WSR 07-09-083

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 17, 2007, 4:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-05-085.

Title of Rule and Other Identifying Information: WAC 232-12-257 Use of decoys and calls, 232-16-600 North Potholes Game Reserve, and 232-16-780 Fir Island Farm Game Reserve.

Hearing Location(s): Mirabeau Park Hotel & Convention Center, 1100 North Sullivan Road, Spokane Valley, WA 99037, (509) 924-9000, on June 1-2, 2007, at 8:00 a.m.

Date of Intended Adoption: August 3-4, 2007.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by May 2, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by May 29, 2007, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-12-257 Use of decoys and calls, this amendment revises language regarding department owned or controlled lands, waters, and access areas; for consistency with wildlife area rules currently under consideration by the commission.

WAC 232-16-600 North Potholes Game Reserve, restricting public access to the North Potholes Game Reserve during critical use periods to protect colonial nesting species and migrating waterfowl habitat values.

WAC 232-16-780 Fir Island Farm Game Reserve, this amendment makes a small adjustment to the reserve boundary.

Reasons Supporting Proposal: WAC 232-12-257 Use of decoys and calls, this revision will provide consistency with other proposed rules.

WAC 232-16-600 North Potholes Game Reserve, this revision will promote colonial nesting bird and waterfowl resource conservation.

WAC 232-16-780 Fir Island Farm Game Reserve, revision of this reserve boundary will reduce unethical hunting behavior, decrease snow goose wounding loss, and make the emergency change from last season permanent.

Statutory Authority for Adoption: RCW 77.12.240.

Statute Being Implemented: RCW 77.12.240.

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) 902-2373.

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.

April 17, 2007

Lori Preuss

Rules Coordinator

OTS-9682.1


AMENDATORY SECTION(Amending Order 06-92, filed 5/8/06, effective 6/8/06)

WAC 232-12-257   Use of decoys and calls.   (1) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of battery-powered or other electronic devices as decoys.

(2) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of electronic calls.

(3) On days open to waterfowl hunting, persons using ((lands or waters controlled by the)) department-owned or controlled lands, waters, or access areas shall not:

(a) Place waterfowl decoys prior to 4:00 a.m.;

(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour; or

(c) Fail to remove waterfowl decoys within two hours after the close of established daily hunting hours.

(4) On days closed to waterfowl hunting, persons using ((lands or waters controlled by the)) department-owned or controlled lands, waters, or access areas shall not place waterfowl decoys except as authorized by permit of the director.

(5) This regulation shall be enforced under RCW 77.15.400.

[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), 232-12-257, filed 5/8/06, effective 6/8/06. Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), 232-12-257, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-257, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-257, filed 6/1/81. Formerly WAC 232-12-630.]

OTS-9679.1


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

WAC 232-16-600   North Potholes Game Reserve.   Those lands in Grant County within the following described boundary: In T19N, R27E WM; the N.E. 1/4 of Section 32, and the N.E. 1/4 S.E. 1/4 of Section 32, all of Section 33, except the S.W. 1/4 S.W. 1/4, and all of Section 34.

In T18N, R27E WM; all of Section 4, except the N.W. 1/4 and the N.W. 1/4 N.E. 1/4; all of Section 3; that part of Section 10 north of the Job Corps Dike Rd; that part of Section 9 east of the fenceline, beginning at the N.W. corner of Section 9, and then following said fenceline southeasterly to the fence on the northern section line of Section 16 near Job Corps Dike Road; those portions of sections 15 and 16 north of the above mentioned fence to the west end of the Job Corps Dike; and that part of Section 15 north of the Job Corps Dike Road.

All areas of North Potholes Game Reserve located in Sections 9, 10, and 15 are closed to all public access from March 15 through May 30 and from October 1 through February 1.

[Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), 232-16-600, filed 8/5/03, effective 9/5/03. Statutory Authority: RCW 77.12.040. 79-09-082 (Order 141), 232-16-600, filed 8/31/79.]

OTS-9680.1


AMENDATORY SECTION(Amending Order 97-162, filed 8/25/97, effective 9/25/97)

WAC 232-16-780   Fir Island Farm Game Reserve.   In Skagit County, beginning at the intersection of Fir Island Road and the ((east)) 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 ((east)) west bank of Brown's Slough (inside base of dike), then north along the ((east)) west bank of Brown's Slough to the intersection with the Fir Island Road and the point of beginning.

[Statutory Authority: RCW 77.12.040. 97-18-025 (Order 97-162), 232-16-780, filed 8/25/97, effective 9/25/97.]

Washington State Code Reviser's Office