PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adopting WAC 232-28-295 Landowner hunting permits and 232-28-294 Multiple season big game permits; amending WAC 232-28-293 Landowner raffle hunts, 232-12-014 Wildlife classified as endangered species and 232-12-011 Wildlife classified as protected shall not be hunted or fished; and repealing WAC 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-271; and amending WAC 232-28-293, 232-12-014, and 232-12-011.
Statutory Authority for Adoption: RCW 77.12.047, 77.12.020.
Adopted under notice filed as WSR 05-24-094 on December 5, 2005, and WSR 05-24-082 on December 7, 2005.
Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-295 Landowner hunting permits, changes, if any, from the text of the proposed rule and reasons for difference:
• After the title "Buckrun:", add the following language to more clearly identify the location of the property and clarify the expectations for hunters and property management:
"Buckrun is located in Grant County, near the town of Wilson Creek. A legal description of the property has been filed with the county and is in the contract between Buckrun and the department.
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 (1) day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling (509) 345-2577."
• The subtitle following the previous narrative should read: "2006 Buckrun Landowner Hunting Permits."
• In the paragraph that follows the subtitle "2006 Buckrun Landowner Hunting Permits" after the second sentence add: "No access fee will be charged for the raffle permit winners." This makes it clear that access fees will not be charged for the raffle permits.
• In the same paragraph, delete the last sentence and replace it with: "Contact the manager at (509) 345-2577 for additional information." This removes the individual's name.
• After further discussions with the Buckrun managers, the permit numbers and restrictions have been modified. Replace the original permit table with the following:
| Hunt Name | Quota Number | Season | Special Restrictions | Area |
| Buckrun | 10 | Sept. 1- Oct. 13 |
Antlerless Only | Buckrun |
| Buckrun | 15 | Oct. 23- Dec. 31 |
Antlerless Only | Buckrun |
| Buckrun | 13 | Sept. 1- Oct. 13 |
3 pt. Max. buck* or antlerless | Buckrun |
| Buckrun | 13 | Oct. 23- Dec. 31 |
3 pt. Max. buck* or antlerless | Buckrun |
| Buckrun | 4 | Sept. 1- Dec. 31 |
any deer | Buckrun |
| Buckrun Raffle | 2 | Sept. 1- Dec. 31 |
any deer (3 day guided hunt) | Buckrun |
• The paragraph and table following the subtitle: "2006 Buckrun Special Hunting Permits" should read as follows to reflect further discussions and agreements with the Buckrun manager.
"Hunters apply to the Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm deer tag are eligible for Buckrun Special Permits. Hunters can generally expect one day hunts during the permit season with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577."
| Hunt Name | Permit Number | Season | Special Restrictions | Area |
| Buckrun A | 10 | Sept. 1- Oct. 13 |
Antlerless
Only Youth hunters |
Buckrun |
| Buckrun B | 10 | Sept. 1- Oct. 13 |
Antlerless
Only Disabled hunters |
Buckrun |
| Buckrun C | 5 | Oct. 23- Dec. 31 |
Antlerless
Only Senior hunters (65+) |
Buckrun |
| Buckrun D | 4 | Sept. 1- Oct. 13 |
3 pt. max. buck* or antlerless | Buckrun |
| Buckrun E | 4 | Oct. 23- Dec. 31 |
3 pt. max. buck* or antlerless | Buckrun |
WAC 232-28-293 Landowner raffle hunts, changes, if any, from the text of the proposed rule and reasons for difference:
Under subsection number 4 the text should read:
4. The landowner deer or elk raffle hunt winners may
purchase an additional deer or elk hunting license and obtain
a second transport tag ((if desired)) for use on the
contracted lands if approved and authorized by the cooperating
private landowner.
This change clarifies where the second license may be used and allows the landowners the option of not using the second license and tag incentive.
WAC 232-28-294 Multiple season beg [big] game permits, changes, if any, from the text of the proposed rule and reasons for difference:
• After subsection number 3, a new section should be added that reads:
4. Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.
This change clarifies that the permit hunters must abide by all general season rules established for a particular area or unit.
• In the table at the bottom of the page under "Dates," add the words "and regulations."
• In the table at the bottom of the page under "Legal Animal," the first row should say "Any legal buck consistent with the game management unit or area restrictions." The second row should say "Any legal bull consistent with the game management unit or area restrictions."
These changes make it clear that the permit holders are restricted to harvesting the same bucks or bulls as general season hunters.
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 2, Amended 3, Repealed 1.
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 13, 2006.
Nancy Burkhart
for Ron Ozment, Chair
Fish and Wildlife Commission
OTS-8611.1
NEW SECTION
WAC 232-28-295
Landowner hunting permits.
A landowner
may enter into a contract with the department and establish
boundaries and other requirements for hunter access consistent
with commission policy.
Hunters must possess both an access permit from the landowner and a hunting permit from the department when hunting on lands and for species covered under contract.
Buckrun
Buckrun is located in Grant County, near the town of Wilson
Creek. A legal description of the property has been filed
with the county and is in the contract between Buckrun and the
department.
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 on hunt day. Schedule hunts in advance by
calling 509-345-2577.
Mule and Whitetail Deer
2006 Buckrun Landowner Hunting Permits
The manager of Buckrun will distribute these hunting permits.
An access fee may be charged in order to utilize these
permits. No access fee will be charged for the raffle permit
winners. Only hunters possessing a modern firearm deer tag
are eligible for permits on Buckrun properties. Contact the
manager at 509-345-2577 for additional information.
| Hunt Name | Quota | Access Season | Special Restrictions | Boundary Description |
| Buckrun | 10 | Sept. 1 - Oct. 13 | Antlerless only | Buckrun |
| Buckrun | 15 | Oct. 23 - Dec. 31 | Antlerless only | Buckrun |
| Buckrun | 13 | Sept. 1 - Oct. 13 | 3 pt. max. buck* or antlerless | Buckrun |
| Buckrun | 13 | Oct. 23 - Dec. 31 | 3 pt. max. buck* or antlerless | Buckrun |
| Buckrun | 4 | Sept. 1 - Dec. 31 | Any deer | Buckrun |
| Buckrun Raffle | 2 | Sept. 1 - Dec. 31 | Any deer (3 day guided hunt) | Buckrun |
2006 Buckrun Special Hunting Permits
Hunters apply to Washington department of fish and wildlife
for these permits. Only hunters possessing a modern firearm
deer tag are eligible for Buckrun special permits. Hunters
can generally expect one day hunts during the permit season
with written authorization from the Buckrun manager. All
hunters must check in and out on hunt day. Schedule hunts in
advance by calling 509-345-2577.
| Hunt Name | Permit Number | Permit Season | Special Restrictions | Boundary Description |
| Buckrun A | 10 | Sept. 1 - Oct. 13 | Antlerless only youth hunters | Buckrun |
| Buckrun B | 10 | Sept. 1 - Oct. 13 | Antlerless only disabled hunters | Buckrun |
| Buckrun C | 5 | Oct. 23 - Dec. 31 | Antlerless only senior hunters (65+) | Buckrun |
| Buckrun D | 4 | Sept. 1 - Oct. 13 | 3 pt. max. buck* or antlerless | Buckrun |
| Buckrun E | 4 | Oct. 23 - Dec. 31 | 3 pt. max. buck* or antlerless | Buckrun |
| *3 Pt. maximum - A legal buck must have no more than 3 antler points on either antler (i.e., 1x1, 1x2, 1x3, 2x2, 2x3, 3x3 are legal). All antler points must be at least one inch long. Antler points EXCLUDE eye guards. | ||||
[]
OTS-8610.2
NEW SECTION
WAC 232-28-294
Multiple season big game permits.
The
commission may, by rule, offer permits for hunters to hunt
deer or elk during more than one general season.
An annual drawing will be conducted by the department for multiple season permits.
(1) Multiple season big game hunting permit applications:
(a) To apply for multiple season big game hunting season permits for deer or elk, applicants must purchase and submit a permit application.
(b) No refunds or exchanges for applications will be made for persons applying for multiple season big game hunting season permits after the drawing has been held.
(c) An applicant may purchase only one application for a multiple season big game hunting season permit for each species.
(d) Permits will be randomly drawn by computer selection.
(e) Incomplete applications will not be accepted.
(f) The department will establish application and drawing dates.
(2) The bag limit for this permit is one deer or elk.
(3) Multiple season permits:
(a) Hunters who are drawn will be required to purchase their original deer or elk license, corresponding to their permit, and the multiple season big game permit.
(b) Successful applicants must purchase their multiple season permit within thirty days of the drawing notification date. If they have not purchased the multiple season permit by the deadline, the next person drawn will be offered the permit.
(c) The permits are not transferable.
(4) Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.
| Number of Permits | Dates | Game Management Units (GMUs) | Legal Animal |
| Multiple Season Deer Permits | |||
| 1500 | Sept. 1 - December 31 within established general seasons and regulations for deer by the commission | Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters | Any legal buck consistent with the game management unit or area restrictions |
| Multiple Season Elk Permits | |||
| 500 | Sept. 1 - December 31 within established general seasons and regulations for elk by the commission | Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters | Any legal bull consistent with the game management unit or area restrictions |
[]
OTS-8609.1
AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01,
effective 5/27/01)
WAC 232-28-293
((PLWMA)) Landowner raffle hunts.
The
commission, in consultation with the director and by agreement
with ((a)) cooperating private ((lands wildlife management
area (PLWMA))) landowners, may authorize hunts for big game
animals through raffle.
1. The ((PLWMA)) manager of property under contract with
WDFW will conduct the landowner raffle drawing. Raffle
tickets will be sold for not more than $25.00 each.
2. Any person may purchase ((PLWMA)) landowner raffle
tickets in addition to WDFW raffle tickets and participate in
auctions and special hunting season permit drawings.
3. The ((PLWMA)) landowner raffle winners must possess
the appropriate hunting license and transport tag prior to
participating in the ((PLWMA)) landowner raffle hunt.
4. The ((PLWMA)) landowner deer or elk raffle hunt
winners may purchase an additional deer or elk hunting license
and obtain a second transport tag ((if desired)) for use on
the contracted lands if approved and authorized by the
cooperating private landowner.
5. If an additional deer or elk hunting license and
transport tag are acquired by a raffle winner, the additional
transport tag can only be used on the ((PLWMA)) contracted
lands during the raffle hunt.
6. ((The additional deer or elk hunting license and
transport tag must be issued by the Olympia department
headquarters licensing division.
7.)) Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.
((8.)) 7. The ((PLWMA)) manager of property under
contract with WDFW who is conducting an authorized raffle will
provide an annual report to the department of fish and
wildlife prior to December 31. The report will include
information on how the event was administered, where and when
it occurred, who the winners were, the cost of tickets, and
the number of tickets sold.
((9.)) 8. Anyone may participate in ((PLWMA)) landowner
raffles.
[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-293, filed 4/26/01, effective 5/27/01.]
OTS-8607.1
AMENDATORY SECTION(Amending Order 02-98, filed 5/10/02,
effective 6/10/02)
WAC 232-12-011
Wildlife classified as protected shall
not be hunted or fished.
Protected wildlife are designated
into three subcategories: Threatened, sensitive, and other.
(1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:
| Common Name | Scientific Name |
| western gray squirrel | Sciurus griseus |
| Steller (northern) sea lion |
Eumetopias jubatus |
| North American lynx | Lynx canadensis |
| (( |
|
| bald eagle | Haliaeetus leucocephalus |
| ferruginous hawk | Buteo regalis |
| marbled murrelet | Brachyramphus marmoratus |
| green sea turtle | Chelonia mydas |
| loggerhead sea turtle | Caretta caretta |
| sage grouse | Centrocercus urophasianus |
| sharp-tailed grouse | Phasianus columbianus |
| Mazama pocket gopher | Thomomys mazama |
(2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:
| Common Name | Scientific Name |
| Gray whale | Eschrichtius gibbosus |
| Common Loon | Gavia immer |
| Peregrine Falcon | Falco peregrinus |
| Larch Mountain salamander |
Plethodon larselli |
| Pygmy whitefish | Prosopium coulteri |
| Margined sculpin | Cottus marginatus |
| Olympic mudminnow | Novumbra hubbsi |
(3) Other protected wildlife include:
| Common Name | Scientific Name |
| cony or pika | Ochotona princeps |
| least chipmunk | Tamius minimus |
| yellow-pine chipmunk | Tamius amoenus |
| Townsend's chipmunk | Tamius townsendii |
| red-tailed chipmunk | Tamius ruficaudus |
| hoary marmot | Marmota caligata |
| Olympic marmot | Marmota olympus |
| Cascade golden-mantled ground squirrel |
Spermophilus saturatus |
| golden-mantled ground squirrel |
Spermophilus lateralis |
| Washington ground squirrel |
Spermophilus washingtoni |
| red squirrel | Tamiasciurus hudsonicus |
| Douglas squirrel | Tamiasciurus douglasii |
| northern flying squirrel | Glaucomys sabrinus |
| wolverine | Gulo gulo |
| painted turtle | Chrysemys picta |
| California mountain kingsnake |
Lampropeltis zonata; |
All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.
[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-011, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), § 232-12-011, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]
| Common Name | Scientific Name |
| pygmy rabbit | Brachylagus idahoensis |
| fisher | Martes pennanti |
| gray wolf | Canis lupus |
| grizzly bear | Ursus arctos |
| sea otter | Enhydra lutris |
| killer whale | Orcinus orca |
| sei whale | Balaenoptera borealis |
| fin whale | Balaenoptera physalus |
| blue whale | Balaenoptera musculus |
| humpback whale | Megaptera novaeangliae |
| black right whale | Balaena glacialis |
| sperm whale | Physeter macrocephalus |
| Columbian white-tailed deer |
Odocoileus virginianus leucurus |
| woodland caribou | Rangifer tarandus caribou |
| American white pelican | Pelecanus erythrorhynchos |
| brown pelican | Pelecanus occidentalis |
| sandhill crane | Grus canadensis |
| snowy plover | charadrius alexandrinus |
| upland sandpiper | Bartramia longicauda |
| spotted owl | Strix occidentalis |
| western pond turtle | Clemmys marmorata |
| leatherback sea turtle | Dermochelys coriacea |
| mardon skipper | Polites mardon |
| Oregon silverspot butterfly |
Speyeria zerene hippolyta |
| Oregon spotted frog | Rana pretiosa |
| northern leopard frog | Rana pipiens |
| Taylor's checkerspot | Euphydryas editha taylori |
| Streaked horned lark | Eremophila alpestris strigata |
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-014, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-014, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-014, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-014, filed 11/6/98, effective 12/7/98; 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]
OTS-8608.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 232-28-271 | Private lands wildlife management area hunting seasons, rules and boundary descriptions. |