WSR 04-21-036

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-284 -- Filed October 14, 2004, 2:51 p.m. , effective November 14, 2004 ]


     

     Purpose: Amend WAC 232-28-272 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations, 232-12-243 Public safety cougar removals and 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons; and adopt WAC 232-28-285 2004-2005 Pilot cougar hunting seasons with the aid of dogs.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-28-272, 232-12-243, and 232-28-341.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 04-13-169, 04-13-165, and 04-13-170 on June 23, 2004.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-285 2004-2005 Pilot cougar hunting seasons with the aid of dogs.

     For additional clarification the following changes were made:

     Subsections (1)-(3):

•     Define seasons as either pursuit-or-kill seasons or pursuit-only seasons.

•     Replace quota "filled" with quota "killed."

•     Spelled out "CMU" in the table and removed the word "Draft."

•     Move subsection (5) to new subsection (3).


     Subsection (4):

•     Identify that cougars killed under this section apply towards the quota system.

•     Replace the word removed with killed in the following sentence: "Cougar seasons will be based on a quota system, where permit hunters using dogs may hunt and kill cougar until the allotted numbers of cougar have been removed killed from each hunt zone or March 31, 2005, whichever occurs first."

•     Population modeling has been completed which allowed total quotas to be updated and female quotas to be established. The following changes have been made to the quota table:

     o     Okanogan total quota to 28 cougar and female quota to 11.

     o     Chelan total quota to 10 cougar and female quota to 4.

     o     Ferry-Okanogan female quota to 10.

     o     Stevens-Pend Oreille total quota to 38 cougar and female quota to 15.

•     Discontinue PSCRs in the five county area.


     Subsection (6):

•     Split items under "Permit issuance procedure" into "Permit eligibility" and "Permit issuance procedure" for clarification.

•     Identified the director as setting the date and time that applications are due in subsection (a).

•     For clarification removed the word "hound" and added the words "under this section" to the end of subsection (b).

•     In subsection (c) identified that individuals convicted of unlawful use of dogs in the last five years may not participate.


     Subsection (7):

•     Add language that indicated if a quota is not reached by Feb. 1; additional residents from the five county area will be selected from the pool of unselected applicants and be issued a hound permit.

•     Changed the word "selected" to "drawn at random" for clarification in subsections (7)(b) and (c).

•     Change subsection (7)(c) to new subsection (9).


     Subsection (8):

•     Added a new subsection (a) "Successful applicants must complete a hound permit training program..." A mandatory training program for permit hunters is needed to ensure an understanding and compliance with hunt regulations.

•     In subsection (c) changed the number of cougar that an individual selected for a hound permit may kill and possess from "one" to "two." This change is consistent with a person's ability to purchase a second cougar tag.

•     In subsection (c) added the sentence "However, a hound permit holder may not kill a second cougar in a hunt zone until February 1." Given that participation in this hunt is limited, the opportunity to take a second cougar should be delayed for reasons of equity.

•     In subsection (d) the specific date was removed. Identifying hound handlers prior to the hunt so that they may be included on the permit is the important point.

•     Added a new subsection (h) "Participants are required to maintain and return to the department, upon request, a pilot cougar hunting season logbook..." This information will allow us to gather data from hunt participants.


WAC 232-28-272 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations.

     Under "Hunting Method" for cougar:

•     For clarification added specific WAC numbers that allow hounds to hunt cougar.


WAC 232-12-243 Public safety cougar removals.

     Subsection (3)(b):

•     Changed the date that the public safety cougar removals will be conducted from "March 31" to "March 15."

•     Add language to discontinue PSCRs in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties and replace with cougar removals authorized under WAC 232-28-285 (SSB 6118).

     Subsection (5)(a):

•     Replace quota "filled" and quota "removed" to quota "killed." This is for consistency and clarification.

•     Removed the new text that was added stating, "except in game management units with pilot hound hunting seasons..."


WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons.

     Under "Hound Hunting During Deer and Elk Hunting Seasons":

•     For clarification added specific WAC numbers that allow hounds to hunt cougar.

     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 3, 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.

     Date Adopted: October 1, 2004.

October 14, 2004

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-7429.1


AMENDATORY SECTION(Amending Order 04-98, filed 5/12/04, effective 6/12/04)

WAC 232-28-272   2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations.  


Fall Black Bear Seasons:


2003 Black bear seasons:


Black Bear Management Unit Season Hunt Area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern A Sept. 2 - Nov. 15 GMUs 101-117
Northeastern B Aug. 1 - Nov. 15 GMUs 121-130, 204
Blue Mountains Sept. 2 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 - Nov. 15 PLWMAs 401, 600
Long Island Sept. 2 - Nov. 15 GMU 699

2004 Black bear seasons:


Black Bear Management Unit Season Hunt Area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern A Sept. 7 -

Nov. 15

GMUs 101-117
Northeastern B Aug. 1 - Nov. 15 GMUs 121-130, 204
Blue Mountains Sept. 7 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 - Nov. 15 PLWMAs 401, 600
Long Island Sept. 7 - Nov. 15 GMU 699

2005 Black bear seasons:


Black Bear Management Unit Season Hunt Area
Coastal Aug. 1 - Nov. 15 GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound Aug. 1 - Nov. 15 GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades Aug. 1 - Nov. 15 GMUs 418-450, 460
South Cascades Aug. 1 - Nov. 15 GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan Aug. 1 - Nov. 15 GMUs 203, 209-243
East Cascades Aug. 1 - Nov. 15 GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern A Sept. 6 - Nov. 15 GMUs 101-117
Northeastern B Aug. 1 - Nov. 15 GMUs 121-130, 204
Blue Mountains Sept. 6 - Nov. 15 GMUs 145-154, 162-186
Columbia Basin Aug. 1 - Nov. 15 GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs July 15 -

Nov. 15

PLWMAs 401, 600
Long Island Sept. 6 - Nov. 15 GMU 699

Bag Limit: Two (2) black bear per annual hunting season only one of which may be taken in Eastern Washington.


Area Restriction: Special deer permit required to hunt black bear in GMU 485.


Spring Permit Black Bear Seasons:


Permit quotas for each license year:


Hunt Name Permit Hunt Boundary Permit Level
Blue Creek GMU 154 15
Dayton GMU 162 15
Tucannon GMU 166 10
Wenaha GMU 169 30
Mt. View GMU 172 15
Lick Creek GMU 175 15
Grande Ronde GMU 186 5

Who May Apply: Anyone with a valid Washington big game license, which includes black bear.


Bag Limit: One (1) black bear per black bear special permit season.


Permit Season:
April 15 - May 31. Permits are valid for the license year they are issued.

Requirements for Spring and Fall Black Bear Seasons:


License Required:
A valid big game hunting license, which includes black bear as a species option, is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option. A second black bear transport tag must be purchased to take a second bear.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.


Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar tooth located behind the canine tooth of the upper jaw.


Cougar Seasons:


Seasons for each license year, 2003-2005:


((Cougar Management

Unit

Season Hunt Area
Coastal Aug. 1 - Mar. 15 GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699
Puget Sound Aug. 1 - Mar. 15 GMUs 407, 410, 454, 624-633, 652, 666
North

Cascades

Aug. 1 - Mar. 15 GMUs 418, 426, 437, 448, 450, 460, 466, 485
South

Cascades

Aug. 1 - Mar. 15 GMUs 505, 510-520, 524, 550-574, 653, 654, 667
East

Cascades

North

Aug. 1 - Mar. 15 GMUs 203, 209-247, 249-251, 328, 329, 334-340
East Cascades South Aug. 1 - Mar. 15 GMUs 342-368, 382, 578, 588
Northeastern Aug. 1 - Mar. 15 GMUs 101-133, 204
Blue

Mountains

Aug. 1 - Mar. 15 GMUs 145-154, 162-186
Columbia

Basin

Aug. 1 - Mar. 15 GMUs 136-142, 248, 254-290, 330, 371, 372, 381))

Unit Season Hunt Area Special Restrictions
Coastal Aug. 1 - Mar. 15 GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699 Any legal weapon
Puget Sound Aug. 1 - Mar. 15 GMUs 407, 410, 454, 624-633, 652, 666 Any legal weapon
North

Cascades

Aug. 1 - Mar. 15 GMUs 418, 426, 437, 448, 450, 460, 466, 485 Any legal weapon
South

Cascades

Aug. 1 - Mar. 15 GMUs 505, 510-520, 524, 550-574, 653, 654, 667 Any legal weapon
East

Cascades

North A

Aug. 1 - Mar. 15 GMUs 328, 329, 334-340 Any legal weapon
East

Cascades

North B

Oct. 16 - Nov. 19 GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties Any legal weapon
East

Cascades

North C

Sept. 1 - Nov. 30 GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag.
East Cascades South Aug. 1 - Mar. 15 GMUs 342-368, 382, 578, 588 Any legal weapon
Northeastern A Aug. 1 - Mar. 15 GMUs 124-133 Any legal weapon
Northeastern B Oct. 16 - Nov. 19 GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 Any legal weapon
Northeastern C Sept. 1 - Nov. 30 GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag.
Blue

Mountains

Aug. 1 - Mar. 15 GMUs 145-154, 162-186 Any legal weapon
Columbia

Basin

Aug. 1 - Mar. 15 GMUs 136-142, 248, 254-290, 330, 371, 372, 381 Any legal weapon


Requirements for Cougar Seasons:


License Required: A valid big game hunting license which includes cougar as a species option is required to hunt cougar.


Bag Limit: Two (2) cougar per license year excluding public safety cougar removals. It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.


Area Restriction: Special deer permit required to hunt cougar in GMU 485.


Tag Information: One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar.


Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of hounds to hunt cougar is prohibited except ((during)) by a public safety cougar removal permit (WAC 232-12-243) or commission authorized hound permit (WAC 232-28-285).


Cougar Pelt Sealing: Any person who takes a cougar must notify the department within 72 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-272, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-272, filed 6/12/03, effective 7/13/03; 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]

OTS-7428.2


AMENDATORY SECTION(Amending Order 03-186, filed 8/14/03, effective 9/14/03)

WAC 232-12-243   Public safety cougar removals.   (1) Definitions:

     As used in this section and in the context of public safety cougar removals, the following definitions apply:

     (a) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.

     (b) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.

     (c) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.

     (d) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.

     (e) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.

     (f) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.

     (g) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.

     (h) "Removal" means the act of killing one or more cougar with the aid of dogs.

     (i) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.

     (j) "Human-cougar interaction" means a human-cougar safety incident, livestock or pet depredation, cougar nuisance activity, or cougar sighting event.

     (k) "Dog hunter" means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.

     (2) Public safety cougar removal authorization: The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.

     (3) Public safety cougar removal criteria:

     (a) The commission determines that when the above practical alternatives have been utilized within a game management unit, eleven confirmed human-cougar interactions per year, of which at least four must be confirmed human-cougar safety incidents or livestock/pet depredations, therein demonstrating that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.

     (b) If warranted by conditions of this rule, public safety cougar removal(s) will be conducted annually between December 1st and March 15th in selected areas of game management units designated by the director to address a public safety need presented by one or more cougar, except in game management units ((101 and 204, public safety cougar removal(s) will be conducted annually between January 1 and March 15 for a cougar capture-recapture study)) in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties where cougars will be removed to address public safety and protection of property with pilot cougar hunting seasons with the aid of dogs authorized under WAC 232-28-285.

     (c) The department shall not target more than one hundred nine cougar during a public safety cougar removal period unless otherwise authorized by the commission.

     (4) Public safety cougar removal permit issuance procedure.

     (a) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and game management units being applied for. Individuals may apply for no more than four game management units. An individual's request to be placed on a participant list for a removal period must be postmarked no later than October 1, or be received at the department's Olympia office no later than 5:00 p.m. on October 1, during the year the removal period begins.

     (b) To be eligible for a public safety cougar removal permit (permit), the participant must be a Washington resident dog hunter who, at the time of application for a permit, possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a public safety cougar removal.

     (c) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within fifteen days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.

     (d) Permit holders and all individuals who will accompany the permit holder must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.

     (5) Public safety cougar removals: Quota system and participation in cougar removal.

     (a) ((The)) Public safety cougar ((removal period)) removals will be based on a quota system, where permit holders may hunt cougar until the allotted numbers of cougar have been ((removed)) killed from each game management unit or March 15, whichever is first.

     (b) Permit holders who harvest a cougar before January 15 may continue hunting for a second cougar with dogs. The permit holder must purchase an additional cougar transport tag to hunt and harvest one additional cougar and the permit holder will be issued a second permit. Permit holders who harvest a cougar after January 15 are not eligible to harvest a second cougar with dogs.

     (c) To verify if the cougar removal season is open or closed in each game management unit, the permit holders shall notify the department's enforcement program in Olympia ((at least)) within twenty-four hours prior to exercising a public safety cougar removal permit.

     (d) No more than four total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.

     (e) Hunters killing a cougar during a public safety cougar removal must notify the department's enforcement program in Olympia within twenty-four hours after harvesting the cougar.

     (f) The department reserves the right to accompany permit holders while participating in a public safety cougar removal.

     (6) Public safety cougar removal general requirements.

     (a) A valid big game hunting license which includes cougar as a species option is required to hunt cougar. One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar. Individuals may participate in multiple public safety cougar removals, but must purchase a cougar transport tag for each cougar removed. Purchases in excess of two cougar transport tags must be made at department offices.

     (b) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens. Individuals selected for a public safety cougar removal permit may take one cougar per permit ((and must take the first legal cougar available)).

     (c) Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of dogs to hunt cougar is prohibited except during a public safety cougar removal.

     (d) Any person who takes a cougar must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within seventy-two hours of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.

     (e) The public safety cougar removal permit (permit) belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.

[Statutory Authority: RCW 77.12.047. 03-17-037 (Order 03-186), § 232-12-243, filed 8/14/03, effective 9/14/03; 02-17-013 (Order 02-183), § 232-12-243, filed 8/9/02, effective 9/9/02; 01-20-011 (Order 01-198), § 232-12-243, filed 9/20/01, effective 10/21/01.]

OTS-7431.1


AMENDATORY SECTION(Amending Order 04-98, filed 5/12/04, effective 6/12/04)

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 cougar removal permit (WAC 232-12-243) or a commission authorized hound permit (WAC 232-28-285)), 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. 18 - Dec. 31, 2003; Oct. 23 - Dec. 31, 2004; Oct. 22 - 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.


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


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 Area 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 harvested over 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 pheasants 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 10-11, 2004; April 9-10, 2005; April 8-9, 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.


Open to all hunters with a valid turkey tag: GMUs 105-124. Sept. 25 - Oct. 1, 2004; Sept. 24 - Sept. 30, 2005.


Permit Only: GMUs 101, 133, 145-186, 382, 568-588. Sept. 27 - Oct. 3, 2003; Sept. 25 - Oct. 1, 2004; Sept. 24 - Sept. 30, 2005.


Permit Area Number of Permits
GMU 101 250
GMU 124 100
GMU 133 150
GMUs 145-186 50
GMUs 382, 568-588 75

OFFICIAL HUNTING HOURS/BAG LIMITS FOR WILD TURKEY:

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


Fall Season Bag and Possession Limit: One (1) turkey during the fall hunting season.


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 (T24N, R40E, E 1/2 of section 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 Limit: 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 Limit: 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 Limit: 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.

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-341, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), § 232-28-341, filed 8/5/03, effective 9/5/03; 03-13-047 (Order 03-129), § 232-28-341, filed 6/12/03, effective 7/13/03.]

OTS-7430.3


NEW SECTION
WAC 232-28-285   2004-2005 Pilot cougar hunting seasons with the aid of dogs.   (1) The pilot cougar-hunting season will allow use of dogs to hunt cougar. The hunts will consist of pursuit-or-kill seasons and pursuit-only seasons, and are allowed only in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties.

     (2) Pursuit-or-kill seasons:

     Cougar may be pursued or killed with the aid of dogs from December 1, 2004, until the female zone quota has been killed, the total zone quota has been killed, or March 31, 2005, whichever occurs first; EXCEPT GMUs 101 and 204 where cougar may be pursued or killed from January 1, 2005, until the female zone quota has been killed, the total zone quota has been killed, or March 31, 2005, whichever occurs first.

     (3) Pursuit-only seasons:

     If a zone quota is killed prior to March 31, 2005, cougar may be pursued with dogs in all or portions of that zone until March 31, 2005. Hunters may only pursue cougars in designated pursuit only areas identified on their hound permit. Only hunters selected for the pursuit-or-kill season (accompanied by up to three of their identified handlers) may participate in a pursuit-only season. Hunters may not kill cougar during pursuit-only seasons.

     (4) Hunt areas and kill quotas:

     Cougar seasons will be based on a quota system, where permit hunters using dogs may hunt and kill cougar until the allotted numbers of cougar have been killed from each hunt zone or March 31, 2005, whichever occurs first.

     (a) Kill quotas start September 1 and will include all cougar killed during seasons with and without the aid of dogs, including cougar seasons under this section, cougar seasons without the aid of dogs authorized under WAC 232-28-272, depredation permits, landowner kill permits, and WDFW depredation authority.

     (b) Individual problem cougar will continue to be killed on an as-needed basis utilizing depredation permits, landowner kill permits, and WDFW depredation authority even if these kills result in exceeding a zone quota.


DRAFT QUOTA
CMU Hunt Choice Hunt Zone Area Description Total Female
East Cascades North 9001 Okanogan Those portions of GMUs 203, 209, 215, 218, 233, 224, 231, 239, and 242 within Okanogan County 28 11
9002 Chelan Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County 10 4
Northeastern 9003 Ferry-Okanogan GMUs 101, 204 26 10
9004 Stevens-Pend Oreille Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties 38 15

     (5) Quota hotline:

     Permit hunters participating in a pursuit-or-kill season must call the toll free cougar quota hotline within twenty-four hours prior to each day hunting cougar to determine if the zone quota has been killed and the zone is closed. Hunters who hunt more than one consecutive day must call the quota hotline once daily to determine if the zone quota is killed. Hunters who harvest a cougar with the aid of dogs must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull in such a manner that teeth and biological samples can be extracted to an authorized department employee at the time of sealing.

     (6) Permit eligibility:

     (a) To apply for a permit under this section, individuals must purchase a cougar permit application and submit the application in compliance with WAC 232-28-291 by a date and time identified by the director.

     (b) To be eligible for a permit, the participant must be a Washington resident dog hunter as defined in WAC 232-12-243, who at the time of application for a permit possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a cougar hunt under this section.

     (c) A permit will not be issued to any person who has been convicted of unlawful use of dogs under RCW 77.15.245 within the five-year period prior to December 1, 2004. Any person issued a permit and who is subsequently convicted of any wildlife offense while participating in a pursuit-or-kill or pursuit-only season, or who violates any condition of the permit, will have the permit revoked and will be ineligible to participate in the remainder of the three-year pilot program.

     (7) Permit issuance procedure:

     (a) The number of permits for a pursuit-or-kill season with the aid of dogs may be established by the director, but will not exceed two times the total cougar quota for each hunt zone.

     (b) The department will issue hound permits to the persons whose applications are drawn at random. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's wildlife program in Olympia and accept the hound permit within fifteen days of being notified. Failure to contact the department will result in forfeit of the permit. Permits may not be sold or reassigned.

     (c) If a female zone quota or total zone quota is not killed in a hunt zone by February 1, then the department will issue hound permits to additional hunters. Hunters will be drawn at random from the unselected pool of applicants and must be a resident of one of the five counties.

     (8) Qualifications for participation and requirements:

     In addition to the provisions applicable to all cougar hunters:

     (a) Successful applicants must complete a hound permit training program prior to participating in a pursuit-or-kill season with the aid of dogs.

     (b) Participants must have their hound permit issued by the department in the person's possession while hunting cougar.

     (c) Individuals selected for a hound permit may kill and possess two cougar per permit and only the permittee may kill the cougar(s). However, a hound permit holder may not kill a second cougar in a hunt zone until February 1.

     (d) Individuals selected for a cougar pursuit or kill season with the aid of dogs may identify up to five hound handlers. However, no more than three of the five handlers may accompany the permittee while hunting or pursuing cougar. The names of the five hound handlers must be provided to the department prior to their participation in the hunt. These names will be listed on the hound permit. Hound handlers not identified on the permit are not allowed to participate.

     (e) Hound handlers must be a Washington resident and possess a valid hunting license.

     (f) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.

     (g) Participants must have a vehicle placard issued by the department. The vehicle placard must be placed in the permittee's and hound handler's vehicles and be visible from outside the vehicles at all times while hunting or pursuing cougar.

     (h) Participants are required to maintain and return to the department, upon request, a pilot cougar hunting season logbook. A violation of this requirement under this subsection is punishable as an infraction under RCW 77.15.160.

     (9) The permit belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.

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