WSR 02-06-121

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 6, 2002, 10:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-02-055.

Purpose: To amend WAC 232-28-273 2001 Moose, bighorn sheep, and mountain goat seasons and permit quotas and 232-28-266 2000-2001, 2001-2002, 2002-2003 Landowner damage hunts.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: The amendment provides language changes for moose, bighorn sheep, and mountain goat permit quotas. The proposed changes are:

Moose - increase moose permits from ninety-two to ninety-four by adding one new moose hunt unit and adjust hunt area for GMU 124.

Bighorn sheep - decreasing bighorn sheep permits from twenty-two to twenty by decreasing permits in two sheep units.

Mountain goat - decrease mountain goat permits from twenty-four to twenty-one by decreasing mountain goat permits in three goat units.

Landowner damage hunts were established to aid the Washington Department of Fish and Wildlife when dealing with deer and elk damage complaints. Statewide quotas were established when the WAC was initially drafted. Those quotas have proven to be inadequate and need to be adjusted.

Reasons Supporting Proposal: Moose. Winter surveys and hunter reports indicate that moose populations are stable. As such, the department recommends status quo permit levels for existing hunt areas. Winter surveys and hunter reports also indicate moose are expanding into southwestern Stevens County. Based on a comparison of survey results between GMU 121 (Huckleberry) and GMU 109 (Threeforks), the department recommends adding a new moose hunt area (Huckleberry) with two permits.

Bighorn sheep. Survey results indicate that all bighorn sheep populations that are hunted are healthy, and either meet or exceed population objectives. For these populations, permit levels are calculated using the number of adult rams in the population and lamb:ewe ratios (see Bighorn Sheep Management Plan). That adult ram segment has declined in two populations. Therefore, the department recommends reducing permit levels in those units accordingly.

Mountain goat. Survey results indicate that eight of eleven goat populations are stable or increasing, while three populations appear to have declined. Therefore, the department recommends reducing permit levels in those units accordingly.

Landowner damage hunts are an effective tool in dealing with deer and elk damage complaints but the present quotas are below the practical need.

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 rule provides limited entry permit seasons for moose, bighorn sheep, and mountain goat. The purpose of the proposed changes is to maximize recreational hunter opportunity when consistent with the biological status of the species. The anticipated effects of the changes are increased hunter opportunity for moose and decreased opportunity for bighorn sheep and mountain goat.

Increase the statewide quota for elk landowner damage hunts from 100 to 500 to better address elk damage problems.

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. These recommended rule amendments regulate recreational hunters and do not directly regulate 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: Kittitas County Fairgrounds, 512 North Poplar, Ellensburg, WA 98926, on April 12-13, 2002, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 29, 2002, 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 25, 2002.

Date of Intended Adoption: April 12, 2002.

March 6, 2002

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 00-69 [01-69], filed 4/26/01, effective 5/27/01)

WAC 232-28-273   ((2001)) 2002 Moose, bighorn sheep, and mountain goat seasons and permit quotas.  


((2001)) 2002 Moose Permit Hunts


Who May Apply:
Anyone may apply; EXCEPT those who drew a moose permit previously in Washington State. Only one moose permit will be issued during an individual's lifetime (waived for Mt. Spokane youth hunt, and raffle and auction hunts).


Bag Limit: One moose of either sex, EXCEPT antlerless only for the Mt. Spokane B Hunt and the Mt. Spokane Youth Hunt.


Hunt

Name

Permit

Season

Permit Hunt

Boundary Description

Special

Restrictions

((2001)) 2002

Permits

Kettle ((River)) Range Oct. 1-Nov. 30 GMU 101, 105 Any Legal Weapon 1
Selkirk Mtns. Oct. 1-Nov. 30 GMU 113 Any Legal Weapon 18
Mt. Spokane A Oct. 1-Nov. 30 GMU 124 east of Hwy 395 Any Legal Weapon 15
Mt. Spokane B Oct. 1-Nov. 30 GMU 124 east of Hwy 395 Any Legal Weapon 15
Mt. Spokane Youth Only.* Oct. 1-Nov. 30 GMU 124 east of Hwy 395 Any Legal Weapon 10
49 Degrees North Oct. 1-Nov. 30 GMU 117 Any Legal Weapon 22
Three Forks Oct. 1-Nov. 30 GMU 109 Any Legal Weapon 6
Hangman Oct. 1-Nov. 30 GMU 127, 130 Any Legal Weapon 5
Huckleberry Oct. 1-Nov. 30 GMU 121, 124 west of Hwy 395 Any Legal Weapon 2

*Applicants must be eligible to purchase a youth moose permit application. Youth hunters must be accompanied by an adult during the hunt.


((2001)) 2002 Mountain Sheep (Bighorn) Permit Hunts


Who May Apply: Anyone may apply; EXCEPT those who drew a bighorn permit previously in Washington State. Only one bighorn sheep permit will be issued during an individual's lifetime. (Waived for raffle and auction hunts.)


Bag Limit: One bighorn ram.


Hunt

Name

Permit

Season

Permit Hunt

Boundary Description

Special

Restrictions

((2001)) 2002

Permits

Selah Butte Sept. 15-Oct. 10 Sheep Unit 4 Any Legal Weapon ((4)) 3
Umtanum Sept. 15-Oct. 10 Sheep Unit 5 Any Legal Weapon 4
Cleman Mountain Sept. 15-Oct. 10 Sheep Unit 7 Any Legal Weapon ((6)) 3
Mt. Hull Sept. 15-Oct. 10 Sheep Unit 10 Any Legal Weapon 0
Lincoln Cliffs Sept. 15-Oct. 10 Sheep Unit 12 Any Legal Weapon 1
Quilomene Sept. 15-Oct. 10 Sheep Unit 13 Any Legal Weapon ((6)) 8
Swakane Sept. 15-Oct. 10 Sheep Unit 14 Any Legal Weapon 1

Mountain (Bighorn) Sheep Units:


Sheep Unit 4 Selah Butte: Permit Area: That part of Yakima and Kittitas counties between Ellensburg and Yakima east of the Yakima River and north of Selah Creek, west of Interstate 82 and south of Interstate 90.


Sheep Unit 5 Umtanum: Permit Area: Those portions of Yakima and Kittitas counties west of the Yakima River, north of Wenas Creek, and east of USFS Road 1701 to Manastash Lake and its drainage; south and east along the South Fork Manastash Creek to Manastash Creek and the Yakima River.


Sheep Unit 7 Cleman Mountain: Permit Area: That part of Yakima County south of Wenas Creek and east of USFS Road 1701, north of Highway 410 and Highway 12 and west of the Yakima River.


Sheep Unit 10 Mt. Hull: Permit Area: That part of Okanogan County within the following described boundary: Beginning at Oroville; then south along U.S. Highway 97 to the Swanson's Mill Road (old Mt. Hull Road) near Lake Andrews; then east to the Dry Gulch Road; then north to the Oroville-Toroda Creek Road (Molson Grade Road); then west to Oroville and the point of beginning.


Sheep Unit 12 Lincoln Cliffs:
Permit Area: That part of Lincoln County north of Highway 2.


Sheep Unit 13 Quilomene:
Permit Area: GMU 329.


Sheep Unit 14 Swakane: Permit Area: GMU 250.


((2001)) 2002 Mountain Goat Permit Hunts


Who May Apply:
Anyone may apply; except those who drew a mountain goat permit in Washington state after 1998. Starting in 1999, only one mountain goat permit will be issued during an individual's lifetime. (Waived for raffle and auction hunts.)


Bag Limit: One (1) adult goat of either sex with horns four (4) inches or longer. WDFW urges hunters to refrain from shooting nannies with kids. Permit hunters may start hunting Sept. 1 with archery equipment.


Hunt

Name

Permit

Season

Permit Hunt

Boundary Description

Special

Restrictions

((2001)) 2002

Permits

Chelan North Sept. 15-Oct. 31 Goat Unit 2-1 Any Legal Weapon ((2)) 1
Methow Sept. 15-Oct. 31 Goat Unit 2-2 Any Legal Weapon 2
Naches Pass Sept. 15-Oct. 31 Goat Unit 3-6 Any Legal Weapon ((3)) 2
Bumping River Sept. 15-Oct. 31 Goat Unit 3-7 Any Legal Weapon 2
Tieton River Sept. 15-Oct. 31 Goat Unit 3-9 Any Legal Weapon 3
Blazed Ridge Sept. 15-Oct. 31 Goat Unit 3-10 Any Legal Weapon ((2)) 1
Kachess Ridge Sept. 15-Oct. 31 Goat Unit 3-11 Any Legal Weapon 1
Jack Mountain Sept. 15-Oct. 31 Goat Unit 4-9 Any Legal Weapon 0
Corral Pass Sept. 15-Oct. 31 Goat Unit 4-38 Any Legal Weapon 2
Tatoosh Sept. 15-Oct. 31 Goat Unit 5-2 Any Legal Weapon 3
Smith Creek Sept. 15-Oct. 31 Goat Unit 5-3 Any Legal Weapon 1
Goat Rocks Sept. 15-Oct. 31 Goat Unit 5-4 Any Legal Weapon 3

Mountain Goat Units:


Goat Unit 2-1 Chelan N. (Chelan County): Permit Area: Beginning at the mouth of Fish Creek on Lake Chelan (Moore Point); then northeast up Fish Creek and USFS trail 1259 to the Sawtooth crest near Deephole Spring; then southeast along the Sawtooth crest, which separates Chelan and Okanogan County, to Horsethief Basin and the headwaters of Safety Harbor Creek; then south along Safety Harbor Creek to Lake Chelan, then northwest along the north shore of Lake Chelan to the mouth of Fish Creek at Moore Point and the point of beginning.


Goat Unit 2-2 Methow Area: Permit Area: Okanogan County within the following described boundary: Beginning at the Town of Twisp, westerly along the Twisp River Road (County Road 4440) to Roads End; west up the Twisp Pass Trail 432 to Twisp Pass and the Okanogan County line; northerly along the Okanogan County line through Washington Pass to Harts Pass; southeast down Harts Pass (Road 5400) to Lost River; then along the Lost River-Mazama Road to Mazama; then southwest to State Highway 20; then southeasterly along State Highway 20 to Twisp and the point of beginning.


Goat Unit 3-6 Naches Pass: Permit Area: Yakima and Kittitas counties within the following described boundary: Beginning at Chinook Pass; then north along the Pacific Crest Trail to Naches Pass; then east to USFS Road 19 and continuing to State Highway 410; then west along State Highway 410 to Chinook Pass and point of beginning.


Goat Unit 3-7 Bumping River: Permit Area: Yakima County within the following described boundary: Beginning at White Pass and the Pacific Crest Trail; then north to Forest Trail 980; then north to USFS Road 18; then north to State Highway 410; then east to State Highway 12; then west along State Highway 12 and back to point of beginning; EXCEPT Timberwolf Mountain, which is closed.


Goat Unit 3-9 Tieton River: Permit Area: Yakima County within the following described boundary: Beginning at White Pass and Pacific Crest Trail; then south to the Yakama Indian Reservation Boundary; then east to USFS Jeep Trail 1137; then west to USFS Road 1070-578 Spur; then west to Road 1000; then north to USFS Road 12; then north to State Highway 12; then west on State Highway 12 to point of beginning.


Goat Unit 3-10 Blazed Ridge: Permit Area: Kittitas and Yakima counties within the following described boundary: Beginning at the mouth of Cabin Creek on the Yakima River; then west along Cabin Creek to the headwaters near Snowshoe Butte; then south along the Cascade Crest separating the Green and Yakima river drainage to Pyramid Peak; then southeast along the North Fork, Little Naches, and Naches River to the Yakima River; then north along the Yakima River to the mouth of Cabin Creek and point of beginning.


Goat Unit 3-11 Kachess Ridge: Permit Area: Kittitas County within the following described boundary: Beginning at the mouth of the Kachess River on the Yakima River; then north along the Kachess River and Kachess Lake to USFS Road 4600; then east on USFS Road 4600 to the Cle Elum River; then south along the Cle Elum River and Lake Cle Elum to the Yakima River; then northwest along the Yakima River to the mouth of the Kachess River and point of beginning.


Goat Unit 4-9 Jack Mountain: Permit Area: Whatcom County within the following described boundary: Beginning at the confluence of Ruby Creek and Crater Creek; then north up Crater Creek to the ridge line between Jerry Lakes and a pinnacle of Jack Mountain (7,292 ft. elevation); continue due north to Devil's Creek; then west down Devil's Creek to Ross Lake; then south along the east shoreline of Ross Lake to Ruby Arm; then easterly up Ruby Arm and Ruby Creek to the confluence of Crater Creek and the point of beginning.


Goat Unit 4-38 Corral Pass: Permit Area: Pierce County within the following described boundary: Beginning where Goat Creek intersects the Corral Pass Road; then southeast up Goat Creek to the Cascade Crest; then north along the Crest to USFS Trail 1188; then northwest along said trail to USFS Trail 1176; then north along said trail to Corral Pass; then west along Corral Pass Road to its intersection with Goat Creek and the point of beginning.


Goat Unit 5-2 Tatoosh: Permit Area: Lewis County within the following described boundary: Beginning at the junction of the southern Mount Rainier National Park Boundary and State Highway 123; then south along State Highway 123 to U.S. Highway 12; then southwest along said highway to Skate Creek Road (USFS Road 52); then northwest along said road to the junction of Morse Creek Road (old road to Longmire Campground); then north along said road to the Mount Rainier National Park Boundary; then east along the southern park boundary to the point of beginning.


Goat Unit 5-3 Smith Creek: Permit area: Lewis County within the following described boundary: Beginning at the Town of Randle; then east along U.S. Highway 12 to USFS Road 21; then southeast along USFS Road 21 to USFS Road 22; then northeast and northwest along USFS Road 22 to USFS Road 23; then east and northwest on USFS Road 23 to USFS Road 25; then north along USFS Road 25 to Randle and point of beginning.


Goat Unit 5-4 Goat Rocks: Permit Area: Lewis County south of the White Pass Highway (U.S. Highway 12) and east of the Johnson Creek Road (USFS Road 1302).

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-273, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-273, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-10-102 (Order 99-40), 232-28-273, filed 5/5/99, effective 6/5/99; 98-10-005 (Order 98-58), 232-28-273, filed 4/22/98, effective 5/23/98.]

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

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 00-50, filed 5/23/00, effective 6/23/00)

WAC 232-28-266   2000-2001, 2001-2002, 2002-2003 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:

2000-2001 2001-2002 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:

2000-2001 2001-2002 2002-2003
August 1- August 1- August 1-
March 31 March 31 March 31
Location: Statewide


Legal Elk: Antlerless Only


Kill Quota: ((100)) 500 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 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-266, filed 5/23/00, effective 6/23/00. 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.]

Washington State Code Reviser's Office