[Filed August 30, 2021, 1:54 p.m.]

Preproposal statement of inquiry was filed as WSR 21-13-118 on June 21, 2021.

Title of Rule and Other Identifying Information: WAC 220-415-080 2022 Spring black bear special permits.

Hearing Location(s): On October 22-23, 2021, at 8:00 a.m., webinar. This meeting of the fish and wildlife commission will take place by webinar. See https://wdfw.wa.gov/about/commission 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: November 19, 2021.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email 2020SpringBear@PublicInput.com, fax 360-902-2162, https://publicinput.com/2020SpringBear, by October 21, 2021.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 711, email Title6@dfw.wa.gov, by October 21, 2021.

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 carry forward a long-standing recreational hunting opportunity to address bear management by continuing to use recreational hunting under a spring bear special permit in 2022; the purpose and anticipated effect of the amendments is to continue geographically focused spring hunting of black bear in areas where the Washington department of fish and wildlife (WDFW) have observed ongoing human-bear conflicts, low fall harvest results, commercial timber damage, or concerns for ungulate species recruitment. This amendment will also make minor modifications to harvest and inspection procedures. These amendments will provide a limited hunting opportunity to approximately 664 hunters who receive permits and WDFW anticipates approximately 145 black bears would be harvested through this limited permit hunting opportunity.

Reasons Supporting Proposal: A central part of WDFW's legislative mandate is to provide sustainable recreational hunting opportunity. Spring bear special permit hunts are one of a very limited number spring hunting opportunities and there is very strong interest from hunters for the limited spring bear hunting permits. The title change identifies that spring black bear special permit hunts will be held in 2022. The reduction in permit numbers for hunt unit 684 (from 10 to six) will reduce crowding in accessible areas of mostly private land. The edits to the language related to animal inspection will clarify to hunters the components necessary for harvest check and inspection. The revised language clearly states that the pelt and head must be unfrozen and that evidence of sex and the head must be attached to the pelt. Further the proposed edits would assist WDFW staff's implementation of the rule by adding a requirement that a successful hunter schedule an inspection with WDFW staff within 72 hours of the harvest.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.

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, 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. This proposal does not require a cost-benefit analysis 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).

Explanation of exemptions: The proposed rule is for recreational hunting opportunity and does not affect small businesses.

AMENDATORY SECTION(Amending WSR 21-02-015, filed 12/28/20, effective 1/28/21)

WAC 220-415-080((2021))2022 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 15 - June 15
Kelly Hill	GMU 105 Note: Mandatory bear identification test required.	50	April 15 - June 15
Douglas	GMU 108 Note: Mandatory bear identification test required.	40	April 15 - June 15
Aladdin	GMU 111 Note: Mandatory bear identification test required.	50	April 15 - June 15
49 Degrees North	GMU 117 Note: Mandatory bear identification test required.	100	April 15 - June 15
Huckleberry	GMU 121	100	April 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 - June 15
Mason	GMU 633	5	April 15 - June 15
Bear River	GMU 681	20	April 15 - June 15
Long Beach	GMU 684	((10))6	April 15 - June 15
North Skagit	That portion of GMU 418 that is designated as the hunt area by DNR, Sierra Pacific, 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))and Inspection: All successful bear hunters must validate (notch) their bear tag consistent with WAC 220-413-020((,)). All successful bear hunters must 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))and schedule their inspection. The unfrozen raw pelt, with evidence of sex and skull attached((, and the first premolar)) must be presented to an authorized department employee for inspection within 5 days of notification of kill. All permit hunters must comply with harvest reporting and ((submission of biological samples))inspection as described above. Failure to comply ((with the submission of biological samples)) is a misdemeanor pursuant to RCW 77.15.280.