Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 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): Natural Resources Building, Commission Office, 1111 Washington Street S.E., Olympia, WA 98501-1091, (360) 902-2267, on January 19, 2006, at 8:00 a.m.

     Date of Intended Adoption: January 19, 2006.

     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, January 9, 2006.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 17, 2006, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 232-12-421, 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 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.

December 5, 2005

Evan Jacoby

Rules Coordinator

OTS-8504.1

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 in an access contract between the landowner or land manager and the department, unless:

     (a) 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; or

     (b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

     (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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OTS-8505.1

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 bird or wild animal, except big game, or possess any wild bird or wild animal, except big game, taken on property in an access contract between the landowner or land manager and the department, unless:

     (a) 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; or

     (b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

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

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OTS-8506.1

NEW SECTION
WAC 232-12-423   Public hunting defined and access contracts.   "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 contract 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 contracts 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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