WSR 05-24-094

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 7, 2005, 8:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-20-112.

Title of Rule and Other Identifying Information: WAC 232-28-294 Multiple season big game permits, 232-28-295 Landowner hunting permits, 232-28-293 PLWMA raffle hunts, 232-28-271 PLWMA rules and boundary.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504, on January 13-14, 2006, at 8:00 a.m.

Date of Intended Adoption: January 13, 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 Wednesday, December 28, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by November [December] 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 232-28-294, this proposal establishes a new rule to allow permit hunters to hunt deer or elk during more than one general season.

WAC 232-28-295, this proposal establishes landowner hunting permits and encourages hunter access to private lands under contract with the department.

WAC 232-28-293, the proposal is to amend this rule to make it consistent with recent adoption of commission policy on private lands; termination of private lands wildlife management area (PLWMA) program; and allows second licenses authorized by this rule to be purchased where ever feasible.

WAC 232-28-271, the proposal is to delete an obsolete rule.

Reasons Supporting Proposal: WAC 232-28-294, this rule provides greater season length and hunting opportunity to a randomly drawn group of hunters. The number of participants is limited by permit drawing to ensure controls over harvest levels.

WAC 232-28-295, this rule provides incentives to private landowners to open their property for hunter access.

WAC 232-28-293, this proposal clarifies that raffle hunts may be conducted by private landowners and eliminates references to PLWMAs.

WAC 232-28-271, this rule is no longer necessary and the applicable dates have expired.

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.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

For WAC 232-28-293 PLWMA Raffle Hunts


1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: None beyond what is already required by existing Washington State Gambling Commission rules.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee, cost per hour of labor, or cost per one hundred dollars of sales: No costs for compliance with this rule are identified.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: None were needed.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: WDFW held several stakeholders meetings with selected individuals that represented interests from various landowners who could be impacted by the rule (e.g., industrial timberland and Washington State Grange).

8. A List of Industries That Will Be Required to Comply with the Rule: Persons who elect to sign an access contract with WDFW and who agree to meet contract provisions will be required to comply with the rule.

A copy of the statement may be obtained by contacting Wildlife Program, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2515, fax (360) 902-2162, e-mail Wildthing@dfw.wa.gov.

No small business economic impact statement has been prepared under chapter 19.85 RCW for WAC 232-28-294 Multiple season big game permits, 232-28-295 Landowner hunting permits, and 232-28-271 PLWMA rules and boundary, 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 6, 2005

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 232-28-294   Multiple season big game permits.   The Commission may, by rule, offer permits for hunters to hunt deer or elk during more than one general season. An annual drawing will be conducted by the department for multiple season permits.

1) Multiple season big game hunting permit applications:

A. To apply for multiple season big game hunting season permits for deer or elk, applicants must purchase and submit a permit application.

B. No refunds or exchanges for applications will be made for persons applying for multiple season big game hunting season permits after the drawing has been held.

C. An applicant may purchase only one application for a multiple season big game hunting season permit for each species.

D. Permits will be randomly drawn by computer selection.

E. Incomplete applications will not be accepted.

F. The department will establish application and drawing dates.

2) The bag limit for this permit is one deer or elk.

3) Multiple season permits:

A. Hunters who are drawn will be required to purchase their original deer or elk license, corresponding to their permit, and the multiple season big game permit.

B. Successful applicants must purchase their multiple season permit within 30 days of the drawing notification date. If they have not purchased the multiple season permit by the deadline, the next person drawn will be offered the permit.

C. The permits are not transferable.


Number of Permits Dates Game Management Units (GMUs) Legal Animal
Multiple Season Deer Permits
1500 Sept. 1 - December 31 within established general seasons for deer by the Commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any buck
Multiple Season Elk Permits
500 Sept. 1 - December 31 within established general seasons for elk by the Commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any bull

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NEW SECTION
WAC 232-28-295   Landowner hunting permits.   A landowner may enter into a contract with the department and establish boundaries and other requirements for hunter access consistent with Commission policy.


Hunters must possess both an access permit from the landowner and a hunting permit from the department when hunting on lands and for species covered under contract.


Buckrun:


Mule and Whitetail Deer


Buckrun Landowner Hunting Permits


The manager of Buckrun will distribute these hunting permits. An access fee may be charged in order to utilize these permits. Only hunters possessing a modern firearm deer tag are eligible for permits on Buckrun properties. You may contact the manager, Derek Stevens, at (509) 345-2577 for information.

Hunt Name Quota Access Season Special Restrictions Boundary Description
Buckrun 12 Sept. 15 - Dec. 31 Any Deer Lands identified in WDFW's contract with Buckrun.
50 Sept. 15 - Nov. 5 *3 Pt. Maximum or Antlerless deer Lands identified in WDFW's contract with Buckrun.
40 Sept. 15 - Dec. 31 Antlerless Only Lands identified in WDFW's contract with Buckrun.
Buckrun Raffle 3 Sept. 15 - Dec. 31 Raffle - Any Deer Lands identified in WDFW's contract with Buckrun.

Mule and Whitetail Deer


Buckrun Special Hunting Permits


Hunters apply to Washington Department of Fish and Wildlife for these permits. Only hunters possessing a modern firearm deer tag are eligible for Buckrun special hunting permits. Hunters can expect one to three days of hunting during the permit season with a written access permit from the Buckrun manager. All hunters must check in and out with Buckrun manager on hunt day.

Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
Buckrun A 5 Sept. 1 - Dec. 31 Any Deer Lands identified in WDFW's contract with Buckrun.
Buckrun B 20 Sept. 1 - Nov. 5 *3 Pt. Maximum or Antlerless deer Lands identified in WDFW's contract with Buckrun.
Buckrun C 40 Oct. 24 - Dec. 31 Antlerless deer Lands identified in WDFW's contract with Buckrun.
Buckrun D 10 Sept. 1 - Dec. 31 Senior hunters only, Antlerless deer Lands identified in WDFW's contract with Buckrun.

*3 Pt. maximum - A legal deer must have no more than 3 antler points on either antler (i.e. 1x1, 1x2, 1x3, 2x2, 2x3, 3x3 are legal). All antler points must be at least one inch long. Antler points exclude eye guards. Hunts are scheduled by the manager 509-345-2577. All other hunting regulations apply.

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AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01, effective 5/27/01)

WAC 232-28-293   ((PLWMA)) Landowner raffle hunts.   The commission, in consultation with the director and by agreement with ((a)) cooperating private ((lands wildlife management area (PLWMA))) landowners, may authorize hunts for big game animals through raffle.

1. The ((PLWMA)) manager of property under contract with WDFW will conduct the landowner raffle drawing. Raffle tickets will be sold for not more than $25.00 each.

2. Any person may purchase ((PLWMA)) landowner raffle tickets in addition to WDFW raffle tickets and participate in auctions and special hunting season permit drawings.

3. The ((PLWMA)) landowner raffle winners must possess the appropriate hunting license and transport tag prior to participating in the ((PLWMA)) landowner raffle hunt.

4. The ((PLWMA)) landowner deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag if desired.

5. If an additional deer or elk hunting license and transport tag are acquired by a raffle winner, the additional transport tag can only be used on the ((PLWMA)) contracted lands during the raffle hunt.

((6. The additional deer or elk hunting license and transport tag must be issued by the Olympia department headquarters licensing division.))

7)) 6. Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.

((8)) 7. The ((PLWMA)) manager of property under contract with WDFW who is conducting an authorized raffle will provide an annual report to the department of fish and wildlife prior to December 31. The report will include information on how the event was administered, where and when it occurred, who the winners were, the cost of tickets, and the number of tickets sold.

((9)) 8. Anyone may participate in ((PLWMA)) landowner raffles.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-293, filed 4/26/01, effective 5/27/01.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.