WSR 15-04-088 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed February 2, 2015, 1:54 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 232-12-055 Hunting—Hunter orange clothing requirements, 220-55-174 Reduced rate combination elk general licenses, and 232-28-294 Multiple season big game permits.
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 232-12-055, the purpose of the proposal is to provide definitive regulatory clarity to the hunter orange requirement in the hunting regulations relative to master hunters.
The hunting regulations pamphlet states that fluorescent hunter orange clothing is required to be worn by anyone hunting deer or elk in a modern firearm deer or elk general season, and also by anyone hunting in an area that is open for modern firearm deer or elk when hunting specific species, including deer or elk. The pamphlet also contains footnotes and hunt notes that require master hunters to wear hunter orange during deer and elk special permit seasons.
However, there is confusion about if and when master hunters are required to wear hunter orange, relative to factors such as if and when master hunters are hunting in an area that overlaps with modern firearm seasons, whether the master hunter is hunting during a special permit or a master hunter general season hunt (i.e., Elk Area 3911, 3912), etc.
The existing rules address the hunter orange requirement, but not specifically for master hunters. The effect of the rule proposal would be to increase safety by ensuring all master hunters wear hunter orange during all hunts that allow the use of modern firearms.
WAC 220-55-174, the purpose of the proposal is to provide a reduced license fee to master hunters who participate in general master hunter elk seasons.
WAC 220-55-174 was modified in 2014 to provide a discounted elk license to master hunters who purchase a second elk tag for special permit hunts. However, because master hunter hunts for some elk areas (e.g., Elk Area 3911) are general master hunter hunts, the reduced price could not be provided as intended.
The proposal will provide master hunters with an incentive to participate in hunts such as the early 3911 hunt, at a time when it can be difficult to provide address elk damage.
WAC 232-28-294, the purpose of the proposed changes will allow more hunters to purchase the multiple season big game permits. Changing the purchase deadline from September 1 to August 1 will allow time for those that were not drawn to purchase the permit. Adding subsection (3)(d) gives the department the flexibility to allow hunters the ability to buy leftover permits. This in turn should boost revenues and decrease staff time with regards to a secondary drawing and mailing.
Reasons Supporting Proposal: WAC 232-12-055, there is confusion about if and when master hunters are required to wear hunter orange, relative to factors such as if and when master hunters are hunting in an area that overlaps with modern firearm seasons, whether the master hunter is hunting during a special permit or a general season master hunter hunt (i.e., Elk Area 3911, 3912), etc.
The proposal would clarify that master hunters are required to wear hunter orange when hunting during any season that allows the use of modern firearms. The proposal would ensure master hunters are consistent with the general hunting population relative to hunter orange requirements, and are thus visible to other hunters.
WAC 220-55-174, incentivizing master hunters to help the agency address elk damage issues in areas such as Elk Area 3911 is critical to building and maintaining relationships with landowners experiencing damage.
WAC 232-28-294, the reason for changing the deadline to August 1 is to allow more opportunity for hunters to extend their season by purchasing a multiseason permit. By allowing for the earlier deadline, hunters who get the permit will have a longer window of time to make hunting season plans and scout favorite hunting areas. Also by allowing the permits to be sold on a first-come, first-served basis, it would decrease staff time and resources that have historically been used on second mailings or notifications.
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.
Agency 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 14-10-019, filed 4/25/14, effective 5/26/14)
WAC 220-55-174 Reduced rate combination elk general licenses.
(1) There is hereby created combination elk hunting licenses that allow the holder to hunt elk for the purposes described below. A person purchasing any big game license that includes elk may purchase a reduced rate combination as follows:
(a) ((If a hunter is drawn for a special permit in the master hunter elk category, they)) Master hunters must purchase a master hunter elk tag ((as authorized and conditioned by the commission to harvest a second elk)) to participate in both special permit and general season master hunter hunts. A master hunter in good standing must also purchase a master hunter elk tag in order to utilize a damage prevention or kill permit authorized and conditioned by the department. The fee for this combined license is forty dollars less than the sum of the big game license containing elk and the master hunter second elk tag.
(b) If a hunter is issued a damage prevention or kill permit authorized and conditioned by the department, the hunter must purchase a damage elk tag. The fee for this combined license is forty dollars less than the sum of the big game license containing elk and the damage elk second tag.
(2)(a) It is unlawful to possess a second elk transport tag except as authorized by this section.
(b) Violation of this subsection is punishable under RCW 77.15.410, Unlawful hunting of big game—Penalty.
AMENDATORY SECTION (Amending WSR 09-09-083, filed 4/15/09, effective 5/16/09)
WAC 232-12-055 Hunting—Hunter orange clothing requirements.
(1) Except as authorized in subsection (((5))) (6) of this section, it is unlawful to hunt upland birds or rabbits during any upland game bird season unless the hunter is wearing fluorescent hunter orange clothing.
(2) It is unlawful to hunt deer or elk during all modern firearm general seasons in any manner unless the hunter is wearing fluorescent hunter orange clothing.
(3) All modern firearm permit holders must wear fluorescent hunter orange clothing.
(4) All master hunters must wear fluorescent hunter orange clothing during all deer and elk hunting seasons that allow the use of modern firearms, except as authorized by department permit.
(5) It is unlawful to hunt bear, cougar, bobcat, raccoon, fox, coyote, rabbit, forest grouse or hare during those times and in those places open to the taking of deer or elk during a modern firearm season, unless the hunter is wearing fluorescent hunter orange clothing.
(((5))) (6) Persons who are hunting upland game birds during an upland game bird season with a muzzleloading firearm, bow and arrow or falconry are not required to wear fluorescent hunter orange clothing.
(((6))) (7) Wearing fluorescent hunter orange clothing means: A minimum of 400 square inches of fluorescent hunter orange exterior clothing, worn above the waist and visible from all sides.
AMENDATORY SECTION (Amending WSR 12-06-008, filed 2/24/12, effective 3/26/12)
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 application has been 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 at any time prior to ((September)) August 1st.
(c) The permits are not transferable.
(d) Permits not purchased by successful applicants by August 1st may be sold at the discretion of the department on a first-come, first-served basis.
(4) Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.
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