PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-10-088.
Title of Rule and Other Identifying Information: WAC 232-12-134 Report required of licensed trappers, 232-28-285 2006-2007 Pilot cougar hunting seasons with the aid of dogs, and 232-28-515 Trapping seasons and regulations.
Hearing Location(s): Best Western Cotton Tree Inn and Convention Center, 2300 Market Street, Mount Vernon, WA 98273, (360) 428-5678, on August 4-5, 2006, at 8:00 a.m.
Date of Intended Adoption: August 4, 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, July 10, 2006.
Assistance for Persons with Disabilities: Contact Nancy Burkhart by August 1, 2006, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-12-134 Report required of licensed trappers: Currently, licensed trappers are required to report their trapping activity and those that fail to report by April 10 each year may not buy a trapping license for one year. The recommended change is to drop the one-year waiting period and require noncompliant trappers to pay a penalty via an infraction, plus report their trapping activity prior to being allowed to purchase a trapping license. The recommendation also includes making the licensed trapper responsible for ensuring the department receives their trapper report of catch form.
WAC 232-28-285 2006-2007 Pilot cougar hunting seasons with the aid of dogs: Continues pilot cougar seasons in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties for the 2006-2007 winter season. Under the rule, an anticipated one hundred two cougars will be harvested within four hunt zones. Notable changes from the 2005-2006 pilot cougar seasons are clarifying the definition of "accompany" and "pursuit" to address dogs leashed near a treed cougar.
WAC 232-28-515 Trapping seasons and regulations: Currently, licensed trappers are required to report their trapping activity and those that fail to report by April 10 each year may not buy a trapping license for one year. The recommended change is to drop the one-year waiting period and instead require noncompliant trappers to pay an infraction penalty before purchasing a trapping license. To accomplish this, WAC 232-28-515 Trapping seasons and regulations will refer to WAC 232-12-134 Report required of licensed trappers.
Reasons Supporting Proposal: WAC 232-12-134 Report required of licensed trappers: To make noncompliance for reporting trapping activity more consistent with WAC 232-28-299 Mandatory report of hunting activity.
WAC 232-28-285 2006-2007 Pilot cougar hunting seasons with the aid of dogs: Enhance public safety and provide a more effective cougar management program.
WAC 232-28-515 Trapping seasons and regulations: To make noncompliance for reporting trapping activity consistent with WAC 232-28-299 Mandatory report of hunting activity.
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.
Evan Jacoby
Rules Coordinator
Violation of this section is an infraction, punishable under RCW 77.15.160.))
(1) All trappers purchasing a trapping license must report their trapping activity, regardless of trapping success or whether they trapped or not.
(a) Trappers must report trapping activity by April 10.
(b) Reports must be made using the department's designated Trapper's Report of Catch form or internet trapper reporting system.
(c) If a trapper chooses to report using the Trapper's Report of Catch form, it is the responsibility of the licensed trapper to obtain a form and ensure the form is received by Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091.
(d) Any trapper not reporting by April 10 will be in noncompliance of reporting requirements.
(e) False reports will be considered the same as noncompliance.
(f) Failure to report trapping activity is an infraction, punishable under RCW 77.15.160.
(g) Noncompliant trappers who have paid their penalty under subsection (f) must report their trapping activity prior to being issued a trapping license.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 232-12-134, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-134, filed 8/11/99, effective 9/11/99; 84-16-015 (Order 232), § 232-12-134, filed 7/23/84; 81-22-002 (Order 174), § 232-12-134, filed 10/22/81; 81-12-029 (Order 165), § 232-12-134, filed 6/1/81. Formerly WAC 232-12-280.]
"Accompany" means the dog handler and permit hunter must
be in the physical presence of each other ((at the time)) when
dogs are ((released from a leash or unrestrained)) in pursuit.
"Pursue" or "pursuit" means dogs ((that)) are: (1) not
on a leash or restrained, ((are)) or (2) starting a cougar
track, or (3) in the act of tracking a cougar, or (4) at a
treed cougar. Transporting dogs in a motorized vehicle or
walking a dog on a leash is not ((a)) pursuit.
"Dog owner" means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.
"Quota" means the targeted harvest goal. The actual harvest level may exceed the quota.
"Kill permit" allows a hunter to pursue or kill cougar.
"Pursuit permit" allows a hunter to pursue cougar.
(1) The pilot cougar-hunting season will allow use of dogs to hunt cougar. The hunts will consist of pursuit-or-kill seasons and pursuit-only seasons, and are allowed only in Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties.
(2) Pursuit-or-kill seasons:
Cougar may be pursued or killed with the aid of dogs from
December 1, ((2005)) 2006, until the female zone quota has
been killed, the total zone quota has been killed, or March
31, ((2006)) 2007, whichever occurs first; EXCEPT GMUs 101 and
204 where cougar may be pursued or killed from January 1,
((2006)) 2007, until the female zone quota has been killed,
the total zone quota has been killed, or March 31, ((2006))
2007, whichever occurs first.
(3) Pursuit-only seasons:
(a) If a zone quota is killed prior to March 31, ((2006))
2007, cougar may be pursued with dogs in all or portions of
that zone until March 31, ((2006)) 2007. Hunters may only
pursue cougars in designated pursuit only areas identified on
their kill or pursuit-only permit. Hunters may not kill
cougar during pursuit-only seasons.
(b) Hunters selected for the pursuit-or-kill season (accompanied by up to three of their identified handlers) may participate in a pursuit-only season. Permit hunters that harvest a cougar under a kill permit may continue to pursue cougars until March 31. If a zone quota is killed, the department will also issue pursuit-only permit to hunters drawn at random from the unselected pool of applicants. The director will identify the number of pursuit-only hunters selected.
(4) Hunt areas and kill quotas:
Cougar seasons will be based on a quota system, where
permit hunters using dogs may hunt and kill cougar until the
allotted numbers of cougar have been killed from each hunt
zone or March 31, ((2006)) 2007, whichever occurs first.
(a) Kill quotas start September 1 and will include all cougar killed during seasons with and without the aid of dogs, including cougar seasons under this section, cougar seasons without the aid of dogs authorized under WAC 232-28-272, depredation permits, landowner kill permits, and WDFW depredation authority.
(b) Individual problem cougar will continue to be killed on an as-needed basis utilizing depredation permits, landowner kill permits, and WDFW depredation authority even if these kills result in exceeding a zone quota.
| (( |
|||||||
| CMU | Hunt Choice | Hunt Zone | Area Description | Total | Female | ||
| East Cascades North | 9001 | Okanogan | Those portions of GMUs 203, 209, 215, 218, 233, 224, 231, 239, and 242 within Okanogan County | 28 | 11 | ||
| 9002 | Chelan | Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County | 10 | 4 | |||
| Northeastern | 9003 | Ferry-Okanogan | GMUs 101, 204 | 26 | 10 | ||
| 9004 | Stevens-Pend Oreille | Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties | 38 | 15 | |||
Permit hunters participating in a pursuit-or-kill season must call the toll free cougar quota hotline within twenty-four hours prior to each day hunting cougar to determine if the zone quota has been killed and the zone is closed. Hunters who hunt more than one consecutive day must call the quota hotline once daily to determine if the zone quota is killed. Hunters who harvest a cougar with the aid of dogs must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar, with proof of sex naturally attached, must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull in such a manner that teeth and biological samples can be extracted to an authorized department employee at the time of sealing.
(6) Kill or pursuit-only permit eligibility:
(a) To apply for a kill or pursuit-only permit under this section, individuals must sign an affidavit provided by the department, certifying under penalty of false swearing under RCW 9A.72.040 that they are a dog owner. The affidavit must be mailed to WDFW by the date and time identified by the director. Individuals not registered as a dog owner will not be issued a permit.
(b) To apply for a kill or pursuit-only permit under this section, individuals must purchase a cougar permit application and submit the application in compliance with WAC 232-28-291 by a date and time identified by the director.
(c) To be eligible for a permit, the participant must be a Washington resident who at the time of application for a permit possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a cougar hunt under this section.
(d) A permit will not be issued to any person who has been convicted of unlawful use of dogs under RCW 77.15.245 within the five-year period prior to December 1, 2004. Any person issued a permit and who is subsequently convicted of any wildlife offense while participating in a pursuit-or-kill or pursuit-only season, or who violates any condition of the permit, will have the permit revoked and will be ineligible to participate in the remainder of the three-year pilot program.
(7) Permit issuance procedure:
(a) The number of kill permits for a pursuit-or-kill season with the aid of dogs may be established by the director, but will not exceed two times the total cougar quota for each hunt zone.
(b) The department will issue kill or pursuit-only permits to the persons whose applications are drawn at random. Individuals selected will be notified by telephone or mail. Individuals selected must return the signed affidavit to the department's wildlife program in Olympia within fifteen days of being notified. Failure to return the completed affidavit to the department will result in forfeit of the permit. Kill and pursuit-only permits may not be sold or reassigned.
(c) If a female zone quota or total zone quota is not killed in a hunt zone by January 15 (or sooner as identified by the director), then the department will issue kill permits to additional hunters. Hunters will be drawn at random from the unselected pool of applicants and must be a resident of one of the five counties.
(8) Qualifications for participation and requirements:
In addition to the provisions applicable to all cougar hunters:
(a) Successful applicants must complete a training program prior to participating in a pursuit-or-kill season or pursuit-only season with the aid of dogs.
(b) Participants must have their permit issued by the department in their possession while hunting cougar.
(c) Individuals selected for a kill permit may kill and possess two cougar per permit and only the permittee may kill the cougar(s). However, a kill permit holder may not kill a second cougar in a hunt zone until January 15 (or sooner as identified by the director).
(d) Individuals selected for a cougar kill or pursuit-only permit may use dog handlers. However, no more than three handlers may accompany the permittee while hunting or pursuing cougar. Dog handlers may not pursue cougar when the permit hunter is not present at the time the dogs are released from a leash or unrestrained. Dog handlers must have a dog handler identification card, issued by the department, in their possession while participating in a pursuit-or-kill season or pursuit-only season.
(e) Dog handlers must be a Washington resident and possess a valid hunting license.
(f) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.
(g) Participants must have a vehicle placard issued by the department. The vehicle placard must be placed in the permittee's and dog handler's vehicles and be visible from outside the vehicles at all times while hunting or pursuing cougar.
(h) Kill and pursuit-only permit hunters are required to
maintain and return to the department a pilot cougar hunting
season logbook. At the end of each day hunting cougar, the
permit hunters must record their hunting activities, including
that of their dog handlers, in their logbook. If requested by
department staff, permit hunters must provide the logbook for
inspection. Logbooks must be mailed to the department at
WDFW-Pilot Cougar Hunt, 600 Capitol Way North, Olympia, WA
98501-1091 by April 10, ((2006)) 2007. A violation of this
requirement under this subsection is punishable as an
infraction under RCW 77.15.160.
(9) The permit belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
[Statutory Authority: RCW 77.12.047. 05-17-098 (Order 05-174), § 232-28-285, filed 8/15/05, effective 9/15/05; 04-21-036 (Order 04-284), § 232-28-285, filed 10/14/04, effective 11/14/04.]
To be issued your first Washington State trapping license an
individual must pass the Washington State trapper education
exam.
((A trapping license will only be issued to a trapper that has
returned the mandatory trapper report of catch postmarked on
or before April 10 of the previous year. A trapper that fails
to submit a report of catch must wait one year before
purchasing another trapping license. False reports will be
considered the same as failure to return the catch report.))
It is unlawful to: Trap for wild animals before October 1,
and after March 15, in western Washington, except that owners
of, or persons legally controlling a property (or their
designee) may trap unclassified wild animals that are causing
damage or depredating on said property.
It is unlawful to: Place traps or establish drowning wires
and weights prior to 7:00 a.m. on the opening date of the
trapping season. All opening and closing season dates are
inclusive.
Trapping Seasons:
General Western Washington Trapping Seasons (Clallam, Clark,
Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis,
Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish,
Thurston, Wahkiakum, Whatcom counties):
| SPECIES | OPENING DATE | CLOSING DATE |
| Bobcat | November 18, 2006 November 17, 2007 November 15, 2008 |
February 28, 2007, 2008, and 2009 |
| Beaver, River Otter, Red Fox, Weasel, Marten, Mink, Muskrat, and Raccoon | November 1, 2006, 2007, and 2008 | March 31, 2007, 2008, and 2009 |
Game Management Unit 522 (Loo-wit) (Cowlitz and Skamania
counties) is closed to all trapping.
Island County
The red fox season is closed.
Lewis County
Green River drainage, above and including Miners Creek drainage, is closed to all trapping except for bobcat and coyote.
Skagit and Whatcom counties
Ross Lake National Recreation Area is closed to all trapping. Red fox season is closed, except within the boundaries of Mount Baker-Snoqualmie and Okanogan National Forests.
Skamania County
The following areas are closed to all trapping, except for bobcat and coyote: Muddy River drainage, above and including Bean Creek drainage; Pine Creek drainage above USFS Road 83; and Green River drainage, above and including Miners Creek drainage.
General Eastern Washington Trapping Seasons (Adams, Asotin,
Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
Spokane, Stevens, Walla Walla, Whitman, and Yakima counties):
| SPECIES | OPENING DATE | CLOSING DATE |
| Bobcat | November 18, 2006 November 17, 2007 November 15, 2008 |
February 28, 2007, 2008, and 2009 |
| Badger, Beaver,
Mink, Muskrat,
Raccoon, Red
Fox, Weasel,
Marten, River
Otter (Season Bag Limit is 6 River Otter in Eastern Washington) |
November 1, 2006, 2007, and 2008 | March 31, 2007, 2008, and 2009 |
River otter trapping season is closed in all Eastern
Washington counties, except that it is open in Chelan, Ferry,
Klickitat, Kittitas, Okanogan, Pend Oreille, Spokane, Stevens,
and Yakima counties, as well as in the Snake and Walla Walla
River drainages.
Chelan County
Beaver season is closed in Swakane and Mud Creek drainages.
Columbia County
Trapping is not allowed on the Umatilla Tribes Rainwater Wildlife Area in Columbia County, as per their management plan.
Kittitas County
Beaver season is closed in the following drainages: North fork of Tarpiscan Creek and Umtanum Creek.
Urban Trapping Areas: Special Regulations and Trap
Restrictions
The following described areas are closed to the taking of
classified furbearing animals, and coyote, opossum, nutria,
and skunk, by the use of body-gripping or kill traps except by
permit under WAC 232-12-141.
Thurston County, within the established city limits (including
county islands) of Lacey, Olympia, and Tumwater.
Within Snohomish, King, and Pierce counties: Beginning at the
confluence of Snohomish River and Puget Sound; east up
Snohomish River to Interstate 5 (I-5); south on I-5 to
Interstate 405 (I-405); south on I-405 to I-5; south on I-5 to
Pioneer Way; east on Pioneer Way to Waller Road; south on
Waller Road to SR 512; west on SR 512 to Highway 7; south on
Highway 7 and Highway 507 to Pierce County line; north on
Pierce County line to Puget Sound; north along coast to mouth
of Snohomish River and point of beginning.
License trappers must comply with reporting requirements in
WAC 232-12-134.
[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), § 232-28-515, filed 5/8/06, effective 6/8/06; 04-17-061 (Order 04-207), § 232-28-515, filed 8/11/04, effective 9/11/04; 03-13-047 (Order 03-129), § 232-28-515, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-515, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. 00-20-032 (Order 00-197), § 232-28-515, filed 9/27/00, effective 10/28/00; 98-01-208 (Order 97-252), § 232-28-515, filed 12/23/97, effective 1/23/98.]