Date of Adoption: December 7, 2001.

     Purpose: To amend WAC 232-12-297 Endangered, threatened, and sensitive wildlife shall not be hunted or fished, 232-12-292 Bald eagle protection rules, and 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-12-297, 232-12-292, and 232-28-271.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.655, 77.12.020.

      Adopted under notice filed as WSR 01-21-130 and 01-21-131 on October 24, 2001.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-271 Private lands wildlife management area seasons, rules, and boundary descriptions.

     Changes, if any, from the text of the proposed rule and reasons for difference:

     Page 1

•	Changed the date from Nov. 21-24 to Nov. 14-17 for modern firearm in the Merrill and Ring (PLWMA 600) Pysht Tree Farm table, to correct an error.

     Page 2

•	Under Access quotas and raffle seasons on Private Lands Wildlife Management Areas moved the access fee description from under Boundary Description to under Special Restrictions for clarity.

     Page 4

•	Under the 2002 Elk table the quota for the Pysht hunt was changed from 2 to 3 for more recreational opportunity.

WAC 232-12-292 Bald eagle protection rules.

     Changes, if any, from the text of the proposed rule and reasons for difference:

•	Added the definition of "Sensitive" it was omitted from the WAC by error.

WAC 232-12-297 Endangered, threatened, and sensitive wildlife species classification.

     Changes, if any, from the text of the proposed rule and reasons for difference:

•

None.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

December 27, 2001

Debbie Nelson

for Russ Cahill, Chairman

Fish and Wildlife Commission

OTS-5212.1

AMENDATORY SECTION(Amending Order 98-17, filed 2/11/98, effective 3/14/98)

WAC 232-12-297   Endangered, threatened, and sensitive wildlife species classification.  

Purpose

1.1     The purpose of this rule is to identify and classify native wildlife species that have need of protection and/or management to ensure their survival as free-ranging populations in Washington and to define the process by which listing, management, recovery, and delisting of a species can be achieved. These rules are established to ensure that consistent procedures and criteria are followed when classifying wildlife as endangered, or the protected wildlife subcategories threatened or sensitive.

Definitions

For purposes of this rule, the following definitions apply:

2.1     "Classify" and all derivatives means to list or delist wildlife species to or from endangered, or to or from the protected wildlife subcategories threatened or sensitive.

2.2     "List" and all derivatives means to change the classification status of a wildlife species to endangered, threatened, or sensitive.

2.3     "Delist" and its derivatives means to change the classification of endangered, threatened, or sensitive species to a classification other than endangered, threatened, or sensitive.

2.4     "Endangered" means any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state.

2.5     "Threatened" means any wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats.

2.6     "Sensitive" means any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or removal of threats.

2.7     "Species" means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

2.8     "Native" means any wildlife species naturally occurring in Washington for purposes of breeding, resting, or foraging, excluding introduced species not found historically in this state.

2.9     "Significant portion of its range" means that portion of a species' range likely to be essential to the long term survival of the population in Washington.

Listing criteria

3.1     The commission shall list a wildlife species as endangered, threatened, or sensitive solely on the basis of the biological status of the species being considered, based on the preponderance of scientific data available, except as noted in section 3.4.

3.2     If a species is listed as endangered or threatened under the federal Endangered Species Act, the agency will recommend to the commission that it be listed as endangered or threatened as specified in section 9.1. If listed, the agency will proceed with development of a recovery plan pursuant to section 11.1.

3.3     Species may be listed as endangered, threatened, or sensitive only when populations are in danger of failing, declining, or are vulnerable, due to factors including but not restricted to limited numbers, disease, predation, exploitation, or habitat loss or change, pursuant to section 7.1.

3.4     Where a species of the class Insecta, based on substantial evidence, is determined to present an unreasonable risk to public health, the commission may make the determination that the species need not be listed as endangered, threatened, or sensitive.

Delisting criteria

4.1     The commission shall delist a wildlife species from endangered, threatened, or sensitive solely on the basis of the biological status of the species being considered, based on the preponderance of scientific data available.

4.2     A species may be delisted from endangered, threatened, or sensitive only when populations are no longer in danger of failing, declining, are no longer vulnerable, pursuant to section 3.3, or meet recovery plan goals, and when it no longer meets the definitions in sections 2.4, 2.5, or 2.6.

Initiation of listing process

5.1     Any one of the following events may initiate the listing process.

5.1.1	The agency determines that a species population may be in danger of failing, declining, or vulnerable, pursuant to section 3.3.
5.1.2	A petition is received at the agency from an interested person. The petition should be addressed to the director. It should set forth specific evidence and scientific data which shows that the species may be failing, declining, or vulnerable, pursuant to section 3.3. Within 60 days, the agency shall either deny the petition, stating the reasons, or initiate the classification process.
5.1.3	An emergency, as defined by the Administrative Procedure Act, chapter 34.05 RCW. The listing of any species previously classified under emergency rule shall be governed by the provisions of this section.
5.1.4	The commission requests the agency review a species of concern.

5.2     Upon initiation of the listing process the agency shall publish a public notice in the Washington Register, and notify those parties who have expressed their interest to the department, announcing the initiation of the classification process and calling for scientific information relevant to the species status report under consideration pursuant to section 7.1.

Initiation of delisting process

6.1     Any one of the following events may initiate the delisting process:

6.1.1	The agency determines that a species population may no longer be in danger of failing, declining, or vulnerable, pursuant to section 3.3.
6.1.2	The agency receives a petition from an interested person. The petition should be addressed to the director. It should set forth specific evidence and scientific data which shows that the species may no longer be failing, declining, or vulnerable, pursuant to section 3.3. Within 60 days, the agency shall either deny the petition, stating the reasons, or initiate the delisting process.
6.1.3	The commission requests the agency review a species of concern.

6.2     Upon initiation of the delisting process the agency shall publish a public notice in the Washington Register, and notify those parties who have expressed their interest to the department, announcing the initiation of the delisting process and calling for scientific information relevant to the species status report under consideration pursuant to section 7.1.

Species status review and agency recommendations

7.1     Except in an emergency under 5.1.3 above, prior to making a classification recommendation to the commission, the agency shall prepare a preliminary species status report. The report will include a review of information relevant to the species' status in Washington and address factors affecting its status, including those given under section 3.3. The status report shall be reviewed by the public and scientific community. The status report will include, but not be limited to an analysis of:

7.1.1	Historic, current, and future species population trends
7.1.2	Natural history, including ecological relationships (e.g. food habits, home range, habitat selection patterns).
7.1.3	Historic and current habitat trends.
7.1.4	Population demographics (e.g. survival and mortality rates, reproductive success) and their relationship to long term sustainability.
7.1.5	Historic and current species management activities.

7.2     Except in an emergency under 5.1.3 above, the agency shall prepare recommendations for species classification, based upon scientific data contained in the status report. Documents shall be prepared to determine the environmental consequences of adopting the recommendations pursuant to requirements of the State Environmental Policy Act (SEPA).

7.3     For the purpose of delisting, the status report will include a review of recovery plan goals.

Public review

8.1     Except in an emergency under 5.1.3 above, prior to making a recommendation to the commission, the agency shall provide an opportunity for interested parties to submit new scientific data relevant to the status report, classification recommendation, and any SEPA findings.

8.1.1	The agency shall allow at least 90 days for public comment.
((8.1.2	The agency will hold at least one Eastern Washington and one Western Washington public meeting during the public review period.))

Final recommendations and commission action

9.1     After the close of the public comment period, the agency shall complete a final status report and classification recommendation. SEPA documents will be prepared, as necessary, for the final agency recommendation for classification. The classification recommendation will be presented to the commission for action. The final species status report, agency classification recommendation, and SEPA documents will be made available to the public at least 30 days prior to the commission meeting.

9.2     Notice of the proposed commission action will be published at least 30 days prior to the commission meeting.

Periodic species status review

10.1     The agency shall conduct a review of each endangered, threatened, or sensitive wildlife species at least every five years after the date of its listing. This review shall include an update of the species status report to determine whether the status of the species warrants its current listing status or deserves reclassification.

10.1.1

The agency shall notify any parties who have expressed their interest to the department of the periodic status review. This notice shall occur at least one year prior to end of the five year period required by section 10.1.

10.2     The status of all delisted species shall be reviewed at least once, five years following the date of delisting.

10.3     The department shall evaluate the necessity of changing the classification of the species being reviewed. The agency shall report its findings to the commission at a commission meeting. The agency shall notify the public of its findings at least 30 days prior to presenting the findings to the commission.

10.3.1	If the agency determines that new information suggests that classification of a species should be changed from its present state, the agency shall initiate classification procedures provided for in these rules starting with section 5.1.
10.3.2	If the agency determines that conditions have not changed significantly and that the classification of the species should remain unchanged, the agency shall recommend to the commission that the species being reviewed shall retain its present classification status.

10.4     Nothing in these rules shall be construed to automatically delist a species without formal commission action.

Recovery and management of listed species

11.1     The agency shall write a recovery plan for species listed as endangered or threatened. The agency will write a management plan for species listed as sensitive. Recovery and management plans shall address the listing criteria described in sections 3.1 and 3.3, and shall include, but are not limited to:

11.1.1	Target population objectives
11.1.2	Criteria for reclassification
11.1.3	An implementation plan for reaching population objectives which will promote cooperative management and be sensitive to landowner needs and property rights. The plan will specify resources needed from and impacts to the department, other agencies (including federal, state, and local), tribes, landowners, and other interest groups. The plan shall consider various approaches to meeting recovery objectives including, but not limited to regulation, mitigation, acquisition, incentive, and compensation mechanisms.
11.1.4	Public education needs
11.1.5	A species monitoring plan, which requires periodic review to allow the incorporation of new information into the status report.

11.2     Preparation of recovery and management plans will be initiated by the agency within one year after the date of listing.

11.2.1	Recovery and management plans for species listed prior to 1990 or during the five years following the adoption of these rules shall be completed within 5 years after the date of listing or adoption of these rules, whichever comes later. Development of recovery plans for endangered species will receive higher priority than threatened or sensitive species.
11.2.2	Recovery and management plans for species listed after five years following the adoption of these rules shall be completed within three years after the date of listing.
11.2.3	The agency will publish a notice in the Washington Register and notify any parties who have expressed interest to the department interested parties of the initiation of recovery plan development.
11.2.4	If the deadlines defined in sections 11.2.1 and 11.2.2 are not met the department shall notify the public and report the reasons for missing the deadline and the strategy for completing the plan at a commission meeting. The intent of this section is to recognize current department personnel resources are limiting and that development of recovery plans for some of the species may require significant involvement by interests outside of the department, and therefore take longer to complete.

11.3     The agency shall provide an opportunity for interested public to comment on the recovery plan and any SEPA documents.

Classification procedures review

12.1     The agency and an ad hoc public group with members representing a broad spectrum of interests, shall meet as needed to accomplish the following:

12.1.1	Monitor the progress of the development of recovery and management plans and status reviews, highlight problems, and make recommendations to the department and other interested parties to improve the effectiveness of these processes.
12.1.2	Review these classification procedures six years after the adoption of these rules and report its findings to the commission.

Authority

13.1     The commission has the authority to classify wildlife as endangered under RCW 77.12.020. Species classified as endangered are listed under WAC 232-12-014, as amended.

13.2     Threatened and sensitive species shall be classified as subcategories of protected wildlife. The commission has the authority to classify wildlife as protected under RCW 77.12.020. Species classified as protected are listed under WAC 232-12-011, as amended.

[Statutory Authority: RCW 77.12.040. 98-05-041 (Order 98-17), § 232-12-297, filed 2/11/98, effective 3/14/98. Statutory Authority: RCW 77.12.020. 90-11-066 (Order 442), § 232-12-297, filed 5/15/90, effective 6/15/90.]

OTS-5267.2

AMENDATORY SECTION(Amending Order 283, filed 10/3/86)

WAC 232-12-292   Bald eagle protection rules.  

Purpose

1.1     The purpose of these rules is to protect the habitat and thereby ((increase and)) maintain the population of the bald eagle so that the species ((no longer)) is not classified as threatened ((or)), endangered or sensitive in Washington state. ((The "delisting" of the bald eagle for Washington state is a realistic goal which)) This can best be accomplished by promoting cooperative efforts to manage for ((site-specific)) eagle habitat needs through a process which is sensitive to the ((site-specific)) landowner goals as well. The following rules are designed to promote such cooperative management.

Authority

2.1     These rules are promulgated pursuant to RCW 77.12.655.

Definitions

3.1     "Communal roost site" means all of the physical features surrounding trees used for night roosting that are important to the suitability of the roost for eagle use. These features include flight corridors, sources of disturbance, trees in which eagles spend the night, trees used for perching during arrival or departure and other trees or physical features, such as hills, ridges, or cliffs that provide wind protection.

3.2     "Cultural activities" means activities conducted to foster the growth of agricultural plants and animals.

((3.3     "Delist" means to remove a species from the state special species list by action of the game commission or from the federal endangered species list by action of the secretary of the interior.

3.4)) 3.3     "Department" means department of ((game)) fish and wildlife.

((3.5)) 3.4     "Endangered" means a species which is seriously threatened with extirpation throughout all or a significant portion of its range within Washington.

((3.6)) 3.5     "Government entities" means all agencies of federal, state and local governments.

((3.7)) 3.6     "Landowner" means any individual, private, partnership, nonprofit, municipal, corporate, city, county, or state agency or entity which exercises control over a bald eagle habitat whether such control is based on legal or equitable title, or which manages or holds in trust land in Washington state.

((3.8)) 3.7     "Nest tree" means any tree that contains a bald eagle nest or has contained a nest.

((3.9)) 3.8     "Nest site" means all of the physical features surrounding bald eagle nests that are important to normal breeding behavior. These features include alternate and potential nest trees, perch trees, vegetative screening, foraging area, frequently used flight paths, and sources of disturbance. This site is also referred to as the territory defended by a breeding pair of eagles.

((3.10)) 3.9     "Perch tree" means a tree that is consistently used by eagles. It is often close to a nest or feeding site and is used for resting, hunting, consumption of prey, mating display and as a sentry post to defend the nest.

((3.11)) 3.10     "Predacides" means chemicals used to kill or control problem wildlife.

((3.12)) 3.11     "Region" means an ecological/geographic area that forms a unit with respect to eagles, e.g., Hood Canal, lower Columbia River, outer coast and south Puget Sound.

3.12     "Sensitive" means any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or removal of threats.

3.13     "Site management plan" means a legal agreement between the department and the landowner for management of a bald eagle nest or roost site. This plan may be a list of conditions on a permit or a more detailed, site-specific plan.

3.14     "Threatened" means a species that could become endangered within Washington without active management or removal of threats.

Applicability and operation

4.1     The department ((of game)) shall make available to other governmental entities, interest groups, landowners and individuals information regarding the location and use pattern of eagle nests and communal roosts.

4.2     The department ((of game)) shall itself and through cooperative efforts (such as memoranda of understandings pursuant to chapter 39.34 RCW) work with other government agencies and organizations to improve the data base for nest and communal roost site activity and productivity and to protect eagle habitats through site management plans. ((The department regularly shall confer with other governmental entities to improve the preliminary nest site management information and its accessibility and useability.))

4.3     The department's goal shall be to identify, catalog and prioritize eagle ((nesting)) nest or communal roost sites. The department shall ((facilitate landowner notification that nesting or roost sites exist on their property and work with landowners to develop a)) notify permitting agencies of nesting or roost site ((description)) locations.

4.4     When a ((proposed)) landowner applies for a permit for a land-use activity that involves land containing or adjacent to an eagle nest or communal roost site, the permitting agency shall ((immediately)) notify the department ((of game of the permit application)).

((4.5     When)) If the department determines that ((a)) the proposed activity would adversely impact eagle habitat, a ((department representative shall meet on-site with the landowner and, where applicable, a representative of the permitting agency to discuss management options for the protection of eagle habitat. The purpose of these discussions shall be to reach agreement on a site management plan for bald eagle habitat protection)) site management plan shall be required. The department, a permitting agency, or wildlife biologist may work with the landowner to develop a plan. The department has final approval authority on all plans.

((4.6)) 4.5     It is recognized that normal on-going agricultural activities of land preparation, cultivating, planting, harvesting, other cultural activities, grazing and animal-rearing activities in existing facilities do not have significant adverse consequences for eagles and therefore do not require a site management plan. New building construction, conversion of lands from agriculture to other uses, application of predacides and aerial pesticide spraying, may, following a conference with the department ((of game)), be subject to the site management planning process described in these rules.

((4.7)) 4.6     Emergency situations, such as insect infestation of crops, requires immediate action on the site management plan or special permission to address the impending crisis by the department ((of game)).

Site management plan for bald eagle habitat protection

5.1     The purpose of the site management plan is to provide for the protection of specific bald eagle habitat in such a way as to recognize the special characteristics of the site and the landowner's property rights, goals and pertinent options. To this end, every land owner shall have fair access to the process including available incentives and benefits. Any relevant factor ((shall)) may be considered, including, but not limited to, the following:

     5.1.1     The status of the eagle population in the region.

     5.1.2     The useful life of the nest or communal roost trees and condition of the surrounding forest; the topography; accessibility and visibility; and existing and alternative flight paths, perch trees, snags and potential alternative nest and communal roost trees.

     5.1.3     Eagle behavior and historical use patterns, available food sources, and vulnerability to disturbance.

     5.1.4     The surrounding land-use conditions, including degree of development and human use.

     5.1.5     Land ownership, landowner ability to manage, and flexibility of available landowner options.

     5.1.6     Appropriate and acceptable incentive mechanisms such as conservation easements, transfer or purchase of development rights, leases, mutual covenants, or land trade or purchase.

     5.1.7     Published recommendations for eagle habitat protection of other government entities such as the U.S. Fish and Wildlife Service.

5.2     The site management plan ((shall)) may provide for

     5.2.1     Tailoring the timing, duration or physical extent of activities to minimize disturbance to the existing eagle habitat and, where appropriate, identifying and taking steps to encourage and create alternative eagle habitat; and

     5.2.2     Establishing a periodic review of the plan to monitor whether:

     a)     The plan requires amendment in response to changing eagle and landowner circumstances

     b)     The terms of the plan comply with applicable laws and regulations,

     c)     The parties to the plan are complying with its terms.

5.3     The site management plan may also provide for implementing landowner incentive and compensation mechanisms through which the existing eagle habitat can be maintained or enhanced.

Guidelines for acquisition of bald eagle habitat

6.1     Real property interests may be acquired and agreements entered into which could enhance protection of bald eagle habitat. These include fee simple acquisition, land trades, conservation easements, transfer or purchase of development rights, leases, and mutual covenants. Acquisition shall be dependent upon having a willing seller and a willing buyer. Whatever interest or method of protection is preferable will depend on the particular use and ownership characteristics of a site. In discussing conservation objectives with private or public landowners, the department shall explore with the landowner the variety of protection methods which may be appropriate and available.

6.2     The following criteria and priorities shall be considered by the department when it is contemplating acquiring an interest in a bald eagle habitat.

     6.2.1     Site considerations:

     a)     Relative ecological quality, as compared to similar habitats

     b)     Ecological viability -- the ability of the habitat and eagle use to persist over time

     c)     Defensibility -- the existence of site conditions adequate to protect the eagle habitat from unnatural encroachments

     d)     Manageability -- the ability to manage the site to maintain suitable eagle habitat

     e)     Proximity to food source

     f)     Proximity to other protected eagle habitat

     g)     Proximity to department land or other public land

     h)     Eagle population density and history of eagle use in the area

     i)     The natural diversity of native species, plant communities, aquatic types, and geologic features on the site.

     6.2.2     Other considerations

     a)     Ownership

     b)     Degree of threat

     c)     Availability of funding

     d)     Existence of willing donor or seller and prior agency interest

     e)     Cost

In general, priority shall be given to the most threatened high quality eagle habitats with associated natural values which require the least management.

Resolution of site management plan disputes

7.1     The department((,)) and the landowner ((and the permitting agency)) shall ((work)) attempt to develop a mutually agreeable site management plan within 30 days of the original notice to the department ((of game. This plan shall become a part of the application for a permit)).

7.2     Should agreement not be reached, the landowner may ((refer the site management plan to the bald eagle oversight committee (paragraph 8). The committee shall have 30 days from the date contacted to bring about agreement among the department, the landowner, and the permitting agency. The committee may use conciliation, mediation and factfinding, or any other method they deem appropriate to bring about a mutually acceptable resolution of the issues)) request an informal settlement conference with the department.

7.3     If the landowner chooses not to use the ((services of the bald eagle oversight committee)) informal settlement conference process or if resolution is not reached, the department ((of game)) shall within 15 days provide a site management plan to the landowner ((and permitting agency)).

7.4     Upon issuance of a final site management plan, the landowner may initiate a formal appeal of the ((department of game's)) department's decision. ((Formal appeal procedures appear in WAC 232-12-197.)) The appeal shall be conducted according to the Administrative Procedure Act, chapter 34.05 RCW and the model rules of procedure, chapter 10-08 WAC.

     A request for an appeal shall be in writing and shall be received by the department during office hours within thirty days of the issuance of the final site management plan. Requests for appeal shall be mailed to Department of Fish and Wildlife, 600 Capitol Way N., Olympia, Washington 98501-1091, or hand delivered to 1111 Washington Street S.E., Wildlife Program, Fifth floor. If there is no timely request for an appeal, the site management plan shall be unappealable.

     The written request for an appeal shall be plainly labeled as "request for formal appeal" and shall contain the following:

(a)	The name, address, and phone number of the person requesting the appeal;
(b)	The specific site management plan that the person contests;
(c)	The date of the issuance of the site management plan;
(d)	Specific relief requested; and
(e)	The attorney's name, address, and phone number, if the person is represented by legal counsel.

     The appeal may be conducted by the director, the director's designee, or by an administrative law judge (ALJ) appointed by the office of administrative hearings. If conducted by an ALJ, the ALJ shall issue an initial order pursuant to RCW 34.05.461. The director or the director's designee shall review the initial order and enter a final order as provided by RCW 34.05.464.

((Bald eagle oversight committee

8.1     The director of the department of game shall appoint a five-member bald eagle oversight committee with two members representing landowner interests, two members representing wildlife interests and one nonvoting member from the department of game. Members are appointed for three year terms, with the initial terms for one, two or three years so that committee appointments will be staggered over time. The committee shall meet at least quarterly, and as needed, to accomplish the following:

8.1.1	Monitor the progress of cooperative bald eagle management processes under these regulations and make recommendations to the department and other interested parties to improve the effectiveness of these processes.
8.1.2	Undertake resolution of site management plan disputes under paragraph 7.2 above.
8.1.3	protection Coordinate joint efforts on Washington bald eagle .

8.2     The members of the committee shall not receive compensation but shall be reimbursed under RCW 43.03.050 and 43.03.060 for travel expenses incurred while attending official meetings of the committee.

Automatic review processes

9.1     The bald eagle oversight committee will report to the department of game annually regarding its activities under paragraph 8.1. The department of game will conduct an initial review of the bald eagle regulatory process after 3 years which will include a public hearing, and then every five years thereafter.))

Penalties

((10.1)) 8.1     Failure of a landowner to comply with the processes set forth in these rules or with the provisions of a site management plan approved by the department constitutes a misdemeanor as set forth in RCW ((77.21.010)) 77.15.130.

[Statutory Authority: RCW 77.12.655. 86-21-010 (Order 283), § 232-12-292, filed 10/3/86.]

OTS-5266.2

AMENDATORY SECTION(Amending Order 00-254, filed 1/31/01, effective 3/3/01)

WAC 232-28-271   Private lands wildlife management area hunting seasons, rules and boundary descriptions.  

DEER GENERAL SEASONS ON PRIVATE LANDS

WILDLIFE MANAGEMENT AREAS

((IP Pacific Timberlands, Inc.)) Rainier Timber Company (PLWMA 401) Kapowsin Tree Farm
Hunting Method	((2001)) 2002 Dates	Special Restrictions
Archery	((Aug. 27-Sept. 9)) Aug. 26-Sept. 8	((2 Pt. Min. or Antlerless)) Any Buck
	Sept. 30-Oct. ((8)) 10	2 Pt. Min. or Antlerless
Modern Firearm	Oct. ((9-23)) 11-24	2 Pt. Min.
Muzzleloader	((Nov. 23-Dec. 4)) Nov. 22-Dec. 3	2 Pt. Min. or Antlerless

Merrill and Ring (PLWMA 600) Pysht Tree Farm
Hunting Method	((2001)) 2002 Dates	Special Restrictions
Archery	Sept. 1-14 and ((Nov. 21-Dec. 31)) Nov. 25-Dec. 31	Either Sex South Unit (600B)
Modern Firearm	Oct. ((13-31)) 12-31	Buck Only South Unit (600B)
	Nov. ((15-18)) 14-17	Buck Only South Unit (600B)
Muzzleloader	Oct. ((1-10)) 1-9	Buck Only South Unit (600B)

((2001)) 2002 DEER PERMIT SEASONS ON

PRIVATE LANDS WILDLIFE MANAGEMENT AREAS

((2001)) 2002 - Blacktail Deer ((IP Pacific Timberlands, Inc.)) Rainier Timber Company Kapowsin Tree Farm - ((IP Pacific Timberlands, Inc.)) Rainier Timber Company Permit Draw Deer Permits - Hunters apply to Washington Department of Fish and Wildlife in WDFW permit draw process.
Hunt Name	Permit Number	Permit Season	Special Restrictions	Boundary Description
((Kapowsin North))	30	Dec. ((8-10)) 6-8	Antlerless Only, Age 65 and older Hunters	PLWMA 401((A North)) B Central
	20	Dec. ((8-10)) 6-8	Antlerless Only, AHE Hunters	PLWMA 401((A North)) B Central
Kapowsin Central	50	Dec. ((8-10)) 6-8	Antlerless Only	PLWMA 401B Central
Kapowsin South	50	Dec. ((8-10)) 6-8	Antlerless Only, Youth Hunters	PLWMA 401C South
	50	Dec. ((8-10)) 6-8	Antlerless Only, Disabled Hunters	PLWMA 401C South

ACCESS QUOTAS AND RAFFLE SEASONS

ON PRIVATE LANDS WILDLIFE MANAGEMENT AREAS

((2001)) 2002 - Mule and Whitetail Deer Buckrun Limited Area - Access Quotas and Seasons Only hunters possessing a modern firearm deer tag are eligible for access authorizations on PLWMA 201. You may contact the PLWMA manager, Derek Stevens, at (509) 345-2577 for information on these hunts.
Hunt Name	Quota	Access Season	Special Restrictions	Boundary Description
Buckrun	((150)) 100	((Sept 15-Dec. 31)) Sept. 15-Oct. 31	Any Deer (Access Fee)	PLWMA 201
Buckrun	50	Nov. 1-Dec. 31	Mule deer, 3 pt. min. or Antlerless, Any whitetail (access fee)	PLWMA 201

((2001)) 2002 - Blacktail Deer ((IP Pacific Timberlands, Inc.)) Rainier Timber Company Kapowsin Tree Farm -- Raffle Quotas and Seasons Hunter must contact ((IP Pacific Timberlands, Inc.)) Rainier Timber Company for auction/raffle permit opportunity. Only hunters possessing a valid deer tag (any ((2001)) 2002 deer tag) are eligible for ((IP Pacific Timberlands, Inc.)) Rainier Timber Company buck permits. Hunters drawing ((an IP Pacific Timberlands, Inc.)) a Rainier Timber Company deer raffle permit may purchase a second deer tag for the hunt. Persons interested in these deer permits should contact ((IP Pacific Timberlands, Inc.)) Rainier Timber Company, 31716 Camp 1 Road, Orting, WA 98360. For more information, please call 1-800-782-1493.
Hunt Name	Permit Number	Raffle Season	Special Restrictions	Boundary Description
Kapowsin North/Buck	8	Nov. ((5-17)) 8-21	Buck Only (Raffle)	PLWMA 401A North
Kapowsin Central/Buck	29	Nov. ((5-17)) 8-21	Buck Only (Raffle)	PLWMA 401B Central
Kapowsin South/Buck	14	Nov. ((5-17)) 8-21	Buck Only (Raffle)	PLWMA 401C South
Kapowsin ((Central)) North	50	Dec. ((8-10)) 6-8	Antlerless Only (Raffle)	PLWMA ((401B Central)) 401A North

((2001)) 2002 - Blacktail Deer Merrill and Ring's Pysht Tree Farm - Quotas and Seasons An access fee will be charged by the landowner for hunting on the Pysht Tree Farm. The following hunts are raffle hunts offered by Merrill and Ring. Hunters must possess a valid deer tag when participating in these hunts. Persons interested in these hunts should contact Merrill and Ring, 11 Pysht River Rd., Clallam Bay, WA 98326. For more information, please call Merrill and Ring at 1-800-998-2382.
Hunt Name	Quota	Raffle Season	Special Restrictions	Boundary Description
Pysht North A	15	Sept. 1-14	Raffle, Archery, 3 pt. minimum or Antlerless	PLWMA (600A) North Unit
Pysht North B	20	Oct. ((1-10)) 1-9	Raffle, Muzzleloader, 3 pt. minimum or Antlerless	PLWMA (600A) North Unit
Pysht North C	25	Nov. ((10-24)) 9-24	Raffle, 3 pt. min. or Antlerless	PLWMA (600A) North Unit
Pysht North D	5	Nov. ((10-24)) 9-24	Restricted, 3 pt. minimum or Antlerless	PLWMA (600 A) North Unit

ELK RAFFLE SEASONS ON PRIVATE LANDS WILDLIFE MANAGEMENT AREAS

((2001)) 2002 - Elk Merrill and Ring PLWMA 600 Pysht Tree Farm - Raffle Quota and Season Hunter must contact Merrill and Ring for raffle hunt opportunity. For more information please call Merrill and Ring at 1-800-998-2382 or write to them at Merrill and Ring Tree Farm, 11 Pysht River Rd., Clallam Bay, WA 98326.
Hunt Name	Quota	Raffle Season	Special Restrictions	Boundary Descriptions
Pysht	((2)) 3	Sept. 15-30	Any Bull Elk, Any Weapon	PLWMA 600

PLWMA 201 - Buckrun Limited (Grant County): Beginning at the southwest corner of S27 T23 R27E; 2 miles east, 1/2 mile north, 1 mile east, 1/2 mile south of S25; continuing 2 miles east to the southwest corner of S26 T23 R28E; 1 mile south to the southwest corner of S33 T23 R28E; east 1 mile; thence 1/4 mile north, 1 mile east, 1/4 mile to the intersection with the Stratford Game Reserve; from the southwest corner of S6 T22 R29E; east 1 mile along BNSF right-of-way to the intersection of S5 T22 R29E; south 1.75 miles to the southwest corner of S8 T22 R29E; east 2 miles to the southeast corner of S9 T22 R29E; north 1.5 miles (except the southeast 1/4 of the southeast 1/4 of S4 T22 R29E); east 1.5 miles to the middle 1/4 corner of S2 T22 R29E; north 1/4 mile, west 1/2 mile, north 1/2 mile; east at the northeast corner of S2 T22 R29E; 1 mile east to the southeast corner of S35 T23 R29E; north 1 mile to the southeast corner of S26 T23 R29E; east 1 mile to the southeast corner of S25 T23 R29E; north 4.25 miles to the northeast 1/4 of the southeast 1/4 of S1 T23 R29E; west 1 mile to the northwest corner of the northwest 1/4 of S1 T23 R29E; south 1 mile to the southwest corner of the northwest 1/4 of the southwest 1/4 of S12 T23 R29E; 1/2 mile east to the northwest corner of the southeast 1/4 of the southwest 1/4 of S12 T23 R29E; south 1/4 mile to the southeast corner of the southwest 1/4 of S12 T23 R29E; west 3 miles to the northwest corner of the east 1/2 of S16 T23 R29E; south 1 mile to the southeast corner of the east 1/2 of S16 T23 R29E; west 1/2 mile to the northeast corner of S20 T23 R29E; north 1 mile to the northwest corner of S16 T23 R29E; east 1 mile to the northeast corner of S9 T23 R29E; north 1 mile to the northeast corner of S9 T23 R29E; west 1 mile to the northeast corner of S8 T23 R29E; north 1 mile to the northeast corner of S5 T23 R29E; west 1/2 mile to the southeast corner of the west 1/2 of S32 T23 R29E; north 1 mile to the corner of the west 1/2 of S32 T23 R29E; 1.5 miles west to the northwest corner of S31 T24 R29E; south 1 mile to the northwest corner of S6 T23 R29E; west 1 mile to the northeast corner of S2 T23 R28E; north 1 mile to the northeast corner of S35 T24 R28E; west 1 mile to the northwest corner of S35 T24 R28E; south 1 mile to the northwest corner of S2 T23 R28E; west 3/4 mile to the northwest corner of the northeast 1/4 of S3 T23 R28E; south 1.5 miles to the intersection with the Stratford Game Reserve; continue from the southeast corner of the southeast 1/4 of the northeast 1/4 of S9 T23 R28E; north 1/2 mile to the northeast corner of S9 T23 R28E; west 1/4 mile north to the intersection of the Pinto Ridge Road; southwest on the Pinto Ridge Road to the northeast corner of the southeast 1/4 of S8 T23 R28E; west 1/2 mile to the northwest corner of the southeast 1/4 of S8 T23 R28E; south 1/4 mile to the intersection with the old NPRR bed. Follow the NPRR bed southwest to the southeast corner of the southwest 1/4 of S13 T23 R27E; northeast along the Dry Coulee Road to the northeast corner of S13 T23 R27E; west 1/4 mile to the southwest corner of the southeast 1/4 of S12 T23 R27E; north 1/4 mile, west 1/2 mile, north 1/4 mile, west 1/4 mile to the corner of the southwest 1/4 of S12 T23 R27E; west 1 mile to the northwest corner of the south 1/2 of S11 T23 R27E; south 1.5 miles to the northwest corner of S23 T23 R27E; west 2 miles to the northwest corner of S22 T23 R27E; south 1 mile to the southwest corner of S21 T23 R27E; east 1 mile, south 1 mile to the point of beginning. Public lands within the external boundaries are not part of the PLWMA. A map of PLWMA 201 is available from WDFW's Region 2 office in Ephrata, (509) 754-4624.

PLWMA 401 - ((IP Pacific Timberlands, Inc. (IPPTI))) Rainier Timber Company RTC (Pierce County): Beginning at the intersection of ((IPPTI)) RTC haul road (((IPPTI)) RTC 1 Rd.) and the Camp One Road near the town of Kapowsin; southwest along the east side of Lake Kapowsin to Ohop Creek; up Ohop Creek to ((IPPTI)) RTC ownership line; along ownership line to S.W. corner of the north half of Section 6, T16N, R5E; easterly along Weyerhaeuser/((IPPTI)) RTC ownership line to the intersection with Busy Wild Creek; up Busy Wild Creek to intersection with ((IPPTI)) RTC ownership on the section line between Sections 10 & 15, T15N, R6E; west and south along DNR/((IPPTI)) RTC ownership line and Plum Creek Timber Co./((IPPTI)) RTC ownership line to most southerly point of ((IPPTI)) RTC ownership (northwest of Ashford, WA); easterly along ((IPPTI)) RTC ownership line to DNR/((IPPTI)) RTC ownership line; north and east to USFS/((IPPTI)) RTC ownership line; east along USFS/((IPPTI)) RTC ownership line to S.W. corner of Section 31, T16N, R7E; north along USFS/((IPPTI)) RTC ownership line to N.W. corner Section 32, T16N, R7E; east along Plum Creek Timber Co./USFS ownership line to N.E. corner of Section 32, T16N, R7E; south along USFS/((IPPTI)) RTC ownership line to S.E. corner Section 32, T16N, R7E; east along USFS/((IPPTI)) RTC ownership line to Mount Rainier National Park Boundary; north along Mount Rainier National Park Boundary to N.E. corner Section 24, T17N, R7E; northwest along SR 165 to intersection with Carbon River; down Carbon River to the BPA Transmission Line; south and west along the powerline to the Fisk Road; south along the Fisk Road to the King Creek Gate; north and west along the Brooks Road BPA Transmission line; southwest along BPA Transmission line to the Puyallup River (excluding all small, private ownerships); up Puyallup River to intersection with ((IPPTI)) RTC haul road bridge; south along ((IPPTI)) RTC haul road to point of beginning. Another portion of PLWMA 401 ((IPPTI)) RTC is the Buckley block (Kapowsin North described as follows: Beginning at the intersection of the BPA Transmission line and South Prairie Creek; up South Prairie Creek to East Fork South Prairie Creek; up East Fork South Prairie Creek to Plum Creek Timber Co./((IPPTI)) RTC ownership line (on south line of Section 33, T19N, R7E); along ((IPPTI)) RTC ownership line to center line of Section 34, T19N, R7E; north and east along DNR/((IPPTI)) RTC ownership line to S.W. corner of Section 27, T19N, R7E; north along Weyerhaeuser/((IPPTI)) RTC ownership line to White River; down White River to where it crosses west line Section 6, T19N, R7E; south and west along ((IPPTI)) RTC ownership line to intersection with South Prairie Creek; up South Prairie Creek to point of beginning.

PLWMA 401A - Kapowsin North (Buckley): That portion of PLWMA 401 description which includes the Buckley block.

PLWMA 401B - Kapowsin Central (King Creek): That portion of PLWMA 401 description which lies to the north of the Puyallup River, excluding the Buckley block.

PLWMA 401C - Kapowsin South (Kapowsin): That portion of PLWMA 401 description which lies to the south of the Puyallup River.

PLWMA 600 - Merrill and Ring (Clallam County): Beginning at Clallam Bay, east along the Strait of Juan de Fuca to the mouth of Deep Creek, south along Deep Creek to the township line between Townships 30 and 31, west along said township line to Highway 113 (Burnt Mt. Road) and north along Burnt Mt. Road (Highway 112 and 113) to Clallam Bay and point of beginning, except the following described lands: T31N R10W: E 1/2 W 1/2, E 1/2 West of Deep Creek Section 19, Except SW 1/4 NW 1/4, SW 1/4, W 1/2 E 1/2 West of Deep Creek Section 30, Except North & West of Deep Creek Section 31: T31N R11W; Except the SW 1/4 SE 1/4 Section 7, Except that portion of NW 1/4 SE 1/4 which is County Park Section 10, Except the NE 1/4 NE 1/4 Section 14, Except W 1/2, W 1/2 E 1/2, SE 1/4 NE 1/4, NE 1/4 SE 1/4 Section 16, Except SW 1/4 NE 1/4 Section 17, Except NW 1/4 NW 1/4, SE 1/4 NW 1/4, SE 1/4, NE 1/4, NW 1/4 SE 1/4 Section 18, Except W 1/2 SW 1/4, SW 1/4 NE 1/4 Section 19, Except W 1/2 SW 1/4 Section 27, Except S 1/2 S 1/2, N 1/2 SW 1/4 Section 28, Except E 1/2 SE 1/4, SW 1/4 SE 1/4, NE 1/4, SW 1/4 Section 29, Except SW 1/4 SE 1/4 Section 30, Except NE 1/4 Section 31, Except All Section 32, Except All Section 33, except SW 1/4 NE 1/4, S 1/2 Section 34, T31N R12W; Except SE 1/4 SE 1/4, W 1/2 SE 1/4 East of Highway 112 Section 4, Except All East of Highway 112 Section 9, Except E 1/2 NE 1/4, SW 1/4 NE 1/4, W 1/2, SW 1/4, NW 1/4 SE 1/4 Section 13, Except S 1/2 SE 1/4 Section 14, Except E 1/2 NW 1/4 East of Highway 112 Section 23, Except N 1/2 SW 1/4, SE 1/4 NW 1/4 Section 24, Except SE 1/4 SW 1/4, SW 1/4 SE 1/4 Section 26, Except N 1/2 N 1/2, NE 1/4 SW 1/4 Section 35, Except All Section 36: T32N R12W; Except W 1/2 SE 1/4 Section 21, Except All Section 22, Except NW 1/4 Section 27, Except NE 1/4, N 1/2 SE 1/4, E 1/2 W 1/2 East of Highway 112 Section 28, Except E 1/2 W 1/2 East of Highway 112 Section 33, Except S 1/2 Section 36.

PLWMA 600A North - Merrill and Ring North: That portion of PLWMA 600 north of Highway 112.

PLWMA 600B South - Merrill and Ring South: That portion of PLWMA 600 south of Highway 112.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.04.012. 01-04-037 (Order 00-254), § 232-28-271, filed 1/31/01, effective 3/3/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-28-271, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.040. 99-10-102 (Order 99-40), § 232-28-271, filed 5/5/99, effective 6/5/99; 99-01-138 (Order 98-249), § 232-28-271, filed 12/22/98, effective 1/22/99; 98-10-009 (Order 98-56), § 232-28-271, filed 4/22/98, effective 5/23/98; 98-01-206 (Order 97-248), § 232-28-271, filed 12/23/97, effective 1/23/98.]

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