WSR 00-06-091




[ Filed March 1, 2000, 11:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-142.

Purpose: To amend WAC 232-12-068 Nontoxic shot requirement for waterfowl, coot, and snipe hunting.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: This amendment clarifies existing language and adds more areas where nontoxic shot is required for hunting of all game birds and game animals.

Reasons Supporting Proposal: Lead shot is currently used for hunting of game birds (other than waterfowl, coot, and snipe) and game animals in areas used by waterfowl and other wildlife. Elimination of lead shot will result in healthier wildlife populations on WDFW lands and WDFW operated pheasant release sites, where lead deposition poses potential hazards to wildlife.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment reduces mortalities caused by lead shot poisoning and increases the health of wildlife populations.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.

Hearing Location: Yakima Convention Center, 10 North 8th Street, Yakima, WA, on April 7-8, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 31, 2000, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 31, 2000.

Date of Intended Adoption: April 7, 2000.

March 1, 2000

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION [(Amending Order 99-118, filed 8/11/99)]WAC 232-12-068
Nontoxic shot ((requirement for waterfowl, coot, and snipe hunting.)) requirements

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes steel shot, bismuth-tin shot (nominally 97 parts bismuth:3 parts tin with <1 percent residual lead), tungsten-iron shot (nominally 40 parts tungsten:60 parts iron with <1 percent residual lead), tungsten-polymer shot (nominally 95.5 parts tungsten:4.5 parts polymer with <1 percent residual lead), tungsten-matrix shot (nominally 95.9 parts tungsten:4.1 parts polymer with < 1 percent residual lead), or tin shot (99.9 percent ((tinwith)) tin with <1 percent residual lead) ((when hunting for waterfowl, coot, or snipe)).

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:

Bridgeport Bar segment of the Well's Wildlife Area

Dungeness Recreation Area

Hunter Farms pheasant release site

Lake Terrell Wildlife Area (including Tennant Lake and other segments)

Skagit Wildlife Area (all segments)

Snoqualmie Wildlife Area (all segments)

Sunnyside Wildlife Area

Two Rivers and Wallula Segments of the Corps of Engineer's McNary Wildlife Area

The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area

[Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) 232-12-068, filed 9/1/95, effective 10/2/95.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office