WSR 98-05-093

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 18, 1998, 10:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-01-174.

Title of Rule: To amend WAC 232-28-248 1997-1998 Special closures and firearm restriction areas.

Purpose: To amend WAC 232-28-248 1997-1998 Special closures and firearms restriction areas.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: Several closures listed in this WAC previously are proposed to be deleted because they are covered by some other rule or are no longer needed. Corrected road names are edited for the Little Pend Oreille closure; and the Loo-wit closure is a new listing, but only a clarification of existing rules. Horse restrictions and upland bird closures are no longer needed in this WAC. Revolver type handguns are proposed to be legal in firearm restricted areas. The Wahkiakum closure is deleted because it is already listed as a big game closure.

Reasons Supporting Proposal: To eliminate rules no longer needed and correct inaccuracies in previous rules.

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: The proposed rules will simplify some of the hunting season rules, and allow use of revolver handguns in firearm restriction areas.

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.

Hearing Location: Doubletree Hotel, 1225 North Wenatchee Avenue, Wenatchee, WA 98801, phone (509) 663-0711, on April 3-4, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 25, 1998, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2940, by March 25, 1998.

Date of Intended Adoption: April 3, 1998.

February 18, 1998

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION [(Amending Order 97-32, filed 2/27/97, effective 3/30/97)]

WAC 232-28-248 ((1997-1998)) 1998-1999 Special closures, ((and)) firearm restriction areas, and definitions.

((special closures)) restricted and prohibited hunting areas

These areas are closed by Fish and Wildlife Commission action. Other areas may be closed to hunting by local, state or federal regulations.

((hunting prohibited areas))

it is ((unlawful)) illegal to hunt ((wild animals (including wild birds))) except where provided in the following areas:

1. Little Pend Oreille National Wildlife Refuge: The southern part of the Little Pend Oreille National Wildlife Refuge in Stevens County is closed to hunting and discharge of firearms except during the period of Oct. 1-Dec. 31. This closure is south of a boundary beginning at the west project boundary in Section 3, Township 34 N, R 40 EWM, then easterly along Road 1.0 (Bear Creek Road) to the intersection with Road 2.0 (Blacktail Mountain Road) in Section 2, then easterly along Road 2.0 to the easterly boundary in Section 8, Township 34 N, R 42 EWM.

The Little Pend Oreille National Wildlife Refuge north of the preceding boundary is open to all legally established hunting seasons during September through December.

2. Parker Lake: All lands south of Ruby Creek Road (USFS Road 2489), north of Tacoma Creek Road (USFS Road 2389) and west of Bonneville Power Administration power lines are designated as "closed area" to the hunting of wild animals and wild birds except during the period Aug. 1-Sept. 30. Both the Little Pend Oreille (1) and Parker Lake (2) closures were established to provide a protected area for the Air Force Military Survival Training Program.

3. Columbia River and all the islands in the river, and the Benton County shoreline below the high water mark, and any peninsula originating on the Benton County shoreline, between Vernita Bridge (Highway 24) downstream to the old Hanford townsite powerline crossing (wooden towers) in Section 24, T 13 N, R 27 E, is designated as a "closed area" to the hunting of wild animals and wild birds.

4. Green River (GMU 485): Except for special permit hunts, all lands within GMU 485 are designated as a "closed area" to the hunting of big game by Department of Fish and Wildlife regulated hunters throughout the year. During the general westside elk season and general and late deer seasons, all lands within GMU 485 are also designated as a "closed area" to the hunting of all wild animals (including wild birds). The City of Tacoma enforces trespass within GMU 485 on lands owned or controlled by the City during all times of the year.

5. McNeil Island: McNeil Island (part of GMU 484) is closed to the hunting of all wild animals (including wild birds) year around.

((6. As posted on Bailey Youth Ranch, Franklin County, hunting is closed on Mondays, Tuesdays, Thursdays, and Fridays.

7. As posted, hunting is closed on Department owned land on the Sunnyside Wildlife Area in Yakima County.

8. Oak Creek Wildlife Area: That portion of GMU 360 beginning at U.S. Highway 12 and Forest Road 1400 (Oak Creek Road), then east along U.S. Highway 12 to the Naches River, then south and west up river to the mouth of Cougar Canyon, then west and south along the posted boundary to Highway 12 and Forest Road 1400. This area is designated a "closed area" to the hunting of wild birds and animals and unofficial entry during modern firearm elk seasons.))

6. Loo-wit (GMU 522): Hunting is closed within GMU 522 (Loo-wit).

big game closures

1. Clark, Cowlitz, Pacific, and Wahkiakum counties are closed to Columbian Whitetail Deer hunting.

2. Cathlamet: Beginning in the town of Skamokawa; then east along SR 4 to the Risk Road; then south and east along the Risk Road to Foster Road; then south along the Foster Road to the Elochoman River; then upstream along the Elochoman River to the Elochoman Valley Road (old SR 407); then west along the Elochoman Valley Road to SR 4; then east along SR 4 to SR 409; then south along SR 409 to the Cathlamet Channel of the Columbia River; then east along the north shore of the Cathlamet Channel to Cape Horn; then south in the Columbia River to the state line; then west along the state line to a point directly south of the mouth of Skamokawa Creek; then north on Skamokawa Creek to SR 4 and the point of beginning. This area is closed to all deer and elk hunting, except by permit, to protect the Columbian Whitetail Deer.

3. Willapa National Wildlife Refuge: Except for Bow Area No. 802 (Long Island), Willapa National Wildlife Refuge is closed to all big game hunting.

4. Walla Walla Mill Creek Watershed (GMU 157): All lands in the Mill Creek Watershed are designated as a "closed area" to the hunting of all wild animals (including wild birds) except for holders of special elk permits during the established open season. This area is closed to motorized vehicles. Entry shall be allowed only by Forest Service permit for the duration of the hunt. Any entry into the Mill Creek Watershed at other times is prohibited.

((5. Colockum elk hunting restrictions: No entry in GMU 330 (West Bar) except permit holders, October 20-November 2.))

((6.)) 5. Westport: Closed to hunting of all big game animals on that part of Westport Peninsula lying north of State Highway 105 from the west end of the Elk River Bridge and the Schafer Island Road to the ocean beach.

((7.)) 6. Baleville: Closed to hunting of all big game animals on those lands between State Highway 105 and the Willapa River west of Raymond.

((upland bird closures

It is unlawful to hunt game birds on the Columbia River or from any island in the Columbia River in the following areas:

1. From the mouth of Glade Creek (River Marker 57) to the old townsite of Paterson (River Marker 67) in Benton County, except the hunting of game birds is permitted from the main shoreline of the Columbia River in this area. (Check with Umatilla National Wildlife Refuge for other federal regulations for this area.)

2. Between the public boat launch at Sunland Estates in Grant County (Wanapum Pool) and a point perpendicular in Kittitas County; upstream to the posted marker 200 yards north of Quilomene Bay and a point perpendicular in Grant County, including islands.

3. Columbia River and all the islands in the river, and the Benton County shoreline below the high water mark, and any peninsula originating on the Benton County shoreline, between Vernita Bridge (Highway 24) downstream to the old Hanford townsite powerline crossing (wooden towers) in Section 24, T 13 N, R 27 E, is designated as a "closed area" to the hunting of wild animals and wild birds.))

((horse restrictions

Colockum horse restrictions: GMU 330 (West Bar)--It is unlawful to ride horses, mules, or other livestock during any open elk season in GMU 330 PROVIDED, however, that livestock may be used for transporting camp gear and elk carcasses. GMU 329 (Quilomene)--It is unlawful to allow a horse to enter the Brushy and Cape Horn agricultural fields prior to 9 a.m. from October 20-November 2.))

((hunting)) firearm restriction areas

The firearm restriction areas listed below have been established by the Fish and Wildlife Commission. Centerfire and rim fire rifles are not legal for hunting in these areas.

In firearm restriction areas, hunters may hunt only during the season allowed by their tag ((handguns, centerfire and rimfire rifles are not legal for hunting except as provided below.)) Hunters may hunt only during the season allowed by their tag. Archery tag holders may hunt during archery seasons with archery equipment. Muzzleloaders may hunt during muzzleloader seasons with muzzleloader equipment except in the GMU 484 restriction area outlined for King County. Modern firearm tag holders may hunt during modern firearm seasons with bows and arrows, muzzleloaders or revolver-type handguns meeting the equipment restrictions or shotguns firing slugs or legal buckshot. Shotguns are not legal for hunting elk.

county area

Clallam That portion of GMU 624 (Coyle) located within Clallam County.

Clark GMU 564 (Battleground)

Cowlitz GMU 554 (Yale)

GMU 504 (Stella)

Franklin, Grant, Adams Those portions of GMU 281 (Ringold) and GMU 278 (Wahluke) known as the Wahluke Slope Wildlife Area.

Grays Harbor That portion of GMU 658 (North River) beginning at Bay City; then west along Highway 105 to Twin Harbors State Park; then south along Highway 105 to Grayland Grocery; then east on Cranberry Road to Turkey Road; then east and north on Turkey Road to Bayview Logging Road; then north and east along Bayview Logging Road to Mallard Slough; then east and south along the Bayview Road to Andrews Creek; then north along main channel of Andrews Creek to Grays Harbor; then north and west along the main navigation channel to Bay City and point of beginning.

The South Elma restriction applies only during elk seasons:

(South Bank) - That portion of GMU 660 (Minot Peak) described as follows: Beginning at Highway 12 and Wakefield Road Junction (South Elma); south on Wakefield Road, across the Chehalis River to the South Bank Road; then southeast on South Bank Road to the Delezene Road; then south on the Delezene Road to the K Line Road to the A Line Road; then south on the A Line Road to the T Line Road; then south on the T Line Road to the Oakville-Brooklyn Road; then east on the Oakville-Brooklyn Road to Oakville and Highway 12; then northwest on Highway 12 to Wakefield Road to Elma and the point of beginning.

Island That portion of GMU 410 (Island) located on Camano and Whidbey islands.

Jefferson Indian and Marrowstone islands.

King The area west of Highway 203 (Monroe-Fall City, Fall City-Preston Road) to Interstate 90 (I-90), I-90 to Highway 18, Highway 18 to Interstate 5 (I-5), I-5 to the Pierce-King County line; Vashon and Maury islands.

The following portion of GMU 484 (Puyallup): Beginning at the intersection of State Highway 410 and the southeast Mud Mountain Dam Road near the King/Pierce County line north of Buckley; then east along the southeast Mud Mountain Road to 284th Avenue Southeast; then north along 284th Avenue Southeast to State Highway 410; then west along Highway 410 to the point of the beginning. (This restriction includes high power rifles and muzzleloaders.)

Kitsap East of State Highway 16 originating at the Tacoma Narrows Bridge to Gorst, and east of Highway 3 to Newbury Hill Road, north of Newbury Hill Road and the Bremerton-Seabeck Highway to Big Beef Creek Bridge; all of Bainbridge Island, and Bangor Military Reservation.

Kittitas GMU 334 (Ellensburg) Closed to high power rifles during deer and elk seasons.

Mason GMU 633 (Mason Lake) south of Hammersley Inlet; and all of Harstene Island.

Pacific GMU 684 (Long Beach) west of Sand Ridge Road.

Pierce GMU 484 (Anderson and Ketron islands) limited to archery, shotgun, and muzzleloader shotgun. McNeil Island closed to hunting.

See GMU 484 restriction area outlined for King County.

GMU 627 (Kitsap) south of Highway 302 on the Longbranch Peninsula is a firearm restriction area.

Snohomish West of Highway 9.

Skagit Guemes Island and March Point north of State Highway 20.

Thurston GMU 666 (Deschutes) north of U.S. Highway 101 and Interstate 5 between Oyster Bay and the mouth of the Nisqually River.

Whatcom Area west of I-5 and north of Bellingham city limits including Point Roberts.

((Wahkiakum That portion of GMU 506 (Willapa Hills) in the Cathlamet Big Game Closure. This restriction applies only during elk seasons.))

[Statutory Authority: RCW 77.12.040. 97-06-052 (Order 97-32), 232-28-248, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, 232-28-248, filed 2/1/96, effective 3/3/96. Statutory Authority: RCW 77.12.040. 95-11-036, 232-28-248, filed 5/10/95, effective 6/10/95; 95-03-038 (Order 94-150), 232-28-248, filed 1/10/95, effective 2/10/95.]