WSR 08-17-034

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-197 -- Filed August 13, 2008, 3:02 p.m. , effective September 13, 2008 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amending WAC 232-28-285 Pilot cougar hunting with the aid of dogs, 232-28-272 2006-2007, 2007-2008, 2008-2009 Black bear and cougar hunting seasons and regulations, 232-12-243 Public safety cougar removals and 232-16-800 Johnson Debay's Slough Game Reserve; adopting WAC 232-28-432 2008-09 Migratory waterfowl regulations and seasons; and repealing WAC 232-28-431 2007-08 Migratory waterfowl regulations and seasons.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-431; and amending WAC 232-28-285, 232-28-272, 232-12-243, and 232-16-800.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.040, 77.12.020, 77.12.570, 77.12.210.

      Adopted under notice filed as WSR 08-12-106 on June 4, 2008, and WSR 08-14-078 on June 26, 2008.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-285 Pilot cougar hunting seasons with the aid of dogs.

     Changes, if any, from the text of the proposed rule and reasons for difference:

Consistent with commission intent in changing subsection (6)(a) revert to the original definition of dog owner means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.
Under subsection (1) add Klickitat to the list of counties. This corrects a typographical error.
Under hunt area table[:]
In the East Cascades South CMU row, change the total quota from "TBD" to "6."
In the East Cascades South CMU row, change the female quota from "TBD" to "2."
     The purpose of these changes is to establish the kill quota levels for the pilot cougar hunt in Klickitat County.

Reinsert the previous language under subsection (6)(a) to require that individuals own dogs as an alternative to the deleted language under subsection (8)(d). The reason for this change is to ensure that this hunt is not perceived as a "trophy hunt."
Under subsection (8)(d) strike the language "dog handlers may not receive payment for their services." The reason for this change is because the commission does not have the authority to restrict payment.

WAC 232-28-272 2006-2007, 2007-2008, 2008-2009 Black bear and cougar hunting seasons and regulations.

     Changes, if any, from the text of the proposed rule and reasons for difference:

In the East Cascades South B unit, change the hunt season from "Aug. 1 - Nov. 30" to "Oct. 11 - Nov. 19, 2008."
Add East Cascades South C unit:
Season: "Sept. 1 - Nov. 30."
Hunt area: "GMUs 382, 388, 578 within Klickitat County."
Special restrictions: "Archery deer or elk hunters and muzzleloader deer or elk hunters who posses [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."
     The purpose of these changes are to make the general season hunts consistent with other general season hunts in areas that also have a cougar permit hunt with the aid of dogs.

Change East Cascades C to East Cascades South C. This corrects a typographical error.

WAC 232-28-432 2008-09 Migratory waterfowl regulations and seasons.

     Changes, if any, from the text of the proposed rule and reasons for difference:

Under duck season bag limits, reduce scaup bag limits from 3/6 to 2/4, reduce scaup season length from one hundred seven to eighty-six days, and close the canvasback season. These changes are necessary to comply with recent federal framework changes based on survey information and harvest strategies for these species.
Under Ridgefield NWR goose season in Goose Management Area 2, change opening season date from November 11 to November 13 and extend the season by 3 days in late January. Ridgefield NWR requested these changes, which will avoid opening the season on a federal holiday and provide additional public hunting opportunity.
Under Goose Management Area 2, change requirements for closures, hunting authorizations, and checking of birds at check stations to include all goose species, rather than just Canada geese. These changes were made to provide more consistency with seasons in Oregon and reduce regulation complexity.

WAC 232-16-800 Johnson Debay's Slough Game Reserve.

     Changes, if any, from the text of the proposed rule and reasons for difference: Based on public input, adjust the northern reserve boundary along the Skagit River to exclude parts of two privately owned parcels and a small WDFW parcel. These lands are not believed to be critical to the function of the reserve in providing an undisturbed winter use area for wintering swans.

     A final cost-benefit analysis is available by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.

     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 4, 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 13, 2008.

Susan Yeager

for Jerry Gutzwiler, Chair

Fish and Wildlife Commission

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-1670.2


AMENDATORY SECTION(Amending Order 98-155, filed 8/13/98, effective 9/13/98)

WAC 232-16-800   Johnson/Debay's Slough Game Reserve.   In Skagit County, beginning at the intersection of Francis Road and Debay's Slough Road; then south and west along Francis Road (3090 feet) to white corner marker; then north (1265 feet) to the middle of Debay's Slough (white corner marker); then westerly (2087 feet) along the channel of Debay's Slough to the western tip of the farmed portion of Debay's Island; then northerly (1485 feet) to the south bank of the Skagit River (white corner marker); then easterly (((1600)) 2200 feet) along the south bank of the Skagit River to fence line (white corner marker); then south along fence line (((855)) 150 feet) to corner post; then ((east)) southeast 1050 feet to fence line; then east 1090 feet along fence line (((435 feet))) to fence intersection; then south (300 feet) along fence line to existing tree line (white corner marker); then continue south (835 feet) to south shoreline of Debay's Slough (white corner marker); then easterly and southerly along the west shoreline of Debay's Slough (1770 feet) to the south side of Debay's Slough Road (white corner marker); then east along the south side of Debay's Slough Road to the intersection of Francis Road and the point of beginning.

[Statutory Authority: RCW 77.12.040. 98-17-041 (Order 98-155), § 232-16-800, filed 8/13/98, effective 9/13/98; 97-18-025 (Order 97-162), § 232-16-800, filed 8/25/97, effective 9/25/97.]

OTS-1671.3


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 A

Aug. 1 - Mar. 15 GMUs 342-368((, 382, 388, 578)) Any legal weapon
East Cascades

South B

Oct. 11 - Nov. 19, 2008 GMUs 382, 388, 578 within Klickitat County Any legal weapon
East Cascades

South C

Sept. 1 - Nov. 30 GMUs 382, 388, 578 within Klickitat County 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.
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-1672.5


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" means a person that owns and 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 Klickitat, 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 ((28)) 17 ((11)) 7
9002 Chelan Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County ((10)) 6 ((4)) 2
Northeastern 9003 Ferry-Okanogan GMUs 101, 204 ((26)) 16 ((10)) 6
9004 Stevens-Pend Oreille Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties ((38)) 23 ((15)) 9
East Cascades South 9005 Klickitat Those portions of GMUs 382, 388, 578 within Klickitat County 6 2

     (5) Quota hotline:

     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) 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) 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.

     (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.]

OTS-1674.3


NEW SECTION
WAC 232-28-432   2008-09 Migratory waterfowl seasons and regulations.  


DUCKS


Statewide


Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009; except scaup season closed Oct. 11-31 and entire canvasback season closed.


Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 20-21, 2008.


Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 1 pintail, 2 scaup, 2 redhead, 1 harlequin, 4 scoter, and 4 long-tailed duck.


Possession limit: 14 ducks, to include not more than 4 hen mallard, 2 pintail, 4 scaup, 4 redhead, 1 harlequin, 8 scoter, and 8 long-tailed duck.


Season limit: 1 harlequin.


WRITTEN AUTHORIZATION REQUIRED TO HUNT SEA DUCKS.


All persons hunting sea ducks (harlequin, scoter, long-tailed duck) in Western Washington are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife, Olympia and regional offices).


Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2009, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2009-10 sea duck season.


COOT (Mudhen)

Same areas, dates (including youth hunting weekend), and shooting hours as the general duck season.


Daily bag limit: 25 coots.

Possession limit: 25 coots.


COMMON SNIPE


Same areas, dates (except youth hunting weekend), and shooting hours as the general duck season.


Daily bag limit: 8 snipe.

Possession limit: 16 snipe.


GEESE (except Brant)


Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 20-21, 2008, statewide except Western Washington Goose Management Areas 2A and 2B.


Daily bag limit: 4 Canada geese.

Possession limit: 8 Canada geese.


Western Washington Goose Seasons


Goose Management Area 1


Island, Skagit, Snohomish counties.


Oct. 11, 2008 - Jan. 25, 2009 for snow, Ross', or blue geese.

Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese (except Brant).


Daily bag limit: 4 geese.

Possession limit: 8 geese.


WRITTEN AUTHORIZATION REQUIRED TO HUNT SNOW GEESE.


All persons hunting snow geese in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife, Olympia and regional offices).


Immediately after taking a snow goose into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2009, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2009-10 snow goose season.


It is unlawful to discharge a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County. While hunting snow geese on Fir Island, if a hunter is convicted of 1) trespass, 2) shooting from, across, or along the maintained part of any public highway, 3) discharging a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County, or 4) exceeding the daily bag limit for snow geese, written authorization will be invalidated for the remainder of the 2008-09 snow goose season and an authorization will not be issued for the 2009-10 snow goose season.


QUALITY HUNTING AREAS IN GOOSE MANAGEMENT AREA 1.


Hunters possessing written authorization to hunt snow geese in Goose Management Area 1 can apply for a special authorization to access private lands around Fir Island enrolled in a new quality snow goose hunting program. Hunters must apply for special authorization to hunt on these special areas by September 26, 2008, using the department's internet or mail application systems. A random drawing will select hunters for participation, and special hunt authorizations will be mailed prior to the season. Up to 3 individuals possessing snow goose authorizations can hunt with the successful applicant on each hunt day. Successful applicants must check in with the WDFW hunt coordinator at least one week prior to their first scheduled hunting day and all hunters must hunt over decoys. Special authorizations are not valid for commercial uses. Authorizations are valid for one week (only on Monday, Tuesday, Wednesday, Friday, and Saturday) during the period November 1, 2008 - January 25, 2009, and only on private lands specified by the WDFW hunt coordinator. Hunters will be assigned at random to private farms participating in the program.


Goose Management Area 2A


Cowlitz and Wahkiakum counties, and that part of Clark County north of the Washougal River.


Open in all areas except Ridgefield NWR from 8 a.m. to 4:00 p.m., Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2008 and Dec. 3, 2008 - Jan. 25, 2009. Ridgefield NWR open from 8 a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only, Nov. 13-22, 2008 and Dec. 4, 2008 - Jan. 24, 2009, except closed Nov. 27 and Dec. 25, 2008, and Jan. 1, 2009.


Bag limits for Goose Management Area 2A:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose and 2 cackling geese.


Possession limit: 8 geese, to include not more than 1 dusky Canada goose and 4 cackling geese.


Season limit: 1 dusky Canada goose.


Goose Management Area 2B


Pacific County.


Open from 8 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 11, 2008 - Jan. 10, 2009.


Bag limits for Goose Management Area 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, 2 Aleutian geese, and 4 cackling geese.

Season limit: 1 dusky Canada goose.


Special Provisions for Goose Management Areas 2A and 2B:


A dusky Canada goose is defined as a dark-breasted (as shown in the Munsell color chart 10 YR, 5 or less) Canada goose with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.


The goose season for Goose Management Areas 2A and 2B will be closed early if dusky Canada goose harvests exceed area quotas which collectively total 80 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 80 duskys, to be distributed 15 for Zone 1 (Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the Kalama River); 20 for Zone 3 (Clark County except Ridgefield NWR); 10 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 10 for Zone 5 (Pacific County). Quotas may be shifted to other zones during the season to optimize use of the statewide quota and minimize depredation.


Hunting is only permitted by written authorization from the Washington department of fish and wildlife. New hunters and those who did not maintain a valid 2007-08 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive written authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time.


With written authorization, hunters will receive a harvest report. Hunters must carry the authorization card and harvest report while hunting. Immediately after taking a Canada goose (dusky, lesser/Taverner, cackling, or other subspecies) or other goose into possession, hunters must record in ink the information required on the harvest report. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the harvest report, written authorization will be invalidated and the hunter will not be able to hunt geese in Goose Management Areas 2A and 2B for the remainder of the season and the special late goose season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B.


Special Late Goose Season for Goose Management Area 2A:


Open to Washington department of fish and wildlife master hunter program graduates and youth hunters (15 years of age or under, who are accompanied by a master hunter) possessing a valid 2008-09 southwest Washington goose hunting authorization, in areas with goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:


Saturdays and Wednesdays only, Feb. 7 - Mar. 10, 2009.


Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and 4 cackling geese.

Season limit: 1 dusky Canada goose.


A dusky Canada goose is defined as a dark-breasted Canada goose (as shown in the Munsell color chart 10 YR, 5 or less) with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.


Hunters qualifying for the season will be placed on a list for participation in this hunt. Washington department of fish and wildlife will assist landowners with contacting qualified hunters to participate in damage control hunts on specific lands incurring goose damage. Participation in this hunt will depend on the level of damage experienced by landowners. The special late goose season will be closed by emergency action if the harvest of dusky Canada geese exceeds 85 for the regular and late seasons. All provisions listed above for Goose Management Area 2A regarding written authorization, harvest reporting, and checking requirements also apply to the special late season; except hunters must confirm their participation at least 24 hours in advance by calling the goose hunting hotline (listed on hunting authorization), and hunters must check out by 5:00 p.m. on each hunt day regardless of success. It is unlawful to fail to comply with all provisions listed above for the special late season in Goose Management Area 2A.


Goose Management Area 3


Includes all parts of Western Washington not included in Goose Management Areas 1, 2A, and 2B.


Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009.


Daily bag limit: 4 geese.

Possession limit: 8 geese.


Eastern Washington Goose Seasons


Goose Management Area 4


Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla counties.


Oct. 11-13, 2008, and Saturdays, Sundays, and Wednesdays only during Oct. 18, 2008 - Jan. 18, 2009; Nov. 11, 27, and 28, 2008; Dec. 25, 26, 29, and 30, 2008; January 1, 2009; and every day Jan. 19-25, 2009.


Goose Management Area 5


Includes all parts of Eastern Washington not included in Goose Management Area 4.


Oct. 11-13, 2008, every day from Oct. 18, 2008 - Jan. 25, 2009.


Bag limits for all Eastern Washington Goose Management Areas:


Daily bag limit: 4 geese.

Possession limit: 8 geese.


BRANT


Open in Skagit County only on the following dates:


Jan. 15, 17, 18, 20, 22, 24, and 25, 2009.


If the 2008-09 preseason brant population in Skagit County is below 6,000 (as determined by the early January survey), the brant season in Skagit County will be canceled.


Open in Pacific County only on the following dates:

    
Jan. 10, 11, 13, 15, 17, 18, 20, 22, 24, and 25, 2009.


WRITTEN AUTHORIZATION REQUIRED:


All hunters participating in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife regional offices).


Immediately after taking a brant into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2009, hunters must return the harvest report to the Washington department of fish and wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2009-10 brant season.


Bag limits for Skagit and Pacific counties:


Daily bag limit: 2 brant.

Possession limit: 4 brant.


SWANS


Season closed statewide.


FALCONRY SEASONS


DUCKS, COOTS, AND SNIPE (Falconry)


(Bag limits include geese and mourning doves.)


Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009 statewide.


Daily bag limit: 3, straight or mixed bag with geese and mourning doves during established seasons.


Possession limit: 6, straight or mixed bag with geese and mourning doves during established seasons.


GEESE (Falconry)


(Bag limits include ducks, coot, snipe, and mourning doves.)


Goose Management Area 1: Oct. 11, 2008 - Jan. 25, 2009 for snow, Ross', or blue geese. Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese.


Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2008 and Dec. 3, 2008 - Jan. 25, 2009.


Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 11, 2008 - Jan. 10, 2009.


Goose Management Areas 3, 4, and 5: Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009.


Daily bag limit for all areas: 3 geese (except brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.


Possession limit for all areas: 6 geese (except brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

[]

OTS-1673.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-431 2007-08 Migratory waterfowl seasons and regulations.

© Washington State Code Reviser's Office