Effective Date of Rule: Thirty-one days after filing.

     Purpose: Adopting WAC 232-12-421 Hunt or possess big game without an access permit, 232-12-422 Hunt or possess a wild animal or wild bird without an access permit, and 232-12-423 Public hunting defined and access contracts.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 05-24-081 on December 5, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 20, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8504.1

NEW SECTION
WAC 232-12-421   Hunt or possess big game without an access permit.   (1) It is unlawful to hunt for big game or possess big game taken on property in an access contract between the landowner or land manager and the department, unless:

     (a) The hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits; or

     (b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

     (2) Each big game animal possessed in violation of this section shall be treated as a separate offense under RCW 77.15.030.

     (3) Violation of this section is punishable under RCW 77.15.410, unlawful recreational hunting of big game in the second degree, unless the hunting for or possession of big game constitutes unlawful recreational hunting of big game in the first degree.

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OTS-8505.1

NEW SECTION
WAC 232-12-422   Hunt or possess a wild animal or wild bird without an access permit.   (1) It is unlawful to hunt for a wild bird or wild animal, except big game, or possess any wild bird or wild animal, except big game, taken on property in an access contract between the landowner or land manager and the department, unless:

     (a) The hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits; or

     (b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

     (2) Violation of this section is punishable under RCW 77.15.400 or 77.15.430.

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OTS-8506.1

NEW SECTION
WAC 232-12-423   Public hunting defined and access contracts.   "Public hunting" generally means that land is open to hunting for all licensed hunters.

     (1) For the purpose of defining the term "public hunting" for payment of crop damage in RCW 77.36.060, "public hunting" has been allowed by the landowner when:

     (a) The landowner opens the property on which the damage is claimed under RCW 77.36.040, for general access to all licensed hunters; or

     (b) The landowner had entered into and complied with an access contract with the department covering the land(s) on which the damage is claimed under RCW 77.36.040, for the hunting season prior to the occurrence of the damage.

     (2) Access contracts shall require that:

     (a) The land is open to general access to all licensed hunters; or

     (b) The landowner allows the department to select the hunters who are authorized to access the land; or

     (c) The landowner and the department share selection of the hunters authorized to hunt on the landowner's land consistent with applicable commission policy or rule.

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