WSR 05-21-113

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 18, 2005, 4:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-195.

Title of Rule and Other Identifying Information: WAC 232-28-282 Big game and wild turkey auction, raffle, and special incentive permits and 232-28-284 2005 Spring black bear damage seasons and regulations.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504, on December 2-3, 2005, at 8:00 a.m.

Date of Intended Adoption: December 2, 2005.

Submit Written Comments to: 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, November 14, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 30, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-282 Establishes auction and raffle permits for big game species.

(A) Consistent with a public request and the status of mountain goat populations, the department is recommending increasing the number of mountain goat raffle permits from one to two. The increased harvest will not impact the sustainability of mountain goat populations.

(B) The department is also recommending reducing the number of turkey raffle hunts from six to three. No anticipated biological effect.

(C) The department is recommending removing all language regarding private lands wildlife management areas (PLWMAs) because the program is currently being revised and the language is no longer necessary. No anticipated biological effect.

(D) The department is also recommending removing language that expired in 2004. No anticipated biological effect.

WAC 232-28-284 establishes spring black bears [bear] seasons. The anticipated effects are to reduce female harvest, to focus harvest pressure, and to reduce damage to trees. Changes include combining all spring bear seasons into one WAC and minor changes to permit levels.

Reasons Supporting Proposal: The changes to WAC 232-28-282 will increase funding for managing mountain goat populations.

The changes to WAC 232-28-284 will reduce female harvest, better distribute harvest, and reduce tree damage caused by bears.

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; 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.

October 18, 2005

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 05-89, filed 5/10/05, effective 6/10/05)

WAC 232-28-282   Big game and wild turkey auction, raffle, and special incentive permits.  


BIG GAME AUCTION PERMITS


The director will select a conservation organization(s) to conduct annual auction(s). Selection of the conservation organizations will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey auctions shall be conducted consistent with WAC 232-28-292.


((SPECIES - ONE DEER PERMIT


Hunting season dates: September 1 - December 31, 2004

Hunt Area: Statewide EXCEPT all Private Lands Wildlife Management Areas (PLWMAs), GMU 485, and those GMUs closed to deer hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any buck deer))


SPECIES - ONE WESTSIDE DEER PERMIT


Hunting season dates: 2005 and thereafter, September 1 - December 31

Hunt Area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 485((,)) and those GMUs closed to deer hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any buck deer


SPECIES - ONE EASTSIDE DEER PERMIT


Hunting season dates: 2005 and thereafter, September 1 - December 31

Hunt Area: Eastern Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs) and)) those GMUs closed to deer hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any buck deer


SPECIES - ONE WESTSIDE ELK PERMIT


Hunting season dates: September 1 - December 31, 2005

Hunt Area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) those GMUs closed to elk hunting((,)) and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk


Hunting season dates: September 1 - December 31, 2006 and thereafter

Hunt Area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 485, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk


SPECIES - ONE EASTSIDE ELK PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Eastern Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 157, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk


SPECIES - ONE BIGHORN SHEEP PERMIT


Hunting season dates: September 1 - October 31, 2005

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).

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

Bag limit: One bighorn ram


Hunting season dates: September 1 - October 31, 2006 and thereafter

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

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

Bag limit: One bighorn ram


SPECIES - ONE MOOSE PERMIT


Hunting season dates: October 1 - November 30

Hunt Area: Any open moose unit.

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

Bag limit: One moose of either sex


SPECIES - ONE MOUNTAIN GOAT PERMIT


Hunting season dates: September 15 - October 31

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).

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

Bag limit: One mountain goat of either sex


RAFFLE PERMITS


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 annual raffles. Selection of a conservation organization will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey raffles shall be conducted consistent with WAC 232-28-290.


RAFFLE PERMIT HUNT(S)


((DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Statewide EXCEPT all Private Lands Wildlife Management Areas (PLWMAs), GMU 485, and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: September 1 - December 31, 2004.

Weapon: Any legal weapon.

Number of permits: 1

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


WESTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 485((,)) and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: 2005 and thereafter, September 1 - December 31

Weapon: Any legal weapon.

Number of permits: 1

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


EASTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Eastern Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs) and)) those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: 2005 and thereafter, September 1 - December 31

Weapon: Any legal weapon.

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: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) those GMUs closed to elk hunting((,)) and those GMUs not open to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31, 2005.

Weapon: Any legal weapon.

Number of permits: 1

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


Bag limit: One additional any bull elk

Open area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 485, those GMUs closed to elk hunting, and those GMUs not open to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31, 2006 and thereafter.

Weapon: Any legal weapon.

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),)) GMU 157, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon.

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, 2005.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

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


Bag limit: One bighorn ram

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

Open season: September 1 - October 31, 2006 and thereafter.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

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


MOOSE RAFFLE PERMIT HUNT


Bag limit: One moose of either sex

Open area: Any open moose unit.

Open season: October 1 - November 30.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

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


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.

Weapon: Hunter may use any legal weapon.

Number of permits: ((1)) 2

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


TURKEY RAFFLE PERMIT HUNTS


Bag limit: Three (3) additional wild turkeys, but not to exceed more than one turkey in Western Washington or two turkeys in Eastern Washington.

Open area: Statewide.

Open season: April 1 - May 31.

Weapon: Archery or shotgun only.

Number of permits: ((2)) 1

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


DIRECTOR AUTHORIZED BIG GAME AUCTION OR RAFFLE PERMITS


The director shall determine which method of permit opportunity, auction or raffle, taking into consideration impacts to the wildlife resource, opportunity to the hunting community, other resource management issues, and expected revenue. The director may select a conservation organization(s) to conduct annual auction(s) or raffle(s). Selection of the conservation organization will be based on criteria adopted by the Washington department of fish and wildlife. Big game auctions and raffles shall be conducted consistent with WAC 232-28-292.


ROCKY MOUNTAIN BIGHORN SHEEP AUCTION OR RAFFLE PERMIT


Hunting season dates: 2005 and thereafter, September 1 - October 31

Hunt Area: GMUs 166, 169, 181, 186.

Weapon: Hunter may use any legal weapon.

Bag limit: One bighorn ram


SPECIAL INCENTIVE PERMITS


Hunters will be entered into a drawing for special deer and elk incentive permits for prompt reporting of hunting activity in compliance with WAC 232-28-299.


(a) There will be two (2) any elk special incentive permits for Western Washington.

Open area: Western Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMUs 418, 485, 522, and those GMUs closed to elk hunting or closed to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

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

Bag limit: One additional elk.


There will be two (2) any elk special incentive permits for Eastern Washington.

Open area: Eastern Washington EXCEPT ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMU 157 and those GMUs closed to elk hunting or closed to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

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

Bag limit: One additional elk.


(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 ((all Private Lands Wildlife Management Areas (PLWMAs),)) GMUs 157, 418, 485, 522, and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons and any legal weapon at other times if there are no firearm restrictions.

Bag limit: One additional any deer.


Auction, raffle, and special incentive 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.

(8) 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.

[Statutory Authority: RCW 77.12.047. 05-11-022 (Order 05-89), 232-28-282, filed 5/10/05, effective 6/10/05. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), 232-28-282, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), 232-28-282, filed 8/5/03, effective 9/5/03; 03-03-016 (Order 03-03), 232-28-282, filed 1/7/03, effective 2/7/03; 02-15-019 (Order 02-135), 232-28-282, filed 7/8/02, effective 1/1/03.]


AMENDATORY SECTION(Amending Order 04-327, filed 1/3/05, effective 2/3/05)

WAC 232-28-284   ((2005)) Spring black bear ((damage)) seasons and regulations.   ((Spring black bear hunting seasons under this section constitute a three-year pilot program to reduce black bear damage to trees.))


Who may apply: Anyone with a valid Washington big game license, which includes black bear as a species option.


Hunt areas, ((permits)) permit levels, and season dates for each license year:


Hunt name Hunt area ((2005)) Permits ((2005)) Season datesb
Blue Creek GMU 154 15 April 15 - May 31
Dayton GMU 162 15 April 15 - May 31
Tucannon GMU 166 10 April 15 - May 31
Wenaha GMU 169 30 April 15 - May 31
Mt. View GMU 172 15 April 15 - May 31
Lick Creek GMU 175 15 April 15 - May 31
Grande Ronde GMU 186 5 April 15 - May 31
Capitol Foresta That portion of Capitol Forest within GMU 663 ((100)) 75 April 15 - June 15
((Kapowsin (All) PLWMA 401 in GMU 653 and 654 100 April 15 - June 15))

a Spring black bear hunting seasons under this hunt area constitute a pilot program to reduce black bear damage to trees.

b Permits are valid for the license year they are issued.


Bag limit: One black bear per black bear special permit season.


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.


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


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

[Statutory Authority: RCW 77.12.047. 05-02-046 (Order 04-327), 232-28-284, filed 1/3/05, effective 2/3/05.]

Washington State Code Reviser's Office