WSR 97-01-117

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed December 19, 1996, 10:26 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-149.

Title of Rule: To amend WAC 232-28-260 Special hunting seasons.

Purpose: To amend WAC 232-28-260 Special hunting seasons, to establish a reward permit hunt and establish a quota level to reward citizens who turn in poachers.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: This amended WAC outlines the steps necessary to establish a poacher reward system.

Reasons Supporting Proposal: Establishing a poacher reward system provides incentive for people to turn in poachers and will discourage people from poaching.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management Program, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Acting Assistant Director, Enforcement Program, Olympia, (360) 902-2932.

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Once an individual turns in a poacher and the poacher is arrested and convicted, the individual who turned in the poacher may be eligible for a reward. Discourages people from poaching.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules involve personal use hunting, and do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington 98368, on January 31 - February 1, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 20, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942, by January 20, 1997.

Date of Intended Adoption: January 31, 1997.

December 19, 1996

Evan Jacoby

Legal Counsel

AMENDATORY SECTION [(Amending WSR 96-18-066 (Order 96-142), filed 8/30/96)]

WAC 232-28-260 Special hunting seasons (1) The Commission may establish special hunting seasons limited to species and/or weapon type.

(2) The Commission establishes the following types of special hunting seasons, called permit hunts, for purposes of taking specified wildlife:

(a) General permit hunts;

(b) Persons of disability permit hunts;

(c) Youth permit hunts;

(d) Senior citizen permit hunts;

(e) Advanced hunter education permit hunts.

(3) In addition to the requirements for general permit hunts, the following are hunt requirements for:

(a) Persons of Disability Permit Hunts: Only applicants with a Washington disabled hunter permit are eligible to apply for any persons of disability permit hunts.

(b) Youth Permit Hunts: Only applicants sixteen years old or younger on opening day of the permit hunt will be eligible to apply for the youth permit hunts.

(c) Senior Citizen Permit Hunts: Only applicants sixty-five years of age or older on opening day of the permit hunt will be eligible to apply for senior citizen permit hunts.

(d) Advanced Hunter Education Permit Hunts: Only applicants who have successfully completed the Washington department of fish and wildlife advanced hunter education (AHE) course will be eligible to apply for AHE permit hunts.

(4) Deer and elk special hunting seasons permit hunt application:

(a) To apply for permit hunts for deer, applicants must have a valid Washington hunting license and a valid deer transport tag. Each applicant must have the proper transport tag as identified in the current deer hunting permit tables.

(b) To apply for permit hunts for elk, applicants must have a valid Washington hunting license and a valid elk transport tag. Each applicant must have the proper transport tag as identified in the current elk hunting permit tables.

(c) No refunds or exchanges for deer or elk transport tags will be made for persons applying for permit hunts.

(d) Holders of deer or elk permit hunts may hunt only with a weapon in compliance with their transport tag during the permit hunts.

(5) Mountain goat, moose, mountain sheep, and cougar permit hunts applications:

(a) To apply for permit hunts for mountain goat, moose, mountain sheep, or cougar applicants must have a valid Washington hunting license. Those who have previously drawn a Washington mountain sheep or moose permit are ineligible to apply for that species. This restriction on eligibility does not apply to permits awarded pursuant to a raffle hunt.

(b) No refunds or exchanges for mountain goat, moose, mountain sheep, or cougar transport tags will be made for persons drawing for permit hunts.

(c) Permit hunting report: A hunter report will be sent to each mountain goat, moose, mountain sheep, and cougar permit hunts holder and must be returned to the department of fish and wildlife within ten days after the close of the permit hunts.

(6) General permit hunts application:

(a) Partnership applications will be accepted for any species. A partnership consists of two hunters. If a partnership application is drawn, both hunters will receive a permit and both hunters can take an animal.

(b) Application deadline: To qualify for the drawing all applications must be postmarked no later than the first Friday of May or received at a department of fish and wildlife office no later than 5:00 p.m. on the first Friday of May of the year of the drawing.

(c) An applicant's name may appear on only one single special permit hunt application or one partnership application for each species. If an applicant's name appears on more than one application for a species, the application will be made ineligible for the drawing and no points will be accrued for that year for that species.

(d) For partnership applications that are ineligible because one of the partners has his/her name on more than one application for that species, both applicants will be made ineligible for the drawing and no points will be accrued for that year for that species.

(e) Permits will be drawn by computer selection using a weighted point selection system.

(f) Incomplete Applications:

(i) To be eligible for the deer or elk permit hunts drawing, each application must include a valid hunt number, complete name, correct mailing address, date of birth, a marked species check box, a valid Washington hunting license number, and a valid deer or elk transport tag number for each applicant.

(ii) To be eligible for the special mountain goat, moose, mountain sheep, or cougar permit hunts drawing, each application must include a valid hunt number, complete name, correct mailing address, date of birth, a marked species check box, and a valid Washington hunting license number for each applicant.

(iii) To be eligible to accrue points, each application must include either a valid social security number, driver's license number, or a state-issued identification number for each applicant. Applicants choosing not to submit one of the above-listed numbers will be eligible for the drawing, but will not accrue points. The same identification number must be used each year to accrue points. If a different number is used (i.e., driver's license number instead of social security number), point accrual will begin anew for the applicant while maintaining the point accrual under the former identification number.

(g) Inaccurate Applications:

(i) If an applicant makes a mistake, applies for the wrong hunt, and is drawn, the permit can be returned to the department of fish and wildlife Olympia headquarters before the opening day of the hunt. The applicant's points will be restored to the condition they were in prior to the drawing.

(ii) If an applicant inaccurately submits his/her identification number on an application, no points will be accrued for that year for that species under the correct identification number.

(7) The Commission establishes auction and raffle Private Lands Wildlife Management Areas (PLWMA) hunts:

(a) The Commission may authorize, by agreement with PLWMA, the sale, auction, or raffle of hunts on PLWMAs.

(b) PLWMA auction/raffle hunts are awarded to hunt big game or wild turkey. The PLWMA manager will conduct the raffle drawing. Raffle tickets will be sold for not more than $25.00 each.

(c) The PLWMA manager conducting an authorized big game auction or 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 are, the cost of tickets and numbers sold.

(8) The Commission establishes raffle hunts:

(a) The Commission may establish big game and wild turkey raffle permit hunts. The director may conduct the raffle or may contract to a non-profit wildlife conservation organization (registered 5013c) for marketing. The organization may retain the vendor fee for each raffle ticket sold to cover expenses incurred.

(b) There is no limit on the number of tickets a person may purchase. Raffle tickets cost no more than $25.00 each with a 50 cent vendor fee included in the price. All raffle permits are void on January 1 following the date of issuance.

(c) The organization interested in conducting a raffle for an authorized permit hunt shall submit a proposal outlining its experience and plans to conduct a raffle. The department of fish and wildlife shall solicit bids consistent with established state competitive bid rules. The proposal shall include:

(i) Name of the organization, articles of incorporation, and contact person.

(ii) The date, time and place of the proposed raffle drawing.

(iii) The approximate number of people expected to attend the function.

(iv) Past experience in conducting raffles and special functions.

(v) Other marketing strategies to be used.

(vi) Portion of funds to be retained by the organization.

(d) The director will select an organization to conduct a raffle.

(i) Revenue potential to the department will be a key criterion in applicant selection.

(ii) The department shall enter into a contract with the raffling organization identifying specific terms of the contract.

(iii) The director may authorize a nonprofit wildlife conservation organization to sell raffle tickets for the department and retain a vending fee of 50 cents for each ticket sold.

(e) The department or organization conducting a raffle shall notify the public about the raffle hunt opportunity and offer raffle tickets for sale.

(i) The department or organization shall inform the public of date, time and place of the raffle and hold the drawing as specified.

(ii) Raffle tickets sales conducted through agency license vendors or the director authorized nonprofit wildlife conservation organization vendor must be received at the department's Olympia office headquarters on or before the last business day prior to the public drawing. Contracting organizations conducting hunting raffles must account for raffle tickets and funds received. A representative of the department will monitor the drawing.

(iii) Additional tickets may be purchased at the raffle site prior to the drawing.

(iv) One winner and two alternates shall be drawn at the drawing.

(v) The raffling organization shall notify the department of the name, address and phone number of the raffle permit winner and two alternates immediately (but no later than ten business days) after the drawing. The department will notify the winner and two alternates by mail. The winner must claim the raffle permit during the regular business hours within 30 days of the drawing or he/she shall be disqualified and the department will offer the raffle permit to the first alternate. The first alternate must claim the raffle permit within 10 business days of notification or he/she shall be disqualified and the department will notify the second alternate. The second alternate must claim the permit within 10 business days of notification or he/she shall be disqualified and the department will not offer the raffle permit.

(vi) The department's share of the raffle revenue shall be returned to the department within 30 days of the drawing.

(f) Residents and nonresidents shall be eligible to purchase raffle tickets.

(g) There shall be no refunds for any raffle ticket purchases.

(h) The raffle winners must purchase a valid hunting license and species transport tag prior to issuance of the raffle permit. An additional big game transport tag may be purchased for a raffle permit hunt.

(i) The department will issue the permit to the person whose name appears on the winning ticket. Raffle tickets may not be resold or reassigned.

(j) All revenue to the department from a species permit raffle shall be used for the management and benefit of that species.

(9) Poacher Reward - Bonus Points:

(a) A person who has provided information concerning an illegal take of endangered species as defined by WAC 232-12-014 or a big game species as defined in RCW 77.08.030 which leads to the arrest and conviction for killing or hunting endangered or big game species in closed seasons (RCW 77.16.020 Subsection 1) and/or exceeding the bag limit (RCW 77.16.020 Subsection 2) is eligible.

(i) Only one poacher reward will be awarded per conviction regardless of the number of violations.

(ii) If two or more persons provide information regarding the same illegal take, only the informant with the most timely and applicable information regarding the illegal take as determined by the department will be eligible to receive a poacher reward in bonus points.

(iii) Upon the conviction in a district or superior court, the informant shall be awarded 10 bonus points as a reward and applied to only one species of choice.

(iv) The normal rules for bonus points in the weighted permit drawing system apply except that an informant may not apply his/her points received as a poacher reward to a partnership application.

[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-066 (Order 96-142), 232-28-260, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.010 and 77.12.040. 96-04-027, 232-28-260, filed 2/1/96, effective 3/3/96.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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.

© Washington State Code Reviser's Office