WSR 97-14-093

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed July 2, 1997, 9:33 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-028.

Title of Rule: To amend WAC 232-12-068 Nontoxic shot requirements for waterfowl, coot, and snipe hunting.

Purpose: To amend WAC 232-12-068 Nontoxic shot requirements for waterfowl, coot, and snipe hunting.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The amendment modifies the existing allowable types of nontoxic shotgun shot pellets for waterfowl, coot, and snipe hunting, to include tungsten-iron shot.

Reasons Supporting Proposal: Tungsten-iron shot has been demonstrated to be an effective nontoxic shot alternative, in addition to other shot types approved by the United States Fish and Wildlife Service.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The amendment protects the waterfowl resource and provides additional ammunition options for migratory game bird hunters.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Red Lion Inn, 802 George Washington Way, Richland, WA 99352, on August 8-9, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942.

Date of Intended Adoption: August 8, 1997.

July 2, 1997

Dave Brittell

AMENDATORY SECTION [(Amending Order 96-127, filed 8/22/96)]

WAC 232-12-068 Nontoxic shot requirements for waterfowl, coot, and snipe hunting. It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than steel shot, ((or)) bismuth-tin shot (nominally ((97-3 percent, respectfully))) 97 parts bismuth:3 parts tin with <1 percent residual lead), or tungsten-iron shot (nominally 40 parts tungsten:60 parts iron with <1 percent residual lead) when hunting for waterfowl, coot, or snipe.

[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) 232-12-068, filed 9/1/95, effective 10/2/95.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Legislature Code Reviser

Register

Washington State Code Reviser's Office