WSR 09-16-145

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 5, 2009, 11:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-10-069.

Title of Rule and Other Identifying Information: WAC 232-16-800 Johnson/Debay's Slough Game Reserve.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2515, on September 11-12, 2009, at 8:00 a.m.

Date of Intended Adoption: On or after September 11, 2009.

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 August 26, 2009.

Assistance for Persons with Disabilities: Contact Susan Yeager by September 1, 2009, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-16-800, the amendment is intended to clarify and provide opportunity for additional discussions about the reserve boundaries.

Reasons Supporting Proposal: WAC 232-16-800, there is currently confusion about the rationale for current reserve boundaries, and the proposal will allow additional discussions to finalize boundaries through the rule amendment process.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.040, 77.12.010.

Statute Being Implemented: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.040, 77.12.010.

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. This proposal does not affect small businesses or commercial operators.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

August 5, 2009

Lori Preuss

Rules Coordinator

OTS-2604.1


AMENDATORY SECTION(Amending Order 08-197, filed 8/13/08, effective 9/13/08)

WAC 232-16-800   Johnson/Debay's Slough Game Reserve.   In Skagit County, beginning at the intersection of Francis Road and Debay's Slough Road; then south and west along Francis Road (3090 feet) to white corner marker; then north (1265 feet) to the middle of Debay's Slough (white corner marker); then westerly (2087 feet) along the channel of Debay's Slough to the western tip of the farmed portion of Debay's Island (white corner marker); then northerly (1485 feet) to the south bank of the Skagit River (white corner marker); then easterly (2200 feet) along the south bank of the Skagit River to fence line (white corner marker); then south along fence line (150 feet) to corner post; then southeast 1050 feet to fence line; then east 1090 feet along fence line to fence intersection; then south (300 feet) along fence line to existing tree line (white corner marker); then continue south (835 feet) to south shoreline of Debay's Slough (white corner marker); then easterly and southerly along the west shoreline of Debay's Slough (1770 feet) to the south side of Debay's Slough Road (white corner marker); then east along the south side of Debay's Slough Road to the intersection of Francis Road and the point of beginning.

[Statutory Authority: RCW 77.12.047, 77.12.040, 77.12.020, 77.12.570, 77.12.210. 08-17-034 (Order 08-197), 232-16-800, filed 8/13/08, effective 9/13/08. Statutory Authority: RCW 77.12.040. 98-17-041 (Order 98-155), 232-16-800, filed 8/13/98, effective 9/13/98; 97-18-025 (Order 97-162), 232-16-800, filed 8/25/97, effective 9/25/97.]

Washington State Code Reviser's Office