WSR 98-03-086
PROPOSED RULES
PARKS AND RECREATION
COMMISSION
[Filed January 21, 1998, 11:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-24-111.
Title of Rule: Chapter 352-60 WAC, Designation of whitewater river sections.
Purpose: To designate whitewater river sections in state for regulation compliance by whitewater river outfitters licensed in Washington.
Statutory Authority for Adoption: RCW 88.12.279 and 43.51.400.
Statute Being Implemented: RCW 88.12.279.
Summary: Adopts appropriate definitions and listing of whitewater river sections with class III rapids or greater.
Reasons Supporting Proposal: Directed by RCW 88.12.279.
Name of Agency Personnel Responsible for Drafting and Implementation: Mark Kenny, Olympia, (360) 902-8510; and Enforcement: County Sheriff Department, state-wide.
Name of Proponent: Washington State Parks and Recreation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Purpose of proposed rule is to identify whitewater river sections in the state of Washington on which whitewater river outfitters taking passengers for hire must comply with statutes in RCW 88.12.279.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. There are no costs imposed or associated with compliance with this proposed rule.
RCW 34.05.328 does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the commission.
Hearing Location: Olympia, Washington, on March 6, 1998, at 9:00 a.m., contact Paul Malmberg at (360) 753-7143 for hearing location.
Assistance for Persons with Disabilities: Contact Paul Malmberg by February 20, 1998, (360) 753-7143.
Submit Written Comments to: Mark Kenny, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, FAX (360) 753-1594, by February 20, 1998.
Date of Intended Adoption: March 6, 1998.
January 20, 1998
Jim French
Senior Policy Analyst
AMENDATORY SECTION (Amending WSR 94-16-027, filed 7/25/94, effective
8/25/94)
WAC 352-60-020 Definitions. When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.
"Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.
"Coastal waters" means those waters (i.e., bays, sounds, harbors, rivers, inlets, etc.) directly connected to the territorial seas of the state of Washington where any entrance exceeds two nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to two miles, as shown on the current edition of the appropriate National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
"International waters" means the high seas within the territorial limits of Washington state seaward of the demarcation lines dividing the high seas from the harbors, rivers, bays, sounds, and other inland waters, as established in Chapter 33, Code of Federal Regulations, Part 80, and are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Chapter 33, Code of Federal Regulations, Part 81-72, Appendix A.
"Inland waters" means the waters within the territorial limits of Washington state shoreward of the demarcation lines dividing the high seas from harbors, rivers, bays, sounds, and other inland waters, as established in Chapter 33, Code of Federal Regulations, Part 80, which are not governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A.
"Length" means a straight line measurement of the overall distance from the foremost point of a vessel to the aftermost part of a vessel, measured parallel to the centerline not including bow sprits, bumpkins, boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments.
"Observer" means an individual riding in a vessel who is responsible for observing a water skier at all times.
"Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
"Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
"Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
"Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.
"Personal flotation device" means a wearable Type I off-shore life jacket, Type II wearable near-shore buoyant vest, Type III wearable flotation aid, Type IV throwable ring buoy or buoyant cushion, or Type V special use device or hybrid inflatable device, that is approved by the United States Coast Guard Commandant under Chapter 46, Code of Federal Regulations, Part 160.
"PFD" means a personal flotation device.
"Power-driven vessel" means any vessel propelled by machinery.
"Sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.
"Racing shell, rowing scull, and racing kayak" means any manually propelled boat that is recognized by a national or international racing association for use in competitive racing, in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and which is not designed to carry and does not carry any equipment not solely for competitive racing.
"Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
"Use" means to operate, navigate, moor or employ.
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.
"Vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability.
"Vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these requirements and is therefore unable to keep out of the way of another vessel.
"Vessel restricted in her ability to maneuver" means a vessel which from the nature of her work is restricted in her ability to maneuver as required by these requirements and is therefore unable to keep out of the way of another vessel. Vessels restricted in their ability to maneuver include, but are not limited to:
A vessel engaged in laying, servicing or picking up a navigation mark, submarine cable, or pipeline;
A vessel engaged in dredging, surveying, or underwater operations;
A vessel engaged in replenishment or transferring persons, provisions, or cargo while underway;
A vessel engaged in the launching or recovery of aircraft;
A vessel engaged in mineclearance operations; and
A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
"Visual distress signal" means any signalling device approved by the United States Coast Guard for use on recreational vessels.
"Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
"Waters of the state" means any waters within the territorial limits of Washington state.
"Whistle" means any sound signaling appliance capable of producing the prescribed blasts and which complies with specifications found in Title 33, Code of Federal Regulations, Part 81, Appendix A.
"Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 88.12.265 or as designated by the commission in WAC 352-60-140(2).
"Whitewater river outfitter" means any person who is advertising to
carry or carries passengers for hire on any whitewater river of the
state, but does not include any person whose only service on a given trip
is providing instruction in canoeing or kayaking skills.
[Statutory Authority: RCW 43.51.400, 88.12.065, 88.12.125, 88.12.245 and
chapter 33, CFR Part 175.15. 94-16-027, 352-60-020, filed 7/25/94,
effective 8/25/94. Statutory Authority: RCW 43.51.400. 84-11-057
(Order 79), 352-60-020, filed 5/18/84.]
NEW SECTION
WAC 352-60-140 Designation of whitewater rivers and river sections. Whitewater river outfitters must comply with the provisions found in RCW 88.12.245 through 88.12.275 when operating on whitewater rivers or sections of rivers of the state as set forth in this section.
(1) As provided by RCW 88.12.265, whitewater rivers of the state include the following rivers and sections of rivers:
(a) Green River above Flaming Geyser state park;
(b) Klickitat River above the confluence with Summit Creek;
(c) Methow River below the town of Carlton;
(d) Sauk River above the town of Darrington;
(e) Skagit River above Bacon Creek;
(f) Suiattle River;
(g) Tieton River below Rimrock Dam;
(h) Skykomish River below Sunset Falls and above the Highway 2 bridge one mile east of the town of Gold Bar;
(i) Wenatchee River above the Wenatchee County park at the town of Monitor;
(j) White Salmon River.
(2) Additionally, the commission designates the following sections
of rivers as having at least one class III rapid or greater, as described
in the Safety Code of the American Whitewater Affiliation. River
sections designated in this section are based on information published
in the American Whitewater Affiliation's Nationwide Whitewater Inventory,
1990 edition:
WASHINGTON RIVER SECTIONS--CLASS III OR GREATER
River Section(s) Miles Class County
American Hells Crossing (Victory Hall Creek) 4.5 IV Yakima
Baker North Cascades National Park to Baker Lake 2.7 IV Whatcom
Beckler Rapid River to mouth 7.7 III King/Snohomish
Boulder Boulder Falls to mouth 5.0 III Snohomish
Canyon Creek 10 mi. upstream of mouth to mouth 10.0 V Snohomish
Carbon Fairfax Bridge to 0.5 mi. below Lily Creek 4.0 V Pierce
Cascade Marble Creek Campground to bridge above mouth 8.1 V Skagit
Chehalis Bridge at Fisk Falls to Pe Ell 12.6 III Lewis
Chiwawa Huckleberry Campground to Wenatchee River 11.0 III Chelan
Cispus F.R. 23 Bridge/Doe Creek to F.R. 28 Bridge 11.9 IV Lewis
Cispus F.R. 28 Bridge to Cowlitz River 17.2 III Lewis
Cle Elum Big Boulder Creek to Salmon la Sac Creek 6.9 IV-V Kittitas
Clearwater Bridge to Confluence with White River 4.0 III Pierce
Deer Creek Bridge at Rick Creek to mouth 11.0 IV Snohomish/Skagit
Dosewallips Elkhorn Campground to Six Mile Bridge 5.0 III Jefferson
Duckabush Wilderness area boundary to mouth 7.2 IV Jefferson
Dungeness Dungeness Forks Camp hatchery 5.1 IV Clallam
Entiat Entiat Falls to Brief 9.0 III Chelan
Finney Creek Finney Creek Rd. Bridge to bridge at mouth 16.5 IV Skagit
Foss Bridge 3.2 mi. upstream of mouth to mouth 3.2 IV King
Grande Ronde Troy (OR) to Snake River at Heller Bar 39.0 II-III Asotin
Graywolf Wilderness area to lower Graywolf River trailhead 15.0 IV Clallam/Jefferson
Hamma Hamma 7.5 mi. above guard station to mouth/Hood Canal 14.4 I-III Mason
Hangman/Latah Creek 3 mi. below Rattler Run Creek to California Creek 10.0 IV Spokane/Whitman
Humptulips/E. Fork Flatbottom Creek to Boise Bridge 16.7 III Grays Harbor
Icicle Creek Josephine Lake to Wenatchee River 18.0 IV-VI Chelan
Kalama Elk Creek to Indian Creek 19.0 III Cowlitz
Lewis Lower Falls to Rush Creek 3.3 IV Skamania
Lewis Rush Creek to bridge above Swift Reservoir 7.4 III Skamania
Lost Pasayaten Wilderness Area to mouth 5.6 II-V Okanogan
Mashel Eatonville to bridge above mouth 4.6 IV Pierce
Miller Confluence of E. and W. Forks to S. Fork Skykomish 3.7 IV Snohomish
Nisqually McKenna to Tank crossing 1 mi. above Muck Creek 7.0 III Thurston
Nooksack N. Fork Nooksack Falls to Douglas Fir Campground 4.9 III Whatcom
Nooksack N. Fork Mt. Baker Wilderness to Nooksack Falls 12.3 IV Whatcom
Nooksack N. Fork Douglas Fir Forest Campground to Mt. Baker Highway
Mile Post 27 9.6 II-III Whatcom
Peshastin Creek Confluence Trosen Creek to Wenatchee 13.5 III-V Chelan
Pilchuck Creek Lake Creek to above falls 5.1 IV Snohomish
Pilchuck Creek Falls to Highway 9 4.7 IV Snohomish
Raging I-90 to mouth 4.0 III-IV King
Rapid Road end to mouth 5.0 IV Snohomish
Ruby and Granite Creek Confluence with Beebe Creek to Ross Lake 5.4 IV Whatcom/Skagit
Satsop/Middle Fork Kelly Hall Rd. to Turnow Rd. 16.0 III Grays Harbor
Sitkum Bridge 0.2 mi. below Rainbow Creek to mouth 2.5 III Clallam
Skykomish N. Bear Creek to mouth 12.7 IV Snohomish
Skykomish S. Commonwealth Creek to 0.5 mi. below Boxley Creek 4.0 II-III Snohomish
Snoqualmie/Middle Fork 2.5 mi. below Pratt River to Sallal Prairie 8.5 IV King
Snoqualmie/Middle Fork Cripple Creek to Taylor River 4.5 IV King
Spokane People Parks to Seven Mile Rd. 10.8 III Spokane
Stillaguamish N. Confluence/S. Branch to bridge below Moose Creek 8.0 V Snohomish
Stillaguamish S. Mallardy Creek to Verlot 9.0 III Snohomish
Stillaguamish S. Verlot to Granite Falls 12.3 V Snohomish
Sultan 1 mi. below Culmback Dam to mouth 15.5 IV Snohomish
Taylor Bridge to mouth 1.0 III King
Tolt S. Fork Bridge to Confluence/N. Fork Tolt 5.9 V King
Toutle State Route 504 Bridge to Tower Rd. Bridge/Cline Creek 9.5 III Cowlitz
Twisp Confluence N. Fork and S. Fork to mouth 28.2 III Okanogan
Tye Carroll Creek to Confluence/Foss River and Beckler River 3.0 IV King
White Bridge 1.5 mi. above W. Fork to Old Pond Creek 22.1 III Pierce
White Chuck Glacier Peak Wilderness Boundary to mouth 6 mi. below bridge 10.9 IV Snohomish
Wind Ranger Station near Stabler to High Bridge 7.5 V Skamania
Wynoochee End of road 0.5 mi. above Falls Creek to Geisler Creek 48.3 II-III Grays Harbor
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