WSR 97-01-114

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed December 19, 1996, 10:23 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-149.

Title of Rule: To adopt WAC 232-28-266, landowner damage hunts.

Purpose: To adopt WAC 232-28-266, landowner damage hunts, to establish a landowner damage hunting system to alleviate complaints and payments.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: A quota of six hundred deer permits and one hundred elk permits is proposed to be available at the local level to address landowner damage problems.

Reasons Supporting Proposal: To avoid the damage claims of landowners and help resolve damage issues.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management Program, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Acting Assistant Director, Enforcement Program, Olympia, (360) 902-2932.

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will provide a mechanism to issue special permits to landowners. The purpose is to alleviate damage and the effect will be to reduce damage payments.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules involve personal use hunting, and do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington 98368, on January 31 - February 1, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 20, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942, by January 20, 1997.

Date of Intended Adoption: January 31, 1997.

December 19, 1996

Evan Jacoby

Legal Counsel

NEW SECTION

WAC 232-28-266 1997-98, 1998-99, 1999-2000 Landowner damage hunts.

landowner damage hunts

Deer:

Tag Required: Deer hunter must have a current valid, unaltered, unnotched deer tag on his/her person.

Hunting Method: Any legal weapon.

Season Framework:

1997-1998 1998-1999 1999-2000

August 1- August 1- August 1-

March 31 March 31 March 31



Location: Statewide

Legal Deer: Antlerless Only

Kill Quota: 600 Statewide

Elk:

Tag Required: Elk hunter must have a current valid, unaltered, unnotched elk tag on his/her person.

Hunting Method: Any legal weapon

Season Framework:

1997-1998 1998-1999 1999-2000

August 1- August 1- August 1-

March 31 March 31 March 31



Location: Statewide

Legal Elk: Antlerless Only

Kill Quota: 100 Statewide

Special Notes: A landowner with deer/elk damage will enter into a Cooperative Agreement with WDFW and establish a boundary for deer/elk hunt, season dates within the framework and number of animals to be removed. Landowner agrees not to claim damage payments and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A landowner damage access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.

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