WSR 07-09-089

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed April 18, 2007, 10:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-04-080.

Title of Rule and Other Identifying Information: WAC 232-12-061 Tagging requirements of big game animals and turkeys.

Hearing Location(s): Mirabeau Park Hotel & Convention Center, 1100 North Sullivan Road, Spokane Valley, WA 99037, on June 2, 2007, at 1:00 p.m.

Date of Intended Adoption: August 4, 2007.

Submit Written Comments to: Lori Preuss, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by May 15, 2007.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule on this subject is unclear regarding tagging requirements for black bear and cougar. This rule will clarify the tagging requirements for these animals.

Reasons Supporting Proposal: This rule will make it easier for hunters to comply with the tagging requirements for black bear and cougar, and it will facilitate enforcement of the rule.

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 department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Dave Ware, 1111 Washington Street, Olympia, (360) 902-2509; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this rule and will not be impacted by the proposed clarification of the rule.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

April 18, 2007

Loreva M. Preuss

Rules Coordinator

OTS-9666.1


AMENDATORY SECTION(Amending Order 97-168, filed 8/25/97, effective 9/25/97)

WAC 232-12-061   Tagging requirements.   It is unlawful for a person who kills a big game animal or turkey to fail to immediately cut out and completely remove from ((their)) his or her tag the designated notches corresponding to the day and month of the kill for that species((, except for black bear or cougar, where for purposes of achieving species harvest management goals,)) (unless the tagging requirement is specifically exempted by the fish and wildlife commission ((determines that tags are not required for these two big game animals. A person who kills such animal or bird, shall))), and to fail to immediately attach ((their)) his or her notched tag to the carcass of such animal or bird. That tag must remain attached to the carcass while it is being transported and must remain with the wildlife during the period of retention of the edible parts.

[Statutory Authority: RCW 77.12.040. 97-18-020 (Order 97-168), 232-12-061, filed 8/25/97, effective 9/25/97; 81-22-002 (Order 174), 232-12-061, filed 10/22/81; 81-12-029 (Order 165), 232-12-061, filed 6/1/81. Formerly WAC 232-12-160.]

Washington State Code Reviser's Office