WSR 09-18-054

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 27, 2009, 3:23 p.m. ]

Subject of Possible Rule Making: WAC 232-12-264 Baiting of game birds -- Unlawful.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: State laws and rules can be more restrictive than their federal counterparts, but not less restrictive. WAC 232-12-264 is less restrictive than the federal regulation prohibiting baiting waterfowl, 50 C.F.R. 20.21. The department wants to amend WAC 232-12-264 to mirror 50 C.F.R. 20.21, and in doing so, Washington department of fish and wildlife (WDFW) will have more efficient tools for identifying violations and enforcing the rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of the Interior, United States Fish and Wildlife Service (USFWS). WDFW is working with USFWS to ensure that we have common goals and will have the same language in our regulations prohibiting waterfowl-baiting.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Preuss, WDFW Enforcement, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Lori.preuss@dfw.wa.gov. Contact by October 15, 2009. Expected proposal filing on or after October 21, 2009.

August 27, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office