WSR 06-06-105

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:34 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-02-096.

     Title of Rule and Other Identifying Information: WAC 232-28-342 2006-07, 2007-08, 2008-09 Small game seasons and 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons.

     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: The purpose of the new rule is to establish hunting season timing, hunting requirements, and applicable permit levels for the following species: Bobcat, raccoon, fox, coyote, forest grouse, pheasant, chukar, gray partridge, mountain quail, California quail, bobwhite, wild turkey, Canada goose, band-tailed pigeon, mourning dove, cottontail rabbits, snowshoe hare, and crow. It also describes falconry and dog training seasons.

     Adoption of the new rule will require WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons to be repealed on June 1, 2006. Major changes found in WAC 232-28-342 are: (1) Increased spring and fall turkey hunting opportunity (including a late fall turkey hunt during the months of November and December), (2) establishment of eastern Washington pheasant season on the first weekend of October, and (3) addition of a fall falconry turkey season.

     Reasons Supporting Proposal:
The upland game advisory committee has reviewed these proposals and is supportive.
Population levels of turkeys and public concerns over turkey overpopulation (nuisance and damage complaints) in some areas are high enough to warrant expanded hunting opportunity.
The public has asked for a stable, predictable pheasant season opening date with season lengths at least as long as they have been historically.

     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


NEW SECTION
WAC 232-28-342   2006-07, 2007-08, 2008-09 Small game seasons.  


STATEWIDE SEASONS:

FOREST GROUSE (BLUE, RUFFED, AND SPRUCE)

BAG AND POSSESSION LIMITS: Three (3) grouse per day, straight or mixed bag, with a total of nine (9) grouse in possession at any time

SEASON DATES: Sept. 1 - Dec. 31, 2006, 2007, 2008

BOBCAT

BAG AND POSSESSION LIMIT: No Limit

SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009

RACCOON

BAG AND POSSESSION LIMIT: No Limit

OPEN AREA: Statewide, EXCEPT closed on Long Island within Willapa National Wildlife Refuge

SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009

FOX

BAG AND POSSESSION LIMIT: No Limit

OPEN AREA: Statewide EXCEPT closed within the exterior boundaries of the Mount Baker-Snoqualmie, Okanogan, Wenatchee, and Gifford Pinchot National Forests and GMUs 407 and 410

SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009

COYOTE

BAG AND POSSESSION LIMIT: No Limit

OPEN AREA AND SEASON DATES: Statewide, year around. Coyote may only be killed and/or pursued with hounds during the following period: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009, EXCEPT coyote may be hunted year around with hounds in Grant, Adams, Benton, and Franklin counties.

COTTONTAIL AND SNOWSHOE HARE (OR WASHINGTON HARE)

BAG AND POSSESSION LIMITS: Five (5) cottontails or snowshoe hares per day, with a total of fifteen (15) in possession at any time, straight or mixed bag

SEASON DATES: Sept. 1, 2006 - Mar. 15, 2007; Sept. 1, 2007 - Mar. 15, 2008; Sept. 1, 2008 - Mar. 15, 2009

CROWS

BAG AND POSSESSION LIMITS: No Limit

SEASON DATES: Oct. 1, 2006 - Jan. 31, 2007; Oct. 1, 2007 - Jan. 31, 2008; Oct. 1, 2008 - Jan. 31, 2009

JACKRABBIT

Season closed statewide

PTARMIGAN, SAGE, AND SHARP-TAILED GROUSE

Season closed statewide

WILD TURKEY:


YOUTH SEASON

LEGAL BIRD: Gobblers and turkeys with visible beards only

SEASON DATES: April 7-8, 2007; April 5-6, 2008; April 4-5, 2009


SPRING SEASON

LEGAL BIRD: Gobblers and turkeys with visible beards only

SEASON DATES: April 15 - May 31, 2007, 2008, 2009


EARLY FALL GENERAL SEASON

LEGAL BIRD: Either sex

LEGAL HUNTER: Open to all hunters with a valid turkey tag

OPEN AREA: GMUs 101-124

SEASON DATES: Sept. 23 - Oct. 6, 2006; Sept. 22 - Oct. 5, 2007; Sept. 27 - Oct. 3, 2008


EARLY FALL PERMIT SEASON

LEGAL BIRD: Either sex

LEGAL HUNTER: All hunters who are selected in the early fall turkey special permit drawing

OPEN AREA: GMUs 127, 133, 145-186, 382, 388, 568-578

SEASON DATES: Sept. 23 - Oct. 6, 2006; Sept. 22 - Oct. 5, 2007; Sept. 27 - Oct. 3, 2008.


Permit Area Number of Permits
GMU 127 150
GMU 133 200
GMUs 149-163 200
GMUs 145, 172-186 100
GMUs 382, 388, 568-578 75

LATE FALL PERMIT SEASON

LEGAL BIRD: Either Sex

LEGAL HUNTER: All hunters who are selected in the late fall turkey special permit drawing and who possess a valid fall turkey tag

OPEN AREA: GMUs 101-124

SEASON DATES: Nov. 20 - Dec. 15, 2006, 2007, 2008

PERMITS: 800


HUNTER EDUCATION INSTRUCTOR INCENTIVE PERMITS

LEGAL BIRD: Gobblers and turkeys with visible beards only

LEGAL HUNTER: Qualified hunter education instructors who are selected through a random drawing. Qualifying hunter education instructors must be certified and have been in active status for a minimum of three consecutive years, inclusive of the year prior to the permit drawing. Instructors who are drawn, accept a permit, and are able to participate in the hunt, will not be eligible for these incentive permits for a period of ten years thereafter.

OPEN AREA: Statewide

SEASON DATES: April 1 - May 31, 2007, 2008, 2009

PERMITS: 2

OFFICIAL HUNTING HOURS/BAG LIMITS FOR WILD TURKEY:

SPRING SEASON BAG LIMIT: Only two (2) turkeys may be killed in Eastern Washington per year, except only one (1) may be killed in Chelan, Kittitas, or Yakima counties; and one (1) per year in Western Washington, except two (2) may be killed in Klickitat County. The combined spring season limit is three (3) birds.

EARLY FALL SEASON BAG LIMIT: One (1) turkey during the early fall hunting seasons combined.

LATE FALL PERMIT SEASON BAG LIMIT: One (1) turkey during the late fall permit season.

HUNTING HOURS: One-half hour before sunrise to sunset during spring and fall seasons.

SPECIAL REGULATIONS FOR WILD TURKEY

1. Turkey season is open for shotgun, archery, and muzzleloader shotgun.

2. A turkey tag is required for hunting turkey.

3. It is unlawful to use dogs to hunt turkeys.

4. It is unlawful to bait game birds.

EASTERN WASHINGTON SEASONS:


RING-NECKED PHEASANT

BAG AND POSSESSION LIMITS: Three (3) cock pheasants per day, with a total of fifteen (15) cock pheasants in possession at any time

YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.

REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6, 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009


The director is authorized to close the pheasant season on an emergency basis as conditions warrant.

CHUKAR

BAG AND POSSESSION LIMITS: Six (6) chukar per day, with a total of eighteen (18) chukar in possession at any time

YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.

REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009

GRAY (HUNGARIAN) PARTRIDGE

BAG AND POSSESSION LIMITS: Six (6) gray partridges per day, with a total of eighteen (18) gray partridges in possession at any time

YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.

REGULAR SEASON DATES: Oct. 7, 2006–Jan 15, 2007; Oct. 6 2007-Jan.21, 2008; Oct. 4, 2008-Jan. 19, 2009

MOUNTAIN QUAIL

Season closed throughout Eastern Washington


CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE

BAG AND POSSESSION LIMITS: Ten (10) quail per day, with a total of thirty (30) quail in possession at any time, straight or mixed bag

YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.

REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009

WESTERN WASHINGTON SEASONS:


RING-NECKED PHEASANT

BAG AND POSSESSION LIMITS: Two (2) pheasants of either sex per day, with a total of fifteen (15) pheasants in possession at any time

YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


HUNTERS 65 YEARS OF AGE OR OLDER SEASON DATES: Sept. 25-29, 2006; Sept. 24-28 2007; Sept. 22-26, 2008


REGULAR SEASON DATES: Sept. 30 - Nov. 30, 2006; Sept. 29 - Nov. 30, 2007; Sept. 27 - Nov. 30, 2008. 8 a.m. to 4 p.m.; except Dungeness Recreation Area Site (Clallam County) starting Oct. 7, 2006; Oct. 6, 2007; Oct. 4, 2008


EXTENDED SEASON DATES: Dec. 1-15, 2006, 2007, 2008. 8 a.m. to 4 p.m. only on the following release sites: Belfair, Fort Lewis, Kosmos, Lincoln Creek, Scatter Creek, Skookumchuck, and all Whidbey Island release sites except Bayview. Pheasants will not be released during the extended season.


A Western Washington Pheasant Permit is required to hunt pheasant in Western Washington, in addition to a current small game hunting license. Pheasant kills must be recorded. Upon taking a pheasant, the holder of a Western Washington Pheasant Permit must immediately enter on the corresponding space the date and location of kill.


There are three license options available:


(1) Full Season Option: Allows the harvest of eight (8) pheasants

(2) Youth Option: Allows the harvest of eight (8) pheasants by youth hunters

(3) 3-Day Option: Allows the harvest of four (4) pheasants harvested over three consecutive days


Every person possessing a Western Washington Pheasant Permit must, by December 31, return the permit to the department of fish and wildlife. The number of permits purchased per year is not limited.


A hunter shall select one valid option at the time they purchase their Western Washington Pheasant Permit. It is unlawful to purchase an additional permit until the pheasants allowed on the current permit are taken.


SPECIAL RESTRICTION: Western Washington pheasant hunters must choose to hunt on either odd-numbered or even-numbered weekend days from 8:00 - 10:00 a.m. at all units of Lake Terrell, Tennant Lake, Snoqualmie, Skagit, Skookumchuck, and Scatter Creek Wildlife Areas, all hunting sites on Whidbey Island, and at the Dungeness Recreation Area, and must indicate their choice on the Western Washington Pheasant Permit by choosing "odd" or "even." Hunters who select the three day option, hunters 65 years of age or older, and youth hunters may hunt during either weekend day morning. Youth hunters must be accompanied by an adult at least 18 years old who must have an appropriately marked pheasant permit if hunting.

MOUNTAIN QUAIL

BAG AND POSSESSION LIMITS: Two (2) mountain quail per day, with a total of four (4) mountain quail in possession at any time

SEASON DATES: Oct. 7 - Nov. 30, 2006; Oct. 6 - Nov. 30, 2007; Oct. 4 - Nov. 30, 2008.

CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE

BAG AND POSSESSION LIMITS: Ten (10) California (valley) quail or northern bobwhite per day, with a total of thirty (30) California (valley) quail or northern bobwhite in possession at any time, straight or mixed bag

SEASON DATES: Oct. 7 - Nov. 30, 2006; Oct. 6 - Nov. 30, 2007; Oct. 4 - Nov. 30, 2008

FALCONRY SEASONS:

UPLAND GAME BIRD AND FOREST GROUSE - FALCONRY

BAG AND POSSESSION LIMIT: Two (2) pheasants (either sex), six (6) partridge, five (5) California (valley) quail or northern bobwhite, two (2) mountain quail (in Western Washington only), and three (3) forest grouse (blue, ruffed, spruce) per day. Possession limit is twice the daily bag limit

OPEN AREA: Statewide

SEASON DATES: Aug. 1, 2006 - Mar. 15, 2007; Aug. 1, 2007 - Mar. 15, 2008; Aug. 1, 2008 - Mar. 15, 2009

TURKEY – FALCONRY

A turkey tag is required to hunt turkey during the turkey falconry season.

BAG AND POSSESSION LIMIT: One (1) turkey (either sex) per turkey tag with a maximum of 2 turkeys. Possession limit: Two (2)

OPEN AREA: Eastern Washington

SEASON DATES: Sept. 1, 2006 - Feb. 15, 2007; Sept. 1, 2007 - Feb. 15, 2008; Sept. 1, 2008 - Feb. 15, 2009

MOURNING DOVE - FALCONRY

BAG AND POSSESSION LIMIT: Three (3) mourning doves per day straight bag or mixed bag with snipe, coots, ducks, and geese during established seasons. Possession limit is twice the daily limit.

OPEN AREA: Statewide

SEASON DATES: Sept. 1-15 and Oct. 1-Dec. 31, 2006, 2007, 2008

COTTONTAIL AND SNOWSHOE HARE - FALCONRY

BAG AND POSSESSION LIMIT: Five (5) cottontails or snowshoe hares per day, straight or mixed bag. Possession limit is twice the daily bag limit.

OPEN AREA: Statewide

SEASON DATES: Aug. 1, 2006 - Mar. 15, 2007; Aug. 1, 2007 - Mar. 15, 2008; Aug. 1, 2008 - Mar. 15, 2009

OTHER SEASONS:

CANADA GOOSE SEPTEMBER SEASON

BAG AND POSSESSION LIMITS:

Western Washington, except Cowlitz and Wahkiakum counties and that part of Clark County north of the Washougal River: Five (5) Canada geese per day with a total of ten (10) in possession at any time


Cowlitz and Wahkiakum counties and that part of Clark County north of the Washougal River: Three (3) Canada geese per day with a total of six (6) in possession at any time


Eastern Washington: Three (3) Canada geese per day with a total of six (6) in possession at any time


WESTERN WASHINGTON SEASON DATES: Sept. 9-14, 2006; Sept. 8-13, 2007; Sept. 6-11, 2008. EXCEPT Pacific and Grays Harbor counties: Sept. 1-15, 2006, 2007, and 2008


EASTERN WASHINGTON: Sept. 9-10, 2006; Sept. 8-9, 2007; Sept. 6-7, 2008.

MOURNING DOVE

BAG AND POSSESSION LIMITS: Ten (10) mourning doves per day with a total of twenty (20) mourning doves in possession at any time

OPEN AREA: Statewide

SEASON DATES: Sept. 1-15, 2006, 2007, 2008

HIP REQUIREMENTS:

All hunters age 16 and over of migratory game birds (duck, goose, coot, snipe, mourning dove) are required to complete a Harvest Information Program (HIP) survey at a license dealer, and possess a Washington Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds. Youth hunters are required to complete a HIP survey, and possess a free Washington Youth Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds.

BAND-TAILED PIGEON

BAG AND POSSESSION LIMITS: 2 band-tailed pigeons per day with a total of 4 band-tailed pigeons in possession at one time

OPEN AREA: Statewide

SEASON DATES: Sept. 15-23, 2006, 2007, 2008

WRITTEN AUTHORIZATION REQUIRED TO HUNT BAND-TAILED PIGEONS.

All persons hunting band-tailed pigeons in this season are required to obtain a written authorization and harvest report from the Washington Department of Fish and Wildlife. Application forms must be delivered to a department of fish and wildlife office no later than August 25 or postmarked on or before August 25 in order for applicants to be mailed an authorization before the season starts. Immediately after taking a band-tailed pigeon into possession, hunters must record in ink the information required on the harvest report. By October 15, hunters must return the harvest report to a department of fish and wildlife office, or report harvest information on the department's Internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the following band-tailed pigeon season.

BIRD DOG TRAINING SEASON

Wild upland game birds may be pursued during the dog-training season, but may not be killed except during established hunting seasons. A small game license is required to train dogs on wild game birds. A small game license and a Western Washington Pheasant Permit is required to train dogs on pheasants in Western Washington. Captive raised game birds may be released and killed during dog training if proof of lawful acquisition (invoices) are in possession and the birds are appropriately marked (WACs 232-12-271 and 232-12-044).


OPEN AREA: Statewide

SEASON DATES: Aug. 1, 2006 - Mar. 31, 2007; Aug. 1, 2007 - Mar. 31, 2008; Aug. 1, 2008 - Mar. 31, 2009


Only youth and seniors may train dogs during their respective seasons on designated Western Washington pheasant release sites.


Bird dog training may be conducted year around on areas posted for bird dog training on portions of: Region One - Espanola (T24N, R40E, E 1/2 of section 16); Region Three - South L.T. Murray Wildlife Area; Region Four - Skagit Wildlife Area, Lake Terrell Wildlife Area, and Snoqualmie Wildlife Area; Region Five - Shillapoo/Vancouver Lake Wildlife Area; Region Six - Scatter Creek Wildlife Area, Fort Lewis Military Base.

HOUND HUNTING DURING DEER AND ELK HUNTING SEASONS

It is unlawful to hunt any wildlife at night or wild animals with dogs (hounds) during the months of September, October, or November in any area open to a modern firearm deer or elk season. The use of hounds to hunt black bear, cougar (EXCEPT by public safety cougar removal permit (WAC 232-12-243) or a commission authorized hound permit (WAC 232-28-285)), and bobcat is prohibited year around.

YAKAMA INDIAN RESERVATION:

The 2006-07, 2007-08, 2008-09 upland bird seasons within the Yakama Indian Reservation shall be the same as the season established by the Yakama Indian Nation.

COLVILLE INDIAN RESERVATION:

The 2006-07, 2007-08, 2008-09 upland bird seasons within the Colville Indian Reservation shall be the same as the season established by the Colville Indian Tribe.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective June 1, 2006:

WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons

© Washington State Code Reviser's Office