WSR 04-13-038

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 10, 2004, 10:51 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-080.

Title of Rule and Other Identifying Information: Repeal of wildlife taken on reservation rule.

Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule has two components: Utilization of lawfully taken wildlife by tribal members and a permit requirement to remove wildlife from a reservation. The first part of the rule is inconsistent with other rules that allow commercialization of nonedible portions of game animals (horns, hides, etc.). The permit requirement is inconsistent with commission action that has adopted on-reservation upland game seasons to be the state season, since no other state season has a separate possession permit requirement. Both sections of this rule can be enforced using other laws and rules, and the rule appears to be a premerger artifact.

Reasons Supporting Proposal: Repeal of confusing and unnecessary rule.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

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

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Phil Anderson, 1111 Washington Street, Olympia, WA, (360) 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule repeal will have no impact on small businesses. The rule being repealed affects possession and utilization of wildlife taken on Indian reservations, and has no effect on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 10, 2004

Evan Jacoby

Rules Coordinator


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-12-224 Possession of wildlife off an Indian reservation legally possessed on reservation. (Order 165)

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