WSR 17-13-132 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed June 21, 2017, 11:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-10-070 on May 3, 2017.
Title of Rule and Other Identifying Information: WAC 220-412-070 Big game and wild turkey auction, raffle, and special incentive permits, 220-413-200 Reducing the spread of hoof disease—Unlawful transport of elk hooves, and 220-415-080 2017 and 2018 Spring black bear seasons and regulations.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on Friday, August 4-5, 2017, at 8:00 a.m.
Date of Intended Adoption: On or after August 4, 2017.
Submit Written Comments to: Online https://www.surveymonkey.com/r/KQXJQTS, Wildlife Program, Attn: Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by July 12, 2017.
Assistance for Persons with Disabilities: Contact Tami Lininger by July 28, 2017, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-412-070 Big game and wild turkey auction, raffle, and special incentive permits, this rule codifies the locations, restrictions, and legal bag limit for auction, raffle and special incentive permits.
The proposal clarifies language on those auction and raffle tags that include elk hunting. The proposed language clarifies where the auction, raffle, and incentive permits can be used and which animals are legal for harvest.
WAC 220-413-200 Reducing the spread of hoof disease—Unlawful transport of elk hooves, this rule is an attempt to reduce the potential risk of inadvertently spreading the causative agents of treponeme associated hoof disease (TAHD) in elk.
New game management units (GMUs) are being proposed in which transport of elk hooves from harvested elk would be restricted. These new GMUs include 407, 418, 437, 633, and 636. The rule does allow, under certain circumstances, the legal transport of elk hooves coming from GMUs with TAHD to facilitate research by the department.
WAC 220-415-080 2017 and 2018 Spring black bear seasons and regulations, the proposal is intended to establish harvest guidelines for twenty-one spring bear hunts around the state during 2018. The proposal will: (1) Remove the 2017 season from the current rule; (2) extend the season ending date to June 15 for GMUs 154, 162, 166, 169, 172, 175, 181, and 186; and (3) remove the Monroe hunt area. The anticipated effects include mitigation of nuisance and damage activity while providing distributed recreational hunting opportunities within harvest management levels described in the 2015-2021 Game Management Plan.
Reasons Supporting Proposal: WAC 220-412-070 Big game and wild turkey auction, raffle, and special incentive permits, this proposed [proposal] clarifies where and how auction, raffle, and special incentive permits can be used which make them easier to understand for the users and also provides clarity to law enforcement.
WAC 220-413-200 Reducing the spread of hoof disease—Unlawful transport of elk hooves, this proposal adds GMUs where transport of elk hooves will be restricted in order to reduce the potential risk of the disease spreading.
WAC 220-415-080 2017 and 2018 Spring black bear seasons and regulations, spring bear seasons are typically used to address specific management needs such as nuisance and damage to property, and improve distribution of harvest. These amendments will remove a hunt area where the department no longer requires removals to mitigate damage because damage occurrences have diminished. Additionally, the amendments will extend season dates by fifteen days in areas where the department has determined there is a need to use hunting pressure to mitigate damage and improve distribution of harvest and further minimize confusion for those who are permitted to participate in Washington department of fish and wildlife's (WDFW) Region 1.
Statutory Authority for Adoption: RCW 77.04.012, 77.12.240, 77.04.055, 77.12.047, 77.12.150, 77.32.090, and 77.32.530.
Statute Being Implemented: RCW 77.04.012, 77.12.240, 77.04.055, 77.12.047, 77.12.150, 77.32.090, and 77.32.530.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, Natural Resources Building, (360) 902-2515; and Enforcement: Chris Anderson, Natural Resources Building, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes do not impact small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.
June 21, 2017
Scott Bird
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-10-076, filed 5/3/17, effective 6/3/17)
WAC 220-412-070 Big game and wild turkey auction, raffle, and special incentive permits.
AUCTION PERMITS
(1) BLACK-TAILED DEER AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to black-tailed deer hunting EXCEPT GMU 485 and those GMUs closed to black-tailed deer hunting by the fish and wildlife commission.
(c) Weapon type: Any legal weapon.
(d) Bag limit: One additional any buck black-tailed deer.
(e) Number of permit hunters selected: 1
(2) MULE DEER AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to mule deer hunting EXCEPT those GMUs closed to mule deer hunting by the fish and wildlife commission.
(c) Weapon type: Any legal weapon.
(d) Bag limit: One additional any buck mule deer.
(e) Number of permit hunters selected: 1
(3) WHITE-TAILED DEER AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to white-tailed deer hunting EXCEPT those GMUs closed to white-tailed deer hunting by the fish and wildlife commission.
(c) Weapon type: Any legal weapon.
(d) Bag limit: One additional any buck white-tailed deer.
(e) Number of permit hunters selected: 1
(4) THREE-DEER AUCTION PERMIT
(a) Bag limit: One additional any buck black-tailed deer, one additional any buck mule deer, and one additional any buck white-tailed deer; total harvest not to exceed three animals.
(b) Hunt Area: For black-tailed deer, those GMUs open to black-tailed deer hunting EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission. For mule deer, those GMUs open to mule deer hunting EXCEPT those GMUs closed to mule deer hunting by the fish and wildlife commission. For white-tailed deer, those GMUs open to white-tailed deer hunting EXCEPT those GMUs closed to white-tailed deer hunting by the fish and wildlife commission.
(c) Season dates: September 1 - December 31
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
(5) WESTSIDE ELK AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Western Washington EXCEPT GMU 485, those GMUs closed to elk hunting, and those GMUs not opened to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(c) Weapon type: Any legal weapon.
(d) Bag limit: One additional any bull elk.
(e) Number of permit hunters selected: 1
(6) EASTSIDE ELK AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Eastern Washington EXCEPT GMUs 157, 334, and those GMUs closed to elk hunting, and those GMUs not opened to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(c) Weapon type: Any legal weapon.
(d) Bag limit: One additional any bull elk.
(e) Number of permit hunters selected: 1
(7) CALIFORNIA BIGHORN SHEEP AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: The director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1.
(c) Weapon: Any legal weapon.
(d) Bag limit: One California bighorn ram.
(e) Number of permit hunters selected: 1
(8) MOOSE AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Any open moose unit, and hunt areas identified by the department before December 1 for the following year, and posted on the department's web site no later than January 1.
(c) Weapon: Any legal weapon.
(d) Bag limit: One moose of either sex.
(e) Number of permit hunters selected: 1
(9) MOUNTAIN GOAT AUCTION PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: The director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1.
(c) Weapon: Any legal weapon.
(d) Bag limit: One mountain goat of either sex.
(e) Number of permit hunters selected: 1
RAFFLE PERMITS
(10) BLACK-TAILED DEER RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to black-tailed deer hunting EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission.
(c) Weapon: Any legal weapon.
(d) Bag limit: One additional any buck black-tailed deer.
(e) Number of permit hunters selected: 1
(11) MULE DEER RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to mule deer hunting EXCEPT those GMUs closed to mule deer hunting by the fish and wildlife commission.
(c) Weapon: Any legal weapon.
(d) Bag limit: One additional any buck mule deer.
(e) Number of permit hunters selected: 1
(12) WHITE-TAILED DEER RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Those GMUs open to white-tailed deer hunting EXCEPT those GMUs closed to white-tailed deer hunting by the fish and wildlife commission.
(c) Weapon: Any legal weapon.
(d) Bag limit: One additional any buck white-tailed deer.
(e) Number of permit hunters selected: 1
(13) WESTSIDE ELK RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Western Washington EXCEPT GMU 485, those GMUs closed to elk hunting, and those GMUs not open to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(c) Weapon: Any legal weapon.
(d) Bag limit: One additional any bull elk.
(e) Number of permit hunters selected: 1
(14) EASTSIDE ELK RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Eastern Washington EXCEPT GMUs 157, 334, and those GMUs closed to elk hunting, and those GMUs not opened to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(c) Weapon: Any legal weapon.
(d) Bag limit: One additional any bull elk.
(e) Number of permit hunters selected: 1
(15) CALIFORNIA BIGHORN SHEEP RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: The director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1 except that sheep units in Walla Walla, Columbia, Garfield, Asotin, or Pend Oreille counties are not open.
(c) Weapon: Any legal weapon.
(d) Bag limit: One California bighorn ram.
(e) Number of permit hunters selected: 1
(16) MOOSE RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: Any open moose unit.
(c) Weapon: Any legal weapon.
(d) Bag limit: One moose of either sex.
(e) Number of permit hunters selected: 2
(17) MOUNTAIN GOAT RAFFLE PERMIT
(a) Season dates: September 1 - December 31
(b) Hunt Area: The director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1.
(c) Weapon: Any legal weapon.
(d) Bag limit: One mountain goat of either sex.
(e) Number of permit hunters selected: 1
(18) TURKEY RAFFLE PERMIT
(a) Season dates: April 1 - May 31 and September 1 - December 31
(b) Hunt Area: Statewide.
(c) Weapon: Archery or shotgun only.
(d) Bag limit: Three additional wild turkeys, but not to exceed more than one turkey in Western Washington or two turkeys in Eastern Washington.
(e) Number of permit hunters selected: 1
(19) ROCKY MOUNTAIN BIGHORN SHEEP RAFFLE PERMIT
(a) Bag limit: One Rocky Mountain bighorn ram.
(b) Hunt Area: GMUs 113, 172.
(c) Season dates: September 1 - December 31
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
(20) THREE-DEER RAFFLE PERMIT
(a) Bag limit: One additional any buck black-tailed deer, one additional any buck mule deer, and one additional any buck white-tailed deer; total harvest not to exceed three animals.
(b) Hunt Area: For black-tailed deer, those GMUs open to black-tailed deer hunting EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission. For mule deer, those GMUs open to mule deer hunting EXCEPT those GMUs closed to mule deer hunting by the fish and wildlife commission. For white-tailed deer, those GMUs open to white-tailed deer hunting EXCEPT those GMUs closed to white-tailed deer hunting by the fish and wildlife commission.
(c) Season dates: September 1 - December 31
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
(21) NORTHEAST WASHINGTON BIG GAME RAFFLE PERMIT
(a) Bag limit: Permit hunter may harvest three of six possible species. Species that may be harvested under this permit include: One additional any buck white-tailed deer, one additional any bull elk, one any bull moose, one additional any legal cougar, one additional any legal black bear, and one additional any legal turkey (gobbler and turkey with visible beard ONLY); total harvest not to exceed three animals.
(b) Hunt Area: GMUs 101-124.
(c) Season dates:
(i) September 1 - December 31 for white-tailed deer, elk, and moose.
(ii) April 15 - May 31 and September 1 - December 31 for black bear.
(iii) September 1 - March 31 for cougar. April 15 - May 31 for turkey.
(d) Weapon: Any legal weapon EXCEPT archery and shotgun only for turkey.
(e) Number of permit hunters selected: 1
(22) SOUTH-CENTRAL WASHINGTON BIG GAME RAFFLE PERMIT
(a) Bag limit: One additional any bull elk, one additional any buck deer, and one California bighorn sheep ram; total harvest not to exceed three animals.
(b) Hunt Area: For elk, any 300 or 500 series GMU EXCEPT GMU 334 and those GMUs closed to elk hunting and those GMUs not open to ((branch antlered)) bull elk hunting by the fish and wildlife commission. For deer, any 300 or 500 series GMU EXCEPT those GMUs closed to deer hunting by the fish and wildlife commission. For California bighorn sheep, the director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1. For bighorn sheep, any bighorn herd located south of U.S. Highway 2 in Chelan County and west of the Columbia River in Kittitas and Yakima counties.
(c) Season dates: September 1 - December 31
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
(23) SOUTHEAST WASHINGTON BIG GAME RAFFLE PERMIT
(a) Bag limit: Permit hunter may harvest four of five possible species. Species that may be harvested under this permit include: One additional any buck white-tailed deer, one additional any buck mule deer, one additional any bull elk, one additional any legal cougar, and one additional any legal black bear; total harvest not to exceed four animals.
(b) Hunt Area: GMUs 139-154 and 162-186.
(c) Season dates: September 1 - December 31 for white-tailed deer, mule deer, and elk. April 15 - June 15 and September 1 - December 31 for black bear. September 1 - March 31 for cougar
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
(24) NORTH-CENTRAL WASHINGTON BIG GAME RAFFLE PERMIT
(a) Bag limit: Permit hunter may harvest three of five possible species. Species that may be harvested under this permit include: One additional any buck white-tailed deer, one additional any buck mule deer, one any ram California bighorn sheep, one additional any legal cougar, and one additional any legal black bear; total harvest not to exceed three animals.
(b) Hunt Area: For white-tailed deer, mule deer, cougar, and black bear, any 200 series GMU EXCEPT those GMUs closed to deer hunting by the fish and wildlife commission. For California bighorn sheep, the director is authorized to select areas open for this hunt based on population objectives, harvest objectives, and recent harvest parameters as identified by the department. The selection of hunt areas will be made no later than December 1 for the following year, and will be posted on the department's web site no later than January 1 in Okanogan or Chelan counties north of US Highway 2.
(c) Season dates:
(i) September 1 - December 31 for white-tailed deer, mule deer, and California bighorn sheep.
(ii) April 15 - May 15 and September 1 - December 31 for black bear.
(iii) September 1 - March 31 for cougar.
(d) Weapon: Any legal weapon.
(e) Number of permit hunters selected: 1
SPECIAL INCENTIVE PERMITS
(25) WESTERN WASHINGTON ELK INCENTIVE PERMITS
(a) Hunt Area: Western Washington EXCEPT GMUs 418, 485, 522, and those GMUs closed to elk hunting or closed to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(b) Season dates: September 1 - December 31
(c) Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.
(d) Bag limit: One additional elk.
(e) Number of permit hunters selected: 2
(26) EASTERN WASHINGTON ELK INCENTIVE PERMITS
(a) Hunt Area: Eastern Washington EXCEPT GMUs 157, 334, and those GMUs closed to elk hunting or closed to ((branch antlered)) bull elk hunting by the fish and wildlife commission.
(b) Season dates: September 1 - December 31
(c) Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.
(d) Bag limit: One additional elk.
(e) Number of permit hunters selected: 2
(27) DEER INCENTIVE PERMITS
(a) Hunt Area: Statewide, for use in any area open to general or permit hunting seasons EXCEPT GMUs 157, 418, 485, 522, and those GMUs closed to deer hunting by the fish and wildlife commission.
(b) Season dates: September 1 - December 31
(c) Weapon: Any legal weapon, EXCEPT hunters must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons and any legal weapon at other times if there are no firearm restrictions.
(d) Bag limit: One additional any deer.
(e) Number of permit hunters selected: 5
PERMIT ISSUANCE PROCEDURE
(28) Auction permits: The director will select a conservation organization(s) to conduct annual auction(s). Selection of the conservation organizations will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey auctions shall be conducted consistent with WAC 220-412-060.
(29) Raffle permits: Raffle permits will be issued to individuals selected through a Washington department of fish and wildlife drawing or the director may select a conservation organization(s) to conduct annual raffles. Selection of a conservation organization will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey raffles shall be conducted consistent with WAC 220-412-040.
(30) Special incentive permits: Hunters will be entered into a drawing for special deer and elk incentive permits for prompt reporting of hunting activity in compliance with WAC 220-413-100.
(31) For permit hunts where the permittee may harvest multiple species, the permittee must select the species he/she wants to hunt within fourteen days of notification of being selected.
QUALIFICATIONS FOR PARTICIPATION AND REQUIREMENTS:
(32) Permittees shall contact the appropriate regional office of the department of fish and wildlife when entering the designated hunt area or entering the region to hunt outside the general season.
(33) The permittee may be accompanied by others; however, only the permittee is allowed to carry a legal weapon or harvest an animal.
(34) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.
(35) If requested by the department, the permittee is required to direct department officials to the site of the kill.
(36) The permit is valid during the hunting season dates for the year issued.
(37) The permittee will present the head and carcass of the bighorn sheep killed to any department office within seventy-two hours of date of kill.
(38) The permittee must abide by all local, state, and federal regulations including firearm restriction areas and area closures.
(39) Hunters awarded the special incentive permit will be required to send the appropriate license fee to the department of fish and wildlife headquarters in Olympia. The department will issue the license and transport tag and send it to the special incentive permit winner.
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-413-200 Reducing the spread of hoof disease—Unlawful transport of elk hooves.
(1) It is unlawful to transport the hooves of harvested elk beyond the site where the animal was killed in Game Management Units 407, 418, 437, 501 through 564, 633, 636 and 642 through 699, except when specifically authorized by the department or when acting as an agent of the department in the limited capacity of cooperating with research or management actions regarding hoof disease as directed by the department.
(2) Violation of this section is an infraction under RCW 77.15.160 Infractions.
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-415-080 ((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, 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.
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