WSR 09-19-147

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 23, 2009, 10:06 a.m. ]

Supplemental Notice to WSR 09-16-145.

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 98504, on November 6-7, 2009, at 8:30 a.m.

Date of Intended Adoption: November 6-7, 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 October 12, 2009.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 2, 2009, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendment is intended to establish the reserve boundary as it was originally intended to be established in 1997.

Reasons Supporting Proposal: The current reserve boundary proposal would exclude a private parcel from being incorporated into the reserve. The modified proposal will incorporate that private land into reserve status, as was intended in 1997.

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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The original CR-102 filing and rule proposal was based on the exclusion of a land parcel that the Washington department of fish and wildlife thought would be available for sale to the state and therefore would not need to be included in the reserve boundaries. Since this initial filing, the private landowner entered into a sales agreement with another private individual, and the parcel is no longer available for state purchase. Therefore, it is recommended that the parcel be included within the reserve boundaries in order to keep the reserve intact as was initially intended in 1997.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2504; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not affect small business or commercial operators.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

September 23, 2009

Lori Preuss

Rules Coordinator

OTS-2604.2


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)) Isle 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; then northerly (1485 feet) to the south bank of the Skagit River (white corner marker); then easterly (((2200)) 3750 feet) along the south bank of the Skagit River to fence line (white corner marker); then south along fence line (((150)) 855 feet) to corner post; then ((southeast 1050 feet to fence line; then)) east ((1090 feet)) along fence line (435 feet) 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)) Isle Road (white corner marker); then east along the south side of Debay's ((Slough)) Isle 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