WSR 07-01-116

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 20, 2006, 10:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-22-096.

Title of Rule and Other Identifying Information: WAC 232-12-025 Hunts authorized pursuant to RCW 77.12.240, and WAC 232-28-266 Landowner damage hunts.

Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, on February 2-3, 2007, at 8:00 a.m.

Date of Intended Adoption: March 8-9, 2007.

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) 902-2162, by January 11, 2007.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by January 29, 2007, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-12-025, amendments to this WAC will help clarify the types of hunts authorized by different statutes (RCW 77.12.150 and 77.12.240).

WAC 232-28-266, amendments to this WAC will help clarify the authorities granted to WDFW by RCW 77.12.150 and 77.12.240, and will remove temporary changes (for 2005 and 2006) made to address elk issues in the Blackrock area near Hanford.

Reasons Supporting Proposal: WAC 232-12-025, there has been some confusion from agency staff and the public regarding the legal authorities of the department to kill elk causing damage.

WAC 232-28-266, there has been some confusion from agency staff and the public regarding the legal authorities of the department to kill elk causing damage. A new fish and wildlife commission policy regarding hunter access to private lands has been adopted. The new landowner hunting permit program (LHP) will facilitate development of a contract with Blackrock landowners for hunting in 2007.

Statutory Authority for Adoption: RCW 77.12.150 and 77.12.240.

Statute Being Implemented: RCW 77.12.150 and 77.12.240.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, 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 19, 2006

Loreva M. Preuss

Rules Coordinator

OTS-9462.1


AMENDATORY SECTION(Amending Order 241, filed 2/1/85)

WAC 232-12-025   Hunts authorized pursuant to RCW 77.12.240.   Anyone participating in a director-authorized hunt must conduct themselves in accordance with the following rules:

(1) Black bear

(a) No dogs are permitted out of the vehicle, including on a strikeboard, outside of the designated hunting area. If the bear is started inside a permit area, it may be pursued and killed outside the permit boundaries.

(b) When a bear is taken, the permittee shall skin the entire bear, including head, leaving claws attached, and deliver the hide, together with the first tooth behind the canine tooth on the lower jaw, to the regional office. All bear hides taken pursuant to a black bear damage permit shall be disposed of as prescribed in RCW 77.12.240.

(c) Within 5 days after expiration of a black bear permit, the permittee shall return to the respective region a bear hunting report and the windshield identification cards. Failure to comply with this provision shall constitute ineligibility for the next year's black bear damage permit drawings.

(d) The permittee shall abide by all conditions as set forth on the black bear damage permit. Failure to comply with these hunting conditions shall constitute a violation of RCW 77.16.020(1) (Hunting bear during closed season).

(2) Deer and elk.

(a) Only persons with a damage permit (hot-spot hunt, kill permit, or landowner preference permit) are allowed to hunt and take one deer or one elk as designated on their damage control permit.

(b) Hunters must have valid, unused general deer/elk tags to hunt and kill a legal animal during the prescribed damage permit hunt. If a hunter takes an animal of the same species during an earlier hunt, that person will be ineligible for a damage hunt permit.

(c) Deer and elk damage control hunts will be antlerless only, unless ((specified)), the damage permit specifies either sex ((on the damage permit)).

(d) The April 1 to June 30 time period will be excluded from damage control hunts.

(e) Permittees may hunt only within the prescribed area and season dates as specified on their permit. If a deer or elk is wounded inside the damage hunt area, it may be pursued and taken outside permit boundaries.

(f) Within five days after expiration of a deer or elk permit, the permittee shall return to the respective region a deer/elk hunting report. ((If an animal is taken, the permittee shall skin the entire animal and deliver the hide together with an incisor tooth to a regional game department office. All deer or elk hides taken pursuant to a damage permit shall be disposed of as prescribed in RCW 77.12.240.)) Failure to comply with this provision shall constitute ineligibility for the next year's damage permit drawings.

[Statutory Authority: RCW 77.12.240. 85-04-042 (Order 241), 232-12-025, filed 2/1/85; 84-04-015 (Order 222), 232-12-025, filed 1/24/84.]

OTS-9463.1


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

WAC 232-28-266   ((Landowner)) Damage prevention permit hunts.  


((LANDOWNER)) DAMAGE PREVENTION PERMIT HUNTS


Pursuant to RCW 77.12.150 and 77.12.240, a landowner with deer/elk damage ((will)) may enter into a Cooperative Agreement (contract) with WDFW and establish a boundary, season dates, and number of animals to be removed, as described below, for deer/elk hunts((, season dates within the framework and number of animals to be removed)). Landowner agrees not to claim damage payments, except Elk Areas 3721 and 3722, and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A ((landowner)) damage prevention access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.


Deer:


Tag Required: Deer hunter must have a current valid, unaltered, unnotched deer tag on his/her person.


Hunting Method: Any legal weapon((.))


Season Framework: August 1 - March 31


Location: Statewide


Legal Deer: Antlerless Only


Kill Quota: 300 Per license year


Location: Region One


Legal Deer: Antlerless Only


Kill Quota: 300 Per license year


Location: GMUs 105-124


Legal Deer: Whitetail Antlerless Only


Kill Quota: 300 Per license year


Elk:


Tag Required: Elk hunter must have a current valid, unaltered, unnotched elk tag on his/her person.


Hunting Method: Any legal weapon


Season Framework: August 1 - March 31


Location: Statewide


Legal Elk: Antlerless Only


Kill Quota: 200 Per license year


Location: Hanford Area - GMUs 372 and 381


((Elk Area 3722))


Kill Quota: ((40 any elk; 12 spike bull or antlerless;)) 60 antlerless only((;)), per license year


Elk Area 3721


Kill Quota: 50 spike or antlerless during Aug. 1 - March 31; 30 bulls only during May 15 - July 31, except spike only July 1-31((;)), per license year.


Special Note: Access in Elk Area 3721 may not be sold as a condition of use of these permits. The director may consider damage claims from landowners in Elk Areas 3721 and 3722 who accept these permits and do not charge for access. ((Landowners in Elk Area 3722 who receive bull permits will not be considered for damage claims.))

[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), 232-28-266, filed 5/8/06, effective 6/8/06; 05-11-021 (Order 05-85), 232-28-266, filed 5/10/05, effective 5/15/05; 03-10-009 (Order 03-80), 232-28-266, filed 4/25/03, effective 5/26/03. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-266, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-05-074, 232-28-266, filed 2/19/97, effective 3/22/97.]

Washington State Code Reviser's Office