WSR 16-08-020
[Filed March 29, 2016, 10:00 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-01-011.
Title of Rule and Other Identifying Information: WAC 352-37-020 Definitions, revised to reflect the hours camping is erected between 11 p.m. and 6 a.m.
Hearing Location(s): Best Western (lodging and meeting), 3000 West Marina Drive, Moses Lake, WA 98837, on May 19, 2016, at 8:00 a.m.
Date of Intended Adoption: June 24, 2016.
Submit Written Comments to: Diana Dupuis, 1111 Israel Road S.W., Olympia, WA 98504-2650, e-mail, fax (360) 536-0355, by May 12, 2016.
Assistance for Persons with Disabilities: Contact Becki Ellison, executive assistant, by May 6, 2016, at (360) 902-8502, TTY (877) 833-6341.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify the time erecting tents, shelter and/or arranging bedding in state parks. The purpose is to clarify the definition of camping to assist park staff and visitors to better understand when people are not in compliance with the rule. The anticipated effect is better compliance with the camping rules in chapter 352-37 WAC.
Reasons Supporting Proposal: We support this proposal because it makes it easier for our staff to explain illegal camping to the general public. By specifying times when an activity is specifically not allowed, the public more easily understands the rule and it will result in better compliance with rules.
Because the definition is currently ambiguous, there are many people who are violating the rule without fully understanding the rule. This clarification solves this issue.
Statutory Authority for Adoption: Chapter 79A.05 RCW.
Statute Being Implemented: Not applicable.
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: Diana Dupuis, Operations Manager, 1111 Israel Road S.W., Olympia, WA 98504-2640, (360) 902-8847; Implementation: Park rangers, statewide; and Enforcement: Robert Ingram, 1111 Israel Road S.W., Olympia, WA 98504-2640, (360) 902-8615.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No fiscal impact on the visitors or businesses within the community.
A cost-benefit analysis is not required under RCW 34.05.328. No fiscal impact.
March 22, 2016
Valeria Evans
Management Analyst
AMENDATORY SECTION (Amending WSR 11-19-015, filed 9/8/11, effective 10/9/11)
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:
"Aggregate" shall mean a mixture of minerals separable by mechanical or physical means.
"Aircraft" shall mean any machine designed to travel through the air, whether heavier or lighter than air; airplane, dirigible, balloon, helicopter, etc. The term aircraft shall not include paraglider or remote controlled aircraft.
"Campfires" shall mean any open flame from a wood source.
"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, between the hours of 11:00 p.m. and 6:00 a.m.; or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.
"Commission" shall mean the Washington state parks and recreation commission.
"Concentrate" shall mean the valuable mineral content separated from aggregate.
"Concentrator" shall mean a device used to physically or mechanically separate the valuable mineral content from aggregate.
"Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.
"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.
"Dry sand area" shall mean that area lying above and to the landward side of the hard sand area as defined in this section.
"Excavation site" shall mean the pit, furrow, or hole from which aggregate is removed to process and recover minerals or into which wastewater is discharged to settle out sediments.
"Fire" shall mean any open flame from any source or device including, but not limited to, campfires, stoves, candles, torches, barbeques and charcoal.
"Ganged equipment" shall mean two or more pieces of mineral prospecting equipment coupled together to increase efficiency. An example is adding a second sluice to a high-banker.
"Geocache" means geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called geocachers) use a Global Positioning System receiver or other navigational techniques to hide and seek containers (called "geocaches" or "caches").
"Hand-held mineral prospecting tools" shall mean tools that are held by hand and are not powered by internal combustion, hydraulic, or pneumatics. Examples include metal detectors, shovels, picks, trowels, hammers, pry bars, hand-operated winches, and battery-operated pumps specific to prospecting; and vac-pacs.
"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.
"High-banker" shall mean a stationary concentrator that can be operated outside the wetted perimeter of the body of water from which the water is removed, using water supplied by hand or by pumping. A high-banker consists of a sluice box, hopper, and water supply. Aggregate is supplied to the high-banker by means other than suction dredging. This definition excludes rocker boxes.
"Hovercraft" shall mean a powered vehicle supported by a cushion of air capable of transporting persons.
"Intimidate" means to engage in conduct which would make a reasonable person fearful.
"Long Beach Peninsula" shall mean that area of the ocean beaches as defined in this section lying between Cape Disappointment on the south and Leadbetter Point on the north.
"Mineral prospecting equipment" shall mean any natural or manufactured device, implement, or animal (other than the human body) that can be used in any aspect of prospecting for or recovering minerals.
"Motor vehicle" shall mean every vehicle that is self-propelled. For the purposes of this chapter, a motor vehicle must be approved for highway use in accordance with Title 46 RCW.
"North Beach" shall mean that area of the ocean beaches as defined in this section lying between Damon Point on the south and Cape Flattery on the north.
"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to WAC 352-32-165 shall not constitute obstruction of pedestrian or vehicular traffic.
"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 commission and the line of extreme low tide, as these lines now are or may hereafter be located, or as defined in RCW 79A.05.605, provided, that the ocean beaches shall not include any lands within the established boundaries of any Indian reservation.
"Pan" shall mean an open metal or plastic dish that can be operated by hand to separate gold or other minerals from aggregate by washing the aggregate.
"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.
"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
"Placer" shall mean a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals.
"Power sluice" shall mean high-banker.
"Power sluice/suction dredge combination" shall mean a machine that can be used as a power sluice, or with minor modifications as a suction dredge.
"Prospecting" shall mean the exploration for minerals and mineral deposits.
"Riffle" shall mean the bottom of a concentrator containing a series of interstices or grooves to catch and retain a mineral such as gold.
"Rocker box" shall mean a nonmotorized concentrator consisting of a hopper attached to a cradle and a sluice box that can be operated with a rocking motion.
"Seashore conservation area" shall mean all lands now or hereafter under state ownership or control as defined in RCW 79A.05.605.
"Sluice" shall mean a trough equipped with riffles across its bottom which can be used to recover gold and other minerals with the use of flowing water.
"South Beach" shall mean that area of the ocean beaches as defined in this section lying between Toke Point on the south and the south jetty on Point Chehalis on the north.
"Spiral wheel" shall mean a hand-operated or battery-powered rotating pan that is used to recover gold and minerals with the use of water.
"Suction dredge" shall mean a machine that is used to move submerged aggregate via hydraulic suction. Aggregate is processed through an attached sluice box for the recovery of gold and other minerals.
"Wetted perimeter" shall mean the areas of a watercourse covered with flowing or nonflowing water.
"Wind/sand sailer" shall mean a wheeled, wind-driven recreational conveyance.