PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-03-114.
Title of Rule and Other Identifying Information: WAC 232-28-285 2008-2009 Pilot cougar hunting seasons with the aid of dogs, 232-28-272 2006-2007, 2007-2008, and 2008-2009 Black bear and cougar hunting seasons and regulations, and 232-12-243 Public safety cougar removals.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2515; and at the WDFW Spokane Regional Office, 2315 North Discovery Place, Spokane Valley, WA 99216, (509) 892-1001; on July 18, 2008, at 6:00 p.m.
Date of Intended Adoption: August 8-9, 2008.
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 Monday, June 30, 2008.
Assistance for Persons with Disabilities: Contact Susan Yeager by July 16, 2008, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-285 2008-2009 Pilot cougar hunting seasons with the aid of dogs: Establishes pilot cougar with the aid of dogs in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties for the 2008-09 winter, plus other Washington counties that meet opt-in requirements from ESHB 2438. The proposed changes to the existing rule include:
(1) Replace the requirement that hunters must own dogs capable of treeing a cougar to be eligible for a permit, with a requirement that prohibits payment for using dog-handler services.
(2) Replace the logbook requirement with mandatory reporting using the toll-free cougar hotline.
(3) Reduce the kill quotas by 40% to stabilize the cougar population at the current lower level and add kill quotas for new counties that participate in the pilot program.
(4) Change the bag limit from 2 to 1 cougar.
(5) Routine calendar date changes for the five counties continuing the pilot program.
At the date of this filing, only Klickitat County has met the basic requirements for inclusion in the pilot cougar hunt. This filing serves as a public notice that other counties may request inclusion in the pilot cougar program up until rule action by the fish and wildlife commission in August 2008. On June 19, 2008, the department of fish and wildlife will be presenting the draft cougar program to all county authorities and anticipates other counties may consider requesting inclusion into the pilot cougar hunt program. Kill quotas for new counties opting into the pilot cougar hunt program will be developed prior to the August fish and wildlife commission meeting and are anticipated to be consistent with harvest levels that result in stable cougar populations.
The anticipated effects are to stabilize cougar populations in effected [affected] areas at current levels.
WAC 232-28-272 2006-2007, 2007-2008, and 2008-2009 Black bear
and cougar hunting seasons and regulations:
Establishes general cougar seasons statewide. The proposed change to the existing rule are to close the general cougar season on November 30, 2008, rather than March 15, 2009, for new counties that participate in the pilot cougar hunt with the aid of dogs. No anticipated effects to the cougar populations.
WAC 232-12-243 Public safety cougar removals:
Establishes rules for public safety cougar removals in portions of GMUs statewide. The proposed change to the existing rule is to discontinue the use of public safety cougar removals in GMUs within new counties that participate in a pilot cougar hunt with the aid of dogs. No anticipated effects to the cougar populations.
Reasons Supporting Proposal: Enhance public safety and provide a more effective cougar management program.
Statutory Authority for Adoption: RCW 77.12.047, 77.12.020.
Statute Being Implemented: RCW 77.12.047, 77.12.020.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: WAC 232-28-285 provides recommendation for implementation of ESHB 2438.
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) 902-2373.
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.
June 4, 2008
Loreva M. Preuss
Rules Coordinator
OTS-1669.1
AMENDATORY SECTION(Amending Order 04-284, filed 10/14/04,
effective 11/14/04)
WAC 232-12-243
Public safety cougar removals.
(1)
Definitions:
As used in this section and in the context of public safety cougar removals, the following definitions apply:
(a) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.
(b) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.
(c) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.
(d) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.
(e) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.
(f) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.
(g) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.
(h) "Removal" means the act of killing one or more cougar with the aid of dogs.
(i) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.
(j) "Human-cougar interaction" means a human-cougar safety incident, livestock or pet depredation, cougar nuisance activity, or cougar sighting event.
(k) "Dog hunter" means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.
(2) Public safety cougar removal authorization: The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.
(3) Public safety cougar removal criteria:
(a) The commission determines that when the above practical alternatives have been utilized within a game management unit, eleven confirmed human-cougar interactions per year, of which at least four must be confirmed human-cougar safety incidents or livestock/pet depredations, therein demonstrating that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.
(b) If warranted by conditions of this rule, public
safety cougar removal(s) will be conducted annually between
December 1st and March 15th in selected areas of game
management units designated by the director to address a
public safety need presented by one or more cougar, except in
game management units in ((Chelan, Okanogan, Ferry, Stevens,
and Pend Oreille)) counties where cougars will be removed to
address public safety and protection of property with pilot
cougar hunting seasons with the aid of dogs authorized under
WAC 232-28-285.
(c) The department shall not target more than one hundred nine cougar during a public safety cougar removal period unless otherwise authorized by the commission.
(4) Public safety cougar removal permit issuance procedure.
(a) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and game management units being applied for. Individuals may apply for no more than four game management units. An individual's request to be placed on a participant list for a removal period must be postmarked no later than October 1, or be received at the department's Olympia office no later than 5:00 p.m. on October 1, during the year the removal period begins.
(b) To be eligible for a public safety cougar removal permit (permit), the participant must be a Washington resident dog hunter who, at the time of application for a permit, possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a public safety cougar removal.
(c) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within fifteen days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.
(d) Permit holders and all individuals who will accompany the permit holder must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.
(5) Public safety cougar removals: Quota system and participation in cougar removal.
(a) Public safety cougar removals will be based on a quota system, where permit holders may hunt cougar until the allotted numbers of cougar have been killed from each game management unit or March 15, whichever is first.
(b) Permit holders who harvest a cougar before January 15 may continue hunting for a second cougar with dogs. The permit holder must purchase an additional cougar transport tag to hunt and harvest one additional cougar and the permit holder will be issued a second permit. Permit holders who harvest a cougar after January 15 are not eligible to harvest a second cougar with dogs.
(c) To verify if the cougar removal season is open or closed in each game management unit, the permit holders shall notify the department's enforcement program in Olympia within twenty-four hours prior to exercising a public safety cougar removal permit.
(d) No more than four total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.
(e) Hunters killing a cougar during a public safety cougar removal must notify the department's enforcement program in Olympia within twenty-four hours after harvesting the cougar.
(f) The department reserves the right to accompany permit holders while participating in a public safety cougar removal.
(6) Public safety cougar removal general requirements.
(a) A valid big game hunting license which includes cougar as a species option is required to hunt cougar. One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar. Individuals may participate in multiple public safety cougar removals, but must purchase a cougar transport tag for each cougar removed. Purchases in excess of two cougar transport tags must be made at department offices.
(b) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens. Individuals selected for a public safety cougar removal permit may take one cougar per permit.
(c) Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of dogs to hunt cougar is prohibited except during a public safety cougar removal.
(d) Any person who takes a cougar must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within seventy-two hours of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.
(e) The public safety cougar removal permit (permit) belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
[Statutory Authority: RCW 77.12.047. 04-21-036 (Order 04-284), § 232-12-243, filed 10/14/04, effective 11/14/04; 03-17-037 (Order 03-186), § 232-12-243, filed 8/14/03, effective 9/14/03; 02-17-013 (Order 02-183), § 232-12-243, filed 8/9/02, effective 9/9/02; 01-20-011 (Order 01-198), § 232-12-243, filed 9/20/01, effective 10/21/01.]
OTS-1671.1
AMENDATORY SECTION(Amending Order 06-92, filed 5/8/06,
effective 6/8/06)
WAC 232-28-272
2006-2007, 2007-2008, and 2008-2009 Black
bear and cougar hunting seasons and regulations.
2006-2008 Fall Black Bear Seasons:
| Black Bear Management Unit | Season | Hunt Area |
| Coastal | Aug. 1 - Nov. 15 | GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684 |
| Puget Sound | Aug. 1 - Nov. 15 | GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667 |
| North Cascades | Aug. 1 - Nov. 15 | GMUs 418-450, 460 |
| South Cascades | Aug. 1 - Nov. 15 | GMUs 466, 485, 503, 505, 510-520, 524, 550-574, 653, 654 |
| Okanogan | Aug. 1 - Nov. 15 | GMUs 203, 209-243 |
| East Cascades | Aug. 1 - Nov. 15 | GMUs 244-247, 249-251, 328, 329-368, 382, 388, 578 |
| Northeastern A | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 101-117 |
| Northeastern B | Aug. 1 - Nov. 15 | GMUs 121-130, 204 |
| Blue Mountains | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 145-154, 162-186 |
| Columbia Basin | Aug. 1 - Nov. 15 | GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381 |
| Long Island | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMU 699 |
Bag Limit: Two (2) black bear per annual hunting season only
one of which may be taken in Eastern Washington.
Area Restriction: Special deer permit required to hunt black
bear in GMU 485.
Requirements for Fall Black Bear Seasons:
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. A second black bear transport tag must be purchased
to take a second bear.
Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.
Submitting Bear Teeth: Successful bear hunters must submit
the black bear premolar tooth located behind the canine tooth
of the upper jaw.
2006-2007, 2007-2008, and 2008-2009 Cougar Seasons:
| Unit | Season | Hunt Area | Special Restrictions |
| Coastal | Aug. 1 - Mar. 15 | GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699 | Any legal weapon |
| Puget Sound | Aug. 1 - Mar. 15 | GMUs 407, 410, 454, 624-633, 652, 666 | Any legal weapon |
| North Cascades |
Aug. 1 - Mar. 15 | GMUs 418, 426, 437, 448, 450, 460, 466, 485 | Any legal weapon |
| South Cascades |
Aug. 1 - Mar. 15 | GMUs 503, 505, 510-520, 524, 550-574, 653, 654, 667 | Any legal weapon |
| East Cascades North A |
Aug. 1 - Mar. 15 | GMUs 328, 329, 334-340 | Any legal weapon |
| East Cascades North B |
Oct. 14 - Nov. 19,
2006 Oct. 13 - Nov. 19, 2007 Oct. 11 - Nov. 19, 2008 |
GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Any legal weapon |
| East Cascades North C |
Sept. 1 - Nov. 30 | GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| East Cascades South | Aug. 1 - Mar. 15 | GMUs 342-368(( |
Any legal weapon |
| A | |||
| East Cascades South | Aug. 1 - Nov. 30 | GMUs 382, 388, 578 within Klickitat County | Any legal weapon |
| B | |||
| Northeastern A | Aug. 1 - Mar. 15 | GMUs 124-133 | Any legal weapon |
| Northeastern B | Oct. 14 - Nov. 19,
2006 Oct. 13 - Nov. 19, 2007 Oct. 11 - Nov. 19, 2008 |
GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Any legal weapon |
| Northeastern C | Sept. 1 - Nov. 30 | GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| Blue Mountains |
Aug. 1 - Mar. 15 | GMUs 145-154, 162-186 | Any legal weapon |
| Columbia Basin |
Aug. 1 - Mar. 15 | GMUs 136-142, 248, 254-290, 330, 371-381 | Any legal weapon |
Requirements for Cougar Seasons:
License Required: A valid big game hunting license which
includes cougar as a species option is required to hunt
cougar.
Bag Limit: Two (2) cougar per license year excluding public
safety cougar removals. It is unlawful to kill or possess
spotted cougar kittens or adult cougars accompanied by spotted
kittens.
Area Restriction: Special deer permit required to hunt cougar
in GMU 485.
Tag Information: One cougar transport tag is included with a
big game license that has cougar as a species option. A
second cougar transport tag must be purchased to take a second
cougar.
Hunting Method: Hunters may use any lawful big game modern
firearm, archery, or muzzleloader equipment for hunting
cougar. The use of hounds to hunt cougar is prohibited except
by a public safety cougar removal permit (WAC 232-12-243) or
commission authorized hound permit (WAC 232-28-285).
Cougar Pelt Sealing: Any person who takes a cougar must
comply with the sealing requirements in WAC 232-12-024.
[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), § 232-28-272, filed 5/8/06, effective 6/8/06; 04-21-036 (Order 04-284), § 232-28-272, filed 10/14/04, effective 11/14/04. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-272, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-272, filed 6/12/03, effective 7/13/03; 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]
OTS-1672.1
AMENDATORY SECTION(Amending Order 07-273, filed 11/6/07,
effective 12/7/07)
WAC 232-28-285
((2007-2008)) 2008-2009 Pilot cougar
hunting seasons with the aid of dogs.
As used in this section
and in the context of pilot cougar hunting seasons, the
following definitions apply:
"Accompany" means the dog handler and permit hunter must be in the physical presence of each other at the time dogs are released from a leash or unrestrained or starting a cougar track.
"Pursue" or "pursuit" means dogs are:
• Not on a leash or restrained; or
• Starting a cougar track; or
• In the act of tracking a cougar; or
• At a treed cougar.
Transporting dogs in a motorized vehicle or walking a dog on a leash is not pursuit.
"Dog ((owner)) handler" means a person that owns ((and))
or hunts with dogs that are capable of detecting, tracking and
treeing a cougar.
"Quota" means the targeted harvest goal. The actual harvest level may exceed the quota.
"Kill permit" allows a hunter to pursue or kill cougar.
"Pursuit permit" allows a hunter to pursue cougar.
(1) The pilot cougar-hunting season will allow use of dogs to hunt cougar. The hunts will consist of pursuit-or-kill seasons and pursuit-only seasons, and are allowed only in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties.
(2) Pursuit-or-kill seasons:
Cougar may be pursued or killed with the aid of dogs from
December 1, ((2007)) 2008, until the female zone quota has
been killed, the total zone quota has been killed, or March
31, ((2008)) 2009, whichever occurs first; EXCEPT GMUs 101 and
204 where cougar may be pursued or killed from January 1,
((2008)) 2009, until the female zone quota has been killed,
the total zone quota has been killed, or March 31, ((2008))
2009, whichever occurs first.
(3) Pursuit-only seasons:
(a) If a zone quota is killed prior to March 31, ((2008))
2009, cougar may be pursued with dogs in all or portions of
that zone until March 31, ((2008)) 2009. Hunters may only
pursue cougars in designated pursuit only areas identified on
their kill or pursuit-only permit. Hunters may not kill
cougar during pursuit-only seasons.
(b) Hunters selected for the pursuit-or-kill season
(accompanied by up to three of their identified handlers) may
participate in a pursuit-only season. Permit hunters that
harvest a cougar under a kill permit may continue to pursue
cougars until March 31. If a zone quota is killed, the
department ((will)) may also issue pursuit-only permit to
hunters drawn at random from the unselected pool of
applicants. The director will identify the number of
pursuit-only hunters selected.
(4) Hunt areas and kill quotas:
Cougar seasons will be based on a quota system, where
permit hunters using dogs may hunt and kill cougar until the
allotted numbers of cougar have been killed from each hunt
zone or March 31, ((2008)) 2009, whichever occurs first.
(a) Kill quotas start September 1 and will include all cougar killed during seasons with and without the aid of dogs, including cougar seasons under this section, cougar seasons without the aid of dogs authorized under WAC 232-28-272, depredation permits, landowner kill permits, and WDFW depredation authority.
(b) Individual problem cougar will continue to be killed on an as-needed basis utilizing depredation permits, landowner kill permits, and WDFW depredation authority even if these kills result in exceeding a zone quota.
| QUOTA | |||||||
| CMU | Hunt Choice | Hunt Zone | Area Description | Total | Female | ||
| East Cascades North | 9001 | Okanogan | Those portions of GMUs 203, 209, 215, 218, 233, 224, 231, 239, and 242 within Okanogan County | (( |
(( |
||
| 9002 | Chelan | Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County | (( 6 |
(( 2 |
|||
| Northeastern | 9003 | Ferry-Okanogan | GMUs 101, 204 | (( |
(( |
||
| 9004 | Stevens-Pend Oreille | Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties | (( |
(( |
|||
| East Cascades South | 9005 | Klickitat | Those portions of GMUs 382, 388, 578 within Klickitat County | TBD | TBD | ||
Permit hunters participating in a pursuit-or-kill season must call the toll free cougar quota hotline within twenty-four hours prior to each day hunting cougar to determine if the zone quota has been killed and the zone is closed. Hunters who hunt more than one consecutive day must call the quota hotline once daily to determine if the zone quota is killed. Hunters who harvest a cougar with the aid of dogs must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar, with proof of sex naturally attached, must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull in such a manner that teeth and biological samples can be extracted to an authorized department employee at the time of sealing.
(6) Kill or pursuit-only permit eligibility:
(a) ((To apply for a kill or pursuit-only permit under
this section, individuals must sign an affidavit provided by
the department, certifying under penalty of false swearing
under RCW 9A.72.040 that they are a dog owner. The affidavit
must be mailed to WDFW by the date and time identified by the
director. Individuals not registered as a dog owner will not
be issued a permit.
(b))) To apply for a kill or pursuit-only permit under this section, individuals must purchase a cougar permit application and submit the application in compliance with WAC 232-28-291 by a date and time identified by the director.
(((c))) (b) To be eligible for a permit, the participant
must be a Washington resident who at the time of application
for a permit possesses a valid big game license with cougar as
a species option. The permit holder must use dogs while
participating in a cougar hunt under this section.
(((d))) (c) A permit will not be issued to any person who
has been convicted of unlawful use of dogs under RCW 77.15.245
within the five-year period prior to December 1, 2004. Any
person issued a permit and who is subsequently convicted of
any wildlife offense while participating in a pursuit-or-kill
or pursuit-only season, or who violates any condition of the
permit, will have the permit revoked and will be ineligible to
participate in the remainder of the pilot program.
(7) Permit issuance procedure:
(a) The number of kill permits for a pursuit-or-kill season with the aid of dogs may be established by the director, but will not exceed two times the total cougar quota for each hunt zone.
(b) The department will issue kill or pursuit-only
permits to the persons whose applications are drawn at random.
Individuals selected will be notified by telephone or mail. ((Individuals selected must return the signed affidavit to the
department's wildlife program in Olympia within fifteen days
of being notified. Failure to return the completed affidavit
to the department will result in forfeit of the permit.)) Kill and pursuit-only permits may not be sold or reassigned.
(c) If a female zone quota or total zone quota is not
killed in a hunt zone by January 15 (or sooner as identified
by the director), then the department ((will)) may issue kill
permits to additional hunters. Hunters will be drawn at
random from the unselected pool of applicants and must be a
resident of one of the ((five)) participating counties.
(8) Qualifications for participation and requirements:
In addition to the provisions applicable to all cougar hunters:
(a) Successful applicants must complete a training program prior to participating in a pursuit-or-kill season or pursuit-only season with the aid of dogs.
(b) Participants must have their permit issued by the department in their possession while hunting cougar.
(c) Individuals selected for a kill permit may kill and
possess ((two)) one cougar per permit and only the permittee
may kill the cougar(s). ((However, a kill permit holder may
not kill a second cougar in a hunt zone until January 15 (or
sooner as identified by the director).))
(d) Individuals selected for a cougar kill or pursuit-only permit may use dog handlers. However, no more than three handlers may accompany the permittee while hunting or pursuing cougar. Dog handlers may not pursue cougar when the permit hunter is not present at the time the dogs are released from a leash or unrestrained. Dog handlers must have a dog handler identification card, issued by the department, in their possession while participating in a pursuit-or-kill season or pursuit-only season. Dog handlers may not receive payment for their services.
(e) Dog handlers must be a Washington resident and possess a valid hunting license.
(f) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.
(g) Participants must have a vehicle placard issued by the department. The vehicle placard must be placed in the permittee's and dog handler's vehicles and be visible from outside the vehicles at all times while hunting or pursuing cougar.
(h) Kill and pursuit-only permit hunters are required to
((maintain and return to the department a pilot cougar hunting
season logbook. At the end of each day hunting cougar, the
permit hunters must record their hunting activities, including
that of their dog handlers, in their logbook. If requested by
department staff, permit hunters must provide the logbook for
inspection. Logbooks must be mailed to the department at
WDFW-Pilot Cougar Hunt, 600 Capitol Way North, Olympia, WA
98501-1091)) report their hunting activity, whether they
harvest a cougar or not, using the toll free cougar quota
hotline. Unsuccessful hunters must report their hunting
activity by April 10, ((2008)) 2009. A violation of this
requirement under this subsection is punishable as an
infraction under RCW 77.15.160.
(9) The permit belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
[Statutory Authority: RCW 77.12.047. 07-22-102 (Order 07-273), § 232-28-285, filed 11/6/07, effective 12/7/07; 06-17-095 (Order 06-196), § 232-28-285, filed 8/15/06, effective 9/15/06; 05-17-098 (Order 05-174), § 232-28-285, filed 8/15/05, effective 9/15/05; 04-21-036 (Order 04-284), § 232-28-285, filed 10/14/04, effective 11/14/04.]