WSR 03-06-107

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 5, 2003, 10:23 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-02-102.

     Purpose: Amend WAC 232-28-515 Trapping seasons and regulations.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: The recommended change is status quo trapping seasons with calendar date changes only. Clarification is also recommended on trapping seasons in Columbia County on tribal lands.

     Reasons Supporting Proposal: Furbearer populations appear to be stable to increasing.

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

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

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Rule establishes trapping seasons and bag limits for furbearer species. The purpose is to maximize trapping opportunity consistent with population objectives. The anticipated effect is status quo seasons with sustainable furbearer populations.

     Proposal Changes the Following Existing Rules: Calendar date changes to establish 2003-2005 furbearer trapping seasons and bag limits. Clarifies trapping regulations in Columbia County.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     1. Description of Reporting, Recordkeeping and Other Compliance Measures Required by Proposal: Trappers are required to report their harvest using the "Trapper's Report of Catch" form by April 10 of each year. This is not a new requirement.

     2. Professional Services Required for Compliance: None

     3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.

     4. Will Compliance Cost Businesses to Lose Sales or Revenue? No.

     5. Comparison of Costs for the 10% of Businesses That Are the Largest Businesses Required to Comply with the Proposed rule: No additional costs.

     6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses: No costs to small businesses.

     7. Description of How the Agency Will Involve Small Businesses in Rule Development: All small businesses have an opportunity to comment on rule development through written and oral comment periods.

     8. List of Industries Required to Comply with this Rule: All licensed trappers that trap furbearers for fur commerce.

     A copy of the statement may be obtained by writing to Wildlife Program, Attn: Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Moses Lake Convention Center, 1475 Nelson Road, Moses Lake, WA 98837, on April 11-12, 2003, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Susan Yeager by April 7, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Washington Department of Fish and Wildlife, Attn: Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 25, 2003.

     Date of Intended Adoption: April 11, 2003.

March 5, 2003

Evan Jacoby

Rules Coordinator


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

WAC 232-28-515   Trapping seasons and regulations.   Trapping Regulations


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 18, 2000

November 17, 2001

November 16, 2002))

November 15, 2003

November 20, 2004

November 19, 2005

((February 15, 2001

February 15, 2002

February 15, 2003))

February 15, 2004

February 15, 2005

February 15, 2006

Marten, Mink, Muskrat, and Raccoon ((November 18, 2000

November 17, 2001

November 16, 2002))

November 15, 2003

November 20, 2004

November 19, 2005

((January 31, 2001

January 31, 2002

January 31, 2003))

January 31, 2004

January 31, 2005

January 31, 2006

Beaver and River Otter ((December 9, 2000

December 8, 2001

December 14, 2002))

December 13, 2003

December 11, 2004

December 10, 2005

((February 15, 2001

February 15, 2002

February 15, 2003))

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 11, 2000

November 10, 2001

November 9, 2002))

November 8, 2003

November 13, 2004

November 12, 2005

((February 28, 2001

February 28, 2002

February 28, 2003))

February 28, 2004

February 28, 2005

February 28, 2006

Marten ((December 15, 2000

December 15, 2001

December 15, 2002))

December 15, 2003

December 15, 2004

December 15, 2005

((January 31, 2001

January 31, 2002

January 31, 2003))

January 31, 2004

January 31, 2005

January 31, 2006

River Otter

(Season Bag

Limit is 6 River

Otter in Eastern

Washington)

((November 11, 2000

November 10, 2001

November 9, 2002))

November 8, 2003

November 13, 2004

November 12, 2005

((February 28, 2001

February 28, 2002

February 28, 2003))

February 28, 2004

February 28, 2005

February 28, 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 77.12.040, 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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