06-04-066

WSR 06-04-066

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-09 -- Filed January 30, 2006, 11:54 a.m. , effective March 2, 2006 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Adopting WAC 232-28-295 Landowner hunting permits and 232-28-294 Multiple season big game permits; amending WAC 232-28-293 Landowner raffle hunts, 232-12-014 Wildlife classified as endangered species and 232-12-011 Wildlife classified as protected shall not be hunted or fished; and repealing WAC 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-271; and amending WAC 232-28-293, 232-12-014, and 232-12-011.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.020.

      Adopted under notice filed as WSR 05-24-094 on December 5, 2005, and WSR 05-24-082 on December 7, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-295 Landowner hunting permits, changes, if any, from the text of the proposed rule and reasons for difference:

?     After the title "Buckrun:", add the following language to more clearly identify the location of the property and clarify the expectations for hunters and property management:

     "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 (1) 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 [phone]."

?     The subtitle following the previous narrative should read: "2006 Buckrun Landowner Hunting Permits."

?     In the paragraph that follows the subtitle "2006 Buckrun Landowner Hunting Permits" after the second sentence add: "No access fee will be charged for the raffle permit winners." This makes it clear that access fees will not be charged for the raffle permits.

?     In the same paragraph, delete the last sentence and replace it with: "Contact the manager at [phone] for additional information." This removes the individual's name.

?     After further discussions with the Buckrun managers, the permit numbers and restrictions have been modified. Replace the original permit table with the following:

Hunt Name	Quota Number	Season	Special Restrictions	Area
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

?     Change the subtitle "Buckrun Special Hunting Permits" to "2006 Buckrun Special Hunting Permits" to better describe the year that the permits are valid.

?     The paragraph and table following the subtitle: "2006 Buckrun Special Hunting Permits" should read as follows to reflect further discussions and agreements with the Buckrun manager.

     "Hunters apply to the 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	Season	Special Restrictions	Area
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 point maximum buck ? a legal buck must have no more than 3 antler points on either antler (i.e., 1x1, 1x2, 1x3, 2x2, 2x3, and 3x3 are legal). All antler points must be at least one (1) inch long. Antler points EXCLUDE eye guards.

WAC 232-28-293 Landowner raffle hunts, changes, if any, from the text of the proposed rule and reasons for difference:

     Under subsection number 4 the text should read:

     4. The landowner deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag ((if desired)) for use on the contracted lands if approved and authorized by the cooperating private landowner.

     This change clarifies where the second license may be used and allows the landowners the option of not using the second license and tag incentive.

WAC 232-28-294 Multiple season beg [big] game permits, changes, if any, from the text of the proposed rule and reasons for difference:

?     After subsection number 3, a new section should be added that reads:

     4. Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.

     This change clarifies that the permit hunters must abide by all general season rules established for a particular area or unit.

?     In the table at the bottom of the page under "Dates," add the words "and regulations."

?     In the table at the bottom of the page under "Legal Animal," the first row should say "Any legal buck consistent with the game management unit or area restrictions." The second row should say "Any legal bull consistent with the game management unit or area restrictions."

     These changes make it clear that the permit holders are restricted to harvesting the same bucks or bulls as general season hunters.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 3, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 13, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8611.1

NEW SECTION
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.

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.

[]

OTS-8610.2

NEW SECTION
WAC 232-28-294   Multiple season big game permits.   The commission may, by rule, offer permits for hunters to hunt deer or elk during more than one general season.

     An annual drawing will be conducted by the department for multiple season permits.

     (1) Multiple season big game hunting permit applications:

     (a) To apply for multiple season big game hunting season permits for deer or elk, applicants must purchase and submit a permit application.

     (b) No refunds or exchanges for applications will be made for persons applying for multiple season big game hunting season permits after the drawing has been held.

     (c) An applicant may purchase only one application for a multiple season big game hunting season permit for each species.

     (d) Permits will be randomly drawn by computer selection.

     (e) Incomplete applications will not be accepted.

     (f) The department will establish application and drawing dates.

     (2) The bag limit for this permit is one deer or elk.

     (3) Multiple season permits:

     (a) Hunters who are drawn will be required to purchase their original deer or elk license, corresponding to their permit, and the multiple season big game permit.

     (b) Successful applicants must purchase their multiple season permit within thirty days of the drawing notification date. If they have not purchased the multiple season permit by the deadline, the next person drawn will be offered the permit.

     (c) The permits are not transferable.

     (4) Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.

Number of Permits	Dates	Game Management Units (GMUs)	Legal Animal
Multiple Season Deer Permits
1500	Sept. 1 - December 31 within established general seasons and regulations for deer by the commission	Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters	Any legal buck consistent with the game management unit or area restrictions
Multiple Season Elk Permits
500	Sept. 1 - December 31 within established general seasons and regulations for elk by the commission	Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters	Any legal bull consistent with the game management unit or area restrictions

[]

OTS-8609.1

AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01, effective 5/27/01)

WAC 232-28-293   ((PLWMA)) Landowner raffle hunts.   The commission, in consultation with the director and by agreement with ((a)) cooperating private ((lands wildlife management area (PLWMA))) landowners, may authorize hunts for big game animals through raffle.

     1. The ((PLWMA)) manager of property under contract with WDFW will conduct the landowner raffle drawing. Raffle tickets will be sold for not more than $25.00 each.

     2. Any person may purchase ((PLWMA)) landowner raffle tickets in addition to WDFW raffle tickets and participate in auctions and special hunting season permit drawings.

     3. The ((PLWMA)) landowner raffle winners must possess the appropriate hunting license and transport tag prior to participating in the ((PLWMA)) landowner raffle hunt.

     4. The ((PLWMA)) landowner deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag ((if desired)) for use on the contracted lands if approved and authorized by the cooperating private landowner.

     5. If an additional deer or elk hunting license and transport tag are acquired by a raffle winner, the additional transport tag can only be used on the ((PLWMA)) contracted lands during the raffle hunt.

     6. ((The additional deer or elk hunting license and transport tag must be issued by the Olympia department headquarters licensing division.

     7.)) Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.

     ((8.)) 7. The ((PLWMA)) manager of property under contract with WDFW who is conducting an authorized raffle will provide an annual report to the department of fish and wildlife prior to December 31. The report will include information on how the event was administered, where and when it occurred, who the winners were, the cost of tickets, and the number of tickets sold.

     ((9.)) 8. Anyone may participate in ((PLWMA)) landowner raffles.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-293, filed 4/26/01, effective 5/27/01.]

OTS-8607.1

AMENDATORY SECTION(Amending Order 02-98, filed 5/10/02, effective 6/10/02)

WAC 232-12-011   Wildlife classified as protected shall not be hunted or fished.   Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

     (1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:

Common Name	Scientific Name
western gray squirrel	Sciurus griseus
Steller (northern)      sea lion	Eumetopias jubatus
North American lynx	Lynx canadensis
((Aleutian Canada goose))	Branta Canadensis      leucopareia))
bald eagle	Haliaeetus leucocephalus
ferruginous hawk	Buteo regalis
marbled murrelet	Brachyramphus marmoratus
green sea turtle	Chelonia mydas
loggerhead sea turtle	Caretta caretta
sage grouse	Centrocercus urophasianus
sharp-tailed grouse	Phasianus columbianus
Mazama pocket gopher	Thomomys mazama

     (2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:

Common Name	Scientific Name
Gray whale	Eschrichtius gibbosus
Common Loon	Gavia immer
Peregrine Falcon	Falco peregrinus
Larch Mountain      salamander	Plethodon larselli
Pygmy whitefish	Prosopium coulteri
Margined sculpin	Cottus marginatus
Olympic mudminnow	Novumbra hubbsi

     (3) Other protected wildlife include:

Common Name	Scientific Name
cony or pika	Ochotona princeps
least chipmunk	Tamius minimus
yellow-pine chipmunk	Tamius amoenus
Townsend's chipmunk	Tamius townsendii
red-tailed chipmunk	Tamius ruficaudus
hoary marmot	Marmota caligata
Olympic marmot	Marmota olympus
Cascade golden-mantled      ground squirrel	Spermophilus saturatus
golden-mantled      ground squirrel	Spermophilus lateralis
Washington ground      squirrel	Spermophilus washingtoni
red squirrel	Tamiasciurus hudsonicus
Douglas squirrel	Tamiasciurus douglasii
northern flying squirrel	Glaucomys sabrinus
wolverine	Gulo gulo
painted turtle	Chrysemys picta
California mountain      kingsnake	Lampropeltis zonata;

     All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.

[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-011, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), § 232-12-011, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]

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

WAC 232-12-014   Wildlife classified as endangered species.   Endangered species include:

Common Name	Scientific Name
pygmy rabbit	Brachylagus idahoensis
fisher	Martes pennanti
gray wolf	Canis lupus
grizzly bear	Ursus arctos
sea otter	Enhydra lutris
killer whale	Orcinus orca
sei whale	Balaenoptera borealis
fin whale	Balaenoptera physalus
blue whale	Balaenoptera musculus
humpback whale	Megaptera novaeangliae
black right whale	Balaena glacialis
sperm whale	Physeter macrocephalus
Columbian white-tailed      deer	Odocoileus virginianus leucurus
woodland caribou	Rangifer tarandus caribou
American white pelican	Pelecanus erythrorhynchos
brown pelican	Pelecanus occidentalis
sandhill crane	Grus canadensis
snowy plover	charadrius alexandrinus
upland sandpiper	Bartramia longicauda
spotted owl	Strix occidentalis
western pond turtle	Clemmys marmorata
leatherback sea turtle	Dermochelys coriacea
mardon skipper	Polites mardon
Oregon silverspot      butterfly	Speyeria zerene hippolyta
Oregon spotted frog	Rana pretiosa
northern leopard frog	Rana pipiens
Taylor's checkerspot	Euphydryas editha taylori
Streaked horned lark	Eremophila alpestris strigata

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-014, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-014, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-014, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-014, filed 11/6/98, effective 12/7/98; 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]

OTS-8608.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-271

Private lands wildlife management area hunting seasons, rules and boundary descriptions.