WSR 97-06-052

PERMANENT RULES

FISH AND WILDLIFE

COMMISSION

(Wildlife)

[Order 97-32--Filed February 27, 1997, 3:07 p.m.]

Date of Adoption: December 7, 1996.

Purpose: To amend WAC 232-28-248 1997-98 Special closures and firearm restrictions.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-248.

Statutory Authority for Adoption: RCW 77.12.040.

Adopted under notice filed as WSR 96-21-156 on October 23, 1996.

Changes Other than Editing from Proposed to Adopted Version: The adopted version of WAC 232-28-248 differs from the version filed with the code reviser in the following specifics:

1. A new Hunting Prohibited Area, number 8, was added as follows: Oak Creek Wildlife Area: That portion of GMU 360 beginning at U.S. Highway 12 and Forest Road 1400 (Oak Creek Road), then east along U.S. Highway 12 to Naches River, then south and west up river to the mouth of Cougar Canyon, then west and south along the posted boundary to Highway 12 and Forest Road 1400. This area is designated a "closed area" to the hunting of wild birds and animals and unofficial entry during modern firearm elk seasons.

2. Big Game Closure number 2 was renumbered number 1.

3. The last two lines of the Cathlamet Big Game Closure was amended as follows: ". . . closed to all deer and elk hunting, except by permit, to protect the Columbian Whitetail Deer."

4. Big Game Closure number 5 was amended as follows: Colockum elk hunting restrictions: No entry in GMU 330 (West Bar) except permit holders, October ((23-25, 1996)) 20-Nov. 2. ((Closed to entry (no trespassing) October ((26))-November ((17, 1996))6.))

5. Under Horse Restrictions, the date was changed from October 26-November 6 to October 20 to November 2.

6. The King County Hunting Firearm Restriction Area was amended on line 2 as follows: "City, Fall City-Preston Road) to . . ."

7. A hunting firearm restriction area was added for Wahkiakum County. The description is as follows: That portion of GMU 506 (Willapa Hills) in the Cathlamet Big Game Closure. This restriction applies only during elk seasons.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 30, 1996

Lisa Pelly

for Mitchell S. Johnson

Chairman

AMENDATORY SECTION (Amending WSR 96-04-027, filed 2/1/96, effective 3/3/96)

WAC 232-28-248 ((1995-96)) 1997-1998 Special closures and firearm restriction areas.

special closures

hunting prohibited areas

it is unlawful to hunt wild animals (including wild birds) in the following areas:

1. Little Pend Oreille National Wildlife Refuge: The southern part of the Little Pend Oreille National Wildlife Refuge in Stevens County is closed to hunting and discharge of firearms except during the period of Oct. 1-Dec. 31((, 1995)). This closure is south of a boundary beginning at the west project boundary in Section 3, Township 34 N, R 40 EWM, then easterly along Road 1.0 to the intersection with Road 2.0 in Section 2, then easterly along Road 2.0 to the easterly boundary in Section 8, Township 34 N, R 42 EWM.

The Little Pend Oreille National Wildlife Refuge north of the preceding boundary is open to all legally established hunting seasons during September through December.

2. Parker Lake: All lands south of Ruby Creek Road (USFS Road 2489), north of Tacoma Creek Road (USFS Road 2389) and west of Bonneville Power Administration power lines are designated as "closed area" to the hunting of wild animals and wild birds except during the period Aug. 1-Sept. 30((, 1996)). Both the Little Pend Oreille (1) and Parker Lake (2) closures were established to provide a protected area for the Air Force Military Survival Training Program.

3. Columbia River and all the islands in the river, and the Benton County shoreline below the high water mark, and any peninsula originating on the Benton County shoreline, between Vernita Bridge (Highway 24) downstream to the old Hanford townsite powerline crossing (wooden towers) in Section 24, T 13 N, R 27 E, is designated as a "closed area" to the hunting of wild animals and wild birds.

4. Green River (GMU 485): Except for special permit hunts, all lands within GMU 485 are designated as a "closed area" to the hunting of big game by Department of Fish and Wildlife regulated hunters throughout the year. During the general westside elk season and general and late deer seasons, all lands within GMU 485 are also designated as a "closed area" to the hunting of all wild animals (including wild birds). The City of Tacoma enforces trespass within GMU 485 on lands owned or controlled by the City during all times of the year.

5. McNeil Island: McNeil Island (part of GMU ((480)) 484) is closed to the hunting of all wild animals (including wild birds) year around.

6. As posted on Bailey Youth Ranch, Franklin County, hunting is closed on Mondays, Tuesdays, Thursdays, and Fridays.

7. As posted, hunting is closed on Department owned land on the Sunnyside Wildlife Area in Yakima County.

8. Oak Creek Wildlife Area: That portion of GMU 360 beginning at U.S. Highway 12 and Forest Road 1400 (Oak Creek Road), then east along U.S. Highway 12 to the Naches River, then south and west up river to the mouth of Cougar Canyon, then west and south along the posted boundary to Highway 12 and Forest Road 1400. This area is designated a "closed area" to the hunting of wild birds and animals and unofficial entry during modern firearm elk seasons.

big game closures

1. Clark, Cowlitz, Pacific, and Wahkiakum counties are closed to Columbian Whitetail Deer hunting.

2. Cathlamet: Beginning in the town of Skamokawa; then east along SR 4 to the Risk Road; then south and east along the Risk Road to Foster Road; then south along the Foster Road to the Elochoman River; then upstream along the Elochoman River to the Elochoman Valley Road (old SR 407); then west along the Elochoman Valley Road to SR 4; then east along SR 4 to SR 409; then south along SR 409 to the Cathlamet Channel of the Columbia River; then east along the north shore of the Cathlamet Channel to Cape Horn; then south in the Columbia River to the state line; then west along the state line to a point directly south of the mouth of Skamokawa Creek; then north on Skamokawa Creek to SR 4 and the point of beginning. This area is closed to all deer and elk hunting, except by permit, to protect the Columbian Whitetail Deer.

((2. Clark, Cowlitz, Pacific, and Wahkiakum counties are closed to Columbian Whitetail Deer hunting.))

3. Willapa National Wildlife Refuge: Except for Bow Area No. 802 (Long Island), Willapa National Wildlife Refuge is closed to all big game hunting.

4. Walla Walla Mill Creek Watershed (GMU 157): All lands in the Mill Creek Watershed are designated as a "closed area" to the hunting of all wild animals (including wild birds) except for holders of special elk permits during the established open season. This area is closed to motorized vehicles.

5. Colockum elk hunting restrictions: No entry in GMU 330 (West Bar) except permit holders, October ((23-25, 1996)) 20-November 2. ((Closed to entry (no trespassing) October 26-November 7, 1996.))

6. Westport: Closed to hunting of all big game animals on that part of Westport Peninsula lying north of State Highway 105 from the west end of the Elk River Bridge and the Schafer Island Road to the ocean beach.

7. Baleville: Closed to hunting of all big game animals on those lands between State Highway 105 and the Willapa River west of Raymond.

upland bird closures

It is unlawful to hunt game birds on the Columbia River or from any island in the Columbia River in the following areas:

1. From the mouth of Glade Creek (River Marker 57) to the old townsite of Paterson (River Marker 67) in Benton County, except the hunting of game birds is permitted from the main shoreline of the Columbia River in this area. (Check with Umatilla National Wildlife Refuge for other federal regulations for this area.)

2. Between the public boat launch at Sunland Estates in Grant County (Wanapum Pool) and a point perpendicular in Kittitas County; upstream to the posted marker 200 yards north of Quilomene Bay and a point perpendicular in Grant County, including islands.

3. Columbia River and all the islands in the river, and the Benton County shoreline below the high water mark, and any peninsula originating on the Benton County shoreline, between Vernita Bridge (Highway 24) downstream to the old Hanford townsite powerline crossing (wooden towers) in Section 24, T 13 N, R 27 E, is designated as a "closed area" to the hunting of wild animals and wild birds.

horse restrictions

Colockum horse restrictions: GMU 330 (West Bar)--It is unlawful to ride horses, mules, or other livestock during any open elk season in GMU 330 PROVIDED, however, that livestock may be used for transporting camp gear and elk carcasses. GMU 329 (Quilomene)--It is unlawful to allow a horse to enter the Brushy and Cape Horn agricultural fields prior to 9 a.m. from October ((23)) 20-November ((3, 1996)) 2.

hunting firearm restriction areas

In firearm restriction areas, handguns, centerfire and rimfire rifles are not legal for hunting except as provided below. Hunters may hunt only during the season allowed by their tag. Archery tag holders may hunt during archery seasons with archery equipment. Muzzleloaders may hunt during muzzleloader seasons with muzzleloader equipment except in the GMU 484 restriction area outlined for King County. Modern firearm tag holders may hunt during modern firearm seasons with bows and arrows, muzzleloaders meeting the equipment restrictions or shotguns firing slugs or legal buckshot. Shotguns are not legal for hunting elk.

county area

Clallam That portion of GMU 624 (Coyle) located within Clallam County.

Clark GMU 564 (Battleground)

Cowlitz GMU 554 (Yale)

GMU 504 (Stella)

Franklin, Grant, Adams Those portions of GMU 281 (Ringold) and GMU 278 (Wahluke) known as the Wahluke Slope Wildlife Area.

Grays Harbor That portion of GMU 658 (North River) beginning at Bay City; then west along Highway 105 to Twin Harbors State Park; then south along Highway 105 to Grayland Grocery; then east on Cranberry Road to Turkey Road; then east and north on Turkey Road to Bayview Logging Road; then north and east along Bayview Logging Road to Mallard Slough; then east and south along the Bayview Road to Andrews Creek; then north along main channel of Andrews Creek to Grays Harbor; then north and west along the main navigation channel to Bay City and point of beginning.

The South Elma restriction applies only during elk seasons:

(South Bank) - That portion of GMU 660 (Minot Peak) described as follows: Beginning at Highway 12 and Wakefield Road Junction (South Elma); south on Wakefield Road, across the Chehalis River to the South Bank Road; then southeast on South Bank Road to the Delezene Road; then south on the Delezene Road to the K Line Road to the A Line Road; then south on the A Line Road to the T Line Road; then south on the T Line Road to the Oakville-Brooklyn Road; then east on the Oakville-Brooklyn Road to Oakville and Highway 12; then northwest on Highway 12 to Wakefield Road to Elma and the point of beginning.

Island That portion of GMU 410 (Island) located on Camano and Whidbey islands.

Jefferson Indian and Marrowstone islands.

King The area west of Highway 203 (Monroe-Fall City, Fall City-Preston Road) to Interstate 90 (I-90), I-90 to Highway 18, Highway 18 to Interstate 5 (I-5), I-5 to the Pierce-King County line; Vashon and Maury islands.

The following portion of GMU 484 (Puyallup): Beginning at the intersection of State Highway 410 and the southeast Mud Mountain Dam Road near the King/Pierce County line north of Buckley; then east along the southeast Mud Mountain Road to 284th Avenue Southeast; then north along 284th Avenue Southeast to State Highway 410; then west along Highway 410 to the point of the beginning. (This restriction includes high power rifles and muzzleloaders.)

Kitsap East of State Highway 16 originating at the Tacoma Narrows Bridge to Gorst, and east of Highway 3 to Newbury Hill Road, north of Newbury Hill Road and the Bremerton-Seabeck Highway to Big Beef Creek Bridge; all of Bainbridge Island, and Bangor Military Reservation.

Kittitas GMU 334 (Ellensburg) Closed to high power rifles during deer and elk seasons.

Mason GMU 633 (Mason Lake) south of Hammersley Inlet; and all of Harstene Island.

Pacific GMU 684 (Long Beach) west of Sand Ridge Road.

Pierce GMU ((480)) 484 (Anderson and Ketron islands) limited to archery, shotgun, and muzzleloader shotgun. McNeil Island closed to hunting.

See GMU 484 restriction area outlined for King County.

GMU 627 (Kitsap) south of Highway 302 on the Longbranch Peninsula is a firearm restriction area.

Snohomish West of Highway 9.

Skagit Guemes Island and March Point north of State Highway 20.

Thurston GMU 666 (Deschutes) north of U.S. Highway 101 and Interstate 5 between Oyster Bay and the mouth of the Nisqually River.

Whatcom Area west of I-5 and north of Bellingham city limits including Point Roberts.

Wahkiakum That portion of GMU 506 (Willapa Hills) in the Cathlamet Big Game Closure. This restriction applies only during elk seasons.

[Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, 232-28-248, filed 2/1/96, effective 3/3/96. Statutory Authority: RCW 77.12.040. 95-11-036, 232-28-248, filed 5/10/95, effective 6/10/95; 95-03-038 (Order 94-150), 232-28-248, filed 1/10/95, effective 2/10/95.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office