Preproposal statement of inquiry was filed as WSR 98-10-099.

Purpose: To amend WAC 232-16-700 Swinomish Spit Game Reserve.

Statutory Authority for Adoption: RCW 77.12.010 and 77.12.040.

Statute Being Implemented: RCW 77.12.010 and 77.12.040.

Summary: The amendment changes the rule wording to make the reserve in effect only during November through March. All game species, except for brant, can be hunted during established seasons April through October.

Reasons Supporting Proposal: The amendment is designed to allow increased recreation and protect the brant resource.

Name of Agency Personnel Responsible for Drafting and Implementation: Mike Kuttel, 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: See above.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on August 7-8, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 31, 1998, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Mike Kuttel, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by July 31, 1998.

Date of Intended Adoption: August 7, 1998.

June 30, 1998

Robin Ayers

for Evan Jacoby

Rules Coordinator

WAC 232-16-700  Swinomish Spit Game Reserve. It shall be unlawful to hunt wild animals and wild birds within the following described boundary November 1 through March 31, and it shall be unlawful to hunt brant at any time within the following described boundary: Beginning at the Burlington Northern railroad tracks on the west shoreline of the Swinomish Channel; thence in a northwesterly direction along the west side of the Swinomish Channel to the red channel mark buoy N "20" (as indicated on Navigation Map #18427, 13th Ed., July 16, 1983); thence 6,000 feet ENE (east-northeast); thence 3,300 feet SSE (south-southeast); thence 4,200 feet SW (southwest) to the dike at the south end of Padilla Bay; thence continue westerly along said dike to the intersection of the Burlington Northern railroad tracks and the east shoreline of the Swinomish Channel; thence continue along said railroad tracks (across swing bridge) to the west shoreline of the Swinomish Channel and the point of beginning.

[Statutory Authority: RCW 77.12.040. 84-21-046 (Order 249), § 232-16-700, filed 10/12/84.]

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