WSR 06-11-031

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-91 -- Filed May 8, 2006, 3:10 p.m. , effective June 8, 2006 ]


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

     Purpose: To adopt WAC 232-28-342 2006-07, 2007-08, 2008-09 Small game seasons, and repeal WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-341.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 06-06-105 on March 1, 2006.

     Changes Other than Editing from Proposed to Adopted Version: Changes, if any, from the text of the proposed rule and reasons for difference:

     Under "Early Fall Permit Seasons:"

•     To clarify what tags are required to participate in turkey hunting seasons, add the following text "and who possess a valid turkey tag" to the end of the "Legal Hunter" definition.


     Under "Late Fall Permit Seasons:"

•     Replace the definition of "Legal Hunter" with "All hunters who are selected in the special late fall turkey permit drawing and who possess a valid turkey tag." The adjustment removes the requirement for a fall turkey tag to participate in the late fall permit hunt. This change helps avoid confusion of what tags are required to participate in turkey hunting seasons.


     Under "Official Hunting Hours/Bag Limits For Wild Turkey:"

•     Original:

     SPRING SEASON BAG LIMIT: Only two (2) turkeys may be killed in Eastern Washington per year, except only one (1) may be killed in Chelan, Kittitas, or Yakima counties; and one (1) per year in Western Washington, except two (2) may be killed in Klickitat County. The combined spring season limit is three (3) birds.

•     Recommended Adjustment:

     SPRING SEASONS BAG LIMIT: The combined spring season limit is three (3) birds. Only two (2) turkeys may be killed in Eastern Washington, except only one (1) may be killed in Chelan, Kittitas, or Yakima counties. One (1) turkey may be killed per year in Western Washington outside of Klickitat County. Two (2) turkeys may be killed in Klickitat County.

•     Rationale for Adjustment:

     The adjustment removes "per year" from the paragraph and clarifies the bag limit in Klickitat County. While the "per year" statement is made under the "Spring Season Bag Limit," it was causing confusion when considering fall season bag limits.


Under "Eastern Washington Ring-necked pheasant season:"

•     Change the opening day in the "Regular Season Dates" section for all three years. Change Oct. 7 to Oct. 21; Oct. 6 to Oct. 20; and Oct. 4 to Oct. 18. The commission made this change based on landowner and deer hunting concerns.

•     The following change provides legal clarity, add the underlined text to the following sentence, "The director is authorized to close the pheasant season on an emergency basis as conditions warrant, consistent with RCW 34.05.350 and 77.12.150."


Under "Cottontail and Snowshoe Hare -- Falconry; Bag and Possession Limit"

•     Remove "twice and daily bag limit:" and replace with Fifteen (15). This change makes the falconry bag limit consistent with the general hunting bag limit.

     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 1, Amended 0, 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: April 8, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8781.1


NEW SECTION
WAC 232-28-342   2006-07, 2007-08, 2008-09 Small game seasons.  

STATEWIDE SEASONS:


FOREST GROUSE (BLUE, RUFFED, AND SPRUCE)


Bag and Possession Limits: Three (3) grouse per day, straight or mixed bag, with a total of nine (9) grouse in possession at any time.


SEASON DATES: Sept. 1 - Dec. 31, 2006, 2007, 2008.


BOBCAT


Bag and Possession Limits: No limit.


SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009.


RACCOON


Bag and Possession Limits: No limit.


OPEN AREA: Statewide, EXCEPT closed on Long Island within Willapa National Wildlife Refuge.


SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009.


FOX


Bag and Possession Limits: No limit.


OPEN AREA: Statewide EXCEPT closed within the exterior boundaries of the Mount Baker-Snoqualmie, Okanogan, Wenatchee, and Gifford Pinchot National Forests and GMUs 407 and 410.


SEASON DATES: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009.


COYOTE


Bag and Possession Limits: No limit.


OPEN AREA AND SEASON DATES: Statewide, year round. Coyote may only be killed and/or pursued with hounds during the following period: Sept. 5, 2006 - Mar. 15, 2007; Sept. 4, 2007 - Mar. 15, 2008; Sept. 2, 2008 - Mar. 15, 2009, EXCEPT coyote may be hunted year round with hounds in Grant, Adams, Benton, and Franklin counties.


COTTONTAIL AND SNOWSHOE HARE (OR WASHINGTON HARE)


Bag and Possession Limits: Five (5) cottontails or snowshoe hares per day, with a total of fifteen (15) in possession at any time, straight or mixed bag.


SEASON DATES: Sept. 1, 2006 - Mar. 15, 2007; Sept. 1, 2007 - Mar. 15, 2008; Sept. 1, 2008 - Mar. 15, 2009.


CROWS


Bag and Possession Limits: No limit.


SEASON DATES: Oct. 1, 2006 - Jan. 31, 2007; Oct. 1, 2007 - Jan. 31, 2008; Oct. 1, 2008 - Jan. 31, 2009.


JACKRABBIT


Season closed statewide.


PTARMIGAN, SAGE, AND SHARP-TAILED GROUSE


Season closed statewide.


WILD TURKEY:


YOUTH SEASON


LEGAL BIRD: Gobblers and turkeys with visible beards only.


SEASON DATES: April 7-8, 2007; April 5-6, 2008; April 4-5, 2009.


SPRING SEASON


LEGAL BIRD: Gobblers and turkeys with visible beards only.


SEASON DATES: April 15 - May 31, 2007, 2008, 2009.


EARLY FALL GENERAL SEASON


LEGAL BIRD: Either sex.


LEGAL HUNTER: Open to all hunters with a valid turkey tag.


OPEN AREA: GMUs 101-124.


SEASON DATES: Sept. 23 - Oct. 6, 2006; Sept. 22 - Oct. 5, 2007; Sept. 27 - Oct. 3, 2008.


EARLY FALL PERMIT SEASON


LEGAL BIRD: Either sex.


LEGAL HUNTER: All hunters who are selected in the early fall turkey special permit drawing and who possess a valid turkey tag.


OPEN AREA: GMUs 127, 133, 145-186, 382, 388, 568-578.


SEASON DATES: Sept. 23 - Oct. 6, 2006; Sept. 22 - Oct. 5, 2007; Sept. 27 - Oct. 3, 2008.

Permit Area Number of Permits
GMU 127 150
GMU 133 200
GMUs 149-163 200
GMUs 145, 172-186 100
GMUs 382, 388, 568-578 75

LATE FALL PERMIT SEASON


LEGAL BIRD: Either sex.


LEGAL HUNTER: All hunters who are selected in the special late fall turkey permit drawing and who possess a valid turkey tag.


OPEN AREA: GMUs 101-124.


SEASON DATES: Nov. 20 - Dec. 15, 2006, 2007, 2008.


PERMITS: 800.


HUNTER EDUCATION INSTRUCTOR INCENTIVE PERMITS


LEGAL BIRD: Gobblers and turkeys with visible beards only.


LEGAL HUNTER: Qualified hunter education instructors who are selected through a random drawing. Qualifying hunter education instructors must be certified and have been in active status for a minimum of three consecutive years, inclusive of the year prior to the permit drawing. Instructors who are drawn, accept a permit, and are able to participate in the hunt, will not be eligible for these incentive permits for a period of ten years thereafter.


OPEN AREA: Statewide.


SEASON DATES: April 1 - May 31, 2007, 2008, 2009.


PERMITS: 2.


OFFICIAL HUNTING HOURS/BAG LIMITS FOR WILD TURKEY:


SPRING SEASON BAG LIMIT: The combined spring season limit is three (3) birds. Only two (2) turkeys may be killed in Eastern Washington, except only one (1) may be killed in Chelan, Kittitas, or Yakima counties. One (1) turkey may be killed per year in Western Washington outside of Klickitat County. Two (2) turkeys may be killed in Klickitat County.


EARLY FALL SEASON BAG LIMIT: One (1) turkey during the early fall hunting seasons combined.


LATE FALL PERMIT SEASON BAG LIMIT: One (1) turkey during the late fall permit season.


HUNTING HOURS: One-half hour before sunrise to sunset during spring and fall seasons.


SPECIAL REGULATIONS FOR WILD TURKEY:


1. Turkey season is open for shotgun, archery, and muzzleloader shotgun.

2. A turkey tag is required for hunting turkey.

3. It is unlawful to use dogs to hunt turkeys.

4. It is unlawful to bait game birds.


EASTERN WASHINGTON SEASONS:


RING-NECKED PHEASANT


Bag and Possession Limits: Three (3) cock pheasants per day, with a total of fifteen (15) cock pheasants in possession at any time.


YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


REGULAR SEASON DATES: Oct. 21, 2006 - Jan 15, 2007; Oct. 20, 2007 - Jan. 21, 2008; Oct. 18, 2008 - Jan. 19, 2009.


The director is authorized to close the pheasant season on an emergency basis as conditions warrant, consistent with RCW 34.05.350 and 77.12.150.


CHUKAR


Bag and Possession Limits: Six (6) chukar per day, with a total of eighteen (18) chukar in possession at any time.


YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6, 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009.


GRAY (HUNGARIAN) PARTRIDGE


Bag and Possession Limits: Six (6) gray partridges per day, with a total of eighteen (18) gray partridges in possession at any time.


YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6, 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009.


MOUNTAIN QUAIL


Season closed throughout Eastern Washington.


CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE


Bag and Possession Limits: Ten (10) quail per day, with a total of thirty (30) quail in possession at any time, straight or mixed bag.


YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


REGULAR SEASON DATES: Oct. 7, 2006 - Jan 15, 2007; Oct. 6, 2007 - Jan. 21, 2008; Oct. 4, 2008 - Jan. 19, 2009.


WESTERN WASHINGTON SEASONS:


RING-NECKED PHEASANT


Bag and Possession Limits: Two (2) pheasants of either sex per day, with a total of fifteen (15) pheasants in possession at any time.


YOUTH SEASON DATES: Sept. 23 and 24, 2006; Sept. 22 and 23, 2007; Sept. 20 and 21, 2008. Open only to youth hunters accompanied by an adult at least 18 years old.


HUNTERS SIXTY-FIVE YEARS OF AGE OR OLDER SEASON DATES: Sept. 25-29, 2006; Sept. 24-28 - 2007; Sept. 22-26, 2008.


REGULAR SEASON DATES: Sept. 30 - Nov. 30, 2006; Sept. 29 - Nov. 30, 2007; Sept. 27 - Nov. 30, 2008. 8 a.m. to 4 p.m.; EXCEPT Dungeness Recreation Area Site (Clallam County) starting Oct. 7, 2006; Oct. 6, 2007; Oct. 4, 2008.


EXTENDED SEASON DATES: Dec. 1-15, 2006, 2007, 2008. 8 a.m. to 4 p.m. only on the following release sites: Belfair, Fort Lewis, Kosmos, Lincoln Creek, Scatter Creek, Skookumchuck, and all Whidbey Island release sites EXCEPT Bayview. Pheasants will not be released during the extended season.


A Western Washington Pheasant Permit is required to hunt pheasant in Western Washington, in addition to a current small game hunting license. Pheasant kills must be recorded. Upon taking a pheasant, the holder of a Western Washington Pheasant Permit must immediately enter on the corresponding space the date and location of kill.


There are three license options available:


     (1) Full Season Option: Allows the harvest of eight (8) pheasants.

     (2) Youth Option: Allows the harvest of eight (8) pheasants by youth hunters.

     (3) 3-Day Option: Allows the harvest of four (4) pheasants harvested over three consecutive days.


Every person possessing a Western Washington Pheasant Permit must, by December 31, return the permit to the department of fish and wildlife. The number of permits purchased per year is not limited.


A hunter shall select one valid option at the time they purchase their Western Washington Pheasant Permit. It is unlawful to purchase an additional permit until the pheasants allowed on the current permit are taken.


SPECIAL RESTRICTION: Western Washington pheasant hunters must choose to hunt on either odd-numbered or even-numbered weekend days from 8:00 - 10:00 a.m. at all units of Lake Terrell, Tennant Lake, Snoqualmie, Skagit, Skookumchuck, and Scatter Creek Wildlife Areas, all hunting sites on Whidbey Island, and at the Dungeness Recreation Area, and must indicate their choice on the Western Washington Pheasant Permit by choosing "odd" or "even." Hunters who select the three day option, hunters 65 years of age or older, and youth hunters may hunt during either weekend day morning. Youth hunters must be accompanied by an adult at least 18 years old who must have an appropriately marked pheasant permit if hunting.


MOUNTAIN QUAIL


Bag and Possession Limits: Two (2) mountain quail per day, with a total of four (4) mountain quail in possession at any time.


SEASON DATES: Oct. 7 - Nov. 30, 2006; Oct. 6 - Nov. 30, 2007; Oct. 4 - Nov. 30, 2008.


CALIFORNIA (VALLEY) QUAIL AND NORTHERN BOBWHITE


Bag and Possession Limits: Ten (10) California (valley) quail or northern bobwhite per day, with a total of thirty (30) California (valley) quail or northern bobwhite in possession at any time, straight or mixed bag.


SEASON DATES: Oct. 7 - Nov. 30, 2006; Oct. 6 - Nov. 30, 2007; Oct. 4 - Nov. 30, 2008.


FALCONRY SEASONS:


UPLAND GAME BIRD AND FOREST GROUSE - FALCONRY


Bag and Possession Limits: Two (2) pheasants (either sex), six (6) partridge, five (5) California (valley) quail or northern bobwhite, two (2) mountain quail (in Western Washington only), and three (3) forest grouse (blue, ruffed, spruce) per day. Possession limit is twice the daily bag limit.


OPEN AREA: Statewide.


SEASON DATES: Aug. 1, 2006 - Mar. 15, 2007; Aug. 1, 2007 - Mar. 15, 2008; Aug. 1, 2008 - Mar. 15, 2009.


TURKEY - FALCONRY


A turkey tag is required to hunt turkey during the turkey falconry season.


Bag and Possession Limits: One (1) turkey (either sex) per turkey tag with a maximum of two (2) turkeys. Possession limit: Two (2).


OPEN AREA: Eastern Washington.


SEASON DATES: Sept. 1, 2006 - Feb. 15, 2007; Sept. 1, 2007 - Feb. 15, 2008; Sept. 1, 2008 - Feb. 15, 2009.


MOURNING DOVE - FALCONRY


Bag and Possession Limits: Three (3) mourning doves per day straight bag or mixed bag with snipe, coots, ducks, and geese during established seasons. Possession limit is twice the daily limit.


OPEN AREA: Statewide.


SEASON DATES: Sept. 1-15 and Oct. 1 - Dec. 31, 2006, 2007, 2008.


COTTONTAIL AND SNOWSHOE HARE - FALCONRY


Bag and Possession Limits: Five (5) cottontails or snowshoe hares per day, straight or mixed bag. Possession limit: Fifteen (15).


OPEN AREA: Statewide.


SEASON DATES: Aug. 1, 2006 - Mar. 15, 2007; Aug. 1, 2007 - Mar. 15, 2008; Aug. 1, 2008 - Mar. 15, 2009.


OTHER SEASONS:


CANADA GOOSE SEPTEMBER SEASON


Bag and Possession Limits: Western Washington, except Cowlitz and Wahkiakum counties and that part of Clark County north of the Washougal River: Five (5) Canada geese per day with a total of ten (10) in possession at any time.


Cowlitz and Wahkiakum counties and that part of Clark County north of the Washougal River: Three (3) Canada geese per day with a total of six (6) in possession at any time.


Eastern Washington: Three (3) Canada geese per day with a total of six (6) in possession at any time.


WESTERN WASHINGTON SEASON DATES: Sept. 9-14, 2006; Sept. 8-13, 2007; Sept. 6-11, 2008. EXCEPT Pacific and Grays Harbor counties: Sept. 1-15, 2006, 2007, and 2008.


EASTERN WASHINGTON SEASON DATES: Sept. 9-10, 2006; Sept. 8-9, 2007; Sept. 6-7, 2008.


MOURNING DOVE


Bag and Possession Limits: Ten (10) mourning doves per day with a total of twenty (20) mourning doves in possession at any time.


OPEN AREA: Statewide.


SEASON DATES: Sept. 1-15, 2006, 2007, 2008.


HIP REQUIREMENTS:


All hunters age 16 and over of migratory game birds (duck, goose, coot, snipe, mourning dove) are required to complete a Harvest Information Program (HIP) survey at a license dealer, and possess a Washington Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds. Youth hunters are required to complete a HIP survey, and possess a free Washington Youth Migratory Bird validation as evidence of compliance with this requirement when hunting migratory game birds.


BAND-TAILED PIGEON


Bag and Possession Limits: Two (2) band-tailed pigeons per day with a total of four (4) band-tailed pigeons in possession at one time.


OPEN AREA: Statewide.


SEASON DATES: Sept. 15-23, 2006, 2007, 2008.


WRITTEN AUTHORIZATION REQUIRED TO HUNT BAND-TAILED PIGEONS.


All persons hunting band-tailed pigeons in this season are required to obtain a written authorization and harvest report from the Washington department of fish and wildlife. Application forms must be delivered to a department of fish and wildlife office no later than August 25 or postmarked on or before August 25 in order for applicants to be mailed an authorization before the season starts. Immediately after taking a band-tailed pigeon into possession, hunters must record in ink the information required on the harvest report. By October 15, hunters must return the harvest report to a department of fish and wildlife office, or report harvest information on the department's internet reporting system. Hunters failing to comply with reporting requirements will be ineligible to participate in the following band-tailed pigeon season.


BIRD DOG TRAINING SEASON


Wild upland game birds may be pursued during the dog-training season, but may not be killed except during established hunting seasons. A small game license is required to train dogs on wild game birds. A small game license and a Western Washington Pheasant Permit is required to train dogs on pheasants in Western Washington. Captive raised game birds may be released and killed during dog training if proof of lawful acquisition (invoices) are in possession and the birds are appropriately marked (WAC 232-12-271 and 232-12-044).


OPEN AREA: Statewide.


SEASON DATES: Aug. 1, 2006 - Mar. 31, 2007; Aug. 1, 2007 - Mar. 31, 2008; Aug. 1, 2008 - Mar. 31, 2009.


Only youth and seniors may train dogs during their respective seasons on designated Western Washington pheasant release sites.


Bird dog training may be conducted year round on areas posted for bird dog training on portions of: Region One - Espanola (T24N, R40E, E 1/2 of section 16); Region Three - South L. T. Murray Wildlife Area; Region Four - Skagit Wildlife Area, Lake Terrell Wildlife Area, and Snoqualmie Wildlife Area; Region Five - Shillapoo/Vancouver Lake Wildlife Area; Region Six - Scatter Creek Wildlife Area, Fort Lewis Military Base.


HOUND HUNTING DURING DEER AND ELK HUNTING SEASONS


It is unlawful to hunt any wildlife at night or wild animals with dogs (hounds) during the months of September, October, or November in any area open to a modern firearm deer or elk season. The use of hounds to hunt black bear, cougar (EXCEPT by public safety cougar removal permit (WAC 232-12-243) or a commission authorized hound permit (WAC 232-28-285)), and bobcat is prohibited year round.


YAKAMA INDIAN RESERVATION:


The 2006-07, 2007-08, 2008-09 upland bird seasons within the Yakama Indian Reservation shall be the same as the season established by the Yakama Indian Nation.


COLVILLE INDIAN RESERVATION:


The 2006-07, 2007-08, 2008-09 upland bird seasons within the Colville Indian Reservation shall be the same as the season established by the Colville Indian Tribe.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective June 1, 2006:


WAC 232-28-341 2003-04, 2004-05, 2005-06 Small game seasons.

© Washington State Code Reviser's Office