Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amend WAC 232-12-257 Use of decoys and calls.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-12-257 (Amending Order 06-92, filed 5/8/06, effective 6/8/06).

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 07-09-083 on April 17, 2007.

     Changes Other than Editing from Proposed to Adopted Version: None.

     Changes, if any, from the text of the proposed rule and reasons for difference:

     Under subsections (3) and (4):

     Language used to read: (3) On days open to waterfowl hunting, persons using ((lands or waters controlled by the)) department lands (as defined in WAC 232-13-030) shall not:...

     (4) On days closed to waterfowl hunting, persons using ((lands or waters controlled by the)) department lands (as defined in WAC 232-13-030) shall not place waterfowl decoys except as authorized by permit of the director.

     Language now reads: (3) ((On days open to waterfowl hunting, persons using lands or waters controlled by)) Except as otherwise authorized by rule of the commission or by contract or agreement with the department, any person placing waterfowl decoys on any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, shall not:... (4) On days closed to waterfowl hunting, persons using lands or waters controlled by the department shall not)); or

     (d) Place waterfowl decoys ((except as authorized by permit of the director)) on days closed to waterfowl hunting.

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

     These changes were made to clarify the rule language and the intent that these rules would apply to both public and private land and may be conditioned under agreements or contracts. In addition, the land use rules no longer address the placement of decoys on department lands.

     A final cost-benefit analysis is available by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 0, Amended 1, Repealed 0.

     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: October 12, 2007.

Susan Yeager

for Jerry Gutzwiler, Chair

Fish and Wildlife Commission

OTS-9914.2

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)) Except as otherwise authorized by rule of the commission or by contract or agreement with the department, any person placing waterfowl decoys on any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, 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 shall not)); or

     (d) Place waterfowl decoys ((except as authorized by permit of the director)) on days closed to waterfowl hunting.

     (((5))) (4) 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.]

© Washington State Code Reviser's Office