WSR 97-14-091





[Filed July 2, 1997, 9:31 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-028.

Title of Rule: To amend WAC 232-12-061 Tagging requirements.

Purpose: To amend WAC 232-12-061 to provide an option to mandatory transport tagging of all big game animals and turkey, by allowing the Fish and Wildlife Commission to determine if tags will be required to hunt for black bear and cougar.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The WAC amendment modifies big game tagging requirements, so that the Fish and Wildlife Commission has the ability to determine if transport tags are required to hunt black bear and cougar. The amendment provides consistency between the WAC and recently passed legislation (SB 5626).

Reasons Supporting Proposal: Greater flexibility in managing black bear and cougar populations by manipulating hunter numbers through tag requirements/tag fees, and consistency with SB 5626.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, 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: The amendment allows the Fish and Wildlife Commission to determine if, for purposes of achieving species harvest management goals, black bear and cougar transport tags will be required of hunters. Changes to the tag requirement could assist the commission in increasing black bear and cougar harvest by generating greater hunter participation.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

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

Hearing Location: Red Lion Inn, 802 George Washington Way, Richland, WA 99352, on August 8-9, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 1997, TDD (360) 902-2207, or (360) 902-2267.

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

Date of Intended Adoption: August 8, 1997.

July 2, 1997

Dave Brittell

AMENDATORY SECTION [(Amending Order 174, filed 10/22/81)]

WAC 232-12-061 Tagging requirements. It is unlawful for a person who kills a big game animal or turkey to fail to immediately cut out and completely remove from their tag the designated notches corresponding to the day and month of the kill for that species. Unless, in the case of black bear or cougar, that for purposes of achieving species harvest management goals the fish and wildlife commission determines that tags are not required for these two big game animals. A person who kills such animal or bird, shall immediately attach their notched tag to the carcass of such animal or bird. That tag must remain attached to the carcass while it is being transported and must remain with the wildlife during the period of retention of the edible parts.

[Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-061, filed 10/22/81; 81-12-029 (Order 165), 232-12-061, filed 6/1/81. Formerly WAC 232-12-160.]

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

Legislature Code Reviser


Washington State Code Reviser's Office