Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-02-102.

     Purpose: Amend WAC 232-28-273 Moose, bighorn sheep and mountain goat seasons and permit quotas and 232-28-291 Special hunting season permits.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: WAC 232-28-273, the recommended changes are: Establishing 2003 seasons with adjustments in permit quotas based on population objectives; creating a persons of disability moose hunt in GMU 117; and changing the once in a lifetime draw rule to once in a lifetime harvest for these species.

     WAC 232-28-291, the recommended changes are: (1) Change from a once in a lifetime draw restriction to once in a lifetime harvest restriction for moose, bighorn sheep and mountain goat, except for individuals who harvested a mountain goat prior to 1999; and (2) establish rules for a second "B" tag for special big game permits.

     Reasons Supporting Proposal: WAC 232-28-273, recommended adjustments in permit quotas are based on meeting population objectives for each species as indicated in the game management plan.

     WAC 232-28-291, (1) address hunter preferences, and (2) establish permit system for damage hunts.

     Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Natural Resources Building, 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: WAC 232-28-273, rule establishes 2003 seasons and permit quotas for moose, bighorn sheep, and mountain goats. The purpose of the rule is to maximize recreational hunting opportunities for these species while meeting the population and recreational objectives for each herd as indicated in the game management plan. The anticipated effect is stable to increasing populations of these hunting species.

     WAC 232-28-291, rule establishes regulations for special hunting season permits for big game species. The purpose of the rule and recommendations is to provide permit only hunting season opportunities consistent with biological objectives and hunter preferences. The anticipated effect is higher hunter satisfaction for moose, bighorn sheep, and mountain goat, and a permit system to establish game species damage seasons.

     Proposal Changes the Following Existing Rules: WAC 232-28-273, provides calendar date changes to establish 2003 seasons and permit quotas, creates a persons of disability moose hunt in GMU 117, and changes the once in a lifetime permit draw restriction to once in a lifetime harvest for these species.

     WAC 232-28-291, changes from once in a lifetime draw to once in a lifetime harvest for moose, bighorn sheep, and mountain goat. Establishes "B" tags for big game damage hunts.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

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

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

     Assistance for Persons with Disabilities: Contact Susan Yeager by April 7, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Washington Department of Fish and Wildlife, Attn: Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 25, 2003.

     Date of Intended Adoption: April 11, 2003.

March 5, 2003

Evan Jacoby

Rules Coordinator

((2002)) 2003 Moose Permit Hunts

    
Who May Apply: Anyone may apply; EXCEPT those who ((drew)) harvested a moose ((permit)) previously in Washington State. ((Only)) An individual may only harvest one moose ((permit will be issued)) during ((an individual's)) their lifetime (waived for Mt. Spokane youth hunt, 49 Degrees North B hunt, and raffle and auction hunts).

Bag Limit: One moose of either sex, EXCEPT antlerless only for the 49 Degrees North B persons with Disabilities Hunt, Mt. Spokane B Hunt and the Mt. Spokane Youth Hunt.

Weapon restrictions: Permit holders may use any legal weapon.

Hunt Name	Permit Season	Permit Hunt Boundary Description	Special Restrictions	((2002)) 2003 Permits
Kettle Range	Oct. 1-Nov. 30	GMU 101, 105	((Any Legal Weapon)) Any Moose	1
Selkirk Mtns.	Oct. 1-Nov. 30	GMU 113	((Any Legal Weapon)) Any Moose	((18)) 20
Mt. Spokane A	Oct. 1-Nov. 30	GMU 124, east of Hwy 395	((Any Legal Weapon)) Any Moose	((15)) 10
Mt. Spokane B	Oct. 1-Nov. 30	GMU 124, east of Hwy 395	((Any Legal Weapon)) Antlerless Only	((15)) 12
Mt. Spokane Youth Only.a((*))	Oct. 1-Nov. 30	GMU 124, east of Hwy 395	((Any Legal Weapon)) Antlerless Only	((10)) 8
49 Degrees North	Oct. 1-Nov. 30	GMU 117	((Any Legal Weapon)) Any Moose	22
49 Degrees North Bb	Oct. 1-Nov. 30	GMU 117	Antlerless Only	3
Three Forks	Oct. 1-Nov. 30	((GMU 109)) GMUs 108, 111	((Any Legal Weapon)) Any Moose	6
Hangman	Oct. 1-Nov. 30	GMU 127, 130	((Any Legal Weapon)) Any Moose	((5)) 8
Huckleberry Range	Oct. 1-Nov. 30	GMU 121, 124 west of Hwy 395	((Any Legal Weapon)) Any Moose	((2)) 4

((*)) ^aApplicants must be eligible to purchase a youth moose permit application. Youth hunters must be accompanied by an adult during the hunt.

^bApplicants must possess a Disabled Hunter Permit.

((2002)) 2003 Mountain Sheep (Bighorn) Permit Hunts

Who May Apply: Anyone may apply; EXCEPT those who ((drew)) harvested a bighorn ((permit)) sheep previously in Washington State. ((Only)) An individual may only harvest one bighorn sheep ((permit will be issued)) during ((an individual's)) their lifetime. (Waived for raffle and auction hunts.)

Bag Limit: One bighorn ram.    

    

Hunt Name	Permit Season	Permit Hunt Boundary Description	Special Restrictions	((2002)) 2003 Permits
Selah Butte	Sept. 15-Oct. 10	Sheep Unit 4	Any Legal Weapon	((3)) 6
Umtanum	Sept. 15-Oct. 10	Sheep Unit 5	Any Legal Weapon	4
Cleman Mountain	Sept. 15-Oct. 10	Sheep Unit 7	Any Legal Weapon	3
Mt. Hull	Sept. 15-Oct. 10	Sheep Unit 10	Any Legal Weapon	((0)) 1
Lincoln Cliffs	Sept. 15-Oct. 10	Sheep Unit 12	Any Legal Weapon	1
Quilomene	Sept. 15-Oct. 10	Sheep Unit 13	Any Legal Weapon	((8)) 7
Swakane	Sept. 15-Oct. 10	Sheep Unit 14	Any Legal Weapon	1

Mountain (Bighorn) Sheep Units:

Sheep Unit 4 Selah Butte: Permit Area: That part of Yakima and Kittitas counties between Ellensburg and Yakima east of the Yakima River and north of Selah Creek, west of Interstate 82 and south of Interstate 90.

Sheep Unit 5 Umtanum: Permit Area: Those portions of Yakima and Kittitas counties west of the Yakima River, north of Wenas Creek, and east of USFS Road 1701 to Manastash Lake and its drainage; south and east along the South Fork Manastash Creek to Manastash Creek and the Yakima River.

Sheep Unit 7 Cleman Mountain: Permit Area: That part of Yakima County south of Wenas Creek and east of USFS Road 1701, north of Highway 410 and Highway 12 and west of the Yakima River.

Sheep Unit 10 Mt. Hull: Permit Area: That part of Okanogan County within the following described boundary: Beginning at Oroville; then south along U.S. Highway 97 to the Swanson's Mill Road (old Mt. Hull Road) near Lake Andrews; then east to the Dry Gulch Road; then north to the Oroville-Toroda Creek Road (Molson Grade Road); then west to Oroville and the point of beginning.

    
Sheep Unit 12 Lincoln Cliffs: Permit Area: That part of Lincoln County north of Highway 2.

Sheep Unit 13 Quilomene: Permit Area: GMU 329.

Sheep Unit 14 Swakane: Permit Area: GMU 250.

((2002)) 2003 Mountain Goat Permit Hunts

Who May Apply: Anyone may apply; except those who ((drew)) harvested a mountain goat ((permit)) in Washington ((state after 1998)) State after 1998. ((Starting in 1999, only one mountain goat permit will be issued during an individual's lifetime.)) An individual may only harvest one mountain goat during their lifetime, except for those who harvested a goat prior to 1999. (Waived for raffle and auction hunts.)

Bag Limit: One (1) adult goat of either sex with horns four (4) inches or longer. WDFW urges hunters to refrain from shooting nannies with kids. Permit hunters may start hunting Sept. 1 with archery equipment.

Hunt Name	Permit Season	Permit Hunt Boundary Description	Special Restrictions	((2002)) 2003 Permits
Chelan North	Sept. 15-Oct. 31	Goat Unit 2-1	Any Legal Weapon	1
Methow	Sept. 15-Oct. 31	Goat Unit 2-2	Any Legal Weapon	2
Naches Pass	Sept. 15-Oct. 31	Goat Unit 3-6	Any Legal Weapon	((2)) 1
Bumping River	Sept. 15-Oct. 31	Goat Unit 3-7	Any Legal Weapon	2
((Tieton River))	((Sept. 15-Oct. 31))	((Goat Unit 3-9))	((Any Legal Weapon))	((3))
Blazed Ridge	Sept. 15-Oct. 31	Goat Unit 3-10	Any Legal Weapon	1
Kachess Ridge	Sept. 15-Oct. 31	Goat Unit 3-11	Any Legal Weapon	((1)) 0
Jack Mountain	Sept. 15-Oct. 31	Goat Unit 4-9	Any Legal Weapon	0
Corral Pass	Sept. 15-Oct. 31	Goat Unit 4-38	Any Legal Weapon	2
Tatoosh	Sept. 15-Oct. 31	Goat Unit 5-2	Any Legal Weapon	3
Smith Creek	Sept. 15-Oct. 31	Goat Unit 5-3	Any Legal Weapon	1
((Goat Rocks))	((Sept. 15-Oct. 31))	((Goat Unit 5-4))	((Any Legal Weapon))	((3))
Goat Rocks/Tieton River	Sept. 15-Oct. 31	Goat Unit 3-9, 5-4	Any Legal Weapon	6

Mountain Goat Units:

Goat Unit 2-1 Chelan N. (Chelan County): Permit Area: Beginning at the mouth of Fish Creek on Lake Chelan (Moore Point); then northeast up Fish Creek and USFS trail 1259 to the Sawtooth crest near Deephole Spring; then southeast along the Sawtooth crest, which separates Chelan and Okanogan County, to Horsethief Basin and the headwaters of Safety Harbor Creek; then south along Safety Harbor Creek to Lake Chelan, then northwest along the north shore of Lake Chelan to the mouth of Fish Creek at Moore Point and the point of beginning.

Goat Unit 2-2 Methow Area: Permit Area: Okanogan County within the following described boundary: Beginning at the Town of Twisp, westerly along the Twisp River Road (County Road 4440) to Roads End; west up the Twisp Pass Trail 432 to Twisp Pass and the Okanogan County line; northerly along the Okanogan County line through Washington Pass to Harts Pass; southeast down Harts Pass (Road 5400) to Lost River; then along the Lost River-Mazama Road to Mazama; then southwest to State Highway 20; then southeasterly along State Highway 20 to Twisp and the point of beginning.

Goat Unit 3-6 Naches Pass: Permit Area: Yakima and Kittitas counties within the following described boundary: Beginning at Chinook Pass; then north along the Pacific Crest Trail to Naches Pass; then east to USFS Road 19 and continuing to State Highway 410; then west along State Highway 410 to Chinook Pass and point of beginning.

Goat Unit 3-7 Bumping River: Permit Area: Yakima County within the following described boundary: Beginning at White Pass and the Pacific Crest Trail; then north to Forest Trail 980; then north to USFS Road 18; then north to State Highway 410; then east to State Highway 12; then west along State Highway 12 and back to point of beginning; EXCEPT Timberwolf Mountain, which is closed.

Goat Unit 3-9 Tieton River: Permit Area: Yakima County within the following described boundary: Beginning at White Pass and Pacific Crest Trail; then south to the Yakama Indian Reservation Boundary; then east to USFS Jeep Trail 1137; then west to USFS Road 1070-578 Spur; then west to Road 1000; then north to USFS Road 12; then north to State Highway 12; then west on State Highway 12 to point of beginning.

Goat Unit 3-10 Blazed Ridge: Permit Area: Kittitas and Yakima counties within the following described boundary: Beginning at the mouth of Cabin Creek on the Yakima River; then west along Cabin Creek to the headwaters near Snowshoe Butte; then south along the Cascade Crest separating the Green and Yakima river drainage to Pyramid Peak; then southeast along the North Fork, Little Naches, and Naches River to the Yakima River; then north along the Yakima River to the mouth of Cabin Creek and point of beginning.

Goat Unit 3-11 Kachess Ridge: Permit Area: Kittitas County within the following described boundary: Beginning at the mouth of the Kachess River on the Yakima River; then north along the Kachess River and Kachess Lake to USFS Road 4600; then east on USFS Road 4600 to the Cle Elum River; then south along the Cle Elum River and Lake Cle Elum to the Yakima River; then northwest along the Yakima River to the mouth of the Kachess River and point of beginning.

Goat Unit 4-9 Jack Mountain: Permit Area: Whatcom County within the following described boundary: Beginning at the confluence of Ruby Creek and Crater Creek; then north up Crater Creek to the ridge line between Jerry Lakes and a pinnacle of Jack Mountain (7,292 ft. elevation); continue due north to Devil's Creek; then west down Devil's Creek to Ross Lake; then south along the east shoreline of Ross Lake to Ruby Arm; then easterly up Ruby Arm and Ruby Creek to the confluence of Crater Creek and the point of beginning.

Goat Unit 4-38 Corral Pass: Permit Area: Pierce County within the following described boundary: Beginning where Goat Creek intersects the Corral Pass Road; then southeast up Goat Creek to the Cascade Crest; then north along the Crest to USFS Trail 1188; then northwest along said trail to USFS Trail 1176; then north along said trail to Corral Pass; then west along Corral Pass Road to its intersection with Goat Creek and the point of beginning.

Goat Unit 5-2 Tatoosh: Permit Area: Lewis County within the following described boundary: Beginning at the junction of the southern Mount Rainier National Park Boundary and State Highway 123; then south along State Highway 123 to U.S. Highway 12; then southwest along said highway to Skate Creek Road (USFS Road 52); then northwest along said road to the junction of Morse Creek Road (old road to Longmire Campground); then north along said road to the Mount Rainier National Park Boundary; then east along the southern park boundary to the point of beginning.

Goat Unit 5-3 Smith Creek: Permit area: Lewis County within the following described boundary: Beginning at the Town of Randle; then east along U.S. Highway 12 to USFS Road 21; then southeast along USFS Road 21 to USFS Road 22; then northeast and northwest along USFS Road 22 to USFS Road 23; then east and northwest on USFS Road 23 to USFS Road 25; then north along USFS Road 25 to Randle and point of beginning.

Goat Unit 5-4 Goat Rocks: Permit Area: Lewis County south of the White Pass Highway (U.S. Highway 12) and east of the Johnson Creek Road (USFS Road 1302).

[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-28-273, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-273, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-273, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-10-102 (Order 99-40), § 232-28-273, filed 5/5/99, effective 6/5/99; 98-10-005 (Order 98-58), § 232-28-273, filed 4/22/98, effective 5/23/98.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 02-301, filed 12/20/02, effective 1/20/03)

WAC 232-28-291   Special hunting season permits.   The commission may establish special hunting seasons limited to species and/or weapon type.

     1. Deer, elk, cougar, or black bear special hunting season permit applications:

     A. To apply for special hunting season permits for deer, elk, cougar, or black bear applicants must have a valid Washington big game hunting license and a valid transport tag for the appropriate species. To apply for a particular hunt, each applicant for deer or elk must have the proper transport tag as identified in the special deer or elk permit regulations.

     B. No refunds or exchanges for deer, elk, cougar, or black bear hunting licenses or transport tags will be made for persons applying for special hunting season permits after the permit drawing has been held.

     C. A holder of a deer, elk, cougar, or black bear special hunting season permit may hunt only with a weapon in compliance with the special hunting season.

     2. Mountain goat, moose, and bighorn sheep special hunting season permit applications:

     A. Persons who have previously ((drawn and accepted a special hunting season permit for Washington)) harvested a mountain goat, bighorn sheep, or moose in Washington are ineligible to apply for a special hunting season permit for that species. This lifetime ((permit holder)) harvest restriction does not apply to ((mountain goat permits acquired before 1999,)) individuals who harvested a mountain goat before 1999, raffle or auction hunt authorizations, persons of disability moose hunts, or youth-only moose hunts.

     B. Successful applicants under this section must purchase the appropriate hunting license within fifteen days of notification by the department. Failure to purchase forfeits the permit to an alternate applicant.

     C. No refunds for mountain goat, moose, or bighorn sheep hunting licenses will be made for persons successfully drawing and purchasing special hunting season permits.

     3. Wild turkey special hunting season permit applications

     A. To apply for wild turkey special hunting season permits, each applicant must have a valid small game hunting license.

     B. No refunds for small game hunting licenses will be made, regardless of success in the drawing for wild turkey special hunting season permits.

     C. Wild turkey special hunting season permit holders must have a valid turkey transport tag in possession to hunt turkeys in the special hunting season.

     4. Special hunting season permit applications:

     A. Group applications will be accepted for any species with a group size larger than one. Maximum group sizes are determined for each species. If a group application is drawn, all hunters in the group will receive a special hunting season permit and each hunter in the group can take an animal.

     i. Maximum group size for deer is 12.

     ii. Maximum group size for elk is 12.

     iii. Maximum group size for bear is 2.

     iv. Maximum group size for cougar is 2.

     v. Maximum group size for mountain goat is 2.

     vi. Maximum group size for bighorn sheep is 2.

     vii. Maximum group size for turkey is 4.

     viii. Maximum group size for moose is 2.

     B. An applicant may purchase only one application for a special hunting season permit for each species.

     C. Permits will be drawn by computer selection using a weighted point selection system.

     D. Incomplete applications will not be accepted.

     E. If an applicant makes a mistake, applies for the wrong hunt, and is successfully drawn, the special hunting season permit can be returned to the Department of Fish and Wildlife Olympia headquarters before the opening day of the special hunting season or the opening day of the general hunting season, whichever comes first. The applicant's points will be restored to the level prior to the permit drawing.

     F. Anyone may apply for a special hunting season permit for deer, elk, bear, cougar, and wild turkey.

     5. In addition to requirements for special hunting season permit applications, following are application requirements for:

     A. Special hunting seasons for persons of disability: Only applicants with a Washington disabled hunter permit are eligible to apply for any special hunting season permits for persons of disability.

     B. Special hunting seasons for youth: Only persons who are eligible to lawfully purchase a youth hunting license are eligible to apply for special hunting season permits for youth.

     C. Special hunting seasons for hunters age 65 and older: Only applicants sixty-five years of age or older on or before March 31 of the current license year will be eligible to apply for special hunting season permits for hunters age 65 and older.

     D. Special hunting seasons for advanced hunter education graduates: Only persons who hold a valid certificate from the Washington department of fish and wildlife advanced hunter education (AHE) program are eligible to apply for special hunting season permits for AHE hunters.

     6. Citizen reward for reporting violations - bonus points: A person who provides information which contributes substantially to the arrest of another person for illegally killing big game or an endangered species as defined by Title 77 RCW is eligible to receive ten bonus points toward the special hunting permit drawing for deer or elk special hunting season permits.

     A. Only ten bonus points can be awarded for providing information for each person charged regardless of the number of violations involved.

     B. Selection of bonus points is in lieu of application for a cash award.

     7. In addition to requirements for special hunting season permit applications, following are application and permit requirements for antlerless deer and elk "B" Tags. Successful applicants under this section may purchase an appropriate second hunting license and tag for an antlerless animal only within fifteen days of notification by the department. Failure to purchase within fifteen days forfeits the opportunity for a second license.

[Statutory Authority: RCW 77.12.047. 03-02-005 (Order 02-301), § 232-28-291, filed 12/20/02, effective 1/20/03. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-291, filed 4/26/01, effective 5/27/01.]

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