WSR 06-06-091

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-02-096.

Title of Rule and Other Identifying Information: WAC 232-12-051 Muzzleloading firearms, 232-12-054 Archery restrictions-archery special use permits, 232-12-257 Use of waterfowl decoys, 232-28-266 Landowner damage permits, and 232-28-295 Landowner hunting permits.

Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 596-9100, on April 7-8, 2006, at 8:00 a.m.

Date of Intended Adoption: April 7, 2006.

Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by Monday, March 24, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by April 5, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-12-051, recommended amendments to this rule help clarify lawful primers for use with muzzleloading firearms; WAC 232-12-054, the amendment to this rule would delete let-off requirements for compound bows; WAC 232-12-257, amendments to this rule would restrict the use of electronic calls and decoys for turkey and deer hunting; WAC 232-28-266, the amendments increase the number of permits available to address deer and elk damage problems; and WAC 232-28-295, the proposal adds a private landowner to the private lands hunter access program and sets permit levels for 2006.

Reasons Supporting Proposal: WAC 232-12-051, helps clarify what types of muzzleloader equipment is lawful for hunting.

WAC 232-12-054, the technological advances for compound bows has progressed to the point that few bows are made, or are available that meet, past let-off standards. In addition, the organization that maintains records for game animals taken with archery equipment recently relaxed standards for let-off.

WAC 232-12-257, technological advances and availability of electronic decoys and calls has expanded significantly; many hunters consider the use of electronics to be nontraditional and question the ethics of their use. The majority of people who submitted comments during the public involvement process supported all of these recommendations for equipment regulations.

WAC 232-28-266, an increasing number of landowners are requesting the use of these permits to address damage. They have proven to be very effective in dealing with damage problems and reducing landowner complaints.

WAC 232-28-295, these permits are consistent with the commission's policy on private lands hunter access program. They will result in expanded hunter access on this private property and will help mitigate deer and elk foraging on private pasturelands.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

Name of Proponent: Washington fish and wildlife commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

March 1, 2006

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 03-129, filed 6/12/03, effective 7/13/03)

WAC 232-12-051   Muzzleloading firearms.   (1) It is unlawful to carry or possess any firearm during muzzleloading seasons which does not meet the following specification for a muzzleloader. A muzzleloading firearm is loaded from the muzzle and uses black powder or a black powder substitute as recommended by the manufacturer for use in muzzleloading firearms. A muzzleloading firearm has a single or double barrel of at least 20 inches, rifled or smooth-bored. Ignition is to be wheel lock, matchlock, flintlock, or percussion using original style percussion caps that fit on the nipple; ((and are exposed to the elements)) shot shell and 209 primers are not legal. Sights must be open, peep or of other open sight design. Fiber optic sights are legal. Telescopic sights or sights containing glass are prohibited. It is unlawful to have any electrical device or equipment attached to a muzzleloading firearm while hunting.

(2) A muzzleloading firearm used for deer must fire a single, nonjacketed lead projectile of nominal 40 caliber or larger, except that buckshot size #1 or larger may be used in a smoothbore of 60 caliber or larger.

(3) A muzzleloading firearm used for all other big game must fire a single, nonjacketed lead projectile of nominal 50 caliber or larger, or fire a single, nonjacketed lead projectile of at least 170 grains.

(4) This section shall not apply to the carrying of a handgun designed to be charged with black powder only.

(5) This section shall not apply to persons lawfully hunting game birds with a shotgun.

(6) Only one barrel of a double barrel muzzleloader may be ((charged with a load)) loaded with powder or bullet or capped at any one time while hunting in a muzzleloading season except in specified firearm restricted areas.

[Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), 232-12-051, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-051, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.04.055 and 77.12.040. 90-14-109 (Order 450), 232-12-051, filed 7/5/90, effective 8/5/90; 89-11-062 (Order 393), 232-12-051, filed 5/18/89. Statutory Authority: RCW 77.12.040. 84-18-013 (Order 234), 232-12-051, filed 8/28/84; 81-12-029 (Order 165), 232-12-051, filed 6/1/81. Formerly WAC 232-12-135.]

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.
AMENDATORY SECTION(Amending Order 04-98, filed 5/12/04, effective 6/12/04)

WAC 232-12-054   Archery requirements -- Archery special use permits.   (1) Rules pertaining to all archery:

(a) It is unlawful for any person to carry or have in his possession any firearm while in the field archery hunting, during an archery season specified for that area, except that a handgun may be possessed, but not be used for the purpose of hunting.

(b) It is unlawful to have any electrical equipment or electric device(s) attached to the bow or arrow while hunting.

(c) It is unlawful to shoot a bow and arrow from a vehicle or from, across or along the maintained portion of a public highway, except persons with a disabled hunter permit may shoot from a vehicle if the hunter is in compliance with WAC 232-12-828.

(d) It is unlawful to use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw or in a firing position, except persons with an archery special use permit may hunt game birds or game animals using a device that stabilizes and holds a long bow, recurve bow, or compound bow at a full draw, and may use a mechanical or electrical release.

(e) It is unlawful to hunt wildlife with a crossbow, except disabled hunter permittees in possession of a crossbow special use permit.

(f) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead, and the broadhead blade or blades are less than seven-eighths inch wide.

(g) It is unlawful to hunt big game animals with a broadhead blade unless the broadhead is unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width forming a smooth line toward the feather end of the shaft and such line does not angle toward the point.

(h) It is unlawful to hunt wildlife with any bow or crossbow equipped with a scope.

(2) Rules pertaining to long bow, recurve bow and compound bow archery:

(a) It is unlawful for any person to hunt big game animals with a bow that possesses less than 40 pounds of pull measured at twenty-eight inches or less draw length ((or has a greater than 65% reduction (let off) in holding weight at full draw)).

(b) It is unlawful to hunt big game animals with any arrow measuring less than 20 inches in length or weighing less than 6 grains per pound of draw weight with a minimum arrow weight of 300 grains.

(3) Rules pertaining to crossbows:

(a) It is unlawful for a disabled hunter permit holder in possession of a crossbow special use permit to hunt big game animals with a crossbow with a draw weight less than 125 pounds, a limb width less than 24 inches, a draw length less than 14 inches, and a working trigger safety.

(b) It is unlawful for a disabled hunter permit holder in possession of a crossbow special use permit to hunt big game animals with any arrow or bolt measuring less than 16 inches in length and weighing less than 350 grains.

(c) It is unlawful for a disabled hunter permit holder in possession of a crossbow special use permit to hunt game animals or game birds with a crossbow that weighs more than 15 pounds.

(4) Archery special use permits:

(a) An archery special use permit is available to a person who possesses a valid disabled hunter permit. An archery special use permit application must be signed by a physician stating that the person's disability is permanent and the person has a loss of use of one or both upper extremities, has a significant limitation in the use of an upper extremity, or has a permanent physical limitation, which loss or limitation substantially impairs the ability to safely hold, grasp or shoot a long bow, recurve bow or compound bow. The loss or limitation may be the result of, but not limited to, amputation, paralysis, diagnosed disease, or birth defect. The approved archery special use permit must be in the physical possession of the person while using adaptive archery equipment as described in subsection (1)(d) of this section to hunt game birds or game animals.

(b) A crossbow special use permit is available to a person who meets the requirements for an archery special use permit and is unable to use adaptive archery equipment. Adaptive equipment includes, but is not limited to: Cocking devices that hold the bow at full draw; trigger mechanisms that may be released by mouth, or chin, or hand supporting the bow; and devices that assist in supporting the bow. Information describing types of adaptive equipment will be provided to physicians for their assessment of the applicant's ability to utilize adaptive archery equipment. Muscle weakness, impaired range of motion, or unilateral hand weakness disability, of both hands or both arms or both sides of the upper extremity, may result in an inability to use adaptive archery equipment. Standard tests approved by the American Medical Association may be conducted to assess a person's abilities.

(c) Subsection (4)(b) of this section, crossbow special use permits will be valid for the 2004 through 2006 hunting seasons, unless reauthorized by the Washington fish and wildlife commission.

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), 232-12-054, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), 232-12-054, filed 6/12/03, effective 7/13/03; 01-17-068 (Order 01-167), 232-12-054, filed 8/15/01, effective 9/15/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-054, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 90-03-092 (Order 427), 232-12-054, filed 1/24/90, effective 2/24/90; 88-13-012 (Order 310), 232-12-054, filed 6/6/88; 81-12-029 (Order 165), 232-12-054, filed 6/1/81. Formerly WAC 232-12-140.]


AMENDATORY SECTION(Amending Order 01-157, filed 8/20/01, effective 9/20/01)

WAC 232-12-257   Use of ((waterfowl)) decoys and calls.   (1) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of battery-powered or other electronic devices as decoys.

(2) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of electronic calls.

(3) On days open to waterfowl hunting, persons using lands or waters controlled by the department shall not:

(a) Place waterfowl decoys prior to 4:00 a.m.;

(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour; or

(c) Fail to remove waterfowl decoys within two hours after the close of established daily hunting hours.

(((2))) (4) On days closed to waterfowl hunting, persons using lands or waters controlled by the department shall not place waterfowl decoys except as authorized by permit of the director.

(((3) It is unlawful to hunt waterfowl with the use or aid of battery-powered or other electronic devices as decoys.))

(((4))) (5) This regulation shall be enforced under RCW 77.15.400.

[Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), 232-12-257, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-257, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-257, filed 6/1/81. Formerly WAC 232-12-630.]


AMENDATORY SECTION(Amending Order 05-85, filed 5/10/05, effective 5/15/05)

WAC 232-28-266   ((2003-2004, 2004-2005, 2005-2006)) Landowner damage hunts.  


LANDOWNER DAMAGE HUNTS


A landowner with deer/elk damage will enter into a Cooperative Agreement (contract) with WDFW and establish a boundary for deer/elk hunt, season dates within the framework and number of animals to be removed. Landowner agrees not to claim damage payments, except Elk Areas 3721 and 3722, and will allow access to hunters during the general hunting seasons. Landowner selects hunters. A landowner damage access permit provided by the landowner will authorize the hunter to use an unused general deer/elk tag to hunt and kill a legal animal during the prescribed damage hunt season.


Deer:

Tag Required: Deer hunter must have a current valid, unaltered, unnotched deer tag on his/her person.


Hunting Method: Any legal weapon.


Season Framework: August 1 - March 31

((2003-2004 2004-2005 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31))
Location: Statewide


Legal Deer: Antlerless Only


Kill Quota: ((600 Statewide)) 300 per license year


Location: Region One


Legal deer: Antlerless only


Kill Quota: 300 per license year


Location: GMUs 105-124


Legal Deer: Whitetail antlerless only


Kill Quota: 300 per license year


Elk:


Tag Required: Elk hunter must have a current valid, unaltered, unnotched elk tag on his/her person.


Hunting Method: Any legal weapon


Season Framework: August 1 - March 31

((2003-2004 2004-2005 2005-2006
August 1- August 1- August 1-
March 31 March 31 March 31))
Location: Statewide


Legal Elk: Antlerless Only


Kill Quota: 200 ((Statewide)) per license year


Location: Hanford Area


Elk Area 3722


Kill Quota: 30 any elk; 10 spike bull or antlerless; 60 antlerless only; per license year


Elk Area 3721


Kill Quota: 50 spike or antlerless during Aug. 1 - March 31((, 2006)); 30 bulls only during ((May)) June 15 - July 31, except spike only July 1-31; per license year.


Special Note: Access in Elk Area 3721 may not be sold as a condition of use of these permits. The director may consider damage claims from landowners in Elk Areas 3721 and 3722 who accept these permits and do not charge for access. Landowners in Elk Area 3722 who receive bull permits will not be considered for damage claims.

[Statutory Authority: RCW 77.12.047. 05-11-021 (Order 05-85), 232-28-266, filed 5/10/05, effective 5/15/05; 03-10-009 (Order 03-80), 232-28-266, filed 4/25/03, effective 5/26/03. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-28-266, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.020, 77.12.030, 77.12.040 and 77.32.220. 97-05-074, 232-28-266, filed 2/19/97, effective 3/22/97.]


AMENDATORY SECTION(Amending Order 06-09, filed 1/30/06, effective 3/2/06)

WAC 232-28-295   Landowner hunting permits.   A landowner may enter into a contract with the department and establish boundaries and other requirements for hunter access consistent with commission policy.

Hunters must possess both an access permit from the landowner and a hunting permit from the department when hunting on lands and for species covered under contract.


(1) Buckrun


Buckrun is located in Grant County, near the town of Wilson Creek. A legal description of the property has been filed with the county and is in the contract between Buckrun and the department.


Hunting on Buckrun is managed for a quality experience by scheduling hunt dates and keeping the number of hunters in the field low. Hunters with limited flexibility for hunt dates may experience scheduling problems. Hunters can generally expect one day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Mule and Whitetail Deer


2006 Buckrun Landowner Hunting Permits


The manager of Buckrun will distribute these hunting permits. An access fee may be charged in order to utilize these permits. No access fee will be charged for the raffle permit winners. Only hunters possessing a modern firearm deer tag are eligible for permits on Buckrun properties. Contact the manager at 509-345-2577 for additional information.


Hunt Name Quota Access Season Special Restrictions Boundary Description
Buckrun 10 Sept. 1 - Oct. 13 Antlerless only Buckrun
Buckrun 15 Oct. 23 - Dec. 31 Antlerless only Buckrun
Buckrun 13 Sept. 1 - Oct. 13 3 pt. max. buck* or antlerless Buckrun
Buckrun 13 Oct. 23 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
Buckrun 4 Sept. 1 - Dec. 31 Any deer Buckrun
Buckrun Raffle 2 Sept. 1 - Dec. 31 Any deer (3 day guided hunt) Buckrun

Mule and Whitetail Deer


2006 Buckrun Special Hunting Permits


Hunters apply to Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm deer tag are eligible for Buckrun special permits. Hunters can generally expect one day hunts during the permit season with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
Buckrun A 10 Sept. 1 - Oct. 13 Antlerless only youth hunters Buckrun
Buckrun B 10 Sept. 1 - Oct. 13 Antlerless only disabled hunters Buckrun
Buckrun C 5 Oct. 23 - Dec. 31 Antlerless only senior hunters (65+) Buckrun
Buckrun D 4 Sept. 1 - Oct. 13 3 pt. max. buck* or antlerless Buckrun
Buckrun E 4 Oct. 23 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
*3 Pt. maximum - A legal buck must have no more than 3 antler points on either antler (i.e., 1x1, 1x2, 1x3, 2x2, 2x3, 3x3 are legal). All antler points must be at least one inch long. Antler points EXCLUDE eye guards.

(2) 4-0 Cattle Company


2006 4-0 Cattle Company Landowner Hunting Permits


The manager of the 4-0 Cattle Company will distribute these hunting permits. An access fee may be charged in order to utilize these permits.


Elk


Hunt Name Quota Access Season Special Restrictions Boundary Description
4-0 Cattle Company 1 Sept. 8-21 Archery

Oct. 1-22 Modern Firearm

Any Bull 4-0 Cattle Company

Whitetail Deer


Hunt Name Quota Access Season Special Restrictions Boundary Description
4-0 Cattle Company 1 Nov. 15-25 Any Whitetail Buck 4-0 Cattle Company

2006 4-0 Cattle Company Special Hunting Permits


Hunters apply to Washington Department of Fish and Wildlife for these permits.


Elk


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
4-0 Bull Elk 1 Oct. 23 - Nov. 5 Any Bull 4-0 Ranch
4-0 Antlerless Elk A 60 Aug. 27 - Sep. 7 Antlerless Only 4-0 Grouse Flats
4-0 Antlerless Elk B 25 Aug. 27 - Sep. 7 Antlerless Only 4-0 Mountain View

Whitetail Deer


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
4-0 White-tailed Buck 1 Nov. 15-25 Any White-tailed Buck 4-0 Ranch
4-0 Antlerless Whitetail Deer 25 Nov. 1-12 Antlerless Only 4-0 River Property

[Statutory Authority: RCW 77.12.047, 77.12.020. 06-04-066 (Order 06-09), 232-28-295, filed 1/30/06, effective 3/2/06.]

Washington State Code Reviser's Office