WSR 07-13-044




[ Filed June 14, 2007, 1:57 p.m. ]

Continuance of WSR 07-09-084.

Preproposal statement of inquiry was filed as WSR 07-05-086.

Title of Rule and Other Identifying Information: New chapter 232-13 WAC, Public conduct in wildlife areas and access sites owned or controlled by the department of fish and wildlife; and repealing WAC 232-12-174 Domestic animals on department lands, 232-12-177 Vehicles using department lands, 232-12-184 Aircraft -- Authorized use on department lands, 232-12-187 Access areas -- Other department lands -- Wildlife agent to control traffic thereon, and 232-12-251 Removal of minerals, wood, and artifacts from department lands.

Hearing Location(s): Seafarer's Memorial Park Building, 601 14th Street, Anacortes, WA 98221, (360) 293-0694, on August 3-4, 2007, at 8:00 a.m.

Date of Intended Adoption: October 12-13, 2007.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2162, by July 17, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 31, 2007, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New chapter 232-13 WAC, the purpose of this new chapter is to establish allowed and prohibited activities on department of fish and wildlife owned or controlled lands, waters, or access areas. These include activities relating to: Aircraft use, proper behavior and conduct, camping, commercial use or activities, dumping and sanitation, erecting structures, firearms and target practice, fireworks, livestock, parking, pets, resource removal, and vehicle use. It also establishes the authority to regulate public use, clarifies enforcement authority, and establishes violations of this chapter as misdemeanors.

Repeal WAC 232-12-174, 232-12-177, 232-12-184, 232-12-187 and 232-12-251: These WAC topics will be incorporated into new chapter 232-13 WAC.

Reasons Supporting Proposal: The department's paramount responsibilities are to preserve, protect, perpetuate, and manage the fish and wildlife species of the state and maximize opportunities for people to hunt, fish, and appreciate fish and wildlife. It has been observed in recent years that many activities currently occurring on department lands are inconsistent with fish and wildlife management goals, damage habitat, disturb wildlife, or prevent others from enjoying fish and wildlife recreational opportunities. This new chapter serves to curb these undesirable effects. Regulations directing public use activities are currently scattered among other regulations. There is a need to consolidate them under one heading for clarity, better enforcement, and to ultimately allow the department to fulfill its responsibilities.

Statutory Authority for Adoption: RCW 77.12.210, 77.12.880.

Statute Being Implemented: RCW 77.12.210, 77.12.880.

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

Name of Proponent: Washington fish and wildlife commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule[s] regulate the use of department owned or controlled lands and do not pose an additional cost to small business beyond what is already required.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 14, 2007

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office