WSR 05-13-198

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 22, 2005, 10:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-10-104.

Title of Rule and Other Identifying Information: WAC 232-12-068 Nontoxic shot requirements, 232-16-050 Byron Game Reserve, and 232-16-740 Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures.

Hearing Location(s): Mirabeau Park Hotel, North 1100 Sullivan Road, Spokane Valley, WA 99037, (509) 924-9000, on August 5-6, 2005, at 8:00 a.m.

Date of Intended Adoption: August 5, 2005.

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 Monday, July 18, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 1, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will amend three rules to update boundary information and allowable nontoxic shot types, without significant changes to existing rules.

Reasons Supporting Proposal: These changes are needed to provide better ability to enforce existing regulations regarding closure and reserve boundaries, and conform to federal rules regarding the use of nontoxic shot.

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. 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.

June 22, 2005

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 03-165, filed 7/29/03, effective 8/29/03)

WAC 232-12-068   Nontoxic shot requirements.   It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes steel shot, bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent residual lead), tungsten-iron shot (2 types - 40 parts tungsten: 60 parts iron with <1 percent residual lead, and 22 parts tungsten: 78 parts iron with <1 percent residual lead), tungsten-polymer shot (95.5 parts tungsten: 4.5 parts nylon 6 or 11 with <1 percent residual lead), tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead), tungsten-iron-nickel-tin shot (65% tungsten: 10.4% iron: 2.8% nickel: 21.8% tin, with <1 percent residual lead), ((or)) tungsten-nickel-iron shot (((50)) 20-70% tungsten: ((35)) 10-40% nickel: ((15)) 10-70% iron with <1 percent residual lead), tungsten-tin-bismuth shot (49-71% tungsten, 29-51% tin, 0.5-6.5% bismuth with <1 percent residual lead), and tungsten-bronze shot (51.1% tungsten, 44.4% copper, 3.9% tin, 0.6% iron with <1 percent residual lead). The director may adopt additional nontoxic shot types consistent with federal regulations.

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

Bridgeport Bar segment of the Well's Wildlife Area

Cowlitz Wildlife Area

Lake Terrell Wildlife Area (including Tennant Lake and other segments)

Shillapoo Wildlife Area

Skagit Wildlife Area (all segments)

Snoqualmie Wildlife Area (all segments)

Sunnyside Wildlife Area

The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area

Vancouver Lake Wildlife Area


It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:

Chehalis River pheasant release site

Dungeness Recreation Area

Hunter Farms pheasant release site

Raymond Airport pheasant release site

Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge

(([All])) All Whidbey Island (([Seaplane Base, OLF Coupeville, and Bayview])) pheasant release sites(([.]))

[Statutory Authority: RCW 77.12.047. 03-16-030 (Order 03-165), 232-12-068, filed 7/29/03, effective 8/29/03; 03-13-047 (Order 03-129), 232-12-068, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), 232-12-068, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-068, 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), 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), 232-12-068, filed 8/13/98, effective 9/13/98; 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.]


AMENDATORY SECTION(Amending Order, filed 7/29/64; Resolution 168, filed 3/21/60)

WAC 232-16-050   Byron Game Reserve.   That part of the Byron Ponds segment of the Sunnyside ((Game Range)) Wildlife Area (department of ((game)) fish and wildlife lands) east of the Mabton Pressure Pipeline, legally described as ((that part of)) the W.1/2 of Section 12 that is north of U.S. Highway No. 410 ((and the SW1/4 of the NE1/4 and)) except for the NE1/4 of the SE1/4 of the SW1/4; the ((N.1/2)) NW1/4 of the NW1/4 of the SE1/4 of Section 12; ((and)) that part of Section 11 east of the Mabton pressure pipeline and north of U.S. Highway No. 410; and that part of Section 2 that is east of said pipeline; all of the above sections being in Twp. 8N., R.23E.W.M.

[Order, filed 7/29/64; Resolution 168, filed 3/21/60.]


AMENDATORY SECTION(Amending Order 04-207, filed 8/11/04, effective 9/11/04)

WAC 232-16-740   Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures.   It shall be unlawful to hunt migratory waterfowl, coot and jacksnipe on or within the following described areas:

Section 1. Waters and land below the mean high water mark of Bachelor Island Slough of the Columbia River in Clark County. Bachelor Island Slough is further defined as those waters starting at the south end of the slough at its confluence with the Columbia river, running north along the eastern shore of Bachelor Island to the confluence with Lake River.

Section 2. Klickitat County - the Columbia River and those lands lying within one-quarter mile of the Columbia River upstream from the railroad bridge at Wishram to the grain elevator at Roosevelt.

Section 3. The Columbia River between the mouth of Glade Creek (river channel marker 57) and the old town site of Paterson (river channel marker 67), except the hunting of waterfowl, coot, and snipe is permitted from the main shoreline of the Columbia River in this area.

Section 4. The Columbia River and those lands lying within one-quarter mile of the Columbia River between the old Hanford townsite (Wooden Tower) powerline crossing in Section ((30)) 24, T13N, ((R28E)) R27E, to Vernita Bridge (Highway 24).

Section 5. The Columbia River between the public boat launch at Sunland Estates (Wanapum Pool) and a point perpendicular in Kittitas County; upstream to the posted marker 200 yards north of Quilomene Bay and a point perpendicular in Grant County, including islands.

Section 6. The Snake River and those lands within one-quarter mile of the Snake River, between the U.S. Highway 12 bridge near Burbank, upstream to a line running between shoreline navigation ((markers 4 and 5 at Levey and Charbonneau Recreation Areas)) marker 4 and Levey Park Recreation Area and the Corps of Engineers windmill at Charbonneau Habitat Management Unit.

Section 7. The Yakima River and those lands lying within one-fourth mile of the Yakima River from the Sunnyside-Mabton Road bridge downstream to the Euclid Road bridge (4 miles).

Section 8. The Yakima River and those lands lying within one-fourth mile of the Yakima River from the Grant Avenue bridge (steel bridge) north of Prosser downstream 2-1/2 miles, to the powerline.

[Statutory Authority: RCW 77.12.047. 04-17-061 (Order 04-207), 232-16-740, filed 8/11/04, effective 9/11/04; 03-16-087 (Order 03-175), 232-16-740, filed 8/5/03, effective 9/5/03. Statutory Authority: RCW 77.12.040. 97-18-023 (Order 97-163), 232-16-740, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-005 (Order 96-123), 232-16-740, filed 8/22/96, effective 9/22/96.]

Washington State Code Reviser's Office