WSR 09-14-057

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 26, 2009, 3:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-10-069.

Title of Rule and Other Identifying Information: Amending WAC 232-16-050 Byron Game Reserve; adopting WAC 232-28-433 2009-10 Migratory waterfowl seasons and regulations; and repealing WAC 232-28-432 2008-09 Migratory waterfowl seasons and regulations.

Hearing Location(s): Sheriff's Ambulance Training Center, 425 North Highway, Colville, WA 99114, (509) 684-8261, on August 7-8, 2009, at 8:00 a.m.

Date of Intended Adoption: August 7-8, 2009.

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 Friday, July 17, 2009.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 5, 2009, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-16-050, the amendment corrects an error in the boundary description to update a road designation.

WAC 232-28-433, the new WAC specifies legal season dates, bag limits, and open areas to hunt waterfowl, coot, and snipe for the 2009-10 hunting season. WAC 232-28-433 replaces WAC 232-28-432.

Reasons Supporting Proposal: WAC 232-16-050, the amendment is necessary to clarify the boundary of the reserve.

WAC 232-28-433, waterfowl seasons and regulations are developed based on cooperative management programs among states of the Pacific Flyway and the United States Fish and Wildlife Service, considering population status and other biological parameters. The rule establishes waterfowl seasons and regulations to provide recreational opportunity, control waterfowl damage, and conserve the waterfowl resources of Washington.

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

Statute Being Implemented: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.040.

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) 902-2373.

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 26, 2009

Lori Preuss

Rules Coordinator

OTS-2509.1


AMENDATORY SECTION(Amending Order 05-174, filed 8/15/05, effective 9/15/05)

WAC 232-16-050   Byron Game Reserve.   That part of the Byron Ponds segment of the Sunnyside Wildlife Area (department of fish and wildlife lands) east of the Mabton Pressure Pipeline, legally described as the W.1/2 of Section 12 that is north of ((U.S.)) Highway No. ((410)) 22 except for the NE1/4 of the SE1/4 of the SW1/4; the NW1/4 of the NW1/4 of the SE1/4 of Section 12; that part of Section 11 east of the Mabton pressure pipeline and north of ((U.S.)) Highway No. ((410)) 22; and that part of Section 2 that is east of said pipeline; all of the above sections being in Twp. 8N., R.23E.W.M.

[Statutory Authority: RCW 77.12.047. 05-17-098 (Order 05-174), 232-16-050, filed 8/15/05, effective 9/15/05; Order, filed 7/29/64; Resolution 168, filed 3/21/60.]

OTS-2523.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-432 2008-09 Migratory waterfowl seasons and regulations.

OTS-2508.1


NEW SECTION
WAC 232-28-433   2009-10 Migratory waterfowl seasons and regulations.  


DUCKS


Statewide


Oct. 17-21, 2009 and Oct. 24, 2009 - Jan. 31, 2010; except scaup season closed Oct. 17 - Nov. 6.


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. 26-27, 2009.


Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 1 pintail, 2 scaup, 1 canvasback, 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, 2 canvasback, 4 redhead, 1 harlequin, 8 scoter, and 8 long-tailed duck.


Season limit: 1 harlequin.


AUTHORIZATION REQUIRED TO HUNT SEA DUCKS.


When hunting sea ducks (harlequin, scoter, long-tailed duck) in Western Washington, all persons are required to possess a sea duck hunting authorization and harvest report issued from any WDFW license vendor. Hunters who did not possess a 2008-09 authorization must submit an application form to WDFW (forms available on-line and 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. By February 15, 2010, hunters must report harvest information on the department's internet or phone reporting systems. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2010-11 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.


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. 26-27, 2009, 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. 17, 2009 - Jan. 31, 2010 for snow, Ross', or blue geese.

Oct. 17-29, 2009 and Nov. 7, 2009 - Jan. 31, 2010 for other geese (except Brant).


Daily bag limit: 4 geese.

Possession limit: 8 geese.


AUTHORIZATION REQUIRED TO HUNT SNOW GEESE.


When hunting snow geese in Goose Management Area 1, all persons are required to possess a snow goose hunting authorization and harvest report issued from any WDFW license vendor. Hunters who did not possess a 2008-09 authorization must submit an application form to WDFW (forms available on-line and 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. By February 15, 2010, hunters must report harvest information on the department's internet or phone reporting systems. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2010-11 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, authorization will be invalidated for the remainder of the 2009-10 snow goose season and an authorization will not be issued for the 2010-11 snow goose season.


QUALITY HUNTING PROGRAM IN GOOSE MANAGEMENT AREA 1.


Hunters possessing a snow goose hunting authorization for Goose Management Area 1 can apply for a special quality hunt authorization to access private lands around Fir Island. Hunters must apply for these special authorizations by October 2, 2009, using the department's internet or mail application systems. Private lands enrolled in the program are only open to hunters with quality hunt authorizations. Most program lands are open as Feel Free to Hunt or Register to Hunt. All hunters must hunt over decoys and obey posted signs regarding access restrictions. Quality hunt authorizations are not valid for commercial uses.


On January 2, 9, 16, 23, and 30, 2010, several specially selected units in the program will be open only to hunters selected in random drawings for each hunt day. Hunters will be assigned at random to units selected for each hunt day. Drawings will be held in late November, and successful applicants will be notified in early December regarding their selected hunt day. On these hunt days, up to 3 individuals possessing snow goose authorizations can hunt with the successful applicant. Successful applicants must check in with the WDFW hunt coordinator at least one week prior to their scheduled hunting day to receive specific hunting unit information.


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. 14-29, 2009 and Dec. 9, 2009 - Jan. 31, 2010, except closed Dec. 25, 2009 and Jan. 1, 2010. Ridgefield NWR open from 8 a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only, Nov. 19-28, 2009 and Dec. 10, 2009 - Jan. 31, 2010, except closed Nov. 26.


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. 17, 2009 - Jan. 16, 2010.


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 40 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 40 duskys, to be distributed 10 for Zone 1 (Ridgefield NWR); 5 for Zone 2 (Cowlitz County south of the Kalama River); 15 for Zone 3 (Clark County except Ridgefield NWR); 5 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 5 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 authorization, available at any WDFW license vendor to hunters who have met requirements for participation. New hunters and those who did not maintain a valid 2008-09 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time.


With authorization, hunters will receive a harvest report. Hunters must carry the authorization card and harvest report while hunting. Immediately after taking any 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, 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 2009-10 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. 6 - Mar. 10, 2010.


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 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. 17-29, 2009 and Nov. 7, 2009 - Jan. 31, 2010.


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.


Saturdays, Sundays, and Wednesdays only during Oct. 17, 2009 - Jan. 24, 2010; Nov. 11, 26, and 27, 2009; Dec. 25, 28, 29, and 31, 2009; January 1, 2010; and every day Jan. 25-31, 2010.


Goose Management Area 5


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


Oct. 17-21, 2009, every day from Oct. 24, 2009 - Jan. 31, 2010.


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. 16, 17, 20, 23, 24, 27, 30, and 31, 2010.


If the 2009-10 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. 9, 10, 12, 14, 16, 17, 19, 21, 23, and 24, 2010.


AUTHORIZATION REQUIRED TO HUNT BRANT


All persons hunting brant in this season are required to possess a brant hunting authorization and harvest report issued from any WDFW license vendor. Hunters who did not possess a 2008-09 authorization must submit an application form to WDFW (forms available on-line and at Washington department of fish and wildlife, Olympia and regional offices).


Immediately after taking a brant into possession, hunters must record in ink the information required on the harvest report. By February 15, 2010, hunters must report harvest information on the department's internet or phone reporting systems. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2010-11 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. 17-21, 2009 and Oct. 24, 2009 - Jan. 31, 2010 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. 17, 2009 - Jan. 31, 2010 for snow, Ross', or blue geese. Oct. 17-29, 2009 and Nov. 7, 2009 - Jan. 31, 2010 for other geese.


Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 14-29, 2009 and Dec. 9, 2009 - Jan. 31, 2010.


Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 17, 2009 - Jan. 17, 2010.


Goose Management Areas 3, 4, and 5: Oct. 17-29, 2009 and Nov. 7, 2009 - Jan. 31, 2010.


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.

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Washington State Code Reviser's Office