WSR 04-19-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-244 -- Filed September 14, 2004, 8:08 a.m. , effective September 14, 2004 ]


Purpose: Amend wildlife rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-068.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Nontoxic shot types are needed to give waterfowl hunters additional options for hunting, and encourage greater compliance with nontoxic shot requirements. There is inadequate time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 8, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-12-06800B   Nontoxic shot requirements.   Notwithstanding the provisions of WAC 232-12-068, effective immediately until further notice it is lawful to use the following shot types in areas under nontoxic shot restrictions:

(1) 22 parts tungsten: 78 parts iron with <1 percent residual lead.

(2) 51.1 parts tungsten: 44.4 parts copper: 3.9 parts tin with <1 percent residual lead

(3) 49-71 parts tungsten: 29-51 parts tin: 0.5-6.5 parts bismuth with <1 percent residual lead.

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