WSR 05-11-021

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-85 -- Filed May 10, 2005, 2:07 p.m. , effective May 15, 2005 ]


Effective Date of Rule: May 15, 2005.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.

Purpose: Amend WAC 232-28-266 Landowner damage hunts.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-266.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 05-06-108 on March 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: Changes, if any, from the text of the proposed rule and reasons for difference:

&sqbul; In the first paragraph, the sentence regarding damage claims is changed to read: "Landowner agrees not to claim damage payments, except Elk Areas 3721 and 3722, and will allow access to hunters during the general hunting seasons." The change is the addition of Elk Area 3722 to the exception. This change was made at the request of landowners. It helps the department gain the cooperation of landowners and achieve elk population objectives.
&sqbul; A subheading was added to differentiate the damage permits intended specifically for the elk areas near Hanford from the statewide damage permits. This change clarifies the distinction between statewide and permits specific to certain elk areas.
&sqbul; Under Elk Area 3721 the quotas and time periods have been adjusted. These changes maintain hunting opportunity adjacent to Hanford, contribute to population control, and help address damage issues.
&sqbul; A special note has been added which puts conditions on the use of special permits in Elk Area 3721. This change maintains hunting opportunity adjacent to Hanford, contributes to population control, and helps address damage issues.
&sqbul; Under Elk Area 3721, modify the start date of the bulls only permits to start May 15 instead of June 1 to reduce damage from elk in croplands during the month of May.
&sqbul; In the special note regarding permits in the Hanford Area modify the last sentence to read: "The director may consider damage claims from landowners in Elk Areas 3721 and 3722 who accept these permits and do not charge for access." This language adds Elk Area 3722 to the consideration of damage claims.

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 0, Amended 1, 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: April 9, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-7892.3


AMENDATORY SECTION(Amending Order 03-80, filed 4/25/03, effective 5/26/03)

WAC 232-28-266   2003-2004, 2004-2005, 2005-2006 Landowner damage hunts.  


LANDOWNER DAMAGE HUNTS


A landowner with deer/elk damage will enter into a Cooperative Agreement with WDFW and establish a boundary for deer/elk hunt, season dates within the framework and number of animals to be removed. Landowner agrees not to claim damage payments, except Elk Areas 3721 and 3722, and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A landowner damage access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.


Deer:

Tag Required: Deer hunter must have a current valid, unaltered, unnotched deer tag on his/her person.


Hunting Method: Any legal weapon.


Season Framework:

2003-2004 2004-2005 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31
Location: Statewide


Legal Deer: Antlerless Only


Kill Quota: 600 Statewide


Elk:


Tag Required: Elk hunter must have a current valid, unaltered, unnotched elk tag on his/her person.


Hunting Method: Any legal weapon


Season Framework:

2003-2004 2004-2005 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31
Location: Statewide


Legal Elk: Antlerless Only


Kill Quota: 200 Statewide


Location: Hanford Area


Elk Area 3722


Kill Quota: 30 any elk; 10 spike bull or antlerless; 60 antlerless only


Elk Area 3721


Kill Quota: 50 spike or antlerless during Aug. 1 - March 31, 2006; 30 bulls only during May 15 - July 31, except spike only July 1-31.


Special Note((s)): ((A landowner with deer/elk damage will enter into a Cooperative Agreement with WDFW and establish a boundary for deer/elk hunt, season dates within the framework and number of animals to be removed. Landowner agrees not to claim damage payments and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A landowner damage access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.)) Access in Elk Area 3721 may not be sold as a condition of use of these permits. The director may consider damage claims from landowners in Elk Areas 3721 and 3722 who accept these permits and do not charge for access.

[Statutory Authority: RCW 77.12.047. 03-10-009 (Order 03-80), 232-28-266, filed 4/25/03, effective 5/26/03. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-266, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-05-074, 232-28-266, filed 2/19/97, effective 3/22/97.]

Washington State Code Reviser's Office