FISH AND WILDLIFE
Preproposal statement of inquiry was filed as WSR 04-18-130.
Title of Rule and Other Identifying Information: WAC 232-28-248 Special closures and firearm restriction areas.
Hearing Location(s): Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, 98569, (360) 289-4600, on December 3-4, 2004, at 8:00 a.m.
Date of Intended Adoption: December 3, 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 Tuesday, November 16, 2004.
Assistance for Persons with Disabilities: Contact Susan Yeager by December 1, 2004, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is an area of expanding development and hunting activity has become a source of concern for residents during the hunting seasons. Residents have requested that the county government designate the area as a no shooting zone. Residents have also requested the Washington Department of Fish and Wildlife make this area a no hunting area. As a compromise, the department is recommending that the area be designated as a firearm restriction area.
The rule designates areas that have more restrictive regulations pertaining to the use of certain types of firearms. These restrictions allow firearms with reduced effective ranges like shotguns, muzzleloaders, and handguns. The desired effect of the proposal would be to address the safety concerns of the residents without eliminating recreational opportunity for hunters.
Reasons Supporting Proposal: The proposed amendment would address the safety concerns of the residents while still maintaining an open hunting season in the area.
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. This rule regulates recreational hunters and does not directly regulate small business.
A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.
October 20, 2004
RESTRICTED AND PROHIBITED HUNTING AREAS.
These areas are closed by Fish and Wildlife Commission action. Other areas may be closed to hunting by local, state or federal regulations.
IT IS ILLEGAL TO HUNT EXCEPT WHERE PROVIDED IN THE FOLLOWING AREAS:
|1.||Little Pend Oreille National Wildlife Refuge: The
southern part of the Little Pend Oreille National
Wildlife Refuge in Stevens County is closed to hunting
and discharge of firearms except during the periods of
April 15-May 15 and October 1-December 31. This closure
is south of a boundary beginning at the west project
boundary in Section 3, Township 34 N, R 40 EWM, then
easterly along Road 1.0 (Bear Creek Road) to the
intersection with Road 2.0 (Blacktail Mountain Road) in
Section 2, then easterly along Road 2.0 to the easterly
boundary in Section 8, Township 34 N, R 42 EWM.
|The Little Pend Oreille National Wildlife Refuge north of
the preceding boundary is open to all legally established
hunting seasons from April 15 to May 15 and September
|2.||Parker Lake: All lands south of Ruby Creek Road (USFS
Road 2489), north of Tacoma Creek Road (USFS Road 2389)
and west of Bonneville Power Administration power lines
are designated as "CLOSED AREA" to the hunting of wild
animals and wild birds year round. Both the Little Pend
Oreille (1) and Parker Lake (2) closures were established
to provide a protected area for the Air Force Military
Survival Training Program.
|3.||Columbia River and all the islands in the river, and the
Benton County shoreline below the high water mark, and
any peninsula originating on the Benton County shoreline,
between Vernita Bridge (Highway 24) downstream to the old
Hanford townsite powerline crossing (wooden towers) in
Section 24, T 13 N, R 27 E, is designated as a "CLOSED
AREA" to the hunting of wild animals and wild birds.
|4.||Green River (GMU 485): Except for special permit
hunters, who may also take a black bear and/or cougar
with the appropriate license/tag options, all lands
within GMU 485 are designated as a "CLOSED AREA" to the
hunting of big game by Department of Fish and Wildlife
regulated hunters throughout the year. During the
general westside elk season and general and late deer
seasons, all lands within GMU 485 are also designated as
a "CLOSED AREA" to the hunting of all wild animals
(including wild birds). The City of Tacoma enforces
trespass within GMU 485 on lands owned or controlled by
the City during all times of the year.
|5.||McNeil Island: McNeil Island (part of GMU 652) is closed
to the hunting of all wild animals (including wild birds)
|6.||Loo-wit (GMU 522): Closed to hunting and trapping within
GMU 522 (Loo-wit), except for the hunting of elk by
special permit holders during established seasons and
|7.||The Voice of America Dungeness Recreation Area County Park in Clallam County is closed to all hunting except Wednesdays, weekends, and holidays, from the first weekend in October to the end of January.|
|1.||Clark, Cowlitz, Pacific, and Wahkiakum counties are
closed to Columbian Whitetail Deer hunting.
|2.||Cathlamet: Beginning in the town of Skamokawa; then east
along SR 4 to the Risk Road; then south and east along
the Risk Road to Foster Road; then south along the Foster
Road to the Elochoman River; then upstream along the
Elochoman River to the Elochoman Valley Road (old SR
407); then west along the Elochoman Valley Road to SR 4;
then east along SR 4 to SR 409; then south along SR 409
to the Cathlamet Channel of the Columbia River; then east
along the north shore of the Cathlamet Channel to Cape
Horn; then south in the Columbia River to the state line;
then west along the state line to a point directly south
of the mouth of Skamokawa Creek; then north on Skamokawa
Creek to SR 4 and the point of beginning. This area is
closed to all deer and elk hunting, to protect the
Columbian Whitetail Deer.
|3.||Willapa National Wildlife Refuge: Except for Long
Island, Willapa National Wildlife Refuge is closed to all
big game hunting.
|4.||Walla Walla Mill Creek Watershed (GMU 157): All lands in
the Mill Creek Watershed are designated as a "CLOSED AREA"
to the hunting of all wild animals (including wild birds)
except for the hunting of elk by the holders of GMU-157
special elk permits during the established open season. This area is closed to motorized vehicles. Entry is
allowed only by Forest Service permit for the duration of
the hunt. Any entry into the Mill Creek Watershed at
other times is prohibited.
|5.||Westport: Closed to hunting of all big game animals on that part of Westport Peninsula lying north of State Highway 105 from the west end of the Elk River Bridge and the Schafer Island Road to the ocean beach.|
The firearm restriction areas listed below have been established by the Fish and Wildlife Commission. Centerfire and rimfire rifles are not legal for hunting in these areas.
In firearm restriction areas, hunters may hunt only during the season allowed by their tag. Archery tag holders may hunt during archery seasons with archery equipment. Muzzleloaders may hunt during muzzleloader seasons with muzzleloader equipment except in the GMU 652 restriction area outlined for King County. Modern firearm tag holders may hunt during modern firearm seasons with bows and arrows, muzzleloaders or revolver-type handguns meeting the equipment restrictions or legal shotguns firing slugs or buckshot.
|Chelan||That portion of GMU 251 (Mission) beginning at the intersection of the Duncan Road and Highway 2; south on Duncan Road to Mountain Home Road; south along Mountain Home Road to the Icicle Irrigation Ditch; south and west along the Icicle Irrigation Ditch to the Snow Lake Trail; west and north along the Snow Lake Trail and across the Icicle River to Icicle River Road; east and north along Icicle River Road to the Wenatchee River; northwest along the Wenatchee River to Highway 2; north and east on Highway 2 to Duncan Road and the point of beginning.|
|Clallam||That portion of GMU 624 (Coyle) located within Clallam County.|
|Clark||GMU 564 (Battleground)|
|That portion of GMU 554 in Clark County.|
|Cowlitz||GMU 554 (Yale)
GMU 504 (Stella)
That portion of GMU 564 (Battleground) in Cowlitz County.
|Grays Harbor||That portion of GMU 658 (North River) beginning at Bay City; then west along Highway 105 to Twin Harbors State Park; then south along Highway 105 to Grayland Grocery; then east on Cranberry Road to Turkey Road; then east and north on Turkey Road to Bayview Logging Road; then north and east along Bayview Logging Road to Mallard Slough; then east and south along the Bayview Road to Andrews Creek; then north along main channel of Andrews Creek to Grays Harbor; then north and west along the main navigation channel to Bay City and point of beginning.|
|The Chehalis Valley restriction applies only during elk seasons:|
|That portion of GMU 660 (Minot Peak) described as follows: Beginning at Highway 12 and Highway 107 junction near Montesano; east and south on Highway 12 to Oakville; south on the Oakville-Brooklyn Road to a point one|
|mile west of South Bank Road; northwest along a line one mile southwest of the South Bank Road to Delzene Road; north along Delzene Road to South Bank Road; northwest along South Bank Road to Wakefield Road; north on Wakefield Road to the Chehalis River; west along the Chehalis River to Highway 107 bridge; north on Highway 107 to Highway 12 to the point of beginning.|
|Island||That portion of GMU 410 (Island) located on Camano and Whidbey islands.|
|Jefferson||Indian and Marrowstone islands.|
|King||The area west of Highway 203 (Monroe-Fall City, Fall City-Preston Road) to Interstate 90 (I-90), I-90 to Highway 18, Highway 18 to Interstate 5 (I-5), I-5 to the Pierce-King County line; Vashon and Maury islands.|
|The following portion of GMU 652 (Puyallup): Beginning at the intersection of State Highway 410 and the southeast Mud Mountain Dam Road near the King/Pierce County line north of Buckley; then east along the southeast Mud Mountain Road to 284th Avenue Southeast; then north along 284th Avenue Southeast to State Highway 410; then west along Highway 410 to the point of the beginning. (This restriction includes high power rifles and muzzleloaders.)|
|Kitsap||East of State Highway 16 originating at the Tacoma Narrows Bridge to Gorst, and east of Highway 3 to Newbury Hill Road, north of Newbury Hill Road and the Bremerton-Seabeck Highway to Big Beef Creek Bridge; all of Bainbridge Island, and Bangor Military Reservation.|
|Kittitas||GMU 334 (Ellensburg) Closed to high power rifles during deer and elk seasons.|
|Mason||GMU 633 (Mason Lake) south of Hammersley Inlet; and all of Harstene Island.|
|Pacific||GMU 684 (Long Beach) west of Sand Ridge Road. The portion of GMU 658 (North River) south and west of State Highway 105 and Airport Road between Raymond and North River Bridge. GMU 681 between U.S. Highway 101, Chinook Valley Road and the Columbia River from Astoria-Megler bridge to the Wallacut River.|
|Pierce||GMU 652 (Anderson and Ketron islands) limited to archery, shotgun, and muzzleloader. McNeil Island closed to hunting.|
|See GMU 652 restriction area outlined for King County.|
|GMU 627 (Kitsap) south of Highway 302 on the Longbranch Peninsula is a firearm restriction area.|
|Snohomish||West of Highway 9.|
|Skagit||Guemes Island and March Point north of State Highway 20.|
|Skamania||That portion of GMU 564 (Battle Ground) in Skamania County.|
|Thurston||GMU 666 (Deschutes) north of U.S. Highway 101 and Interstate 5 between Oyster Bay and the mouth of the Nisqually River.|
|Whatcom||Area west of I-5 and north of Bellingham city limits including Lummi Island and Point Roberts.|
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-248, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-248, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-28-248, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-248, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-248, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-10-102 (Order 99-40), § 232-28-248, filed 5/5/99, effective 6/5/99; 98-10-018 (Order 98-54), § 232-28-248, filed 4/22/98, effective 5/23/98; 97-06-052 (Order 97-32), § 232-28-248, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, § 232-28-248, filed 2/1/96, effective 3/3/96. Statutory Authority: RCW 77.12.040. 95-11-036, § 232-28-248, filed 5/10/95, effective 6/10/95; 95-03-038 (Order 94-150), § 232-28-248, filed 1/10/95, effective 2/10/95.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.