WSR 97-17-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Order 97-156--Filed August 12, 1997, 4:29 p.m.]

Date of Adoption: August 9, 1997.

Purpose: To adopt WAC 232-28-51500A 1997-98, 1998-99, 1999-2000 Trapping seasons and regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-51500A.

Statutory Authority for Adoption: RCW 77.12.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The former trapping season rule applied to the 1996-1997 season, and is outdated. This rule will allow traditional trapping to begin October 1, and will be in place during promulgation of the permanent rule. Failure to open the trapping season by emergency rule would do irreparable harm to the 600 licensed trappers. There is insufficient time to adopt a permanent rule before the beginning of the 1997-1998 season and meet all substantive and procedural requirements of the Administrative Procedure Act.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

August 13 [12], 1997

Dirk Brazil

for Bern Shanks, PhD

Director

NEW SECTION

WAC 232-28-51500A 1997-98, 1998-99, 1999-2000 Trapping seasons and regulations

Effective Immediately until Further Notice:

Trapping Regulations

To be issued your first Washington State trapping license an individual must pass the Washington State trapper education exam.

A trapping license will only be issued to a trapper that has returned the mandatory trapper report of catch postmarked on or before April 10 of the previous year. A trapper that fails to submit a report of catch must wait one year before purchasing another trapping license. False reports will be considered the same as failure to return the catch report.

It is unlawful to: Trap for wild animals before October 1, and after March 15, in western Washington, except that owners of, or persons legally controlling a property (or their designee) may trap unclassified wild animals that are causing damage or depredating on said property.

It is unlawful to: Place traps or establish drowning wires and weights prior to 7:00 a.m. on the opening date of the trapping season. All opening and closing season dates are inclusive.

Trapping Seasons:

General Western Washington Trapping Seasons (Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Whatcom counties):

[Open Style:Columns Off]

[Open Style:Columns On]

Exceptions to General Western Washington Trapping Seasons:

Cowlitz County

Game Management Unit 522 (Loo-wit) is closed to all trapping.

Island County

The red fox season is closed.

Lewis County

Green River, above the confluence of Elk Creek, is closed to all trapping except for bobcat, and coyote. Game Management Unit 522 (Loo-wit) is closed to all trapping.

Skagit County

The Ross Lake National Recreation Area is closed to all trapping. The red fox season is closed in Skagit County, except within the exterior boundaries of the Mount Baker-Snoqualmie National Forest. Racoon, mink, and muskrat seasons are December 13, 1997 to January 31, 1998; December 12, 1998 to January 31, 1999; and December 11, 1999 to January 31, 2000.

Skamania County

Smith Creek, Bean Creek, and Clearwater Creek, above USFS 83 Road on Pine Creek, and above the confluence of Bean Creek on the Muddy River are closed to all trapping except for bobcat and coyote. Game Management Unit 522 (Loo-wit) is closed to all trapping.

Whatcom County

The Ross Lake National Recreation Area is closed to all trapping. The red fox season is closed in Whatcom County, except within the exterior boundaries of the Mount Baker-Snoqualmie, and Okanogan National Forests. Raccoon, mink, and muskrat seasons are December 13, 1997 to January 31, 1998; December 12, 1998 to January 31, 1999; and December 11, 1999 to January 31, 2000.

General Eastern Washington Trapping Seasons (Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties):

[Open Style:Columns Off]

[Open Style:Columns On]

Exceptions to General Eastern Washington Trapping Seasons:

The river otter trapping season is closed in all Eastern Washington counties, except that it is open in Chelan, Ferry, Klickitat, Kittitas, Okanogan, Pend Oreille, Spokane, Stevens and Yakima counties, as well as in the Snake and Walla Walla Rivers and their tributaries.

Chelan County

The beaver season is closed in Swakane and Mudd Creek.

Kittitas County

The beaver season is closed in the north fork of Tarpiscan Creek, and the Umtanum Creek drainage.

Urban Trapping Areas: Special Regulations and Trap Restrictions

The following described areas are closed to the taking of classified furbearing animals, and coyote, opossum, nutria, and skunk, by the use of foot-hold, kill, or snare traps except muskrat and mink may be taken with a number one and one-half foot-hold drowning set or a 110 instant kill trap during lawful trapping seasons as established by the Fish and Wildlife Commission. In these areas all traps or devices, not capable of killing the animal must be checked and the animal removed within 24 hours.

Thurston County, within the established city limits (including county islands) of Lacey, Olympia, and Tumwater.

Within Snohomish, King, and Pierce counties. Beginning at the confluence of the Snohomish River and the Puget Sound; then east up the Snohomish River to Interstate 5 (I-5); then south on I-5 to Interstate 405 (I-405); then south on I-405 to I-5; then south on I-5 to its junction with Pioneer Way; then east along Pioneer Way to Waller Road; then south along Waller Road to SR 512; then west along SR 512 to Highway 7; then south on Highway 7 to Highway 507 to the Pierce County line to Puget Sound; then north along the coast to the mouth of the Snohomish River and point of beginning.