WSR 04-13-171

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 23, 2004, 10:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-081.

Title of Rule and Other Identifying Information: Adopt WAC 232-28-428 2004-05 Migratory waterfowl seasons and regulations and repeal WAC 232-28-427 2003-04 Migratory waterfowl seasons and regulations.

Hearing Location(s): Embassy Suites, 20610 44th Avenue West, Lynnwood, WA 98036, (425) 775-2500, on August 6-7, 2004, at 8:00 a.m.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2612, by Friday, July 16, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 2, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose of the proposal is to adopt WAC 232-28-428 2004-05 Migratory waterfowl seasons and regulations. The WAC specifies legal season dates, bag limits, and open areas to hunt waterfowl for the 2004-05 hunting season; and to repeal WAC 232-28-427 2003-04 Migratory waterfowl seasons and regulations.

Reasons Supporting Proposal: Waterfowl seasons and regulations are developed based on cooperative management programs among states of the Pacific Flyway and the United States Fish and Wildlife Service, considering population status and other biological parameters. The rule establishes waterfowl seasons and regulations to provide recreational opportunity, control waterfowl damage, and conserve the waterfowl resources of Washington.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

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

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

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.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 23, 2004

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 232-28-428   2004-05 Migratory waterfowl seasons and regulations.  


DUCKS


Statewide


Oct. 16-20, 2004 and Oct. 23, 2004 - Jan. 30, 2005.


Special youth hunting weekend 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. 18-19, 2004.


Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 1 pintail, 4 scaup, 1 canvasback, 2 redhead, 1 harlequin, 4 scoter, and 4 long-tailed duck.


Possession limit: 14 ducks, to include not more than 4 hen mallard, 2 pintail, 8 scaup, 2 canvasback, 4 redhead, 1 harlequin, 8 scoter, and 8 long-tailed duck.


Season limit: 1 harlequin


WRITTEN AUTHORIZATION REQUIRED TO HUNT SEA DUCKS. All persons hunting sea ducks (harlequin, scoter, long-tailed duck) in western Washington are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters 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 2004-05 authorization before the season starts. No applications will be accepted after October 31, 2004. Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By January 31, 2005, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2005-06 sea duck season.


COOT (Mudhen)


Same areas, dates (including youth hunting weekend), 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 weekend), 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 weekend 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. 18-19, 2004, statewide except Western Washington Goose Management Areas 2A and 2B.


Daily bag limit: 4 Canada geese.

Possession limit: 8 Canada geese.


Western Washington Goose Seasons


Goose Management Area 1

Island, Skagit, Snohomish counties.

Oct. 16, 2004 - Jan. 9, 2005 for snow, Ross', or blue geese.

Oct. 16-29, 2004 and Nov. 6, 2004 - Jan. 30, 2005 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 2003-04 authorization and returned the harvest report prior to the deadline will be mailed a 2004-05 authorization in early October. Hunters who did not possess a 2003-04 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 2004-05 authorization before the season starts. No applications will be accepted after October 31, 2004. 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. By January 31, 2005, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2005-06 snow goose season.


Goose Management Area 2A

Cowlitz and Wahkiakum counties, and that part of Clark County north of the Washougal River.


Open in all areas except Ridgefield NWR from 8:00 a.m. to 4:00 p.m. Saturdays and Tuesdays only, Dec. 11, 2004 - Jan. 29, 2005, except closed Dec. 25, 2004 and Jan. 1, 2005. Ridgefield NWR open from 8:00 a.m. to 4:00 p.m. Saturdays, Tuesdays, and Thursdays only, Dec. 11, 2004 - Jan. 29, 2005, except closed Nov. 25, 2004, Dec. 25, 2004, and Jan. 1, 2005.


Goose Management Area 2B

Pacific and Grays Harbor counties.


Open from 8:00 a.m. to 4:00 p.m. Saturdays and Wednesdays only, Nov. 13, 2004 - Jan. 5, 2005, except closed Dec. 25, 2004 and Jan. 1, 2005.


Bag limits for Goose Management Areas 2A and 2B:

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.


Special Provisions for Goose Management Areas 2A and 2B:

The Canada goose season for Goose Management Areas 2A and 2B 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 except Ridgefield NWR); 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 (Grays Harbor County). Quotas may be shifted to other zones during the season to optimize use of the statewide quota and minimize depredation.


Hunting is only permitted by written authorization from the Washington department of fish and wildlife. Hunters who maintained a valid 2003-04 written authorization will be mailed a 2004-05 authorization card prior to the 2004-05 season. New hunters and those who did not maintain a valid 2003-04 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive written authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time. 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 Canada geese in Goose Management Areas 2A and 2B 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 Goose Management Areas 2A and 2B.


Special Late Canada Goose Season for Goose Management Areas 2A and 2B

Open to Washington department of fish and wildlife advanced hunter education (AHE) program graduates and youth hunters (15 years of age or under, who are accompanied by an AHE hunter) possessing a valid 2004-05 southwest Washington Canada goose hunting authorization, in areas with goose damage in Goose Management Areas 2A and 2B on the following days, from 7:00 a.m. to 4:00 p.m.:


Saturdays and Wednesdays only, Feb. 5 - Mar. 9, 2005.


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

Possession limit: 8 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.


Hunters qualifying for the season will be placed on a list for participation in this hunt. Washington department of fish and wildlife will assist landowners with contacting qualified hunters to participate in damage control hunts on specific lands incurring goose damage. Participation in this hunt will depend on the level of damage experienced by landowners. 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. All provisions listed above for Goose Management Areas 2A and 2B regarding written authorization, harvest reporting, and checking requirements also apply to the special late season; except hunters must confirm their participation at least 24 hours in advance by calling the goose hunting hotline (listed on hunting authorization), and hunters must check out by 5:00 p.m. on each hunt day regardless of success. It is unlawful to fail to comply with all provisions listed above for the special late season in Goose Management Areas 2A and 2B.


Goose Management Area 3

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


Oct. 16-29, 2004 and Nov. 6, 2004 - Jan. 30, 2005


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


Goose Management Area 4

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


Oct. 16-18, 2004, and Saturdays, Sundays, and Wednesdays only during Oct. 23, 2004 - Jan. 23, 2005; Nov. 11, 25, and 26, 2004; Dec. 27, 28, 30, and 31, 2004; and every day Jan. 24-30, 2005.


Goose Management Area 5


Includes all parts of Eastern Washington not included in Goose Management Area 4.


Oct. 16-18, 2004, every day from Oct. 23, 2004 - Jan. 30, 2005.


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 on the following dates:


Nov. 20, 21, 23, 25, and 26, 2004.

Dec. 18, 19, 22, 24, and 26, 2004.


If the 2004-05 preseason brant population in Skagit County is below 6,000 (as determined by the early December survey), the December 2005 brant season in Skagit County will be canceled.


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 2003-04 authorization and reported harvest prior to the deadline will be mailed a 2004-05 authorization in November. Hunters who did not possess a 2003-04 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 8, or postmarked on or before November 8, after which applicants will be mailed a 2004-05 authorization. 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. By January 31, 2005, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2005-06 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 statewide.


FALCONRY SEASONS


DUCKS, COOTS, AND SNIPE (Falconry)


(Bag limits include geese and mourning doves.)


Oct. 16-20, 2004 and Oct. 23, 2004 - Jan. 30, 2005 statewide.


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

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


GEESE (Falconry)


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


Goose Management Area 1: Oct. 16, 2004 - Jan. 9, 2005.

Goose Management Area 2A: Dec. 11, 2004 - Jan. 29, 2005, except closed Dec. 25, 2004 and Jan. 1, 2005; and Feb. 5 - Mar. 9, 2005.

Goose Management Area 2B: Nov. 13, 2004 - Jan. 5, 2005, except closed Dec. 25, 2004 and Jan. 1, 2005; and Feb. 5 - Mar. 9, 2005.

Goose Management Areas 3, 4, and 5: Oct. 16-18, 2004 and Nov. 6, 2004 - Jan. 30, 2005.


Daily bag limit for all areas: 3 geese (except brant and Aleutian Canada geese), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.


Possession limit for all areas: 6 geese (except brant and Aleutian Canada geese), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-427 2003-04 Migratory waterfowl seasons and regulations

Legislature Code Reviser 

Register

Washington State Code Reviser's Office