WSR 03-02-005

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-301 -- Filed December 20, 2002, 1:41 p.m. ]

Date of Adoption: December 6, 2002.

Purpose: To amend WAC 232-12-114 Permit required for capture of raptors, 232-12-117 Marking and identification of raptors, 232-28-291 Special hunting season permits, and 232-28-275 Black bear special permit season and quotas.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-114, 232-12-117, 232-28-291, and 232-28-275.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 02-21-131 on October 23, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

December 19, 2002

Russ Cahill, Chairman

Fish and Wildlife Commission

OTS-5999.2


AMENDATORY SECTION(Amending Order 96-140, filed 8/30/96, effective 9/30/96)

WAC 232-12-114   Permit required for capture of raptors.   (1) It is unlawful for any persons to capture from the wild, any state or federal endangered or threatened species for the purpose of falconry.

(2) It is unlawful for any persons to take a raptor for the purpose of falconry, without first having in their possession and on their person, a valid Washington state "falconry permit."

(3) "Raptor capture report forms" may be issued by the director to holders of valid falconry licenses. Forms will be designed by the agency to require information pertaining to location, timing, and other biological elements of the capture.

(4) It is unlawful to capture raptors at times other than the following times: for Apprentice falconers - January 1 through January 31, and September 1 through December 31; for General and Master falconers - January 1 through January 31, weekends and holidays from May 15 through June 30, weekends and holidays from July 1 through July 31, September 1 through December 31, and great horned owls can also be taken on weekends and holidays from February 15 through March 31.

(5) It is unlawful to capture a gyrfalcon without having attained the class of Master falconer. Up to five (5) gyrfalcons will be allowed to be taken by Master falconers who must apply for and receive a gyrfalcon capture permit from the department before capturing a gyrfalcon. The actual number of the gyrfalcon quota each year will be determined by the director after evaluating gyrfalcon production for the year in their arctic breeding grounds.

(6) It is unlawful to capture eyass prairie falcons in western Washington. The director may restrict areas temporarily from raptor capture to accommodate short term research or other biological needs.

(7) It is unlawful to capture gyrfalcons in western Washington and in Grant County.

(8) It is unlawful to transfer a wild caught raptor to out-of-state recipients for one (1) year from date of capture.

(9) It is unlawful to capture peregrine falcon (Falco peregrinus) nestlings without having attained the class of Master falconer. Nestling peregrine falcons may be taken by a Master falconer who possesses, at the time of capture, a permit from the department authorizing such capture in accordance with federal regulations or implementation guidance set forth by the United States Fish and Wildlife Service regarding the falconry take of nestling peregrine falcons in the contiguous United States and Alaska. The number of peregrine falcon nestlings to be captured in Washington will be determined by the director in accordance with federal regulations or implementation guidance and may vary annually in response to population and productivity data. The director will establish permit issuance procedures, capture monitoring requirements, and open areas for the capture of nestling peregrine falcons.

[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-064 (Order 96-140), 232-12-114, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 90-22-062 (Order 470), 232-12-114, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), 232-12-114, filed 1/28/82; 81-12-029 (Order 165), 232-12-114, filed 6/1/81. Formerly WAC 232-12-234.]

OTS-6000.1


AMENDATORY SECTION(Amending Order 471, filed 11/5/90, effective 12/6/90)

WAC 232-12-117   Marking and identification of raptors required.   (1) It is unlawful for any falconry permittees to take, possess, transport, import, export, or otherwise dispose of any golden eagle (Aquila chrysaetos), peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) unless such bird is banded either by a seamless numbered band, or a permanent, nonreusable band, which are both provided by the United States Fish and Wildlife Service.

(2) Any gyrfalcon (Falco rusticolus) or peregrine falcon (Falco peregrinus) taken from the wild must be reported to the department within five days of taking and must be banded with a permanent nonreusable band provided by the United States Fish and Wildlife Service.

(3) It is unlawful to band any raptor taken from the wild, or band any raptor produced from an egg taken from the wild, or band any raptor produced from an egg from any source other than bred in captivity under authority of a raptor propagation permit, with a United States Fish and Wildlife Service seamless numbered band.

(4) Unless otherwise specifically exempted by the conditions of a raptor propagation permit, every raptor possessed for propagation (including offspring produced under the authority of the raptor propagation permit) must be banded in accordance with the following provisions:

(a) Except for captive-bred raptors lawfully marked with a seamless, numbered band provided by the United States Fish and Wildlife Service, any raptor possessed for propagation purposes shall be banded with a permanent, nonreusable, numbered band issued by the United States Fish and Wildlife Service.

(b) Each captive-bred raptor produced under the authority of a raptor propagation permit shall be banded within two weeks of hatching with a numbered, seamless band provided by the United States Fish and Wildlife Service, placed on the raptor's leg (metatarsus), following United States Fish and Wildlife Service banding regulations.

(5) Any lost band must be replaced with a permanent, nonreusable band supplied by the United States Fish and Wildlife Service. A United States Fish and Wildlife Service form 3-186A (Migratory bird acquisition/disposition report) must be filed in accordance with the instructions on the form, with the department within five working days of the loss.

(6) Unless specifically exempted by the director, all lost or removed bands must be replaced on the bird within 30 days of loss or removal.

(7) It is unlawful to possess a raptor band that has been altered.

[Statutory Authority: RCW 77.12.040. 90-22-063 (Order 471), 232-12-117, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), 232-12-117, filed 1/28/82; 81-12-029 (Order 165), 232-12-117, filed 6/1/81. Formerly WAC 232-12-235.]

OTS-6003.2


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

WAC 232-28-291   Special hunting season permits.   The commission may establish special hunting seasons limited to species and/or weapon type.

1. Deer, elk, cougar, or black bear special hunting season permit applications:

A. To apply for special hunting season permits for deer, elk, cougar, or black bear applicants must have a valid Washington big game hunting license and a valid transport tag for the appropriate species. To apply for a particular hunt, each applicant for deer or elk must have the proper transport tag as identified in the special deer or elk permit regulations.

B. No refunds or exchanges for deer, elk, cougar, or black bear hunting licenses or transport tags will be made for persons applying for special hunting season permits after the permit drawing has been held.

C. A holder of a deer, elk, cougar, or black bear special hunting season permit may hunt only with a weapon in compliance with the special hunting season.

2. Mountain goat, moose, and bighorn sheep special hunting season permit applications:

A. Persons who have previously drawn and accepted a special hunting season permit for Washington mountain goat, bighorn sheep, or moose are ineligible to apply for a special hunting season permit for that species. This lifetime permit holder restriction does not apply to mountain goat permits acquired before 1999, raffle or auction hunt authorizations, or youth-only moose hunts.

B. Successful applicants under this section must purchase the appropriate hunting license within fifteen days of notification by the department. Failure to purchase forfeits the permit to an alternate applicant.

C. No refunds for mountain goat, moose, or bighorn sheep hunting licenses will be made for persons successfully drawing and purchasing special hunting season permits.

3. Wild turkey special hunting season permit applications

A. To apply for wild turkey special hunting season permits, each applicant must have a valid small game hunting license.

B. No refunds for small game hunting licenses will be made, regardless of success in the drawing for wild turkey special hunting season permits.

C. Wild turkey special hunting season permit holders must have a valid turkey transport tag in possession to hunt turkeys in the special hunting season.

4. Special hunting season permit applications:

A. Group applications will be accepted for any species with a group size larger than one. Maximum group sizes are determined for each species. If a group application is drawn, all hunters in the group will receive a special hunting season permit and each hunter in the group can take an animal.

i. Maximum group size for deer is 12.

ii. Maximum group size for elk is 12.

iii. Maximum group size for bear is 2.

iv. Maximum group size for cougar is 2.

v. Maximum group size for mountain goat is 2.

vi. Maximum group size for bighorn sheep is ((1)) 2.

vii. Maximum group size for turkey is 4.

viii. Maximum group size for moose is ((1)) 2.

B. An applicant may purchase only one application for a special hunting season permit for each species.

C. Permits will be drawn by computer selection using a weighted point selection system.

D. Incomplete applications will not be accepted.

E. If an applicant makes a mistake, applies for the wrong hunt, and is successfully drawn, the special hunting season permit can be returned to the Department of Fish and Wildlife Olympia headquarters before the opening day of the special hunting season or the opening day of the general hunting season, whichever comes first. The applicant's points will be restored to the level prior to the permit drawing.

F. Anyone may apply for a special hunting season permit for deer, elk, bear, cougar, and wild turkey.

5. In addition to requirements for special hunting season permit applications, following are application requirements for:

A. Special hunting seasons for persons of disability: Only applicants with a Washington disabled hunter permit are eligible to apply for any special hunting season permits for persons of disability.

B. Special hunting seasons for youth: Only persons who are eligible to lawfully purchase a youth hunting license are eligible to apply for special hunting season permits for youth.

C. Special hunting seasons for hunters age 65 and older: Only applicants sixty-five years of age or older on or before March 31 of the current license year will be eligible to apply for special hunting season permits for hunters age 65 and older.

D. Special hunting seasons for advanced hunter education graduates: Only persons who hold a valid certificate from the Washington department of fish and wildlife advanced hunter education (AHE) program are eligible to apply for special hunting season permits for AHE hunters.

6. Citizen reward for reporting violations - bonus points: A person who provides information which contributes substantially to the arrest of another person for illegally killing big game or an endangered species as defined by Title 77 RCW is eligible to receive ten bonus points toward the special hunting permit drawing for deer or elk special hunting season permits.

A. Only ten bonus points can be awarded for providing information for each person charged regardless of the number of violations involved.

B. Selection of bonus points is in lieu of application for a cash award.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-291, filed 4/26/01, effective 5/27/01.]

OTS-6002.1


AMENDATORY SECTION(Amending Order 00-254, filed 1/31/01, effective 3/3/01)

WAC 232-28-275   ((2001 and 2002)) 2003 Black bear special permit season and quotas.  


BLACK BEAR SPECIAL PERMIT HUNTS


Who May Apply: Any one with a valid Washington big game license which includes black bear.

Bag Limit: One (1) black bear per black bear special permit season.


Hunt Name Permit Season Permit Hunt Boundary Special Restrictions Permit Level
Blue Creek April 15 - May 31 GMU 154 Any Legal Weapon 15
Dayton April 15 - May 31 GMU 162 Any Legal Weapon 15
Tucannon April 15 - May 31 GMU 166 Any Legal Weapon 10
Wenaha April 15 - May 31 GMU 169 Any Legal Weapon 30
Mt. View April 15 - May 31 GMU 172 Any Legal Weapon 15
Lick Creek April 15 - May 31 GMU 175 Any Legal Weapon 15
Grande Ronde April 15 - May 31 GMU 186 Any Legal Weapon 5

License Required: A valid big game hunting license which includes black bear as a species option is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option. A second black bear transport tag must be purchased to take a second bear.


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.


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

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.04.012. 01-04-037 (Order 00-254), 232-28-275, filed 1/31/01, effective 3/3/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), 232-28-275, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.040. 99-01-145 (Order 98-250), 232-28-275, filed 12/22/98, effective 1/1/99.]

Washington State Code Reviser's Office