WSR 98-19-115
PROPOSED RULES
PARKS AND RECREATION
COMMISSION
[Filed September 23, 1998, 9:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-16-033.
Title of Rule: Chapter 352-65 WAC, Boating safety program approval.
Purpose: Identifies the process used to review and approve local boating safety programs.
Statutory Authority for Adoption: RCW 88.12.385, 88.02.040, and 43.51.400.
Summary: To rewrite rule for clarity.
Reasons Supporting Proposal: Complies with Governor's Executive Order 97-02 Regulatory Improvement.
Name of Agency Personnel Responsible for Drafting and Implementation: James Horan, Olympia, (360) 902-8580.
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: Identifies the process used by state parks to review and approve local boating safety programs. Allows state parks to distribute unallocated vessel registration funds either by survey of out of county boater use, or, by distributing such funds evenly to all counties with an approved boating safety program.
Proposal Changes the Following Existing Rules: Allows state parks to consider distributing unallocated vessel registration funds to all counties with an approved boating safety program.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not impose compliance costs on small businesses.
RCW 34.05.328 does not apply to this rule adoption. Per RCW 34.05.328 (5)(b)(iii) and (iv), significant legislative rule-making requirements are not imposed on the commission's administration rules.
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: James Horan, Washington State Parks and Recreation Commission, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 753-1594, by October 16, 1998.
Date of Intended Adoption: November 6, 1998.
September 23, 1998
Jim French
Senior Policy Analyst
OTS-2557.2
AMENDATORY SECTION (Amending WSR 94-04-076, filed 1/31/94, effective 3/3/94)
WAC 352-65-010 ((Declaration
of purpose and authority.)) What is the purpose of boating safety program
approval? ((This chapter is adopted to implement RCW 88.02.040
wherein the Washington state parks and recreation commission has been directed to
establish a process to review and approve local boating safety programs and to make funds
available to local jurisdictions to offset out-of-county boater impacts. These rules
pursue the legislature's intention to provide funding to counties and local governments
for boater education about safe and responsible boating and to encourage boating safety
education in the primary and secondary school system, to increase the level and visibility
of the enforcement of boating laws, to purchase equipment including vessel noise
measurement equipment, and to stimulate local efforts toward safe boating.
The chapter is promulgated and published pursuant to the
authority granted to the parks and recreation commission in RCW 88.12.385. These rules
identify the necessary elements of a county boating safety program, specify the approval
process, and establish a time frame for approval and distribution of available funds.))
The purpose of boating safety program approval is to establish a process to review and
approve local boating safety programs and to make funds available to local governments to
support their boating safety education, information, and law enforcement activities and to
offset out-of-county boater impacts.
[Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. 94-04-076, § 352-65-010, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. 90-13-008, § 352-65-010, filed 6/7/90, effective 7/7/90.]
AMENDATORY SECTION (Amending WSR 94-04-076, filed 1/31/94, effective 3/3/94)
WAC 352-65-020 ((Program
description and assurances.)) How are the words and phrases used in this
chapter? ((Each county or local jurisdiction requesting approval of
its boating safety program must:
(1) Complete a description of its program on the forms
provided by state parks identifying each required program element as specified in WAC
352-65-040;
(2) Provide assurance that the boating safety program will
be operated throughout its scheduled season in compliance with program requirements and
that the funds allocated will be deposited into an account dedicated solely for supporting
the jurisdiction's boating safety program activities as specified in WAC 352-65-040.
(3) Agree to submit to state parks a copy of any audit
which discloses disallowed or questioned costs pertaining to funds provided through RCW
88.02.040 and this chapter and agree to resolve to the satisfaction of state parks
findings pertaining to these funds.
(4) Enforce boating safety equipment, vessel operation,
noise level, and registration laws as specified in Title 88 RCW, navigation and harbor
improvements, or as specified in local rules or ordinances.)) (1)
"Boating safety program approval" means that the county or local jurisdiction
has entered into an agreement with state parks to develop and maintain a boating safety
program meeting minimum requirements established by state parks.
(2) "Commission" means the seven-member Washington state parks and recreation commission.
(3) "Director" means the director of the Washington state parks and recreation commission or designee.
(4) "State parks" means the operating arm of the Washington state parks and recreation commission, which is responsible for implementation of commission programs established pursuant to statute or policy.
[Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. 94-04-076, § 352-65-020, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. 90-13-008, § 352-65-020, filed 6/7/90, effective 7/7/90.]
AMENDATORY SECTION (Amending WSR 94-04-076, filed 1/31/94, effective 3/3/94)
WAC 352-65-030 ((Equitable
local distribution.)) Who is eligible to apply for boating safety program
approval? ((The legislative authority of each county with an approved
boating safety program will be responsible for equitably distributing the funds allocated
by the state treasurer to local jurisdictions within the county which comply with the
requirements of this chapter. The county shall make the equitable distribution to all
eligible jurisdictions within seventy-five days of the allocation from the state treasurer
and shall notify state parks of the amount distributed to each eligible jurisdiction.
Local jurisdictions offering boating safety services and desiring to receive a
distribution of funds must enter into a cooperative agreement with the county and receive
and maintain state parks' approval for their boating safety program.)) Any
county or local public agency having jurisdiction over waters used for recreational
boating and possessing the authority to enforce the Revised Code of Washington and the
Washington Administrative Code is eligible to apply for state parks boating safety program
approval.
[Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. 94-04-076, § 352-65-030, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. 90-13-008, § 352-65-030, filed 6/7/90, effective 7/7/90.]
AMENDATORY SECTION (Amending WSR 94-04-076, filed 1/31/94, effective 3/3/94)
WAC 352-65-040 ((Minimum
program requirements.)) What are the minimum requirements necessary to obtain
boating safety program approval? ((A boating safety program must
provide the necessary services and support to allow the recreational boater the
opportunity to enjoy safe and clean waters. State parks, as the state's boating safety
program coordinator, has established the following minimum requirements for approval of
boating safety programs:
(1) Boating accident reporting and investigation.
(a) Each county or local jurisdiction must provide an
assurance that all serious or fatal accidents will be thoroughly investigated to the
maximum extent possible, and that copies of the investigative reports will be submitted to
state parks in a timely manner as specified in RCW 88.12.175.
(b) The approved county or local jurisdiction must support
the state-wide boating accident reporting system by:
(i) Providing recreational boaters with copies of the
state required boating accident report (BAR) form and informing recreational boaters of
their responsibility to submit the completed BAR in a timely fashion as specified in RCW
88.12.155; and
(ii) Submitting to state parks a completed boating
accident report (BAR) form which includes all available information about the accident or
casualty as specified in chapter 352-70 WAC.
(2) Boater assistance. The county or local jurisdiction
will have the ability to respond or coordinate response to boating emergencies which occur
within its jurisdiction. Such emergencies may include swift water response, open water
rescue, ice rescue, vessel fire, overdue boater search, or other boating related
emergencies or distress calls.
(3) Training. The county or local jurisdiction will be
responsible for acquiring the training for its assigned boating safety program personnel.
The training will include basic boating safety officer training as provided by the United
States Coast Guard, Washington state parks, or any county or local jurisdiction whose
training program is approved by Washington state parks.
Such training must be acquired within one year of
initiating a new boating safety program, and within one year for each newly assigned
boating safety officer.
(4) Rules and regulations. When the county or local
jurisdiction adopts ordinances governing recreational boating, the ordinances must be as
restrictive, but may be more restrictive than Washington state boating laws and
regulations.
(5) Enforcement. The county or local jurisdiction must
provide:
(a) Boating safety officers with law enforcement
commissions which empower such officers to enforce all boating laws and regulations;
(b) A patrol schedule which insures the waterways are
patrolled during peak recreational periods;
(c) Response to on-water complaints, accidents, or
emergencies;
(d) The necessary boating safety patrol equipment,
including vessel(s) capable of serving the minimum requirements of this section. The
patrol vessel must be properly marked and properly equipped as provided in chapter 88.02
RCW and chapter 352-60 WAC.
(6) Boating education. The county or local jurisdiction
must have a boating education and information program satisfactory to state parks.
(a) A satisfactory boating education program may include
any of the following: Presentations in primary and secondary schools, to boating
organizations, to youth groups or a course of instruction to the boating public using
lessons and materials from state parks education curriculum, or other state or nationally
recognized curriculum approved by state parks.
(b) The county or local jurisdiction boating education and
information program must:
(i) Have an officer trained by state parks as a boating
education instructor;
(ii) Have a designated officer to coordinate the
activities of state parks trained volunteer boating education instructors and to act as
liaison to boating education organizations; and
(iii) Distribute boating safety information and materials,
including materials provided by state parks, to boating and outdoor recreation
organizations, the boating public, public agencies and the local media.
(7) Waterway marking. The county or local jurisdiction
will use only those waterway markers which conform to the Uniform State Waterway Marking
System found in chapter 352-66 WAC.
(8) Boating safety inspections.
The county or local jurisdiction will complete written
boating safety inspections during enforcement and informational contacts when considered
safe and appropriate to document boater compliance with state boating laws. State parks
will provide boating safety inspection forms. A copy of the completed inspection will be
submitted to state parks for statistical purposes.
(9) Reports. The county or local jurisdiction agrees to
submit an annual report of activities performed through the boating safety program and to
submit an annual report of all program expenditures. The county or local jurisdiction
agrees to participate in state-wide boating surveys coordinated by state parks. Forms will
be provided by state parks.
(10) Limitations on use of funds. These funds are intended
to increase education and enforcement efforts and to stimulate greater local participation
in boating safety and are not to supplant existing local funds used for boating safety
programs. The county or local jurisdiction agrees to deposit boat registration fees
allocated by the state treasurer under RCW 88.02.040, into an account dedicated solely for
boating safety purposes which include all activities or expenditures identified in this
section.)) The minimum requirements necessary to obtain boating safety program
approval are as follows:
(1) Boating accident reporting and investigation.
(a) Each county or local jurisdiction must provide an assurance that all serious or fatal recreational boating accidents will be thoroughly investigated to the maximum extent possible, and that copies of the investigative reports will be submitted to state parks as specified in RCW 88.12.175.
(b) The approved county or local jurisdiction must support the state-wide boating accident reporting system by:
(i) Providing recreational boaters with copies of the state required boating accident report (BAR) form and informing recreational boaters of their responsibility to submit the completed BAR as specified in RCW 88.12.155; and
(ii) Submitting to state parks a completed BAR form which includes all available information about the accident or casualty as specified in chapter 352-70 WAC.
(2) Boater assistance. The county or local jurisdiction will have the ability to respond or coordinate response to recreational boating emergencies which occur within its jurisdiction. Such emergencies may include swift water response, open water rescue, ice rescue, vessel fire, overdue boater search, or other boating-related emergencies or distress calls.
(3) Training. The county or local jurisdiction will be responsible for acquiring the training for its assigned boating safety program personnel. The training will include basic boating safety officer training as provided by the United States Coast Guard, state parks, or any county or local jurisdiction whose training program is approved by state parks.
Such training must be acquired within one year of initiating a new boating safety program, and within one year for each newly assigned boating safety officer.
(4) Rules and regulations. When the county or local jurisdiction adopts ordinances governing recreational boating, the ordinances must be as restrictive, but may be more restrictive than Washington state boating laws and regulations.
(5) Enforcement. The county or local jurisdiction must:
(a) Provide:
(i) Officers with law enforcement commissions from the criminal justice training commission which authorizes such officers to enforce all boating laws and regulations;
(ii) A patrol schedule that ensures such officers patrol the waterways during peak recreational boating periods;
(iii) The necessary boating safety patrol equipment, including vessel(s) capable of serving the minimum requirements of this section. The patrol vessel must be properly marked and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC;
(b) Respond to on-water complaints, accidents, and emergencies;
(c) Enforce safety equipment, vessel operation, noise level, navigation and harbor improvements, and registration laws as specified in Title 88 RCW, and as specified in local codes or ordinances.
(6) Boating safety education and information. The county or local jurisdiction must have a boating safety education and information program as follows: Have a designated officer, trained by state parks, to coordinate the activities of boating safety education instructors, act as liaison to boating safety education organizations, and to coordinate:
(a) Boating safety presentations which may include any of the following: Presentations in primary and secondary schools, to boating organizations, and youth groups.
(b) Boating safety instruction. A public course of instruction using lessons and materials from state parks education curriculum, or other state or nationally recognized curriculum approved by state parks.
(c) Boating safety information. Distribute boating safety information and materials, including materials provided by state parks, to boating and outdoor recreation organizations, the boating public, public agencies, and the local media.
(7) Waterway marking. The county or local jurisdiction will use only those waterway markers which conform to the uniform state waterway marking system found in chapter 352-66 WAC.
(8) Boating safety inspections. The county or local jurisdiction will complete written boating safety inspections during enforcement and informational contacts when considered safe and appropriate to document boater compliance with state boating laws. State parks will provide boating safety inspection forms. A copy of the completed inspection will be submitted to state parks for statistical purposes.
(9) Reports. The county or local jurisdiction agrees to submit an annual report of activities performed through the boating safety program and to submit an annual report of all program expenditures. The county or local jurisdiction agrees to participate in state-wide boating surveys coordinated by state parks.
(10) Limitations on use of funds. These funds are intended to increase education and enforcement efforts and to stimulate greater local participation in boating safety and are not to supplant existing local funds used for boating safety programs. The county or local jurisdiction agrees to deposit boat registration fees allocated by the state treasurer under RCW 88.02.040, into an account dedicated solely for boating safety purposes which include all activities or expenditures identified in this section.
[Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. 94-04-076, § 352-65-040, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. 90-13-008, § 352-65-040, filed 6/7/90, effective 7/7/90.]
NEW SECTION
WAC 352-65-045 How does a county or city apply for approval of a boating safety program? In order to be considered by state parks for approval of a county or local jurisdiction boating safety program, an applicant must complete and submit an application form provided by state parks.
[]
AMENDATORY SECTION (Amending WSR 90-13-008, filed 6/7/90, effective 7/7/90)
WAC 352-65-050 ((Distribution
of funds.)) What funds are available and how are they distributed to approved
boating safety programs? (((1) Funds available under RCW 88.02.040,
which are to be distributed by the state treasurer based on the number of registered
vessels by county of moorage, shall be released upon notification to the state treasurer:
(a) By state parks that the county has an approved
program; and
(b) By the department of licensing of:
(i) The amount of registration fees collected by each
county through June 30 of that calendar year; and
(ii) The total vessels registered by each county through
June 30 of that calendar year.
(2) State parks will award those remaining funds not
distributed in subsection (1) of this section to help offset out-of-county boater law
enforcement and boating safety impacts. The following information will be considered when
awarding unallocated funds:
(a) State-wide surveys of vessel use;
(b) Estimates of out-of-county use made by county or local
officials supported by locally conducted surveys; and
(c) Other available professionally conducted surveys,
studies, or research.)) Vessel registration fees are available under RCW
88.02.040 and are distributed as follows:
(1) State treasurer distribution to counties:
(a) Vessel registration fees will be distributed to counties upon notification to the state treasurer:
(i) By state parks that the county has an approved program; and
(ii) By the department of licensing of:
(A) The amount of registration fees collected in each county through June 30 of that calendar year; and
(B) The total vessels registered in each county through June 30 of that calendar year.
(b) State parks will award those remaining funds not distributed in this subsection to help offset out-of-county boater law enforcement and boating safety impacts. State parks may consider the following information when awarding unallocated funds:
(i) State-wide surveys of vessel use;
(ii) Estimates of out-of-county use made by county or local officials supported by locally conducted surveys;
(iii) Other available professionally conducted surveys, studies, or research; or
(iv) Subject to and based upon the availability of unallocated funds, counties with an approved program and identified as receiving the least amount of funds may be awarded additional funds to meet a minimum dollar amount set by state parks.
Any remaining funds not distributed as the result of (b)(i) through (iv) of this subsection will be distributed evenly to all counties with an approved boating safety program.
(2) Counties distribution to local jurisdictions with approved boating safety programs:
(a) Local jurisdiction program approval. Local jurisdictions offering boating safety services and desiring to receive a distribution of funds must enter into a cooperative agreement with the county and receive and maintain state parks' approval for their boating safety program.
(b) County distribution of the funds. The legislative authority of each county with an approved local jurisdiction boating safety program will be responsible for equitably distributing the funds allocated by the state treasurer to local jurisdictions within the county which comply with the requirements of this chapter. The county shall make the equitable distribution to all eligible jurisdictions within seventy-five days of the allocation from the state treasurer and shall notify state parks of the amount distributed to each eligible jurisdiction.
[Statutory Authority: RCW 43.51.400 and 88.12.385. 90-13-008, § 352-65-050, filed 6/7/90, effective 7/7/90.]
NEW SECTION
WAC 352-65-055 What conditions apply to approval of a boating safety program? The following conditions apply to approval of a boating safety program:
(1) Program agreement. For each approved program, an agreement must be executed by the director and by the applicant.
(2) Accountability. Counties and local jurisdictions with state parks approved boating safety programs must maintain accurate annual records of activities and expenditures of their boating safety programs, provide state parks with these records consistent with the agreement or upon request, and permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards.
(3) Reporting requirements. Counties and local jurisdictions with state parks approved boating safety programs shall submit reports required by state parks.
[]
AMENDATORY SECTION (Amending WSR 94-04-076, filed 1/31/94, effective 3/3/94)
WAC 352-65-060 ((Annual
program assessment and report.)) What criteria will be used to evaluate
continuation of approval of a boating safety program? ((An annual
assessment and report of activities of each approved county or local jurisdiction boating
safety program will be made by state parks in order to insure the integrity of the program
approval.
(1) The annual assessment will be based on program
requirements as specified in this chapter. Counties and local jurisdictions meeting the
requirements will maintain approval; those counties or local jurisdictions unable to
demonstrate compliance with minimum approval requirements will have forty-five days to
submit a plan satisfactory to state parks to remedy the deficiencies. If, after forty-five
days, a county or local jurisdiction is unable to demonstrate its ability to meet minimum
requirements, state parks may revoke the program approval after the county or local
jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, Administrative
Procedure Act.
(2) When boating safety program approval requirements
change or when deemed appropriate to document changes to an approved program, state parks
may require a revised program description be submitted to state parks as specified in WAC
352-65-020.
(3) State parks will publish an annual report of the
program activities and the expenditures of state vessel registration fees for all approved
boating safety programs.)) The following criteria will be used to evaluate
continuation of program approval:
(1) Assessment. State parks will conduct an assessment of the activities and expenditures of each approved boating safety program. The assessment will be based on approved program requirements as specified in this chapter and in the approved program agreement.
(2) Continuation of approval. Counties and local jurisdictions meeting the minimum program approval requirements will maintain approval.
(3) Revocation of approval. Those counties or local jurisdictions unable to demonstrate compliance with minimum approval requirements will have forty-five days to submit a plan satisfactory to state parks to remedy the deficiencies. If, after forty-five days, a county or local jurisdiction is unable to demonstrate its ability to meet minimum requirements, state parks may revoke the program approval after the county or local jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, the Administrative Procedure Act.
(4) Program changes. When state parks boating safety program approval requirements change, state parks may require a revised program description be submitted as specified in this chapter.
[Statutory Authority: RCW 88.12.385, 88.02.040 and 43.51.400. 94-04-076, § 352-65-060, filed 1/31/94, effective 3/3/94. Statutory Authority: RCW 43.52.050 [43.51.050]. 90-13-008, § 352-65-060, filed 6/7/90, effective 7/7/90.]