PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-18-074.
Title of Rule: Cougar dog training.
Purpose: Establish cougar dog training rules.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Establishes permit system for training dogs to pursue cougars.
Reasons Supporting Proposal: Dogs have been shown to be the only effective method of pursuing cougars.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
Name of Proponent: Department of Fish and Wildlife.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Public safety cougar removal relies upon dogs to locate and tree the cougars. There is a continuing need for such removals, and the training of dogs with this capability depends on being able to allow actual pursuit. This rule establishes a permit program that will give one permit to the person who has a cougar removal permit, and an additional permit for the same area to a second person. If the cougar removal has occurred prior to the end of the removal period, cougar dog training will be allowed. Persons who participate must complete the department's education course, and may not possess a dead cougar within seven days of participating in a dog training exercise.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects cougar dog training, and involves pursuit of cougars, neither of which is a commercial venture. It does not affect small businesses.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by December 6, 2001.
Date of Intended Adoption: December 7, 2001.
October 23, 2001
Evan Jacoby
Rules Coordinator
OTS-5298.2
NEW SECTION
WAC 232-12-245
Cougar dog-training.
The department will
issue cougar dog-training permits to enable the training of dogs
capable of detecting, tracking, and treeing a cougar and to
attempt to modify cougar behavior.
(1) Cougar dog-training is pursuit-only. Persons who have been issued a public safety cougar removal permit will be issued a cougar dog-training permit for the area for which the removal permit was issued and an additional cougar dog-training permit will be issued for the area for which the removal permit was issued. The procedure for issuance of cougar dog-training permits is as described in WAC 232-12-243(4).
(2) If the cougar removal quota has been reached in a game management unit prior to March 15th, cougar dog-training permit holders will be notified by the department, and, after giving at least twenty-four hours notice to the enforcement program in Olympia, cougar dog-training permit holders may pursue cougars with dogs in the permit area. The department reserves the right to accompany permit holders while participating in cougar dog-training. The training period ends statewide at 11:59 p.m., March 15th.
(3) No more than four individuals, including the permit holder, may participate under a cougar dog-training permit. The cougar dog-training permit holder must notify the Olympia enforcement office of the names of all persons who will participate in cougar dog-training upon the completion of the education course required under WAC 232-12-243(4), and must enter the names of such persons in ink on the cougar dog-training permit. No person who participates in cougar dog-training may kill or possess a dead cougar within seven days after participating in the training.
(4) All cougar dog-training permit holders who participate in cougar dog-training must fill out and return a cougar pursuit report to the Olympia enforcement office by April 1.
(5) It is unlawful to train dogs to pursue cougar without a cougar dog-training permit, to participate in cougar dog-training without being named on the cougar dog-training permit, to participate in cougar dog-training without possessing a big game hunting license containing cougar as an option, or to kill cougar taken during cougar dog-training or within seven days after participating in cougar dog-training. Violation of this section is a violation of RCW 77.15.410, Unlawful hunting of big game.
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