WSR 15-05-089 PROPOSED RULES PARKS AND RECREATION COMMISSION [Filed February 18, 2015, 11:56 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-19-108.
Title of Rule and Other Identifying Information: Revision of chapter 352-37 WAC, Ocean beaches, to allow for the use of wind/sand sailers subject to certain conditions and restrictions.
Hearing Location(s): Washington State Parks and Recreation Commission Meeting, Better Business Bureau Office, 1000 Station Drive, Suite 222, Dupont, WA 98327, on March 26, 2015, between 9:00 a.m. and 5:00 p.m.
Date of Intended Adoption: March 26, 2015.
Submit Written Comments to: Washington State Parks and Recreation Commission, Randy Kline, Park Planner, P.O. Box 42650, Olympia, WA 98504-2650, e-mail randy.kline@parks.wa.gov, fax (360) 586-6647, by March 13, 2015.
Assistance for Persons with Disabilities: Contact Becki Ellison by March 13, 2015, TTY (800) 833-6388 or (360) 902-8502.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Pursuant to WAC 352-37-190 wind/sand sailers are prohibited on the ocean beaches within the seashore conservation area. This proposal would revise existing language to allow wind/sand sailers on the ocean beaches subject to certain conditions and restrictions. This revision to chapter 352-37 WAC will permit the use of wind/sand sailers including blo-karts, kite buggies and kite boards at Long Beach, South Beach and North Beach in Pacific and Grays Harbor counties.
Reasons Supporting Proposal: In 2010, 2011, 2012 and 2013 state parks conducted demonstration events allowing wind/sand sailer use on portions of the ocean beaches. These events occurred without significant conflicts or incidents.
Statutory Authority for Adoption: RCW 79A.05.610.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state parks and recreation commission, governmental.
Name of Agency Personnel Responsible for Drafting: Randy Kline, 1111 Israel Road S.W., Olympia, WA 98504-2650, (360) 902-8632; Implementation: Ryan Layton, 1111 Israel Road S.W., Olympia, WA 98504-2650, (360) 725-9761; and Enforcement: Robert Ingram, 1111 Israel Road S.W., Olympia, WA 98504-2650, (360) 902-8615.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Per RCW 19.85.030, it is not anticipated that the proposed rule revision will impose more than minor costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable for the parks and recreation commission pursuant to RCW 34.05.328 (5)(a)(i).
February 18, 2015
Valeria Evans
Management Analyst
NEW SECTION
WAC 352-37-085 Wind/sand sailer traffic.
(1) Wind/sand sailers will be allowed on the ocean beaches within the seashore conservation area only as authorized in this section:
(a) In areas specifically identified by the director;
(b) On the driveable portion of the ocean beaches;
(c) Subject to safety measures or other restrictions determined by the director;
(d) From sunrise to sunset only unless, otherwise restricted by the director;
(e) Not during recreational razor clam digging seasons;
(f) Wind/sand sailers shall yield the right of way to all pedestrian, equestrian or vehicular traffic and observe all regulations that restrict the operation of wind/sand sailers;
(g) A person shall not operate a wind/sand sailer in a reckless manner, including recklessly weaving through congested pedestrian, equestrian or vehicular traffic, operating unnecessarily close, or recklessly swerving at the last possible moment to avoid collision;
(h) Notwithstanding the speed limitation set forth in WAC 352-37-130, the director may authorize higher speeds for specific events.
(2) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.
NEW SECTION
WAC 352-37-086 Requirements to operate wind/sand sailers.
(1) No person shall operate or permit the operation of wind/sand sailers unless the person:
(a) Is at least sixteen years of age; or
(b) Is accompanied by and is under the supervision of a person sixteen years of age or older.
(2) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)
WAC 352-37-130 Speed limits.
(1) No person shall operate any motor vehicle or wind/sand sailer on or along any ocean beach at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, animal, vehicle or other conveyance on or entering the driveable beach in compliance with legal requirements in the duty of all persons to use due care.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the maximum speed limit for operation of motor vehicles or wind/sand sailers on the ocean beaches shall be twenty-five miles per hour.
(3) The driver of every motor vehicle or wind/sand sailer operating on the ocean beaches shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing a beach access road, when approaching one or more parked vehicles, when approaching or traveling past or in the vicinity of a pedestrian or group of pedestrians, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or beach conditions.
(4) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.
AMENDATORY SECTION (Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)
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 designated therefore or authorized by the director or designee as a special recreation event.
(2) ((Wind/sand sailers.
(3))) Parasails.
(((4))) (3) Hovercraft.
(((5))) (4) Powered parasail.
(((6))) (5) Ultra-light aircraft.
(((7))) (6) Powered hang gliders.
AMENDATORY SECTION (Amending WSR 13-17-037, filed 8/13/13, effective 9/13/13)
WAC 352-37-325 Seashore conservation area closures.
(1) The director or designee may, for a specified period or periods of time, close any portion of the seashore conservation area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources.
(2) Any violation of this section is an infraction under chapter 7.84 RCW.
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