WSR 10-21-120




[ Filed October 20, 2010, 11:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-02-074 on January 5, 2010.

Title of Rule and Other Identifying Information: WAC 232-12-251 Removal of minerals, wood and artifacts from department lands.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on December 3-4, 2010, at 8:30 a.m.

Date of Intended Adoption: On or after January 7, 2011.

Submit Written Comments to: Lori Preuss, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail, fax (360) 902-2155, by November 24, 2010.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2010, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department currently lacks the ability to prohibit people from cutting down snags and taking mushrooms and berries on land it owns or controls.

Reasons Supporting Proposal: Snags provide habitat for many species. This proposal will protect that habitat from destruction. The proposal will also minimize the amount of downed dead wood that people can collect and use on the department's lands, and it will limit the amount of mushrooms that can be taken, to conserve these resources.

Statutory Authority for Adoption: RCW 77.04.012 and 77.12.047.

Statute Being Implemented: RCW 77.04.012 and 77.12.047.

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

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

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street S.E., Olympia, (360) 902-2930; Implementation: Mike Cenci, 1111 Washington Street S.E., Olympia, (360) 902-2938; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule only affects recreational use of department lands.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

October 20, 2010

Lori Preuss

Rules Coordinator


AMENDATORY SECTION(Amending Order 437, filed 5/11/90, effective 6/11/90)

WAC 232-12-251   Removal of minerals, wood and artifacts from department lands.   (1) Except as provided below, it is unlawful to cut down or remove dead standing timber, live trees, wood, soil, petrified wood, minerals, fossils, ((wood products)) plants, mushrooms, berries, or artifacts from department lands unless such ((removal)) activity is authorized by a permit issued by the director.

(a) Downed dead wood for camping on department lands may be collected without a department permit in a quantity not to exceed one-half cord. However, such wood may not be transported from department lands.

(b) Mushrooms or berries may be collected for personal use without a permit in quantities not to exceed the following limits:

(i) For wild edible mushrooms, five United States gallons; and

(ii) For berries, no limit.

(2) Unlawful cutting down or removal of dead standing timber, live trees, wood, soil, petrified wood, minerals, fossils, or plants constitutes theft under chapter 9A.56 RCW.

(3) Unlawful removal or exceeding limits for downed dead wood, mushrooms, or berries is punishable under RCW 77.15.230.

[Statutory Authority: RCW 77.12.210 and 77.12.320. 90-11-049 (Order 437), 232-12-251, filed 5/11/90, effective 6/11/90. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-251, filed 6/1/81. Formerly WAC 232-12-550.]

Washington State Code Reviser's Office