WSR 00-06-096

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2000, 11:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-142.

Purpose: To amend WAC 232-28-266 Landowner damage hunts.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: Extends landowner damage hunts through March 2003.

Reasons Supporting Proposal: Continues successful landowner program to address agricultural damage issues.

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

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes landowner damage hunting seasons for the next three years. These seasons are established to address landowner damage problems caused by deer and elk.

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. This rule is not related to the hydraulics code.

Hearing Location: Yakima Convention Center, 10 North 8th Street, Yakima, WA, on April 7-8, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 31, 2000, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 31, 2000.

Date of Intended Adoption: April 7, 2000.

March 1, 2000

Evan Jacoby

Rules Coordinator



AMENDATORY SECTION [(Amending WSR 97-05-074, filed 2/19/97)]WAC 232-28-266
((1997-98, 1998-99, 1999-2000)) 2001-01, 2001-02, 2002-03 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))

2000-2001

((1998-1999))

2001-2002

((1999-2000))

2002-2003

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))

2000-2001

((1998-1999))

2001-2002

((1999-2000))

2002-2003

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.

[Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-05-074, 232-28-266, filed 2/19/97, effective 3/22/97.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office