[Filed August 30, 2019, 9:29 a.m.]

Preproposal statement of inquiry was filed as WSR 19-13-096 on June 19, 2019.

Title of Rule and Other Identifying Information: WAC 220-415-080 2019-2020 Spring black bear special permits.

Hearing Location(s): On October 18-19, 2019, at 8:00 a.m., at the Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501.

Date of Intended Adoption: November 1, 2019.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email wildthing@dfw.wa.gov, fax 360-902-2162, https://www.surveymonkey.com/r/GBQYXCN, by September 26, 2019.

Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2346, TTY 360-902-2207, email dolores.noyes@dfw.wa.gov, by October 1, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-415-080 2019-2020 Spring black bear special permits, the purpose of the proposed amendments are to align the rules with the appropriate season dates; increased permit numbers in areas where needed, open a new hunt area to address needs, and expand and improve upon information and biological samples collected from harvest bears through a pelt check (with evidence of animal sex included).

Added language to include a mandatory reporting of harvest within seventy-two hours of kill and mandatory pelt check, with evidence of sex, for sealing within five days of notification of kill. This is in addition to the submission of the first premolar.

Reasons Supporting Proposal: The change in title is editorial and clarifies the 2020 special permit hunts. Similarly, the edit to list GMU 648 prior to GMU 638 is to ensure hunters understand that the excluded forest service lands are located in GMU 638. The changes in permit numbers for GMUs 154, 162, 169, 172, and 175 are intended to further distribute bear harvest between fall and spring and to encourage harvest in areas where deemed appropriate. The department was requested to remove Kapowsin Hunt Area by the managing land owners. The Peola Hunt Area is being proposed because the department has recorded low numbers (often zero) of harvest in this area and determine it necessary to encourage hunter[s] to utilize this area of the Black Bear Management Unit so as to further distribute harvest. The intent of the mandatory check of harvested bears is to (a) improve harvest reporting, (b) improve the quality of the harvest data, and (c) provide a better understanding of the spring harvest. The pelt checks would be conducted similar to the cougar checks where a variety of staff would be able to conduct the check. The proposal provides a seventy-two hour period after harvest for the hunter to report and an additional five days after reporting to have the pelt checked by department staff. This process will allow for weekend harvests to be reported and/or pelt checking to occur during the following business week.


•	Adjusted years for spring black bear special permit hunts beginning April 2020 and commencing June 2020. The title will be as follows: WAC 220-415-080 2020 Spring black bear special permits.
•	Added language to adjust the numbers of permits offered in:


o	Blue Creek, Game Management Unit (GMU) 154 increased permits from 15 to 18.
o	Dayton, GMU 162 increased permits from 15 to 18.
o	Wenaha, GMU 169 increased permits [from] 45 to 60.
o	Mt. View, GMU 172 increased permits [from] 15 to 24.
o	Lick Creek, GMU 175 increased permits [from] 15 to 18.


•	Added a new hunt area: Peola, GMU 178 with five permits.
•	Remove Kapowsin hunt area.
•	Technical edit to list GMU 648 prior to GMU 638 under the Copalis Hunt Area to clarify that GMU 638 is where the United States Forest Service lands are excluded.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; and Enforcement: Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The rule proposal does not require a cost-benefit analysis.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

AMENDATORY SECTION(Amending WSR 18-11-061, filed 5/11/18, effective 6/11/18)

WAC 220-415-080((2019-2020))2020 Spring black bear special permits.

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:

Hunt Name	Hunt Area	Permits	Season Dates
Sherman	GMU 101 Note: Mandatory bear identification test required.	50	April 1 - June 15
Kelly Hill	GMU 105 Note: Mandatory bear identification test required.	50	April 1 - June 15
Douglas	GMU 108 Note: Mandatory bear identification test required.	40	April 1 - June 15
Aladdin	GMU 111 Note: Mandatory bear identification test required.	50	April 1 - June 15
49 Degrees North	GMU 117 Note: Mandatory bear identification test required.	100	April 1 - June 15
Huckleberry	GMU 121	100	April 1 - June 15
Blue Creek	GMU 154	((15))18	April 15 - June 15
Dayton	GMU 162	((15))18	April 15 - June 15
Tucannon	GMU 166	5	April 15 - June 15
Wenaha	GMU 169	((45))60	April 15 - June 15
Mt. View	GMU 172	((15))24	April 15 - June 15
Lick Creek	GMU 175	((15))18	April 15 - June 15
Peola	GMU 178	5	April 15 - June 15
Couse	GMU 181	((4))5	April 15 - June 15
Grande Ronde	GMU 186	5	April 15 - June 15
Kitsap	GMU 627	5	April 15 - May 31
Mason	GMU 633	5	April 15 - May 31
Bear River	GMU 681	20	April 15 - May 31
Long Beach	GMU 684	12	April 15 - May 31
North Skagit	That portion of GMU 418 that is designated as the hunt area by DNR, Sierra Pacific, Weyerhaeuser-Columbia Timber Lands, and Grandy Lake Timber company. Note: Mandatory bear identification test required.	30	April 15 - June 15
Copalis	GMU 642, ((638))648, and ((648))638 (excluding U.S. Forest Service lands).	50	April 15 - June 15
((Kapowsin	That portion of GMUs 653 and/or 654 that is designated as the hunt area by Hancock Forest Management, Hampton, and Olympic Resource Management.	150	April 15 - June 15))

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 apply for a spring black bear special permit. 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.

Other Requirements: Hunters that are selected to hunt in GMUs located in grizzly bear recovery areas, as identified by the department, must successfully complete the annual WDFW online bear identification test with a passing score (80% or higher) or carry proof that they have passed an equivalent test from another state. The WDFW test may be taken repeatedly until a passing score is achieved. All hunters must carry proof of passing a bear identification test while hunting in the GMUs identified by the department.

Harvest Check, Submitting Biological Samples and Bear Teeth:All successful bear hunters must validate (notch) their bear tag, notify the department within 72 hours of kill (excluding legal state holidays), provide the hunter's name, date and location of kill, and sex of animal. The raw pelt, evidence of sex, and the first premolar must be presented to an authorized department employee for sealing within 5 days of notification of kill. All permit hunters must comply with harvest reporting and submission of biological samples ((including the black bear premolar located behind the canine tooth of the upper jaw))as described above. Failure to comply with the submission of biological samples is a misdemeanor pursuant to RCW 77.15.280.