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

     Purpose: Adopt WAC 232-28-430 2006-07 Migratory waterfowl seasons and regulations; and repeal WAC 232-28-429 2005-06 Migratory waterfowl seasons and regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-429.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 06-13-102 on June 21, 2006.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-430 2006-07 Migratory waterfowl seasons and regulations.

     Changes, if any, from the text of the proposed rule and reasons for difference:

•     WAC title changed from "2005-06" to "2006-07" to correct a typographical error.

•     Under Written Authorization Required to Hunt Snow Geese, second paragraph, the following changes were made:

     O     In the first sentence, "paved road" was changed to "paved public road" and the wording "from December 10, 2006 through January 7, 2007" was deleted, to provide for hunting on private property with paved roads and simplify the rule.

     O     In 2), conditions for invalidation of authorization were changed from "shooting within 100 feet of a public highway" to "shooting from, across, or along the maintained part of any public highway," to correct a duplication of condition 3) and expand the invalidation condition.

     O     In 3), "paved road" was changed to "paved public road" and the wording "from December 10, 2006 through January 7, 2007" was deleted, to make this invalidation condition consistent with changes made in the first sentence of the paragraph.

•     Under Quality Hunting Areas in Goose Management Area 1, the following changes were made:

     O     In the second sentence, the application procedure for special authorizations was changed from internet only to internet or mail, to allow hunters without internet access to apply for this special hunt.

     O     In the second to last sentence, Monday was added to the list of open days to provide additional recreational opportunity.

•     Under Goose Management Areas 2A and 2B, the opening of hunting hours was changed from "1/2 hour after the start of official hunting hours for migratory game birds" to "8 a.m.," to maintain traditional 8 a.m. - 4 p.m. hours, maintain consistency with Oregon, and avoid additional check station costs.

•     Under Goose Management Area 4, January 1, 2007 was added to the list of open dates to provide additional recreational opportunity.

•     Under Brant season: In Skagit County, January 24, was deleted and January 18, 23, and 25 were added, and in Pacific County January 17 was deleted and January 11, 16, and 18 were added, to provide more recreational opportunity consistent with brant population status.

     A final cost-benefit analysis is available by contacting Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2155, e-mail barkemwb@dfw.wa.gov.

     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 1, Amended 0, 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: August 5, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-9068.2

NEW SECTION
WAC 232-28-430   2006-07 Migratory waterfowl seasons and regulations.  

DUCKS

Statewide

Oct. 14-18, 2006 and Oct. 21, 2006 - Jan. 28, 2007.

Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 23-24, 2006.

Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 1 pintail, 3 scaup, 1 canvasback, 2 redhead, 1 harlequin, 4 scoter, and 4 long-tailed duck.

Possession limit: 14 ducks, to include not more than 4 hen mallard, 2 pintail, 6 scaup, 2 canvasback, 4 redhead, 1 harlequin, 8 scoter, and 8 long-tailed duck.

Season limit: 1 harlequin.

WRITTEN AUTHORIZATION REQUIRED TO HUNT SEA DUCKS.

All persons hunting sea ducks (harlequin, scoter, long-tailed duck) in Western Washington are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who held a 2005-06 authorization and returned the harvest report prior to the deadline will be mailed a 2006-07 authorization in early October. Hunters who did not possess a 2005-06 authorization must fill out an application (available at Washington department of fish and wildlife, Olympia and regional offices). Application forms must be delivered to a department office no later than September 25 or postmarked on or before September 25 in order for applicants to be mailed a 2006-07 authorization before the season starts. No applications will be accepted after October 31, 2006. Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2007, hunters must return the harvest report to the Washington department of fish and wildlife, 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 2007-08 sea duck season.

COOT (Mudhen)

Same areas, dates (including youth hunting weekend), and shooting hours as the general duck season.

Daily bag limit: 25 coots.

Possession limit: 25 coots.

COMMON SNIPE

Same areas, dates (except youth hunting weekend), and shooting hours as the general duck season.

Daily bag limit: 8 snipe.

Possession limit: 16 snipe.

GEESE (except Brant)

Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 23-24, 2006, statewide except Western Washington Goose Management Areas 2A and 2B.

Daily bag limit: 4 Canada geese.

Possession limit: 8 Canada geese.

Western Washington Goose Seasons

Goose Management Area 1

Island, Skagit, Snohomish counties.

Oct. 14, 2006 - Jan. 7, 2007 for snow, Ross', or blue geese.

Oct. 14-26, 2006 and Nov. 4, 2006 - Jan. 28, 2007 for other geese (except Brant).

Daily bag limit: 4 geese.

Possession limit: 8 geese.

WRITTEN AUTHORIZATION REQUIRED TO HUNT SNOW GEESE.

All persons hunting snow geese in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who held a 2005-06 authorization and returned the harvest report prior to the deadline will be mailed a 2006-07 authorization in early October. Hunters who did not possess a 2005-06 authorization must fill out an application (available at Washington department of fish and wildlife, Olympia and regional offices). Application forms must be delivered to a department office no later than September 25 or postmarked on or before September 25 in order for applicants to be mailed a 2006-07 authorization before the season starts. No applications will be accepted after October 31, 2006. Immediately after taking a snow goose into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2007, hunters must return the harvest report to the Washington department of fish and wildlife, 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 2007-08 snow goose season.

It is unlawful to discharge a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County. While hunting snow geese on Fir Island, if a hunter is convicted of 1) trespass, 2) shooting from, across, or along the maintained part of any public highway, 3) discharging a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County, or 4) exceeding the daily bag limit for snow geese, written authorization will be invalidated for the remainder of the 2006-07 snow goose season and an authorization will not be issued for the 2007-08 snow goose season.

QUALITY HUNTING AREAS IN GOOSE MANAGEMENT AREA 1.

Hunters possessing written authorization to hunt snow geese in Goose Management Area 1 can apply for a special authorization to access private lands around Fir Island enrolled in a new quality snow goose hunting program. Hunters must apply for special authorization to hunt on these special areas by September 29, 2006, using the department's internet or mail application systems. A random drawing will select hunters for participation, and special hunt authorizations will be mailed prior to the season. Up to 3 individuals possessing snow goose authorizations can hunt with the successful applicant on each hunt day. Successful applicants must check in with the WDFW hunt coordinator at least 24 hours prior to hunting and all hunters must hunt over decoys. Special authorizations are not valid for commercial uses. Authorizations are valid for one week (only on Monday, Wednesday and Saturday) and only on private lands specified by the WDFW hunt coordinator. Hunters will be assigned at random to private farms participating in the program.

Goose Management Area 2A

Cowlitz and Wahkiakum counties, and that part of Clark County north of the Washougal River.

Open in all areas except Ridgefield NWR from 8 a.m. to 4:00 p.m., Saturdays, Sundays, and Wednesdays only, Nov. 11-26, 2006 and Dec. 6, 2006 - Jan. 28, 2007, except closed Dec. 24, 2006. Ridgefield NWR open from 8 a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only, Nov. 14-25, 2006 and Dec. 7, 2006 - Jan. 20, 2007, except closed Nov. 23, 2006.

Goose Management Area 2B

Pacific County.

Open from 8 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 14, 2006 - Jan. 13, 2007.

Bag limits for Goose Management Areas 2A and 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, 2 Aleutian geese, and 4 cackling geese.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted (as shown in the Munsell color chart 10 YR, 5 or less) Canada goose with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.

Special Provisions for Goose Management Areas 2A and 2B:

The Canada goose season for Goose Management Areas 2A and 2B will be closed early if dusky Canada goose harvests exceed area quotas which collectively total 80 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 80 duskys, to be distributed 15 for Zone 1 (Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the Kalama River); 20 for Zone 3 (Clark County except Ridgefield NWR); 10 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 10 for Zone 5 (Pacific County). Quotas may be shifted to other zones during the season to optimize use of the statewide quota and minimize depredation.

Hunting is only permitted by written authorization from the Washington department of fish and wildlife. Hunters who maintained a valid 2005-06 written authorization will be mailed a 2006-07 authorization card prior to the 2006-07 season. New hunters and those who did not maintain a valid 2005-06 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive written authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time. Information on training materials and testing dates/locations is available at the Olympia and regional offices.

With written authorization, hunters will receive a harvest report. Hunters must carry the authorization card and harvest report while hunting. Immediately after taking a Canada goose (dusky, lesser/Taverner, cackling, or other subspecies) into possession, hunters must record in ink the information required on the harvest report. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the harvest report, written authorization will be invalidated and the hunter will not be able to hunt Canada geese in Goose Management Areas 2A and 2B for the remainder of the season and the special late Canada goose season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B.

Special Late Canada Goose Season for Goose Management Area 2A:

Open to Washington department of fish and wildlife advanced hunter education (AHE) program graduates and youth hunters (15 years of age or under, who are accompanied by an AHE hunter) possessing a valid 2006-07 southwest Washington Canada goose hunting authorization, in areas with goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:

Saturdays and Wednesdays only, Feb. 3 - Mar. 10, 2007.

Daily bag limit: 4 Canada geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 2 cackling geese.

Possession limit: 8 Canada geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 4 cackling geese.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted Canada goose (as shown in the Munsell color chart 10 YR, 5 or less) with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.

Hunters qualifying for the season will be placed on a list for participation in this hunt. Washington department of fish and wildlife will assist landowners with contacting qualified hunters to participate in damage control hunts on specific lands incurring goose damage. Participation in this hunt will depend on the level of damage experienced by landowners. The special late Canada goose season will be closed by emergency action if the harvest of dusky Canada geese exceeds 85 for the regular and late seasons. All provisions listed above for Goose Management Area 2A regarding written authorization, harvest reporting, and checking requirements also apply to the special late season; except hunters must confirm their participation at least 24 hours in advance by calling the goose hunting hotline (listed on hunting authorization), and hunters must check out by 5:00 p.m. on each hunt day regardless of success. It is unlawful to fail to comply with all provisions listed above for the special late season in Goose Management Area 2A.

Goose Management Area 3

Includes all parts of Western Washington not included in Goose Management Areas 1, 2A, and 2B.

Oct. 14-26, 2006 and Nov. 4, 2006 - Jan. 28, 2007.

Daily bag limit: 4 geese.

Possession limit: 8 geese.

Eastern Washington Goose Seasons

Goose Management Area 4

Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla counties.

Oct. 14-16, 2006, and Saturdays, Sundays, and Wednesdays only during Oct. 21, 2006 - Jan. 21, 2007; Nov. 10, 23, and 24, 2006; Dec. 25, 26, 28, and 29, 2006; January 1, 2007; January 15, 2006; and every day Jan. 22-28, 2007.

Goose Management Area 5

Includes all parts of Eastern Washington not included in Goose Management Area 4.

Oct. 14-16, 2006, every day from Oct. 21, 2006 - Jan. 28, 2007.

Bag limits for all Eastern Washington Goose Management Areas:

Daily bag limit: 4 geese.

Possession limit: 8 geese.

BRANT

Open in Skagit County only on the following dates:

Jan. 18, 20, 21, 23, 25, 27, 28, 2007.

If the 2006-07 preseason brant population in Skagit County is below 6,000 (as determined by the early January survey), the brant season in Skagit County will be canceled.

Open in Pacific County only on the following dates:

    
Jan. 11, 13, 14, 16, 18, 20, 21, 2007.

WRITTEN AUTHORIZATION REQUIRED:

All hunters participating in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who held a 2005-06 authorization and reported harvest prior to the deadline will be mailed a 2006-07 authorization in November. Hunters who did not possess a 2005-06 authorization must fill out an application (available at Washington department of fish and wildlife regional offices). Application forms must be delivered to a department office no later than 5:00 p.m. on November 8, or postmarked on or before November 8, after which applicants will be mailed a 2006-07 authorization. Late applications will not be accepted. Immediately after taking a brant into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2007, hunters must return the harvest report to the Washington department of fish and wildlife, 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 2007-08 brant season.

Bag limits for Skagit and Pacific counties:

Daily bag limit: 2 brant.

Possession limit: 4 brant.

SWANS

Season closed statewide.

FALCONRY SEASONS

DUCKS, COOTS, AND SNIPE (Falconry)

(Bag limits include geese and mourning doves.)

Oct. 14-18, 2006 and Oct. 21, 2006 - Jan. 28, 2007 statewide.

Daily bag limit: 3, straight or mixed bag with geese and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with geese and mourning doves during established seasons.

GEESE (Falconry)

(Bag limits include ducks, coot, snipe, and mourning doves.)

Goose Management Area 1: Oct. 14, 2006 - Jan. 7, 2007.

Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 11-26, 2006 and Dec. 6, 2006 - Jan. 28, 2007, except closed Dec. 24, 2006.

Goose Management Area 2B: Wednesdays and Saturdays only, Oct. 14, 2006 - Jan. 13, 2007.

Goose Management Areas 3, 4, and 5: Oct. 14-16, 2006 and Nov. 4, 2006 - Jan. 28, 2007.

Daily bag limit for all areas: 3 geese (except brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

Possession limit for all areas: 6 geese (except brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

[]

OTS-9067.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-429

2005-06 Migratory waterfowl seasons and regulations.

© Washington State Code Reviser's Office