Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-10-081.

     Title of Rule and Other Identifying Information: Amend WAC 232-28-515 Trapping seasons and regulations.

     Hearing Location(s): Embassy Suites, 20610 44th Avenue West, Lynnwood, WA 98036, (425) 775-2500, on August 6-7, 2004, at 8:00 a.m.

     Date of Intended Adoption: August 6, 2004.

     Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2612, by Friday, July 16, 2004.

     Assistance for Persons with Disabilities: Contact Susan Yeager by August 2, 2004, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule establishes the 2004-2005 and 2005-2006 furbearer trapping seasons and bag limits. General seasons furbearer harvest has declined approximately 83% since the ban on body-gripping traps (I-137) in 2000. Based on the subsequent furbearer nuisance and damage activity, furbearer populations have likely increased in several areas. In an effort to reduce nuisance activity and damage by furbearers, the department is recommending liberalizing furbearer-trapping seasons. The recommended trapping season is November 1 to March 31, except for bobcat, which is the 3rd Saturday in November to February 28.

     Reasons Supporting Proposal: Helps mitigate nuisance and damage activity.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

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

     Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

     A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 23, 2004

Evan Jacoby

Rules Coordinator

To be issued your first Washington State trapping license an individual must pass the Washington State trapper education exam.

A trapping license will only be issued to a trapper that has returned the mandatory trapper report of catch postmarked on or before April 10 of the previous year. A trapper that fails to submit a report of catch must wait one year before purchasing another trapping license. False reports will be considered the same as failure to return the catch report.

It is unlawful to: Trap for wild animals before October 1, and after March 15, in western Washington, except that owners of, or persons legally controlling a property (or their designee) may trap unclassified wild animals that are causing damage or depredating on said property.

It is unlawful to: Place traps or establish drowning wires and weights prior to 7:00 a.m. on the opening date of the trapping season. All opening and closing season dates are inclusive.

Trapping Seasons:

General Western Washington Trapping Seasons (Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Whatcom counties):

SPECIES	OPENING DATE	CLOSING DATE
Bobcat((, Red Fox, and Weasel))	November 15, 2003 November 20, 2004 November 19, 2005	February 15, 2004 February ((15)) 28, 2005 February ((15)) 28, 2006
Beaver, River Otter, Red Fox, Weasel, Marten, Mink, Muskrat, and Raccoon	November 15, 2003 November ((20)) 1, 2004 November ((19)) 1, 2005	January 31, 2004 ((January)) March 31, 2005 ((January)) March 31, 2006
((Beaver and River Otter	December 13, 2003 December 11, 2004 December 10, 2005	February 15, 2004 February 15, 2005 February 15, 2006))

Exceptions to General Western Washington Trapping Seasons:

Game Management Unit 522 (Loo-wit) (Cowlitz and Skamania counties) is closed to all trapping.

Island County

The red fox season is closed.

Lewis County

Green River drainage, above and including Miners Creek drainage, is closed to all trapping except for bobcat and coyote.

Skagit and Whatcom counties

Ross Lake National Recreation Area is closed to all trapping. Red fox season is closed, except within the boundaries of Mount Baker-Snoqualmie and Okanogan National Forests.

Skamania County

The following areas are closed to all trapping, except for bobcat and coyote: Muddy River drainage, above and including Bean Creek drainage; Pine Creek drainage above USFS Road 83; and Green River drainage, above and including Miners Creek drainage.

General Eastern Washington Trapping Seasons (Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties):

SPECIES		OPENING DATE	CLOSING DATE
((Badger, Beaver,)) Bobcat((, Mink, Muskrat, Raccoon, Red Fox, and Weasel))		November 8, 2003 November ((13)) 20, 2004 November ((12)) 19, 2005	February 28, 2004 February 28, 2005 February 28, 2006
((Marten		December 15, 2003 December 15, 2004 December 15, 2005	January 31, 2004 January 31, 2005 January 31, 2006))
Badger, Beaver, Mink, Muskrat, Raccoon, Red Fox, Weasel, Marten, River Otter (Season Bag Limit is 6 River Otter in Eastern Washington)		November 8, 2003 November ((13)) 1, 2004 November ((12)) 1, 2005	February 28, 2004 ((February 28)) March 31, 2005 ((February 28)) March 31, 2006

Exceptions to General Eastern Washington Trapping Seasons:

River otter trapping season is closed in all Eastern Washington counties, except that it is open in Chelan, Ferry, Klickitat, Kittitas, Okanogan, Pend Oreille, Spokane, Stevens, and Yakima counties, as well as in the Snake and Walla Walla River drainages.

Chelan County

Beaver season is closed in Swakane and Mudd Creek drainages.

Columbia County

Trapping is not allowed on the Umatilla Tribes Rainwater Wildlife Area in Columbia County, as per their management plan.

Kittitas County

Beaver season is closed in the following drainages: North fork of Tarpiscan Creek and Umtanum Creek.

Urban Trapping Areas: Special Regulations and Trap Restrictions

The following described areas are closed to the taking of classified furbearing animals, and coyote, opossum, nutria, and skunk, by the use of body-gripping or kill traps except by permit under WAC 232-12-141.

Thurston County, within the established city limits (including county islands) of Lacey, Olympia, and Tumwater.

Within Snohomish, King, and Pierce counties: Beginning at the confluence of Snohomish River and Puget Sound; east up Snohomish River to Interstate 5 (I-5); south on I-5 to Interstate 405 (I-405); south on I-405 to I-5; south on I-5 to Pioneer Way; east on Pioneer Way to Waller Road; south on Waller Road to SR 512; west on SR 512 to Highway 7; south on Highway 7 and Highway 507 to Pierce County line; north on Pierce County line to Puget Sound; north along coast to mouth of Snohomish River and point of beginning.

[Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-515, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-515, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. 00-20-032 (Order 00-197), § 232-28-515, filed 9/27/00, effective 10/28/00; 98-01-208 (Order 97-252), § 232-28-515, filed 12/23/97, effective 1/23/98.]

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