WSR 07-01-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-302 -- Filed December 13, 2006, 8:55 a.m. , effective December 13, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Modify boundary of game reserve.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-16-78000A; and amending WAC 232-16-780.

Statutory Authority for Adoption: RCW 77.12.040.

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: The area along the west shoreline of Brown's Slough has been a chronic management problem for several years now. The dike and adjacent slough had become a "firing line" with as many as thirty guns firing at snow geese as they enter the reserve. Much of the shooting has been at birds that were outside the effective killing range of shotguns and has resulted in an extraordinarily high wounding loss rate. Wounded snow geese from this firing line routinely fall in the parking area of the reserve, on and along the entry road to the reserve, or on the heavily traveled Fir Island Road. Local birders and other members of the nonhunting public utilize all these areas. Last season, hunters on the dike were responsible for shooting windows of a private residence along Fir Island Road. The Fir Island Quality Snow Goose Hunt program afforded the opportunity to include the dike and lands to the west into a more regulated hunt situation. However, a portion of Brown's Slough (between the existing reserve boundary and the west bank dike) is not in the program and therefore is still subject to uncontrolled "firing line" shooting. This small adjustment in the reserve boundary will resolve the problem for this season only. Negotiation with the landowner to the west of Brown's Slough will be required for a long-term solution.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

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: December 12, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 232-16-78000A   2006-07 Fir Island Farm Game Reserve adjustments.   Notwithstanding the provisions of WAC 232-28-780, effective 12:01 a.m. December 13, 2006 through January 7, 2007, the boundaries of the Fir Island Farm Game Reserve are modified as follows:

In Skagit County, beginning at the intersection of Fir Island Road and the west bank of Brown's Slough inside base of dike; then east along Fir Island Road (96 feet) to the Brown's Slough dike; then southerly and easterly along the Brown's Slough dike to the Fir Island Farm access road; then north along the Fir Island Farm access road to Fir Island Road; then east along Fir Island Road to the northeast corner of Section 22 (T33N, R3E); then south along the east line of Section 22 (T33N, R3E) to Dry Slough; then westerly and south along the west bank of Dry Slough to the intersection with Dike District #22 dike; then westerly along the south side (Skagit Bay side) of the Dike District #22 dike to the intersection of the Dike District #22 dike and the south line of Government Lot #5 (Section 22, T33N, R3E), then west approximately 1900 feet to the west bank of Brown's Slough inside base of dike, then north along the west bank of Brown's Slough to the intersection with the Fir Island Road and the point of beginning.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 8, 2007:


WAC 232-16-78000A 2006-07 Fir Island Farm Game Reserve adjustments.

Washington State Code Reviser's Office