WSR 98-19-112
PROPOSED RULES
PARKS AND RECREATION
COMMISSION
[Filed September 23, 1998, 9:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-16-068.
Title of Rule: Chapter 352-37 WAC, Wind/sand sailing on ocean beaches.
Purpose: To amend WAC 352-37-020 Definitions, to update language consistent with changes in recreational activities. To amend WAC 352-37-190 Excluded/limited recreational activities, to establish limitations and permit wind/sand sailing previously prohibited.
Statutory Authority for Adoption: RCW 43.51.040(2).
Summary: This activity is currently prohibited in state parks except under special permit.
Reasons Supporting Proposal: State parks would like the opportunity to allow this recreational activity under certain circumstances.
Name of Agency Personnel Responsible for Drafting: Kathryn J. Smith, 7150 Cleanwater Lane, Olympia, (360) 902-8594; and Enforcement: Washington state parks staff state-wide.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The current rule prohibits wind/sand sailing except under special permit in specific parks. State parks would like the opportunity to allow this recreational activity in specific parks and under certain circumstances.
Proposal Changes the Following Existing Rules: This change would eliminate the prohibition and/or the special activity permit currently required for wind/sand sailing on the ocean beaches in specific areas.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC amendment does not regulate or have economic impact through regulations on small businesses. There are no compliance costs to small businesses.
RCW 34.05.328 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: Lacey Community Center, 6729 Pacific Avenue S.E., Lacey, WA 98509, on November 6, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Gus Gustafson by October 27, TDD (360) 753-2036, or (360) 753-7143.
Submit Written Comments to: Pam McConkey, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 586-5875, by October 22.
Date of Intended Adoption: November 6, 1998.
September 22, 1998
Jim French
Senior Policy Analyst
OTS-2520.1
AMENDATORY SECTION (Amending WSR 90-07-050, filed 3/19/90, effective 4/19/90)
WAC 352-37-020 Definitions. Whenever used in this chapter the following terms shall have the meanings herein defined unless the context clearly indicates otherwise:
(1) "Commission" shall mean the Washington state parks and recreation commission.
(2) "Director" shall mean the director of the Washington state parks and recreation commission or his/her designee.
(3) "Persons" shall mean all natural persons, firms, partnerships, or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
(4) "Ocean beaches" shall mean all lands fronting on the Pacific Ocean between Cape Disappointment and Leadbetter Point; between Toke Point and the south jetty on Point Chehalis; and between Damon Point and the Makah Indian Reservation, and occupying the area between the line of ordinary high tide and the line of extreme low tide, as these lines now are or may hereafter be located, and, where applicable, between the Seashore Conservation Line, as established by survey of the Washington state parks and recreation commission and the line of extreme low tide, as these lines now are or may hereafter be located, or as defined in RCW 43.51.655, provided, that the ocean beaches shall not include any lands within the established boundaries of any Indian reservation.
(5) "Long Beach Peninsula" shall mean that area of the ocean beaches as defined in subsection (4) of this section lying between Cape Disappointment on the south and Leadbetter Point on the north.
(6) "South Beach" shall mean that area of the ocean beaches as defined in subsection (4) of this section lying between Toke Point on the south and the south jetty on Point Chehalis on the north.
(7) "North Beach" shall mean that area of the ocean beaches as defined in subsection (4) of this section lying between Damon Point on the south and Cape Flattery on the north.
(8) "Hard sand area" shall mean that area over which the tide ebbs and flows on a daily basis; and which is sufficiently hard or firm to support the weight of, and to provide unhindered traction for, an ordinary passenger vehicle.
(9) "Dry sand area" shall mean that area lying above and to the landward side of the hard sand area as defined in subsection (8) of this section.
(10) "Driveable beach" shall mean that area of the ocean beaches lying between the upper or landward limit of the hard sand area and the clam beds.
(11) "Motor vehicle" shall mean any self-propelled device capable of being moved upon a public highway, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, automobiles, trucks, motorcycles, motor bikes, motor scooters, mopeds, jeeps, or similar type four-wheel drive vehicles, buses, camper trucks, motor homes, and other self-propelled recreational vehicles. A motor vehicle must have a means of propulsion associated or attached directly to the device, and not receive motive power from a source independent or outside of the device. A motor vehicle must be certificated and licensed according to the provisions of chapter 46.12 RCW (Certificates of ownership and registration), and chapter 46.16 RCW (Vehicle licenses).
(12) "Wind/sand sailer" and "kite buggy" shall mean a wheeled, wind-driven recreational conveyance.
(13) "Parasail" shall mean a parachute-type device attached to a rope pulled by a motor vehicle, resulting in the participant being lifted from the ground by the force of the wind.
(14) "Hovercraft" shall mean a powered vehicle supported by a cushion of air capable of transporting persons.
[Statutory Authority RCW 43.51.040. 90-07-050, § 352-37-020, filed 3/19/90, effective 4/19/90.]
AMENDATORY SECTION (Amending WSR 90-07-050, filed 3/19/90, effective 4/19/90)
WAC 352-37-190 Excluded/limited recreation activities. The following forms of public outdoor recreation activities or devices are prohibited on the ocean beaches unless specifically authorized by the director as a special recreation event.
(1) Vehicles not licensed and certificated pursuant to chapters 46.12 and 46.16 RCW.
(2) Wind/sand sailers.
(3) Parasails.
(4) Hovercraft:
Provided, however, That wind/sand sailers and kite buggies may be permitted from April 15 to the day following Labor Day in the following designated areas: Ocean City State Park - North Beach Area, Description: From Ocean City Beach Road north for 1.8 miles to the mouth of Conner Creek; Twin Harbors State Park - South Beach Area, Description: From Warrenton Cannery Road south for 2.0 miles to the boundary with Willapa National Wildlife Refuge. Fort Canby State Park - Long Beach Peninsula Area, Description: From Oysterville Gap Road north for 2.7 miles to the boundary of Leadbetter Point State Park and from Bolstad Avenue south for 1.4 miles to Seaview Gap Road.
This recreational activity will be closed April 15 through the day following Labor Day during recreational razor clam season(s) in the above named areas.
[Statutory Authority RCW 43.51.040. 90-07-050, § 352-37-190, filed 3/19/90, effective 4/19/90.]