WSR 97-01-115

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed December 19, 1996, 10:24 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-149.

Title of Rule: To amend WAC 232-28-262 1997 Bighorn sheep auction permits.

Purpose: To amend WAC 232-28-262 1997 Bighorn sheep auction permits, this amendment limits the area for hunting bighorn sheep if a person gets a bighorn sheep auction permit.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: See above.

Reasons Supporting Proposal: A disease outbreak earlier this year severely reduced populations of bighorn sheep in the Blue Mountains.

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

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment limits the area for hunting bighorn sheep after obtaining an auction permit. There are several other areas that hunting is still allowed.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules involve personal use hunting, and do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington 98368, on January 31 - February 1, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 20, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942, by January 20, 1997.

Date of Intended Adoption: January 31, 1997.

December 19, 1996

Evan Jacoby

Legal Counsel

[AMENDATORY SECTION (Amending WSR 96-12-054, filed 5/31/96)]

WAC 232-28-262 1997 Bighorn sheep auction permits.

auctioning of permit

The Director will select a conservation organization(s) to conduct the 1997 auction. Selection of the conservation organization will be based on criteria developed by the Washington Department of Fish and Wildlife. The organization shall notify the Department of the name and address of the successful bidder within ten days of the auction.

auction permit hunt(s)

species - one bighorn sheep permit

Hunting Season Dates: September 1 - October 31, 1997

Hunt Area: ((Anywhere in eastern Washington south of Interstate 90.)) Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Clemon Mountain), or Sheep Unit 12 (Lincoln Cliffs).

Bag Limit: One Bighorn Ram

auction hunt permittee rules

(1) Permittee shall contact the appropriate regional office of the Department of Fish and Wildlife when entering the designated hunt area.

(2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a firearm and harvest an animal.

(3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.

(4) If requested by the Department, the permittee is required to direct Department officials to the site of the kill.

(5) The permittee will present the head and carcass of the bighorn sheep killed to any Department office within 72 hours of date of kill.

[Statutory Authority: RCW 77.12.040, 77.12.700 and 77.12.010. 96-12-054, 232-28-262, filed 5/31/96, effective 7/1/96.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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