WSR 10-01-036

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-264 -- Filed December 7, 2009, 3:52 p.m. , effective January 7, 2010 ]


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

     Purpose: Amend WAC 232-16-800 Johnson Debay's Slough Game Reserve.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-16-800.

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

      Adopted under notice filed as WSR 09-19-147 on September 23, 2009.

     Changes Other than Editing from Proposed to Adopted Version: Changes from the text of the proposed rule and reasons for difference:

     •     The name of Debay's Slough Road was changed to Debay's Isle Road to match the actual road name.

     •     The words "white corner marker" was deleted because the point of reference was no longer needed.

     •     The distance traveled east along the south bank of the Skagit River was changed from 2200 feet to 3750 feet in order to make the reserve boundary close at the northeast corner.

     •     The distance traveled south along the fence line was changed from 150 feet to 855 feet in order to reflect the incorporation of additional acreage within the reserve.

     •     The words "southeast 1050 feet to fence line, then" was removed since they no longer describe the boundary which places additional acreage in the reserve.

     •     The distance traveled east along the fence line was changed from 1090 feet to 435 feet to correctly align the boundary with the point of origin.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 4, 2009.

Miranda Wecker, Chair

Fish and Wildlife Commission

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.]

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