WSR 03-12-078

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 3, 2003, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-06-033.

Title of Rule: Wildlife possession rules.

Purpose: Expand wildlife possession rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Allows possession of shed moose antlers.

Reasons Supporting Proposal: No resource impact.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2504; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Moose, like deer and elk, shed antlers. This rule allows possession of such antlers. No effect expected.

Proposal Changes the Following Existing Rules: Expand shed antler possession.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects recreational hunters, not small businesses.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, on August 1-2, 2003, begins 8:00 a.m. on August 1, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 18, 2003, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 25, 2003.

Date of Intended Adoption: August 1, 2003.

June 3, 2003

Evan Jacoby

Rules Coordinator

OTS-6414.1


AMENDATORY SECTION(Amending WSR 95-10-026, filed 4/26/95, effective 5/27/95)

WAC 232-12-287   Possession of dead wildlife.   (1) Except as authorized by permit of the director or by subsection (2) of this section, it is unlawful to possess wildlife found dead. This rule does not prohibit the possession of naturally shed antlers of deer ((and)), elk, or moose.

(2) An individual may remove and dispose of wildlife found dead on his or her property or an adjoining public roadway. Before removing the wildlife, the individual shall, by telephone, notify the department or the Washington state patrol communications office, and shall provide his or her name, address, telephone number, and the description and location of the wildlife. The individual may remove the wildlife for disposal only, and may not retain the wildlife for personal use or consumption. Other laws and rules may apply to the disposal, including rules of the department of health (WAC 246-203-120). Wildlife removed under this section remain the property of the state.

[Statutory Authority: RCW 77.12.040. 95-10-026, 232-12-287, filed 4/26/95, effective 5/27/95; 81-12-029 (Order 165), 232-12-287, filed 6/1/81. Formerly WAC 232-12-180.]

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