PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-02-096.
Title of Rule and Other Identifying Information: WAC 232-28-286 2007, 2008, and 2009 Spring black bear seasons and regulations, 232-28-272 2003-2004, 2004-2005 and 2005-2006 Black bear and cougar hunting seasons and regulations, 232-12-024 Requirements for sealing of pelts and collection of biological information for river otter, cougar, lynx, and bobcat, and 232-28-284 Spring black bear seasons and regulations.
Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 596-9100, on April 7-8, 2006, at 8:00 a.m.
Date of Intended Adoption: April 7, 2006.
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) 902-2162, by Monday, March 24, 2006.
Assistance for Persons with Disabilities: Contact Nancy Burkhart by April 5, 2006, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-286, the rule establishes spring black bear hunting seasons for 2007, 2008, and 2009. The purpose is to use spring bear hunts to address timber damage, bear complaints, female bear harvest, and to better distribute harvest. The anticipated effect of the recommendation is to reduce damage and complaints with a sustainable bear population.
WAC 232-28-272, the rule establishes hunting seasons for black bear and cougar. The purpose of the recommended change is to maximize recreational hunting opportunities for bear and cougar while maintaining sustainable populations. The anticipated effect of the recommendation is stable bear populations statewide and declining cougar populations statewide.
WAC 232-12-024, the rule establishes pelt-sealing requirements for river otter, cougar, lynx, and bobcat. The purpose of the recommended change is to clarify that hunters must contact the agency within 72 hours of harvesting a cougar without the aid of dogs, compared to 24 hours with the aid of dogs. The anticipated effect of the recommendation is clarification only.
WAC 232-28-285, rule is being replaced by WAC 232-28-286.
Reasons Supporting Proposal: WAC 232-28-286, to address timber damage, bear complaints, female bear harvest, and to better distribute harvest.
WAC 232-28-272, biological data supports status quo seasons for bear and cougar.
WAC 232-12-024, timely notification of cougar harvest allows the department to manage quota levels for cougar and coordinate sealing times with hunters.
WAC 232-28-285, rule is being replaced by WAC 232-28-286.
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.
March 1, 2006
Evan Jacoby
Rules Coordinator
Who may apply: Anyone with a valid Washington big game
license, which includes black bear as a species option.
Hunt areas, permit levels, and season dates for each license
year:
| Hunt name | Hunt area | Permits | Season datesb |
| Sherman | GMU 101 | 15 | April 15 – May 31 |
| Kelly Hill | GMU 105 | 10 | April 15 – May 31 |
| Douglas | GMU 108 | 5 | April 15 – May 31 |
| Aladdin | GMU 111 | 10 | April 15 – May 31 |
| 49 Degrees North | GMU 117 | 15 | April 15 – May 31 |
| Huckleberry | GMU 121 | 15 | April 15 – May 31 |
| Blue Creek | GMU 154 | 15 | April 15 – May 31 |
| Dayton | GMU 162 | 15 | April 15 – May 31 |
| Tucannon | GMU 166 | 5 | April 15 – May 31 |
| Wenaha | GMU 169 | 30 | April 15 – May 31 |
| Mt. View | GMU 172 | 15 | April 15 – May 31 |
| Lick Creek | GMU 175 | 15 | April 15 – May 31 |
| Grande Ronde | GMU 186 | 5 | April 15 – May 31 |
| Copalisa | GMU 642 | 100 | April 15 – June 15 |
| Kapowsin Southa | That portion of GMUs 653 and 654 that is designated as Kapowsin South by Hancock Forest Management | 100 | April 15 – June 15 |
| Capitol Foresta | That portion of Capitol Forest within GMU 663 | 100 | April 15 – June 15 |
| aSpring black bear hunting seasons under this area constitute a pilot program to reduce black bear damage to
trees. bPermits are valid for the license year they are issued. |
|||
License required: A valid big game hunting license, which
includes black bear as a species option, is required to hunt
black bear. One black bear transport tag is included with a
big game hunting license that has black bear as a species
option.
Hunting method: Hunters may use any lawful big game modern
firearm, archery, or muzzleloader equipment for hunting black
bear. The use of dogs or bait to hunt black bear is
prohibited statewide.
Submitting bear teeth: Successful bear hunters must submit
the black bear premolar located behind the canine tooth of the
upper jaw.
[]
2006-2008 Fall Black Bear Seasons:
((2003 Black bear seasons))
| Black Bear Management Unit | Season | Hunt Area |
| Coastal | Aug. 1 - Nov. 15 | GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684 |
| Puget Sound | Aug. 1 - Nov. 15 | GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667 |
| North Cascades | Aug. 1 - Nov. 15 | GMUs 418-450, 460 |
| South Cascades | Aug. 1 - Nov. 15 | GMUs 466, 485, 503, 505, 510-520, 524, 550-574, 653, 654 |
| Okanogan | Aug. 1 - Nov. 15 | GMUs 203, 209-243 |
| East Cascades | Aug. 1 - Nov. 15 | GMUs 244-247, 249-251, 328, 329-(( |
| Northeastern A | Sept.(( Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 101-117 |
| Northeastern B | Aug. 1 - Nov. 15 | GMUs 121-130, 204 |
| Blue Mountains | Sept. (( Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 145-154, 162-186 |
| Columbia Basin | Aug. 1 - Nov. 15 | GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381 |
| Long Island | Sept. (( Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMU 699 |
Bag Limit: Two (2) black bear per annual hunting season only one of which may be taken in Eastern Washington.
Area Restriction: Special deer permit required to hunt black
bear in GMU 485.
((Spring Permit Black Bear Seasons:
Permit quotas for each license year:
Bag Limit: One (1) black bear per black bear special permit
season.
Permit Season: April 15 - May 31. Permits are valid for the
license year they are issued.))
Requirements for ((Spring and)) Fall Black Bear Seasons:
License Required: A valid big game hunting license, which
includes black bear as a species option, is required to hunt
black bear. One black bear transport tag is included with a
big game hunting license that has black bear as a species
option. A second black bear transport tag must be purchased
to take a second bear.
Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.
Submitting Bear Teeth: Successful bear hunters must submit
the black bear premolar tooth located behind the canine tooth
of the upper jaw.
2006-2007, 2007-2008, and 2008-2009 Cougar Seasons:
((Seasons for each license year, 2003-2005))
| Unit | Season | Hunt Area | Special Restrictions |
| Coastal | Aug. 1 - Mar. 15 | GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699 | Any legal weapon |
| Puget Sound | Aug. 1 - Mar. 15 | GMUs 407, 410, 454, 624-633, 652, 666 | Any legal weapon |
| North Cascades |
Aug. 1 - Mar. 15 | GMUs 418, 426, 437, 448, 450, 460, 466, 485 | Any legal weapon |
| South Cascades |
Aug. 1 - Mar. 15 | GMUs 503, 505, 510-520, 524, 550-574, 653, 654, 667 | Any legal weapon |
| East Cascades North A |
Aug. 1 - Mar. 15 | GMUs 328, 329, 334-340 | Any legal weapon |
| East Cascades North B |
(( Oct. 14 - Nov. 5 |
GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Any legal weapon |
| East Cascades North C |
Sept. 1 - Nov. 30 | GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| East Cascades South | Aug. 1 - Mar. 15 | GMUs 342-368, 382, 388, 578(( |
Any legal weapon |
| Northeastern A | Aug. 1 - Mar. 15 | GMUs 124-133 | Any legal weapon |
| Northeastern B | (( Oct. 14 - Nov. 5 |
GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Any legal weapon |
| Northeastern C | Sept. 1 - Nov. 30 | GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| Blue Mountains |
Aug. 1 - Mar. 15 | GMUs 145-154, 162-186 | Any legal weapon |
| Columbia Basin |
Aug. 1 - Mar. 15 | GMUs 136-142, 248, 254-290,
330, 371(( |
Any legal weapon |
Requirements for Cougar Seasons:
License Required: A valid big game hunting license which
includes cougar as a species option is required to hunt
cougar.
Bag Limit: Two (2) cougar per license year excluding public
safety cougar removals. It is unlawful to kill or possess
spotted cougar kittens or adult cougars accompanied by spotted
kittens.
Area Restriction: Special deer permit required to hunt cougar
in GMU 485.
Tag Information: One cougar transport tag is included with a
big game license that has cougar as a species option. A
second cougar transport tag must be purchased to take a second
cougar.
Hunting Method: Hunters may use any lawful big game modern
firearm, archery, or muzzleloader equipment for hunting
cougar. The use of hounds to hunt cougar is prohibited except
by a public safety cougar removal permit (WAC 232-12-243) or
commission authorized hound permit (WAC 232-28-285).
Cougar Pelt Sealing: Any person who takes a cougar ((must
notify the department within 72 hours of kill (excluding legal
state holidays) and provide the hunter's name, date and
location of kill, and sex of animal. The raw pelt of a cougar
must be sealed by an authorized department employee within
five days of the notification of kill. Any person who takes a
cougar must present the cougar skull, in such a manner that
teeth and biological samples can be extracted, to an
authorized department employee at the time of sealing)) must
comply with the sealing requirements in WAC 232-12-024.
[Statutory Authority: RCW 77.12.047. 04-21-036 (Order 04-284), § 232-28-272, filed 10/14/04, effective 11/14/04. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-272, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-272, filed 6/12/03, effective 7/13/03; 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 99-118, filed 8/11/99,
effective 9/11/99)
WAC 232-12-024
Requirements for sealing of pelts and
collection of biological information for river otter, cougar,
lynx, and bobcat.
(1) It is unlawful to possess river otter,
cougar, lynx, or bobcat taken in Washington without a
department identification seal which has been attached to the
raw pelt, on or off the carcass, prior to the pelt sealing
deadline.
(2) Any river otter, cougar, or bobcat raw pelt must be presented by the person harvesting the animal, in such a manner that teeth and biological samples can be extracted, to an authorized department employee for sealing.
(3) The raw pelt of a bobcat or river otter must be sealed by an authorized department employee within 20 days after the close of the appropriate hunting or trapping season in which it was killed.
(4) Any person who takes a cougar without the use of dogs must notify the department within 72 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. Any person who takes a cougar with the use of dogs must notify the department within 24 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within five days of the notification of kill.
Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.
(5) It is unlawful to transport or cause the transport out of Washington a raw pelt of river otter, cougar, lynx, or bobcat taken in Washington without a department seal attached to the pelt.
(6) The raw pelt of a river otter, cougar, lynx, or bobcat taken outside Washington and imported into the state must be identified by a tag and/or seal from the state or country of origin and be accompanied by an invoice or declaration specifying the number of pelts in the shipment.
(7) It is unlawful to possess an unlocked, broken, or otherwise open department seal for river otter, cougar, lynx, or bobcat unless the seal wire or band has been cut through and removed from a pelt that has been received and invoiced by a licensed taxidermist or fur dealer for processing or removed from a pelt that has been processed.
[Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-024, filed 8/11/99, effective 9/11/99; 94-18-059 (Order 94-58), § 232-12-024, filed 8/31/94, effective 10/1/94. Statutory Authority: RCW 77.12.030, 77.12.040 and 77.32.220. 91-13-063 (Order 498), § 232-12-024, filed 6/17/91, effective 7/18/91; 89-18-015 (Order 404), § 232-12-024, filed 8/28/89, effective 9/28/89. Statutory Authority: RCW 77.12.030 and 77.12.040. 88-13-091 (Order 312), § 232-12-024, filed 6/20/88. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-024, filed 6/1/81. Formerly WAC 232-12-065.]
The following section of the Washington Administrative
Code is repealed effective June 16, 2006:
| WAC 232-28-284 | Spring black bear seasons and regulations |