WSR 06-04-066

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-09 -- Filed January 30, 2006, 11:54 a.m. , effective March 2, 2006 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: Adopting WAC 232-28-295 Landowner hunting permits and 232-28-294 Multiple season big game permits; amending WAC 232-28-293 Landowner raffle hunts, 232-12-014 Wildlife classified as endangered species and 232-12-011 Wildlife classified as protected shall not be hunted or fished; and repealing WAC 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-271; and amending WAC 232-28-293, 232-12-014, and 232-12-011.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.020.

      Adopted under notice filed as WSR 05-24-094 on December 5, 2005, and WSR 05-24-082 on December 7, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-295 Landowner hunting permits, changes, if any, from the text of the proposed rule and reasons for difference:

•     After the title "Buckrun:", add the following language to more clearly identify the location of the property and clarify the expectations for hunters and property management:

     "Buckrun is located in Grant County, near the town of Wilson Creek. A legal description of the property has been filed with the county and is in the contract between Buckrun and the department.

     Hunting on Buckrun is managed for a quality experience by scheduling hunt dates and keeping the number of hunters in the field low. Hunters with limited flexibility for hunt dates may experience scheduling problems. Hunters can generally expect one (1) day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling (509) 345-2577."

•     The subtitle following the previous narrative should read: "2006 Buckrun Landowner Hunting Permits."

•     In the paragraph that follows the subtitle "2006 Buckrun Landowner Hunting Permits" after the second sentence add: "No access fee will be charged for the raffle permit winners." This makes it clear that access fees will not be charged for the raffle permits.

•     In the same paragraph, delete the last sentence and replace it with: "Contact the manager at (509) 345-2577 for additional information." This removes the individual's name.

•     After further discussions with the Buckrun managers, the permit numbers and restrictions have been modified. Replace the original permit table with the following:


Hunt Name Quota Number Season Special Restrictions Area
Buckrun 10 Sept. 1-

Oct. 13

Antlerless Only Buckrun
Buckrun 15 Oct. 23-

Dec. 31

Antlerless Only Buckrun
Buckrun 13 Sept. 1-

Oct. 13

3 pt. Max. buck* or antlerless Buckrun
Buckrun 13 Oct. 23-

Dec. 31

3 pt. Max. buck* or antlerless Buckrun
Buckrun 4 Sept. 1-

Dec. 31

any deer Buckrun
Buckrun Raffle 2 Sept. 1-

Dec. 31

any deer (3 day guided hunt) Buckrun

•     Change the subtitle "Buckrun Special Hunting Permits" to "2006 Buckrun Special Hunting Permits" to better describe the year that the permits are valid.

•     The paragraph and table following the subtitle: "2006 Buckrun Special Hunting Permits" should read as follows to reflect further discussions and agreements with the Buckrun manager.

     "Hunters apply to the Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm deer tag are eligible for Buckrun Special Permits. Hunters can generally expect one day hunts during the permit season with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577."


Hunt Name Permit Number Season Special Restrictions Area
Buckrun A 10 Sept. 1-

Oct. 13

Antlerless Only

Youth hunters

Buckrun
Buckrun B 10 Sept. 1-

Oct. 13

Antlerless Only

Disabled hunters

Buckrun
Buckrun C 5 Oct. 23-

Dec. 31

Antlerless Only

Senior hunters (65+)

Buckrun
Buckrun D 4 Sept. 1-

Oct. 13

3 pt. max. buck* or antlerless Buckrun
Buckrun E 4 Oct. 23-

Dec. 31

3 pt. max. buck* or antlerless Buckrun

* 3 point maximum buck – a legal buck must have no more than 3 antler points on either antler (i.e., 1x1, 1x2, 1x3, 2x2, 2x3, and 3x3 are legal). All antler points must be at least one (1) inch long. Antler points EXCLUDE eye guards.

WAC 232-28-293 Landowner raffle hunts, changes, if any, from the text of the proposed rule and reasons for difference:

     Under subsection number 4 the text should read:

     4. The landowner deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag ((if desired)) for use on the contracted lands if approved and authorized by the cooperating private landowner.

     This change clarifies where the second license may be used and allows the landowners the option of not using the second license and tag incentive.

WAC 232-28-294 Multiple season beg [big] game permits, changes, if any, from the text of the proposed rule and reasons for difference:

•     After subsection number 3, a new section should be added that reads:

     4. Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.

     This change clarifies that the permit hunters must abide by all general season rules established for a particular area or unit.

•     In the table at the bottom of the page under "Dates," add the words "and regulations."

•     In the table at the bottom of the page under "Legal Animal," the first row should say "Any legal buck consistent with the game management unit or area restrictions." The second row should say "Any legal bull consistent with the game management unit or area restrictions."

     These changes make it clear that the permit holders are restricted to harvesting the same bucks or bulls as general season hunters.

     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 2, Amended 3, Repealed 1.

     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.

     Date Adopted: January 13, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8611.1


NEW SECTION
WAC 232-28-295   Landowner hunting permits.   A landowner may enter into a contract with the department and establish boundaries and other requirements for hunter access consistent with commission policy.

Hunters must possess both an access permit from the landowner and a hunting permit from the department when hunting on lands and for species covered under contract.


Buckrun


Buckrun is located in Grant County, near the town of Wilson Creek. A legal description of the property has been filed with the county and is in the contract between Buckrun and the department.


Hunting on Buckrun is managed for a quality experience by scheduling hunt dates and keeping the number of hunters in the field low. Hunters with limited flexibility for hunt dates may experience scheduling problems. Hunters can generally expect one day hunts during the permit seasons with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Mule and Whitetail Deer


2006 Buckrun Landowner Hunting Permits


The manager of Buckrun will distribute these hunting permits. An access fee may be charged in order to utilize these permits. No access fee will be charged for the raffle permit winners. Only hunters possessing a modern firearm deer tag are eligible for permits on Buckrun properties. Contact the manager at 509-345-2577 for additional information.


Hunt Name Quota Access Season Special Restrictions Boundary Description
Buckrun 10 Sept. 1 - Oct. 13 Antlerless only Buckrun
Buckrun 15 Oct. 23 - Dec. 31 Antlerless only Buckrun
Buckrun 13 Sept. 1 - Oct. 13 3 pt. max. buck* or antlerless Buckrun
Buckrun 13 Oct. 23 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
Buckrun 4 Sept. 1 - Dec. 31 Any deer Buckrun
Buckrun Raffle 2 Sept. 1 - Dec. 31 Any deer (3 day guided hunt) Buckrun

Mule and Whitetail Deer


2006 Buckrun Special Hunting Permits


Hunters apply to Washington department of fish and wildlife for these permits. Only hunters possessing a modern firearm deer tag are eligible for Buckrun special permits. Hunters can generally expect one day hunts during the permit season with written authorization from the Buckrun manager. All hunters must check in and out on hunt day. Schedule hunts in advance by calling 509-345-2577.


Hunt Name Permit Number Permit Season Special Restrictions Boundary Description
Buckrun A 10 Sept. 1 - Oct. 13 Antlerless only youth hunters Buckrun
Buckrun B 10 Sept. 1 - Oct. 13 Antlerless only disabled hunters Buckrun
Buckrun C 5 Oct. 23 - Dec. 31 Antlerless only senior hunters (65+) Buckrun
Buckrun D 4 Sept. 1 - Oct. 13 3 pt. max. buck* or antlerless Buckrun
Buckrun E 4 Oct. 23 - Dec. 31 3 pt. max. buck* or antlerless Buckrun
*3 Pt. maximum - A legal buck must have no more than 3 antler points on either antler (i.e., 1x1, 1x2, 1x3, 2x2, 2x3, 3x3 are legal). All antler points must be at least one inch long. Antler points EXCLUDE eye guards.

[]

OTS-8610.2


NEW SECTION
WAC 232-28-294   Multiple season big game permits.   The commission may, by rule, offer permits for hunters to hunt deer or elk during more than one general season.

     An annual drawing will be conducted by the department for multiple season permits.

     (1) Multiple season big game hunting permit applications:

     (a) To apply for multiple season big game hunting season permits for deer or elk, applicants must purchase and submit a permit application.

     (b) No refunds or exchanges for applications will be made for persons applying for multiple season big game hunting season permits after the drawing has been held.

     (c) An applicant may purchase only one application for a multiple season big game hunting season permit for each species.

     (d) Permits will be randomly drawn by computer selection.

     (e) Incomplete applications will not be accepted.

     (f) The department will establish application and drawing dates.

     (2) The bag limit for this permit is one deer or elk.

     (3) Multiple season permits:

     (a) Hunters who are drawn will be required to purchase their original deer or elk license, corresponding to their permit, and the multiple season big game permit.

     (b) Successful applicants must purchase their multiple season permit within thirty days of the drawing notification date. If they have not purchased the multiple season permit by the deadline, the next person drawn will be offered the permit.

     (c) The permits are not transferable.

     (4) Permit holders are required to follow all rules and restrictions for general season hunters within the game management unit or area hunted.


Number of Permits Dates Game Management Units (GMUs) Legal Animal
Multiple Season Deer Permits
1500 Sept. 1 - December 31 within established general seasons and regulations for deer by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal buck consistent with the game management unit or area restrictions
Multiple Season Elk Permits
500 Sept. 1 - December 31 within established general seasons and regulations for elk by the commission Statewide in those GMUs with general seasons for archery, muzzleloader, or modern firearm hunters Any legal bull consistent with the game management unit or area restrictions

[]

OTS-8609.1


AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01, effective 5/27/01)

WAC 232-28-293   ((PLWMA)) Landowner raffle hunts.   The commission, in consultation with the director and by agreement with ((a)) cooperating private ((lands wildlife management area (PLWMA))) landowners, may authorize hunts for big game animals through raffle.

     1. The ((PLWMA)) manager of property under contract with WDFW will conduct the landowner raffle drawing. Raffle tickets will be sold for not more than $25.00 each.

     2. Any person may purchase ((PLWMA)) landowner raffle tickets in addition to WDFW raffle tickets and participate in auctions and special hunting season permit drawings.

     3. The ((PLWMA)) landowner raffle winners must possess the appropriate hunting license and transport tag prior to participating in the ((PLWMA)) landowner raffle hunt.

     4. The ((PLWMA)) landowner deer or elk raffle hunt winners may purchase an additional deer or elk hunting license and obtain a second transport tag ((if desired)) for use on the contracted lands if approved and authorized by the cooperating private landowner.

     5. If an additional deer or elk hunting license and transport tag are acquired by a raffle winner, the additional transport tag can only be used on the ((PLWMA)) contracted lands during the raffle hunt.

     6. ((The additional deer or elk hunting license and transport tag must be issued by the Olympia department headquarters licensing division.

     7.)) Hunting licenses or transport tags obtained pursuant to a raffle may not be resold or reassigned.

     ((8.)) 7. The ((PLWMA)) manager of property under contract with WDFW who is conducting an authorized raffle will provide an annual report to the department of fish and wildlife prior to December 31. The report will include information on how the event was administered, where and when it occurred, who the winners were, the cost of tickets, and the number of tickets sold.

     ((9.)) 8. Anyone may participate in ((PLWMA)) landowner raffles.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-293, filed 4/26/01, effective 5/27/01.]

OTS-8607.1


AMENDATORY SECTION(Amending Order 02-98, filed 5/10/02, effective 6/10/02)

WAC 232-12-011   Wildlife classified as protected shall not be hunted or fished.   Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

     (1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:


Common Name Scientific Name
western gray squirrel Sciurus griseus
Steller (northern)

     sea lion

Eumetopias jubatus
North American lynx Lynx canadensis
((Aleutian Canada goose)) Branta Canadensis

     leucopareia))

bald eagle Haliaeetus leucocephalus
ferruginous hawk Buteo regalis
marbled murrelet Brachyramphus marmoratus
green sea turtle Chelonia mydas
loggerhead sea turtle Caretta caretta
sage grouse Centrocercus urophasianus
sharp-tailed grouse Phasianus columbianus
Mazama pocket gopher Thomomys mazama

     (2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:

Common Name Scientific Name
Gray whale Eschrichtius gibbosus
Common Loon Gavia immer
Peregrine Falcon Falco peregrinus
Larch Mountain

     salamander

Plethodon larselli
Pygmy whitefish Prosopium coulteri
Margined sculpin Cottus marginatus
Olympic mudminnow Novumbra hubbsi

     (3) Other protected wildlife include:


Common Name Scientific Name
cony or pika Ochotona princeps
least chipmunk     Tamius minimus
yellow-pine chipmunk Tamius amoenus
Townsend's chipmunk Tamius townsendii
red-tailed chipmunk Tamius ruficaudus
hoary marmot Marmota caligata
Olympic marmot Marmota olympus
Cascade

golden-mantled

     ground squirrel

Spermophilus saturatus
golden-mantled

     ground squirrel

Spermophilus lateralis
Washington ground

     squirrel

Spermophilus washingtoni
red squirrel Tamiasciurus hudsonicus
Douglas squirrel Tamiasciurus douglasii
northern flying squirrel Glaucomys sabrinus
wolverine Gulo gulo
painted turtle Chrysemys picta
California mountain

     kingsnake

Lampropeltis zonata;

     All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.

[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-011, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), § 232-12-011, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]


AMENDATORY SECTION(Amending Order 04-98, filed 5/12/04, effective 6/12/04)

WAC 232-12-014   Wildlife classified as endangered species.   Endangered species include:


Common Name Scientific Name
pygmy rabbit Brachylagus idahoensis
fisher Martes pennanti
gray wolf Canis lupus
grizzly bear Ursus arctos
sea otter Enhydra lutris
killer whale Orcinus orca
sei whale Balaenoptera borealis
fin whale Balaenoptera physalus
blue whale Balaenoptera musculus
humpback whale Megaptera novaeangliae
black right whale Balaena glacialis
sperm whale Physeter macrocephalus
Columbian white-tailed

     deer

Odocoileus virginianus leucurus
woodland caribou Rangifer tarandus caribou
American white pelican Pelecanus erythrorhynchos
brown pelican Pelecanus occidentalis
sandhill crane Grus canadensis
snowy plover charadrius alexandrinus
upland sandpiper Bartramia longicauda
spotted owl Strix occidentalis
western pond turtle Clemmys marmorata
leatherback sea turtle Dermochelys coriacea
mardon skipper Polites mardon
Oregon silverspot

     butterfly

Speyeria zerene hippolyta
Oregon spotted frog Rana pretiosa
northern leopard frog Rana pipiens
Taylor's checkerspot Euphydryas editha taylori
Streaked horned lark Eremophila alpestris strigata

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-014, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-014, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-014, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-014, filed 11/6/98, effective 12/7/98; 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]

OTS-8608.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-271 Private lands wildlife management area hunting seasons, rules and boundary descriptions.