WSR 20-20-098
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed October 5, 2020, 1:25 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-17-109 on August 17, 2020.
Title of Rule and Other Identifying Information: WAC 220-415-080 2021 Spring black bear special permits.
Hearing Location(s): On December 3-5, 2020, at 8 a.m. 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: December 18, 2020.
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/DKDY6SD, by October 29, 2020.
Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2346, TTY 360-902-2207, email dolores.noyes@dfw.wa.gov, by November 26, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-415-080 2021 Spring black bear special permits, the purpose of the proposed amendments is to align the rules with the appropriate season dates; adjust permit numbers in areas where needed; adjust hunting areas where needed; and update harvest check, submitting biological samples and bear teeth requirements.
Adjusted the years for spring black bear special permit hunts beginning April 15-June 15, 2021. The title will be as follows: WAC 220-415-080 2021 Spring black bear special permits.
Removed Weyerhaeuser - Columbia Timber Lands from the North Skagit hunt.
Adjusted the number of permits.
Clarified the language for animal inspection.
Reasons Supporting Proposal: The change in title is editorial and clarifies the 2021 special permit hunts. The season date changes are intended to align all the spring seasons for consistency. The change to GMU 418 lets hunters know that Weyerhaeuser - Columbia Timber Lands are no longer part of this hunt boundary. The permit change in GMU 684 reflects the number of permits that the local biologist believes should be in place to deal with the conflict and maintain a viable bear population. The additional language related to the animal inspection is intended to clarify to hunters that the pelt and head must be unfrozen and that the evidence of sex must be attached. We further clarify that we will not be sealing the pelt and this is merely an inspection of the animal to collect biological information.
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; 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.
October 5, 2020
Ben Power
Interim Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-22-061, filed 11/5/19, effective 12/6/19)
WAC 220-415-080((2020))2021 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))15 - June 15
Kelly Hill
GMU 105 Note: Mandatory bear identification test required.
50
 
April ((1))15 - June 15
Douglas
GMU 108 Note: Mandatory bear identification test required.
40
 
April ((1))15 - June 15
Aladdin
GMU 111 Note: Mandatory bear identification test required.
50
 
April ((1))15 - June 15
49 Degrees North
GMU 117 Note: Mandatory bear identification test required.
100
 
April ((1))15 - June 15
Huckleberry
GMU 121
100
 
April ((1))15 - June 15
Blue Creek
GMU 154
18
 
April 15 - June 15
Dayton
GMU 162
18
 
April 15 - June 15
Tucannon
GMU 166
5
 
April 15 - June 15
Wenaha
GMU 169
60
 
April 15 - June 15
Mt. View
GMU 172
24
 
April 15 - June 15
Lick Creek
GMU 175
18
 
April 15 - June 15
Peola
GMU 178
5
 
April 15 - June 15
Couse
GMU 181
5
 
April 15 - June 15
Grande Ronde
GMU 186
5
 
April 15 - June 15
Kitsap
GMU 627
5
 
April 15 - ((May 31))June 15
Mason
GMU 633
5
 
April 15 - ((May 31))June 15
Bear River
GMU 681
20
 
April 15 - ((May 31))June 15
Long Beach
GMU 684
((12))10
 
April 15 - ((May 31))June 15
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, 648, and 638 (excluding U.S. Forest Service lands).
50
 
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 consistent with WAC 220-413-020, 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 unfrozen raw pelt, with evidence of sex attached, and the first premolar must be presented to an authorized department employee for ((sealing))inspection within 5 days of notification of kill. All permit hunters must comply with harvest reporting and submission of biological samples as described above. Failure to comply with the submission of biological samples is a misdemeanor pursuant to RCW 77.15.280.