WSR 03-06-108

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 5, 2003, 10:24 a.m. ]

     Original Notice.

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

     Purpose: Amend WAC 232-28-272 2003-2004, 2004-2005 and 2005-2006 Black bear and cougar hunting seasons and regulations and 232-28-248 Special closures and firearm restriction areas.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: WAC 232-28-272, the recommended changes establish status quo bear seasons for 2003-2005, except all fall bear seasons close on November 15 annually. In addition, the recommendation includes status quo spring bear seasons and status quo cougar seasons for 2003-2004, 2004-2005, and 2005-2006.

     WAC 232-28-248, the recommended change closes GMUs 524 and 556 to hunting black bear and cougar during permit only modern firearm elk seasons.

     Reasons Supporting Proposal: WAC 232-28-272, biological data support status quo seasons for bear and cougar.

     WAC 232-28-248, interference from cougar and bear hunters impact the quality of the hunting experience for hunters selected to elk hunt in these units.

     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 232-28-272, the rule establishes hunting seasons for black bear and cougar. The purpose of the recommended change is to maximize recreational hunting opportunities for bear and cougar while maintaining sustainable populations. The anticipated effect of the recommendation is stable bear populations statewide declining cougar populations statewide.

     WAC 232-28-248, the rule closes specific GMUs to black bear and cougar hunting during permit only modern firearm elk seasons. This change will reduce hunter density resulting in a better quality hunt.

     Proposal Changes the Following Existing Rules: WAC 232-28-272, provides recreational hunting opportunity for black bear and cougar from 2003-2006, consistent with population objectives for bear and cougar.

     WAC 232-28-248, closes GMUs 524 and 556 to hunting black bear and cougar during permit only modern firearm elk seasons.

     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


AMENDATORY SECTION(Amending Order 01-198, filed 9/20/01, effective 10/21/01)

WAC 232-28-272   ((2000-2001, 2001-2002 and 2002-2003)) 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations.  


Fall Black Bear Seasons:


2003 Black bear seasons

((Hunt Name 2000 Season Hunt Area
General Eastern Aug. 1 - Nov. 5 GMUs 121-142, 203-382, 578, 588
Northeastern Sept. 5 - Nov. 5 GMUs 101-117
Blue Mt. Sept. 5 - Nov. 5 GMUs 145-154, 162-186
General Western Aug. 1 - Nov. 12 GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684
North Cascades Aug. 1 - Nov. 30 GMUs 418-450, 460
West Side

PLWMAs

July 15 - Nov. 12 PLWMAs 401, 600
Long Island Sept. 1 - Nov. 12 Long Island
Hunt Name 2001 Season Hunt Area
General Eastern Aug. 1 - Nov. 4 GMUs 121-142, 203-382, 578, 588
Northeastern Sept. 4 - Nov. 4 GMUs 101-117
Blue Mt. Sept. 4 - Nov. 4 GMUs 145-154, 162-186
General Western Aug. 1 - Nov. 11 GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684
North Cascades Aug. 1 - Nov. 30 GMUs 418-450, 460
West Side

PLWMAs

July 15 - Nov. 11 PLWMAs 401, 600
Long Island Sept. 1 - Nov. 11 Long Island
Hunt Name 2002 Season Hunt Area
General Eastern Aug. 1 - Nov. 3 GMUs 121-142, 203-382, 578, 588
Northeastern Sept. 3 - Nov. 3 GMUs 101-117
Blue Mt. Sept. 3 - Nov. 3 GMUs 145-154, 162-186
General Western Aug. 1 - Nov. 10 GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684
North Cascades Aug. 1 - Nov. 30 GMUs 418-450, 460
West Side

PLWMAs

July 15 - Nov. 10 PLWMAs 401, 600
Long Island Sept. 1 - Nov. 10 Long Island))

Black bear management unit Season Hunt area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern Sept. 2 - Nov. 15 GMUs 101-130, 204
Blue Mountains Sept. 2 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 - Nov. 15 PLWMAs 401, 600
Long Island Sept. 2 - Nov. 15 GMU 699

2004 Black bear seasons
Black bear management unit Season Hunt area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern Sept. 7 - Nov. 15 GMUs 101-130, 204
Blue Mountains Sept. 7 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 - Nov. 15 PLWMAs 401, 600
Long Island Sept. 7 - Nov. 15 GMU 699

2005 Black bear seasons

Black bear management unit Season Hunt area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern Sept. 6 - Nov. 15 GMUs 101-130, 204
Blue Mountains Sept. 6 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 - Nov. 15 PLWMAs 401, 600
Long Island Sept. 6 - Nov. 15 GMU 699
((License Required: A valid big game hunting license which includes black bear as a species option is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option. A second black bear transport tag must be purchased to take a second bear.))


Bag Limit: Two (2) black bear per annual hunting season only one of which may be taken in Eastern Washington.


((Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.


Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar tooth located behind the canine tooth of the upper jaw.
))


SPRING PERMIT BLACK BEAR SEASONS:

Permit quotas for each license year

Hunt Name Permit Hunt Boundary Permit Level
Blue Creek GMU 154 15
Dayton GMU 162 15
Tucannon GMU 166 10
Wenaha GMU 169 30
Mt. View GMU 172 15
Lick Creek GMU 175 15
Grande Ronde GMU 186 5

Who May Apply: Anyone with a valid Washington big game license, which includes black bear.

Bag Limit: One (1) black bear per black bear special permit season.

Permit Season: April 15 - May 31. Permits are valid for the license year they are issued.

REQUIREMENTS FOR SPRING AND FALL BLACK BEAR SEASONS

License Required: A valid big game hunting license, which includes black bear as a species option, is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option. A second black bear transport tag must be purchased to take a second bear.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.

Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar tooth located behind the canine tooth of the upper jaw.

COUGAR ((Season)) SEASONS:


     ((General Statewide Season:

     Aug. 1, 2000 - Mar. 15, 2001;

     Aug. 1, 2001 - Mar. 15, 2002; and

     Aug. 1, 2002 - Mar. 15, 2003.))


Seasons for each license year, 2003-2005


Cougar management unit Season Hunt area
Coastal Aug. 1 – Mar. 15 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699
Puget Sound Aug. 1 – Mar. 15 407, 410, 454, 624-633, 652, 666
North Cascades Aug. 1 – Mar. 15 418, 426, 437, 448, 450, 460, 466, 485
South Cascades Aug. 1 – Mar. 15 505, 510-520, 524, 550-574, 653, 654, 667
East Cascades North Aug. 1 – Mar. 15 203, 209-247, 249-251, 328, 329, 334-340
East Cascades South Aug. 1 – Mar. 15 342-368, 382, 578, 588
Northeastern Aug. 1 – Mar. 15 101-130, 204
Blue Mountains Aug. 1 – Mar. 15 145-186
Columbia Basin Aug. 1 – Mar. 15 133-142, 248, 254-290, 330, 371, 372, 381

REQUIREMENTS FOR COUGAR SEASONS

License Required: A valid big game hunting license which includes cougar as a species option is required to hunt cougar.


Bag Limit: Two (2) cougar per license year excluding public safety cougar removals. It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.


Tag Information: One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar.


Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of hounds to hunt cougar is prohibited except during a public safety cougar removal.


Cougar Pelt Sealing: Any person who takes a cougar must notify the department within 72 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.

[Statutory Authority: RCW 77.12.047. 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]


AMENDATORY SECTION(Amending Order 02-98, filed 5/10/02, effective 6/10/02)

WAC 232-28-248   Special closures and firearm restriction areas.  


RESTRICTED AND PROHIBITED HUNTING AREAS.


These areas are closed by Fish and Wildlife Commission action. Other areas may be closed to hunting by local, state or federal regulations.


IT IS ILLEGAL TO HUNT EXCEPT WHERE PROVIDED IN THE FOLLOWING AREAS:


1. Little Pend Oreille National Wildlife Refuge: The southern part of the Little Pend Oreille National Wildlife Refuge in Stevens County is closed to hunting and discharge of firearms except during the periods of April 15-May 15 and October 1-December 31. This closure is south of a boundary beginning at the west project boundary in Section 3, Township 34 N, R 40 EWM, then easterly along Road 1.0 (Bear Creek Road) to the intersection with Road 2.0 (Blacktail Mountain Road) in Section 2, then easterly along Road 2.0 to the easterly boundary in Section 8, Township 34 N, R 42 EWM.
The Little Pend Oreille National Wildlife Refuge north of the preceding boundary is open to all legally established hunting seasons from April 15 to May 15 and September through December.
2. Parker Lake: All lands south of Ruby Creek Road (USFS Road 2489), north of Tacoma Creek Road (USFS Road 2389) and west of Bonneville Power Administration power lines are designated as "CLOSED AREA" to the hunting of wild animals and wild birds year round. Both the Little Pend Oreille (1) and Parker Lake (2) closures were established to provide a protected area for the Air Force Military Survival Training Program.
3. Columbia River and all the islands in the river, and the Benton County shoreline below the high water mark, and any peninsula originating on the Benton County shoreline, between Vernita Bridge (Highway 24) downstream to the old Hanford townsite powerline crossing (wooden towers) in Section 24, T 13 N, R 27 E, is designated as a "CLOSED AREA" to the hunting of wild animals and wild birds.
4. Green River (GMU 485): Except for special permit hunters, who may also take a black bear and/or cougar with the appropriate license/tag options, all lands within GMU 485 are designated as a "CLOSED AREA" to the hunting of big game by Department of Fish and Wildlife regulated hunters throughout the year. During the general westside elk season and general and late deer seasons, all lands within GMU 485 are also designated as a "CLOSED AREA" to the hunting of all wild animals (including wild birds). The City of Tacoma enforces trespass within GMU 485 on lands owned or controlled by the City during all times of the year.
5. McNeil Island: McNeil Island (part of GMU 652) is closed to the hunting of all wild animals (including wild birds) year around.
6. Loo-wit (GMU 522): Closed to hunting and trapping within GMU 522 (Loo-wit).
7. The Voice of America Dungeness Recreation Area County Park in Clallam County is closed to all hunting except Wednesdays, weekends, and holidays, from the first weekend in October to the end of January.

BIG GAME CLOSURES


1. Clark, Cowlitz, Pacific, and Wahkiakum counties are closed to Columbian Whitetail Deer hunting.
2. Cathlamet: Beginning in the town of Skamokawa; then east along SR 4 to the Risk Road; then south and east along the Risk Road to Foster Road; then south along the Foster Road to the Elochoman River; then upstream along the Elochoman River to the Elochoman Valley Road (old SR 407); then west along the Elochoman Valley Road to SR 4; then east along SR 4 to SR 409; then south along SR 409 to the Cathlamet Channel of the Columbia River; then east along the north shore of the Cathlamet Channel to Cape Horn; then south in the Columbia River to the state line; then west along the state line to a point directly south of the mouth of Skamokawa Creek; then north on Skamokawa Creek to SR 4 and the point of beginning. This area is closed to all deer and elk hunting, to protect the Columbian Whitetail Deer.
3. Willapa National Wildlife Refuge: Except for Long Island, Willapa National Wildlife Refuge is closed to all big game hunting.
4. Walla Walla Mill Creek Watershed (GMU 157): All lands in the Mill Creek Watershed are designated as a "CLOSED AREA" to the hunting of all wild animals (including wild birds) except for holders of special elk permits during the established open season. This area is closed to motorized vehicles. Entry is allowed only by Forest Service permit for the duration of the hunt. Any entry into the Mill Creek Watershed at other times is prohibited.
5. Westport: Closed to hunting of all big game animals on that part of Westport Peninsula lying north of State Highway 105 from the west end of the Elk River Bridge and the Schafer Island Road to the ocean beach.
6. GMUs 524 and 556 are closed to black bear and cougar hunting during permit only modern firearm elk seasons.

FIREARM RESTRICTION AREAS


The firearm restriction areas listed below have been established by the Fish and Wildlife Commission. Centerfire and rimfire rifles are not legal for hunting in these areas.


In firearm restriction areas, hunters may hunt only during the season allowed by their tag. Archery tag holders may hunt during archery seasons with archery equipment. Muzzleloaders may hunt during muzzleloader seasons with muzzleloader equipment except in the GMU 652 restriction area outlined for King County. Modern firearm tag holders may hunt during modern firearm seasons with bows and arrows, muzzleloaders or revolver-type handguns meeting the equipment restrictions or legal shotguns firing slugs or buckshot.

COUNTY AREA
Clallam That portion of GMU 624 (Coyle) located within Clallam County.
Clark GMU 564 (Battleground)
Cowlitz GMU 554 (Yale)

GMU 504 (Stella)

That portion of GMU 564 (Battleground) in Cowlitz County.

Grays Harbor That portion of GMU 658 (North River) beginning at Bay City; then west along Highway 105 to Twin Harbors State Park; then south along Highway 105 to Grayland Grocery; then east on Cranberry Road to Turkey Road; then east and north on Turkey Road to Bayview Logging Road; then north and east along Bayview Logging Road to Mallard Slough; then east and south along the Bayview Road to Andrews Creek; then north along main channel of Andrews Creek to Grays Harbor; then north and west along the main navigation channel to Bay City and point of beginning.
The Chehalis Valley restriction applies only during elk seasons:
That portion of GMU 660 (Minot Peak) described as follows: Beginning at Highway 12 and Highway 107 junction near Montesano; east and south on Highway 12 to Oakville; south on the Oakville-Brooklyn Road to a point one mile west of South
Bank Road; northwest along a line one mile southwest of the South Bank Road to Delzene Road; north along Delzene Road to South Bank Road; northwest along South Bank Road to Wakefield Road; north on Wakefield Road to the Chehalis River; west along the Chehalis River to Highway 107 bridge; north on Highway 107 to Highway 12 to the point of beginning.
Island That portion of GMU 410 (Island) located on Camano and Whidbey islands.
Jefferson Indian and Marrowstone islands.
King The area west of Highway 203 (Monroe-Fall City, Fall City-Preston Road) to Interstate 90 (I-90), I-90 to Highway 18, Highway 18 to Interstate 5 (I-5), I-5 to the Pierce-King County line; Vashon and Maury islands.
The following portion of GMU 652 (Puyallup): Beginning at the intersection of State Highway 410 and the southeast Mud Mountain Dam Road near the King/Pierce County line north of Buckley; then east along the southeast Mud Mountain Road to 284th Avenue Southeast; then north along 284th Avenue Southeast to State Highway 410; then west along Highway 410 to the point of the beginning. (This restriction includes high power rifles and muzzleloaders.)
Kitsap East of State Highway 16 originating at the Tacoma Narrows Bridge to Gorst, and east of Highway 3 to Newbury Hill Road, north of Newbury Hill Road and the Bremerton-Seabeck Highway to Big Beef Creek Bridge; all of Bainbridge Island, and Bangor Military Reservation.
Kittitas GMU 334 (Ellensburg) Closed to high power rifles during deer and elk seasons.
Mason GMU 633 (Mason Lake) south of Hammersley Inlet; and all of Harstene Island.
Pacific GMU 684 (Long Beach) west of Sand Ridge Road. The portion of GMU 658 (North River) south and west of State Highway 105 and Airport Road between Raymond and North River Bridge. GMU 681 between U.S. Highway 101, Chinook Valley Road and the Columbia River from Astoria-Megler bridge to the Wallacut River.
Pierce GMU 652 (Anderson and Ketron islands) limited to archery, shotgun, and muzzleloader. McNeil Island closed to hunting.
See GMU 652 restriction area outlined for King County.
GMU 627 (Kitsap) south of Highway 302 on the Longbranch Peninsula is a firearm restriction area.
Snohomish West of Highway 9.
Skagit Guemes Island and March Point north of State Highway 20.
Thurston GMU 666 (Deschutes) north of U.S. Highway 101 and Interstate 5 between Oyster Bay and the mouth of the Nisqually River.
Whatcom Area west of I-5 and north of Bellingham city limits including Lummi Island and Point Roberts.

[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-28-248, 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), § 232-28-248, 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), § 232-28-248, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-10-102 (Order 99-40), § 232-28-248, filed 5/5/99, effective 6/5/99; 98-10-018 (Order 98-54), § 232-28-248, filed 4/22/98, effective 5/23/98; 97-06-052 (Order 97-32), § 232-28-248, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, § 232-28-248, filed 2/1/96, effective 3/3/96. Statutory Authority: RCW 77.12.040. 95-11-036, § 232-28-248, filed 5/10/95, effective 6/10/95; 95-03-038 (Order 94-150), § 232-28-248, filed 1/10/95, effective 2/10/95.]

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