EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: To remove the requirement for licenses and tags for kill permits and landowner damage access permits in WAC 232-12-025.
Citation of Existing Rules Affected by this Order: Amending WAC 232-12-025.
Statutory Authority for Adoption: RCW 77.12.047.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: WAC 232-12-025 was amended by the fish and wildlife commission on April 13, 2007. The amendment mistakenly required licenses and tags for kill permits and landowner preference permits. This emergency rule removes those requirements, which in turn compensates landowners for damage caused by wildlife and creates a cooperative relationship between the landowners and the department.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 20, 2007.
Loreva M. Preuss
for Jeff Koenings
Director
(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 the head, leaving the claws attached. The permittee must then 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-control permit shall be disposed of as prescribed in RCW 77.12.240.
(c) Within 5 days after expiration of a black bear damage-control permit, the permittee shall deliver to the respective regional office a bear hunting report and his or her windshield identification cards. Failure to comply with this provision constitutes ineligibility for the next year's black bear damage-control permit drawings.
(d) The permittee shall abide by all conditions as set forth on the black bear damage-control permit. Failure to comply with these hunting conditions constitutes a violation of RCW 77.15.245(2), Unlawful practices - Black bear baiting - Exceptions - Illegal hunting - Use of dogs - Exceptions - Penalties.
(2) Deer and elk.
(a) Deer and elk damage-control hunts will be antlerless only, unless the damage-control permit specifies either sex.
(b) Only persons with a hot-spot hunt permit may hunt and possess one deer and/or one elk as designated on the permit
(c) Hunters must have valid, unused general deer/elk tags to hunt and possess a legal animal during the prescribed hot-spot hunt. In contrast, kill permits and landowner preference permits require a permit, but not a license or tag.
(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-control hunt area, it may be pursued and taken outside permit boundaries.
(f) Reporting requirements for landowner preference permits: Landowners will complete the Landowner Damage Hunt Report and submit it to the issuing WDFW employee within 10 days of the ending date of the hunt. Failure to comply with this provision may constitute ineligibility for issuance of future landowner preference permits.
(g) Reporting requirement for hot-spot hunts: A WDFW employee will manage and coordinate hot-spot hunts with respective landowners. Within three working days of the ending of the hunt, the WDFW employee will submit a report, showing results of the hot-spot hunt, through the appropriate chain of command.
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