WSR 11-09-082

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 20, 2011, 9:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-06-058.

Title of Rule and Other Identifying Information: WAC 232-16-700 Swinomish Spit Game Reserve.

Hearing Location(s): Natural Resources Building, Conference Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on June 3-4, 2011, at 8:30 a.m.

Date of Intended Adoption: August 5-6, 2011.

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 Wednesday, May 11, 2011.

Assistance for Persons with Disabilities: Contact Susan Galloway by May 27, 2011, (360) 902-2267 or TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment is intended to clarify the boundary description in the existing rule.

Reasons Supporting Proposal: The amendment will allow more effective enforcement of the rule by clarifying and updating the boundary description for this game reserve.

Statutory Authority for Adoption: RCW 77.12.047, 77.15.440.

Statute Being Implemented: RCW 77.12.047, 77.15.440.

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: Nate Pamplin, Natural Resources Building, Olympia, (360) 902-2693; 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. These rules do not directly regulate small business.

A cost-benefit analysis is not required under RCW 34.05.328. These are not hydraulics rules.

April 19, 2011

Lori Preuss

Rules Coordinator

OTS-3945.1


AMENDATORY SECTION(Amending Order 00-50, filed 5/23/00, effective 6/23/00)

WAC 232-16-700   Swinomish Spit Game Reserve.   It shall be unlawful to hunt wild animals and wild birds within the following described boundary November 15 through March 31, and it shall be unlawful to hunt brant at any time within the following described boundary: Beginning at the Burlington Northern railroad tracks on the west shoreline of the Swinomish Channel; thence in a northwesterly direction along the west side of the Swinomish Channel to the ((red channel mark buoy N "20" (as indicated on Navigation Map #18427, 13th Ed., July 16, 1983))) reserve boundary sign on the northernmost sand island (48.474801N, 122.530770W (all coordinates NAD83/WGS84)); thence ((6,000)) 10,500 feet ENE (east-northeast) to the reserve boundary sign (48.480630N, 122.488388W); thence ((3,300)) 1,800 feet ((SSE)) SW (((south-southeast)) southwest) to the reserve boundary sign (48.476983N, 122.493716W); thence ((4,200)) 7,000 feet SSW (south-southwest) to the reserve boundary sign on the dike at the south end of Padilla Bay (48.459498N, 122.504967W); thence continue westerly along said dike to the intersection of the Burlington Northern railroad tracks and the east shoreline of the Swinomish Channel; thence continue along said railroad tracks (across swing bridge) to the west shoreline of the Swinomish Channel and the point of beginning.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-16-700, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 98-17-043 (Order 98-158), 232-16-700, filed 8/13/98, effective 9/13/98; 84-21-046 (Order 249), 232-16-700, filed 10/12/84.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-16-130 Ellensburg Game Farm Reserve.
WAC 232-16-360 South Tacoma Game Farm Reserve.

Washington State Code Reviser's Office