WSR 08-14-078

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 26, 2008, 2:46 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-108 and 08-10-093.

Title of Rule and Other Identifying Information: Amending WAC 232-16-800 Johnson/Debay's Slough Game Reserve; adopting WAC 232-28-432 2008-09 Migratory waterfowl seasons and regulations; and repealing WAC 232-28-431 2007-08 Migratory waterfowl seasons and regulations.

Hearing Location(s): Embassy Suites, 20610 44th Avenue West, Lynnwood, WA 98036, (425) 775-2500, on August 8-9, 2008, at 8:00 a.m.

Date of Intended Adoption: August 8-9, 2008.

Submit Written Comments to: 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 Wednesday, July 16, 2008.

Assistance for Persons with Disabilities: Contact Susan Yeager by August 6, 2008, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-16-800, this amendment corrects an error in the reserve boundary description.

WAC 232-28-432, the new WAC specifies legal season dates, bag limits, and open areas to hunt waterfowl, coot, and snipe for the 2008-09 hunting season. WAC 232-28-432 replaces WAC 232-28-431.

Reasons Supporting Proposal: WAC 232-16-800, revision of the reserve boundary description to make it understandable.

WAC 232-28-432, waterfowl seasons and regulations are developed based on cooperative management programs among states of the Pacific Flyway and the United States Fish and Wildlife Service, considering population status and other biological parameters. The rule establishes waterfowl seasons and regulations to provide recreational opportunity, control waterfowl damage, and conserve the waterfowl resources of Washington.

Statutory Authority for Adoption: RCW 77.12.040, 77.12.047, 77.12.020, 77.12.570, 77.12.210.

Statute Being Implemented: RCW 77.12.040, 77.12.047, 77.12.020, 77.12.570, 77.12.210.

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, (306) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.

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.

June 26, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1670.1


AMENDATORY SECTION(Amending Order 98-155, filed 8/13/98, effective 9/13/98)

WAC 232-16-800   Johnson/Debay's Slough Game Reserve.   In Skagit County, beginning at the intersection of Francis Road and Debay's Slough Road; then south and west along Francis Road (3090 feet) to white corner marker; then north (1265 feet) to the middle of Debay's Slough (white corner marker); then westerly (2087 feet) along the channel of Debay's Slough to the western tip of the farmed portion of Debay's Island; then northerly (1485 feet) to the south bank of the Skagit River (white corner marker); then easterly (((1600)) 3750 feet) along the south bank of the Skagit River to fence line (white corner marker); then south along fence line (855 feet) to corner post; then east along fence line (435 feet) to fence intersection; then south (300 feet) along fence line to existing tree line (white corner marker); then continue south (835 feet) to south shoreline of Debay's Slough (white corner marker); then easterly and southerly along the west shoreline of Debay's Slough (1770 feet) to the south side of Debay's Slough Road (white corner marker); then east along the south side of Debay's Slough Road to the intersection of Francis Road and the point of beginning.

[Statutory Authority: RCW 77.12.040. 98-17-041 (Order 98-155), 232-16-800, filed 8/13/98, effective 9/13/98; 97-18-025 (Order 97-162), 232-16-800, filed 8/25/97, effective 9/25/97.]

OTS-1674.2


NEW SECTION
WAC 232-28-432   2008-09 Migratory waterfowl seasons and regulations.  


DUCKS


Statewide


Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009.


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. 20-21, 2008.


Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 1 pintail, 3 scaup, 2 canvasback, 2 redhead, 1 harlequin, 4 scoter, and 4 long-tailed duck.


Possession limit: 14 ducks, to include not more than 4 hen mallard, 2 pintail, 6 scaup, 4 canvasback, 4 redhead, 1 harlequin, 8 scoter, and 8 long-tailed duck.


Season limit: 1 harlequin.


WRITTEN AUTHORIZATION REQUIRED TO HUNT SEA DUCKS.


All persons hunting sea ducks (harlequin, scoter, long-tailed duck) in Western Washington are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Hunters who did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife, Olympia and regional offices).


Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest report. Return of the harvest report is mandatory. By February 15, 2009, 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 2009-10 sea duck season.


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)


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. 20-21, 2008, 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. 11, 2008 - Jan. 25, 2009 for snow, Ross', or blue geese.

Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese (except Brant).


Daily bag limit: 4 geese.

Possession limit: 8 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 did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife, Olympia and regional offices).


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 February 15, 2009, 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 2009-10 snow goose season.


It is unlawful to discharge a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County. While hunting snow geese on Fir Island, if a hunter is convicted of 1) trespass, 2) shooting from, across, or along the maintained part of any public highway, 3) discharging a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County, or 4) exceeding the daily bag limit for snow geese, written authorization will be invalidated for the remainder of the 2008-09 snow goose season and an authorization will not be issued for the 2009-10 snow goose season.


QUALITY HUNTING AREAS IN GOOSE MANAGEMENT AREA 1.


Hunters possessing written authorization to hunt snow geese in Goose Management Area 1 can apply for a special authorization to access private lands around Fir Island enrolled in a new quality snow goose hunting program. Hunters must apply for special authorization to hunt on these special areas by September 26, 2008, using the department's internet or mail application systems. A random drawing will select hunters for participation, and special hunt authorizations will be mailed prior to the season. Up to 3 individuals possessing snow goose authorizations can hunt with the successful applicant on each hunt day. Successful applicants must check in with the WDFW hunt coordinator at least one week prior to their first scheduled hunting day and all hunters must hunt over decoys. Special authorizations are not valid for commercial uses. Authorizations are valid for one week (only on Monday, Tuesday, Wednesday, Friday, and Saturday) during the period November 1, 2008 - January 25, 2009, and only on private lands specified by the WDFW hunt coordinator. Hunters will be assigned at random to private farms participating in the program.


Goose Management Area 2A


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


Open in all areas except Ridgefield NWR from 8 a.m. to 4:00 p.m., Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2008 and Dec. 3, 2008 - Jan. 25, 2009. Ridgefield NWR open from 8 a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only, Nov. 11-22, 2008 and Dec. 4, 2008 - Jan. 17, 2009, except closed Nov. 27 and Dec. 25, 2008, and Jan. 1, 2009.


Bag limits for Goose Management Area 2A:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose and 2 cackling geese.


Possession limit: 8 geese, to include not more than 1 dusky Canada goose and 4 cackling geese.


Season limit: 1 dusky Canada goose.


Goose Management Area 2B


Pacific County.


Open from 8 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 11, 2008 - Jan. 10, 2009.


Bag limits for Goose Management Area 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, 2 Aleutian geese, and 4 cackling geese.

Season limit: 1 dusky Canada goose.


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


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. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.


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 15 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); and 10 for Zone 5 (Pacific 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. New hunters and those who did not maintain a valid 2007-08 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.


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 goose season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B.


Special Late Goose Season for Goose Management Area 2A:


Open to Washington department of fish and wildlife master hunter program graduates and youth hunters (15 years of age or under, who are accompanied by a master hunter) possessing a valid 2008-09 southwest Washington Canada goose hunting authorization, in areas with goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:


Saturdays and Wednesdays only, Feb. 7 - Mar. 10, 2009.


Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and 4 cackling geese.

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. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.


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 lands incurring goose damage. Participation in this hunt will depend on the level of damage experienced by landowners. The special late 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 Area 2A 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. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009.


Daily bag limit: 4 geese.

Possession limit: 8 geese.


Eastern Washington Goose Seasons


Goose Management Area 4


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


Oct. 11-13, 2008, and Saturdays, Sundays, and Wednesdays only during Oct. 18, 2008 - Jan. 18, 2009; Nov. 11, 27, and 28, 2008; Dec. 25, 26, 29, and 30, 2008; January 1, 2009; and every day Jan. 19-25, 2009.


Goose Management Area 5


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


Oct. 11-13, 2008, every day from Oct. 18, 2008 - Jan. 25, 2009.


Bag limits for all Eastern Washington Goose Management Areas:


Daily bag limit: 4 geese.

Possession limit: 8 geese.


BRANT


Open in Skagit County only on the following dates:


Jan. 15, 17, 18, 20, 22, 24, and 25, 2009.


If the 2008-09 preseason brant population in Skagit County is below 6,000 (as determined by the early January survey), the brant season in Skagit County will be canceled.


Open in Pacific County only on the following dates:


Jan. 10, 11, 13, 15, 17, 18, 20, 22, 24, and 25, 2009.


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 did not possess a 2007-08 authorization must submit an application form to WDFW (forms available at Washington department of fish and wildlife regional offices).


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 February 15, 2009, 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 2009-10 brant season.


Bag limits for Skagit and Pacific counties:


Daily bag limit: 2 brant.

Possession limit: 4 brant.


SWANS


Season closed statewide.


FALCONRY SEASONS


DUCKS, COOTS, AND SNIPE (Falconry)


(Bag limits include geese and mourning doves.)


Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009 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.)


Goose Management Area 1: Oct. 11, 2008 - Jan. 25, 2009 for snow, Ross', or blue geese. Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese.


Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2008 and Dec. 3, 2008 - Jan. 25, 2009.


Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 11, 2008 - Jan. 10, 2009.


Goose Management Areas 3, 4, and 5: Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009.


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


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

[]

OTS-1673.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-431 2007-08 Migratory waterfowl seasons and regulations.

Washington State Code Reviser's Office