WSR 03-13-088




[ Filed June 16, 2003, 4:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-120.

Title of Rule: Recreational hunting rules.

Purpose: Amend nontoxic shot rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: The United States Fish and Wildlife Service (USFWS) has approved a new nontoxic shot and determined that a type in use is toxic.

Reasons Supporting Proposal: Conform Washington and federal nontoxic shot rules.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2504; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: 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: Nontoxic shot reduces waterfowl mortality. Although USFWS approved tin shot, further study has shown this type of shot is toxic. Tin shot is being removed from the approved list, and tungsten-iron-nickel-tin shot is being added. This will provide an additional nontoxic shot while reducing mortality from injested shot.

Proposal Changes the Following Existing Rules: Amend nontoxic shot rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects recreational hunters, not small businesses.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504, on July 22, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 18, 2003, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 21, 2003.

Date of Intended Adoption: July 22, 2003.

June 16, 2003

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 01-157, filed 8/20/01, effective 9/20/01)

WAC 232-12-068   Nontoxic shot requirements.   It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes steel shot, bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent residual lead), tungsten-iron shot (40 parts tungsten: 60 parts iron with <1 percent residual lead), tungsten-polymer shot (95.5 parts tungsten: 4.5 parts nylon 6 or 11 with <1 percent residual lead), tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead), ((tin shot (99.9 percent tin with <1 percent residual lead))) tungsten-iron-nickel-tin shot (65% tungsten: 10.4% iron: 2.8% nickel: 21.8% tin, with <1 percent residual lead), or tungsten-nickel-iron shot (50% tungsten: 35% nickel: 15% iron with <1 percent residual lead). The director may adopt additional nontoxic shot types consistent with federal regulations.

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

Bridgeport Bar segment of the Well's Wildlife Area

Cowlitz Wildlife Area

Lake Terrell Wildlife Area (including Tennant Lake and other segments)

Shillapoo Wildlife Area

Skagit Wildlife Area (all segments)

Snoqualmie Wildlife Area (all segments)

Sunnyside Wildlife Area

The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area

Vancouver Lake Wildlife Area

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:

Chehalis River pheasant release site

Dungeness Recreation Area

Hunter Farms pheasant release site

Raymond Airport pheasant release site

Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge

Whidbey Island Seaplane Base, OLF Coupeville, and Bayview pheasant release sites

[Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), 232-12-068, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-068, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) 232-12-068, filed 9/1/95, effective 10/2/95.]

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