Original Notice.

Preproposal statement of inquiry was filed as WSR 01-10-077.

Purpose: To adopt WAC 232-28-425 2001-02 Migratory waterfowl seasons and regulations; to repeal WAC 232-28-424 2000-01 Migratory waterfowl seasons and regulations; and to amend WAC 232-12-068 Nontoxic shot requirements and 232-12-257 Use of waterfowl decoys on department lands.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: WAC 232-28-425 2001-02 Migratory waterfowl seasons and regulations, the WAC specifies legal season dates, bag limits, and open areas to hunt waterfowl for the 2001-02 hunting season. 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. There is no impact to small business.

WAC 232-28-424 2000-01 Migratory waterfowl seasons and regulations, this proposed action repeals an obsolete WAC and avoids contradictions with existing regulations to meet the intent of current WAC. There is no impact to small business.

WAC 232-12-068 Nontoxic shot requirements, this amendment delegates authority from the commission to the director in establishing allowable nontoxic shot types for waterfowl, coot, and snipe hunting. The commission has requested this amendment to provide greater efficiency in the approval of new nontoxic shot types allowed by United States Fish and Wildlife Service. Nontoxic shot reduces mortalities caused by lead shot poisoning and increases the health of wildlife populations. There is no impact to small business.

WAC 232-12-257 Use of waterfowl decoys on department lands, the amendment restricts the use of battery-powered and other electronic waterfowl decoys. Biological impacts of battery-powered and other electronic waterfowl decoys are currently unknown. There is no impact to small business.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington 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: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.

Hearing Location: Methow Valley Community Center, 201 Methow Valley Highway, Twisp, WA, on August 3-4, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by June 27, 2001, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by July 20, 2001.

Date of Intended Adoption: August 3, 2001.

June 20, 2001

Evan Jacoby

Rules Coordinator

DUCKS

Statewide

Oct. 6-17, 2001 and Oct. 20, 2001 - Jan. 20, 2002

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. 22-23, 2001

Daily bag limit: 7 ducks -- to include not more than 2 hen mallards, 1 pintail, 4 scaup, 2 redheads, 1 canvasback, 1 harlequin, 4 scoters, and 4 oldsquaws.

Possession limit: 14 ducks -- to include not more than 4 hen mallards, 2 pintails, 8 scaup, 4 redheads, 2 canvasbacks, 1 harlequin, 8 scoters, and 8 oldsquaws.

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 and Aleutian Canada geese)

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. 22-23, 2001, 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. 6, 2001 - Jan. 1, 2002 for snow, Ross', or blue geese

Oct. 6-25, 2001 and Nov. 3 - Jan. 20, 2002 for other geese (except Brant and Aleutian Canada geese)

Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue 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 held a 2000-2001 authorization and returned the harvest report prior to the deadline will be mailed a 2001-02 authorization in early October. Hunters who did not possess a 2000-2001 authorization must fill out an application (available at Washington department of fish and wildlife Olympia and regional offices). Application forms must be delivered to a department office no later than September 25 or postmarked on or before September 25 in order for applicants to be mailed a 2001-2002 authorization before the season starts. No applications will be accepted after October 31, 2001. 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. Those hunters not returning the harvest report to the Washington department of fish and wildlife by January 31, 2002, will be ineligible to participate in the 2002-03 snow goose season.

Goose Management Area 2A

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

Open on the following days from 8:00 a.m. to 4:00 p.m.:

Saturdays, Sundays, and Thursdays only, Nov. 21, 2001 - Jan. 13, 2002, except Ridgefield NWR (Zone 1). Ridgefield NWR (Zone 1): Saturdays, Mondays, and Wednesdays only, Nov. 21, 2001 - Jan. 13, 2002.

Goose Management Area 2B

Pacific and Grays Harbor counties.

Open on the following days from 8:00 a.m. to 4:00 p.m.: Saturdays, Sundays, and Wednesdays only, Nov. 10 - Dec. 30, 2001.

Bag limits for Goose Management Areas 2A and 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, and not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and not more than 6 snow, Ross', or blue geese.

Season limit: 1 dusky Canada goose.

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.

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

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 10 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); 10 for Zone 5 (Pacific County); and 5 for Zone 6 (Grays Harbor 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. Hunters who maintained a valid 2000-2001 written authorization will be mailed a 2001-02 authorization card prior to the 2001-02 season. New hunters and those who did not maintain a valid 2000-2001 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. Information on training materials and testing dates/locations is available at the Olympia and regional offices.

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

Goose Management Area 2A

Special Late Canada Goose Season

Open to Washington department of fish and wildlife Advanced Hunter Education (AHE) program graduates and youth hunters (15 years of age or under, who are accompanied by an AHE hunter) possessing a valid 2001-02 southwest Washington Canada goose hunting authorization, in areas with agricultural goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:

Saturdays, Sundays, and Wednesdays, January 19 - March 10, 2002

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

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

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.

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 agricultural lands incurring goose damage. The Special Late Canada 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 Areas 2A and 2B 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. 6-25, 2001 and Nov. 3 - Jan. 20, 2002

Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.

Eastern Washington Goose Seasons

Goose Management Area 4

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

Saturdays, Sundays, and Wednesdays only during Oct. 6-28, 2001 and Nov. 3 - Jan. 13, 2002; Nov. 12, 22, 23, Dec. 25, 2001, and Jan. 1, 2002; and every day Jan. 14-20, 2002.

Goose Management Area 5

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

Every day, from Oct. 6-25, 2001 and Nov. 3 - Jan. 20, 2002.

Bag limits for all Eastern Washington Goose Management Areas:

Daily bag limit: 4 geese, to include not more than 3 snow, Ross', or blue geese.

Possession limit: 8 geese, to include not more than 6 snow, Ross', or blue geese.

BRANT

Open in Skagit and Pacific counties only on the following dates:

Jan. 12, 13, 16, 19, and 20, 2002

In January 2001, the brant wintering population in Padilla/Samish/Fidalgo bays was below objective levels and the January 2001 season was canceled. If the 2001-02 preseason wintering brant population in Skagit County is below 6,000 (as determined by the winter survey in late December/early January), the January 2002 brant season in Skagit County will be canceled.

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 held a 2000-2001 authorization will be mailed a 2001-02 authorization in December. Hunters who did not possess a 2000-2001 authorization must fill out an application (available at Washington department of fish and wildlife regional offices). Application forms must be delivered to a department office no later than 5:00 p.m. on November 9 or postmarked on or before November 9, after which applicants will be mailed a 2001-02 authorization in December. Late applications will not be accepted. 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. Those hunters not returning the harvest report to the Washington department of fish and wildlife by January 31, 2002, will be ineligible to participate in the 2002-02 brant season.

Bag limits for Skagit and Pacific counties:

Daily bag limit: 2 brant.

Possession limit: 4 brant.

ALEUTIAN CANADA GEESE AND SWANS

Season closed statewide.

FALCONRY SEASONS

DUCKS, COOTS, AND SNIPE (Falconry)

(Bag limits include geese and mourning doves.)

Oct. 6-17, 2001 and Oct. 20, 2001 - Jan. 20, 2002, 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.)

Oct. 6-25, 2001 and Nov. 3, 2001 - Jan. 20, 2002, statewide, except Goose Management Areas 1, 2A, and 2B.

Goose Management Area 1: Oct. 6, 2001 - Jan. 1, 2002

Goose Management Area 2A: Saturdays, Sundays, and Thursdays only, Nov. 21, 2001 - Jan. 13, 2002 and Jan. 19 - Mar. 10, 2002; except Ridgefield NWR (Zone 1). Ridgefield NWR (Zone 1): Saturdays, Mondays, and Wednesdays only, Nov. 21, 2001 - Jan. 13, 2002.

Goose Management Area 2B: Saturdays, Sundays, and Wednesdays only, Nov. 10 - Dec. 30, 2001.

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

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

[]

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-424

2000-01 Migratory waterfowl seasons and regulations

AMENDATORY SECTION(Amending WSR 01-10-048, filed 4/26/01)

WAC 232-12-068   Nontoxic shot requirements.   It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes steel shot, bismuth-tin shot 97 parts bismuth: 3 parts tin with <1 percent residual lead), tungsten-iron shot 40 parts tungsten: 60 parts iron with <1 percent residual lead), tungsten-polymer shot 95.5 parts tungsten: 4.5 parts nylon 6 or 11 with <1 percent residual lead), tungsten-matrix shot 95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead), tin shot (99.9 percent tin with <1 percent residual lead), or tungsten-nickel-iron shot (50% tungsten: 35% nickel: 15% iron with <1 percent residual lead). The Director may adopt additional nontoxic shot types consistent with federal regulations.

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

Bridgeport Bar segment of the Well's Wildlife Area

Cowlitz Wildlife Area

Lake Terrell Wildlife Area (including Tennant Lake and other segments)

Shillapoo Wildlife Area

Skagit Wildlife Area (all segments)

Snoqualmie Wildlife Area (all segments)

Sunnyside Wildlife Area

The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area

Vancouver Lake Wildlife Area

It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:

Chehalis River pheasant release site

Dungeness Recreation Area

Hunter Farms pheasant release site

Raymond Airport pheasant release site

Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge

Whidbey Island Seaplane Base, OLF Coupeville, and Bayview pheasant release sites

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-068, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) 232-12-068, filed 9/1/95, effective 10/2/95.]

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.
AMENDATORY SECTION(Amending Order 00-50, filed 5/23/00)

WAC 232-12-257   Use of waterfowl decoys ((on department lands.))   (1) On days open to waterfowl hunting, persons using lands or waters controlled by the department shall not:

(a) Place waterfowl decoys prior to 4:00 a.m.;

(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour; or

(c) Fail to remove waterfowl decoys within two hours after the close of established daily hunting hours.

(2) On days closed to waterfowl hunting, persons using lands or waters controlled by the department shall not place waterfowl decoys except as authorized by permit of the director.

(3) It is unlawful to hunt waterfowl with the use or aid of battery-powered or other electronic devices as decoys.

(((3))) (4) This regulation shall be enforced under RCW 77.15.400.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-257, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-257, filed 6/1/81. Formerly WAC 232-12-630.]

Washington State Code Reviser's Office