WSR 01-05-138

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 21, 2001, 11:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-02-081.

Title of Rule: WAC 232-12-068 Nontoxic shot requirements.

Purpose: To amend WAC 232-12-068 Nontoxic shot requirements.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: This amendment clarifies existing language, adds another type of nontoxic shot to the list of approved shot, and adds more areas where nontoxic shot use is required.

Reasons Supporting Proposal: Lead shot is currently used for target shooting and hunting of game birds (other than waterfowl, coot, and snipe) and game animals in areas used by waterfowl and other wildlife. Elimination of lead shot will result in healthier wildlife populations for specific problem areas on WDFW lands and WDFW-operated pheasant release sites, where lead deposition poses potential hazards to wildlife.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington 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: This amendment reduces mortalities caused by lead shot poisoning and increases the health of wildlife populations.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.

Hearing Location: Ramada Inn, International Airport, 8909 Airport Road, Spokane, WA 99219, (509) 838-5211, on April 6-7, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 30, 2001, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 30, 2001.

Date of Intended Adoption: April 6, 2001.

February 21, 2001

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 00-50, filed 5/23/00, effective 6/23/00)

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 (((nominally)) 97 parts bismuth: 3 parts tin with <1 percent residual lead), tungsten-iron shot (((nominally)) 40 parts tungsten: 60 parts iron with <1 percent residual lead), tungsten-polymer shot (((nominally)) 95.5 parts tungsten: 4.5 parts ((polymer)) nylon 6 or 11 with <1 percent residual lead), tungsten-matrix shot (((nominally)) 95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead), ((or)) tin shot (99.9 percent tin with <1 percent residual lead), or tungsten-nickel-iron shot (50% tungsten: 35% nickel: 15% iron with <1 percent residual lead).

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:

Bridgeport Bar segment of the Well's Wildlife Area

((Chehalis River pheasant release site))

Cowlitz Wildlife Area

((Dungeness Recreation Area

Hunter Farms pheasant release site))

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

((Raymond Airport pheasant release site))

Shillapoo Wildlife Area

Skagit Wildlife Area (all segments)

Snoqualmie Wildlife Area (all segments)

Sunnyside Wildlife Area

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

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 pheasant release site

[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.]

Washington State Code Reviser's Office