WSR 97-14-094

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed July 2, 1997, 9:33 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-028.

Title of Rule: To adopt WAC 232-16-800 Debay's Slough Game Reserve, 232-16-790 Hayton Game Reserve, 232-16-780 Fir Island Farm Game Reserve, and 232-16-730 Coffeepot Lake Game Reserve.

Purpose: Establish WAC 232-16-800 Debay's Slough Game Reserve; establish WAC 232-16-790 Hayton Game Reserve; establish WAC 232-16-780 Fir Island Farm Game Reserve; and establish WAC 232-16-730 Coffeepot Lake Game Reserve.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: WAC 232-16-780, 232-16-790 and 232-16-800, designates areas in Skagit County as a game reserve, closed to all hunting and trapping; and WAC 232-16-730 designates an area in Lincoln County as a Game Reserve, closed to all hunting and trapping.

Reasons Supporting Proposal: WAC 232-16-800, the reserve will provide wintering habitat for trumpeter swans during established hunting seasons, and allow maintenance of the population; WAC 232-16-780 and 232-16-790, the reserves will provide wintering habitat for Wrangel Island snow geese during established hunting seasons, and allow maintenance of the population; and WAC 232-16-730, the reserve will provide wintering habitat for Canada geese and other wildlife during established hunting seasons, and allow maintenance of the population.

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

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 232-16-800, the rule protects the trumpeter swan resource and provides secure feeding and resting areas during the waterfowl season; WAC 232-16-780 and 232-16-790, the rules protect the Wrangel Island snow goose resource and provides secure feeding and resting areas during the waterfowl season; and WAC 232-16-730, to protect the Canada goose resource and preserve recreational opportunities.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Red Lion Inn, 802 George Washington Way, Richland, WA 99352, on August 8-9, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942.

Date of Intended Adoption: August 8, 1997.

July 2, 1997

Dave Brittell

NEW SECTION

WAC 232-16-800 Debay's Slough Game Reserve In Skagit County, beginning at the intersection of Francis Road and Debay's Slough 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 (1600 feet) along the south bank of the Skagit River to fence line (white corner marker); then south along fence line (855 feet) to corner post; then east 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 Road (white corner marker); then east along the south side of Debay's Slough Road to the intersection of Francis Road and the point of beginning.

[]

NEW SECTION

WAC 232-16-790 Hayton Game Reserve Beginning at the intersection of the west bank of Dry Slough and the Dike District #22 Skagit Bay dike, then east approximately 1330 feet along the south side of the District #22 dike to the intersection of the District #22 dike and the west bank of McDonald's Slough, then north along the west bank of McDonald's Slough to the point where the adjacent farmed field boundary extends west, then west along the north edge of the farmed field boundary to the point where the farmed field boundary intersects Dry Slough, then across Dry Slough to the west bank of Dry Slough, then south along the west bank of Dry Slough to the point of beginning.

[]

NEW SECTION

WAC 232-16-780 Fir Island Farm Game Reserve In Skagit County, beginning at the intersection of Fir Island Road and the east bank of Brown's Slough; then east along Fir Island Road (96 feet) to the Brown's Slough dike; then southerly and easterly along the Brown's Slough dike to the Fir Island Farm access road; then north along the Fir Island Farm access road to Fir Island Road; then east along Fir Island Road to the northeast corner of Section 22 (T33N, R3E); then south along the east line of Section 22 (T33N, R3E) to Dry Slough; then westerly and south along the west bank of Dry Slough to the intersection with Dike District #22 dike; then westerly along the south side (Skagit Bay side) of the Dike District #22 dike to the intersection of the Dike District #22 dike and the south line of Government Lot #5 (Section 22, T33N, R3E), then west approximately 1900 feet to the east bank of Brown's Slough, then north along the east bank of Brown's Slough to the intersection with the Fir Island Road and the point of beginning.

[]

NEW SECTION

WAC 232-16-730 Coffeepot Lake Game Reserve In Lincoln County, all portions of Coffeepot Lake and those lands within one-quarter mile of Coffepot Lake.