WSR 06-19-116

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 232-12-027 Game farm license provisions, 232-28-275 2003 Spring black bear seasons and regulations, 232-28-286 2007, 2008, and 2009 Spring black bear seasons and regulations, and 232-28-295 Landowner hunting 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: WAC 232-12-027 Game farm license provisions, the proposal establishes an annual avian influenza (AI) testing requirement and an "as needed" disease-testing requirement for licensed game farms. The proposal will affect one rule (WAC 232-12-027) as it is integrated into other game license requirements.

WAC 232-28-275 2003 Spring black bear seasons and regulations, the department is recommending repealing WAC 232-28-275.

WAC 232-28-286 2007, 2008, and 2009 Spring black bear seasons and regulations, spring black bear seasons are used for three major purposes in Washington: To reduce damage to trees, to focus harvest pressure, and to reduce female harvest. The recommended change is to reduce permits for the spring bear damage hunt in Capitol Forest from 100 to 50. The anticipated effect is a lower harvest level and less impact to the bear population.

WAC 232-28-295 Landowner hunting permits, the proposal identifies permit levels and season dates for the landowner hunting permit (LHP) program participants for the 2007 hunting seasons. Proposed permit levels are not different than those approved for the 2006 season and season dates are only changed to accommodate calendar date shifts.

Reasons Supporting Proposal: WAC 232-12-027 Game farm license provisions, several changes are taking place in Washington as the agricultural and wildlife communities address the ever-increasing concern about avian influenza (AI). Currently the Washington department of fish and wildlife (WDFW) is sampling wild shorebirds and waterfowl for AI in an effort to document any introduction of the highly pathogenic form of the virus. WDFW licensed game farms should be part of the overall AI monitoring program as a matter of responsible management and as a matter of wildlife and potential human health.

WAC 232-28-275 2003 Spring black bear seasons and regulations, the rule authorized spring bear season during 2003 only and is no longer in effect.

WAC 232-28-286 2007, 2008, and 2009 Spring black bear seasons and regulations, the fish and wildlife commission authorized a damage black bear hunt in two areas (Capitol Forest and Kapowsin Tree Farm) of western Washington during the last two spring seasons. Harvest has been notably higher in Capitol Forest compared to Kapowsin Tree Farm; it's not certain if this is related to bear densities, road access, or other factors. The department started a bear-monitoring project concurrent with the spring hunt. However, no bears have been captured despite a sizable trapping effort. Given the relatively high harvest during the first year of the hunt and the low capture success; the department is concerned that the current permit level may be reducing the bear population beyond the moderate level intended.

WAC 232-28-295 Landowner hunting permits: These permits are consistent with the commission's policy on private lands hunter access program. They will result in hunter access on private property and will help mitigate deer and elk foraging on private pasturelands.

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 06-67, filed 4/11/06, effective 5/12/06)

WAC 232-12-027   Game farm license provisions.   It is unlawful to operate a game farm without a current, valid Washington state game farm license.

(1) Game farms licensed prior to January 1, 1992, may continue to possess, propagate, sell and transfer wildlife they lawfully possessed on January 1, 1992, under their license issued by the department. Transfers of wildlife other than those species listed under subsection (2) are restricted to licensed game farms authorized by written license to possess said wildlife.

(2) Game farms licensed on or after January 1, 1992, may purchase, possess, propagate, sell or transfer the following wildlife:

(a) Game birds - pheasant, of the genus Phasianus; gray partridge of the genus Perdix; chukar of the genus Alectoris; quail of the genus Colinus, Callipepla, and Oreortyx; waterfowl of the family Anatidae.

(3) Application for a game farm license shall be made on a form provided by the department.

(4) The director or designee of the director may issue, with conditions or restrictions, a game farm license, if the applicant meets the requirements of subsection (1) or (2) above and complies with the following criteria:

(a) The applicant is the owner or tenant of or has a possessory interest in the lands, waters, and riparian rights shown in the application.

(b) The rearing and holding facilities are adequate and structurally sound to prevent the egress of game farm wildlife.

(c) Operating conditions are clean and humane.

(d) No hazards to state wildlife exist from the operation.

(e) The license covers only the immediate premises and areas described on the application where wildlife will be held.

(5) Holders of a game farm license must make annual reports no later than the 15th of January to the director on forms to be furnished by the department. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(6) A licensed game farm must be inspected annually. All inspection costs will be paid by the licensee. The inspection must occur during the months of June, July, or August. An inspection form will be provided by the department and must be completed and signed by a licensed veterinarian or an agent authorized by the department. The inspection form must accompany the annual report and be submitted to the director no later than the 15th day of January.

(7) During June, July, or August, a licensed game farm must conduct annual avian influenza disease testing of 10% of the game birds on site. They must also conduct disease testing of 10% of the game birds on site for Mycoplasm gallisepticum and Mycoplasm synoviae, pullorum, salmonella, histomoniasis, and exotic Newcastle disease if birds being held on the game farm exhibit symptoms of one or more of these infections or if there is a flock die-off. The licensee will pay all testing costs unless the department identifies other funding.

(8) A game farm license is not required for captive-bred mink, Mustela vison, and captive-bred silver fox, Vulpes fulva, lawfully acquired from a licensed breeder or fur farm and held for fur farming purposes.

[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), 232-12-027, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-027, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.04.055, 77.12.040 and 77.12.570. 91-24-016 (Order 520), 232-12-027, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 77.12.030, 77.12.040, 77.16.020 and 77.32.211. 85-20-127 (Order 258), 232-12-027, filed 10/2/85. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), 232-12-027, filed 9/9/82; 81-22-002 (Order 174), 232-12-027, filed 10/22/81; 81-12-029 (Order 165), 232-12-027, filed 6/1/81. Formerly WAC 232-12-070.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-275 2003 Black bear special permit season and quotas

AMENDATORY SECTION(Amending Order 06-90, filed 5/8/06, effective 6/16/06)

WAC 232-28-286   2007, 2008, and 2009 Spring black bear seasons and regulations.  


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


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


Hunt name Hunt area Permits Season datesb
Sherman GMU 101 15 April 15 May 31
Kelly Hill GMU 105 10 April 15 May 31
Douglas GMU 108 5 April 15 May 31
Aladdin GMU 111 10 April 15 May 31
49 Degrees North GMU 117 15 April 15 May 31
Huckleberry GMU 121 15 April 15 May 31
Blue Creek GMU 154 30 April 15 May 31
Dayton GMU 162 22 April 15 May 31
Tucannon GMU 166 7 April 15 May 31
Wenaha GMU 169 45 April 15 May 31
Mt. View GMU 172 22 April 15 May 31
Lick Creek GMU 175 22 April 15 May 31
Grande Ronde GMU 186 7 April 15 May 31
Copalisa That portion of GMU 642 that is designated as the hunt area by Rainier Timber Company. 100 April 15 June 15
Kapowsina That portion of GMUs 653 and/or 654 that is designated as the hunt area by Hancock Forest Management 100 April 15 June 15
Capitol Foresta That portion of Capitol Forest within GMU 663 ((100)) 50 April 15 June 15
aSpring black bear hunting seasons under this area constitute a pilot program to reduce black bear damage to trees.
bPermits 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. 06-11-030 (Order 06-90), 232-28-286, filed 5/8/06, effective 6/16/06.]


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

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.


(1) Buckrun


Buckrun is located in Grant County, near the town of Wilson Creek. A legal description of the property has been filed with the county and is in the contract between Buckrun and the department.


Hunting on Buckrun is managed for a quality experience by scheduling hunt dates and keeping the number of hunters in the field low. Hunters with limited flexibility for hunt dates may experience scheduling problems. Hunters can generally expect one day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Mule and Whitetail Deer


2006 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. No access fee will be charged for the raffle permit winners. Only hunters possessing a modern firearm deer tag are eligible for permits on Buckrun properties. Contact the manager at 509-345-2577 for additional information.


Hunt Name Quota Access Season Special Restrictions Boundary Description
Buckrun 10 Sept. 1 - Oct. ((13)) 12 Antlerless only Buckrun
Buckrun 15 Oct. ((23)) 22 - Dec. 31 Antlerless only Buckrun
Buckrun 13 Sept. 1 - Oct. ((13)) 12 3 pt. max. buck* or antlerless Buckrun
Buckrun 13 Oct. ((23)) 22 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
Buckrun 4 Sept. 1 - Dec. 31 Any deer Buckrun
Buckrun Raffle 2 Sept. 1 - Dec. 31 Any deer (3 day guided hunt) Buckrun

Mule and Whitetail Deer


2006 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 permits. Hunters can generally expect one day hunts during the permit season with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
Buckrun A 10 Sept. 1 - Oct. ((13)) 12 Antlerless only youth hunters Buckrun
Buckrun B 10 Sept. 1 - Oct. ((13)) 12 Antlerless only disabled hunters Buckrun
Buckrun C 5 Oct. ((23)) 22 - Dec. 31 Antlerless only senior hunters (65+) Buckrun
Buckrun D 4 Sept. 1 - Oct. ((13)) 12 3 pt. max. buck* or antlerless Buckrun
Buckrun E 4 Oct. ((23)) 22 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
*3 Pt. maximum - A legal buck 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.

(2) 4-O Cattle Company


2006 4-O Cattle Company Landowner Hunting Permits


The manager of the 4-O Cattle Company will distribute these hunting permits. An access fee may be charged in order to utilize these permits.


Elk


Hunt Name Quota Access Season Special Restrictions Boundary Description
4-O Cattle Company 1 ((Sept. 15-25)) Sept. 14-24 Any Bull 4-O Cattle Company

Whitetail Deer


Hunt Name Quota Access Season Special Restrictions Boundary Description
4-O Cattle Company 1 ((Nov. 15-25)) Nov. 14-24 Any Whitetail Buck 4-O Cattle Company

2006 4-O Cattle Company Special Hunting Permits


Hunters apply to the Washington department of fish and wildlife for these permits.


Elk


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
4-O Bull Elk 1 Oct. ((23)) 22 - Nov. ((5)) 4 Any Bull 4-O Ranch
4-O Antlerless Elk A 33 ((Aug. 18-24)) Aug. 17-23 Antlerless Only 4-O Grouse Flats
4-O Antlerless Elk B 8 ((Aug. 18-24)) Aug. 17-23 Antlerless Only 4-O Mountain View

Whitetail Deer


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
4-O White-tailed Buck 1 ((Nov. 15-25)) Nov. 14-24 Any White-tailed Buck 4-O Ranch

[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), 232-28-295, filed 5/8/06, effective 6/8/06. Statutory Authority: RCW 77.12.047, 77.12.020. 06-04-066 (Order 06-09), 232-28-295, filed 1/30/06, effective 3/2/06.]

Washington State Code Reviser's Office