PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-02-081.
Title of Rule: WAC 232-28-272 2000-2001, 2001-2002, and 2002-2003 Black bear and cougar hunting seasons and regulations and 232-28-300 Mandatory report of hunting activity.
Purpose: To adopt WAC 232-28-299 Mandatory report of hunting activity and amend WAC 232-28-272 2000-2001, 2001-2002, and 2002-2003 Black bear and cougar hunting seasons and regulations.
Statutory Authority for Adoption: RCW 77.12.040 and 77.32.070.
Statute Being Implemented: RCW 77.12.040 and 77.32.070.
Summary: This will change the current system of requiring successful deer, elk, and turkey hunters; and all black bear and cougar hunters to report each year. The proposed change will require deer, elk, black bear, and turkey hunters to report their hunting activity each year. The reporting requirement for cougar will be dropped with a mandatory carcass check and tagging system retained.
Reasons Supporting Proposal: To significantly improve harvest estimates for monitoring impacts of hunting and to determine population trends. Under the current reporting system and using a 10% sample of hunters, harvest estimates are only accurate at regional or statewide levels. With a mandatory reporting requirement, harvest estimates in most cases will be accurate at the game management unit level.
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:
| The proposed rule will require all deer, elk, black bear, and turkey hunters to report their hunting activity each year using a toll free telephone system or over the Internet. | |
| Hunters who report harvest within ten days of kill and unsuccessful hunters who report by January 31 will be entered into a drawing for special permit hunts. | |
| Hunters will not be allowed to purchase a license in 2002 until they report their activity from 2001. |
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: Ramada Inn, International Airport, 8909 Airport Road, Spokane, WA 99219, (509) 838-5211, on April 6-7, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by March 30, 2001, 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 30, 2001.
Date of Intended Adoption: April 6, 2001.
February 21, 2001
Evan Jacoby
Rules Coordinator
Black Bear Seasons:
| Hunt Name | 2000 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 5 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 5 - Nov. 5 | GMUs 101-117 |
| Blue Mt. | Sept. 5 - Nov. 5 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 12 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 12 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 12 | Long Island |
| Hunt Name | 2001 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 4 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 4 - Nov. 4 | GMUs 101-117 |
| Blue Mt. | Sept. 4 - Nov. 4 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 11 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 11 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 11 | Long Island |
| Hunt Name | 2002 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 3 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 3 - Nov. 3 | GMUs 101-117 |
| Blue Mt. | Sept. 3 - Nov. 3 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 10 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 10 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 10 | Long Island |
Bag Limit: Two (2) black bear per annual hunting season only one
of which may be taken in Eastern Washington.
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.
((Harvest Report Cards: All hunters that purchase a big game
hunting license which includes black bear as an option 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:
Aug. 1, 2000 - Mar. 15, 2001;
Aug. 1, 2001 - Mar. 15, 2002; and
Aug. 1, 2002 - Mar. 15, 2003.
License Required: A valid big game hunting license which
includes cougar as a species option is required to hunt cougar.
Bag Limit: Two (2) cougar per license year excluding public
safety cougar removals. It is unlawful to kill or possess
spotted cougar kittens or adult cougars accompanied by spotted
kittens. Individuals selected for a public safety cougar removal
permit may take one (1) cougar and must take the first legal
cougar available.
Tag Information:
(1) One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar.
(2) Individuals selected for a public safety cougar removal must possess a valid big game license and cougar transport tag prior to issuance of the permit. Individuals may participate in multiple public safety cougar removals, but must purchase a cougar transport tag for each cougar removed. Purchases in excess of two (2) cougar transport tags must be made at department offices.
Hunting Method: Hunters may use any lawful big game modern
firearm, archery, or muzzleloader equipment for hunting cougar.
The use of hounds to hunt cougar is prohibited except during a
public safety cougar removal.
((Harvest Report Cards: All hunters that purchase a big game
license which includes cougar as a species option 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.
Public safety cougar removals:
The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.
Public safety cougar removals: Criteria.
(1) The commission determines that when the above practical alternatives have been utilized within a game management unit, four or more confirmed human-cougar safety incidents or livestock/pet depredations per year and seven or more confirmed cougar sightings or nuisance activities per year therein demonstrate that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.
(2) Public safety cougar removal(s) will be conducted between December 16, 2000, and March 15, 2001, in selected areas of game management units designated by the director to address a public safety need presented by one or more cougar, not to exceed removal of more than seventy-four cougar during the 2000-2001 removal period unless otherwise authorized by the commission.
Public safety cougar removals: Permit issuance procedure.
(1) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and region applying for (see page 4 of 2000 Big Game Hunting Seasons and Rules Pamphlet for region map). Individuals may apply for multiple regions. An individual's request to be placed on a participant list for the 2000-2001 removal must be postmarked no later than November 15, 2000, or received at Washington department of fish and wildlife's (department) Olympia office no later than 5:00 p.m. on November 15, 2000.
(2) To be eligible for a public safety cougar removal permit (permit), participants must have at their disposal dogs capable of detecting and tracking cougar. The permit holder must use dogs while participating in a public safety cougar removal.
(3) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within 15 days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.
(4) No more than four (4) total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.
(5) Permit holders shall notify the department's enforcement program in Olympia at least 24 hours prior to exercising a public safety cougar removal permit. The department reserves the right to accompany permit holders while participating in a public safety cougar removal.
(6) Permit holders must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.
Definitions:
As used in this section and in the context of public safety cougar removals, the following definitions apply:
(1) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.
(2) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.
(3) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.
(4) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.
(5) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.
(6) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.
(7) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.
(8) "Removal" means the act of killing one or more cougar with the aid of dogs.
(9) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.
[Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), 232-28-272, filed 4/22/98, effective 5/23/98.]
a) Hunters must report hunting activity, for each tag acquired, by January 31.
b) Reports must be made using the Department's designated automated telephone hunter reporting system (toll free) or Internet hunter reporting system.
c) Any hunter not reporting, for each tag acquired, by January 31 will be in non-compliance of reporting requirements.
d) Compliance will be credited for each species for which a transport tag is acquired.
(2) As an incentive for prompt reporting, all successful hunters who report harvest within 10 days of killing an animal and unsuccessful hunters who report by midnight January 10 will be entered into a raffle drawing for special deer and elk permits.
a) There will be two (2) any elk permits for western Washington and two (2) for eastern Washington for use in any area open to general or permit hunting seasons EXCEPT Private Lands Wildlife Management Areas and GMUs 157 and 485.
b) There will be five (5) statewide any deer permits, for use in any area open to general or permit hunting seasons EXCEPT Private Lands Wildlife Management Areas and GMUs 157 and 485.
c) Open Season: The deer or elk incentive permit hunter may use archery equipment during archery seasons, muzzleloader equipment during muzzleloader seasons, and any legal weapon at other times if there are no firearm restrictions.
d) The dates for the hunts will be September 1 to December 31.
e) Hunters awarded the special incentive permit will be required to send the appropriate license fee to the Department of Fish and Wildlife headquarters in Olympia. The Department will issue the license and transport tag and send it to the incentive permit winner.
(3) Beginning with license year 2002 and there after, hunters who have not reported hunting activity for the tags acquired the previous year will be required to complete a hunting report for those species before a new license for that species will be issued. There is no penalty for hunters not purchasing a hunting license the previous year.
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