WSR 00-06-094




[ Filed March 1, 2000, 11:42 a.m. ]

Original Notice.

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

Purpose: To amend WAC 232-12-257 Control of unattended decoys.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The amendment further restricts the use of waterfowl decoys on department lands.

Reasons Supporting Proposal: Waterfowl hunter conflicts on department lands have necessitated additional restrictions to ensure fair access by all public hunters.

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: The amendment requires removal of decoys each night from department lands.

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 165, filed 6/1/81)]WAC 232-12-257
((Control of unattended decoys.)) Use of decoys or other devices to attract waterfowl on department controlled lands

((It is unlawful to leave duck or goose decoys unattended)) The use of decoys or other devices to attract waterfowl on lands or water ((owned, leased or)) controlled by the department((.)) is subject to the following restrictions:

1) Decoys or other devices must not be placed prior to 4:00 am and must be removed within two hours after the close of established hunting hours.

2) ((Duck or goose decoys left unattended in excess of)) Decoys or other devices to attract waterfowl, which are not under the immediate control of a hunter for a period exceeding one hour during legal hunting hours, or not removed within two hours following the close of established daily hunting hours, may be removed by a fish and wildlife ((agent)) officer and may be disposed of by the department.

[Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-257, filed 6/1/81. Formerly WAC 232-12-630.]

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

Washington State Code Reviser's Office