06-06-103

WSR 06-06-103

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:33 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 232-28-286 2007, 2008, and 2009 Spring black bear seasons and regulations, 232-28-272 2003-2004, 2004-2005 and 2005-2006 Black bear and cougar hunting seasons and regulations, 232-12-024 Requirements for sealing of pelts and collection of biological information for river otter, cougar, lynx, and bobcat, and 232-28-284 Spring black bear seasons and regulations.

     Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, [phone], 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 [e-mail], fax [phone], by Monday, March 24, 2006.

     Assistance for Persons with Disabilities: Contact Nancy Burkhart by April 5, 2006, TTY [phone] or [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-28-286, the rule establishes spring black bear hunting seasons for 2007, 2008, and 2009. The purpose is to use spring bear hunts to address timber damage, bear complaints, female bear harvest, and to better distribute harvest. The anticipated effect of the recommendation is to reduce damage and complaints with a sustainable bear population.

     WAC 232-28-272, the rule establishes hunting seasons for black bear and cougar. The purpose of the recommended change is to maximize recreational hunting opportunities for bear and cougar while maintaining sustainable populations. The anticipated effect of the recommendation is stable bear populations statewide and declining cougar populations statewide.

     WAC 232-12-024, the rule establishes pelt-sealing requirements for river otter, cougar, lynx, and bobcat. The purpose of the recommended change is to clarify that hunters must contact the agency within 72 hours of harvesting a cougar without the aid of dogs, compared to 24 hours with the aid of dogs. The anticipated effect of the recommendation is clarification only.

     WAC 232-28-285, rule is being replaced by WAC 232-28-286.

     Reasons Supporting Proposal: WAC 232-28-286, to address timber damage, bear complaints, female bear harvest, and to better distribute harvest.

     WAC 232-28-272, biological data supports status quo seasons for bear and cougar.

     WAC 232-12-024, timely notification of cougar harvest allows the department to manage quota levels for cougar and coordinate sealing times with hunters.

     WAC 232-28-285, rule is being replaced by WAC 232-28-286.

     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, [phone]; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, [phone].

     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

NEW SECTION
WAC 232-28-286   2007, 2008, and 2009 Spring black bear seasons and regulations  

Who may apply: Anyone with a valid Washington big game license, which includes black bear as a species option.

Hunt areas, permit levels, and season dates for each license year:

Hunt name	Hunt area	Permits	Season datesb
Sherman	GMU 101	15	April 15 ? May 31
Kelly Hill	GMU 105	10	April 15 ? May 31
Douglas	GMU 108	5	April 15 ? May 31
Aladdin	GMU 111	10	April 15 ? May 31
49 Degrees North	GMU 117	15	April 15 ? May 31
Huckleberry	GMU 121	15	April 15 ? May 31
Blue Creek	GMU 154	15	April 15 ? May 31
Dayton	GMU 162	15	April 15 ? May 31
Tucannon	GMU 166	5	April 15 ? May 31
Wenaha	GMU 169	30	April 15 ? May 31
Mt. View	GMU 172	15	April 15 ? May 31
Lick Creek	GMU 175	15	April 15 ? May 31
Grande Ronde	GMU 186	5	April 15 ? May 31
Copalisa	GMU 642	100	April 15 ? June 15
Kapowsin Southa	That portion of GMUs 653 and 654 that is designated as Kapowsin South by Hancock Forest Management	100	April 15 ? June 15
Capitol Foresta	That portion of Capitol Forest within GMU 663	100	April 15 ? June 15
aSpring black bear hunting seasons under this area constitute a pilot program to reduce black bear damage to trees. bPermits are valid for the license year they are issued.

Bag limit: One black bear per black bear special permit season.

License required: A valid big game hunting license, which includes black bear as a species option, is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option.

Hunting method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of dogs or bait to hunt black bear is prohibited statewide.

Submitting bear teeth: Successful bear hunters must submit the black bear premolar located behind the canine tooth of the upper jaw.

[]

AMENDATORY SECTION(Amending Order 04-284, filed 10/14/04, effective 11/14/04)

WAC 232-28-272   ((2003-2004, 2004-2005, and 2005-2006)) 2006-2007, 2007-2008, and 2008-2009 Black bear and cougar hunting seasons and regulations.  

2006-2008 Fall Black Bear Seasons:

((2003 Black bear seasons))

Black Bear Management Unit	Season	Hunt Area
Coastal	Aug. 1 - Nov. 15	GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound	Aug. 1 - Nov. 15	GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades	Aug. 1 - Nov. 15	GMUs 418-450, 460
South Cascades	Aug. 1 - Nov. 15	GMUs 466, 485, 503, 505, 510-520, 524, 550-574, 653, 654
Okanogan	Aug. 1 - Nov. 15	GMUs 203, 209-243
East Cascades	Aug. 1 - Nov. 15	GMUs 244-247, 249-251, 328, 329-((371)) 368, 382, 388, 578((, 588))
Northeastern A	Sept.(( 2)) 5 - Nov. 15, 2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008	GMUs 101-117
Northeastern B	Aug. 1 - Nov. 15	GMUs 121-130, 204
Blue Mountains	Sept. ((2)) 5 - Nov. 15, 2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008	GMUs 145-154, 162-186
Columbia Basin	Aug. 1 - Nov. 15	GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
((West Side PLWMAs	July 15 - Nov. 15	PLWMAs 401, 600))
Long Island	Sept. ((2)) 5 - Nov. 15, 2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008	GMU 699

((2004 Black bear seasons:

Black Bear Management Unit	Season	Hunt Area
Coastal	Aug. 1 - Nov. 15	GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound	Aug. 1 - Nov. 15	GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades	Aug. 1 - Nov. 15	GMUs 418-450, 460
South Cascades	Aug. 1 - Nov. 15	GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan	Aug. 1 - Nov. 15	GMUs 203, 209-243
East Cascades	Aug. 1 - Nov. 15	GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern A	Sept. 7 - Nov. 15	GMUs 101-117
Northeastern B	Aug. 1 - Nov. 15	GMUs 121-130, 204
Blue Mountains	Sept. 7 - Nov. 15	GMUs 145-154, 162-186
Columbia Basin	Aug. 1 - Nov. 15	GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs	July 15 - Nov. 15	PLWMAs 401, 600
Long Island	Sept. 7 - Nov. 15	GMU 699

2005 Black bear seasons:

Black Bear Management Unit	Season	Hunt Area
Coastal	Aug. 1 - Nov. 15	GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684
Puget Sound	Aug. 1 - Nov. 15	GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667
North Cascades	Aug. 1 - Nov. 15	GMUs 418-450, 460
South Cascades	Aug. 1 - Nov. 15	GMUs 466, 485, 505, 510-520, 524, 550-574, 653, 654
Okanogan	Aug. 1 - Nov. 15	GMUs 203, 209-243
East Cascades	Aug. 1 - Nov. 15	GMUs 244-247, 249-251, 328, 329-371, 382, 578, 588
Northeastern A	Sept. 6 - Nov. 15	GMUs 101-117
Northeastern B	Aug. 1 - Nov. 15	GMUs 121-130, 204
Blue Mountains	Sept. 6 - Nov. 15	GMUs 145-154, 162-186
Columbia Basin	Aug. 1 - Nov. 15	GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381
West Side PLWMAs	July 15 - Nov. 15	PLWMAs 401, 600
Long Island	Sept. 6 - Nov. 15	GMU 699))

Bag Limit: Two (2) black bear per annual hunting season only one of which may be taken in Eastern Washington.

Area Restriction: Special deer permit required to hunt black bear in GMU 485.

((Spring Permit Black Bear Seasons:

Permit quotas for each license year:

Hunt Name	Permit Hunt Boundary	Permit Level
Blue Creek	GMU 154	15
Dayton	GMU 162	15
Tucannon	GMU 166	10
Wenaha	GMU 169	30
Mt. View	GMU 172	15
Lick Creek	GMU 175	15
Grande Ronde	GMU 186	5

Who May Apply: Anyone with a valid Washington big game license, which includes black bear.

Bag Limit: One (1) black bear per black bear special permit season.

Permit Season: April 15 - May 31. Permits are valid for the license year they are issued.))

Requirements for ((Spring and)) Fall Black Bear Seasons:

License Required: A valid big game hunting license, which includes black bear as a species option, is required to hunt black bear. One black bear transport tag is included with a big game hunting license that has black bear as a species option. A second black bear transport tag must be purchased to take a second bear.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.

Submitting Bear Teeth: Successful bear hunters must submit the black bear premolar tooth located behind the canine tooth of the upper jaw.

2006-2007, 2007-2008, and 2008-2009 Cougar Seasons:

((Seasons for each license year, 2003-2005))

Unit	Season	Hunt Area	Special Restrictions
Coastal	Aug. 1 - Mar. 15	GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699	Any legal weapon
Puget Sound	Aug. 1 - Mar. 15	GMUs 407, 410, 454, 624-633, 652, 666	Any legal weapon
North Cascades	Aug. 1 - Mar. 15	GMUs 418, 426, 437, 448, 450, 460, 466, 485	Any legal weapon
South Cascades	Aug. 1 - Mar. 15	GMUs 503, 505, 510-520, 524, 550-574, 653, 654, 667	Any legal weapon
East Cascades North A	Aug. 1 - Mar. 15	GMUs 328, 329, 334-340	Any legal weapon
East Cascades North B	((Oct. 16 - Nov. 19)) Oct. 14 - Nov. 5	GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties	Any legal weapon
East Cascades North C	Sept. 1 - Nov. 30	GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties	Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag.
East Cascades South	Aug. 1 - Mar. 15	GMUs 342-368, 382, 388, 578((, 588))	Any legal weapon
Northeastern A	Aug. 1 - Mar. 15	GMUs 124-133	Any legal weapon
Northeastern B	((Oct. 16 - Nov. 19)) Oct. 14 - Nov. 5	GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204	Any legal weapon
Northeastern C	Sept. 1 - Nov. 30	GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204	Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag.
Blue Mountains	Aug. 1 - Mar. 15	GMUs 145-154, 162-186	Any legal weapon
Columbia Basin	Aug. 1 - Mar. 15	GMUs 136-142, 248, 254-290, 330, 371((, 372, 381)) - 381	Any legal weapon

Requirements for Cougar Seasons:

License Required: A valid big game hunting license which includes cougar as a species option is required to hunt cougar.

Bag Limit: Two (2) cougar per license year excluding public safety cougar removals. It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.

Area Restriction: Special deer permit required to hunt cougar in GMU 485.

Tag Information: One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar.

Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of hounds to hunt cougar is prohibited except by a public safety cougar removal permit (WAC 232-12-243) or commission authorized hound permit (WAC 232-28-285).

Cougar Pelt Sealing: Any person who takes a cougar ((must notify the department within 72 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 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)) must comply with the sealing requirements in WAC 232-12-024.

[Statutory Authority: RCW 77.12.047. 04-21-036 (Order 04-284), § 232-28-272, filed 10/14/04, effective 11/14/04. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-272, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-272, filed 6/12/03, effective 7/13/03; 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]

     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.

     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 99-118, filed 8/11/99, effective 9/11/99)

WAC 232-12-024   Requirements for sealing of pelts and collection of biological information for river otter, cougar, lynx, and bobcat.   (1) It is unlawful to possess river otter, cougar, lynx, or bobcat taken in Washington without a department identification seal which has been attached to the raw pelt, on or off the carcass, prior to the pelt sealing deadline.

     (2) Any river otter, cougar, or bobcat raw pelt must be presented by the person harvesting the animal, in such a manner that teeth and biological samples can be extracted, to an authorized department employee for sealing.

     (3) The raw pelt of a bobcat or river otter must be sealed by an authorized department employee within 20 days after the close of the appropriate hunting or trapping season in which it was killed.

     (4) Any person who takes a cougar without the use of dogs must notify the department within 72 hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. Any person who takes a cougar with the use of dogs must notify the department within 24 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 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.

     (5) It is unlawful to transport or cause the transport out of Washington a raw pelt of river otter, cougar, lynx, or bobcat taken in Washington without a department seal attached to the pelt.

     (6) The raw pelt of a river otter, cougar, lynx, or bobcat taken outside Washington and imported into the state must be identified by a tag and/or seal from the state or country of origin and be accompanied by an invoice or declaration specifying the number of pelts in the shipment.

     (7) It is unlawful to possess an unlocked, broken, or otherwise open department seal for river otter, cougar, lynx, or bobcat unless the seal wire or band has been cut through and removed from a pelt that has been received and invoiced by a licensed taxidermist or fur dealer for processing or removed from a pelt that has been processed.

[Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-024, filed 8/11/99, effective 9/11/99; 94-18-059 (Order 94-58), § 232-12-024, filed 8/31/94, effective 10/1/94. Statutory Authority: RCW 77.12.030, 77.12.040 and 77.32.220. 91-13-063 (Order 498), § 232-12-024, filed 6/17/91, effective 7/18/91; 89-18-015 (Order 404), § 232-12-024, filed 8/28/89, effective 9/28/89. Statutory Authority: RCW 77.12.030 and 77.12.040. 88-13-091 (Order 312), § 232-12-024, filed 6/20/88. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-024, filed 6/1/81. Formerly WAC 232-12-065.]

REPEALER

     The following section of the Washington Administrative Code is repealed effective June 16, 2006:

WAC 232-28-284

Spring black bear seasons and regulations