WSR 99-18-017

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-123-- Filed August 20, 1999, 3:44 p.m. ]

Date of Adoption: August 6, 1999.

Purpose: To provide recreational opportunity by adopting WAC 232-28-423 and amending WAC 232-16-690.

Citation of Existing Rules Affected by this Order: Amending WAC 232-16-690.

Statutory Authority for Adoption: RCW 77.12.040.

Adopted under notice filed as WSR 99-13-194 on June 23, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

August 18, 1999

Debbie Nelson

for Kelly D. White, Chairman

Fish and Wildlife Commission

OTS-3221.4


NEW SECTION
WAC 232-28-423
1999-2000 Migratory waterfowl seasons and regulations.


DUCKS


Western Washington


Oct. 9-20, 1999 and Oct. 22, 1999-Jan. 23, 2000


Special youth hunting day open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 25, 1999


Daily bag limit: 7 ducks--to include not more than 2 hen mallards, 1 pintail, 4 scaup, 2 redheads, 1 canvasback, 1 harlequin, 4 scoters, and 4 oldsquaws.

Possession limit: 14 ducks--to include not more than 4 hen mallards, 2 pintails, 8 scaup, 4 redheads, 2 canvasbacks, 1 harlequin, 8 scoters, and 8 oldsquaws.


Eastern Washington


Oct. 9-20, 1999 and Oct. 22, 1999-Jan. 23, 2000


Special youth hunting day open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 25, 1999


Daily bag limit: 7 ducks--to include not more than 2 hen mallards, 1 pintail, 4 scaup, 2 redheads, and 1 canvasback.

Possession limit: 14 ducks--to include not more than 4 hen mallards, 2 pintails, 8 scaup, 4 redheads, and 2 canvasbacks.


COOT (Mudhen)


Same areas, dates (including Youth Hunting Day), and shooting hours as the general duck season.

Daily bag limit: 25 coots.

Possession limit: 25 coots.


COMMON SNIPE


Same areas, dates (except Youth Hunting Day), and shooting hours as the general duck season.

Daily bag limit: 8 snipe.

Possession limit: 16 snipe.


GEESE (except Brant and Aleutian Canada Geese)


Special youth hunting day open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 25, 1999, state-wide except Western Washington Goose Management Area 2


Daily bag limit: 4 Canada geese


Western Washington Goose Seasons


Western Washington Goose Management Area 1

Island, Skagit, Snohomish counties


Oct. 9, 1999 - Jan. 2, 2000 for snow, Ross', or blue geese

Oct. 9, 1999 - Jan. 16, 2000 for other geese (except Brant and Aleutian Canada geese)


Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese


WRITTEN AUTHORIZATION REQUIRED TO HUNT SNOW GEESE. All persons hunting snow geese in this season are required to obtain a written authorization and Harvest Report from the Washington Department of Fish and Wildlife. Hunters who held a 1998 authorization and returned the Harvest Report prior to the deadline will be mailed a 1999 authorization in early October. Hunters who did not possess a 1998 authorization must fill out an application (available at Washington Department of Fish and Wildlife Olympia and Regional offices). Application forms must be delivered to a Department office no later than September 25 or postmarked on or before September 25 in order for applicants to be mailed a 1999 authorization before the season starts. No applications will be accepted after October 31, 1999. Immediately after taking a snow goose into possession, hunters must record in ink the information required on the Harvest Report. Return of the Harvest Report is mandatory. Those hunters not returning the Harvest Report to the Washington Department of Fish and Wildlife by January 31, 2000, will be ineligible to participate in the 2000 snow goose season.


Western Washington Goose Management Area 2

Grays Harbor, Pacific, Wahkiakum, Cowlitz, and Clark counties, except the area of Clark County south of the Washougal River and except the area of Grays Harbor County north of U.S. Highway 12 and west of U.S. Highway 101.


Open on the following days from 8:00 a.m. to 4:00 p.m.:


Saturdays, Sundays, Mondays, Wednesdays, and Thursdays only, Nov. 24, 1999 - Jan. 16, 2000, except closed Nov. 25 and Dec. 23-25, 1999.


Bag limits for all of Western Washington Goose Management Area 2:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, and not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and not more than 6 snow, Ross', or blue geese.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted (as shown in the Munsell color chart 10 YR, 5 or less) Canada goose with a culmen (bill) length of 40-50 mm.


The Canada goose season for Western Washington Goose Management Area 2 will be closed early if dusky Canada goose harvests exceed area quotas which collectively total 80 geese. The Fish and Wildlife Commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 80 duskys, to be distributed 10 for Zone 1 (Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the Kalama River); 20 for Zone 3 (Clark County private lands); 10 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); 10 for Zone 5 (Pacific County); and 5 for Zone 6 (Gray's Harbor County). Quotas may be shifted to other zones during the season to optimize use of the state-wide quota and minimize depredation.


Hunting is only permitted by written authorization from the Washington Department of Fish and Wildlife. Hunters who maintained a valid 1998 written authorization will be mailed a 1999 authorization card prior to the 1999 season. New hunters and those who did not maintain a valid 1998 authorization must review goose identification training materials and demonstrate adequate performance on a goose identification test to receive written authorization. Information on training materials and testing dates/locations is available at the Olympia and regional offices.


With written authorization, hunters will receive a Harvest Report. Hunters must carry the authorization card and Harvest Report while hunting. Immediately after taking a Canada goose (dusky, lesser/Taverner, cackling, or other subspecies) into possession, hunters must record in ink the information required on the Harvest Report. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the Harvest Report, written authorization will be invalidated and the hunter will not be able to hunt in Western Washington Goose Management Area 2 for the remainder of the season and the Special Late Canada Goose Season. It is unlawful to fail to comply with all provisions listed above for Western Washington Goose Management Area 2.


Western Washington Goose Management Area 2

Special Late Canada Goose Season

Open to Washington Department of Fish and Wildlife Advanced Hunter Education (AHE) program graduates possessing a valid 1999 southwest Washington Canada goose hunting authorization. Hunters qualifying for the season will be placed on a list for participation in this hunt. WDFW will assist landowners with contacting qualified hunters to participate in damage control hunts on specific agricultural lands incurring goose damage.


Open to AHE hunters only in areas with agricultural goose damage in Western Washington Goose Management Area 2 on the following days, from 7:00 a.m. to 4:00 p.m.:


Saturdays, Sundays, and Wednesdays, January 22-March 10, 2000


Daily bag limit: 4 Canada geese, to include not more than 1 dusky Canada goose.

Possession limit: 4 Canada geese, to include not more than 1 dusky Canada goose.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted Canada goose (as shown in the Munsell color chart 10 YR, 5 or less) with a culmen (bill) length of 40-50 mm.


The Special Late Canada Goose Season will be closed by emergency action if the harvest of dusky Canada geese exceeds 85 for the regular and late seasons. Hunting is only permitted by written authorization from the Washington Department of Fish and Wildlife. Hunters who maintained a valid 1998 written authorization will be mailed a 1999 authorization card prior to the 1999 season. New hunters and those who did not maintain a valid 1998 authorization must review goose identification training materials and demonstrate adequate performance on a goose identification test to receive written authorization. Information on training materials and testing dates/locations is available at the Olympia and Regional offices.


With written authorization, hunters will receive a Special Late Canada Goose Season authorization card and Harvest Report. Hunters must carry the authorization card and Harvest Report while hunting. Immediately after taking a Canada goose (dusky, lesser/Taverner, or other subspecies) into possession, hunters must record in ink the information required on the Harvest Report. Hunters must check in prior to the hunt, and after the hunt must go directly to the nearest check station when leaving a hunt site, before 5:00 p.m. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding check station reporting and recording harvest on the Harvest Report, written authorization will be invalidated and the hunter will not be able to hunt in the Special Late Canada Goose Season for the remainder of the season. It is unlawful to fail to comply with all requirements listed above for the Special Late Canada Goose Season.


Western Washington Goose Management Area 3

Includes all parts of Western Washington not included in Western Washington Goose Management Areas 1 and 2.


Oct. 9, 1999 - Jan. 16, 2000


Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.


Eastern Washington Goose Seasons


Eastern Washington Goose Management Area 1

Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla counties.


Saturdays, Sundays, and Wednesdays only, from Oct. 9, 1999 - Jan. 10, 2000, Nov. 11, 25, 26, 1999, and every day Jan. 10-16, 2000.


Eastern Washington Goose Management Area 2

Includes all other parts of Eastern Washington not included in Eastern Washington Goose Management Area 1.


Every day, from Oct. 9, 1999 - Jan. 16, 2000.


Bag limits for all Eastern Washington Goose Management Areas:

Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.


BRANT

Open in Skagit and Pacific counties only


Open in Skagit and Pacific counties on the following dates:

Jan. 8, 9, 12, 13, 15, 16, 17, 22, 23, 2000


In 1999, the brant wintering population in Padilla/Samish/Fidalgo bays remained below objective levels. If the 1999-2000 preseason wintering brant population in Skagit County is below 6,000 (as determined by the winter survey in late December/early January), the brant season in Skagit County will be closed.


WRITTEN AUTHORIZATION REQUIRED: All hunters participating in this season are required to obtain a written authorization and Harvest Report from the Washington Department of Fish and Wildlife. Hunters who held a 1998 authorization and returned the Harvest Report prior to the deadline will be mailed a 1999 authorization in December. Hunters who did not possess a 1998 authorization must fill out an application (available at Washington Department of Fish and Wildlife Regional offices). Application forms must be delivered to a Department office no later than 5:00 p.m. on November 10 or postmarked on or before November 10, after which applicants will be mailed a 1999 authorization in early December. Late applications will not be accepted. Immediately after taking a brant into possession, hunters must record in ink the information required on the Harvest Report. Return of the Harvest Report is mandatory. Those hunters not returning the Harvest Report to the Washington Department of Fish and Wildlife by January 31, 2000, will be ineligible to participate in the 2000 brant season.


Bag limits for Skagit and Pacific counties:

Daily bag limit: 2 brant.

Possession limit: 4 brant.


ALEUTIAN CANADA GEESE AND SWANS


Season closed state-wide.


FALCONRY SEASONS


DUCKS AND COOTS (Falconry)

(Bag limits include geese, snipe, and mourning doves.)


Western Washington


Oct. 9-20, 1999 and Oct. 22, 1999-Jan. 23, 2000

Daily bag limit: 3, straight or mixed bag with geese, snipe, and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with geese, snipe, and mourning doves during established seasons.


Eastern Washington


Oct. 9-20, 1999 and Oct. 22, 1999-Jan. 23, 2000

Daily bag limit: 3, straight or mixed bag with geese, snipe, and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with geese, snipe, and mourning doves during established seasons.


GEESE (Falconry)

(Bag limits include ducks, coot, snipe, and mourning doves.)


Oct. 9, 1999 - Jan. 16, 2000, state-wide, except Western Washington Goose Management Area 2:


Western Washington Goose Management Area 2: Nov. 24, 1999-Jan. 16, 2000 and Jan. 22, 2000-Mar. 10, 2000; except closed Nov. 25 and Dec. 23-25, 1999.


Daily bag limit: 3, straight or mixed bag with ducks, coot, snipe, and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with ducks, coot, snipe, and mourning doves during established seasons.


SNIPE (Falconry)

(Bag limits include ducks, coots, geese, and mourning doves.)


Oct. 9-20, 1999 and Oct. 22, 1999-Jan. 23, 2000 state-wide

Daily bag limit: 3, straight or mixed bag with ducks, coots, geese and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with ducks, coots, geese and mourning doves during established seasons.

[]

OTS-3223.2


AMENDATORY SECTION(Amending Order 98-157, filed 8/13/98, effective 9/13/98)

WAC 232-16-690
Bayview Game Reserve.

It shall be unlawful to hunt wild animals and wild birds within the following described boundary November ((1)) 16 through March 31, and it shall be unlawful to hunt brant at any time within the following described boundary: Beginning at a point on the Bayview-Edison Road ((750)) 240 feet ((south)) north of the intersection of the Bayview Cemetery entrance road; thence 4,000 feet WNW (west-northwest); thence 5,750 feet NNW (north-northwest); thence 3,750 feet ENE (east-northeast) to the northwest corner of Padilla Bay tract no. 532; thence east to the northeast corner of Padilla Bay tract no. 532; thence SSE (south-southeast) to the Bayview-Edison Road; thence southerly along said road to the point of beginning.

[Statutory Authority: RCW 77.12.040.  98-17-047 (Order 98-157), 232-16-690, filed 8/13/98, effective 9/13/98; 83-18-043 (Order 217), 232-16-690, filed 9/1/83.]

Washington State Code Reviser's Office