WSR 07-13-101

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 20, 2007, 11:23 a.m. ]

Supplemental Notice to WSR 07-09-084.

Preproposal statement of inquiry was filed as WSR 07-05-086.

Title of Rule and Other Identifying Information: New chapter 232-13 WAC, Public conduct in wildlife areas and access sites owned or controlled by the department of fish and wildlife.

Repealing WAC 232-12-174 Domestic animals on department lands, 232-12-177 Vehicles using department lands, 232-12-184 Aircraft -- Authorized use on department lands, 232-12-187 Access areas -- Other department lands -- Wildlife agent to control traffic thereon, and 232-12-251 Removal of minerals, wood, and artifacts from department lands.

Hearing Location(s): Seafarer's Memorial Park Building, 601 14th Street, Anacortes, WA 98221, (360) 293-0694, on August 3-4, 2007, at 8:00 a.m.

Date of Intended Adoption: October 12, 2007.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by July 17, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 31, 2007, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New chapter 232-13 WAC, the purpose of this new chapter is to establish allowed and prohibited activities on department of fish and wildlife owned or controlled lands, waters, or access areas. These include activities relating to: Aircraft use, proper behavior and conduct, camping, commercial use or activities, dumping and sanitation, erecting structures, firearms and target practice, fireworks, livestock, parking, pets, resource removal, and vehicle use. It also establishes the authority to regulate public use, clarifies enforcement authority, and establishes violations of this chapter as misdemeanors.

Repeal WAC 232-12-174, 232-12-177, 232-12-184, 232-12-187 and 232-12-251, these WAC topics will be incorporated into new chapter 232-13 WAC.

Reasons Supporting Proposal: The department's paramount responsibilities are to preserve, protect, perpetuate, and manage the fish and wildlife species of the state and maximize opportunities for people to hunt, fish, and appreciate fish and wildlife. It has been observed in recent years that many activities currently occurring on department lands are inconsistent with fish and wildlife management goals, damage habitat, disturb wildlife, or prevent others from enjoying fish and wildlife recreational opportunities. This new chapter serves to curb these undesirable effects. Regulations directing public use activities are currently scattered among other regulations. There is a need to consolidate them under one heading for clarity, better enforcement, and to ultimately allow the department to fulfill its responsibilities.

Statutory Authority for Adoption: RCW 77.12.210, 77.12.880.

Statute Being Implemented: RCW 77.12.210, 77.12.880.

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

Name of Proponent: Washington fish and wildlife commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule[s] regulate the use of department owned or controlled lands and do not pose an additional cost to small business beyond what is already required.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 20, 2007

Morris Barker

for Lori Preuss

Rules Coordinator

OTS-9678.2

Chapter 232-13 WAC

PUBLIC CONDUCT IN WILDLIFE AREAS AND ACCESS SITES OWNED OR CONTROLLED BY THE DEPARTMENT OF FISH AND WILDLIFE


NEW SECTION
WAC 232-13-010   Introduction.   The Washington department of fish and wildlife (department) is governed by a dual mandate. Its paramount responsibility is to preserve, protect, perpetuate, and manage the fish and wildlife species of the state (RCW 77.04.012). At the same time, the department strives to maximize opportunities for people to hunt, fish, and appreciate fish and wildlife (RCW 77.04.012 and 77.04.020).

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NEW SECTION
WAC 232-13-020   Purpose.   Primary purposes for the public use of department-owned or controlled public lands, waters, or access areas include lawful hunting and fishing, wildlife observation, and other wildlife-oriented recreational activities. Additional activities are secondary and may be restricted or prohibited.

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NEW SECTION
WAC 232-13-030   Definitions.   Definitions used in rules of the fish and wildlife commission are defined in RCW 77.08.010. In addition, unless otherwise provided:

(1) "Aircraft" means any machines designed to travel through the air, whether heavier or lighter than air, including but not limited to airplanes, dirigibles, balloons, and helicopters. The term "aircraft" shall not include paragliders or remote-controlled aircraft.

(2) "Campfire" means any open flame from a wood source.

(3) "Camping" means erecting a tent or shelter or arranging bedding, or both, or parking a recreational vehicle or other vehicle for the purpose of remaining overnight.

(4) "Campgrounds" are department-designated areas where camping is allowed.

(5) "Closed or restricted access" means any department-owned or controlled public lands, waters, or access areas (including roads and trails) that are gated and locked, closed by earthen mound, or designated as closed or posted as such with signs.

(6) "Commercial use or activity" is any use or activity on department-controlled or managed lands, waters, or access areas:

(a) Where an entry or other type of fee is charged; or

(b) Where the primary purpose is the sale or barter of a good or service; and

(c) In either case, the term applies regardless of whether the use or activity is intended to produce a profit.

(7) "Director" means the department's director or his or her designee.

(8) "Department land" means any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, excluding private lands.

(9) "Fire" means any open flame from any source or device, including but not limited to campfires, stoves, candles, torches, barbeques, and charcoal.

(10) "Firearm," as defined in RCW 9.41.010, means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. For purposes of this chapter, "firearm" does not include BB guns, pellet guns, paintball guns, or other guns that use compressed air as a propellant, or immobilization guns used in animal restraint by department personnel.

(11) "Fireworks," as defined in RCW 70.77.126, means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

(12) "Garbage," as defined in WAC 246-203-120, means all solid and semisolid kitchen refuse subject to decay or putrefaction, and all market waste of animal and vegetable matter that was intended to be used as food.

(13) "Incendiary" means causing or designed to cause fires, such as certain substances or bombs.

(14) "Livestock," as defined in RCW 16.57.010, includes, but is not limited to, horses, mules, cattle, sheep, swine, and goats.

(15) "Motorized vehicle," as defined in RCW 46.09.020, means a vehicle that derives motive power from an internal combustion engine. For purposes of this chapter, it does not mean motorized wheel chairs used by persons with disabilities.

(16) "Parking," as defined in RCW 46.04.381, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(17) "Pet" means a dog, cat, or any animal that has been domesticated, except livestock.

(18) "Possession" means exercising direct physical control or dominion, with or without ownership, over weapons, traps, nets, or other property, or archeological, cultural, or natural resources.

(19) "Road," pursuant to RCW 46.04.500 and 46.04.197, means that portion of an every way publicly maintained for the purposes of vehicular travel. For purposes of this chapter, "road" means a road wholly or partly within or adjacent to and serving department-owned or controlled public lands, waters, or access areas under the jurisdiction of the department.

(20) "Snowmobile," as defined in RCW 46.10.010, shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to, the motor vehicle excise tax in the state of Washington.

(21) "Trash and rubbish," as defined in WAC 246-203-120, means all waste material not of putrescible nature, which for the purpose of this regulation shall include ashes.

(22) "Tracer bullet or shell" means a bullet, projectile, or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire, so as to facilitate adjustment of the aim.

(23) "Vessel" means any craft that is used or is capable of being used as a means of transportation on or under water or ice, including but not limited to powerboats, cruisers, houseboats, sailboats, airboats, hovercraft, rowboats, canoes, kayaks, or other personal watercraft. This also includes buoyant devices permitting or capable of free flotation.

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NEW SECTION
WAC 232-13-040   Aircraft.   (1) Except as authorized by the director or the director of the department of natural resources, it is unlawful to land aircraft on department lands, except in the case of a bona fide emergency.

(2) This section does not apply to official aircraft used in the performance of research, search and rescue missions, medical emergencies, law enforcement activities, emergency evacuations, fire fighting activities, or other agency administrative activities.

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NEW SECTION
WAC 232-13-050   Behavior and conduct.   (1)(a) It is unlawful to engage in disorderly conduct on department lands. Disorderly conduct is a misdemeanor, pursuant to RCW 9A.84.030.

(b) For the purposes of this subsection, a person is guilty of disorderly conduct if he or she:

(i) Uses abusive language and thereby intentionally creates a risk of assault;

(ii) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

(iii) Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

(2)(a) It is unlawful to possess or dispense beer or malt liquor in quantities subject to keg registration laws under RCW 66.28.210, on department lands, without a permit from the director.

(b) It is unlawful to hold, sponsor, or attend an event requiring a banquet permit under chapter 314-18 WAC from the liquor control board, on department lands without a permit from the director.

(3) Pursuant to RCW 77.15.230 and WAC 232-12-187, it is unlawful to use department lands in a manner or for a purpose contrary to signs or notices posted on those lands, waters, or access areas. Pursuant to RCW 77.15.230, unlawful use of department lands is a misdemeanor.

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NEW SECTION
WAC 232-13-060   Camping.   (1) It is unlawful to establish or occupy a camp on department lands in excess of twenty-one days within a thirty-day period, except where designated by the director or when allowed by posted notice.

(2) It is unlawful to establish or occupy a residence camp on department lands. For purposes of this section, a residence camp is an encampment, occupancy, or presence on department lands that is the principal place of residence for the person or occupant.

(3) A residence camp on department lands is declared to be a public nuisance and may be abated by the department without notice or process.

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NEW SECTION
WAC 232-13-070   Fires and campfires.   With the exception of fires used by the department for habitat management and restoration, and campfires, fires for stoves, candles, torches, barbeques, and charcoal, all fires are prohibited on department lands. Campfires are limited to a maximum of three feet in diameter and three feet high. All fires must be attended to at all times and extinguished before leaving.

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NEW SECTION
WAC 232-13-080   Commercial use or activity.   (1) It is unlawful to use department lands for any commercial purposes, including but not limited to the placement of bee hives, collecting mushrooms or plants or plant parts; guiding or outfitting hunters, anglers, or whitewater rafters; or sales or services, without a permit from the director.

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NEW SECTION
WAC 232-13-090   Noncommercial use or activity.   It is unlawful to sponsor, conduct, or hold a private or public event, involving more than thirty people, on department lands without a permit from the director.

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NEW SECTION
WAC 232-13-100   Dumping and sanitation.   (1) It is unlawful for any person to throw, drop, or leave any discarded object, garbage, trash, rubbish, or waste upon any department lands except into a litter or garbage receptacle or container installed for that purpose on such property.

(2) It is unlawful to burn trash and rubbish, except that a person may use paper products to build a campfire in accordance with WAC 232-13-070, on department lands.

(3) It is unlawful to drain or dump refuse or waste from any trailer, camper, automobile, other vehicle, or vessel on department lands.

(4) Except for department-owned vehicles or vehicles used by the department for department administration, it is unlawful to clean or wash any automobile, vessel, or other vehicle on department lands. This subsection does not apply to department-directed actions for invasive species control and prevention.

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NEW SECTION
WAC 232-13-110   Enforcement.   (1) Fish and wildlife officers and ex officio fish and wildlife officers have the authority to remove from department lands people who have violated the law or failed to obey department regulations.

(2) It is unlawful to fail, neglect, or refuse to obey the directions of such officers regarding the use of department lands.

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NEW SECTION
WAC 232-13-120   Erecting structures on department lands.   (1)(a) It is unlawful to erect, establish, use, or occupy a permanent or temporary structure on department lands without a permit from the director.

(b) This provision does not apply to portable hunting blinds or tents or other temporary structures established as part of a camp. Such tents or temporary structures must be entirely removed by camp occupants at the end of the trip or season. A structure may in no case remain for more than twenty-one days within a thirty-day period, unless otherwise posted.

(c) This provision does not apply to certain hunting blinds. Hunting blinds are defined for purposes of this section as temporary structures made entirely of natural materials and that do not use metal, concrete, furniture, wire, rope, twine, plastic, or lumber in their construction. Floating blinds for waterfowl hunting may be used and left on department lands for the waterfowl-hunting season.

(d) Unauthorized or unlawful permanent or temporary structures or hunting blinds may be declared to be public nuisances and may be removed by the department without notice or process.

(2)(a) It is unlawful to dig, use, or occupy a pit-type hunting blind on department lands except when such pit-type hunting blinds are established by the department or are authorized by a permit from the director.

(b) It is unlawful to assert or attempt to assert a claim of exclusive occupancy on department lands unless such claim is supported or authorized by a permit from the director.

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NEW SECTION
WAC 232-13-130   Firearms and target practicing.   (1)(a) It is unlawful to discharge tracer or incendiary ammunition on department lands.

(b) It is unlawful to discharge firearms in those portions of department lands where or when such discharge is prohibited by posted notice or from or within five hundred feet of a designated campground.

(c) It is unlawful to fail to remove expended shell casings, ammunition packaging, or other related target debris, excluding clay pigeons, when target practicing on department lands at the conclusion of the target practice session and prior to departure from the area. Failure to remove any debris constitutes littering.

(d) The use of glass, signs, appliances, mattresses, TVs, furniture, and exploding items as targets in target practicing is prohibited.

(2) The department may designate locations and times for target practicing.

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NEW SECTION
WAC 232-13-140   Fireworks.   It is unlawful to discharge or possess fireworks, model rockets, or other devices containing any explosive or flammable compounds on department lands. This does not apply to gasoline or diesel powered equipment, cooking stoves or grills, lanterns, lighters, or heaters.

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NEW SECTION
WAC 232-13-150   Regulating public access.   (1) The director may close or restrict access to department lands by an emergency or other permanent regulation on a seasonal, emergent, or permanent basis to protect human safety, vulnerable fish and wildlife resources or habitats, and department or other infrastructures from damage or abuse.

(2) The director may control public access on department lands to increase wildlife use, improve hunter success, and manage wildlife viewing opportunities. Public access may be controlled by limiting the number of users in the areas and/or limiting the days of the week or hours of the day that the public can access the areas during the hunting season.

(3) It is unlawful to enter or remain on department lands or portions thereof when such restrictions are in place or are established by posted notice. This does not apply during the administration of a valid department grazing permit or agricultural lease by the permittee or lessee.

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NEW SECTION
WAC 232-13-160   Livestock.   (1) It is unlawful for any person to allow livestock to be unattended or to graze or utilize department lands without a permit from the director.

(2) In addition to other penalties provided by law, any such person shall be liable to the department for a compensatory fee of two dollars per head of livestock per day.

(3) It is unlawful to fail to pay the compensatory fees assessed by the department pursuant to this section.

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NEW SECTION
WAC 232-13-170   Parking.   (1)(a) It is unlawful to park or leave a vehicle unattended for more than twenty-one days on department lands without a permit from the director.

(b) It is unlawful to leave a motor vehicle or trailer parked or standing on department lands when the vehicle is blocking access to a boat ramp, roadway, gate, or driveway or otherwise prevents egress or ingress to a department facility.

(c) Vehicles unlawfully parked or abandoned on department lands may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer.

(2) Vehicles, vessels, motor homes, and trailers parked or abandoned for more than twenty-one consecutive days within a thirty-day period on department lands are declared to be public nuisances and may be impounded by a fish and wildlife officer or ex officio fish and wildlife officer without notice or process.

(3) It is unlawful to moor a houseboat, other floating occupancy structure, or dock on department lands without a permit from the director. Such unauthorized or unlawful boats, houseboats or other floating structures are declared to be public nuisances and may be removed by the department without notice or process.

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NEW SECTION
WAC 232-13-180   Pets.   (1) The department may prohibit or regulate pets, except for bona fide service animals for persons with disabilities, on department lands.

(2) It is unlawful for any person to leave pets unattended on department lands.

(3)(a) It is unlawful to cause or allow a dog to roam unleashed on department-owned lands from April 1 through July 31, except in designated areas.

(b) It is unlawful to cause or allow a dog to roam unleashed on designated access sites or within five hundred feet of a designated campground on department lands.

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NEW SECTION
WAC 232-13-190   Resource removal.   (1) Except for down dead wood collected for camping on department lands, it is unlawful to remove timber, wood, soils, minerals, fossils, plants, plant seeds or other property or artifacts from department lands without a permit from the director. This does not apply to mushrooms, fruits, or berries collected in quantities not to exceed one gallon per person for personal consumption.

(2) Unlawful removals constitute theft under chapter 9A.56 RCW.

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NEW SECTION
WAC 232-13-200   Vehicle use.   Except for permitted use by persons with disabilities, or for persons holding valid grazing permits or agricultural leases on department lands, it is unlawful to possess or operate any motorized vehicle, including snowmobiles, on or across department lands, except on roads, unless posted otherwise.

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NEW SECTION
WAC 232-13-210   Penalties.   Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, pursuant to RCW 77.15.020.

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Washington State Code Reviser's Office