WSR 19-10-025
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed April 23, 2019, 11:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-06-080 on March 5, 2019.
Title of Rule and Other Identifying Information: WAC 220-415-090 2018-2020 Fall black bear hunting seasons and regulations.
Hearing Location(s): On June 14-15, 2019, at 8:00 a.m., at the Red Lion Hotel, 221 North Lincoln, Port Angeles, WA 98362.
Date of Intended Adoption: June 14-15, 2019.
Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email wildthing@dfw.wa.gov, fax 360-902-2162, https://www.surveymonkey.com/r/ZN5J298, by May 16, 2019.
Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email delores.noyes@dfw.wa.gov, by June 7, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-415-090, the proposed changes provide more recreational hunting opportunity in Eastern Washington by increasing the bag limit to two bears per license year. Also the proposed changes increase recreational opportunity in the South Cascades, Okanogan, Northeastern A, Northeastern B, Blue Mountains, and Long Island by opening the season August 1 statewide. Game management units (GMU) 419, 420, and 421 are being removed because bear hunting opportunities in these GMUs is extremely rare and it may be misleading to hunters. The final edit is to remove the 2018 dates as they have already occurred.
Reasons Supporting Proposal: WAC 220-415-090, the proposed amendments will simplify rules by creating a statewide bag limit and season opener. Additionally, the proposed amendments will remove emphasis on GMUs where bear harvest is unlikely.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.240, 77.32.070, 77.32.090, 77.32.370, and 77.32.530.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.240, 77.32.070, 77.32.090, 77.32.370, and 77.32.530.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; and Enforcement: Steve Bear, Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The rule proposal does not require a cost-benefit analysis.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Is exempt under RCW 19.85.025(4).
April 23, 2019
Scott Bird
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-11-061, filed 5/11/18, effective 6/11/18)
WAC 220-415-090((2018))2019-2020 Fall black bear hunting seasons and regulations.
It is unlawful to fail to comply with the provisions below. A violation of this section is punishable under RCW 77.15.410, 77.15.245, or 77.15.280.
Black Bear Management Unit
Season
Hunt Area
Coastal
((Aug. 1 - Nov. 15, 2018))
Aug. 1 - Nov. 15, 2019
Aug. 1 - Nov. 15, 2020
GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound
((Aug. 1 - Nov. 15, 2018))
Aug. 1 - Nov. 15, 2019
Aug. 1 - Nov. 15, 2020
GMUs 407, 454, 624, 627, 633, 652, 666, 667
North Cascades
((Aug. 1 - Nov. 15, 2018))
Aug. 1 - Nov. 15, 2019
Aug. 1 - Nov. 15, 2020
GMUs 418((-421)), 426-450, 460
South Cascades
((Aug. 15 - Nov. 15, 2018
Aug. 15))Aug. 1 - Nov. 15, 2019
Aug. ((15))1 - Nov. 15, 2020
GMUs 466, 485, 503, 505, 510-520, 524, 550-574, 653, 654
Okanogan
((Aug. 15 - Nov. 15, 2018
Aug. 15))Aug. 1 - Nov. 15, 2019
Aug. ((15))1 - Nov. 15, 2020
GMUs 203, 209-243
East Cascades
((Aug. 1 - Nov. 15, 2018))
Aug. 1 - Nov. 15, 2019
Aug. 1 - Nov. 15, 2020
GMUs 244-247, 249-251, 328, 329-368, 382, 388, 578
Northeastern A
((Sept. 1 - Nov. 15, 2018
Sept.))Aug. 1 - Nov. 15, 2019
((Sept.))Aug. 1 - Nov. 15, 2020
GMUs 101-121, 204
Northeastern B
((Aug. 15 - Nov. 15, 2018
Aug. 15))Aug. 1 - Nov. 15, 2019
Aug. ((15))1 - Nov. 15, 2020
GMUs 124-130
Blue Mountains
((Sept. 1 - Nov. 15, 2018
Sept.))Aug. 1 - Nov. 15, 2019
((Sept.))Aug. 1 - Nov. 15, 2020
GMUs 145-154, 162-186
Columbia Basin
((Aug. 1 - Nov. 15, 2018))
Aug. 1 - Nov. 15, 2019
Aug. 1 - Nov. 15, 2020
GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
Long Island
((Sept. 1 - Nov. 15, 2018
Sept.))Aug. 1 - Nov. 15, 2019
((Sept.))Aug. 1 - Nov. 15, 2020
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. GMUs 410 and 422 are closed for black bear hunting. Hunters that choose to hunt in GMUs located in grizzly bear recovery areas, as identified by the department, must successfully complete the WDFW online bear identification test or equivalent test from another state and carry proof of successful completion.
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.
Other Requirements: Hunters that choose to hunt in GMUs located in grizzly bear recovery areas as identified by the department must successfully complete the annual WDFW online bear identification test with a passing score (80% or higher) or carry proof that they have passed an equivalent test from another state. The WDFW test may be taken repeatedly until a passing score is achieved. All hunters must carry proof of passing a bear identification test while hunting in the GMUs identified by the department.
Submitting Biological Samples and Bear Teeth: Successful bear hunters must comply with harvest reporting and submission of biological samples including the black bear premolar tooth located behind the canine tooth of the upper jaw. Failure to comply with the submission of biological samples is a misdemeanor pursuant to RCW 77.15.280.