WSR 04-13-168

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 23, 2004, 10:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-081.

Title of Rule and Other Identifying Information: Adopt WAC 232-16-610 Sunnyside Snipes Game Reserve; amend WAC 232-16-740 Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures; and repeal WAC 232-16-270 Moxee Game Reserve.

Hearing Location(s): Embassy Suites, 20610 44th Avenue West, Lynnwood, WA 98036, (425) 775-2500, on August 6-7, 2004, at 8:00 a.m.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2612, by Friday, July 16, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 2, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment of WAC 232-16-740 opens approximately thirty river miles of the Snake River and associated uplands on Ice Harbor Pool (Lake Sacajawea) to waterfowl hunting. The repeal of WAC 232-16-270 removes a 933-acre reserve in the Moxee area of the Yakima Valley. The adoption of WAC 232-16-610 creates a game reserve on the 491-acre Snipes parcel, located within WDFW's Sunnyside Wildlife Area.

Reasons Supporting Proposal: Low numbers of waterfowl currently use the closure and reserve areas proposed for elimination, and the proposal is intended to provide additional limited public waterfowl hunting opportunity in these areas. Adoption of the proposal to create a new game reserve would maintain current waterfowl distribution and improve enforcement of access restrictions.

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 Fish and Wildlife Commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

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

June 23, 2004

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 232-16-610   Snipes Game Reserve.   WDFW lands within the following boundary of the Sunnyside Wildlife Area: that portion of T9N, R22E, Section 21 lying north of the Yakima River; the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of T9N, R22E, Section 22; and that portion of the SW 1/4 of the SW 1/4 of T9N, R22E, Section 22 lying north and east of the Yakima River.

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AMENDATORY SECTION(Amending Order 03-175, filed 8/5/03, effective 9/5/03)

WAC 232-16-740   Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures.   (([It shall be unlawful to hunt migratory waterfowl, coot and jacksnipe on or within the following described areas:])) It shall be unlawful to hunt migratory waterfowl, coot and jacksnipe on or within the following described areas:

Section 1. Waters and land below the mean high water mark of Bachelor Island Slough of the Columbia River in Clark County. Bachelor Island Slough is further defined as those waters starting at the south end of the slough at its confluence with the Columbia river, running north along the eastern shore of Bachelor Island to the confluence with Lake River.

Section 2. Klickitat County - the Columbia River and those lands lying within one-quarter mile of the Columbia River upstream from the railroad bridge at Wishram to the grain elevator at Roosevelt.

Section 3. The Columbia River between the mouth of Glade Creek (river channel marker 57) and the old town site of Paterson (river channel marker 67), except the hunting of waterfowl, coot, and snipe is permitted from the main shoreline of the Columbia River in this area.

Section 4. The Columbia River and those lands lying within one-quarter mile of the Columbia River between the old Hanford townsite (Wooden Tower) powerline crossing in Section 30, T13N, R28E, to Vernita Bridge (Highway 24).

Section 5. The Columbia River between the public boat launch at Sunland Estates (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.

Section 6. The Snake River and those lands within one-quarter mile of the Snake River, between the U.S. Highway 12 bridge near Burbank, upstream to ((Lower Monumental Dam)) a line running between shoreline navigation markers 4 and 5 at Levey and Charbonneau Recreation Areas.

Section 7. The Yakima River and those lands lying within one-fourth mile of the Yakima River from the Sunnyside-Mabton Road bridge downstream to the Euclid Road bridge (4 miles).

Section 8. The Yakima River and those lands lying within one-fourth mile of the Yakima River from the Grant Avenue bridge (steel bridge) north of Prosser downstream 2-1/2 miles, to the powerline.

[Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), 232-16-740, filed 8/5/03, effective 9/5/03. Statutory Authority: RCW 77.12.040. 97-18-023 (Order 97-163), 232-16-740, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-005 (Order 96-123), 232-16-740, filed 8/22/96, effective 9/22/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-16-270 Moxee Game Reserve

Legislature Code Reviser 

Register

Washington State Code Reviser's Office