Preproposal statement of inquiry was filed as WSR 98-10-099.

Purpose: To amend WAC 232-12-068 Nontoxic shot requirement for waterfowl, coot, and snipe hunting.

Statutory Authority for Adoption: RCW 77.12.010 and 77.12.040.

Statute Being Implemented: RCW 77.12.010 and 77.12.040.

Summary: The amendment modifies the existing allowable types of nontoxic shotgun shot pellets for waterfowl, coot, and snipe hunting, to include tungsten-polymer shot.

Reasons Supporting Proposal: Tungsten-polymer shot has been demonstrated to be an effective nontoxic shot alternative, in addition to other shot types approved by the United States Fish and Wildlife Service.

Name of Agency Personnel Responsible for Drafting and Implementation: Mike Kuttel, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, Olympia, (360) 902-2932.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The amendment protects the waterfowl resource and provides additional ammunition options for migratory game bird hunters.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on August 7-8, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 31, 1998, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Mike Kuttel, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by July 31, 1998.

Date of Intended Adoption: August 7, 1998.

June 30, 1998

Robin Ayers

for Evan Jacoby

Rules Coordinator

WAC 232-12-068  Nontoxic shot requirement for waterfowl, coot, and snipe hunting. It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than steel shot(([,])), bismuth-tin (([shot])) shot (nominally 97 parts bismuth: 3 parts tin with <1 percent residual lead), ((or)) tungsten-iron shot (nominally 40 parts tungsten: 60 parts iron with <1 percent residual lead), or tungsten-polymer shot (nominally 95.5 parts tungsten: 4.5 parts polymer with <1 percent residual lead) (([while])) (([when])) when hunting for waterfowl, coot, or snipe.

[Statutory Authority: RCW 77.12.040. 97-18-026 (Order 97-164), § 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), § 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) § 232-12-068, filed 9/1/95, effective 10/2/95.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.