WSR 06-06-102

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:32 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 232-28-282 Big game and wild turkey auction, raffle, and special incentive permits and 232-28-291 Special hunting season permits.

Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 956-9100, 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 232-28-282, the rule provides seasons, bag limits, and hunt areas for big game auction and raffle hunting opportunities. Recommended changes include: (1) Season dates of September 1 to December 31 for all big game auction and raffle hunts, (2) allowing California bighorn sheep and mountain goat hunters to hunt any open sheep or goat unit with at least two permits, respectively, (3) changing one GMU for the Rocky Mountain bighorn sheep raffle hunt area, and (4) editorial changes.

WAC 232-28-291, the purpose is to establish rules for conducting drawings for hunting season permits. The proposed change removes language regarding refunds of licenses and transport tags, refunds are now addressed in WAC 220-55-040.

Reasons Supporting Proposal: WAC 232-28-282, the purpose of the proposed changes is aimed at increasing revenue with no additional population impacts.

WAC 232-28-291, consolidate language regarding refunds for hunting licenses and transport tags.

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 05-271, filed 1/3/06, effective 2/3/06)

WAC 232-28-282   Big game and wild turkey auction, raffle, and special incentive permits.  


BIG GAME AUCTION PERMITS


The director will select a conservation organization(s) to conduct annual auction(s). Selection of the conservation organizations will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey auctions shall be conducted consistent with WAC 232-28-292.


SPECIES - ONE WESTSIDE DEER PERMIT


Hunting season dates: ((2005 and thereafter,)) September 1 - December 31

Hunt Area: Western Washington EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any buck deer


SPECIES - ONE EASTSIDE DEER PERMIT


Hunting season dates: ((2005 and thereafter,)) September 1 - December 31

Hunt Area: Eastern Washington EXCEPT those GMUs closed to deer hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any buck deer


SPECIES - ONE WESTSIDE ELK PERMIT


((Hunting season dates: September 1 - December 31, 2005

Hunt Area: Western Washington EXCEPT those GMUs closed to elk hunting and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk))


Hunting season dates: September 1 - December 31((, 2006 and thereafter))

Hunt Area: Western Washington EXCEPT GMU 485, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk


SPECIES - ONE EASTSIDE ELK PERMIT


Hunting season dates: September 1 - December 31

Hunt Area: Eastern Washington EXCEPT GMU 157, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Weapon: Any legal weapon.

Bag limit: One additional any bull elk


SPECIES - ONE CALIFORNIA BIGHORN SHEEP PERMIT


((Hunting season dates: September 1 - October 31, 2005

Hunt Area: Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain), Sheep Unit 12 (Lincoln Cliffs), or Sheep Unit 13 (Quilomene).

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One bighorn ram))


Hunting season dates: September 1 - ((October 31, 2006 and thereafter)) December 31

Hunt Area: ((Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain), or Sheep Unit 13 (Quilomene))) Any open sheep unit with two (2) or more permits during the respective license year, except sheep units in Walla Walla, Columbia, Garfield, Asotin, or Pend Oreille counties.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One bighorn ram


SPECIES - ONE MOOSE PERMIT


Hunting season dates: ((October 1 - November 30)) September 1 - December 31

Hunt Area: Any open moose unit.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One moose of either sex


SPECIES - ONE MOUNTAIN GOAT PERMIT


Hunting season dates: ((September 15 - October 31)) September 1 - December 31

Hunt Area: ((Goat Unit 3-6 (Naches Pass), Goat Unit 3-9 (Tieton River), Goat Unit 3-10 (Blazed Ridge), or Goat Unit 5-4 (Goat Rocks))) Any open goat unit with two (2) or more permits during the respective license year.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One mountain goat of either sex


RAFFLE PERMITS


Raffle permits will be issued to individuals selected through a Washington department of fish and wildlife drawing or the director may select a conservation organization(s) to conduct annual raffles. Selection of a conservation organization will be based on criteria adopted by the Washington department of fish and wildlife. Big game and wild turkey raffles shall be conducted consistent with WAC 232-28-290.


RAFFLE PERMIT HUNT(S)


WESTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Western Washington EXCEPT GMU 485 and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: ((2005 and thereafter,)) September 1 - December 31

Weapon: Any legal weapon.

Number of permits: 1

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


EASTSIDE DEER RAFFLE PERMIT HUNT


Bag limit: One additional any buck deer

Open area: Eastern Washington EXCEPT those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: ((2005 and thereafter,)) September 1 - December 31

Weapon: Any legal weapon.

Number of permits: 1

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


WESTSIDE ELK RAFFLE PERMIT HUNT


((Bag limit: One additional any bull elk

Open area: Western Washington EXCEPT those GMUs closed to elk hunting and those GMUs not open to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31, 2005.

Weapon: Any legal weapon.

Number of permits: 1

Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


Bag limit: One additional any bull elk

Open area: Western Washington EXCEPT GMU 485, those GMUs closed to elk hunting, and those GMUs not open to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31((, 2006 and thereafter)).

Weapon: Any legal weapon.

Number of permits: 1

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


EASTSIDE ELK RAFFLE PERMIT HUNT


Bag limit: One additional any bull elk

Open area: Eastern Washington EXCEPT GMU 157, those GMUs closed to elk hunting, and those GMUs not opened to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon.

Number of permits: 1

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


CALIFORNIA BIGHORN SHEEP RAFFLE PERMIT HUNT


((Bag limit: One bighorn ram

Open area: Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain), Sheep Unit 12 (Lincoln Cliffs), or Sheep Unit 13 (Quilomene).

Open season: September 1 - October 31, 2005.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

Raffle ticket cost: $10.00 including a 50-cent vendor fee.))


Bag limit: One bighorn ram

Open area: ((Sheep Unit 4 (Selah Butte), Sheep Unit 5 (Umtanum), Sheep Unit 7 (Cleman Mountain) or Sheep Unit 13 (Quilomene))) Any open bighorn sheep unit with two (2) or more permits during the respective license year, except sheep units in Walla Walla, Columbia, Garfield, Asotin, or Pend Oreille counties.

Open season: ((September 1 - October 31, 2006 and thereafter)) September 1 - December 31.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

((Raffle ticket cost: $10.00 including a 50-cent vendor fee.))


MOOSE RAFFLE PERMIT HUNT


Bag limit: One moose of either sex

Open area: Any open moose unit.

Open season: ((October 1 - November 30)) September 1 - December 31.

Weapon: Hunter may use any legal weapon.

Number of permits: 1

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


MOUNTAIN GOAT RAFFLE PERMIT HUNT


Bag limit: One mountain goat of either sex

Open area: ((Goat Unit 3-6 (Naches Pass), Goat Unit 3-9 (Tieton River), Goat Unit 3-10 (Blazed Ridge), or Goat Unit 5-4 (Goat Rocks))) Any open goat unit with two (2) or more permits during the respective license year.

Open season: ((September 15 - October 31)) September 1 - December 31.

Weapon: Hunter may use any legal weapon.

Number of permits: 2

((Raffle tickets cost: $5.00 including a 50-cent vendor fee.))


TURKEY RAFFLE PERMIT HUNTS


Bag limit: Three (3) additional wild turkeys, but not to exceed more than one turkey in Western Washington or two turkeys in Eastern Washington.

Open area: Statewide.

Open season: April 1 - May 31.

Weapon: Archery or shotgun only.

Number of permits: 2

((Raffle ticket cost: $5.00 including a 50-cent vendor fee.))


DIRECTOR AUTHORIZED BIG GAME AUCTION OR RAFFLE PERMITS


The director shall determine which method of permit opportunity, auction or raffle, taking into consideration impacts to the wildlife resource, opportunity to the hunting community, other resource management issues, and expected revenue. The director may select a conservation organization(s) to conduct annual auction(s) or raffle(s). Selection of the conservation organization will be based on criteria adopted by the Washington department of fish and wildlife. Big game auctions and raffles shall be conducted consistent with WAC 232-28-292.


ROCKY MOUNTAIN BIGHORN SHEEP AUCTION OR RAFFLE PERMIT


Hunting season dates: ((2005 and thereafter,)) September 1 - ((October)) December 31

Hunt Area: GMUs ((166)), 169, 172, 181, 186.

Weapon: Hunter may use any legal weapon.

Bag limit: One bighorn ram


SPECIAL INCENTIVE PERMITS


Hunters will be entered into a drawing for special deer and elk incentive permits for prompt reporting of hunting activity in compliance with WAC 232-28-299.


(a) There will be two (2) any elk special incentive permits for Western Washington.

Open area: Western Washington EXCEPT GMUs 418, 485, 522, and those GMUs closed to elk hunting or closed to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One additional elk.


There will be two (2) any elk special incentive permits for Eastern Washington.

Open area: Eastern Washington EXCEPT GMU 157 and those GMUs closed to elk hunting or closed to branch antlered bull elk hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons.

Bag limit: One additional elk.


(b) There will be five (5) statewide any deer special incentive permits, for use in any area open to general or permit hunting seasons EXCEPT GMUs 157, 418, 485, 522, and those GMUs closed to deer hunting by the fish and wildlife commission.

Open season: September 1 - December 31.

Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons and any legal weapon at other times if there are no firearm restrictions.

Bag limit: One additional any deer.


Auction, raffle, and special incentive hunt permittee rules

(1) Permittee shall contact the appropriate regional office of the department of fish and wildlife when entering the designated hunt area or entering the region to hunt outside the general season.

(2) The permittee may be accompanied by others; however, only the permittee is allowed to carry a legal weapon or harvest an animal.

(3) Any attempt by members of the permittee's party to herd or drive wildlife is prohibited.

(4) If requested by the department, the permittee is required to direct department officials to the site of the kill.

(5) The permit is valid during the hunting season dates for the year issued.

(6) The permittee will present the head and carcass of the bighorn sheep killed to any department office within 72 hours of date of kill.

(7) The permittee must abide by all local, state, and federal regulations including firearm restriction areas and area closures.

(8) Hunters awarded the special incentive permit will be required to send the appropriate license fee to the department of fish and wildlife headquarters in Olympia. The department will issue the license and transport tag and send it to the special incentive permit winner.

[Statutory Authority: RCW 77.12.047. 06-02-063 (Order 05-271), 232-28-282, filed 1/3/06, effective 2/3/06; 05-11-022 (Order 05-89), 232-28-282, filed 5/10/05, effective 6/10/05. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), 232-28-282, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), 232-28-282, filed 8/5/03, effective 9/5/03; 03-03-016 (Order 03-03), 232-28-282, filed 1/7/03, effective 2/7/03; 02-15-019 (Order 02-135), 232-28-282, filed 7/8/02, effective 1/1/03.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 04-327, filed 1/3/05, effective 2/3/05)

WAC 232-28-291   Special hunting season permits.   The commission may establish special hunting seasons limited to species and/or weapon type.

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.))

2. Mountain goat, moose, and bighorn sheep special hunting season permit applications:

A. Persons who have previously harvested a mountain goat, bighorn sheep, or moose in Washington are ineligible to apply for a special hunting season permit for that species. This lifetime harvest restriction does not apply to individuals who harvested a mountain goat before 1999, raffle or auction hunt authorizations, or antlerless-only moose hunts.

B. Successful applicants under this section must purchase the appropriate hunting license within fifteen days of the published notification deadline 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.)) B. 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 2.

vii. Maximum group size for turkey is 4.

viii. Maximum group size for moose is 2.

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 hunting or 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.

7. Second deer or elk tag: Second deer or elk tags may be offered under the special hunting season permit application process. Successful applicants under this section may purchase an appropriate second transport tag. The legal bag limit restrictions for second tags will be listed in the respective deer or elk hunting season WACs. Purchase deadline restrictions for second deer or elk tags will be listed in the respective deer or elk hunting season WACs.

[Statutory Authority: RCW 77.12.047. 05-02-046 (Order 04-327), 232-28-291, filed 1/3/05, effective 2/3/05; 03-16-087 (Order 03-175), 232-28-291, filed 8/5/03, effective 9/5/03; 03-13-047 (Order 03-129), 232-28-291, filed 6/12/03, effective 7/13/03; 03-02-005 (Order 02-301), 232-28-291, filed 12/20/02, effective 1/20/03. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-28-291, filed 4/26/01, effective 5/27/01.]

Washington State Code Reviser's Office