WSR 19-14-042
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-142—Filed June 27, 2019, 7:52 a.m., effective June 27, 2019, 7:52 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The proposal will amend existing rules affected by the passage of SB [ESSB] 5148 during the 2019 legislative session, allowing hunters to wear hunter orange and/or hunter pink when required.
Citation of Rules Affected by this Order: Amending WAC 220-414-080, 220-415-030 2019, 220-415-050 2018-2020, and 220-415-060.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, and 77.04.055.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: For the purpose of hunter safety, the commission has adopted rules determining the times and manner when a person hunting must wear fluorescent hunter orange clothing. This proposal will add the color fluorescent pink. A person hunting must wear either fluorescent orange or fluorescent pink clothing, or both, in order to meet a visible clothing requirement when hunting.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 27, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-414-08000AHunting—Hunter orange and hunter pink clothing requirements.
(1) It is unlawful to hunt upland birds or rabbits with a firearm, other than a muzzleloading firearm, during any upland game bird season unless the hunter is wearing fluorescent hunter orange and/or fluorescent hunter pink clothing.
(2) It is unlawful to hunt big game, except bear and cougar, with modern firearm equipment at any time in any manner unless the hunter is wearing fluorescent hunter orange and/or fluorescent hunter pink clothing.
(3) It is unlawful to hunt wildlife, except migratory birds, during those times and in those places open to taking of deer or elk during nonmaster hunter, modern firearm general seasons, unless the hunter is wearing fluorescent hunter orange and/or fluorescent hunter pink clothing.
(4) Wearing fluorescent hunter clothing means: A minimum of 400 square inches of fluorescent hunter orange and/or fluorescent hunter pink exterior clothing, worn above the waist and visible from all sides. A combination of both colors may be worn to meet the 400 square inches.
[NEW SECTION]
WAC 220-415-03000B2019 Deer special permits.
Hunter Education Instructor Incentive Permits
-
Special deer permits will be allocated through a random drawing to those hunter education instructors who qualify.
-
Permit hunters must use archery equipment during archery seasons, muzzleloader equipment or archery equipment during muzzleloader seasons, and any legal weapon during modern firearm seasons. Hunter orange and/or hunter pink is required during modern firearm seasons.
-
Except for online class incentive permits and chief instructor incentive permits, qualifying hunter education instructors must be certified and have been in active status for a minimum of three consecutive years, inclusive of the year prior to the permit drawing.
-
Permittees may purchase a second license for use with the permit hunt only.
 
Qualified hunter education instructors may only receive one incentive permit each year.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
[NEW SECTION]
WAC 220-415-05000A2018-2020 Elk general seasons and definitions.
Hunting Method: May use modern firearm, bow and arrow, crossbow, or muzzleloader, but only during modern firearm seasons.
Hunt Area
Elk Tag Area
Game Management Units (GMUs)
2018
Dates
2019
Dates
2020
Dates
Legal Elk
Eastern
Washington
EF
101, 105, 108, 111, 113, 117, 121, 204
Oct. 27 - Nov. 4
Oct. 26 - Nov. 3
Oct. 31 - Nov. 8
Any bull
 
 
145 through 154, 162 through 169, 172 (except Elk Area 1040), 175 through 186, 249, 336 through 368
Oct. 27 - Nov. 4
Oct. 26 - Nov. 3
Oct. 31 - Nov. 8
Spike bull
 
 
251, 328, 329, 334, 335
Oct. 27 - Nov. 4
Oct. 26 - Nov. 3
Oct. 31 - Nov. 8
True spike bull
 
 
Elk Area 3722*
Sept. 8-23
Sept. 7-22
Sept. 12-27
Antlerless only
 
 
124 through 142, 372, 382, 388
Oct. 27 - Nov. 4
Oct. 26 - Nov. 3
Oct. 31 - Nov. 8
Any elk
 
 
203, 209 through 248, 250, 254 through 290, 373, 379, 381
Oct. 27 - Nov. 15
Oct. 26 - Nov. 15
Oct. 31 - Nov. 15
Any elk
 
 
Master Hunters Only: 371, Elk Areas 3911 and 3912. Must wear hunter orange and/or hunter pink.
Aug. 1 - Jan. 20, 2019
Aug. 1 - Jan. 20, 2020
Aug. 1 - Jan. 20, 2021
Antlerless only
Late Archery General Elk Seasons
Eastern
Washington
EA
101, 105, 108, 117, 121, 204
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Any bull
 
 
124, 127, 373, 388
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Any elk
 
 
178
Nov. 20 - Dec. 8
Nov. 20 - Dec. 8
Nov. 20 - Dec. 8
Antlerless only
 
 
Elk Area 1010, 163
Dec. 9 - Jan. 30, 2019
Dec. 9 - Jan. 30, 2020
Dec. 9 - Jan. 30, 2021
Antlerless only
 
 
203, 209 through 248, 250, 254 through 290, 379, 381. Must wear hunter orange and/or hunter pink..
Oct. 27 - Nov. 15
Oct. 26 - Nov. 15
Oct. 31 - Nov. 15
Any elk
 
 
Master Hunters Only: 371, Elk Areas 3911 and 3912. Must wear hunter orange and/or hunter pink..
Aug. 1 - Jan. 20, 2019
Aug. 1 - Jan. 20, 2020
Aug. 1 - Jan. 20, 2021
Antlerless only
 
 
Master Hunters Only: 127, 130
Dec. 9-31
Dec. 9-31
Dec. 9-31
Antlerless only
 
 
328, 334, 335
Nov. 21 - Dec. 8
Nov. 27 - Dec. 8
Nov. 25 - Dec. 8
True spike bull or antlerless
 
 
336, 342, 346, 352, 364, Elk Area 3681
Nov. 21 - Dec. 8
Nov. 27 - Dec. 8
Nov. 25 - Dec. 8
Spike bull or antlerless
Late Muzzleloader General Elk Seasons
Eastern
Washington
EM
130 through 142
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Nov. 25 - Dec. 8
Any elk
 
 
203, 209 through 248, 250, 254 through 290, 373, 379, 381. Must wear hunter orange and/or hunter pink.
Oct. 27 - Nov. 15
Oct. 26 - Nov. 15
Oct. 31 - Nov. 15
Any elk
 
 
Master Hunters Only: 371, Elk Areas 3911 and 3912. Must wear hunter orange and/or hunter pink.
Aug. 1 - Jan. 20, 2019
Aug. 1 - Jan. 20, 2020
Aug. 1 - Jan. 20, 2021
Antlerless only
 
 
Master Hunters Only: 127, 130
Dec. 9-31
Dec. 9-31
Dec. 9-31
Antlerless only
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
[NEW SECTION]
WAC 220-415-06000A2019 Elk special permits.
Hunter Education Instructor Incentive Permits
–
Special elk permits will be allocated through a random drawing to those hunter education instructors who qualify.
–
Permit hunters must use archery equipment during archery seasons, muzzleloader equipment or archery equipment during muzzleloader seasons, and any legal weapon during modern firearm seasons. Hunter orange and/or hunter pink is required during modern firearm seasons.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.