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Washington State Register, Issue 12-18 WSR 12-18-001

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Washington State Register, Issue 12-18 WSR 12-18-001 Washington State Register, Issue 12-18 WSR 12-18-001 ERRATUM WSR 12-17-114 PERMANENT RULES Due to an inadvertent error WSR 12-16-095 and 12-17- WASHINGTON STATE PATROL 114 incorrectly stated the effective date as immediately. [Filed August 21, 2012, 8:50 a.m., effective September 21, 2012] These effective dates should have been thirty-one days after filing. The corrected forms are shown below. Effective Date of Rule: Thirty-one days after filing. Purpose: Rule changes are needed to coincide with recent legislative changes in 2012 with the passage of ESB 6296. The changes include, but may not be limited to, updat- WSR 12-16-095 ing the language to allow for an individual to obtain a copy of their nonconviction criminal history for a fee. PERMANENT RULES Citation of Existing Rules Affected by this Order: DEPARTMENT OF Amending 6 [WAC 446-20-090, 446-20-100, 446-20-285, SOCIAL AND HEALTH SERVICES 446-20-300, 446-20-310, and 446-20-600]. (Aging and Disability Services Administration) Statutory Authority for Adoption: Chapters 10.97 and 43.43 RCW. [Filed August 1, 2012, 7:00 a.m., effective September 1, 2012] Adopted under notice filed as WSR 12-13-082 on June 19, 2012. Effective Date of Rule: Thirty-one days after filing. Changes Other than Editing from Proposed to Adopted Purpose: SSB 6384 directed the department to ensure Version: Removed language under WAC 446-20-285(2). that persons with developmental disabilities be given the Number of Sections Adopted in Order to Comply with opportunity to transition to a community access program Federal Statute: New 0, Amended 0, Repealed 0; Federal after enrollment in an employment program. Therefore, the Rules or Standards: New 0, Amended 0, Repealed 0; or department is amending sections in chapter 388-845 WAC as Recently Enacted State Statutes: New 0, Amended 6, necessary. In addition, these clarify current definitions in Repealed 0. rule to promote consistent expectations for reporting and Number of Sections Adopted at Request of a Nongov- tracking of employment and community access services and ernmental Entity: New 0, Amended 0, Repealed 0. rules regarding the CIIBS program are amended to address Number of Sections Adopted on the Agency's Own Ini- the requirement to access medicaid services first. tiative: New 0, Amended 6, Repealed 0. Citation of Existing Rules Affected by this Order: Number of Sections Adopted in Order to Clarify, Amending WAC 388-845-0001, 388-845-0041, 388-845- Streamline, or Reform Agency Procedures: New 0, 0120, 388-845-0506, 388-845-0600, 388-845-0610, 388- Amended 6, Repealed 0. 845-1210, 388-845-1850, 388-845-2005, and 388-845-2170. Number of Sections Adopted Using Negotiated Rule Statutory Authority for Adoption: RCW 74.08.090, Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- 74.09.520. ing: New 0, Amended 0, Repealed 0; or Other Alternative Other Authority: SSB 6384. Rule Making: New 0, Amended 0, Repealed 0. Adopted under notice filed as WSR 11-23-155 on Date Adopted: August 17, 2012. November 22, 2011, and WSR 12-09-072 on May 22 [April John R. Batiste 17], 2012. Chief Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 10, WSR 12-18-001 Repealed 0. PERMANENT RULES Number of Sections Adopted at Request of a Nongov- DEPARTMENT OF ernmental Entity: New 0, Amended 0, Repealed 0. FISH AND WILDLIFE Number of Sections Adopted on the Agency's Own Ini- [Order 12-191—Filed August 22, 2012, 3:25 p.m., effective September 22, tiative: New 0, Amended 0, Repealed 0. 2012] Number of Sections Adopted in Order to Clarify, Effective Date of Rule: Thirty-one days after filing. Streamline, or Reform Agency Procedures: New 0, Purpose: New WAC 232-28-436 specifies legal season Amended 0, Repealed 0. dates, bag limits, and open areas to hunt waterfowl, coot, and Number of Sections Adopted Using Negotiated Rule snipe for the 2012-13 hunting season. Waterfowl seasons Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- and regulations are developed based on cooperative manage- ing: New 0, Amended 0, Repealed 0; or Other Alternative ment programs among states of the Pacific Flyway and the Rule Making: New 4, Amended 10, Repealed 0. United States Fish and Wildlife Service, considering popula- Date Adopted: July 30, 2012. tion status and other biological parameters. The rule estab- lishes waterfowl seasons and regulations to provide recre- Katherine I. Vasquez ational opportunity, control waterfowl damage, and conserve Rules Coordinator the waterfowl resources of Washington. [ 1 ] Permanent WSR 12-18-001 Washington State Register, Issue 12-18 The amendment to WAC 232-16-440 is intended to NW corner of the SE1/4 of the NE1/4 of Section 28, Town- eliminate the Toppenish Creek #2 reserve due to hydrology ship 10, Range 20; thence south one-quarter mile; thence east changes that have significantly reduced the value of the one-quarter mile; thence south three-quarters mile to the SW reserve to waterfowl. This will allow additional public hunt- corner of the NW1/4 of the NW1/4 of Section 34; thence east ing recreation for upland birds on United States Fish and three-quarters mile; thence south one-quarter mile; thence Wildlife Service lands on the Toppenish National Wildlife east three-quarters mile to center of Section 35; thence north Refuge. one and one-quarter miles to place of beginning. All in Citation of Existing Rules Affected by this Order: Township 10 north, Range 20E.W.M. Repealing WAC 232-28-435; and amending WAC 232-16- (((2) Toppenish Creek Game Reserve No. 2, (Upper 440. Toppenish Creek) Yakima County. it shall be unlawful to Statutory Authority for Adoption: RCW 77.04.012, hunt or trap within said area: 77.04.055, 77.12.047, 77.32.070. All of Section 21; the west half of the northwest quarter Other Authority: C.F.R. Title 50, Part 20; Migratory of Section 22; the west half of the southwest quarter of Sec- Bird Treaty Act. tion 22; the southeast quarter of southwest quarter of Section Adopted under notice filed as WSR 12-13-105 on June 22; the south half of the northeast quarter of southwest quar- 20, 2012. ter of Section 22; the north half of north half of Section 28; Changes Other than Editing from Proposed to Adopted north half of northwest quarter of Section 27; north half of the Version: No changes were made to WAC 232-16-440 or southeast quarter of northwest quarter of Section 27; all being 232-28-435 since the proposal. In WAC 232-28-436, the fol- in Township 10 north, Range 18E.W.M.)) lowing changes were made since the initial rule proposal filed under WSR 12-13-105 on June 20, 2012. REPEALER Under the first section, Ducks (Statewide), the restricted scaup season dates and bag limits were removed due to The following section of the Washington Administrative increases in numbers of greater and lesser scaup, which are Code is repealed: now above season liberalization thresholds. Under the Goose Management Area 5 section, the season WAC 232-28-435 2011-12 Migratory water- dates were changed from October 13-17 to October 13-15 to fowl seasons and regulations. comply with the one hundred seven day federal framework for geese. NEW SECTION Under the Geese (Falconry) section, the season dates for Goose Management Areas 3-5 were changed from October WAC 232-28-436 2012-13 Migratory waterfowl sea- 13-25 to October 13-14 to comply with the one hundred sons and regulations. seven day federal framework for geese. DUCKS Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Statewide: Oct. 13-17, 2012 and Oct. 20, 2012 - Jan. 27, Rules or Standards: New 1, Amended 0, Repealed 1; or 2013. Recently Enacted State Statutes: New 0, Amended 0, Special youth hunting weekend open only to hunters 15 years Repealed 0. of age or under (must be accompanied by an adult at least 18 Number of Sections Adopted at Request of a Nongov- years old who is not hunting): Sept. 22-23, 2012. ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- Daily Bag Limit: 7 ducks, to include not more than 2 hen tiative: New 0, Amended 1, Repealed 0. mallard, 2 pintail, 1 canvasback, and 2 redhead statewide; Number of Sections Adopted in Order to Clarify, and to include not more than 1 harlequin, 2 scoter, 2 long- Streamline, or Reform Agency Procedures: New 0, tailed duck, and 2 goldeneye in Western Washington. Amended 0, Repealed 0. Possession Limit: 14 ducks, to include not more than 4 hen Number of Sections Adopted Using Negotiated Rule mallard, 4 pintail, 2 canvasback, and 4 redhead statewide; Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- and to include not more than 1 harlequin, 4 scoter, 4 long- ing: New 0, Amended 0, Repealed 0; or Other Alternative tailed duck, and 4 goldeneye in Western Washington. Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: August 3, 2012. Season Limit: 1 harlequin in Western Washington. Miranda Wrecker, Chair AUTHORIZATION AND HARVEST RECORD CARD REQUIRED Fish and Wildlife Commission TO HUNT SEA DUCKS Hunters must possess a special 2012-2013 hunting authoriza- AMENDATORY SECTION (Amending Temporary Regula- tion and harvest record card for sea ducks when hunting har- tion 256 (part), filed 9/8/66) lequin, scoter, long-tailed duck, and goldeneye in Western WAC 232-16-440 Toppenish Creek Game Reserve.
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