HOUSE BILL 2302
_____________________________________________
State of Washington 58th Legislature 2004 Regular Session
By Representatives O'Brien, Upthegrove, McCoy, Darneille, Lovick,
Schual-Berke, Chase, McDermott, Kagi and Hudgins
Prefiled 12/23/2003. Read first time 01/12/2004. Referred to
Committee on Fisheries, Ecology & Parks.
AN ACT Relating to vehicular traffic on beaches; amending RCW 79A.05.650
and 79A.05.655; repealing RCW 79A.05.693; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79A.05.650 and 2000 c 11 s 54 are each amended to read as
follows:
(({- (1) -})) Except as provided in RCW 79A.05.655 and 79A.05.660, (({- a
total of forty percent of the length of the beach subject to the recreation
management plan shall be -})) {+ all ocean beaches are +} reserved for
pedestrian use (({- under this section and RCW 79A.05.665. Restrictions on
motorized traffic under this section shall be from April 15th to the day
following Labor day of each year. Local jurisdictions may adopt provisions
within recreation management plans that exceed the requirements of this section.
The commission shall not require that a plan designate for pedestrian use more
than forty percent of the land subject to the plan.
(2) In designating areas to be reserved for pedestrian use, the plan shall
consider the following:
(a) Public safety;
(b) Statewide interest in recreational use of the ocean beaches;
(c) Protection of shorebird and marine mammal habitats;
(d) Preservation of native beach vegetation;
(e) Protection of sand dune topography;
(f) Prudent management of clam beds;
(g) Economic impacts to the local community; and
(h) Public access and parking availability -})) {+ and vehicular traffic
is prohibited +}.
Sec. 2. RCW 79A.05.655 and 2000 c 11 s 55 are each amended to read as
follows:
Notwithstanding RCW 79A.05.650(({- (1) -})), recreation management plans
may make provision for vehicular traffic on areas otherwise reserved for
pedestrian use in order to:
(1) (({- Facilitate clam digging;
(2) Accommodate organized recreational events of not more than seven
consecutive days duration;
(3) -})) Provide for removal of wood debris under RCW 4.24.210 and
79A.05.035(5); and
(({- (4) -})) {+ (2) +} Accommodate removal of sand located upland from the
Seashore Conservation Area or removal of sand within the Seashore Conservation
Area under the terms of a covenant, easement, or deed.
{+ NEW SECTION. +} Sec. 3. RCW 79A.05.693 (Ocean beaches in Seashore
Conservation Area declared public highways) and 2000 c 11 s 58 & 1988 c 75 s 14
are each repealed.
{+ NEW SECTION. +} Sec. 4. This act takes effect July 1, 2004.
O'Brien - 1 - Bothell/Maltby/MontlakeTerrace
Upthegrove - 33 - SeaTac/DesMoines/Kent
McCoy - 38 - Marysville/Everett
Darnielle - 27 - Tacoma/Fife
Lovick - 44 - Lake Stevens/Snohomish/MillCreek
Schual-Berke - 33 - SeaTac/Kent
Chase - 32 - Edmonds/Kenmore
McDermott - 34 - Weast Seattle/Burien/Vashon
Kagi - 32 - Edmonds/Kenmore
Hudgins - 11 - Tukwila/Renton
Everyone likes to make Seattle an easy target, which it usually is, but this article is off the mark. Notice that reps actually from Seattle, dist 43 & 46, are not listed while Tacoma's own Rep Jeannie Darneille is a sponsor. This is just more kneejerk crap from domesticated suburbia. Anyway, I think the laws on the books are appropriate. HR 2302 won't make it out of committee and is just filler for their enviro mailers come election time. One hopes. Update: Uhoh, I just noticed that Obrian is on the
Fisheries, Ecology, and Parks committee.