WSR 03-06-106

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 5, 2003, 10:22 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-02-102.

     Purpose: Adopt WAC 232-28-341 2003-04, 2004-05, and 2005-06 Small game seasons; repeal WAC 232-28-276 2000-01, 2001-02, and 2002-03 Official hunting hours and small game seasons; and amend WAC 232-12-068 Nontoxic shot requirement.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: WAC 232-28-341 describes hunting season timing, hunting requirements, and applicable permit levels for the following species: Bobcat, raccoon, fox, coyote, forest grouse, pheasant, chukar, gray partridge, mountain quail, California quail, bobwhite, wild turkey, Canada goose, band-tailed pigeon, mourning dove, cottontail rabbits, snowshoe hare, and crow. It also describes falconry and dog training seasons. The recommended changes are calendar date shifts, removal of shooting hours (which have been relocated to WAC 232-12-289), addition of a youth hunting season for chukar, gray partridge and wild turkeys, making the opening of eastern Washington upland bird seasons consistent throughout all species (Oct. 1), expansion of fall turkey hunting opportunity in northeast Washington through an increase in permits, requiring a small game license for training dogs on wild birds, and a shortened early Canada goose season.

     Repeal obsolete WAC 232-28-276 effective June 1, 2003.

     The recommended change to WAC 232-12-068 is to require nontoxic shot for all of Whidbey Island pheasant release sites, not just Seaplane Base, OLF Coupeville, and Bayview release sites.

     Reasons Supporting Proposal: WAC 232-28-341, establishes recreational opportunity within biological constraints.

     WAC 232-12-068, there is a reasonable probability that game birds and game animals could ingest toxic shot on Whidbey Island's pheasant release sites that currently allow hunters to use lead shot.

     Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Natural Resources Building, 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: WAC 232-28-341, the rule describes hunting season timing, hunting requirements, and applicable permit levels for small game animals and describes falconry and dog-training seasons. The purpose of the rule is to maximize recreational hunting opportunities for small game, consistent with management objectives. The anticipated effect is status quo hunting opportunity, except more opportunity for youth hunters, more turkey opportunity, and less early Canada goose hunting opportunity.

     WAC 232-12-068, the rule describes requirements for nontoxic shot and where it's required to hunt game birds. The purpose of the recommended change is to minimize the level of toxic shot on Whidbey Island pheasant release sites. The anticipated effect is a smaller probability of wildlife ingesting toxic shot.

     Proposal Changes the Following Existing Rules: WAC 232-28-341, calendar date changes for status quo seasons, increase youth hunting opportunity, shorter early Canada goose season, removal of shooting hours, and refinements in small game license requirements.

     WAC 232-12-068, the proposed recommendation makes toxic shot required for all of Whidbey Island, not just Seaplane Base, OLF Coupeville, and Bayview release sites.

     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.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Moses Lake Convention Center, 1475 Nelson Road, Moses Lake, WA 98837, on April 11-12, 2003, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Susan Yeager by April 7, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Washington Department of Fish and Wildlife, Attn: Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 25, 2003.

     Date of Intended Adoption: April 11, 2003.

March 5, 2003

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 232-28-341   2003-04, 2004-05, 2005-06 Small game seasons  
HOUND HUNTING DURING DEER AND ELK HUNTING SEASONS


It is unlawful to hunt any wildlife at night or wild animals with dogs (hounds) during the months of September, October, or November in any area open to a center-fire rifle deer or elk season. The use of hounds to hunt black bear, cougar (EXCEPT by public safety removal permit), and bobcat is prohibited year around.


BOBCAT


Bag and Possession Limits: No Limit


OPEN SEASON: Statewide


Sept. 2, 2003-Mar. 15, 2004; Sept. 7, 2004-Mar. 15, 2005; Sept. 6, 2005-Mar. 15, 2006


RACCOON


Bag and Possession Limits: No Limit


OPEN SEASON: Statewide, except CLOSED on Long Island within Willapa National Wildlife Refuge.


Sept. 2, 2003-Mar. 15, 2004; Sept. 7, 2004-Mar. 15, 2005; Sept. 6, 2005-Mar. 15, 2006


FOX


Bag and Possession Limits: No Limit


OPEN SEASON: Statewide, except CLOSED within the exterior boundaries of the Mount Baker-Snoqualmie, Okanogan, Wenatchee, and Gifford Pinchot National Forests and GMUs 407 and 410.


Sept. 2, 2003-Mar. 15, 2004; Sept. 7, 2004-Mar. 15, 2005; Sept. 6, 2005-Mar. 15, 2006


COYOTE


Bag and Possession Limits: No Limit


OPEN SEASON: Statewide, year around except CLOSED from September 15 to November 30 in the Pasayten Wilderness, GMUs 426 and 450, and those portions of GMUs 218, 245, and 448 within the external boundaries of the Mount Baker-Snoqualmie, Okanogan, and Wenatchee National Forests. However, coyote may only be killed and/or pursued with hounds during the following period: Sept. 2, 2003-Mar. 15, 2004; Sept. 7, 2004-Mar. 15, 2005; Sept. 6, 2005-Mar. 15, 2006; except coyote may be hunted year around with hounds in Grant, Adams, Benton, and Franklin counties.


FOREST GROUSE (BLUE, RUFFED, AND SPRUCE)


Bag and Possession Limits: Three (3) grouse per day, with a total of nine (9) grouse in possession at any time; straight or mixed bag.


Statewide: Sept. 1-Dec. 31, 2003; Sept. 1-Dec. 31, 2004; Sept. 1-Dec. 31, 2005


PTARMIGAN, SAGE, AND SHARP-TAILED GROUSE


Season closed statewide.


EASTERN WASHINGTON


RING-NECKED PHEASANT


Bag and Possession Limits: Three (3) cock pheasants per day, with a total of fifteen (15) cock pheasants in possession at any time.


Youth Season: Sept. 20 and 21, 2003; Sept. 18 and 19, 2004; Sept. 17 and 18, 2005. Open only to youth hunters accompanied by an adult at least 18 years old.


Regular Season: Oct. 4-Dec. 31, 2003, Oct. 2-Dec. 31, 2004; Oct. 1-Dec. 31, 2005


CHUKAR


Bag and Possession Limits: Six (6) chukar per day, with a total of eighteen (18) chukar in possession at any time.


Youth Season: Sept. 20 and 21, 2003; Sept. 18 and 19, 2004; Sept. 17 and 18, 2005. Open only to youth hunters accompanied by an adult at least 18 years old.


Regular Season: Oct. 4, 2003-Jan. 19, 2004; Oct. 2, 2004-Jan. 17, 2005; Oct. 1, 2005-Jan. 16, 2006.


GRAY (HUNGARIAN) PARTRIDGE


Bag and Possession Limits: Six (6) gray partridges per day, with a total of eighteen (18) gray partridges in possession at any time.


Youth Season: Sept. 20 and 21, 2003; Sept. 18 and 19, 2004; Sept. 17 and 18, 2005. Open only to youth hunters accompanied by an adult at least 18 years old.


Regular Season: Oct. 4, 2003-Jan. 19, 2004; Oct. 2, 2004-Jan. 17, 2005; Oct. 1, 2005-Jan. 16, 2006


MOUNTAIN QUAIL


Season closed throughout Eastern Washington.


CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE


Bag and Possession Limits: Ten (10) quail per day, with a total of thirty (30) quail in possession at any time, straight or mixed bag.


Youth Season: Sept. 20 and 21, 2003; Sept. 18 and 19, 2004; Sept. 17 and 18, 2005. Open only to youth hunters accompanied by an adult at least 18 years old.


Regular Season: Oct. 4, 2003-Jan. 19, 2004; Oct. 2, 2004-Jan. 17, 2005; Oct. 1, 2005-Jan. 16, 2006


Yakama Indian Reservation: The 2003-04, 2004-05, 2005-06 Upland bird seasons within the Yakama Indian Reservation shall be the same as the season established by the Yakama Indian Nation.


WESTERN WASHINGTON


RING-NECKED PHEASANT


Bag and Possession Limits: Two (2) pheasants of either sex per day, with a total of fifteen (15) pheasants in possession at any time.


Youth Season: Sept. 20 and 21, 2003; Sept. 18 and 19, 2004; Sept. 17 and 18, 2005. Open only to youth hunters accompanied by an adult at least 18 years old.


Hunters 65 years of age or older: Sept. 22-26, 2003; Sept. 20-24, 2004; Sept. 19-23, 2005


Regular Season: Sept. 27-Nov. 30, 2003; Sept. 25-Nov. 30, 2004; Sept. 24-Nov. 30, 2005. 8 a.m. to 4 p.m.; except Dungeness Recreation site (Clallam County) starting Oct. 4, 2003; Oct. 2, 2004; Oct. 1, 2005.


Extended Season: Dec. 1-Dec. 15, 2003; Dec. 1-Dec. 15, 2004, Dec. 1-15, 2005. 8 a.m. to 4 p.m. only on the following release sites: Belfair, Fort Lewis, Kosmos, Lincoln Creek, Scatter Creek, and Skookumchuck. Pheasants will not be released during the extended season.


A Western Washington Pheasant Permit is required to hunt pheasant in Western Washington, in addition to a current small game hunting license. Pheasant kills must be recorded. Upon taking a pheasant, the holder of a Western Washington Pheasant Permit must immediately enter on the corresponding space the date and location of kill.


There are three options available:


(1) Full Season Option: Allows the harvest of eight (8) pheasants.

(2) Youth Option: Allows the harvest of eight (8) pheasants by youth hunters.

(3) 3-Day Option: Allows the harvest of four (4) pheasants during three consecutive days.


Every person possessing a Western Washington Pheasant Permit must by December 31, return the permit to the Department of Fish and Wildlife. The number of permits purchased per year is not limited.


A hunter shall select one valid option at the time they purchase their Western Washington Pheasant Permit. It is unlawful to purchase an additional permit until the eight pheasant allowed on the current permit are taken.


Special Restriction: Western Washington pheasant hunters must choose to hunt on either odd-numbered or even-numbered weekend days from 8:00 - 10:00 a.m. at all units of Lake Terrell, Tennant Lake, Snoqualmie, Skagit, Skookumchuck, and Scatter Creek Wildlife Areas, all hunting sites on Whidbey Island, and at the Dungeness Recreation Area, and must indicate their choice on the Western Washington Pheasant Permit by choosing "odd" or "even." Hunters who select the three day option, hunters 65 years of age or older, and youth hunters may hunt during either weekend day morning. Youth hunters must be accompanied by an adult at least 18 years old who must have an appropriately marked pheasant permit if hunting.


MOUNTAIN QUAIL


Bag and Possession Limits: Two (2) mountain quail per day, with a total of four (4) mountain quail in possession at any time.


Season: Oct. 4-Nov. 30, 2003; Oct. 2-Nov. 30, 2004; Oct. 1-Nov. 30, 2005


CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE


Bag and Possession Limits: Ten (10) California (valley) quail or northern bobwhite per day, with a total of thirty (30) California (valley) quail or northern bobwhite in possession at any time, straight or mixed bag.


Season: Oct. 4-Nov. 30, 2003; Oct. 2-Nov. 30, 2004; Oct. 1-Nov. 30, 2005


WILD TURKEY


Youth Season:

Gobblers and turkeys with visible beards only.

Statewide: April 13-14, 2004; April 12-13, 2005; April 11-12, 2006 in the following GMUs ONLY: 101, 113, 117, 130, 133, 139, 145-154, 166, 175, 186, 204, 215, 218, 242, 245, 249-251, 269, 328, 329, 346, 352, 360-368, 382, 506, 554, 556, 568, 574, 588, 633, 651, 660-666.


Spring Season:

Gobblers and Turkeys with Visible Beards Only.

Statewide: April 15-May 15, 2004; April 15-May 15, 2005; April 15-May 15, 2006.


Fall Season:

Either Sex.

Permit Only - GMUs 101, 105, 111, 113, 117, 121, 133, 145-186, 382, 568-588. Sept. 27-Oct. 3, 2003; Sept. 25-Oct. 1, 2004; Sept. 25-Sept. 30, 2005


Permit Area Number of Permits
GMU 101 200
GMU 105 100
GMU 108 200
GMU 111 100
GMU 113 100
GMU 117 400
GMU 121 800
GMU 133 150
GMUs 145-186 50
GMUs 382, 568-588 75
OFFICIAL HUNTING HOURS/BAG LIMITS FOR WILD TURKEY:

Bag and Possession Limit: One (1) wild turkey per day, only two (2) may be killed in Eastern Washington per year, except only one (1) may be killed in Chelan, Kittitas, or Yakima counties; and one per year in Western Washington, except two (2) may be killed in Klickitat County. The season limit is three (3) birds per year.

Hunting Hours: One-half hour before sunrise to sunset during spring and fall seasons.

SPECIAL REGULATIONS FOR WILD TURKEY:

1. Turkey season is open for shotgun and bow-and-arrow hunting only.
2. A turkey tag is required for hunting turkey.
3. It is unlawful to use dogs to hunt turkeys.
4. It is unlawful to bait game birds.

BIRD DOG TRAINING SEASON

Wild upland game birds may be pursued during the dog-training season, but may not be killed except during established hunting seasons. A small game license is required to train dogs on wild game birds. A small game license and a Western Washington Pheasant Permit is required to train dogs on pheasants in western Washington. Captive raised game birds may be released and killed during dog training if proof of lawful acquisition (invoices) are in possession and the birds are appropriately marked (WAC 232-12-271) (WAC 232-12-044).

Aug. 1, 2003-Mar. 31, 2004; Aug. 1, 2004-Mar. 31, 2005; Aug. 1, 2005-Mar. 31, 2006. Only youth and seniors may train dogs during their respective seasons on designated western Washington pheasant release sites.

Bird dog training may be conducted year around on areas posted for bird dog training on portions of: Region One - Espanola (T 24 N, R 40 E, E 1/2 of Sec. 16); Region Three - South L.T. Murray Wildlife Area; Region Four - Skagit Wildlife Area, Lake Terrell Wildlife Area, and Snoqualmie Wildlife Area; Region Five - Shillapoo/Vancouver Lake Wildlife Area; Region Six - Scatter Creek Wildlife Area, Fort Lewis Military Base.

HIP REQUIREMENTS:

All hunters age 16 and over of migratory game birds (duck, goose, coot, snipe, mourning dove) are required to complete a Harvest Information Program (HIP) survey at a license dealer, and possess a Washington Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds. Youth hunters are required to complete a HIP survey, and possess a free Washington Youth Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds.

CANADA GOOSE SEPTEMBER SEASON

Bag and Possession Limits: Western Washington, except Cowlitz and Wahkiakum counties and that part of Clark County north of the Washougal River: Five (5) Canada geese per day with a total of ten (10) in possession at any time. Remainder of the state: Three (3) Canada geese per day with a total of six (6) in possession at any time.

Western Washington: Sept. 6-11, 2003; Sept. 11-15, 2004; Sept. 10-15, 2005. EXCEPT Pacific and Grays Harbor counties: Sept. 1-15, 2003, 2004, and 2005.

Eastern Washington: Sept. 6-7, 2003; Sept. 11-12, 2004; Sept. 10-11, 2005.

BAND-TAILED PIGEON

Sept. 15-23, 2003, 2004, 2005.

Daily bag limit: 2 band-tailed pigeons.

Possession limit: 4 band-tailed pigeons.

WRITTEN AUTHORIZATION REQUIRED TO HUNT BAND-TAILED PIGEONS.

All persons hunting band-tailed pigeons in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Application forms must be delivered to a department office no later than August 25 or postmarked on or before August 25 in order for applicants to be mailed an authorization before the season starts. Immediately after taking a band-tailed pigeon into possession, hunters must record in ink the information required on the harvest report. By September 30, 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 following band-tailed pigeon season.

MOURNING DOVE

Bag and Possession Limits: Ten (10) mourning doves per day with a total of twenty (20) mourning doves in possession at any time.

Statewide: Sept. 1-15, 2003, 2004, and 2005

COTTONTAIL AND SNOWSHOE HARE (OR WASHINGTON HARE)

Bag and Possession Limits: Five (5) cottontails or snowshoe hares per day, with a total of fifteen (15) in possession at any time, straight or mixed bag.

Statewide: Sept. 1, 2003-Mar. 15, 2004; Sept. 1, 2004-Mar. 15, 2005; Sept. 1, 2005-Mar. 15, 2006.

JACKRABBIT

Closed season statewide.

CROWS

Bag and Possession Limits: No Limit

Statewide: Oct. 1, 2003-Jan. 31, 2004; Oct. 1, 2004-Jan. 31, 2005; Oct. 1, 2005-Jan. 31, 2006

FALCONRY SEASONS

UPLAND GAME BIRD AND FOREST GROUSE - FALCONRY

Daily Bag: Two (2) pheasants (either sex), six (6) partridge, five (5) California (valley) quail or northern bobwhite, two (2) mountain quail (in western Washington only), and three (3) forest grouse (blue, ruffed, spruce) per day.

Possession limit is twice the daily bag limit.

Statewide: Aug. 1, 2003-Mar. 15, 2004; Aug. 1, 2004-Mar. 15, 2005; Aug. 1, 2005-Mar. 15, 2006

MOURNING DOVE - FALCONRY

Daily Bag: Three (3) mourning doves per day straight bag or mixed bag with snipe, coots, ducks, and geese during established seasons.

Possession limit is twice the daily limit.

Statewide: Sept. 1-15 and Oct. 1-Dec. 31, 2003; Sept. 1-15 and Oct. 1-Dec. 31, 2004; Sept. 1-15 and Oct. 1-Dec. 31, 2005.

COTTONTAIL AND SNOWSHOE HARE - FALCONRY

Daily Bag: Five (5) cottontails or snowshoe hares per day, straight or mixed bag.

Possession limit is twice the daily bag limit.

Statewide: Aug. 1, 2003-Mar. 15, 2004; Aug. 1, 2004-Mar. 15, 2005; Aug. 1, 2005-Mar. 15, 2006.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed, effective June 1, 2003:

WAC 232-28-276 2000-01, 2001-02, and 2002-03 Official hunting hours and small game seasons

AMENDATORY SECTION(Amending Order 01-157, filed 8/20/01, effective 9/20/01)

WAC 232-12-068   Nontoxic shot requirements.   It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes steel shot, bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent residual lead), tungsten-iron shot (40 parts tungsten: 60 parts iron with <1 percent residual lead), tungsten-polymer shot (95.5 parts tungsten: 4.5 parts nylon 6 or 11 with <1 percent residual lead), tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead), tin shot (99.9 percent tin with <1 percent residual lead), or tungsten-nickel-iron shot (50% tungsten: 35% nickel: 15% iron with <1 percent residual lead). The director may adopt additional nontoxic shot types consistent with federal regulations.

     It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

     Bridgeport Bar segment of the Well's Wildlife Area

     Cowlitz Wildlife Area

     Lake Terrell Wildlife Area (including Tennant Lake and other segments)

     Shillapoo Wildlife Area

     Skagit Wildlife Area (all segments)

     Snoqualmie Wildlife Area (all segments)

     Sunnyside Wildlife Area

     The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area

     Vancouver Lake Wildlife Area


It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:

     Chehalis River pheasant release site

     Dungeness Recreation Area

     Hunter Farms pheasant release site

     Raymond Airport pheasant release site

     Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge

     All Whidbey Island ((Seaplane Base, OLF Coupeville, and Bayview)) pheasant release sites

[Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), § 232-12-068, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-12-068, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), § 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), § 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), § 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) § 232-12-068, filed 9/1/95, effective 10/2/95.]

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