WSR 06-19-115

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 20, 2006, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-16-131.

Title of Rule and Other Identifying Information: WAC 232-28-282 Big game and wild turkey auction, raffle, and special incentive permits.

Hearing Location(s): Red Lion Hotel at the Quay, 100 Columbia Street, Vancouver, WA 98660, on November 3-4, 2006, at 8:00 a.m.

Date of Intended Adoption: December 8-9, 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) 902-2162, by October 9, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by October 30, 2006, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is recommending increasing the number of moose raffle permits from 1 to 2. The increase in permits will not impact moose populations.

Reasons Supporting Proposal: To generate revenue for species-specific management consistent with the long-term sustainability of wildlife populations.

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.

September 20, 2006

Morris W. Barker

Rules Coordinator


AMENDATORY SECTION(Amending Order 06-92, filed 5/8/06, effective 6/8/06)

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 WESTSIDE DEER PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Western Washington EXCEPT 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: September 1 - December 31

Hunt Area: Eastern Washington EXCEPT 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

Hunt Area: Western Washington EXCEPT 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 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 CALIFORNIA BIGHORN SHEEP PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Any open sheep unit with two (2) or more permits during the respective license year, except sheep units in Walla Walla, Columbia, Garfield, Asotin, or Pend Oreille counties are not open.

Weapon: Any legal weapon.

Bag limit: One bighorn ram


SPECIES - ONE MOOSE PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Any open moose unit.

Weapon: Any legal weapon.

Bag limit: One moose of either sex


SPECIES - ONE MOUNTAIN GOAT PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Any open goat unit with two (2) or more permits during the respective license year.

Weapon: Any legal weapon.

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)


WESTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Western Washington EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: September 1 - December 31

Weapon: Any legal weapon.

Number of permits: 1


EASTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Eastern Washington EXCEPT those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: September 1 - December 31

Weapon: Any legal weapon.

Number of permits: 1


WESTSIDE ELK RAFFLE PERMIT HUNT


Bag limit: One additional any bull elk

Open area: Western Washington EXCEPT 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

Weapon: Any legal weapon.

Number of permits: 1


EASTSIDE ELK RAFFLE PERMIT HUNT


Bag limit: One additional any bull elk

Open area: Eastern Washington EXCEPT 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


CALIFORNIA BIGHORN SHEEP RAFFLE PERMIT HUNT


Bag limit: One bighorn ram

Open area: Any open bighorn sheep unit with two (2) or more permits during the respective license year, except sheep units in Walla Walla, Columbia, Garfield, Asotin, or Pend Oreille counties are not open.

Open season: September 1 - December 31.

Weapon: Any legal weapon.

Number of permits: 1


MOOSE RAFFLE PERMIT HUNT


Bag limit: One moose of either sex

Open area: Any open moose unit.

Open season: September 1 - December 31.

Weapon: Any legal weapon.

Number of permits: ((1)) 2


MOUNTAIN GOAT RAFFLE PERMIT HUNT


Bag limit: One mountain goat of either sex

Open area: Any open goat unit with two (2) or more permits during the respective license year.

Open season: September 1 - December 31.

Weapon: Any legal weapon.

Number of permits: 2


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


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: September 1 - December 31

Hunt Area: GMUs 169, 172, 181, 186.

Weapon: 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 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 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 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. 06-11-032 (Order 06-92), 232-28-282, filed 5/8/06, effective 6/8/06; 06-02-063 (Order 05-271), 232-28-282, filed 1/3/06, effective 2/3/06; 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.]

Washington State Code Reviser's Office