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HomeMy WebLinkAbout060 96JEFFERSON COUNTY State of Washington ORDER: BUDGET EXTENSION BOATING SAFETY FUND } } } RESOLUTION NO. 60-.96 WHE~, the Jefferson County Board of Commissioners did on the 24th day of June, 1996, declare that an emergency existed to provide the listed amount from the balance of the Boating Safety Fund and to set a hearing on said emergency for the 15th day of July, 1996, at the hour of 11:45 a.m.; and WHERFAS, the time and place set for said heating has passed and no objection or objection interposed; now, therefore, IT IS HEREBY ORDERED, by the Board of County Commissioners, that due to there being sufficient funds in the unencumbered balance of this fund, that the County Auditor be, and she is hereby authorized to extend the budget of the following fund by the amount listed below and per the attached request. OTHER FUNDS: Boating Safety Program 22,000.00 APPROVED this C>q0/~day of '~~ , 1996. / - :,>". ar."., "~ % Ill ATFEST: Lorna L. Delaney, Clerk of the Board Glen Huntingford, · VOL J:, :,', ' ~EFFERSON OOUNTY OOURTHOUSE NATIONAL HISTORIG SITE PORT TOWNSEND, WASHINGTON Jefferson County Board of County Commissioners P.O. Box 1220 Port Townsend, Washington 98368 Phone (360) 385-9100 · 1-800-831-2678 · Fax (360) 385-9382 ROBERT H. HINTON, DISTRICT 1 GLEN HUNTINGFORD, DISTRICT 2 RICHARD E. WOJT, DISTRICT 3 MEMO To: From: Subject: Date: Board of Commissioners David Goldsmith, Deputy Director of Public Services Boater Safety Program July 18, 1996 After discussing the situation with SheriffPiccini, we concluded the best way to move forward with the Boater Safety Program is to develop a contract with the Jefferson County Reserve Officers Association to perform the service. This approach eliminates the conflict of paying volunteers, keeps us consistent with the Teamsters Contract and provides funding for the Association. In your motion approving of the budget extension, reference should be made to the effect that the funds approved are for contractual services not salaries and wages for Reserve Officers. This does not preclude eligible funds to repay the Department for salaries and wages utilized in developing this program, administrating and staffing the program with Department personnel. Recycled Paper PETER G. PlCClNI JEFFERSON COUNTY SHERIFF 81 Elkins Road · Port Hadlock, Washington 98339 ° (360) 385-3831 · 1-800-552-0750 TO: FROM: BOARD OF COUNTY COMMISSIONERS PETER G. PICCINI, SHERIFF DATE: JUNE 7, 1996 REQUEST FOR BUDGET EXTENSION Gentlemen: Please be advised that after a thorough examination of my current budget, it appears that the amount allocated to the Boating Safety Program is insufficient to pay necessary expenses of this department for the budget year 1996. I, therefore, request a budget extension in the amount of $22,000.00 for this current year for the following reason as outlined below: Fund No. & BARS Acct. No. Fund Name Amount 107-000-010 Boating Safety Program $22,000.00 Reason for Extension: Grant moneys received for expansion of the Boating Safety Program Sincerely, Sheriff KEN SUKERT UNDERSHERIFF DON WOODWARD CHIEF CIVIL DEPUTY CARLA SCHUCK SUPT. OF CORRECTIONS PETER G. PlCClNI JEFFERSON COUNTY SHERIFF 81 Elkins Road · Port Hadlock, Washington 98339 · (360) 385-3831 ° 1-800-552-0750 MEMORANDUM To: Fm: Date: Subj: Chair, Board of County Commissioners Pete Piccini, Sheriff June 4, 1996 Budget Extension to cover Boating Program Ref: (A) RCW 88.12.295 - Navigation and Harbor Improvements (B) WAC 352-65-040 Sec.(l) through (10) Boating Safety Operations /~7-~ (C) JCSO Revenue Line ~.~Boating Grants (D) JCSO Budget Line-Fund 107-000-010 521.90 Funding Sources: Jefferson County maintains a Safe Boating Program as outlined in Ref.(A) and is provided funding through a Boating Safety Program as outlined in Ref.(B). The Boating fund Ref.(C) has a balance of approximately $39,000.00 derived from boater registration fee's and enforcement fines. Ref.(D) has a balance of $1746.00 out of $3200.00. History: Tax monies are collected by the State of Washington derived from boating registrations fees within Jefferson County. These funds languished in the state coffers for approximately five years waiting for a viable boating safety program to materialize from this county. In 1995, a program was submitted by JCSO and it was approved for the year in an interim agreement. In order to continue to receive our monies and meet the state mandate, the JCSO had to submit a plan for 1996 showing a scheduled marine patrol that covered the peak boating season of May through September. This has been accomplished and our marine patrol has been carrying out it's boating safety and enforcement duties Cause and Effect: I have made the BOCC aware of personnel shortages brought about by the budget cut in 1995 of a patrol deputy and BOCC refusal to replace that officer in 1996. In order to meet the safe boating program and provide this vital service to~ 1 KEN SUKERT UNDERSHERIFF DON WOODWARD CHIEF CIVIL DEPUTY CARLA SCHUCK SUPT. OF CORRECTIONS Board of County Commissioners June 5, 1996 Page 2 the boating public of Jefferson County, I have used the Sheriff's Reserve Officers to man the marine patrol. This has proven to be effective, but has required a very ridged commitment from these officers resulting in their request for compensation for their patrol time. To this end, they have proposed a wage of $10.00 per hour for Boat Officer (formal CJTC training in boat handling by state parks) and $9.00 per hour for non-certified marine enforcement officer. I fully support their request and had included a proviso for officers to be paid in accordance with Ref(B) Sec. 10. (Limitations on use of funds) in the program application. (Copy attached). Request: (1). In order to pay these officers, it is requested that the BOCC authorize the use of JCSO Reserve Officers to man and further the activities of the marine patrol in a part time status. These officers are not to be considered as FTE'S of Jefferson County. (2). It is requested that a budget extension be granted to the Sheriff's budget from Revenue Line Ref(C) in the amount of $10,000.00 to cover wages and costs of maintaining the Boating Safety Program, and an additional $12,000.00 in anticipated costs for the purchase of a tow vehicle for the marine patrol boat. The appropriated funds are to be put into Expenditure line Ref(D). This transaction will have no effect on the General Fund as the funds allocated in Ref(C) are dedicated Boating Safety Program Funds. Since this appropriation comes from other then general fund monies, then it would stand to reason that this appropriation will not be deducted from funds authorized in the 1997 Sheriff's budget. 2 REFERENCE A. Request for Boating Safety Program Approval Submitted By: · ~'I~-'RIFF ' S DEP~ (Applicant) to Washington State Parks and Recreation Commission Contents This Request for Boating Safety Program Approval consists of this request form (including the Boating Safe.ty Program Description), plus any attachments, addenda, or amendments approved by the Director. Statement of Purpose RCW 88.12.295 States in Part: The waters of Washington State provide a unique and valuable recreational resource to large and growing numbers of boaters. Proper stewardship of, and respect for, these waters requires that while enjoying them for their scenic and recreational benefits, boaters must exercise care to assure that such activities do not contribute to the despoliation of these waters, and that watercraft be operated in a safe and responsible manner. There is a need to educate Washington's boating community about safe and responsible actions on our waters and to increase the level and visibility of the enforcement of boating laws. To address the incidence of fatalities and injuries do'to recreational boating on our state's waters, local efforts directed towards safe boating must be stimulated. To provide for safe waterways and public enjoyment, portions of the boat registration fee is available for boating safety purposes. RCW 88.02.040 States in Part: Eligibility for such fee allocation shall be contingent upon approval of the local boating safety program by the State Parks and Recreation Commission. Statement of Required Assurances Chapter 352-65 WAC requires that each county or local jurisdiction requesting approval of its boating safety program make the following assurances. The county or local jurisdiction will: (1) operate .the boating safety program throughout its scheduled season(s) in compliance with minimum program requirements now or hereafter specified in WAC 352-65-040; Page I ':(2) deposit allocated funds into an account dedicated solely for supporting the jurisdiction's boating safety program activities as specified in WAC 352-65- 040; (3) submit to 'State Parks a copy of any audit which discloses disallowed or questioned costs, and resolve to State Parks's satisfaction any findings pertaining thereto; (4) enforce boating safety equipment, vessel operation, noise leVel, and registratiOn laws as specified in Title 88 RCW, Navigation and Harbor Improvements, or as specified in local rules or ordin, ances; (5) (Counties only) equitably distribute state allocated funds to all eligible jurisdictions within seventy-five days of the allocation from the state treasurer, and notify State Parks of the amount distributed to each eligible jurisdiction; (6) (Local jurisdictions only) enter into a cooperative agreement with the county for distribution of available vessel registration funds; Applicant must advise State Parks in writing of any material change to its boating safety program, so that compliance with the above required assurances, includinq minimum program requirements, may be assessed. Certification By this signature, Applicant, through its authorized representative, certifies that it has read and understands the Statement of Required Assurances, and hereby makes the required assurances and agrees to be bound thereby. Applicant understands that failure to act consistent with one or more required assurances, or failure to advise State Parks of material changes to its boating safety program, may be cause for revocation of the Commission's approval of the Applicant's boating safety program. Signature of Authoriz.~RelJresentative for Date Governing CommissFon or Council ' Print or Type Nam~ Approval /~ .~. Director '/I Washington State Parks & Recreation Commission Date Page 2 · . Boa.t, ing Safety Program Staffing and Schedule ~N COUNTY SBERIFF Peter Piccini, Sheriff 2 ..................................................................... ::::::::::::::::::::::::::::::a: 2 I~tmty ]~Q Johnsm, Sz~ Officer Rmse_rve ~ ~ ~acer Boat Patrol COUNTY R 'llREA_TION ~CTMTIES ~ND AVAYIJ~IlI,ITY OF Patrol Season Beg/ns: Patrol Season Ends: Dec~mhe~ Page 3 REFERENCE B. ~B'riefly describe how the Boating Safety Program meets the following minimum requirements. 1.Boating Accident Reporting WAC 352-65-040(1) A. Each county or local jurisdiction must provide an assurance that all serious or fatal accidents will be thorough!¥ investigated to the maximum extent possible, and that copies of the investigative reports will be submitted to state parks in a timely manner as specified in RCW 88.12.175. The approved county or local jurisdiction must support the state-wide boating accident reporting system by: i. Providing recreational boaters with copies of the state required boating accident report (BAR) from and informing recreational boaters of their responsibility to submit the completed BAR in a timely fashion as specified in RCW 88.12.155; and ii. Submitting to state parks a completed boating accident report (BAR) form which includes all available information about the accident or casualty as specified in chapter 352-70 WAC. Describe the agency's boating accident investigation and accident reporting program. ~KItLFF/BOATTNG ~ OFFICER COMPTLI~q ,ALL PERT~ FAC~S SURR~ING ~~. ~ ~.~-~ ~N CO~ ~'S 0~I~ ~~/~~ ~~ O~A~R(S) ~ ~~ ~ P~ ~ (O~A~R) ~ ~R ~ ~I~. ALT.~ ~/~ ~ ~ ~ ~~ ~A~ P~ &~0N~ ~ ~~. Date (~]~Ortginal ~] Revision 2. Boater Assistance WAC 352-65-040 (2) The county or local jurisdiction Wiil~have the ability to respond or coordinate response to boating, emergencies which occur within its jurisdiction~ Such emergencies may include swift water response, open water rescue, ice rescue, vessel fire, overdue boater search, or other boating related emergencies or distress calls. Describe how the agency Will respond or coordinate response to boating emergencies, C00RDINATFS ~ UNITk~ STAT~ COAST GUARD GROUP SEAT~.F., DM]~I~G APPROPRIATe. ACTION, I.E. DISPA_TCHTNG CO~I~]~CIAL TOWII~. ACTION TO BE D~ BY JOINT COORDINATION OF U.S. COA coum . m,um OFF C ATn NTJH FIVE AJOINING COUNTT~:~). ~N COUN~ .~Pa~IFF~S OFFICE C00RDINAT~ APPROPRIATe. ACTION. I~/PE OF RESPONSE IS DET~21iNED BY A I~R~ OF FACTORS~ I.B.~ SITUATION~ NK&THER~ TFRRA~ ACCESS~ Date Original Revision Page 4 ~riefly describe how the Boating Safety Program meets the following minimum requirements. 3. Training WAC 352-65-040(3) The county or local jurisdiction will be responsible for acquiring the training for its assigned boating safety program personnel. The training will include basic boating safety officer training as provided by the United States Coast Guard, Washington State parks, or any county or local jurisdiction whose training program is approved by Washington State Parks. Such training must be acquired within one year of initiating a new boating safety program, and within one year for each newly assigned boating safety officer, Describe the agency's boating safety officer training program. List trained officers on page 3. ff approval of agency training course is desired, submit training course outline. 3. BASIC MARINE LAW ~ORC~ OFFIC~ COURSE. 4. U.S. ~OAST ~TARD BASIC SF~P 5. BAC CERTIFT~n. 6. cE m c oa. 7. FIK~ A'I'D. ~ 'rRATNII~ 1. WARflINGTON STAq~. PARKS MARINE ACCIDI~IT INVESTIGATOR'S SCHOOL 2. WARfrrNGII)N STATE, PARKS II~'TRIR'~OR COH~RR. :Agency Training CourSe Approved Date By Date I-I Revision 4. Rules and Regulations WAC 352-65-040(4) When the county or local jurisdiction adopts ordinances governing recreational boating, the ordinances must be as restrictive, but may be more restrictive than Washington State boating laws and regulations. Identify the boating laws, rules and ordinances which are enforced by the agency's boating safety officers, ff local boating ordinances are enforced, p/ease attach a current copy. ,State Laws/Rules SEE AITA~ COUNTY ORDINANCE Local Boating Ordinances Others Cor?~V~oLc~rr~nt 6oatf~l es attaefw.~. - C! yes I-I .~o Page 5 Date Original Revisioi srietty describe how the Boating Safety Program meets the following minimum requirements. .'5. Enforcement WAC 352-65-040(5) The county or local jurisdiction must provide: a. Boating safety officers with law enforcement commissions which empower such officers to enfdrce all boating laws and regulations; b. A patrol schedule which insures the waterways are patrolled during peak recreational periods; c. Response to on-water complaints, accidents, or emergencies; d. The necessary boating safety patrol equipment, including vessel(s) capable of serving the minimum requirements of this section. The patrol vessel must be properly marked and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC. Describe the agency's policies and procedures for boating safety law enforcement. Provide current data on boating safety officers, commissions and training, and patrol schedule (page 3) and itemize available patrol equipment. a. ALI, BOATING SAFE'I"Z OFFICERS COI~[~IISSIONED. B~ RHERIFF. ALL BOAT~ S~ OFFICER ~ C~SSIOI~ Ill'Itt ~ ARRF~ ~. b. (SEE PAGE 3) c. DISPA.IYIfl~R D~'TFP, MINES SEVERITY OF O3MPIAINT, I.E., DISABI.k~ BOAT, SAFETY OFFICER, ~ "GRANT~" PATROL VESSEL A.T.C. VIOLATOR(S) TO TAKE APPROPRIATe. ACTION. Date ~'Original [~ Revision Page 6 .Briefly describe how the Boating Safety Program meets the following minimum requirements. 6. Boating Education WAC 352-65-040(6J The county or local jurisdiction must have a boating education and information program, satisfactory to State Parks. a. A satisfactory boating education program may include any of the following: Presentations in primary and secondary schools, to boating organizations, to youth groups or a course of.instruction to the boating public using lessons and materials from State Parks education curriculum, or other state or nationally recognized curriculum approved by State Parks. b. The county or local jurisdiction boating education and information program must: i. Have an officer trained by State Parks as a boating education instructor; ii. Have a designated officer to coordinate the activities of State Parks trained volunteer boating education instructors and to act as liaison to boating education organizations; and iii. Distribute boating safety information and materials, including materials provided by State Parks, to boating and outdoor recreation organizations, the boating public, public agencies and the local media. Describe the agency's boating education and public information program and provide specific examples of activities the agency conducts. List certified Boating Education Instructors and Of Ecer designated to coordinate volunteer instructors, (page 3). A. ASSIS~ U.S. COAS~ ~ i~DTD,~6 MI~'~ION OF WASHING'II)N STAT~, LM~IS/COUNTY ORDINANCE ~ BOA_TING, I.E. ~SIC ~P COURSE. B. DEVELOP SAFE BOATTN~ INSTRUETION FOR ScHDOL DISTRICT IN: 2. CHIMACDM 3. C~IIA~ 4.~ C. POSTII~ WA.~DNCII)N STA~. PARKS AND P.M~RFATION ~/PAMPHI,E~S AT Page 7 IDaf. e · I~'Orig;nal ~ Revisior '.Briefly describe how the Boating Safety Program meets the following minimum requirements. · 7. Waterway Marking WAC 352-65-040(7) The county or local jurisdiction will use only those waterway markers which conform to the Uniform State Waterway Marking System found in CHAPTER 352-66 WAC. Describe the agency waterway marking program. USCG FLOTTLT.a.q 41 & 47 MAINTAIN WAT~WAY MARKINI~ ON ALL TTDAL WATER IN EAST ~N COUNTY CAPE G~0RGE COLONY, BECKEIT POINT, DISCOVERY BAY LODGE, GARDINER COUNTY PARK ~'Origlnal ~ RevisJoi 8. Boating safety inspections WA C 352-65-040(8) The county or local jurisdiction will complete written boating safety inspections during enforcement and informational contacts when considered safe and appropriate to document boater compliance with state boating laws. State Parks will provide boating safety inspection forms. A copy of the completed inspection will be submitted to State parks for statistical purposes. Describe agency boating safety inspection Program. WHTL~. ON PATROL DUTTI~, FOLLOW WA~ STATR LAWS FOR P~~ SAFEi'Y M~UI~. l.~'l'r.TZm BOA~:LA_NG SAFE~ INSP~CTION FOP, MS. Date Original Revision Page 8 '~.riefly describe how the Boating Safety Program meets the following minimum requirements. 9. Reports WA C 352-65-040(9) The county or local jurisdiction agrees to submit an annual report of activities performed through the boating safety program and to submit an annual report of all program expenditures. The county or local jurisdiction agrees to participate in state-wide boating surveys coordinated by State parks. Forms will be provided by State Parks. Describe the agency's method of recording activities. Include examples of report forms, daily logs, etc. ASSIGNMENT OF ~ ~ ~ TO COMPLAINTS/ACCID]~rf REPORTS 1. BOATING SAFETY OFFICER COMPLETKq JCSO CRIMINAL (X)MPIAII~ FORM. 2. LOG ACTIVITY JCSO DAILY ACTIVITY REPORT. 3. LOG SAR'S DEP~ OF I~IER~ MANA~T SAR MISSION RI4EET. '4. FOR ACCIDENT INVESTIGATIONS, USE WASHINGTON STATR PARKS AND ~ON INVESTIGATION FORM. Date Ortgir~l Revision 10. Limitations on use of funds WAC 352-65-040(10) These funds are intended to increase education 'and enforcement efforts and to stimulate greater local participation in boating safety and are not to supplant existing local funds used for boating safety programs. The county or local jurisdiction agrees to deposit boat registration fees allocated by the state treasurer under RCW 88.02.040, into an account dedicated solely for boating safety purposes which include all activities or expenditures identified in this section. Describe agency's use of the a/located vessel registration funds. Identify boating safety account by agency code. 1. ~KK/ATION OF ~ PUBLIC IN SAFE BOATING PRACTICF~. 2. VISUAL PRESENL~ ON WATER AND BOAT RAMP OF DEFdTY Sf~IFF RI~GI~ON AND BQUIPMMqT. 3. PATROL BOAT MAINTI~NANCE. $. EDUCATION OF BOATING SAFETY OFFICERS. Decimated Account I.D. Number Date Page 9 IC~/original Revision CLEVE PINNIX Director WASHINGTON STATE 7150 Cleanwater Lane · STATE OF WASHINGTON PARKS P.O. Box 42650 · AND RECREATION COMMISSION Olympia, Washington 98504-2650 · (360) 902-8500 August 18, 1995 SheriffPete Piccini Jefferson County Sheriffs Office 81 Elkins Road Port Hadlock, WA 98339 Dear SheriffPiccini: State Parks staff'has completed the review of your agency's Boating Safety Program description. I am most pleased to inform you that Director, Cleve Pinnix, has approved your program and your county will receive its share of vessel registration fees for Boating Safety Program support. A copy of your agency's program approval is included for your records. The enclosed table, prepared by the State Treasurer's Office, depicts the results 0fthe 1995 distribution of vessel registration fees. The "Total Remitted" colum shows the amount to be distributed per county, including the distribution of fees fi.om counties without approved programs and previously withheld fees. The distribution of funds fi'om the State Treasurer's office occurred on August 18, 1995. On behalf of the Washington State Parks and Recreation Commission and the boaters of our state, I commend you for your efforts to protect the boating public. Your dedication to operating a Boating Safety Program helps ensure the safety of the many boaters who enjoy Washington's excellent waterways. Sincerely, Enclosures 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 ~ o oo ~ ~ oo ~o 0 O0 O0 ~ ~ 00 0 ~0 0 0 0 O0 0 0 0 O0 000 0 0 0 00 ~ 0 ~ 0 00 ~ 0 0 0 0 O0 0 0 0 0 O0 000 0 ~ 0 0 O0 0 0 0 0 ~Z z ~ o 888 o o 888 o 888© 0000 0 0 ~ 0 0 ~ 000 ~ 0 0~ 000 z 888808808888888888 0000~0~00000000000 000 000 ddd d 000 0 0 00 00 00 oo 8 dd o 0 o 0 00~0 0~0 00 0 do ~ ~o 8 ~0 ~ 0 omo~o o~o~o 8888888 8888888 888888a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 8 0 0 0 0 0 C~ 0 0 ~N 00 P~ 00 0 0 0 0 0 0 0 0 0 0 0 0 (J 88 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 0 0 0 d o 0 0 ~ Z~ Z -- 0 ~ ~o~, ~ O0~ 88§88 88o 88 Z n- O Z Z 0 1111 ll.I "... ! I ...........I 10~ Limitations on use of funds WA C 352-65-040(10) These funds are intended to increase education 'and enforcement efforts and to stimulate greater local participation in boating safety and are not to supplant existing local funds used for boating safety programs. The county or local jurisdiction agrees to deposit boat registration fees allocated by the state treasurer under RCW 88.02.040, into an account dedicated solely for boating safety purposes which include all activities or expenditures identified in this section. Describe agency's use of the al/ocated vessel registration funds. Identify boating safety account by agency code. 1. EDUCATrON OF BOA.ZI]gG P[JBLIC ~ SAFE BOAZI]gG PRAC~CES. 2. VISUAL PP, F~ ON ~TFR. AND BOA..~ Dedicated Account I.D. Nurnbe~ Date,--~[-4/nriginal [~ Revision Page 9 David Skeen JEFFERSON COUNTY PROSECUTING ATTORNEY Courthouse - P.O. Box 1220 Port Townsend, Washington 98368 Telephone (360) 385-9180 FAX (360) 385-00'73 Paul McIlrath, Chief Deputy Prosecutor Richard Suryan, Chief Criminal Deputy Prosecutor Wal. t. er H. Per~, Deputy Prosecutor TO: FROM: DATE: MEMORANDUM Ken Sukert, Chief Deputy Sheriff ..-"""~. Paul E. McIlrath, Chief Deputy Prosecuting Attorney~ June 7, 1996 RE: County Authority to Regulate Marine Boating Laws You recently asked our office for an opinion regarding the county's authority to enforce boating regulations under the county boating ordinance, Ordinance 5-90 (codified as JCC 8.40 et seq). The state also regulates boating activities, and its regulations are codified at RCW 88.12 et seq. The state regulations were amended by the state legislature in 1993, and these amendments have significantly altered the county's authority to regulate boating activities within the county's borders. Moreover, the state regulations provide for the regulation of boat speed on "waters of the state''z, by defining the crime of "negligent operation of a boat" to mean operating a vessel "...in disregard of careful and prudent rates of speed..." RCW 88.12.020. Your department is authorized to enforce the state regulations. RCW 88.12.055(1). Finally, a new section to the state regulations, RCW 88.12.055(2), gives primacy to any federal laws and regulations which are inconsistent with corresponding state regulations. You have stated that the county sheriff's office, as part of its "Marine Patrol", is routinely stopping and citing boaters on Puget Sound who violate provisions of the county's ordinance. It is my understanding that the marine waters around Jefferson z "Waters of the state" are defined at RCW 88.12.010(23) to include "...any waters within the territorial limits of Washington State" County are regulated by federal law and patrolled by the Coast Guard. Thus, if any county or state regulation was inconsistent with any federal regulations, the federal ones would prevail. Other jurisdictions in the past have struggled with the issue of local regulation of boating laws, and I have reviewed three Washington State Attorney General Opinions that specifically discuss this issue.2 However, the 1993 Washington state legislature gave as its rationale for amending the state law, stating: It is the intent of the legislature that the boating safety laws administered by the state parks and recreation commission provide Washington's citizens with clear and reasonable boating safety regulations and penalties. Therefore, the legislature intends to recodify, clarify, and partially decriminalize the state-wide boating safety laws in order to help the boating community understand and comply with these laws. Laws of 1993, Ch. 244, sec. 1. In light of this clear statement of the legislature's intent to directly regulate boating safety on the state level, and the statutory grant of authority for county enforcement of speeding regulations through issuance of a citation for negligent boating by state statute, the county is precluded from enforcing a local speeding ordinance, especially where it is inconsistent with federal law. It is this office's opinion that the state laws contained in RCW 88.12 are enforceable by the county sheriff's department, and that the county's current ordinance is unenforceable on the marine waters of Jefferson County. Additionally, because the issue of speeding is already regulated by state law it is unnecessary for Jefferson County to adopt additional ordinances to regulate speed on county bodies of water. Thank you for the opportunity to review this matter with you. PEM/mm Encls. ¢0: Lorna Delaney 2 Attorney General Opinion No. 51-1953; Attorney General Opinion No. 61-1962; and Attorney General Opinion No. 7-1967