Washington State Register, Issue 08-20 WSR 08-20-003 WSR 08-20-003 A cost-benefit analysis is not required under RCW PROPOSED RULES 34.05.328. Significant legislative rule-making requirements PARKS AND RECREATION are not imposed on the state parks and recreation commis- COMMISSION sion, nor has the commission voluntarily applied those [Filed September 17, 2008, 4:02 p.m.] requirements. September 17, 2008 Original Notice. Jim French Preproposal statement of inquiry was filed as WSR 08- 16-026. Chief of Policy Research Title of Rule and Other Identifying Information: Chap- and Program Development ter 352-70 WAC, The state boating accident reporting pro- gram. Sets parameters for reporting accidents involving rec- AMENDATORY SECTION (Amending WSR 01-02-021, reational boats. filed 12/21/00, effective 1/21/01) Hearing Location(s): C-Tran Building, 3510 S.E. 164th Avenue, Vancouver, WA 98583, (360) 695-0123, on Novem- WAC 352-70-020 What words and phrases are used ber 13, 2008, at 9:00 a.m. in the state boating accident reporting program? Unless Date of Intended Adoption: November 13, 2008. the context clearly indicates otherwise, the definitions in this Submit Written Comments to: James Horan, Washing- section apply throughout this chapter. ton State Parks, P.O. Box 42650, Olympia, WA 98504-2650, (1) "Commission" means the Washington state parks and phone (360) 586-6600, fax (360) 586-6603, e-mail James. recreation commission. [email protected], by October 23, 2008. (2) "Operator" means an individual who steers, directs, Assistance for Persons with Disabilities: Contact Pauli or otherwise has control of a vessel that is underway or exer- Sayres by October 30, 2008, TTY (360) 664-3133 or (360) cises actual authority to control the person at the helm. 902-8505. (3) "Owner" means a person who has a lawful right to Purpose of the Proposal and Its Anticipated Effects, possession of a vessel by purchase, exchange, gift, lease, Including Any Changes in Existing Rules: Technical updat- inheritance, or legal action whether or not the vessel is sub- ing is needed to bring the rules into compliance with federal ject to a security interest. boating accident reporting requirements. Will require the (4) "Use" means operate, navigate, or employ. current accident dollar threshold of $500.00 to increase to (5) "Vessel" means every watercraft used or capable of $2,000.00. being used as a means of transportation on the water for rec- Reasons Supporting Proposal: These amendments will reational use, other than a seaplane. However, it does not bring state regulation up to federal boating accident and casu- include inner tubes, air mattresses, and small rafts or flotation alty reporting standards. devices or toys customarily used by swimmers. Statutory Authority for Adoption: Chapter 79A.05 (6) "Waters of Washington state" means any waters RCW, Parks and recreation commission, including RCW within the territorial limits of Washington state. 79A.05.030 and 79A.05.070 and chapter 79A.60 RCW, Reg- ulation of recreational vessels. AMENDATORY SECTION (Amending WSR 01-02-021, Statute Being Implemented: Chapter 79A.60 RCW, filed 12/21/00, effective 1/21/01) Regulation of recreational vessels. Rule is necessary because of federal law, [no further WAC 352-70-030 Which vessels are subject to the information supplied by agency.] state boating accident reporting program? (1) The Agency Comments or Recommendations, if any, as to requirements for reporting boating accidents apply to each Statutory Language, Implementation, Enforcement, and Fis- vessel used on the waters of Washington state that: cal Matters: Requests have been made by county and city (a) Is used by its operator for recreational purposes; or law enforcement agencies to raise state minimum reporting (b) Is required to register in accordance with chapter level to be the same as the federal amount. 88.02 RCW. Name of Proponent: Washington state parks, govern- (2) This chapter does not apply to each vessel ((required mental. to have a certificate of)) subject to inspection ((in accordance Name of Agency Personnel Responsible for Drafting with chapter I, Title 46, Code of Federal Regulations)) under and Implementation: James Horan, 7150 Cleanwater Drive, U.S. Code Title 46 Chapter 33 INSPECTION GENERALLY. P.O. Box 42650, Olympia, WA 98504-2650, (360) 586- 6600; and Enforcement: Mark Kenny, 7150 Cleanwater AMENDATORY SECTION (Amending WSR 01-02-021, Drive, P.O. Box 42650, Olympia, WA 98504-2650, (360) filed 12/21/00, effective 1/21/01) 586-6593. No small business economic impact statement has been WAC 352-70-035 Who is required to submit a boat- prepared under chapter 19.85 RCW. These chapters of ing accident report and under what conditions? (1) The administrative rule do not regulate or have economic impact operator of the vessel must submit a boating accident report through regulations on small business. There are no compli- when the vessel or its equipment is involved in an occurrence ance costs to small business as a result of the modifications to that results in any of the conditions found in subsection (3) of these rules. this section. [ 1 ] Proposed WSR 08-20-003 Washington State Register, Issue 08-20 (2) When the operator of the vessel cannot submit the training of the operator of the vessel ((of the person)) making boating accident report required by this section, the owner the report. shall submit the report, and, if the owner cannot submit the (9) The name and address of each operator of each other report, the law enforcement agency that has jurisdiction vessel involved. where the accident occurred shall submit the report on behalf (10) The number of persons on board and towed on skis of the owner. by each vessel. (3) A boating accident report is required to be submitted (11) The name, address, and date of birth of each person as specified in subsections (1) and (2) of this section when- who was injured ((or killed)), died, or disappeared. ever any of the following conditions involving a vessel or its (12) The cause of each death. equipment has occurred: (13) Weather forecasts available to, and weather reports (a) A person dies; used by, the operator before and during the use of the vessel. (b) A person is injured and requires medical treatment (14) The name and address of each owner of property beyond first aid; involved. (c) ((A vessel, or)) Damage to vessels and other property (15) The number, availability, and use of personal flota- ((sustain damage totaling)) totals two thousand dollars or tion devices. more ((than five hundred dollars)); (16) The type and amount of each fire extinguisher used. (d) A vessel is a complete loss; or (e) A person disappears from the vessel under circum- (17) The nature and extent of each injury. stances that indicate death or injury. (18) A description of all property damage and vessel damage with an estimate of the cost of all repairs. AMENDATORY SECTION (Amending WSR 01-02-021, (19) A description of each equipment failure that caused filed 12/21/00, effective 1/21/01) or contributed to the cause of the accident. WAC 352-70-040 How does the operator of a vessel (20) A description of the vessel accident. report a boating accident? The operator of a vessel (21) The type of vessel operation (cruising, drifting, fish- involved in a boating accident or the owner of the vessel ing, hunting, skiing, racing, or other) and the type of accident reporting for the operator must complete and submit a written (capsizing, sinking, fire, explosion, or other). boating accident report to the law enforcement agency that (22) The opinion of the person making the report as to has jurisdiction where the accident occurred within the spec- the cause of the accident including whether or not alcohol or ified times listed here: drugs, or both, was a cause or contributed to causing the acci- (1) Within forty-eight hours of the occurrence if a person dent. dies within twenty-four hours of the accident; (23) The make, model, type (open, cabin, house, or (2) Within forty-eight hours of the occurrence if a person other), beam width at widest point, length, depth from tran- is injured and requires medical treatment beyond first aid, or som to keel, horse power, propulsion (outboard, inboard, disappears from a vessel; and inboard outdrive, sail, or other), fuel (gas, diesel, or other), (3) Within ten days of the occurrence or death for all construction (wood, steel, aluminum, plastic, fiberglass, or other boating accident reports. other), and year built (model year) of the vessel of the person (4) All reports must be submitted on the state boating making the report. accident report form published by the commission as defined (24) The name, address, and telephone number of each in WAC 352-70-050. witness. (25) The manufacturer's hull identification number, if AMENDATORY SECTION (Amending WSR 01-02-021, any, of the vessel of the person making the report. filed 12/21/00, effective 1/21/01) (26) The name, address, and telephone number of the WAC 352-70-050 What information must be pro- person submitting the report. vided on the state boating accident report form? The state AMENDATORY SECTION (Amending WSR 01-02-021, boating accident report form published by the commission filed 12/21/00, effective 1/21/01) must be completed in writing, signed and dated by the person completing it and must contain the following information WAC 352-70-060 How is a boating accident report about the boating accident: submitted to the commission? The law enforcement agency (1) The registration numbers or names as documented of that has jurisdiction where a boating accident occurs must each vessel involved.