WSR 05-13-193

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 22, 2005, 10:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-10-104.

Title of Rule and Other Identifying Information: WAC 232-28-299 Mandatory report of hunting activity, 232-12-421 Hunt or possess big game without an access permit, 232-12-422 Hunt or possess a wild animal or wild bird without an access permit, and 232-12-423 Public hunting and access agreements defined.

Hearing Location(s): Mairabeau Park Hotel, North 1100 Sullivan Road, Spokane Valley, WA 99037, (509) 924-9000, on August 5-6, 2005, at 8:00 a.m.

Date of Intended Adoption: August 5, 2005.

Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2612, by Monday, July 18, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 1, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-299, amends the rule to create a $10 penalty for failure to report hunting activity for deer, elk, bear, and turkey by the 31st of January. It also eliminates the requirement to report prior to receiving a license. The penalty must be paid instead of providing the late harvest report.

WAC 232-12-421, this proposal establishes a new rule, which makes hunting or possessing big game taken on private lands under agreement with the department without an access permit punishable as a gross misdemeanor or class C felony as appropriate.

WAC 232-12-422, this proposal establishes a new rule, which makes hunting or possessing a wild animal or wild bird taken on private lands under agreement with the department without an access permit punishable as a misdemeanor.

WAC 232-12-423, this proposal establishes a new rule that defines "public hunting" for the purpose of paying damage claims and defines department access programs.

Reasons Supporting Proposal: WAC 232-28-299, reporting compliance has declined each year since the requirement was established four years ago. Accurate harvest information is necessary for developing hunting season recommendations and determining the effect of regulations on these game species.

WAC 232-12-421, this rule raises the level of penalty for trespass for the purpose of big game hunting on those private lands under agreement with the department.

WAC 232-12-422, this rule provides greater clarity of violation of access permit requirements than simple trespass or failure to obey posted signs.

WAC 232-12-423, this rule clarifies what constitutes public hunting for the purpose of claiming damage and allows the department to craft [draft] hunting opportunities that will help alleviate or reduce crop damage.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

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

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

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.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 21, 2005

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 02-129, filed 7/8/02, effective 8/8/02)

WAC 232-28-299   Mandatory report of hunting activity.   (1) All hunters purchasing a hunting license must report their hunting activity for deer, elk, bear, or turkey.

(a) Hunters must report hunting activity, for each tag acquired, by January 31.

(b) Reports must be made using the department's designated automated telephone hunter reporting system (toll free) or internet hunter reporting system.

(c) Any hunter not reporting, for each tag acquired, by January 31 will be in noncompliance of reporting requirements.

(d) Compliance will be credited for each species for which a transport tag is acquired.

(2) As an incentive for prompt reporting, all successful hunters who report harvest within 10 days of killing an animal and unsuccessful hunters who report by midnight January 10 or within 10 days after the last day of their permit hunt will be entered into a drawing for special deer and elk incentive permits. To be eligible for the drawing, hunters must report their hunting activity for each transport tag acquired.

((Special incentive permits for 2002.

(a) There will be two (2) any elk special incentive permits for western Washington and two (2) for eastern Washington for use in any area open to general or permit hunting seasons EXCEPT private lands wildlife management areas and GMUs 157, 162, 166, and 485.

(b) There will be five (5) statewide any deer special incentive permits, for use in any area open to general or permit hunting seasons EXCEPT private lands wildlife management areas and GMUs 157 and 485.

(c) Open season: The deer or elk special incentive permit hunter must use archery equipment during archery seasons, muzzleloader equipment during muzzleloader seasons, and any legal weapon at other times if there are no firearm restrictions.

(d) The dates for the hunts will be September 1 to December 31, 2002.

(e) Hunters awarded the special incentive permit will be required to send the appropriate license fee to the department of fish and wildlife headquarters in Olympia. The department will issue the license and transport tag and send it to the special incentive permit winner.

(f) Bag limit: One additional deer or elk.))

(3) ((Beginning with license year 2002 and there after, hunters)) Hunters who have not reported hunting activity by January 31 for ((the)) deer, elk, bear, or turkey tags acquired the previous year will be required to ((complete a hunting report for those species)) pay a $10 penalty before a new license ((for)) that ((species)) includes deer, elk, bear, or turkey tags will be issued. A hunter may only be penalized a maximum of $10 during a license year.

[Statutory Authority: RCW 77.12.047. 02-15-018 (Order 02-129), 232-28-299, filed 7/8/02, effective 8/8/02. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-299, filed 4/26/01, effective 5/27/01.]


NEW SECTION
WAC 232-12-421   Hunt or possess big game without an access permit.   (1) It is unlawful to hunt for big game or possess big game taken on property under an access agreement between the landowner or land manager and the department, unless the hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits.

(2) Each big game animal possessed in violation of this section shall be treated as a separate offense under RCW 77.15.030.

(3) Violation of this section is punishable under RCW 77.15.410, unlawful recreational hunting of big game in the second degree, unless the hunting for or possession of big game constitutes unlawful recreational hunting of big game in the first degree.

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NEW SECTION
WAC 232-12-422   Hunt or possess a wild animal or wild bird without an access permit.   (1) It is unlawful to hunt for a wild animal except big game or wild bird or possess any wild animal except big game or wild bird taken on property under an access agreement between the landowner or land manager and the department, unless the hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits.

(2) Violation of this section is punishable under RCWs 77.15.400 or 77.15.430.

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NEW SECTION
WAC 232-12-423   Public hunting defined and access agreements   "Public hunting" generally means that land is open to hunting for all licensed hunters.

(1) For the purpose of defining the term "public hunting" for payment of crop damage in RCW 77.36.060, "public hunting" has been allowed by the landowner when:

(a) The landowner opens the property on which the damage is claimed under RCW 77.36.040, for general access to all licensed hunters; or

(b) The landowner had entered into and complied with an Access Agreement with the department covering the land(s) on which the damage is claimed under RCW 77.36.040, for the hunting season prior to the occurrence of the damage.

(2) Access Agreements shall require that:

(a) The land is open to general access to all licensed hunters; or

(b) The landowner allows the department to select the hunters who are authorized to access the land; or

(c) The landowner and the department share selection of the hunters authorized to hunt on the landowner's land consistent with applicable commission policy or rule.

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Washington State Code Reviser's Office