WSR 15-10-066 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-99—Filed May 1, 2015, 12:53 p.m., effective June 1, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 232-28-286 2016, 2017, and 2018 Spring black bear seasons and regulations, this rule making 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 2015-2017 Fall black bear hunting seasons and regulations, this rule making 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 2015-2016, 2016-2017, and 2017-2018 Cougar hunting seasons and regulations, this rule making establishes 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.
Citation of Existing Rules Affected by this Order: Amending WAC 232-28-286, 232-28-288, and 232-28-297.
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 15-04-085 on February 2, 2015.
Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-286, addition of superscript "d" to Hunt Name "Long Beach" in table displaying Hunt Areas, Permit Levels, and Season Dates for Each License Year. This change clarifies that the Long Beach area is a firearm restriction area.
Change superscript "b" from "Private lands; access is extremely limited; firearm restriction area. If you cannot secure access to private lands, do not apply for these hunts." to "Mostly private lands; access is extremely limited. Please secure access prior to applying for these hunts." In the table displaying Hunt Areas, Permit Levels, and Season Dates for Each License Year. This change clarifies that most of the hunt area is private lands and that hunters need to gain permission from landowners prior to hunting. Additionally, the change removes the firearm restriction area reference for the entire area because only GMU 684 (Long Beach) is a firearm restriction area.
Addition of superscript "d" to the bottom of table, reading "d Firearm restriction area." in the table displaying Hunt Areas, Permit Levels, and Season Dates for Each License Year. This change is needed because GMU 684 (Long Beach) is a firearm restriction area.
WAC 232-28-297, changed the harvest guideline in fourteen hunt areas as follows:
The purpose of the change was to increase the harvest guideline from twelve to sixteen percent of the cougar population (excluding kittens) to seventeen to twenty-one percent in hunt areas that overlap known wolf packs.
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 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:
a((Spring black bear hunting seasons under this area constitute a pilot program to reduce black bear damage to trees.)) Permits are valid for the license year they are issued.
b((Permits are valid for the license year they are issued.)) Mostly private lands; access is extremely limited. Please secure access prior to applying for these hunts.
cSpring black bear hunting seasons to reduce black bear damage to trees.
dFirearm restriction area.
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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