PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-02-081.
Title of Rule: WAC 232-28-258 Washington auction permit hunts, 232-28-260 Special hunting seasons, 232-28-290 Washington raffle hunts, 232-28-291 Special hunting seasons, 232-28-292 Washington auction hunts, and 232-28-293 PLWMA raffle hunts.
Purpose: To repeal WAC 232-28-258 Washington auction permit hunts and 232-28-260 Special hunting seasons and replace it with WAC 232-28-290, 232-28-291, 232-28-292, and 232-28-292.
Statutory Authority for Adoption: RCW 77.12.040 and 77.32.530.
Statute Being Implemented: RCW 77.12.040 and 77.32.530.
Summary: Repeal WAC 232-28-260 and replace with WAC 232-28-290 Washington raffle hunts, 232-28-291 Special hunting seasons, 232-28-292 Washington auction hunts, and 232-28-293 PLWMA raffle hunts.
The transition to four WACs includes only minor content changes, including:
| • | Deleting 501 (c)(3) requirement for conservation organizations to participate in auctions and raffles. |
| • | Increasing group size for special hunting season permit applications for deer (12), elk (12), and turkey (4). |
| • | License and tag fees associated with auction and raffle permits will be deducted from auction and raffle revenue, respectively. |
Reasons Supporting Proposal: Currently, WAC 232-28-260 contains four distinct topics, making the WAC difficult to understand and cumbersome for amendments.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The four new rules describe special hunting seasons and auction and raffle opportunities in Washington.
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. This rule is not related to the hydraulics code.
Hearing Location: Ramada Inn, International Airport, 8909 Airport Road, Spokane, WA 99219, (509) 838-5211, on April 6-7, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by March 30, 2001, TDD (360) 902-2207, or (360) 902-2267.
Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 30, 2001.
Date of Intended Adoption: April 6, 2001.
February 21, 2001
Evan Jacoby
Rules Coordinator
2. When a raffle hunt is adopted by the Commission the director may conduct the raffle or may award a contract to a nonprofit wildlife conservation organization (hereafter referred to as "organization") to market and conduct the raffle drawing. The department of Fish and Wildlife shall solicit bids consistent with established state competitive bid rules.
3. There is no limit on the number of raffle tickets a person may purchase.
4. The organization interested in conducting a raffle for an authorized hunt shall submit a proposal outlining its experience and plan to conduct a raffle. The proposal shall include:
a. Name of the organization, articles of incorporation, and contact person.
b. The date, time, and place of the proposed raffle drawing.
c. The approximate number of raffle tickets expected to be sold.
d. Past experience in conducting raffles.
e. Marketing strategies to be used.
f. Portion of revenue proposed to be retained by the organization.
5. The director will select an organization to conduct a raffle.
a. Revenue potential to the department will be a primary criterion in applicant selection.
b. The department shall enter into a contract with the organization identifying specific terms of the contract.
c. The director may authorize the organization to sell raffle tickets for the department and retain a portion of the revenue from the tickets sold.
6. The following are rules for raffles conducted by a director authorized nonprofit wildlife conservation organization.
a. The organization shall notify the public about the raffle hunt opportunity and offer raffle tickets for sale.
b. The public must be informed of the date, time, and place of the raffle and hold the drawing as specified.
c. The drawing must be accessible to the public.
d. Raffle ticket sales must be completed prior to the public drawing. An accounting must be made of raffle tickets and funds received. A representative of the department will monitor the drawing.
e. One winner and two alternates shall be drawn at the drawing.
f. The organization shall notify the department of the name, address, and telephone number of the raffle winner and two alternates immediately (but no later than two business days) after the drawing.
g. The department's share of the raffle revenue shall be delivered to the department within 10 (ten) business days of the drawing.
7. The following are rules for raffles conducted by the department.
a. The department shall notify the public about the raffle hunt opportunity and offer raffle tickets for sale.
b. The department shall inform the public of date and place of the raffle, and hold the drawing as specified.
c. Raffle ticket sales must be complete prior to the drawing.
d. One winner and two alternates shall be drawn at the drawing.
8. The department will notify the winner and two alternates by telephone and by certified mail. The department will obtain enough information from the winner to issue the appropriate hunting license and transport tag(s).
9. If the winner cannot contact the Department within 15 business days of the drawing, the first alternate will be contacted and offered the raffle hunt. If the first alternate cannot be contacted within 10 business days after the winner disqualification deadline, the second alternate will be contacted and offered the raffle hunt. If the second alternate cannot be contacted within 10 business days after the first alternate disqualification deadline, the raffle hunt will not be offered by the department.
10. There shall be no refunds for any raffle ticket purchases.
11. The deer raffle winner may purchase an additional deer hunting license and transport tag and the elk raffle winner may purchase an additional elk hunting license and transport tag if desired. A hunter may obtain only one hunting license for mountain sheep, mountain goat, or moose annually. Even if previously drawn for a mountain goat, bighorn sheep, or moose hunt a hunter may participate in a raffle hunt. Turkey raffle winners may purchase up to three (3) additional turkey licenses and transport tags.
12. Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.
13. All revenue to the department from a raffle shall be used for the management and benefit of that species, except the hunting license and transport tag fees for the appropriate species shall be deducted from the raffle revenue.
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1. Deer, elk, cougar, or black bear special hunting season permit applications:
A. To apply for special hunting season permits for deer, elk, cougar, or black bear applicants must have a valid Washington big game hunting license and a valid transport tag for the appropriate species. To apply for a particular hunt, each applicant for deer or elk must have the proper transport tag as identified in the special deer or elk permit regulations.
B. No refunds or exchanges for deer, elk, cougar, or black bear hunting licenses or transport tags will be made for persons applying for special hunting season permits after the permit drawing has been held.
C. A holder of a deer, elk, cougar, or black bear special hunting season permit may hunt only with a weapon in compliance with the special hunting season.
2. Mountain goat, moose, and bighorn sheep special hunting season permit applications:
A. Persons who have previously drawn and accepted a special hunting season permit for Washington mountain goat, bighorn sheep, or moose are ineligible to apply for a special hunting season permit for that species. This lifetime permit holder restriction does not apply to mountain goat permits acquired before 1999, raffle or auction hunt authorizations, or youth-only moose hunts.
B. Successful applicants under this section must purchase the appropriate hunting license within fifteen days of notification by the department. Failure to purchase forfeits the permit to an alternate applicant.
C. No refunds for mountain goat, moose, or bighorn sheep hunting licenses will be made for persons successfully drawing and purchasing special hunting season permits.
3. Wild turkey special hunting season permit applications
A. To apply for wild turkey special hunting season permits, each applicant must have a valid small game hunting license.
B. No refunds for small game hunting licenses will be made, regardless of success in the drawing for wild turkey special hunting season permits.
C. Wild turkey special hunting season permit holders must have a valid turkey transport tag in possession to hunt turkeys in the special hunting season.
4. Special hunting season permit applications:
A. Group applications will be accepted for any species with a group size larger than one. Maximum group sizes are determined for each species. If a group application is drawn, all hunters in the group will receive a special hunting season permit and each hunter in the group can take an animal.
i. Maximum group size for deer is 12.
ii. Maximum group size for elk is 12.
iii. Maximum group size for bear is 2.
iv. Maximum group size for cougar is 2.
v. Maximum group size for mountain goat is 2.
vi. Maximum group size for bighorn sheep is 1.
vii. Maximum group size for turkey is 4.
viii. Maximum group size for moose is 1.
B. An applicant may purchase only one application for a special hunting season permit for each species.
C. Permits will be drawn by computer selection using a weighted point selection system.
D. Incomplete applications will not be accepted.
E. If an applicant makes a mistake, applies for the wrong hunt, and is successfully drawn, the special hunting season permit can be returned to the Department of Fish and Wildlife Olympia headquarters before the opening day of the special hunting season or the opening day of the general hunting season, whichever comes first. The applicant's points will be restored to the level prior to the permit drawing.
F. Anyone may apply for a special hunting season permit for deer, elk, bear, cougar, and wild turkey.
5. In addition to requirements for special hunting season permit applications, following are application requirements for:
A. Special hunting seasons for Persons of Disability: Only applicants with a Washington disabled hunter permit are eligible to apply for any special hunting season permits for persons of disability.
B. Special hunting seasons for Youth: Only persons who are eligible to lawfully purchase a youth hunting license are eligible to apply for special hunting season permits for youth.
C. Special hunting seasons for Hunters Age 65 and Older: Only applicants sixty-five years of age or older on or before March 31 of the current license year will be eligible to apply for special hunting season permits for hunters age 65 and older.
D. Special hunting seasons for Advanced Hunter Education Graduates: Only persons who hold a valid certificate from the Washington Department of Fish and Wildlife Advanced Hunter Education (AHE) program are eligible to apply for special hunting season permits for AHE hunters.
6. Citizen reward for reporting violations - bonus points: A person who provides information which contributes substantially to the arrest of another person for illegally killing big game or an endangered species as defined by Title 77 RCW is eligible to receive ten bonus points toward the special hunting permit drawing for deer or elk special hunting season permits.
A. Only ten bonus points can be awarded for providing information for each person charged regardless of the number of violations involved.
B. Selection of bonus points is in lieu of application for a cash award.
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2. When an auction hunt is adopted by the Commission, the director shall solicit nonprofit wildlife conservation organizations (hereafter referred to as "organizations") to bid to market and conduct a public auction for the special auction hunt. The department of fish and wildlife shall solicit bids consistent with established state competitive bid rules.
3. The organization interested in conducting an auction for an authorized hunt shall submit a proposal outlining its experience and plan to conduct a public auction. The proposal shall include:
a. Name of the organization, articles of incorporation, and contact person.
b. The date, time, and place of the proposed public auction.
c. The approximate number of people expected to attend the auction.
d. Past experience in conducting auctions.
e. Marketing strategies to be used.
f. Portion of revenue proposed to be retained by the organization.
4. The director will select an organization to conduct an auction.
a. Revenue potential to the department will be a primary criterion in applicant selection.
b. The department shall enter into a contract with the organization identifying specific terms of the contract.
5. The organization shall notify the public about the auction hunt opportunities.
a. The public must be informed of the date, time, and place of the auction and hold the auction as specified.
b. The auction must be accessible to the public.
c. Anyone may bid on an auction permit.
d. The organization shall award the hunt to the highest qualified bidder who will then become the auction hunt hunter.
e. The organization shall notify the department of the name and address of the successful bidder within ten days of the auction.
f. The department's share of the auction revenue shall be delivered to the department within 30 days of the auction.
6. All revenue to the department from an auction shall be used for the management and benefit of that species. Except, that the hunting license fees for the appropriate species shall be considered part of the auction price and be deducted from the auction revenue. A hunting license and transport tag will be mailed to the successful bidder.
7. The deer auction winner may purchase an additional deer hunting license and transport tag, and the elk auction winner may purchase an additional elk hunting license and transport tag. A hunter may obtain only one hunting license for mountain sheep, mountain goat, or moose annually.
8. Hunting licenses or transport tags obtained pursuant to an auction may not be resold or reassigned.
9. The auction hunt hunter shall comply with all applicable hunting rules and regulations.
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1. the PLWMA manager will conduct the raffle drawing. Raffle tickets will be sold for not more than $25.00 each.
2. Any person may purchase PLWMA raffle tickets in addition to WDFW raffle tickets and participate in auctions and special hunting season permit drawings.
3. The PLWMA raffle winners must possess the appropriate hunting license and transport tag prior to participating in the PLWMA raffle hunt.
4. The PLWMA deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag if desired.
5. If an additional deer or elk hunting license and transport tag are acquired by a raffle winner, the additional transport tag can only be used on the PLWMA during the raffle hunt.
6. The additional deer or elk hunting license and transport tag must be issued by the Olympia department headquarters licensing division.
7. Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.
8. The PLWMA manager conducting an authorized raffle will provide an annual report to the Department of Fish and Wildlife prior to December 31 of the raffle. The report will include information on how the event was administered, where and when it occurred, who the winners were, the cost of tickets, and the number tickets sold.
9. Anyone may participate in PLWMA raffles.
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The following sections of the Washington Administrative Code are repealed:
| WAC 232-28-258 | Washington auction hunts |
| WAC 232-28-260 | Special hunting seasons |