WSR 97-22-097

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed November 5, 1997, 8:43 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-027.

Title of Rule: To amend WAC 232-28-260 Special hunting seasons.

Purpose: To amend WAC 232-28-260 Special hunting seasons, by changing the permit application deadline and dropping the raffle ticket sales the day of the raffle.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: We propose to change the hunting season permit application deadline to the third Friday in June instead of the first Friday in May. We also propose to drop the provision for raffle ticket sales the day of the raffle.

Reasons Supporting Proposal: The change in dates for hunting pamphlet availability requires a change in permit application deadline. The dropping in raffle ticket sales the day of the drawing is recommended to reduce public criticism.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, 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: The change in dates for the permit application deadline will allow hunters to review permit quotas before applying for special permits. The dropping of raffle ticket sales from the date of the drawing will have little effect on raffle ticket sales.

Proposal does not change existing rules. See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Red Lion Inn, North 1100 Sullivan Road, Spokane, WA 99220, phone (509) 924-9000, on December 12-13, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 30, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2940, by November 30, 1997.

Date of Intended Adoption: December 13, 1997.

November 5, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION [(Amending WSR 97-12-054, filed 6/2/97, effective 7/3/97)]

WAC 232-28-260 Special hunting seasons (1) The commission may establish special hunting seasons limited to species and/or weapon type.

(2) The commission establishes the following types of special hunting seasons, called permit hunts, for purposes of taking specified wildlife:

(a) General Permit Hunts;

(b) Persons of Disability Permit Hunts;

(c) Youth Permit Hunts;

(d) Senior Citizen Permit Hunts;

(e) Advanced Hunter Education Permit Hunts.

(f) Raffle and Auction Permit Hunts.

(3) In addition to the requirements for general permit hunts, the following are hunt requirements for:

(a) Persons of Disability Permit Hunts: Only applicants with a Washington disabled hunter permit are eligible to apply for any persons of disability permit hunts.

(b) Youth Permit Hunts: Only applicants sixteen years old or younger on opening day of the permit hunt will be eligible to apply for the youth permit hunts.

(c) Senior Citizen Permit Hunts: Only applicants sixty-five years of age or older on opening day of the permit hunt will be eligible to apply for senior citizen permit hunts.

(d) Advanced Hunter Education Permit Hunts: Only applicants who have successfully completed the Washington department of fish and wildlife advanced hunter education (AHE) course will be eligible to apply for AHE permit hunts.

(4) Deer and elk special hunting seasons permit hunt application:

(a) To apply for permit hunts for deer, applicants must have a valid Washington hunting license and a valid deer transport tag. Each applicant must have the proper transport tag as identified in the current deer hunting permit tables.

(b) To apply for permit hunts for elk, applicants must have a valid Washington hunting license and a valid elk transport tag. Each applicant must have the proper transport tag as identified in the current elk hunting permit tables.

(c) No refunds or exchanges for deer or elk transport tags will be made for persons applying for permit hunts.

(d) Holders of deer or elk permit hunts may hunt only with a weapon in compliance with their transport tag during the permit hunts.

(5) Mountain goat, moose, mountain sheep, and cougar permit hunts applications:

(a) To apply for permit hunts for mountain goat, moose, mountain sheep, or cougar, applicants must have a valid Washington hunting license. Those who have previously drawn a Washington mountain sheep or moose permit are ineligible to apply for that species. This restriction on eligibility does not apply to permits awarded pursuant to a raffle or auction hunt.

(b) No refunds or exchanges for mountain goat, moose, mountain sheep, or cougar transport tags will be made for persons drawing for permit hunts.

(c) Permit hunting report: A hunter report will be sent to each mountain goat, moose, mountain sheep, and cougar permit holder and must be returned to the department of fish and wildlife within ten days after the close of the permit hunt.

(6) General permit hunts application:

(a) Partnership applications will be accepted for any species. A partnership consists of two hunters. If a partnership application is drawn, both hunters will receive a permit and both hunters can take an animal.

(b) Application deadline: To qualify for the drawing all applications must be postmarked no later than the ((first Friday of May)) third Friday of June or received at a department of fish and wildlife office no later than 5:00 p.m. on the ((first Friday of May)) third Friday of June of the year of the drawing.

(c) An applicant's name may appear on only one single special permit hunt application or one partnership application for each species. If an applicant's name appears on more than one application for a species, the application will be made ineligible for the drawing and no points will be accrued for that year for that species.

(d) For partnership applications that are ineligible because one of the partners has his/her name on more than one application for that species, both applicants will be made ineligible for the drawing and no points will be accrued for that year for that species.

(e) Permits will be drawn by computer selection using a weighted point selection system.

(f) Incomplete Applications:

(i) To be eligible for the deer or elk permit hunts drawing, each application must include a valid hunt number, complete name, correct mailing address, date of birth, a marked species check box, a valid Washington hunting license number, and a valid deer or elk transport tag number for each applicant.

(ii) To be eligible for the special mountain goat, moose, mountain sheep, or cougar permit hunts drawing, each application must include a valid hunt number, complete name, correct mailing address, date of birth, a marked species check box, and a valid Washington hunting license number for each applicant.

(iii) To be eligible to accrue points, each application must include either a valid social security number, driver's license number, or a state-issued identification number for each applicant. Applicants choosing not to submit one of the above-listed numbers will be eligible for the drawing, but will not accrue points. The same identification number must be used each year to accrue points. If a different number is used (i.e., driver's license number instead of social security number), point accrual will begin anew for the applicant while maintaining the point accrual under the former identification number.

(g) Inaccurate Applications:

(i) If an applicant makes a mistake, applies for the wrong hunt, and is drawn, the permit can be returned to the department of fish and wildlife Olympia headquarters before the opening day of the hunt or the opening day of the general season, whichever comes first. The applicant's points will be restored to the condition they were in prior to the drawing.

(ii) If an applicant inaccurately submits his/her identification number on an application, no points will be accrued for that year for that species under the correct identification number.

(7) The commission establishes auction and raffle Private Lands Wildlife Management Areas (PLWMA) hunts:

(a) The commission may authorize, by agreement with PLWMA, the sale, auction, or raffle of hunts on PLWMAs.

(b) PLWMA auction/raffle hunts are awarded to hunt big game or wild turkey. The PLWMA manager will conduct the raffle drawing. Raffle tickets will be sold for not more than $25.00 each.

(c) Any person may purchase PLWMA raffle tickets in addition to WDFW raffle tickets and participate in general permit hunt application drawing.

(d) An additional big game transport tag may be purchased for a deer or elk PLWMA raffle permit hunt.

(e) The PLWMA manager conducting an authorized big game auction or raffle will provide an annual report to the department of fish and wildlife prior to December 31. The report will include information on how the event was administered, where and when it occurred, who the winners are, the cost of tickets and numbers sold.

(8) The commission establishes auction and raffle hunts:

(a) The commission may establish big game and wild turkey auction and raffle permit hunts. The director may conduct the auction or raffle or may contract to a non-profit wildlife conservation organization (registered 5013c) for marketing. The organization may retain the vendor fee for each raffle ticket sold to cover expenses incurred or a percentage of the auction permit receipt.

(b) There is no limit on the number of raffle tickets a person may purchase. Raffle tickets cost no more than $25.00 each with a 50 cent vendor fee included in the price.

(c) The organization interested in conducting an auction or raffle for an authorized permit hunt shall submit a proposal outlining its experience and plans to conduct an auction or raffle. The department of fish and wildlife shall solicit bids consistent with established state competitive bid rules. The proposal shall include:

(i) Name of the organization, articles of incorporation, and contact person.

(ii) The date, time and place of the proposed auction and raffle drawing.

(iii) The approximate number of people expected to attend the function.

(iv) Past experience in conducting auctions or raffles and special functions.

(v) Other marketing strategies to be used.

(vi) Portion of funds to be retained by the organization.

(d) The director will select an organization to conduct an auction or raffle.

(i) Revenue potential to the department will be a key criterion in applicant selection.

(ii) The department shall enter into a contract with the auctioning or raffling organization identifying specific terms of the contract.

(iii) The director may authorize a non profit wildlife conservation organization to sell raffle tickets for the department and retain a vending fee of 50 cents for each ticket sold.

(e) The department or organization conducting a raffle shall notify the public about the raffle hunt opportunity and offer raffle tickets for sale.

(i) The department or organization shall inform the public of date, time and place of the raffle and hold the drawing as specified.

(ii) Raffle tickets sales conducted through agency license vendors or the director authorized non profit wildlife conservation organization vendor must be received at the department's Olympia office headquarters on or before the last business day prior to the public drawing. Contracting organizations conducting hunting raffles must account for raffle tickets and funds received. A representative of the department will monitor the drawing.

(((iii) Additional tickets may be purchased at the raffle site prior to the drawing.))

(iii) (((iv))) One winner and two alternates shall be drawn at the drawing.

(iv) (((v))) The raffling organization shall notify the department of the name, address and phone number of the raffle permit winner and two alternates immediately (but no later than ten business days) after the drawing. The department will notify the winner and two alternates by mail. The winner must claim the raffle permit during the regular business hours within 30 days of the drawing or he/she shall be disqualified and the department will offer the raffle permit to the first alternate. The first alternate must claim the raffle permit within 10 business days of notification or he/she shall be disqualified and the department will notify the second alternate. The second alternate must claim the permit within 10 business days of notification or he/she shall be disqualified and the department will not offer the raffle permit.

(v) (((vi))) The department's share of the auction or raffle revenue shall be returned to the department within 30 days of the drawing.

(f) Residents and nonresidents shall be eligible to purchase WDFW raffle tickets, in addition to PLWMA raffle tickets and participate in the general permit hunt application drawing.

(g) There shall be no refunds for any raffle ticket purchases.

(h) The raffle winners must purchase a valid hunting license and species transport tag prior to issuance of the raffle permit. An additional big game transport tag may be purchased for a deer or elk auction or raffle permit hunt. Only one big game transport tag may be purchased for sheep or moose annually.

(i) The department will issue the permit to the person whose name appears on the winning raffle ticket. Raffle permits may not be resold or reassigned.

(j) All revenue to the department from a species permit auction or raffle shall be used for the management and benefit of that species.

(9) 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 department drawing for deer and elk special permits.

(a) Ten bonus points may only be awarded to only one person 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 which may be authorized by RCW 77.21.080.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-054, 232-28-260, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-06-038 (Order 97-25), 232-28-260, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-066 (Order 96-142), 232-28-260, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, 232-28-260, filed 2/1/96, effective 3/3/96.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.