WSR 98-23-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-228--Filed November 6, 1998, 1:13 p.m.]

Date of Adoption: November 5, 1998.

Purpose: To adopt WAC 232-12-06800A Nontoxic shot requirement for waterfowl, coot, and snipe hunting--Tungsten-matrix shot for muzzleloading.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-068.

Statutory Authority for Adoption: RCW 77.12.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: On October 19, 1998, the United States Fish and Wildlife Service approved the use of a new nontoxic shot for waterfowl hunting, tungsten-matrix shot, for the 1998-99 season. This shot is currently for sale, and offers waterfowl hunters another choice in nontoxic shot alternatives. Because illegal use of lead shot is still considered a problem in some areas of the state, this rule will potentially reduce deposition of lead shot into waterfowl feeding areas and reduce waterfowl mortalities. Insufficient time necessary to file a permanent rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 1, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

November 5, 1998

Larry W. Peck

Acting Director

NEW SECTION

WAC 232-12-06800A  Nontoxic shot requirement for waterfowl, coot, and snipe hunting--Tungsten-matrix shot for muzzleloading. Notwithstanding the provisions of WAC 232-12-068, effective November 11, 1998 it shall be lawful to possess tungsten-matrix shot (nominally 95.9 parts tungsten:4.1 parts polymer with <1 percent residual lead) either in shotshells or as loose shot for muzzleloading when hunting for waterfowl, coot, or snipe.

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