PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-106.
Title of Rule: Public safety cougar removals.
Purpose: Amend rules for public safety cougar removals.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Sets up criteria for issuance of public safety cougar removals in which use of dogs is allowed.
Reasons Supporting Proposal: The legislature has allowed use of dogs to remove cougar for public safety. This rule established the procedure for such removals.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The public safety cougar removal had a 50% removal rate under current criteria and protocol. An adjustment in the removal criteria will provide a higher success rate where removal is needed for public safety concerns. Allowing successful participants the opportunity to take a second cougar will increase the odds of removal by using persons with a demonstrated capability of removing cougars. The department's target of removing seventy-four cougars remains the same. This rule should increase the removal rate and provide additional public safety.
Proposal Changes the Following Existing Rules: Amends cougar rules and moves public cougar safety removals into a separate section.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect public safety cougar removals, not small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Methow Valley Community Center, 231 Methow Valley Road, Twisp, on August 3-4, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091 [98501-1091], fax (360) 902-2155, by August 2, 2001.
Date of Intended Adoption: August 3, 2001.
June 19, 2001
Evan Jacoby
Rules Coordinator
OTS-4947.2
NEW SECTION
WAC 232-12-243
Public safety cougar removals.
(1)
Definitions:
As used in this section and in the context of public safety cougar removals, the following definitions apply:
(a) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.
(b) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.
(c) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.
(d) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.
(e) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.
(f) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.
(g) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.
(h) "Removal" means the act of killing one or more cougar with the aid of dogs.
(i) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.
(j) "Human-cougar interaction" means a human-cougar safety incident, livestock or pet depredation, cougar nuisance activity, or cougar sighting event.
(2) Public safety cougar removal authorization: The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.
(3) Public safety cougar removal criteria:
(a) The commission determines that when the above practical alternatives have been utilized within a game management unit, eleven confirmed human-cougar interactions per year, of which at least four must be confirmed human-cougar safety incidents or livestock/pet depredations, which demonstrate that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.
(b) If warranted by conditions of this rule, public safety cougar removal(s) will be conducted annually between December 16th and March 15th in selected areas of game management units designated by the director to address a public safety need presented by one or more cougar.
(c) The department shall not target more than seventy-four cougar during a public safety cougar removal period unless otherwise authorized by the commission.
(4) Public safety cougar removal permit issuance procedure.
(a) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and game management units being applied for. Individuals may apply for no more than four game management units. An individual's request to be placed on a participant list for a removal period must be postmarked no later than November 1, or be received at the department's Olympia office no later than 5:00 p.m. on November 1, during the year the removal period begins.
(b) To be eligible for a public safety cougar removal permit (permit), participants must have at their disposal dogs capable of detecting and tracking cougar. The permit holder must use dogs while participating in a public safety cougar removal.
(c) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within fifteen days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.
(d) Permit holders must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.
(5) Public safety cougar removals: Quota system and participation in cougar removal.
(a) The cougar removal period will be based on a quota system, where permit holders may hunt cougar until the allotted numbers of cougar have been removed from each game management unit.
(b) Permit holders who harvest a cougar before January 15 may continue hunting for a second cougar with dogs. The permit holder must purchase an additional cougar transport tag to hunt and harvest one additional cougar and the permit holder will be issued a second permit. Permit holders who harvest a cougar after January 15 are not eligible to harvest a second cougar with dogs.
(c) To verify if the cougar removal season is open or closed in each game management unit, the permit holders shall notify the department's enforcement program in Olympia at least twenty-four hours prior to exercising a public safety cougar removal permit.
(d) No more than four total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.
(e) Hunters killing a cougar during a public safety cougar removal must notify the department's enforcement program in Olympia within twenty-four hours after harvesting the cougar.
(f) The department reserves the right to accompany permit holders while participating in a public safety cougar removal.
(6) Public safety cougar removal general requirements.
(a) A valid big game hunting license which includes cougar as a species option is required to hunt cougar. 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. Individuals may participate in multiple public safety cougar removals, but must purchase a cougar transport tag for each cougar removed. Purchases in excess of two cougar transport tags must be made at department offices.
(b) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens. Individuals selected for a public safety cougar removal permit may take one cougar per permit and must take the first legal cougar available.
(c) 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 during a public safety cougar removal.
(d) Any person who takes a cougar 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 must be sealed by an authorized department employee within seventy-two hours 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.
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Black Bear Seasons:
| Hunt Name | 2000 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 5 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 5 - Nov. 5 | GMUs 101-117 |
| Blue Mt. | Sept. 5 - Nov. 5 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 12 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 12 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 12 | Long Island |
| Hunt Name | 2001 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 4 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 4 - Nov. 4 | GMUs 101-117 |
| Blue Mt. | Sept. 4 - Nov. 4 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 11 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 11 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 11 | Long Island |
| Hunt Name | 2002 Season | Hunt Area |
| General Eastern | Aug. 1 - Nov. 3 | GMUs 121-142, 203-382, 578, 588 |
| Northeastern | Sept. 3 - Nov. 3 | GMUs 101-117 |
| Blue Mt. | Sept. 3 - Nov. 3 | GMUs 145-154, 162-186 |
| General Western | Aug. 1 - Nov. 10 | GMUs 407, 410, 454, 466, 490-520, 524-574, 601-684 |
| North Cascades | Aug. 1 - Nov. 30 | GMUs 418-450, 460 |
| West Side PLWMAs |
July 15 - Nov. 10 | PLWMAs 401, 600 |
| Long Island | Sept. 1 - Nov. 10 | Long Island |
Bag Limit: Two (2) black bear per annual hunting season only one
of which may be taken in Eastern Washington.
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.
Cougar Season:
General Statewide Season:
Aug. 1, 2000 - Mar. 15, 2001;
Aug. 1, 2001 - Mar. 15, 2002; and
Aug. 1, 2002 - Mar. 15, 2003.
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. ((Individuals selected for a public safety cougar
removal permit may take one (1) cougar and must take the first
legal cougar available.))
Tag Information:
(((1))) 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.
(((2) Individuals selected for a public safety cougar
removal must possess a valid big game license and cougar
transport tag prior to issuance of the permit. Individuals may
participate in multiple public safety cougar removals, but must
purchase a cougar transport tag for each cougar removed. Purchases in excess of two (2) cougar transport tags must be made
at department offices.))
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 during a
public safety cougar removal.
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.
((Public safety cougar removals:
The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.
Public safety cougar removals: Criteria.
(1) The commission determines that when the above practical alternatives have been utilized within a game management unit, four or more confirmed human-cougar safety incidents or livestock/pet depredations per year and seven or more confirmed cougar sightings or nuisance activities per year therein demonstrate that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.
(2) Public safety cougar removal(s) will be conducted between December 16, 2000, and March 15, 2001, in selected areas of game management units designated by the director to address a public safety need presented by one or more cougar, not to exceed removal of more than seventy-four cougar during the 2000-2001 removal period unless otherwise authorized by the commission.
Public safety cougar removals: Permit issuance procedure.
(1) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and region applying for (see page 4 of 2000 Big Game Hunting Seasons and Rules Pamphlet for region map). Individuals may apply for multiple regions. An individual's request to be placed on a participant list for the 2000-2001 removal must be postmarked no later than November 15, 2000, or received at Washington department of fish and wildlife's (department) Olympia office no later than 5:00 p.m. on November 15, 2000.
(2) To be eligible for a public safety cougar removal permit (permit), participants must have at their disposal dogs capable of detecting and tracking cougar. The permit holder must use dogs while participating in a public safety cougar removal.
(3) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within 15 days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.
(4) No more than four (4) total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.
(5) Permit holders shall notify the department's enforcement program in Olympia at least 24 hours prior to exercising a public safety cougar removal permit. The department reserves the right to accompany permit holders while participating in a public safety cougar removal.
(6) Permit holders must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.
Definitions:
As used in this section and in the context of public safety cougar removals, the following definitions apply:
(1) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.
(2) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.
(3) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.
(4) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.
(5) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.
(6) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.
(7) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.
(8) "Removal" means the act of killing one or more cougar with the aid of dogs.
(9) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.))
[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.]