Date of Adoption: August 11, 2000.

Purpose: To amend WAC 232-12-106, 232-12-141, and 232-28-515.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-141 and 232-28-515.

Statutory Authority for Adoption: RCW 77.12.040.

Adopted under notice filed as WSR 00-14-083 and 00-14-081 on July 5, 2000.

Changes Other than Editing from Proposed to Adopted Version: WAC 232-12-106 Provisions for accidental take by falconers.

     A. Agency Reason for Adoption: To allow falconers to continue their pursuit without undue risk of citation for accidentally killing several species of wildlife.

     B. Changes, if any, From the Test of Proposed Rule and Reasons for Differences: Subsection (3), change total accidental kill from three to five. Add the following language at the end of subsection (3): Following an accidental kill by any falconer of any species designated under (2) above, the falconer shall cease hunting for the day.

     WAC 232-12-141 Wild animal trapping.

     A. Agency Reason for Adoption: To improve welfare of animals captured in restraining traps and to clarify intent of language.

     B. Changes, if any, From the Text of Proposed Rule and Reasons for Differences: Subsection (1), deleted phrase "or which is otherwise protected" to avoid confusion or conflict with subsection (4).

     Subsection (2), clarified that accidental take reports must be submitted to the agency falconry permit coordinator; changed the reporting time frame from within seventy-two hours to annual.

     Subsection (3), clarified that annual accidental take limitations include a combination of all affected species.

     Subsection (4), clarified that neither federally nor state threatened or endangered species can be taken.

     WAC 232-28-515 Trapping seasons and regulations.

     A. Agency Reason for Adoption: To establish trapping seasons and provide recreational opportunity.

     B. Changes, if any, From the Text of Proposed Rule and Reasons for Differences: Page 10: General Eastern Washington Trapping Seasons (Table, 1st row Badger, Beaver, Bobcat...) Changed the season date from November 10, 2000, to November 10, 2001, to correct a typo.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

September 26, 2000

Debbie Nelson

for Kelly D. White, Chairman

Fish and Wildlife Commission

OTS-4333.1

NEW SECTION
WAC 232-12-106
Provisions for accidental take by falconers.

(1) When a raptor being used in falconry accidentally takes any species of wildlife (quarry) for which the hunting season is not currently open, the falconer must release the quarry if it is not seriously injured. If the quarry has been seriously injured or killed, the falconer may not retain or possess the quarry, but the raptor may feed upon the quarry before leaving the site of the kill.

     (2) If the accidentally killed quarry is a species identified on the Washington candidate species list (for endangered, threatened, or sensitive status) or specifically identified by the director, the falconer shall, before leaving the site of the kill, record upon a form provided by the department, or upon a facsimile, the falconer's name, falconry permit number, date, species and sex (if known) of the quarry, and exact location of the kill. The falconer shall submit the information to the Washington department of fish and wildlife falconry permit coordinator by April 1 following the close of the current hunting season.

     (3) Accidental kill by any falconer in any license year shall not exceed a total of five individuals of any combination of species designated under subsection (2) of this section. Following an accidental kill by any falconer of any species designated under subsection (2) of this section, the falconer shall cease hunting for the day.

     (4) Notwithstanding any other section of this rule, take of species protected under the federal Endangered Species Act or designated as endangered, threatened, or sensitive in Washington under WAC 232-12-011 or 232-12-014 is not permitted.

[]

(1) The trapping season authorizes the taking of furbearing animals for their hides and pelts only.      Furbearers may not be taken from the wild and held alive for sale or personal use without a special permit pursuant to WAC 232-12-064.

     (2) Any wildlife trapped for which the season is not open shall be released unharmed.      Any wildlife that cannot be released unharmed must be left in the trap, and the department of fish and wildlife must be notified immediately.

     (3) Lawfully trapped wild animals must be lethally dispatched or immediately released.      A firearm may be used ((for this purpose)) to dispatch trapped animals.

     (4) It is unlawful to trap for wild animals:

     (a) By any means other than padded foot-hold traps having a minimum rubber pad thickness of one-eighth inch, unpadded foot-hold traps, cage (live) traps, kill traps and snares.

     (b) With an unpadded foot-hold trap, unless the trap has jaws with a minimum jaw face width of one-fourth inch, or the trap is set so that it completely submerses and drowns any trapped animal, except that unpadded foot-hold traps not meeting the one-fourth inch jaw face requirement may be used on nondrowning sets on private property with landowner permission for the purpose of protecting livestock, domestic animals, private property, or public safety.    

     (c) With a steel trap having a jaw spread exceeding seven and one-half inches, except that a kill trap having a jaw spread exceeding seven and one-half inches is lawful when set beneath the water surface.

     (d) On dry land, with a nondrowning set with a No. 3 size or larger unpadded foot-hold trap if it does not have jaw spacing of at least three-sixteenth of one inch when the trap is sprung,

     (e) With a steel trap with teeth or serrated edges.

     (f) Unless kill traps, including foot-hold drowning sets, are checked and animals removed within seventy-two hours.

     (g) Unless ((traps not capable of killing the animal are checked and animals removed within forty-eight hours, except within identified urban trapping areas, where sets not capable of killing the animal, must be checked and)) animals captured in restraining traps (any nonkilling set) are removed within twenty-four hours of capture.

     (h) With a neck or body snare attached to a spring pole or any spring pole type of device.

     (i) Using game birds, game fish or game animals for bait, except nonedible parts of game birds, game fish or game animals may be used as bait.

     (j) Within thirty feet of any exposed meat bait or nonedible game parts which are visible to flying raptors.

     (5) Game bird feathers may be used as an attractor.

[Statutory Authority: RCW 77.12.040.      99-17-034 (Order 99-118), § 232-12-141, filed 8/11/99, effective 9/11/99; 98-01-207 (Order 97-253), § 232-12-141, filed 12/23/97, effective 10/1/98; 92-18-083 (Order 563), § 232-12-141, filed 9/2/92, effective 10/3/92; 90-19-097 (Order 460), § 232-12-141, filed 9/19/90, effective 10/20/90; 87-15-082 (Order 293), § 232-12-141, filed 7/20/87; 81-12-029 (Order 165), § 232-12-141, filed 6/1/81.      Formerly WAC 232-12-310.]

OTS-4334.3

AMENDATORY SECTION(Amending Order 97-252, filed 12/23/97, effective 1/23/98)

WAC 232-28-515
((1997-98, 1998-99, 1999-2000)) Trapping seasons and regulations.

Trapping Regulations

To be issued your first Washington State trapping license an individual must pass the Washington State trapper education exam.

A trapping license will only be issued to a trapper that has returned the mandatory trapper report of catch postmarked on or before April 10 of the previous year.      A trapper that fails to submit a report of catch must wait one year before purchasing another trapping license.      False reports will be considered the same as failure to return the catch report.

It is unlawful to: Trap for wild animals before October 1, and after March 15, in western Washington, except that owners of, or persons legally controlling a property (or their designee) may trap unclassified wild animals that are causing damage or depredating on said property.

It is unlawful to: Place traps or establish drowning wires and weights prior to 7:00 a.m. on the opening date of the trapping season.      All opening and closing season dates are inclusive.

Trapping Seasons:

General Western Washington Trapping Seasons (Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Whatcom counties):

SPECIES	OPENING DATE	CLOSING DATE
Bobcat, Red Fox, and Weasel	November ((22, 1997)) 18, 2000 November ((21, 1998)) 17, 2001 November ((20, 1999)) 16, 2002	February 15, ((1998)) 2001 February 15, ((1999)) 2002 February 15, ((2000)) 2003
((Red Fox	November 22, 1997 November 21, 1998 November 20, 1999	February 15, 1998 February 15, 1999 February 15, 2000
Weasel	November 22, 1997 November 21, 1998 November 20, 1999	February 15, 1998 February 15, 1999 February 15, 2000))
Marten, Mink, Muskrat, and Raccoon	November ((22, 1997)) 18, 2000 November ((21, 1998)) 17, 2001 November ((20, 1999)) 16, 2002	January 31, ((1998)) 2001 January 31, ((1999)) 2002 January 31, ((2000)) 2003
((Raccoon	November 22, 1997 November 21, 1998 November 20, 1999	January 31, 1998 January 31, 1999 January 31, 2000
Mink	November 22, 1997 November 21, 1998 November 20, 1999	January 31, 1998 January 31, 1999 January 31, 2000
Muskrat	November 22, 1997 November 21, 1998 November 20, 1999	January 31, 1998 January 31, 1999 January 31, 2000))
Beaver and River Otter	December ((13, 1997)) 9, 2000 December ((12, 1998)) 8, 2001 December ((11, 1999)) 14, 2002	((January 31, 1998)) February 15, 2001 ((January 31, 1999)) February 15, 2002 ((January 31, 2000)) February 15, 2003
((River Otter	December 13, 1997 December 12, 1998 December 11, 1999	January 31, 1998 January 31, 1999 January 31, 2000))

Exceptions to General Western Washington Trapping Seasons:

((Cowlitz County))

Game Management Unit 522 (Loo-wit) (Cowlitz and Skamania counties) is closed to all trapping.

Island County

The red fox season is closed.

Lewis County

Green River((, above the confluence of Elk Creek)) drainage, above and including Miners Creek drainage, is closed to all trapping except for bobcat((,)) and coyote. ((Game Management Unit 522 (Loo-wit) is closed to all trapping.

Skagit County

The Ross Lake National Recreation Area is closed to all trapping. The red fox season is closed in Skagit County, except within the exterior boundaries of the Mount Baker-Snoqualmie National Forest.      Raccoon, mink, and muskrat seasons are December 13, 1997 to January 31, 1998; December 12, 1998 to January 31, 1999; and December 11, 1999 to January 31, 2000.

Skamania County

Smith Creek, Bean Creek, and Clearwater Creek, above USFS 83 Road on Pine Creek, and above the confluence of Bean Creek on the Muddy River are closed to all trapping except for bobcat and coyote.      Game Management Unit 522 (Loo-wit) is closed to all trapping.

Whatcom County

The Ross Lake National Recreation Area is closed to all trapping. The red fox season is closed in Whatcom County, except within the exterior boundaries of the Mount Baker-Snoqualmie, and Okanogan National Forests.      Raccoon, mink, and muskrat seasons are December 13, 1997 to January 31, 1998; December 12, 1998 to January 31, 1999; and December 11, 1999 to January 31, 2000.)) Skagit and Whatcom counties

Ross Lake National Recreation Area is closed to all trapping. Red fox season is closed, except within the boundaries of Mount Baker-Snoqualmie and Okanogan National Forests.

Skamania County

The following areas are closed to all trapping, except for bobcat and coyote: Muddy River drainage, above and including Bean Creek drainage; Pine Creek drainage above USFS Road 83; and Green River drainage, above and including Miners Creek drainage.

General Eastern Washington Trapping Seasons (Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties):

SPECIES		OPENING DATE	CLOSING DATE
Badger, Beaver, Bobcat, Mink, Muskrat, Raccoon, Red Fox, and Weasel		November ((8, 1997)) 11, 2000 November ((14, 1998)) 10, 2001 November ((13, 1999)) 9, 2002	February 28, ((1998)) 2001 February 28, ((1999)) 2002 February 28, ((2000)) 2003
((Bobcat		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000
Red Fox		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000
Weasel		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000))
Marten		December 15, ((1997)) 2000 December 15, ((1998)) 2001 December 15, ((1999)) 2002	January 31, ((1998)) 2001 January 31, ((1999)) 2002 January 31, ((2000)) 2003
((Raccoon		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000
Mink		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000
Muskrat		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000
Beaver		November 8, 1997 November 14, 1998 November 13, 1999	February 28, 1998 February 28, 1999 February 28, 2000))
River Otter (Season Bag Limit is 6 River Otter in Eastern Washington)		November ((8, 1997)) 11, 2000 November ((14, 1998)) 10, 2001 November ((13, 1999)) 9, 2002	February 28, ((1998)) 2001 February 28, ((1999)) 2002 February 28, ((2000)) 2003

Exceptions to General Eastern Washington Trapping Seasons:

((The)) River otter trapping season is closed in all Eastern Washington counties, except that it is open in Chelan, Ferry, Klickitat, Kittitas, Okanogan, Pend Oreille, Spokane, Stevens, and Yakima counties, as well as in the Snake and Walla Walla River((s and their tributaries)) drainages.

Chelan County

((The)) Beaver season is closed in Swakane and Mudd Creek drainages.

Kittitas County

((The)) Beaver season is closed in the following drainages: North fork of Tarpiscan Creek((,)) and ((the)) Umtanum Creek ((drainage)).

Urban Trapping Areas: Special Regulations and Trap Restrictions

The following described areas are closed to the taking of classified furbearing animals, and coyote, opossum, nutria, and skunk, by the use of foot-hold, kill, or snare traps except muskrat and mink may be taken with a number one and one-half foot-hold drowning set or a 110 instant kill trap during lawful trapping seasons as established by the fish and wildlife commission.      In these areas all traps or devices, not capable of killing the animal must be checked and the animal removed within 24 hours.

Thurston County, within the established city limits (including county islands) of Lacey, Olympia, and Tumwater.

Within Snohomish, King, and Pierce counties((.)):      Beginning at the confluence of ((the)) Snohomish River and ((the)) Puget Sound; ((then)) east up ((the)) Snohomish River to Interstate 5 (I-5); ((then)) south on I-5 to Interstate 405 (I-405); ((then)) south on I-405 to I-5; ((then)) south on I-5 to ((its junction with)) Pioneer Way; ((then)) east ((along)) on Pioneer Way to Waller Road; ((then)) south ((along)) on Waller Road to SR 512; ((then)) west ((along)) on SR 512 to Highway 7; ((then)) south on Highway 7 ((to)) and Highway 507 to ((the)) Pierce County line; north on Pierce County line to Puget Sound; ((then)) north along ((the)) coast to ((the)) mouth of ((the)) Snohomish River and point of beginning.

[Statutory Authority: RCW 77.12.040.      98-01-208 (Order 97-252), § 232-28-515, filed 12/23/97, effective 1/23/98.]

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