[Filed June 16, 2020, 2:55 p.m.]

Preproposal statement of inquiry was filed as WSR 20-09-056 on April 9, 2020.

Title of Rule and Other Identifying Information: The department is considering amendments to WAC 220-412-110 Hunting contests, and 220-413-060 Hunting restrictions.

Hearing Location(s): On July 31-August 1, 2020, at 8 a.m., online webinar.

This meeting will take place by webinar. The public may participate in the meeting. Visit our website at http://wdfw.wa.gov/about/commisssion/meetings or contact the commission office at 360-902-2267 or commission@dfw.wa.gov for instructions on how to join the meeting.

Date of Intended Adoption: August 21, 2020.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2162, https://www.surveymonkey.com/r/July2020FWC.

Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2349, TTY 360-902-2207, email dolores.noyes@dfw.wa.gov, by July 14, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There are two proposals related to hunting contests. Presently, an individual wishing to conduct a hunting contest must obtain a permit from the department. The first proposed rule amendment prohibits the department from issuing hunting contest permits for hunting contests involving classified and unclassified wildlife species that do not have bag limits. The purpose of this proposal is to prohibit "spree killing contests" which promote killing large numbers of those species.

Under current law, only the sponsor of an unpermitted contest commits a natural resources infraction. The second proposal makes it illegal for an individual to participate in a hunting contest that is not permitted by the department and specifies that doing so would be punishable as an infraction. The purpose of this proposal is to ensure that individual participants who participate in unpermitted contests are held accountable for participating in unlawful activity.

Reasons Supporting Proposal: Hunting contest permits are issued to nonprofit organizations. Through the hunting contest permit, organizations may hold a hunting contest whereby a monetary prize of up to $2,000 may be offered to the contest participant who harvests the most animals.

The fish and wildlife commission has determined that hunting contests that encourage and reward killing large numbers of native wildlife are not consistent with sound wildlife management principles. The Washington department of fish and wildlife (WDFW) is addressing that concern through this proposed rule amendment. Under this new prohibition, for example, WDFW would no longer issue permits for contests that reward hunters for killing the highest number of coyotes.

Applying accountability measures at the level of the individual participant and clearly stating that there could be a monetary penalty imposed on an individual who is in violation of this rule helps strengthen the enforceability of these rules, thus increasing the likelihood of achieving the objective of the first proposal.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.050, and 77.32.525.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.050, and 77.32.525.

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

Name of Proponent: WDFD, 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. A cost-benefit analysis is not required for this rule under RCW 34.05.328.

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(4). This chapter does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses.

Explanation of exemptions: WAC 220-412-110 regulates the activities of hunting contest permit holders, which as specified in WAC 220-412-110, may be held by nonprofit organizations; therefore, this rule does not affect small businesses.

Similarly, WAC 220-413-060 regulates the activities of an individual person who is participating in a hunting contest; therefore, this rule does not affect small businesses.

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-412-110Hunting contests.

A person wishing to hold a hunting contest must comply with the following provisions:

(1) Only organizations filed with the state of Washington as a nonprofit corporation may apply for a hunting contest permit.

(2) Hunting contest permit applications shall be submitted to the department 30 days prior to the date for which the contest is proposed.

(3) Applications must include the permit fee required by ((RCW 77.32.211))the department. The fee will be returned if the permit is denied.

(4) Contests ((are restricted to the species approved on the permit))involving unclassified and classified wildlife species without a bag limit are prohibited and will not be permitted.

(5) Total value of prizes per contest shall not exceed $2000.

(6) Entry fees or requests for donations are prohibited.

(7) It is unlawful to fail to comply with the conditions of a hunting contest permit.

Hunting contests which may adversely affect wildlife resources will be denied.

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-413-060Hunting restrictions.

(1) It is unlawful to hunt wildlife during any modern firearm deer or elk season with any firearm 240 caliber or larger, or containing slugs or buckshot, unless the hunter has a valid license, permits and tags for modern firearm deer or elk seasons are in his or her possession.

(a) This subsection does not apply to people hunting bear, cougar, mountain goat, mountain sheep, or turkey.

(b) A violation of this subsection is punishable under RCW 77.15.410 or 77.15.430, depending on the circumstances of the violation.

(2)(a) It is unlawful to hunt any wildlife at night or wild animals, except rabbits and hares, with dogs (hounds) during the month of October or November during the dates established for eastern and western Washington modern firearm deer or elk general seasons. During the modern firearm deer and elk general seasons the hunting hours are one-half hour before sunrise to one-half hour after sunset. A violation of this subsection is punishable under RCW 77.15.430, Unlawful hunting of wild animals—Penalty.

(b) It is unlawful to use hounds to hunt black bear, cougar (EXCEPT as pursuant to RCW 77.15.245), coyote, and bobcat year-round. A violation of this subsection is punishable under RCW 77.15.410, Unlawful hunting of big game—Penalty, or RCW 77.15.430, depending on the circumstances of the violation.

(3) It is unlawful to participate in a hunting contest for which no permit has been issued by the department. A violation of this subsection is punishable as an infraction under RCW 77.15.160 (6)(b).