WSR 03-06-066

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 3, 2003, 2:08 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-01-052.

     Title of Rule: Recreational hunting rules.

     Purpose: Amend rule regarding landowner damage hunts.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Update and increase number of potential landowner damage permits for elk. Provide for flexibility in issuance of permits.

     Reasons Supporting Proposal: The current rule is outdated, and increased flexibility will reduce payment of damage claims.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: 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: The current permit quota for elk is one hundred. Although this has been a mild winter, the department has issued approximately eighty elk kill permits. Under more sever conditions, it is anticipated that the quota would be met and additional permits would be needed to prevent payment of land owner damage claims. The dates are changed as a housekeeping measure, and the permit will specify what animals can be taken.

     Proposal Changes the Following Existing Rules: Changes landowner damage hunt permits.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects issuance of permits to landowners to control depredation by deer and elk and has no direct effect on small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Moses Lake Convention Center, 1475 Nelson Road N.E., Moses Lake, WA 98837, on April 11-12, 2003, begins at 8:00 a.m. on April 11, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by April 4, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155 by April 4, 2003.

     Date of Intended Adoption: April 11, 2003.

March 3, 2003

Evan Jacoby

Rules Coordinator

OTS-6254.1


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

WAC 232-28-266   ((2000-2001, 2001-2002, 2002-))2003-2004, 2004-2005, 2005-2006 Landowner damage hunts.  


LANDOWNER DAMAGE HUNTS


Deer:

Tag Required: Deer hunter must have a current valid, unaltered, unnotched deer tag on his/her person.


Hunting Method: Any legal weapon.


Season Framework:

((2000-2001)) 2003-2004 ((2001-2002)) 2004-2005 ((2002-2003)) 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31
Location: Statewide


Legal Deer: ((Antlerless Only)) Any deer authorized under the permit.


Kill Quota: 600 Statewide


Elk:


Tag Required: Elk hunter must have a current valid, unaltered, unnotched elk tag on his/her person.


Hunting Method: Any legal weapon


Season Framework:

((2000-2001)) 2003-2004 ((2001-2002)) 2004-2005 ((2002-2003)) 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31
Location: Statewide


Legal Elk: ((Antlerless Only)) Any elk authorized under the permit.


Kill Quota: ((100)) 200 Statewide


Special Notes: A landowner with deer/elk damage will enter into a Cooperative Agreement with WDFW and establish a boundary for deer/elk hunt, season dates within the framework and number of animals to be removed. Landowner agrees not to claim damage payments and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A landowner damage access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-266, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-05-074, § 232-28-266, filed 2/19/97, effective 3/22/97.]

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