WSR 15-10-061 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-100—Filed May 1, 2015, 9:30 a.m., effective June 1, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 232-12-055 Hunting—Hunter orange clothing requirements, this rule making clarifies the hunter orange requirement in regards to master hunters. The rule change will increase safety by ensuring all master hunters wear hunter orange during all hunts that allow the use of modern firearms.
WAC 220-55-174 Reduced rate combination elk general licenses, this rule making provides master hunters with an incentive to participate in hunts such as the early 3911 hunt to help in addressing elk damage. This rule was modified in 2014 to provide a discounted elk license to master hunters who purchase a second elk tag for special permit hunts, but did not allow this incentive for Area 3911. This rule change allows the incentive to apply to this area.
WAC 232-28-294 Multiple season big game permits, this rule making provides more opportunity for hunters who were not drawn for a multiple season big game permit to purchase a leftover permit earlier in the year. This change will allow more time for those who were not drawn to have the opportunity to utilize the permit and extend their season.
Citation of Existing Rules Affected by this Order: Amending WAC 220-55-174, 232-12-055, and 232-28-294.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.150, and 77.12.240.
Adopted under notice filed as WSR 15-04-088 on February 2, 2015.
Changes Other than Editing from Proposed to Adopted Version: WAC 220-55-174, under subsection (1)(a), the language is changed from "Master hunters must purchase a master hunter elk tag to participate in both special permit and general season master hunter hunts" to "Master hunters must purchase a master hunter second elk transport tag to participate in a master hunter special permit hunt. Master hunters must purchase a master hunter elk area 3911 second elk transport tag to participate in the early elk area 3911 master hunter general season hunt."
WAC 232-28-294, language in subsection (3)(d) was amended to read: "Permits not purchased by successful applicants prior to August 1st may be sold at the discretion of the department on a first-come, first-served basis."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 3, 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: April 10, 2015.
Brad Smith, Chair
Fish and Wildlife Commission
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 second elk transport tag ((as authorized and conditioned by the commission to harvest a second elk)) to participate in a master hunter special permit hunt. Master hunters must purchase a master hunter elk area 3911 second elk transport tag to participate in the early elk area 3911 master hunter general season hunt. 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 prior to 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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