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

     Purpose: New WAC 232-28-436 specifies legal season dates, bag limits, and open areas to hunt waterfowl, coot, and snipe for the 2012-13 hunting season. 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.

     The amendment to WAC 232-16-440 is intended to eliminate the Toppenish Creek #2 reserve due to hydrology changes that have significantly reduced the value of the reserve to waterfowl. This will allow additional public hunting recreation for upland birds on United States Fish and Wildlife Service lands on the Toppenish National Wildlife Refuge.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-435; and amending WAC 232-16-440.

     Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.070.

     Other Authority: C.F.R. Title 50, Part 20; Migratory Bird Treaty Act.

      Adopted under notice filed as WSR 12-13-105 on June 20, 2012.

     Changes Other than Editing from Proposed to Adopted Version: No changes were made to WAC 232-16-440 or 232-28-435 since the proposal. In WAC 232-28-436, the following changes were made since the initial rule proposal filed under WSR 12-13-105 on June 20, 2012.

     Under the first section, Ducks (Statewide), the restricted scaup season dates and bag limits were removed due to increases in numbers of greater and lesser scaup, which are now above season liberalization thresholds.

     Under the Goose Management Area 5 section, the season dates were changed from October 13-17 to October 13-15 to comply with the one hundred seven day federal framework for geese.

     Under the Geese (Falconry) section, the season dates for Goose Management Areas 3-5 were changed from October 13-25 to October 13-14 to comply with the one hundred seven day federal framework for geese.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 0, Amended 1, Repealed 0.

     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 3, 2012.

Miranda Wrecker, Chair

Fish and Wildlife Commission

OTS-4834.1

AMENDATORY SECTION(Amending Temporary Regulation 256 (part), filed 9/8/66)

WAC 232-16-440   Toppenish Creek Game Reserve. (Cort Meyer.)   (((1))) Commencing at the NE corner of the SE1/4 of the NW1/4 of Section 26, Township 10, Range 20E.W.M.; thence west one and three-quarters mile to the NW corner of the SE1/4 of the NE1/4 of Section 28, Township 10, Range 20; thence south one-quarter mile; thence east one-quarter mile; thence south three-quarters mile to the SW corner of the NW1/4 of the NW1/4 of Section 34; thence east three-quarters mile; thence south one-quarter mile; thence east three-quarters mile to center of Section 35; thence north one and one-quarter miles to place of beginning. All in Township 10 north, Range 20E.W.M.

     (((2) Toppenish Creek Game Reserve No. 2, (Upper Toppenish Creek) Yakima County. . . . it shall be unlawful to hunt or trap within said area:

     All of Section 21; the west half of the northwest quarter of Section 22; the west half of the southwest quarter of Section 22; the southeast quarter of southwest quarter of Section 22; the south half of the northeast quarter of southwest quarter of Section 22; the north half of north half of Section 28; north half of northwest quarter of Section 27; north half of the southeast quarter of northwest quarter of Section 27; all being in Township 10 north, Range 18E.W.M.))

[Subsection (2), Temporary Regulation 256 (part), filed 9/8/66; Temporary Regulation 234, filed 10/9/64; Order, Subsection (1), filed 7/29/64; Order, filed 7/29/64; Regulation 171, filed 3/21/60; Resolution No. 1 (part), 3/21/60.]

OTS-4846.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-435

2011-12 Migratory waterfowl seasons and regulations.

OTS-4836.2

NEW SECTION
WAC 232-28-436   2012-13 Migratory waterfowl seasons and regulations.  

DUCKS

Statewide: Oct. 13-17, 2012 and Oct. 20, 2012 - Jan. 27, 2013.

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. 22-23, 2012.

Daily Bag Limit: 7 ducks, to include not more than 2 hen mallard, 2 pintail, 1 canvasback, and 2 redhead statewide; and to include not more than 1 harlequin, 2 scoter, 2 long-tailed duck, and 2 goldeneye in Western Washington.

Possession Limit: 14 ducks, to include not more than 4 hen mallard, 4 pintail, 2 canvasback, and 4 redhead statewide; and to include not more than 1 harlequin, 4 scoter, 4 long-tailed duck, and 4 goldeneye in Western Washington.

Season Limit: 1 harlequin in Western Washington.

AUTHORIZATION AND HARVEST RECORD CARD REQUIRED TO HUNT SEA DUCKS

Hunters must possess a special 2012-2013 hunting authorization and harvest record card for sea ducks when hunting harlequin, scoter, long-tailed duck, and goldeneye in Western Washington. Hunters who did not possess a 2011-12 sea duck harvest record card must submit an application form to Washington state department of fish and wildlife (WDFW). Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest record card.

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. 22-23, 2012, 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. 13, 2012 - Jan. 27, 2013 for snow, Ross', and blue geese. Oct. 13-25, 2012 and Nov. 3, 2012 - Jan. 27, 2013 for other geese (except brant).

Daily Bag Limit: 4 geese.

Possession Limit: 8 geese.

AUTHORIZATION AND HARVEST RECORD CARD REQUIRED TO HUNT SNOW GEESE

Hunters must purchase a special 2012-13 migratory bird hunting authorization and harvest record card for snow geese when hunting snow, Ross', and blue geese in Goose Management Area 1. Hunters who did not possess a 2011-12 snow goose harvest record card must submit an application form to WDFW. Immediately after taking a snow, Ross', or blue goose into possession, hunters must record in ink the information required on the harvest record card.

SNOW GOOSE QUALITY HUNTING PROGRAM IN GOOSE MANAGEMENT AREA 1

All hunters must obey posted signs regarding access restrictions. Quality hunt units are not available for commercial uses.

SKAGIT COUNTY SPECIAL RESTRICTIONS

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 or to discharge a firearm for the purpose of hunting snow geese within 100 feet of any paved public road in other areas of Skagit County.

While hunting snow geese, if a hunter is convicted of (a) trespass; (b) shooting from, across, or along the maintained part of any public highway; (c) discharging a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County or discharging a firearm within 100 feet of any paved public road for the purpose of hunting snow geese in other areas of Skagit County; or (d) exceeding the daily bag limit for geese, authorization will be invalidated for the remainder of the current snow goose season and an authorization will not be issued for the subsequent snow goose season.

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 8:00 a.m. to 4:00 p.m., Saturdays, Sundays, and Wednesdays only, Nov. 10-25, 2012 and Dec. 5, 2012 - Jan. 27, 2013. Ridgefield NWR open from 8:00 a.m. to 4:00 p.m., Tuesdays, Thursdays, and Saturdays only, Nov. 10-24, 2012 and Dec. 6, 2012 - Jan. 26, 2013, except closed Nov. 22, 2012, Dec. 25, 2012, and Jan. 1, 2013.

Bag Limits for Goose Management Area 2A:

Daily Bag Limit: 4 geese, to include not more than 1 dusky Canada goose and 3 cackling geese.

Possession Limit: 8 geese, to include not more than 1 dusky Canada goose and 6 cackling geese.

Season Limit: 1 dusky Canada goose.

Goose Management Area 2B

Pacific County: Open from 8:00 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 13-24, 2012 and Nov. 3, 2012 - Jan. 19, 2013.

Bag Limits for Goose Management Area 2B:

Daily Bag Limit: 4 geese, to include not more than 1 dusky Canada goose, 3 cackling geese, and 1 Aleutian goose.

Possession Limit: 8 geese, to include not more than 1 dusky Canada goose, 6 cackling geese, and 2 Aleutian 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 5 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); 7 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 8 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.

Hunters must possess a special 2012-13 migratory bird hunting authorization for Goose Management Area 2A/2B and daily goose harvest record card when hunting geese in Goose Management Areas 2A and 2B. New hunters and those who did not maintain a valid 2011-12 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.

Immediately after taking any goose into possession, hunters must record in ink the information required on the harvest record card. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. All geese shall be presented intact and fully feathered at the check station. If a hunter takes the season bag limit of 1 dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the harvest record card, 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 WDFW master hunter program graduates and youth hunters (15 years of age or under, who are accompanied by a master hunter) possessing a valid 2012-13 southwest Washington goose hunting authorization and harvest record card, 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. 2 - Mar. 6, 2013.

Daily Bag Limit: 4 geese, to include not more than 1 dusky Canada goose and 3 cackling geese.

Possession Limit: 8 geese, to include not more than 1 dusky Canada goose and 6 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. WDFW 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 45 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. 13-25, 2012 and Nov. 3, 2012 - Jan. 27, 2013.

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. 13, 2012 - Jan. 20, 2013; Nov. 22 and 23, 2012; Dec. 25, 27, 28, and 31, 2012; Jan. 1, 2013, and every day Jan. 21-27, 2013.

Goose Management Area 5

Includes all parts of Eastern Washington not included in Goose Management Area 4: Oct. 13-15, 2012, every day from Oct. 20, 2012 - Jan. 27, 2013.

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. 12, 13, 16, 19, 20, 23, 26, and 27, 2013.

If the 2012-13 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. 5, 6, 8, 10, 12, 13, 15, 17, 19, and 20, 2013.

AUTHORIZATION AND HARVEST RECORD CARD REQUIRED TO HUNT BRANT

Hunters must possess a special 2012-13 migratory bird hunting authorization and harvest record card for brant when hunting brant. Hunters who did not possess a 2011-12 brant harvest record card must submit an application form to WDFW. Immediately after taking a brant into possession, hunters must record in ink the information required on the harvest record card.

Bag Limits for Skagit and Pacific counties:

Daily Bag Limit: 2 brant.

Possession Limit: 4 brant.

SWANS

Season closed statewide.

MANDATORY REPORTING FOR MIGRATORY BIRD HARVEST RECORD CARDS

Hunters must report 2012-13 harvest information from band-tailed pigeon harvest record cards to WDFW for receipt by Sept. 30, 2012, and harvest information from brant, sea duck, and snow goose harvest record cards to WDFW for receipt by Feb. 15, 2013. Every person issued a migratory bird hunting authorization and harvest record card must return the entire card to WDFW or report the card information at the designated internet site listed on the harvest record card. Any hunter failing to report by the deadline will be in noncompliance of reporting requirements. Hunters who have not reported hunting activity by the reporting deadline for any harvest record card acquired in 2012-13 will be required to pay a $10 administrative fee before any new 2013-14 migratory bird authorization and harvest record card will be issued. A hunter may only be penalized a maximum of $10 during a license year.

FALCONRY SEASONS

DUCKS, COOTS, AND SNIPE (Falconry)

(Bag limits include geese and mourning doves.)

Oct. 13-17, 2012 and Oct. 20, 2012 - Jan. 27, 2013 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. 13, 2012 - Jan. 27, 2013 for snow, Ross', or blue geese. Oct. 13-25, 2012 and Nov. 3, 2012 - Jan. 27, 2013 for other geese.

Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 10-25, 2012 and Dec. 5, 2012 - Jan. 27, 2013.

Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 13-24, 2012 and Nov. 3, 2012 - Jan. 19, 2013.

Goose Management Areas 3, 4, and 5: Oct. 13-14, 2012 and Nov. 3, 2012 - Jan. 27, 2013.

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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