WSR 15-04-114 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed February 3, 2015, 10:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-24-118 on December 3, 2014.
Title of Rule and Other Identifying Information: WAC 232-28-296 Landowner hunting permits.
Hearing Location(s): Civic Center, 411 South Balsam Street, Moses Lake, WA 98837, on March 20-21, 2015, at 8:00 a.m.
Date of Intended Adoption: On or after April 9, 2015.
Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail wildthing@dfw.wa.gov, fax (360) 902-2162, by February 24, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by March 1, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-296, this proposal modifies hunt dates and permit levels on properties enrolled in Washington department of fish and wildlife's (WDFW) landowner hunting permit (LHP) program for the 2015-17 hunting seasons. These sites offer special hunting opportunities to the public through permits issued by WDFW, raffles, or selection by the landowner.
One LHP owner has elected not to continue in the program and a new landowner is proposed to be added. In lieu of special permits on the new LHP site, hunting will be available to hunters through WDFW's hunt by reservation program which will result in greater hunting opportunity than would be realized through the standard guidelines.
Reasons Supporting Proposal: WAC 232-28-296, several years ago, the fish and wildlife commission developed a policy to expand the private lands available to the general public for hunting. One of the programs that was authorized is the LHP program. This program encourages landowners to provide opportunity to the general hunter in exchange for customized hunting seasons and the ability to generate funding to offset the cost of providing public access.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.150, and 77.12.240.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.150, and 77.12.240.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: When filing the permanent rule-making order (CR-103P), the WAC sections containing rule amendments will be consolidated into two or three order typing service (OTS) documents.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resource[s] Building, (360) 902-2515; and Enforcement: Steven Crown, Natural Resource[s] Building, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply to recreational hunting and do not affect small business.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
February 3, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-10-019, filed 4/25/14, effective 5/26/14)
WAC 232-28-296 Landowner hunting permits.
(1) A landowner may enter into a contract with the department and establish boundaries and other requirements for hunter access consistent with commission policy.
(2) It is unlawful for hunters to participate in landowner-permit hunts unless the hunters possess both an access permit from the landowner and a hunting permit from the department for the species covered under the landowner's contract. A violation of this section is punishable under RCW 77.15.410.
(3)(a) Buckrun
(i) Buckrun is located in Grant County, near the town of Wilson Creek.
(ii) Hunting on Buckrun is managed for a quality experience by scheduling hunt dates and keeping the number of hunters in the field low. Hunters with limited flexibility for hunt dates may experience scheduling problems. Hunters can generally expect one-day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out with the landowner or their designee on hunt day. Hunts ((will be)) are scheduled on a first-come basis by calling 509-345-2577 in advance.
(b) Buckrun landowner hunting permits
(i) Buckrun's manager will distribute Buckrun's landowner hunting permits. Buckrun may charge an access fee for these permits, but not for winning raffle permits. Only hunters possessing a modern firearm deer tag are eligible for permits on Buckrun's properties. Contact the manager at 509-345-2577 for additional information.
(ii) Deer Seasons:
(c) Buckrun special hunting permits
(i) Hunters must apply to the Washington department of fish and wildlife for Buckrun's special hunting permits. Only hunters possessing a modern firearm deer tag are eligible for these special permits. All hunters must check in and out with the landowner or their designee. Hunts ((should)) must be scheduled in advance by calling 509-345-2577.
(ii) Deer Seasons:
(4)(a) Silver Dollar Association
The Silver Dollar Association is located in Yakima and Benton counties, on the western edge of the Hanford Reservation. A legal description of the property is in the contract between the Silver Dollar Association and the department.
(b) Silver Dollar Association landowner hunting permits
(i) The Silver Dollar Association's manager will distribute the association's landowner hunting permits. The association may charge an access fee for these permits.
(ii) Elk Seasons:
(c) Silver Dollar Association special hunting permits
(i) Hunters must apply to the ((Washington)) department ((of fish and wildlife)) for the Silver Dollar Association's special hunting permits.
(ii) Elk Seasons:
(5)(a) Blackrock Ranches
Blackrock Ranches is located in Yakima County west of the Hanford Reservation. A legal description of the property is in the contract between Blackrock Ranches and the department.
(b) Blackrock Ranches landowner hunting permits
(i) Blackrock Ranches' manager will distribute the ranches' landowner hunting permits. Blackrock Ranches may charge an access fee for these permits.
(ii) Elk Seasons:
(c) Blackrock Ranches special hunting permits
(i) Hunters must apply to the ((Washington)) department ((of fish and wildlife)) for Blackrock Ranches' special hunting permits. To apply, hunters must have an eastside elk tag.
(ii) Elk Seasons:
(6)(a) Pine Mountain Ranch
The Pine Mountain Ranch is located in Yakima County 14 miles west of Yakima. A legal description of the property is in the contract between the Pine Mountain Ranch and the department.
(b) Pine Mountain Ranch landowner hunting permits
(i) Pine Mountain Ranch's manager will distribute the ranch's landowner hunting permits. Pine Mountain Ranch may charge an access fee for these permits.
(ii) Deer Seasons:
(iii) Elk Seasons:
(c) Pine Mountain Ranch special hunting permits
(i) Hunters must apply to the ((Washington)) department ((of fish and wildlife)) for Pine Mountain Ranch's special hunting permits.
(ii) Deer Seasons:
(iii) Elk Seasons:
(7)(a) ((4-0 Ranch
The 4-0 Ranch is located in Asotin County (GMU 172), south of Asotin. A legal description of the property is in the contract between the 4-0 Ranch and the department.
(b) 4-0 Ranch landowner hunting permits
The 4-0 Ranch's manager will distribute the ranch's landowner hunting permits. The 4-0 Ranch may charge an access fee for these permits.
Deer
Elk
(c) 4-0 Ranch special hunting permits
Hunters must apply to the Washington department of fish and wildlife for the ranch's special hunting permits. Hunters must have an Eastside Elk tag to apply for 4-0 Ranch's elk permits.
Deer
Elk
Bennett Lumber LHP
(i) The Bennett Lumber property is located in Asotin, Columbia, Garfield, and Walla Walla counties (GMUs 154, 162, 166, 172, and 178). A legal description of the property is in the contract between Bennett Lumber and the department.
(ii) Special hunting permits are not issued by the department for the Bennett Lumber LHP. Instead, Bennett Lumber will be enrolling in the hunt by reservation program to provide regulated public access to all of their property. The landowner and the department will develop a framework for scheduling reservation hunts on the property which will result in hunting opportunity exceeding that which otherwise would be available using the standard allocation guidelines for LHPs.
(b) Bennett Lumber landowner hunting permits
(i) Bennett Lumber's manager will distribute the ranch's landowner hunting permits. Bennett Lumber may charge an access fee for these permits.
(ii) Deer Seasons:
(iii) Elk Seasons:
(8)(a) ZMI Ranch
ZMI Ranch is located in northern Walla Walla County near Lyons Ferry (GMU 149).
(b) ZMI Ranch landowner hunting permits
(i) ZMI Ranch's manager will distribute the ranch's landowner hunting permits. ZMI Ranch may charge an access fee for these permits.
(ii) Deer Seasons:
(c) ZMI Ranch special hunting permits
(i) Hunters must apply to the ((Washington)) department ((of fish and wildlife)) for ZMI Ranch's special hunting permits. Only hunters possessing a modern firearm deer tag are eligible for ZMI special permits. Hunters must ((call)) contact ZMI Ranch's manager to schedule a hunt time. All hunters must check in and out with the landowner or their designee on the day they hunt.
(ii) Deer Seasons:
(9)(a) Columbia Plateau Wildlife Management Association
(i) The Columbia Plateau Wildlife Management Association (CPWMA) landowner hunting permit area is located in Spokane County (GMU 130) near Turnbull National Wildlife Refuge. ((Landowner permit hunts are primarily damage hunts but are managed for a quality experience by keeping the number of hunters in the field low.)) A legal description of the property is in the contract between the CPWMA and the department.
(ii) Landowner permit hunts are primarily damage hunts but are managed for a quality experience by keeping the number of hunters in the field low.
(b) Columbia Plateau Wildlife Management Association landowner hunting permits
(i) CPWMA's manager will distribute the association's landowner hunting permits. CPWMA will not charge an access fee for raffle permit winners. Only hunters possessing an elk tag are eligible for permits on CPWMA's properties. All successfully drawn permit applicants must have written authorization from CPWMA's manager and must check in and out with CPWMA's designee at the beginning and ending of the scheduled hunting dates. Successful applicants will receive a packet of information with forms to ((fill out)) complete and a map showing the hunt area. These applicants must ((fill out)) complete the forms and return them before ((Sept.)) September 30. Applicants should see CPWMA's web site at www.cpwma.org or contact the hunt manager at 509-263-4616.
(ii) Elk Seasons:
(c) Columbia Plateau Wildlife Management Association special hunting permits
(i) Hunters must apply to the ((Washington)) department ((of fish and wildlife)) for CPWMA's special hunting permits. All successfully drawn permit applicants must have written authorization from CPWMA's manager and must check in and out with CPWMA's designee at the beginning and ending of the scheduled hunting dates. Successful applicants will receive a packet of required information with forms to ((fill out)) complete and a map showing the hunt area. These applicants must ((fill out)) complete the forms and return them before ((Sept.)) September 30. Applicants should see CPWMA's web site at www.cpwma.org or contact the hunt manager at 509-263-4616.
(ii) Elk Seasons:
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