WSR 98-17-091

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed August 19, 1998, 8:05 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-14-089 and 98-14-090.

Purpose: To amend WAC 232-28-280 1998 and 1999 Deer general seasons and 1998 special permits, 232-12-011 Wildlife classified as protected shall not be hunted or fished, and 232-12-014 Wildlife classified as endangered species.

Statutory Authority for Adoption: RCW 77.12.020 and 77.12.040.

Statute Being Implemented: RCW 77.12.020 and 77.12.040.

Summary: WAC 232-28-280 is proposed to be amended by adding a whitetail deer hunting season in GMUs 248-284 for any whitetail buck for modern firearm hunters October 17-30, 1998, and October 16-29, 1999. We also proposed to add these units to a September 1-5 any whitetail buck archery season and September 6-30 any whitetail deer archery season.

WAC 232-12-011, adds the margined sculpin and the pygmy whitefish to protected wildlife designated as sensitive species in Washington.

WAC 232-12-014, adds the fisher to endangered species classification in Washington.

Reasons Supporting Proposal: WAC 232-28-280, provide recreation opportunity and help alleviate deer depredation on private property.

WAC 232-12-011, the margined sculpin is found only in the Blue Mountains of Oregon and Washington. In Washington it is found only in parts of the Tucannon and Walla Walla drainages. Most of the waters inhabited by the margined sculpin have degraded habitat. Problems are caused by development, logging, agriculture, grazing, and channelization. Because of its small range and degraded habitat conditions, it is vulnerable and likely to become threatened or endangered without cooperative management.

Pygmy whitefish are most commonly found in cool lakes and streams of mountainous regions. Historically, they resided in at least fifteen lakes in Washington. Currently they inhabit only nine. Their demise in six lakes is attributed to rotenone, introduction of exotic fish species and/or declining water quality. Pygmy whitefish, particularly in smaller lakes, are vulnerable to exotic fish species introductions and declining water quality, both of which may constrict their habitat. Because of their very limited range in Washington and their vulnerability to exotic fish species introductions and declining water quality, pygmy whitefish are likely to become endangered or threatened in a significant portion of their remaining range without cooperative management.

WAC 232-12-014, fisher historically occurred throughout much of the forested areas of Washington. They were over-trapped in the late 1800s and early 1900s. Trapping, predator and pest control programs, and loss and alteration of habitat combined to push the fisher to near extirpation. Despite being protected from legal harvest for 65 years, the fisher has not recovered. The fisher population was likely kept from recovering by a combination of factors: A reduction in quality and quantity of habitat due to development and logging; past predator and pest control programs; low inherent reproductive capacity of the species; and demographic and genetic effects of small population size. The fisher will require special management considerations and development of a recovery plan in order to restore them to viable levels.

Name of Agency Personnel Responsible for Drafting and Implementation: Mike Kuttel, 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: WAC 232-28-280, the proposed rule will open GMUs 248-284 to whitetail deer hunting for modern firearm and archery deer hunters. This will provide recreation opportunity and help alleviate damage complaints.

WAC 232-12-011 identifies species of wild animals to be managed by the Department of Fish and Wildlife as protected species in one of three categories: Threatened, sensitive, and other protected wildlife. This amendment adds margined sculpin and pygmy whitefish to protected wildlife designated as sensitive species. Sensitive species are in need of special management consideration to keep them from becoming threatened or endangered. Land managing agencies and local, state and federal governments may use these lists to consider the needs of species of special concern in land management decisions.

WAC 232-12-014 identifies species of wild animals to be managed by the Department of Fish and Wildlife as endangered species. This amendment adds fisher as a state endangered species. Endangered species are in need of special management consideration to recover populations to healthy levels and to keep them from becoming extirpated from Washington. Land managing agencies and local, state and federal governments may use these lists to consider the needs of species of special concern in land management decisions.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules are not related to the hydraulics code.

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on October 2-3, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by September 25, 1998, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Mike Kuttel, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by September 25, 1998.

Date of Intended Adoption: October 2, 1998.

August 19, 1998

Evan Jacoby

Rules Coordinator

OTS-2434.1

AMENDATORY SECTION (Amending Order 98-60, filed 4/22/98, effective 5/23/98)

WAC 232-28-280  1998 and 1999 Deer general seasons and 1998 special permits.

Bag Limit: One (1) deer per hunter during the 1998 hunting season. The Fish and Wildlife Commission may authorize two doe permits for damage areas. Any multiple doe permits will be identified by special permit.

Hunting Method: Hunters must select one of the hunting methods (modern firearm, archery, muzzleloader).

Any Buck Deer Seasons: Open only to the taking of male deer with visible antlers (buck fawns illegal).

Branched Antler Restrictions: applies to all hunters during any open season! Buck deer taken in these GMUs must meet minimum antler point requirements. Minimum antler point requirements are antler points on one side only. Antler points include eye guards but all antler points must be at least one inch long. The following GMUs have 2 or 3 point minimum requirements on buck deer taken.

2 Point GMUs: 437, 478, 558, 574, 636, 681, and GMU 485 (by permit only).

3 Point GMUs: All Mule Deer in eastern Washington (see definition of eastern Washington); Whitetail Deer in GMUs 127, 130, 133, 136, 139, 142, 145, 149, 154, 162, 163, 166, 169, 172, 175, 178, 181, 186, 203, and 231.

Permit Only Units: The following GMUs are closed during general seasons: 242 (Alta), 290 (Desert), 329 (Quilomene), 330 (West Bar), 342 (Umtanum), 371 (Alkali), and 485 (Green River).

GMUs Closed to Deer Hunting: 157 (Mill Creek Watershed) and 522 (Loo-wit).

Blacktail Deer: Any member of blacktail/mule deer (species Odocoileus hemionus) found west of the Pacific Crest Trail and in Klickitat County west of Highway 97.

Mule Deer: Any member of blacktail/mule deer (species Odocoileus hemionus) found east of the Pacific Crest Trail and in Klickitat County east of Highway 97.

Harvest Report Card: Successful hunters must fill out and return a Game Harvest Report Card within 10 days after taking a deer.

Modern Firearm Deer Seasons

License Required: Hunting license.

Tag Required: Valid modern firearm deer tag on his/her person for the area hunted.

Hunting Method: Modern firearm deer tag hunters may use rifle, handgun, shotgun, bow or muzzleloader, but only during modern firearm seasons.

Archery Deer Seasons

License Required: Hunting license.

Tag Required: Valid archery deer tag on his/her person for the area hunted.

Special Notes: Archery tag holders can only hunt with archery equipment during archery seasons.

Muzzleloader Deer Seasons

License Required: Hunting license.

Tag Required: Valid muzzleloader deer tag on his/her person for the area hunted.

Hunting Method: Muzzleloader only.

Special Notes: Muzzleloader tag holders can only hunt during muzzleloader seasons and must hunt with muzzleloader equipment. Muzzleloader deer tag holders may apply for all either sex, antlerless only, and branched antler deer special hunting permits except on Private Lands Wildlife Management Area 201.

Firearm Restricted Deer Hunts Open To All Deer Hunters

License Required: Hunting license.

Tag Required: Valid modern firearm, archery or muzzleloader deer tag on his/her person for the area hunted.

Hunting Method: Must use weapon in compliance with tag. Firearm restrictions apply in some GMUs.

Special Deer Permit Hunting Seasons

(Open to Permit Holders Only)

Hunters must purchase a hunting license and deer tag prior to purchase of a permit application.

[Statutory Authority: RCW 77.12.040. 98-10-010 (Order 98-60), § 232-28-280, filed 4/22/98, effective 5/23/98.]

OTS-2433.1

AMENDATORY SECTION (Amending Order 98-71, filed 4/22/98, effective 5/23/98)

WAC 232-12-011  Wildlife classified as protected shall not be hunted or fished. Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

(1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:

(2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:

(3) Other protected wildlife include:

All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; (([all wildlife within Titlow Beach Marine Preserve Area and the conservation areas defined in chapter 220-16 WAC;])) all wildlife within Titlow Beach Marine Preserve Area and the conservation areas defined in chapter 220-16 WAC; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.

[Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]

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.

AMENDATORY SECTION (Amending Order 97-167, filed 8/25/97, effective 9/25/97)

WAC 232-12-014  Wildlife classified as endangered species. Endangered species include:

[Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]

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