WSR 02-13-137

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 19, 2002, 11:49 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-109.

     Purpose: To adopt WAC 232-28-426 2002-03 Migratory waterfowl seasons and regulations; and to repeal WAC 232-28-425 2001-02 Migratory waterfowl seasons and regulations.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Reasons Supporting Proposal: [No information supplied by agency.]

     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 rule establishes waterfowl seasons and regulations to provide recreational opportunity, control waterfowl damage, and conserve the waterfowl resources of Washington.

     Proposal Changes the Following Existing Rules: WAC 232-28-426 specifies legal season dates, bag limits, and open areas to hunt waterfowl for the 2002-03 hunting season. WAC 232-28-425 is now obsolete and will be replaced by WAC 232-28-426.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These recommendations involve rules for recreational hunters and do not directly regulate 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: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA 98520, on August 2-3, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 26, 2002, 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 July 12, 2002.

     Date of Intended Adoption: August 2, 2002.

June 19, 2002

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 232-28-426   2002-03 Migratory waterfowl seasons and regulations.  


DUCKS


Statewide


Oct. 5-16, 2002 and Oct. 26, 2002 - Jan. 26, 2003.


Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 21-22, 2002.


Daily bag limit: 7 ducks -- to include not more than 2 hen mallards, 1 pintail, 4 scaup, 2 redheads, 1 canvasback, 1 harlequin, 4 scoters, and 4 oldsquaws.

Possession limit: 14 ducks -- to include not more than 4 hen mallards, 2 pintails, 8 scaup, 4 redheads, 2 canvasbacks, 1 harlequin, 8 scoters, and 8 oldsquaws.


COOT (Mudhen)


Same areas, dates (including youth hunting weekend), and shooting hours as the general duck season.


Daily bag limit: 25 coots.

Possession limit: 25 coots.


COMMON SNIPE


Same areas, dates (except youth hunting weekend), and shooting hours as the general duck season.


Daily bag limit: 8 snipe.

Possession limit: 16 snipe.


GEESE (except Brant and Aleutian Canada geese)


Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 21-22, 2002, statewide except Western Washington Goose Management Areas 2A and 2B.


Daily bag limit: 4 Canada geese.

Possession limit: 8 Canada geese.


Western Washington Goose Seasons


Goose Management Area 1

Island, Skagit, Snohomish counties.


Oct. 5, 2002 - Jan. 5, 2003 for snow, Ross', or blue geese.

Oct. 5-24, 2002 and Nov. 9 - Jan. 26, 2003 for other geese (except Brant and Aleutian Canada geese).


Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.


WRITTEN AUTHORIZATION REQUIRED TO HUNT SNOW GEESE. All persons hunting snow geese in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who held a 2001-02 authorization and returned the harvest report prior to the deadline will be mailed a 2002-03 authorization in early October. Hunters who did not possess a 2001-02 authorization must fill out an application (available at Washington department of fish and wildlife Olympia and regional offices). Application forms must be delivered to a department office no later than September 25 or postmarked on or before September 25 in order for applicants to be mailed a 2002-03 authorization before the season starts. No applications will be accepted after October 31, 2002. Immediately after taking a snow goose into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By January 31, 2003, hunters must return the harvest report to the Washington Department of Fish and Wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2003-04 snow goose season.


Goose Management Area 2A

Cowlitz and Wahkiakum counties, and that part of Clark County north of the Washougal River.


Open on the following days from 8:00 a.m. to 4:00 p.m.:


Nov. 27, 2002, and Saturdays, Sundays, and Thursdays only (except Ridgefield NWR), Nov. 30, 2002 - Jan. 26, 2003. Ridgefield NWR (Zone 1): Saturdays, Mondays, and Wednesdays only, Nov. 27, 2002 - Jan. 26, 2003, except closed Dec. 25, 2002 and Jan. 1, 2003.


Goose Management Area 2B

Pacific and Grays Harbor counties.


Open on the following days from 8:00 a.m. to 4:00 p.m.: Saturdays, Sundays, and Thursdays only, Nov. 9 - Dec. 29, 2002, except closed Nov. 28, 2002.


Bag limits for Goose Management Areas 2A and 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, and not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and not more than 6 snow, Ross', or blue geese.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted (as shown in the Munsell color chart 10 YR, 5 or less) Canada goose with a culmen (bill) length of 40-50 mm.


Special Provisions for Goose Management Areas 2A and 2B:

The Canada goose season for Goose Management Areas 2A and 2B will be closed early if dusky Canada goose harvests exceed area quotas which collectively total 80 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 80 duskys, to be distributed 10 for Zone 1 (Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the Kalama River); 20 for Zone 3 (Clark County except Ridgefield NWR); 10 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); 10 for Zone 5 (Pacific County); and 5 for Zone 6 (Grays Harbor County). Quotas may be shifted to other zones during the season to optimize use of the statewide quota and minimize depredation.


Hunting is only permitted by written authorization from the Washington department of fish and wildlife. Hunters who maintained a valid 2001-02 written authorization will be mailed a 2002-03 authorization card prior to the 2002-03 season. New hunters and those who did not maintain a valid 2001-02 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive written authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time. Information on training materials and testing dates/locations is available at the Olympia and regional offices.


With written authorization, hunters will receive a harvest report. Hunters must carry the authorization card and harvest report while hunting. Immediately after taking a Canada goose (dusky, lesser/Taverner, cackling, or other subspecies) into possession, hunters must record in ink the information required on the harvest report. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the harvest report, written authorization will be invalidated and the hunter will not be able to hunt Canada geese in Goose Management Areas 2A and 2B for the remainder of the season and the special late Canada goose season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B.


Goose Management Area 2A

Special Late Canada Goose Season

Open to Washington department of fish and wildlife advanced hunter education (AHE) program graduates and youth hunters (15 years of age or under, who are accompanied by an AHE hunter) possessing a valid 2002-03 southwest Washington Canada goose hunting authorization, in areas with agricultural goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:


Saturdays, Sundays, and Thursdays, Feb. 1 – Mar. 9, 2003.


Daily bag limit: 4 Canada geese, to include not more than 1 dusky Canada goose.

Possession limit: 8 Canada geese, to include not more than 1 dusky Canada goose.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted Canada goose (as shown in the Munsell color chart 10 YR, 5 or less) with a culmen (bill) length of 40-50 mm.


Hunters qualifying for the season will be placed on a list for participation in this hunt. Washington department of fish and wildlife will assist landowners with contacting qualified hunters to participate in damage control hunts on specific agricultural lands incurring goose damage. Participation in this hunt will depend on the level of agricultural crop damage experienced by local landowners. The special late Canada goose season will be closed by emergency action if the harvest of dusky Canada geese exceeds 85 for the regular and late seasons. All provisions listed above for Goose Management Areas 2A and 2B regarding written authorization, harvest reporting, and checking requirements also apply to the special late season; except hunters must confirm their participation at least 24 hours in advance by calling the goose hunting hotline (listed on hunting authorization), and hunters must check out by 5:00 p.m. on each hunt day regardless of success. It is unlawful to fail to comply with all provisions listed above for the special late season in Goose Management Area 2A.


Goose Management Area 3

Includes all parts of Western Washington not included in Goose Management Areas 1, 2A, and 2B.


Oct. 5-24, 2002 and Nov. 9 - Jan. 26, 2003.


Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.


Eastern Washington Goose Seasons


Goose Management Area 4

Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla counties.


Saturdays, Sundays, and Wednesdays only during Oct. 5-24, 2002 and Nov. 9 - Jan. 19, 2003; Nov. 11, 28, 29; and every day Jan. 20-26, 2003.


Goose Management Area 5

Includes all parts of Eastern Washington not included in Goose Management Area 4.


Every day, from Oct. 5-24, 2002 and Nov. 9 - Jan. 26, 2003.


Bag limits for all Eastern Washington Goose Management Areas:

Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.


BRANT


Open in Skagit and Pacific counties only on the following dates:


Nov. 23, 24, 26, 28, and 29, 2002.

Jan. 18, 19, 22, 25, and 26, 2003.


If the 2002-03 preseason wintering brant population in Skagit County is below 6,000 (as determined by the winter survey in late December/early January), the January 2003 brant season in Skagit County will be canceled.


WRITTEN AUTHORIZATION REQUIRED: All hunters participating in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who held a 2001-02 authorization will be mailed a 2002-03 authorization in December. Hunters who did not possess a 2001-02 authorization must fill out an application (available at Washington department of fish and wildlife regional offices). Application forms must be delivered to a department office no later than 5:00 p.m. on November 8 or postmarked on or before November 8, after which applicants will be mailed a 2002-03 authorization in December. Late applications will not be accepted. Immediately after taking a brant into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By January 31, 2003, hunters must return the harvest report to the Washington Department of Fish and Wildlife, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2003-04 brant season.


Bag limits for Skagit and Pacific counties:

Daily bag limit: 2 brant.

Possession limit: 4 brant.


ALEUTIAN CANADA GEESE AND SWANS


Season closed statewide.


FALCONRY SEASONS

DUCKS, COOTS, AND SNIPE (Falconry)

(Bag limits include geese and mourning doves.)


Oct. 5-16, 2002 and Oct. 26, 2002 - Jan. 26, 2003, statewide.

Daily bag limit: 3, straight or mixed bag with geese and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with geese and mourning doves during established seasons.


GEESE (Falconry)

(Bag limits include ducks, coot, snipe, and mourning doves.)


Oct. 5-24, 2002 and Nov. 9 - Jan. 26, 2003, statewide, except Goose Management Areas 1, 2A, and 2B.


Goose Management Area 1: Oct. 5, 2002 - Jan. 5, 2003.


Goose Management Area 2A: Nov. 27, 2002, and Saturdays, Sundays, and Thursdays only (except Ridgefield NWR), Nov. 30, 2002 - Jan. 26, 2003; and Saturdays, Sundays, and Thursdays, Feb. 1 – Mar. 9, 2003. Ridgefield NWR (Zone 1): Saturdays, Mondays, and Wednesdays only, Nov. 27, 2002 - Jan. 26, 2003, except closed Dec. 25, 2002 and Jan. 1, 2003.


Goose Management Area 2B: Saturdays, Sundays, and Wednesdays only, Nov. 9 - Dec. 29, 2002, except closed Nov. 28, 2002.


Daily bag limit for all areas: 3 geese (except brant and Aleutian Canada geese), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

Possession limit for all areas: 6 geese (except brant and Aleutian Canada geese), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-28-425 2001-02 Migratory waterfowl seasons and regulations

© Washington State Code Reviser's Office