WSR 00-22-107

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 1, 2000, 11:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-076.

Title of Rule: Big game and wild turkey auction permits and raffles.

Purpose: Amend WAC 232-28-277 2001 Big game and wild turkey auction permits and raffles.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The amendment sets the auction/raffle permits and seasons through 2003. Also, the amendment will increase auction/raffle opportunities for deer, elk, and mountain goat, and adds an area for bighorn sheep auction/raffle permit holders to hunt.

Reasons Supporting Proposal: The following changes are recommended for big game and wild turkey auction and raffle permits:

     1. Set auction and raffle permit areas, seasons, and quotas now for 2001-2003 so conservation organizations who want to bid on the permits have a chance to submit proposals and advertise the hunts.

     Currently, there are 2 big game and wild turkey auction and raffle WACs (232-28-274 and 232-28-277). Extending the dates of this WAC would allow the department to terminate the superfluous WAC (232-28-274).

     2. Add a deer auction permit and increase season length.

     The recommendations to add a deer auction permit and increase season length are to expand dedicated funding sources for deer management activities.

     3. Add a second elk auction permit and raffle permit and increase season length.

     The recommendations to add a second elk auction/raffle permit and increase season length are to expand dedicated funding sources for elk management activities and to provide a variety of hunting opportunities. The new auction/raffle permit set would be allocated to eastern Washington, while the existing set would be allocated to western Washington.

     4. Add bighorn sheep unit(s) to auction/raffle hunt area.

     Adding a unit to the open areas for auction/raffle permit holders, when consistent with herd status, increases hunter opportunity and likely will increase the revenue generated from auction/raffle sales.

     5. Add mountain goat auction permit and raffle permit.

     Mountain goat numbers have continued to decline over the past decade. Given the marginal status of goats, the department recommends closing any goat units that are not surveyed annually, regardless of suspected status. Currently, there are insufficient funds to survey each open goat unit annually. The recommendation for a goat auction and raffle permit will generate dedicated funds for surveying goats, and thereby help maintain recreational opportunity when consistent with the species biological status.

     6. Change subspecies take regulation for wild turkey to one turkey in western Washington and two turkeys in eastern Washington.

     This change will make auction and raffle regulations consistent with general season regulations.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The recommended rule sets the big game auction/raffle permits and seasons through 2003; increases permit levels and season length for deer and elk; adds a mountain goat auction and raffle permit; increases the area open for bighorn sheep auction and raffle permit holders; and adjusts the bag limit for wild turkey for consistency with general season limits.

     The purpose of the recommendation is to provide a variety of recreational opportunities to the public and generate dedicated funding for species-specific management.

Proposal Changes the Following 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. This rule is not related to the hydraulics code.

Hearing Location: Best Western Southcenter, 15901 West Valley Road, Tukwila, WA, on December 8-9, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 30, 2000, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by November 21, 2000.

Date of Intended Adoption: December 8, 2000.

November 1, 2000

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 00-05, filed 1/24/00)

WAC 232-28-277
2001, 2002, 2003 Big game and wild turkey auction permits and raffles.


BIG GAME AUCTION PERMITS


The director will select a conservation organization(s) to conduct the 2001, 2002, and 2003 auction(s).      Selection of the conservation organizations will be based on criteria adopted by the Washington department of fish and wildlife.      The organization shall notify the department of the name and address of the successful bidder within ten days of the auction.


AUCTION PERMIT HUNT(S)


SPECIES - ONE DEER PERMIT


Hunting Season Dates: September 1-December 31, 2001, 2002, 2003

Hunt Area: State-wide EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMUs 157, 418, 485, and 522 are closed.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag Limit: One additional any buck deer.


SPECIES - ONE WESTSIDE ELK PERMIT


Hunting Season Dates: ((September 15-30, 2001)) September 1-December 31, 2001, 2002, 2003

Hunt Area: ((State-wide in any area open to general or permit season muzzleloader, archery, or modern firearm elk hunting during the 2001 season)) Western Washington EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and ((GMUs 157 and 485)) GMUs 418, 485, 522 are closed.

Bag Limit: One additional any bull elk


SPECIES - ONE EASTSIDE ELK PERMIT


Hunting Season Dates: September 1-December 31, 2001, 2002, 2003

Hunt Area: Eastern Washington EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMU 157 are closed.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag Limit: One additional any bull elk


((ELK AUCTION HUNT PERMITTEE RULES


     (1) Permittee shall contact the appropriate regional office of the department of fish and wildlife when entering the designated hunt area.

     (2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a legal weapon or harvest an animal.

     (3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.

     (4) If requested by the department, the permittee is required to direct department officials to the site of the kill.))


SPECIES - ONE BIGHORN SHEEP PERMIT


Hunting Season Dates: ((September 1 - October 31, 2001)) September 1-October 31, 2001, 2002, 2003

Hunt Area: Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain), Sheep Unit 12 (Lincoln Cliffs), or Sheep Unit 13 (Quilomene).

Bag Limit: One bighorn ram


((BIGHORN SHEEP AUCTION HUNT PERMITTEE RULES


     (1) Permittee shall contact the appropriate regional office of the department of fish and wildlife when entering the designated hunt area.

     (2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a firearm and harvest an animal.

     (3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.

     (4) If requested by the department, the permittee is required to direct department officials to the site of the kill.

     (5) The permittee will present the head and carcass of the bighorn sheep killed to any department office within 72 hours of date of kill.))


SPECIES - ONE MOOSE PERMIT


Hunting Season Dates: ((October 1 - November 30, 2001)) October 1-November 30 2001, 2002, 2003

Hunt Area: Any open moose unit ((open during the 2001 season.))

Bag Limit: One moose of either sex


((MOOSE AUCTION HUNT PERMITTEE RULES


     (1) The permittee may be accompanied by others; however, only the permittee is allowed to carry a legal weapon or harvest an animal.

     (2) If requested by the department, the permittee is required to direct department officials to the site of the kill.))


SPECIES - ONE MOUNTAIN GOAT PERMIT


Hunting Season Dates: September 15-October 31, 2001, 2002, 2003

Hunt Area: Goat Unit 3-6 (Naches Pass), Goat Unit 3-9 (Tieton River), Goat Unit 3-10 (Blazed Ridge), or Goat Unit 5-4 (Goat Rocks).

Bag Limit: One mountain goat of either sex.


RAFFLE PERMITS


((The following raffle)) Raffle permits will be issued to individuals selected through a Washington Department of Fish and Wildlife drawing((:)) or the director may select a conservation organization(s) to conduct the 2001, 2002, 2003 raffle(s). Selection of a conservation organization will be based on criteria adopted by the Washington Department of Fish and Wildlife. The organization shall notify the department of the name and address of the individual selected within ten days of the raffle.


DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: State-wide ((in any area open to general or permit season muzzleloader, archery, or modern firearm deer hunting during the 2001 season, except)), EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMUs ((157 and 485)) 157, 418, 485, and 522 are closed.

Open season: ((The deer raffle permit holder may hunt in any 2001 general or permit archery, muzzleloader, or modern firearm season.)) September 1-December 31, 2001, 2002, 2003

Weapon: ((The raffle hunter may use only archery equipment during archery seasons, muzzleloader equipment during muzzleloader seasons and any legal weapon during modern firearm seasons. Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Number of permits: 1

Raffle ticket cost: $5.00 including a 50-cent vendor fee.


WESTSIDE ELK RAFFLE PERMIT HUNT

Bag limit: One additional any bull elk

Open area: ((State-wide in any area open to general or permit season muzzleloader, archery, or modern firearm elk hunting during the 2001 season, except)) Western Washington EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMUs ((157 and 485)) 418, 485, and 522 are closed.

Open season: ((The elk raffle permit holder may hunt in any 2001 general or permit archery, muzzleloader, or modern firearm season.))

Weapon: ((The raffle permit hunter may use only archery equipment during archery seasons, muzzleloader equipment during muzzleloader seasons and any legal weapon during modern firearm seasons.)) Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Number of permits: 1

Raffle ticket cost: $5.00 including a 50-cent vendor fee.


EASTSIDE ELK RAFFLE PERMIT HUNT


Bag limit: One additional any bull elk

Open area: Eastern Washington EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMU 157 are closed.

Open season: September 1-December 31, 2001, 2002, 2003

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Number of permits: 1

Raffle ticket cost: $5.00 including a 50-cent vendor fee.


BIGHORN SHEEP RAFFLE PERMIT HUNT


Bag limit: One bighorn ram

Open area: Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain), Sheep Unit 12 (Lincoln Cliffs), or Sheep Unit 13 (Quilomene).

Open season: ((September 1 - October 31, 2001.)) September 1-October 31, 2001, 2002, 2003

Weapon: Hunter may use any legal weapon.

Number of permits: 1

Raffle ticket cost: $10.00 including a 50-cent vendor fee.

     (((1) Permittee shall contact the appropriate regional office of the department when entering the designated hunt area.

     (2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a firearm and harvest an animal.

     (3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.

     (4) If requested by the department, the permittee is required to accompany department officials to the site of the kill.

     (5) The permittee will present the head and carcass of the bighorn sheep killed to any department office within 72 hours of date of kill.))


MOOSE RAFFLE PERMIT HUNT


Bag limit: One moose of either sex

Open area: ((Hunter may hunt in any)) Any open moose unit ((open during the 2001 season)).

Open season: ((October 1 - November 30, 2001.)) October 1-November 30, 2001, 2002, 2003

Weapon: Hunter may use any legal weapon.

Number of permits: 1

Raffle ticket cost: $5.00 including a 50-cent vendor fee.

     (((1) Permittee shall contact the appropriate regional office of the department when entering the designated hunt area.

     (2) If requested by the department, the permittee is required to accompany department officials to the site of the kill.))


Mountain goat raffle permit hunt


Bag Limit: One mountain goat of either sex.

Open area: Goat Unit 3-6 (Naches Pass), Goat Unit 3-9 (Tieton River), Goat Unit 3-10 (Blazed Ridge), or Goat Unit 5-4 (Goat Rocks).

Open Season: September 15-October 31, 2001, 2002, 2003

Weapon: Hunter may use any legal weapon.

Number of permits: 1

Raffle tickets cost: $5.00 including a 50-cent vendor fee.


TURKEY RAFFLE PERMIT HUNT


Bag limit: Three (3) additional wild turkeys, but not to exceed more than one ((of each subspecies: Eastern, Rio Grande, and Merriams)) turkey in western Washington or two turkeys in eastern Washington.

Open area: State-wide.

Open season: ((April 1 - May 31, 2001.)) April 1-May 31, 2001, 2002, 2003

Weapon: Archery or shotgun only. Number of permits: 2

Raffle ticket cost: $5.00 including a 50-cent vendor fee.

     (((1) Permittee shall contact the appropriate regional office of the department when entering the region to hunt outside the general season for wild turkeys.

     (2) The permittee may be accompanied by others.      Only the permittee is allowed to carry a weapon and harvest a turkey outside the general season.))


Auction and raffle hunt permittee rules

(1) Permittee shall contact the appropriate regional office of the Department of Fish and Wildlife when entering the designated hunt area or entering the region to hunt outside the general season.
(2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a legal weapon or harvest an animal.
(3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.
(4) If requested by the department, the permittee is required to direct department officials to the site of the kill.
(5) The permit is valid during the hunting season dates for the year issued.
(6) The permittee will present the head and carcass of the bighorn sheep killed to any department office within 72 hours of date of kill.
(7) The permittee must abide by all local, state, and federal regulations including firearm restriction areas and area closures.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780.      00-04-017 (Order 00-05), § 232-28-277, filed 1/24/00, effective 2/24/00.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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