WSR 98-05-095

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 18, 1998, 10:31 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-01-174.

Title of Rule: To adopt WAC 232-28-272 1998-99, 1999-2000 Black bear and cougar hunting seasons and regulations.

Purpose: To adopt WAC 232-28-272 Black bear and cougar hunting seasons and regulations.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The WAC specifies legal season dates, bag limits, and open areas for the 1998 and 1999 black bear and cougar seasons.

Reasons Supporting Proposal: Consolidation and establishment of black bear and cougar hunting seasons and regulations into one WAC.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, 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 establishes black bear and cougar seasons and regulations to provide recreational opportunity, to control nuisance black bear and cougar damage, to respond to public safety concerns, and to conserve black bear and cougar resources of Washington.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

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

Hearing Location: Doubletree Hotel, 1225 North Wenatchee Avenue, Wenatchee, WA 98801, phone (509) 663-0711, on April 3-4, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 25, 1998, 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) 902-2940, by March 25, 1998.

Date of Intended Adoption: April 3, 1998.

February 18, 1998

Evan Jacoby

Rules Coordinator

NEW SECTION

WAC 232-28-272 1998-99 and 1999-2000 Black bear and cougar hunting seasons and regulations

Black Bear Seasons:

(1) General Season in Eastern Washington: August 1-November 8, 1998 and August 1-November 7, 1999, except September 8-November 8, 1998 and September 7-November 7, 1999 in that part of GMU 113 north of the line beginning at the mouth of Mill Creek on the Pend Oreille River; E along Mill Creek to Le Clerc Creek Rd.; N on Le Clerc Creek Rd. to USFS Rd. 1200; E on USFS Rd. 1200 to Pyramid Pass (Colville NF/ID Panhandle NF boundary); E on USFS Rd. 312 to USFS Rd. 658; N on USFS Rd. 658 to USFS Rd. 219; E on USFS Rd. 219 to the state line.

(2) General Season in Western Washington: August 1-November 15, 1998 and August 1-November 14, 1999, except on Long Island where the seasons are September 1-November 15, 1998 and September 1-November 14, 1999.

License and Tag(s) Required: A valid hunting license and valid species tag(s) are required to hunt black bear.

Bag Limit: Two (2) black bear per annual hunting season.

Tag Information: To take one (1) bear a hunter must purchase either a damage bear tag or a general bear tag. To take two (2) bears a hunter must purchase both a damage bear tag and a general bear tag. A damage bear tag is valid only in western Washington, and in GMUs, 304, 306, 308, and 316 in eastern Washington. A general bear tag is valid statewide.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.

GMUs Closed to Bear Hunting: 157 (Mill Creek Watershed), 485 (Green River), and 522 (Loo-wit).

Harvest Report Cards: All hunters that purchase black bear transport tag(s) are required to fill out and return their black bear harvest report card(s). Successful hunters must complete the report card(s) and return within 10 days after taking an animal. Unsuccessful hunters are required to complete and return their report card(s) within 10 days after the close of the bear season.

Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar tooth located behind the canine tooth of the upper jaw.

Cougar Season:

General Statewide Season: August 1, 1998-March 15, 1999 and August 1, 1999-March 15, 2000.

License and Tag(s) Required: A valid hunting license and valid species tag are required to hunt cougar.

Bag Limit: One (1) cougar may be taken during the annual hunting season. It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar, except that cougar may be hunted with a .22 caliber centerfire rifle with a mushrooming or expanding type bullet weighing greater than 50 grains. The use of hounds to hunt cougar is prohibited statewide.

GMUs Closed to Cougar Hunting: 157 (Mill Creek Watershed), 485 (Green River), and 522 (Loo-wit).

Harvest Report Cards: All hunters that purchase a cougar transport tag are required to fill out and return their cougar harvest report card. Successful hunters must complete the report card and return within 10 days after taking an animal. Unsuccessful hunters are required to complete and return their report card within 10 days after the close of the cougar season.

Cougar Pelt Sealing: Any person who takes a cougar must notify the department within 72 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.