WSR 15-04-085 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed February 2, 2015, 1:40 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-24-118 on December 3, 2014.
Title of Rule and Other Identifying Information: WAC 232-28-288 2015-2017 Fall black bear hunting seasons and regulations, 232-28-286 2016, 2017, and 2018 Spring black bear seasons and regulations, and 232-28-297 2015-2016, 2016-2017, and 2017-2018 Cougar hunting seasons and regulations.
Hearing Location(s): Civic Center, 411 South Balsam Street, Moses Lake, WA 98837, on March 20-21, 2015, at 8:00 a.m.
Date of Intended Adoption: On or after April 9, 2015.
Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail wildthing@dfw.wa.gov, fax (360) 902-2162, by February 24, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by March 1, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-286, the proposed rule establishes the 2016, 2017, and 2018 spring black bear seasons. The purpose is to: (1) Reduce tree damage by bears in western Washington; (2) disperse harvest geographically and reduce female harvest in southeastern Washington; and (3) reduce nuisance and damage activity in northeastern and southwestern Washington, while maintaining long-term sustainable populations in each black bear management unit (BBMU) - except Puget Sound and Columbia Basin BBMUs. The anticipated effects of the rule are continued recreational harvest opportunities similar to 2013-2015 levels and long-term sustainable bear populations.
WAC 232-28-288, the proposed rule establishes the 2015, 2016, and 2017 fall black bear seasons. The purpose is to provide recreational harvest opportunities for black bear, while maintaining long-term sustainable populations in each BBMU - except Puget Sound and Columbia Basin BBMUs. The anticipated effects of the rule are to maintain recreational harvest trends similar to 2012-2014 levels. The anticipated effect to the bear population is a long-term sustainable bear population statewide.
WAC 232-28-297, the purpose of the proposal is to establish the 2015-2016, 2016-2017, and 2017-2018 cougar hunting seasons. The proposal establishes hunt areas and associated harvest guidelines for the entire state (except Columbia Basin and Puget Sound cougar management units). The harvest guideline represents a sustainable twelve to sixteen percent harvest rate for each hunt area. The anticipated effects to the cougar population are to maintain a stable population and to maintain an adequate age structure for cougar populations equally distributed across the state.
Reasons Supporting Proposal: WAC 232-28-286, spring bear opportunity is provided to address management needs rather than solely for the purpose of providing recreational opportunity. This is due to the public's sensitivity to hunting bears while adult females are accompanied by the young of the year. The department did not receive any requests for additional spring bear harvest to address the management needs listed above, except for additional bear harvest in northeastern and southwestern Washington to address local bear issues.
WAC 232-28-288, the parameters used as population indicators by the department to evaluate the impacts of hunting on the bear populations are with the acceptable range outlines in the game management plan. Therefore, no significant changes are recommended at this time.
WAC 232-28-297, recently published studies suggest that a twelve to sixteen percent harvest rate of a local cougar population is the maximum harvest rate that still has a high probability for maintaining a stable cougar population along with stable adult male territorial behavior. Harvest rates in excess of sixteen percent can result in declines in core populations of breeding females, and excessive male harvest rates result in the loss of adult male territorial behavioral [behavior], which acts as a regulatory mechanism for local male cougar numbers.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.150, and 77.12.240.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.150, and 77.12.240.
Rule is not necessitated by federal law, federal or state court decision.
Comments or Recommendations, If Any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: When filing the permanent rule-making order (CR-103P), the WAC sections containing rule amendments will be consolidated into two or three order typing service (OTS) documents.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resource[s] Building, (360) 902-2515; and Enforcement: Steven Crown, Natural Resource[s] Building, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply to recreational hunting and do not affect small business.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
February 2, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-11-078, filed 5/16/13, effective 6/16/13)
WAC 232-28-286 ((2013, 2014, and 2015)) 2016, 2017, and 2018 Spring black bear seasons and regulations.
It is unlawful to fail to comply with the provisions of this section. A violation of this section is punishable under RCW 77.15.410, 77.15.245, ((and)) or 77.15.280, depending on the circumstances of the violation.
Who May Apply: Anyone with a valid Washington big game license, which includes black bear as a species option.
Hunt Areas, Permit Levels, and Season Dates for Each License Year:
Bag Limit: One black bear per black bear special permit season.
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.
Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of dogs or bait to hunt black bear is prohibited statewide.
Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar located behind the canine tooth of the upper jaw.
AMENDATORY SECTION (Amending WSR 12-12-006, filed 5/23/12, effective 6/23/12)
WAC 232-28-288 ((2012-2014)) 2015-2017 Fall black bear hunting seasons and regulations.
It is unlawful to fail to comply with the provisions below. ((Violators may be punished)) A violation of this section is punishable under RCW 77.15.410, 77.15.245, ((and)) or 77.15.280 (1)(c).
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.
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.
AMENDATORY SECTION (Amending WSR 13-16-056, filed 8/1/13, effective 9/1/13)
WAC 232-28-297 ((2012-2013, 2013-2014, and 2014-2015)) 2015-2016, 2016-2017, and 2017-2018 Cougar hunting seasons and regulations.
(1) As used in this section and in the context of general cougar hunting seasons, "harvest guideline" means the estimated allowable harvest; the actual harvest may be less than or more than the harvest guideline.
(2) General cougar season is September 1 to April 30 of the following year. Season dates and harvest guidelines for each ((license year)) season:
(a) In hunt areas with a harvest guideline, ((the director may close)) the cougar late hunting season may close on or after January 1st in one or more GMUs if cougar harvest meets or exceeds the guideline.
(b) In hunt areas with a harvest guideline, starting January 1st, cougar hunters may hunt cougar from January 1st until the hunt area harvest guideline has been met ((and the director has closed the cougar late hunting season)), and the department has notified licensed cougar hunters by posting the hunt area closure on the departments web site and on the toll-free cougar hunting hotline, or ((March 31st)) April 30th, whichever occurs first.
(3) Harvest guideline system:
(a) All cougar killed by licensed hunters during the early and late hunting seasons, and seasons authorized under WAC 232-12-243 shall be counted toward the harvest guideline.
(b) Individual problem cougar will continue to be killed on an as-needed basis utilizing depredation permits, landowner kill permits, and WDFW depredation authority regardless of harvest guidelines.
(c) It is each cougar hunter's responsibility to verify if the cougar late hunting season is open or closed in hunt areas with a harvest guideline. Cougar hunters can verify if the season is open or closed by calling the toll-free cougar hunting hotline or visiting the department's web site.
(4) Cougar hunting season requirements and special restrictions.
(a) A valid big game hunting license which includes cougar as a species option is required to hunt cougar.
(b) The statewide bag limit is one (1) cougar per license year; excluding removals authorized under WAC 232-12-243. It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.
(c) The use of dogs to hunt cougar is prohibited; except by a commission authorized permit (WAC 232-12-243).
(d) Any person who takes a cougar must comply with the notification and sealing requirements in WAC 232-12-024.
(e) A special cougar permit is required to hunt cougar in GMU 485.
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