WSR 10-21-097

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 20, 2010, 8:55 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-18-093 on September 1, 2010.

Title of Rule and Other Identifying Information: WAC 232-28-294 Multiple season big game permits.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2515, on December 3-4, 2010, at 8:30 a.m.

Date of Intended Adoption: On or after December 3, 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 November 10, 2010.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 29, 2010, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases the number of permits drawn and awarded.

Reasons Supporting Proposal: Each year, approximately 16,000 applications are received for these permits, and in recent years, 2,600 are awarded. However, in 2010, only about fifty-five percent of those people who were awarded deer permits and eighty-five percent of those awarded elk permits ended up purchasing the permits. We are proposing to draw more names, although the number of hunters who will purchase the permits in 2011 is expected to be the same number (2,600) allocated in 2010.

Statutory Authority for Adoption: RCW 77.12.047, 77.32.450, and 77.32.370.

Statute Being Implemented: RCW 77.12.047, 77.32.450, and 77.32.370.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Pulliam, Natural Resources Building, Olympia, (360) 902-2506; 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. These rules are not related to hydraulics regulations.

October 20, 2010

Lori Preuss

Rules Coordinator

OTS-3729.1


AMENDATORY SECTION(Amending Order 09-53, filed 4/15/09, effective 5/16/09)

WAC 232-28-294   Multiple season big game permits.   The commission may, by rule, offer permits for hunters to hunt deer or elk during more than one general season.

An annual drawing will be conducted by the department for multiple season permits.

(1) Multiple season big game hunting permit applications:

(a) To apply for multiple season big game hunting season permits for deer or elk, applicants must purchase a permit application.

(b) No refunds or exchanges for applications will be made for persons applying for multiple season big game hunting season permits after the ((drawing)) application has been ((held)) submitted.

(c) An applicant may purchase only one application for a multiple season big game hunting season permit for each species.

(d) Permits will be randomly drawn by computer selection.

(e) Incomplete applications will not be accepted.

(f) The department will establish application and drawing dates.

(2) The bag limit for this permit is one deer or elk.

(3) Multiple season permits:

(a) Hunters who are drawn will be required to purchase their original deer or elk license, corresponding to their permit, and the multiple season big game permit.

(b) Successful applicants will be allowed to purchase their permit ((on a first come, first served basis until the quota has been reached. Once the quota is reached, permit sales will be curtailed)) at any time prior to September 1st.

(c) The permits are not transferable.

(4) Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.


Number of Permits Dates Game Management Units (GMUs) Legal Animal Eligible Hunters
Multiple Season Deer Permits
((2000)) 4000 Sept. 1 - December 31 within established general seasons and regulations for deer by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal deer consistent with the game management unit or area restrictions Any licensed deer hunter
50 Sept. 1 - December 31 within established general seasons and regulations for deer by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal deer consistent with the game management unit or area restrictions Hunter education instructors, meeting qualifications and selection criteria established by the department
Multiple Season Elk Permits
((600)) 850 Sept. 1 - December 31 within established general seasons and regulations for elk by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal elk consistent with the game management unit or area restrictions Any licensed elk hunter
25 Sept. 1 - December 31 within established general seasons and regulations for elk by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal elk consistent with the game management unit or area restrictions Hunter education instructors, meeting qualifications and selection criteria established by the department

[Statutory Authority: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240. 09-09-083 (Order 09-53), 232-28-294, filed 4/15/09, effective 5/16/09. Statutory Authority: RCW 77.12.047, 77.12.020. 08-01-052 (Order 07-292), 232-28-294, filed 12/13/07, effective 1/13/08; 06-04-066 (Order 06-09), 232-28-294, filed 1/30/06, effective 3/2/06.]

Washington State Code Reviser's Office