WSR 15-14-123 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed July 1, 2015, 10:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-10-088 on May 5, 2015.
Title of Rule and Other Identifying Information: Amendments to the migratory waterfowl seasons and regulations for the 2015-2016 hunting season: WAC 232-12-289 Official hunting hours for game birds—Migratory game birds, upland birds, and wild turkeys, 232-16-790 Hayton Game Reserve (Skagit County), and 232-28-436 2014-2015 Migratory waterfowl seasons and regulations.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on August 7-8, 2015, at 8:00 a.m.
Date of Intended Adoption: On or after August 7, 2015.
Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by July 25, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by July 24, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide hunting opportunity and agricultural damage control consistent with the status of waterfowl species, and establish waterfowl hunting seasons for 2015-2016 within frameworks established by the United States Fish and Wildlife Service. The department also proposes repealing WAC 232-16-790 Hayton Game Reserve, because a prior agreement with owner of the reserve is no longer in effect.
Reasons Supporting Proposal: These proposed amendments to migratory waterfowl seasons and regulations provide recreational activity while ensuring resource conservation.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.32.070.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, and 77.32.070.
Rule is necessary because of federal law, C.F.R. Title 50, Part 20; Migratory Bird Treaty Act.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resources Building, Olympia, (360) 902-2515; and Enforcement: Steven Crown, Natural Resources Building, Olympia, (360) 902-2936.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not directly regulate small business.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal is not related to hydraulics rules.
July 1, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-02-043, filed 12/21/12, effective 1/21/13)
WAC 232-12-289 Official hunting hours for game birds—Migratory game birds, upland birds, and wild turkeys.
(1) A person may hunt for migratory game birds (duck, goose, coot, snipe, mourning dove, and band-tailed pigeon); upland birds (pheasant, quail, partridge); and turkey during established seasons. The tables below in subsections (((4))) (3) through (9) of this section contain((s)) the legal hunting hours for migratory game birds, upland birds, and wild turkeys. For leap years (2016, 2020, 2024, 2028, etc.), dates after February 28 are shown in parentheses.
(2) Exceptions to legal hunting hours for migratory game birds((.)), upland birds, and wild turkeys:
(a) Western Washington - Pheasant and quail hunting hours are 8:00 a.m. to 4:00 p.m. in all areas.
(b) Clark (((except areas south of the Washougal River))), Cowlitz, Grays Harbor, Pacific, and Wahkiakum counties - Goose hunting hours ((are 8:00 a.m. to 4:00 p.m., except that during the September goose season the hunting hours are 1/2 hour before sunrise to sunset; and during the late goose season, the hunting hours are 7:00 a.m. to 4:00 p.m.)) during October through March are 30 minutes after the start of official hunting hours to 30 minutes before the end of official hunting hours.
(c) Hunting hours for falconry seasons (except migratory game bird seasons) are exempt from the hunting hours in subsection (3) of this section, except on designated pheasant release sites.
(3) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON SUNDAY
(4) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON MONDAY
(5) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON TUESDAY
(6) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON WEDNESDAY
(7) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON THURSDAY
(8) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON FRIDAY
(9) OFFICIAL HUNTING HOURS
WHEN THE SEPTEMBER 1 - ((JANUARY 31)) MARCH 11 PERIOD BEGINS ON SATURDAY
AMENDATORY SECTION (Amending WSR 14-17-081, filed 8/18/14, effective 9/18/14)
WAC 232-28-436 ((2014-))2015-2016 Migratory waterfowl seasons and regulations.
DUCKS
Statewide: Oct. ((11-15, 2014 and Oct. 18, 2014 - Jan. 25, 2015)) 17-21, 2015 and Oct. 24, 2015 - Jan. 31, 2016; except scaup season closed Oct. ((11-31, 2014)) 17 - Nov. 6, 2015.
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. ((20-21, 2014)) 19-20, 2015.
Daily Bag Limit: 7 ducks, to include not more than 2 hen mallard, 2 pintail, 3 scaup, 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 for Regular Season: 21 ducks, to include not more than 6 hen mallard, 6 pintail, 9 scaup, 3 canvasback, and 6 redhead statewide; and to include not more than 1 harlequin, 6 scoter, 6 long-tailed duck, and 6 goldeneye in Western Washington.
Possession Limit for Youth Hunting Weekend: 14 ducks, to include not more than 4 hen mallard, 4 pintail, 6 scaup, 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 ((2014-15)) 2015-16 hunting authorization and harvest record card for sea ducks when hunting harlequin, scoter, long-tailed duck, and goldeneye in Western Washington. A hunter who has not previously possessed a sea duck harvest report 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: 75 coots.
SNIPE
Same areas, dates (except youth hunting weekend), and shooting hours as the general duck season.
Daily Bag Limit: 8 snipe.
Possession Limit: 24 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. ((20-21, 2014)) 19-20, 2015, 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. ((11, 2014 - Jan. 25, 2015)) 17, 2015 - Jan. 31, 2016 for snow, Ross', and blue geese. Oct. ((11-23, 2014 and Nov. 1, 2014 - Jan. 25, 2015)) 17-29, 2015 and Nov. 7, 2015 - Jan. 31, 2016 for other geese (except brant).
Daily Bag Limit: 4 geese.
Possession Limit: 12 geese.
AUTHORIZATION AND HARVEST RECORD CARD REQUIRED TO HUNT SNOW GEESE
Hunters must possess a special ((2014-15)) 2015-16 migratory bird hunting authorization and harvest record card for snow geese when hunting snow, Ross', and blue geese in Goose Management Area 1. A hunter who has not previously possessed a snow goose harvest report card must submit an application form to Washington state department of fish and wildlife (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.
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
Clark, 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.)) 30 minutes after the start of official hunting hours to 30 minutes before the end of official hunting hours, Saturdays, Sundays, and Wednesdays only, ((Nov. 8-30, 2014 and Dec. 10, 2014 - Jan. 25, 2015)) Nov. 14, 2015 - Dec. 6, 2015; Dec. 16, 2015 - Jan. 31, 2016; and Feb. 10, 2016 - Mar. 9, 2016. During Feb. 10, 2016 - Mar. 9, 2016, public lands are closed to goose hunting in Goose Management Area 2A. Ridgefield NWR open from ((8:00 a.m. to 4:00 p.m.)) 30 minutes after the start of official hunting hours to 30 minutes before the end of official hunting hours, Tuesdays, Thursdays, and Saturdays only, Nov. ((8-29, 2014 and Dec. 11, 2014 - Jan. 24, 2015; except closed Nov. 11, Nov. 27, and Dec. 25, 2014; and Jan. 1, 2015)) 14, 2015 – Dec. 5, 2015; and Dec. 17, 2015 – Jan. 30, 2016.
Bag Limits for Goose Management Area 2A:
Daily Bag Limit: 4 geese, ((to include not more than 1)) except for dusky Canada ((goose)) geese.
Possession Limit: 12 geese, ((to include not more than 1)) except for dusky Canada ((goose)) geese.
((Season Limit: 1)) Dusky Canada ((goose)) geese: SEASON CLOSED.
Goose Management Area 2B
((Pacific County: Open from 8:00 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 11-25, 2014 and Nov. 1, 2014 - Jan. 17, 2015.)) Grays Harbor and Pacific County: Open from 30 minutes after the start of official hunting hours to 30 minutes before the end of official hunting hours, Saturdays, Sundays, and Wednesdays only, Oct. 17-25, 2015; Nov. 14, 2015 - Jan. 10, 2016; and Feb. 14, 2016 - Mar. 9, 2016. During Feb. 14, 2016 - Mar. 9, 2016, public lands are closed to goose hunting in Goose Management Area 2B.
Bag Limits for Goose Management Area 2B:
Daily Bag Limit: 4 geese, ((to include not more than 1)) except for dusky Canada ((goose, and 1 Aleutian goose)) geese.
Possession Limit: 12 geese, ((to include not more than 1)) except for dusky Canada ((goose, and 3 Aleutian)) geese.
((Season Limit: 1)) Dusky Canada ((goose)) geese: SEASON CLOSED.
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 80 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 80 duskys, to be distributed 15 for Zone 1 (Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the Kalama River); 20 for Zone 3 (Clark County except Ridgefield NWR); 10 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 10 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 valid special ((2014-15)) 2015-16 migratory bird hunting authorization ((and harvest record card)) for Goose Management Area 2A/2B when hunting geese in Goose Management Areas 2A and 2B. ((New hunters and those who did not maintain a valid 2013-14 authorization)) All hunters 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)) If a hunter takes a dusky Canada goose, 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 special 2014-15 migratory bird hunting authorization for Goose Management Area 2A/2B and daily goose 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. 4 - Mar. 8, 2015.
Daily Bag Limit: 4 geese, to include not more than 1 dusky Canada goose.
Possession Limit: 12 geese, to include not more than 1 dusky Canada goose.
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 85 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. ((11-23, 2014 and Nov. 1, 2014 - Jan. 25, 2015)) 17-29, 2015 and Nov. 7, 2015 - Jan. 31, 2016.
Daily Bag Limit: 4 geese.
Possession Limit: 12 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. ((11, 2014 - Jan. 18, 2015; Nov. 11, 27, and 28, 2014; Dec. 25, 26, 29, and 30, 2014; Jan. 1, 2015; and every day Jan. 19-25, 2015)) 17, 2015 - Jan. 24, 2016; Nov. 11, 26, and 27, 2015; Dec. 25, 28, 29, and 31, 2015; Jan. 1 and 18, 2016; and every day Jan. 25-31, 2016.
Goose Management Area 5
Includes all parts of Eastern Washington not included in Goose Management Area 4: Oct. ((11-13, 2014)) 17-19, 2015 and every day from Oct. ((18, 2014 - Jan. 25, 2015)) 24, 2015 - Jan. 31, 2016.
Bag Limits for all Eastern Washington Goose Management Areas:
Daily Bag Limit: 4 geese.
Possession Limit: 12 geese.
BRANT
Open in Skagit County only on the following dates: Jan. 9, 10, ((11, 14, 17, 18, 21, 24, and 25, 2015)) 13, 16, 17, 20, 23, and 24, 2016.
If the 2015-16 preseason brant population in Skagit County is 3,000-6,000 (as determined by the midwinter waterfowl survey), the brant season in Skagit County will be open only on the following dates: Jan. 9, 13, and 16, 2016.
If the ((2014-15)) 2015-16 preseason brant population in Skagit County is below ((6,000)) 3,000 (as determined by the midwinter waterfowl survey), the brant season in Skagit County will be canceled.
Open in Pacific County only on the following dates: Jan. 2, 3, ((4, 6, 8, 10, 11, 13, 15, 17, and 18, 2015)) 5, 7, 9, 10, 12, 14, 16, and 17, 2016.
AUTHORIZATION AND HARVEST RECORD CARD REQUIRED TO HUNT BRANT
Hunters must possess a special ((2014-15)) 2015-16 migratory bird hunting authorization and harvest record card for brant when hunting brant. A hunter who has not previously possessed a brant harvest report card must submit an application form to Washington state department of fish and wildlife (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: 6 brant.
SWANS
Season closed statewide.
((MANDATORY REPORTING FOR MIGRATORY BIRD HARVEST RECORD CARDS
Hunters must report 2014-15 harvest information from band-tailed pigeon harvest record cards to WDFW by Sept. 30, 2014, and harvest information from brant, sea duck, and snow goose harvest record cards to WDFW by Feb. 15, 2015. 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 2014-15 will be required to pay a $10 administrative fee before any new 2015-16 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, AND GEESE (EXCEPT BRANT) (Falconry)
(((Bag limits include geese and mourning doves.)
Oct. 11-15, 2014 and Oct. 18, 2014 - Jan. 25, 2015 statewide; except scaup season closed Oct. 11-31, 2014.)) Same season dates for each species in each area as listed above.
Daily Bag Limit: 3, straight or mixed bag ((with)), including ducks, coots, snipe, geese, and mourning doves during established seasons.
((Possession Limit: 9, 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. 11, 2014 - Jan. 25, 2015 for snow, Ross', or blue geese. Oct. 11-23, 2014 and Nov. 1, 2014 - Jan. 25, 2015 for other geese.
Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2014 and Dec. 3, 2014 - Jan. 25, 2015.
Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 11-25, 2014 and Nov. 1, 2014 - Jan. 17, 2015.
Goose Management Areas 3, 4, and 5: Oct. 11-12, 2014 and Nov. 1, 2014 - Jan. 25, 2015.
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: 9 geese (except brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.))
REPEALER
The following section of the Washington Administrative Code is repealed:
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