WSR 10-12-122

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 2, 2010, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-07-151 on March 24, 2010.

Title of Rule and Other Identifying Information: WAC 232-28-299 Mandatory report of hunting activity.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2515, on July 16, 2010, at 8:30 a.m.

Date of Intended Adoption: July 16, 2010.

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 June 25, 2010.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 7, 2010, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise the reporting requirements for hunters to make them consistent with the new permit hunts established by category.

Reasons Supporting Proposal: To make hunter reporting rules consistent with recent changes to permit hunts by category rather than species.

Statutory Authority for Adoption: RCW 77.12.047, 77.15.280, 77.32.020, and 77.32.070.

Statute Being Implemented: RCW 77.12.047, 77.15.280, 77.32.020, and 77.32.070.

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. This rule applies to recreational hunters not businesses.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are not related to hydraulics regulations.

June 2, 2010

Lori Preuss

Rules Coordinator

OTS-3222.1


AMENDATORY SECTION(Amending Order 07-292, filed 12/13/07, effective 1/13/08)

WAC 232-28-299   Mandatory report of hunting activity.   (1) All hunters purchasing a hunting license must report their hunting activity for deer, elk, bear, or turkey.

(a) Hunters must report hunting activity, for each tag and permit acquired, by January 31 or within 10 days after the close of an eligible hunt, whichever date is later.

(b) Reports must be made using the department's designated automated telephone hunter reporting system (toll free) or internet hunter reporting system.

(c) Any hunter not reporting, for each tag and permit acquired, by the reporting deadline will be in noncompliance of reporting requirements.

(d) Compliance will be credited for each ((species for which a)) transport tag ((is)) and permit acquired.

(2) As an incentive for prompt reporting, all ((successful)) hunters ((who report harvest within 10 days of killing an animal and unsuccessful hunters)) who report by midnight January 10 or within 10 days after the last day of their permit hunt will be entered into a drawing for special deer and elk incentive permits. To be eligible for the drawing, hunters must report their hunting activity for each transport tag and permit acquired.

(3) Hunters who have not reported hunting activity by the reporting deadline for deer, elk, bear, or turkey tags and permits acquired the previous year will be required to pay a $10 penalty before a new license that includes deer, elk, bear, or turkey tags will be issued. A hunter may only be penalized a maximum of $10 during a license year.

[Statutory Authority: RCW 77.12.047, 77.12.020. 08-01-052 (Order 07-292), 232-28-299, filed 12/13/07, effective 1/13/08. Statutory Authority: RCW 77.12.047. 05-17-098 (Order 05-174), 232-28-299, filed 8/15/05, effective 9/15/05; 02-15-018 (Order 02-129), 232-28-299, filed 7/8/02, effective 8/8/02. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-299, filed 4/26/01, effective 5/27/01.]

Washington State Code Reviser's Office