PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending WAC 232-28-285 Pilot cougar hunting with the aid of dogs, 232-28-272 2006-2007, 2007-2008, 2008-2009 Black bear and cougar hunting seasons and regulations, 232-12-243 Public safety cougar removals and 232-16-800 Johnson Debay's Slough Game Reserve; adopting WAC 232-28-432 2008-09 Migratory waterfowl regulations and seasons; and repealing WAC 232-28-431 2007-08 Migratory waterfowl regulations and seasons.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-431; and amending WAC 232-28-285, 232-28-272, 232-12-243, and 232-16-800.
Statutory Authority for Adoption: RCW 77.12.047, 77.12.040, 77.12.020, 77.12.570, 77.12.210.
Adopted under notice filed as WSR 08-12-106 on June 4, 2008, and WSR 08-14-078 on June 26, 2008.
Changes Other than Editing from Proposed to Adopted Version: WAC 232-28-285 Pilot cougar hunting seasons with the aid of dogs.
Changes, if any, from the text of the proposed rule and reasons for difference:
| ▪ | Consistent with commission intent in changing subsection (6)(a) revert to the original definition of dog owner means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar. |
| ▪ | Under subsection (1) add Klickitat to the list of counties. This corrects a typographical error. |
| ▪ | Under hunt area table[:] |
| • | In the East Cascades South CMU row, change the total quota from "TBD" to "6." |
| • | In the East Cascades South CMU row, change the female quota from "TBD" to "2." |
| ▪ | Reinsert the previous language under subsection (6)(a) to require that individuals own dogs as an alternative to the deleted language under subsection (8)(d). The reason for this change is to ensure that this hunt is not perceived as a "trophy hunt." |
| ▪ | Under subsection (8)(d) strike the language "dog handlers may not receive payment for their services." The reason for this change is because the commission does not have the authority to restrict payment. |
WAC 232-28-272 2006-2007, 2007-2008, 2008-2009 Black bear and cougar hunting seasons and regulations.
Changes, if any, from the text of the proposed rule and reasons for difference:
| ▪ | In the East Cascades South B unit, change the hunt season from "Aug. 1 - Nov. 30" to "Oct. 11 - Nov. 19, 2008." |
| ▪ | Add East Cascades South C unit: |
| • | Season: "Sept. 1 - Nov. 30." |
| • | Hunt area: "GMUs 382, 388, 578 within Klickitat County." |
| • | Special restrictions: "Archery deer or elk hunters and muzzleloader deer or elk hunters who posses [possess] a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag." |
| ▪ | Change East Cascades C to East Cascades South C. This corrects a typographical error. |
WAC 232-28-432 2008-09 Migratory waterfowl regulations and seasons.
Changes, if any, from the text of the proposed rule and reasons for difference:
| ▪ | Under duck season bag limits, reduce scaup bag limits from 3/6 to 2/4, reduce scaup season length from one hundred seven to eighty-six days, and close the canvasback season. These changes are necessary to comply with recent federal framework changes based on survey information and harvest strategies for these species. |
| ▪ | Under Ridgefield NWR goose season in Goose Management Area 2, change opening season date from November 11 to November 13 and extend the season by 3 days in late January. Ridgefield NWR requested these changes, which will avoid opening the season on a federal holiday and provide additional public hunting opportunity. |
| ▪ | Under Goose Management Area 2, change requirements for closures, hunting authorizations, and checking of birds at check stations to include all goose species, rather than just Canada geese. These changes were made to provide more consistency with seasons in Oregon and reduce regulation complexity. |
WAC 232-16-800 Johnson Debay's Slough Game Reserve.
Changes, if any, from the text of the proposed rule and reasons for difference: Based on public input, adjust the northern reserve boundary along the Skagit River to exclude parts of two privately owned parcels and a small WDFW parcel. These lands are not believed to be critical to the function of the reserve in providing an undisturbed winter use area for wintering swans.
A final cost-benefit analysis is available by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.
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 4, 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: August 13, 2008.
Susan Yeager
for Jerry Gutzwiler, Chair
Fish and Wildlife Commission
OTS-1669.1
AMENDATORY SECTION(Amending Order 04-284, filed 10/14/04,
effective 11/14/04)
WAC 232-12-243
Public safety cougar removals.
(1)
Definitions:
As used in this section and in the context of public safety cougar removals, the following definitions apply:
(a) "Confirmed" means qualified department staff is led to believe a cougar(s) was at the scene of the incident by interview of the complainant or observation of evidence at the scene.
(b) "Human-cougar safety incident" means aggressive or unusual behavior by a cougar which presents an actual or perceived threat to an individual.
(c) "Livestock or pet depredation" means incidents where livestock and/or pets are killed and/or injured by cougar.
(d) "Marginal cougar habitat" means those areas usually dominated by urban/suburban, developed lands with relatively high human densities.
(e) "Nuisance activity" means incidents associated with property disturbance, property damage, or livestock/pet harassment.
(f) "Preferred cougar habitat" means those areas usually dominated by rural, undeveloped lands with relatively low human densities.
(g) "Public safety need" means there exists a reasonable threat to human safety or property by one or more cougar, as indicated by the level of confirmed human-cougar safety incidents or livestock/pet depredations, and confirmed cougar sightings or nuisance activities.
(h) "Removal" means the act of killing one or more cougar with the aid of dogs.
(i) "Sighting" means a direct observation of one or more cougar, in urban or rural settings, near individuals or residences; typically more than chance observations.
(j) "Human-cougar interaction" means a human-cougar safety incident, livestock or pet depredation, cougar nuisance activity, or cougar sighting event.
(k) "Dog hunter" means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.
(2) Public safety cougar removal authorization: The commission authorizes the director to issue public safety cougar removal permits consistent with this rule. Prior to issuing public safety cougar removal permits, the department shall use other practical alternatives to address a public safety need, including livestock or pet depredations. Other practical alternatives may include, but are not limited to, general cougar hunting seasons, general public information, educational programs, information to recreational hunters, cougar depredation/kill permits, and department capture and relocation/euthanasia of specific cougars.
(3) Public safety cougar removal criteria:
(a) The commission determines that when the above practical alternatives have been utilized within a game management unit, eleven confirmed human-cougar interactions per year, of which at least four must be confirmed human-cougar safety incidents or livestock/pet depredations, therein demonstrating that the practical alternatives have been inadequate to address the public safety need. The director then is authorized by the commission to remove one or more cougar, with the aid of dogs, in a selected area of that game management unit or nearby geographic area suitable for the use of dogs. The commission authorizes the director to remove one cougar per one hundred twenty square kilometers of complaint area in preferred cougar habitat, and one cougar per four hundred thirty square kilometers of complaint area in marginal cougar habitat.
(b) If warranted by conditions of this rule, public
safety cougar removal(s) will be conducted annually between
December 1st and March 15th in selected areas of game
management units designated by the director to address a
public safety need presented by one or more cougar, except in
game management units in ((Chelan, Okanogan, Ferry, Stevens,
and Pend Oreille)) counties where cougars will be removed to
address public safety and protection of property with pilot
cougar hunting seasons with the aid of dogs authorized under
WAC 232-28-285.
(c) The department shall not target more than one hundred nine cougar during a public safety cougar removal period unless otherwise authorized by the commission.
(4) Public safety cougar removal permit issuance procedure.
(a) To participate in a public safety cougar removal, individuals must request that his/her name be placed on a list of available participants (participant list) by mailing their request to Washington Department of Fish and Wildlife, Enforcement Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA 98501-1091. The request must include the individual's name, address, phone number, and game management units being applied for. Individuals may apply for no more than four game management units. An individual's request to be placed on a participant list for a removal period must be postmarked no later than October 1, or be received at the department's Olympia office no later than 5:00 p.m. on October 1, during the year the removal period begins.
(b) To be eligible for a public safety cougar removal permit (permit), the participant must be a Washington resident dog hunter who, at the time of application for a permit, possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a public safety cougar removal.
(c) Individuals eligible for participation in a public safety cougar removal will be randomly selected from the participant list. The department will issue a permit to the person whose name is selected from the participant list. Individuals selected will be notified by telephone or mail. Individuals selected must contact the department's enforcement program in Olympia and accept the public safety cougar removal permit within fifteen days of being notified. Failure to contact the department will result in forfeit of the permit and the individual will be placed on the participant list for later selections. Permits may not be sold or reassigned.
(d) Permit holders and all individuals who will accompany the permit holder must complete the department's public safety cougar removal education course prior to participating in a public safety cougar removal.
(5) Public safety cougar removals: Quota system and participation in cougar removal.
(a) Public safety cougar removals will be based on a quota system, where permit holders may hunt cougar until the allotted numbers of cougar have been killed from each game management unit or March 15, whichever is first.
(b) Permit holders who harvest a cougar before January 15 may continue hunting for a second cougar with dogs. The permit holder must purchase an additional cougar transport tag to hunt and harvest one additional cougar and the permit holder will be issued a second permit. Permit holders who harvest a cougar after January 15 are not eligible to harvest a second cougar with dogs.
(c) To verify if the cougar removal season is open or closed in each game management unit, the permit holders shall notify the department's enforcement program in Olympia within twenty-four hours prior to exercising a public safety cougar removal permit.
(d) No more than four total individuals may participate per public safety cougar removal, including the permit holder(s). Only the permit holder, whose name appears on the permit, may take a cougar.
(e) Hunters killing a cougar during a public safety cougar removal must notify the department's enforcement program in Olympia within twenty-four hours after harvesting the cougar.
(f) The department reserves the right to accompany permit holders while participating in a public safety cougar removal.
(6) Public safety cougar removal general requirements.
(a) A valid big game hunting license which includes cougar as a species option is required to hunt cougar. One cougar transport tag is included with a big game license that has cougar as a species option. A second cougar transport tag must be purchased to take a second cougar. Individuals may participate in multiple public safety cougar removals, but must purchase a cougar transport tag for each cougar removed. Purchases in excess of two cougar transport tags must be made at department offices.
(b) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens. Individuals selected for a public safety cougar removal permit may take one cougar per permit.
(c) Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting cougar. The use of dogs to hunt cougar is prohibited except during a public safety cougar removal.
(d) Any person who takes a cougar must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar must be sealed by an authorized department employee within seventy-two hours of the notification of kill. Any person who takes a cougar must present the cougar skull, in such a manner that teeth and biological samples can be extracted, to an authorized department employee at the time of sealing.
(e) The public safety cougar removal permit (permit) belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
[Statutory Authority: RCW 77.12.047. 04-21-036 (Order 04-284), § 232-12-243, filed 10/14/04, effective 11/14/04; 03-17-037 (Order 03-186), § 232-12-243, filed 8/14/03, effective 9/14/03; 02-17-013 (Order 02-183), § 232-12-243, filed 8/9/02, effective 9/9/02; 01-20-011 (Order 01-198), § 232-12-243, filed 9/20/01, effective 10/21/01.]
OTS-1670.2
AMENDATORY SECTION(Amending Order 98-155, filed 8/13/98,
effective 9/13/98)
WAC 232-16-800
Johnson/Debay's Slough Game Reserve.
In
Skagit County, beginning at the intersection of Francis Road
and Debay's Slough Road; then south and west along Francis
Road (3090 feet) to white corner marker; then north (1265
feet) to the middle of Debay's Slough (white corner marker);
then westerly (2087 feet) along the channel of Debay's Slough
to the western tip of the farmed portion of Debay's Island;
then northerly (1485 feet) to the south bank of the Skagit
River (white corner marker); then easterly (((1600)) 2200
feet) along the south bank of the Skagit River to fence line
(white corner marker); then south along fence line (((855))
150 feet) to corner post; then ((east)) southeast 1050 feet to
fence line; then east 1090 feet along fence line (((435
feet))) to fence intersection; then south (300 feet) along
fence line to existing tree line (white corner marker); then
continue south (835 feet) to south shoreline of Debay's Slough
(white corner marker); then easterly and southerly along the
west shoreline of Debay's Slough (1770 feet) to the south side
of Debay's Slough Road (white corner marker); then east along
the south side of Debay's Slough Road to the intersection of
Francis Road and the point of beginning.
[Statutory Authority: RCW 77.12.040. 98-17-041 (Order 98-155), § 232-16-800, filed 8/13/98, effective 9/13/98; 97-18-025 (Order 97-162), § 232-16-800, filed 8/25/97, effective 9/25/97.]
OTS-1671.3
AMENDATORY SECTION(Amending Order 06-92, filed 5/8/06,
effective 6/8/06)
WAC 232-28-272
2006-2007, 2007-2008, and 2008-2009 Black
bear and cougar hunting seasons and regulations.
2006-2008 Fall Black Bear Seasons:
| Black Bear Management Unit | Season | Hunt Area |
| Coastal | Aug. 1 - Nov. 15 | GMUs 501, 504, 506, 530, 601, 602, 603, 607-621, 636-651, 658-663, 672-684 |
| Puget Sound | Aug. 1 - Nov. 15 | GMUs 407, 410, 454, 624, 627, 633, 652, 666, 667 |
| North Cascades | Aug. 1 - Nov. 15 | GMUs 418-450, 460 |
| South Cascades | Aug. 1 - Nov. 15 | GMUs 466, 485, 503, 505, 510-520, 524, 550-574, 653, 654 |
| Okanogan | Aug. 1 - Nov. 15 | GMUs 203, 209-243 |
| East Cascades | Aug. 1 - Nov. 15 | GMUs 244-247, 249-251, 328, 329-368, 382, 388, 578 |
| Northeastern A | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 101-117 |
| Northeastern B | Aug. 1 - Nov. 15 | GMUs 121-130, 204 |
| Blue Mountains | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMUs 145-154, 162-186 |
| Columbia Basin | Aug. 1 - Nov. 15 | GMUs 133, 136, 139, 142, 248, 254, 260-290, 371-381 |
| Long Island | Sept. 5 - Nov. 15,
2006 Sept. 4 - Nov. 15, 2007 Sept. 2 - Nov. 15, 2008 |
GMU 699 |
Bag Limit: Two (2) black bear per annual hunting season only
one of which may be taken in Eastern Washington.
Area Restriction: Special deer permit required to hunt black
bear in GMU 485.
Requirements for Fall Black Bear Seasons:
License Required: A valid big game hunting license, which
includes black bear as a species option, is required to hunt
black bear. One black bear transport tag is included with a
big game hunting license that has black bear as a species
option. A second black bear transport tag must be purchased
to take a second bear.
Hunting Method: Hunters may use any lawful big game modern firearm, archery, or muzzleloader equipment for hunting black bear. The use of hounds and bait to hunt black bear is prohibited statewide.
Submitting Bear Teeth: Successful bear hunters must submit
the black bear premolar tooth located behind the canine tooth
of the upper jaw.
2006-2007, 2007-2008, and 2008-2009 Cougar Seasons:
| Unit | Season | Hunt Area | Special Restrictions |
| Coastal | Aug. 1 - Mar. 15 | GMUs 501, 504, 506, 530, 601-621, 636-651, 658-663, 672-684, 699 | Any legal weapon |
| Puget Sound | Aug. 1 - Mar. 15 | GMUs 407, 410, 454, 624-633, 652, 666 | Any legal weapon |
| North Cascades |
Aug. 1 - Mar. 15 | GMUs 418, 426, 437, 448, 450, 460, 466, 485 | Any legal weapon |
| South Cascades |
Aug. 1 - Mar. 15 | GMUs 503, 505, 510-520, 524, 550-574, 653, 654, 667 | Any legal weapon |
| East Cascades North A |
Aug. 1 - Mar. 15 | GMUs 328, 329, 334-340 | Any legal weapon |
| East Cascades North B |
Oct. 14 - Nov. 19,
2006 Oct. 13 - Nov. 19, 2007 Oct. 11 - Nov. 19, 2008 |
GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Any legal weapon |
| East Cascades North C |
Sept. 1 - Nov. 30 | GMUs 203, 209-247, 249-251 within Chelan or Okanogan counties | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| East Cascades South A |
Aug. 1 - Mar. 15 | GMUs 342-368(( |
Any legal weapon |
| East Cascades South B |
Oct. 11 - Nov. 19, 2008 | GMUs 382, 388, 578 within Klickitat County | Any legal weapon |
| East Cascades South C |
Sept. 1 - Nov. 30 | GMUs 382, 388, 578 within Klickitat County | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| Northeastern A | Aug. 1 - Mar. 15 | GMUs 124-133 | Any legal weapon |
| Northeastern B | Oct. 14 - Nov. 19,
2006 Oct. 13 - Nov. 19, 2007 Oct. 11 - Nov. 19, 2008 |
GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Any legal weapon |
| Northeastern C | Sept. 1 - Nov. 30 | GMUs 101-121 within Ferry, Stevens, or Pend Oreille counties, 204 | Archery deer or elk hunters and muzzleloader deer or elk hunters who possess a valid big game license that includes cougar as a species option may hunt for cougar without the aid of dogs during their respective deer or elk seasons and must use equipment consistent with their deer or elk tag. |
| Blue Mountains |
Aug. 1 - Mar. 15 | GMUs 145-154, 162-186 | Any legal weapon |
| Columbia Basin |
Aug. 1 - Mar. 15 | GMUs 136-142, 248, 254-290, 330, 371-381 | Any legal weapon |
Requirements for Cougar Seasons:
License Required: A valid big game hunting license which
includes cougar as a species option is required to hunt
cougar.
Bag Limit: Two (2) cougar per license year excluding public
safety cougar removals. It is unlawful to kill or possess
spotted cougar kittens or adult cougars accompanied by spotted
kittens.
Area Restriction: Special deer permit required to hunt cougar
in GMU 485.
Tag Information: One cougar transport tag is included with a
big game license that has cougar as a species option. A
second cougar transport tag must be purchased to take a second
cougar.
Hunting Method: Hunters may use any lawful big game modern
firearm, archery, or muzzleloader equipment for hunting
cougar. The use of hounds to hunt cougar is prohibited except
by a public safety cougar removal permit (WAC 232-12-243) or
commission authorized hound permit (WAC 232-28-285).
Cougar Pelt Sealing: Any person who takes a cougar must
comply with the sealing requirements in WAC 232-12-024.
[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), § 232-28-272, filed 5/8/06, effective 6/8/06; 04-21-036 (Order 04-284), § 232-28-272, filed 10/14/04, effective 11/14/04. Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-28-272, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-13-047 (Order 03-129), § 232-28-272, filed 6/12/03, effective 7/13/03; 01-20-011 (Order 01-198), § 232-28-272, filed 9/20/01, effective 10/21/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-28-272, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.047. 00-21-038 (Order 00-215), § 232-28-272, filed 10/12/00, effective 11/12/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-28-272, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-01-138 (Order 98-249), § 232-28-272, filed 12/22/98, effective 1/22/99; 98-10-008 (Order 98-57), § 232-28-272, filed 4/22/98, effective 5/23/98.]
OTS-1672.5
AMENDATORY SECTION(Amending Order 07-273, filed 11/6/07,
effective 12/7/07)
WAC 232-28-285
((2007-2008)) 2008-2009 Pilot cougar
hunting seasons with the aid of dogs.
As used in this section
and in the context of pilot cougar hunting seasons, the
following definitions apply:
"Accompany" means the dog handler and permit hunter must be in the physical presence of each other at the time dogs are released from a leash or unrestrained or starting a cougar track.
"Pursue" or "pursuit" means dogs are:
• Not on a leash or restrained; or
• Starting a cougar track; or
• In the act of tracking a cougar; or
• At a treed cougar.
Transporting dogs in a motorized vehicle or walking a dog on a leash is not pursuit.
"Dog owner" means a person that owns and hunts with dogs that are capable of detecting, tracking and treeing a cougar.
"Quota" means the targeted harvest goal. The actual harvest level may exceed the quota.
"Kill permit" allows a hunter to pursue or kill cougar.
"Pursuit permit" allows a hunter to pursue cougar.
(1) The pilot cougar-hunting season will allow use of dogs to hunt cougar. The hunts will consist of pursuit-or-kill seasons and pursuit-only seasons, and are allowed only in Klickitat, Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties.
(2) Pursuit-or-kill seasons:
Cougar may be pursued or killed with the aid of dogs from
December 1, ((2007)) 2008, until the female zone quota has
been killed, the total zone quota has been killed, or March
31, ((2008)) 2009, whichever occurs first; EXCEPT GMUs 101 and
204 where cougar may be pursued or killed from January 1,
((2008)) 2009, until the female zone quota has been killed,
the total zone quota has been killed, or March 31, ((2008))
2009, whichever occurs first.
(3) Pursuit-only seasons:
(a) If a zone quota is killed prior to March 31, ((2008))
2009, cougar may be pursued with dogs in all or portions of
that zone until March 31, ((2008)) 2009. Hunters may only
pursue cougars in designated pursuit only areas identified on
their kill or pursuit-only permit. Hunters may not kill
cougar during pursuit-only seasons.
(b) Hunters selected for the pursuit-or-kill season
(accompanied by up to three of their identified handlers) may
participate in a pursuit-only season. Permit hunters that
harvest a cougar under a kill permit may continue to pursue
cougars until March 31. If a zone quota is killed, the
department ((will)) may also issue pursuit-only permit to
hunters drawn at random from the unselected pool of
applicants. The director will identify the number of
pursuit-only hunters selected.
(4) Hunt areas and kill quotas:
Cougar seasons will be based on a quota system, where
permit hunters using dogs may hunt and kill cougar until the
allotted numbers of cougar have been killed from each hunt
zone or March 31, ((2008)) 2009, whichever occurs first.
(a) Kill quotas start September 1 and will include all cougar killed during seasons with and without the aid of dogs, including cougar seasons under this section, cougar seasons without the aid of dogs authorized under WAC 232-28-272, depredation permits, landowner kill permits, and WDFW depredation authority.
(b) Individual problem cougar will continue to be killed on an as-needed basis utilizing depredation permits, landowner kill permits, and WDFW depredation authority even if these kills result in exceeding a zone quota.
| QUOTA | |||||||
| CMU | Hunt Choice | Hunt Zone | Area Description | Total | Female | ||
| East Cascades North | 9001 | Okanogan | Those portions of GMUs 203, 209, 215, 218, 233, 224, 231, 239, and 242 within Okanogan County | (( |
(( |
||
| 9002 | Chelan | Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County | (( |
(( |
|||
| Northeastern | 9003 | Ferry-Okanogan | GMUs 101, 204 | (( |
(( |
||
| 9004 | Stevens-Pend Oreille | Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties | (( |
(( |
|||
| East Cascades South | 9005 | Klickitat | Those portions of GMUs 382, 388, 578 within Klickitat County | 6 | 2 | ||
Permit hunters participating in a pursuit-or-kill season must call the toll free cougar quota hotline within twenty-four hours prior to each day hunting cougar to determine if the zone quota has been killed and the zone is closed. Hunters who hunt more than one consecutive day must call the quota hotline once daily to determine if the zone quota is killed. Hunters who harvest a cougar with the aid of dogs must notify the department within twenty-four hours of kill (excluding legal state holidays) and provide the hunter's name, date and location of kill, and sex of animal. The raw pelt of a cougar, with proof of sex naturally attached, must be sealed by an authorized department employee within five days of the notification of kill. Any person who takes a cougar must present the cougar skull in such a manner that teeth and biological samples can be extracted to an authorized department employee at the time of sealing.
(6) Kill or pursuit-only permit eligibility:
(a) To apply for a kill or pursuit-only permit under this section, individuals must sign an affidavit provided by the department, certifying under penalty of false swearing under RCW 9A.72.040 that they are a dog owner. The affidavit must be mailed to WDFW by the date and time identified by the director. Individuals not registered as a dog owner will not be issued a permit.
(b) To apply for a kill or pursuit-only permit under this section, individuals must purchase a cougar permit application and submit the application in compliance with WAC 232-28-291 by a date and time identified by the director.
(c) To be eligible for a permit, the participant must be a Washington resident who at the time of application for a permit possesses a valid big game license with cougar as a species option. The permit holder must use dogs while participating in a cougar hunt under this section.
(d) A permit will not be issued to any person who has been convicted of unlawful use of dogs under RCW 77.15.245 within the five-year period prior to December 1, 2004. Any person issued a permit and who is subsequently convicted of any wildlife offense while participating in a pursuit-or-kill or pursuit-only season, or who violates any condition of the permit, will have the permit revoked and will be ineligible to participate in the remainder of the pilot program.
(7) Permit issuance procedure:
(a) The number of kill permits for a pursuit-or-kill season with the aid of dogs may be established by the director, but will not exceed two times the total cougar quota for each hunt zone.
(b) The department will issue kill or pursuit-only
permits to the persons whose applications are drawn at random.
Individuals selected will be notified by telephone or mail. ((Individuals selected must return the signed affidavit to the
department's wildlife program in Olympia within fifteen days
of being notified. Failure to return the completed affidavit
to the department will result in forfeit of the permit.)) Kill and pursuit-only permits may not be sold or reassigned.
(c) If a female zone quota or total zone quota is not
killed in a hunt zone by January 15 (or sooner as identified
by the director), then the department ((will)) may issue kill
permits to additional hunters. Hunters will be drawn at
random from the unselected pool of applicants and must be a
resident of one of the ((five)) participating counties.
(8) Qualifications for participation and requirements:
In addition to the provisions applicable to all cougar hunters:
(a) Successful applicants must complete a training program prior to participating in a pursuit-or-kill season or pursuit-only season with the aid of dogs.
(b) Participants must have their permit issued by the department in their possession while hunting cougar.
(c) Individuals selected for a kill permit may kill and
possess ((two)) one cougar per permit and only the permittee
may kill the cougar(s). ((However, a kill permit holder may
not kill a second cougar in a hunt zone until January 15 (or
sooner as identified by the director).))
(d) Individuals selected for a cougar kill or pursuit-only permit may use dog handlers. However, no more than three handlers may accompany the permittee while hunting or pursuing cougar. Dog handlers may not pursue cougar when the permit hunter is not present at the time the dogs are released from a leash or unrestrained. Dog handlers must have a dog handler identification card, issued by the department, in their possession while participating in a pursuit-or-kill season or pursuit-only season.
(e) Dog handlers must be a Washington resident and possess a valid hunting license.
(f) It is unlawful to kill or possess spotted cougar kittens or adult cougars accompanied by spotted kittens.
(g) Participants must have a vehicle placard issued by the department. The vehicle placard must be placed in the permittee's and dog handler's vehicles and be visible from outside the vehicles at all times while hunting or pursuing cougar.
(h) Kill and pursuit-only permit hunters are required to
((maintain and return to the department a pilot cougar hunting
season logbook. At the end of each day hunting cougar, the
permit hunters must record their hunting activities, including
that of their dog handlers, in their logbook. If requested by
department staff, permit hunters must provide the logbook for
inspection. Logbooks must be mailed to the department at
WDFW-Pilot Cougar Hunt, 600 Capitol Way North, Olympia, WA
98501-1091)) report their hunting activity, whether they
harvest a cougar or not, using the toll free cougar quota
hotline. Unsuccessful hunters must report their hunting
activity by April 10, ((2008)) 2009. A violation of this
requirement under this subsection is punishable as an
infraction under RCW 77.15.160.
(9) The permit belongs to the state of Washington. The permit holder may be required to return to or turn over to the department the permit when, in the judgment of the department, the permit holder violates any conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting under this permit. If the permit holder is required to return to or turn over to the department the permit, the permit holder may request an appeal of that action in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days of the date of action and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
[Statutory Authority: RCW 77.12.047. 07-22-102 (Order 07-273), § 232-28-285, filed 11/6/07, effective 12/7/07; 06-17-095 (Order 06-196), § 232-28-285, filed 8/15/06, effective 9/15/06; 05-17-098 (Order 05-174), § 232-28-285, filed 8/15/05, effective 9/15/05; 04-21-036 (Order 04-284), § 232-28-285, filed 10/14/04, effective 11/14/04.]
OTS-1674.3
NEW SECTION
WAC 232-28-432
2008-09 Migratory waterfowl seasons and
regulations.
DUCKS
Statewide
Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009; except
scaup season closed Oct. 11-31 and entire canvasback season
closed.
Special youth hunting weekend open only to hunters 15 years of
age or under (must be accompanied by an adult at least 18
years old who is not hunting): Sept. 20-21, 2008.
Daily bag limit: 7 ducks, to include not more than 2 hen
mallard, 1 pintail, 2 scaup, 2 redhead, 1 harlequin, 4 scoter,
and 4 long-tailed duck.
Possession limit: 14 ducks, to include not more than 4 hen
mallard, 2 pintail, 4 scaup, 4 redhead, 1 harlequin, 8 scoter,
and 8 long-tailed duck.
Season limit: 1 harlequin.
WRITTEN AUTHORIZATION REQUIRED TO HUNT SEA DUCKS.
All persons hunting sea ducks (harlequin, scoter, long-tailed
duck) in Western Washington are required to obtain a written
authorization and harvest report from the Washington
department of fish and wildlife. Hunters who did not possess
a 2007-08 authorization must submit an application form to
WDFW (forms available at Washington department of fish and
wildlife, Olympia and regional offices).
Immediately after taking a sea duck into possession, hunters
must record in ink the information required on the harvest
report. Return of the harvest report is mandatory. By
February 15, 2009, hunters must return the harvest report to
the Washington department of fish and wildlife, 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 2009-10 sea duck
season.
COOT (Mudhen)
Same areas, dates (including youth hunting weekend), and shooting hours as the general duck season.
Daily bag limit: 25 coots.
Possession limit: 25 coots.
COMMON SNIPE
Same areas, dates (except youth hunting weekend), and shooting
hours as the general duck season.
Daily bag limit: 8 snipe.
Possession limit: 16 snipe.
GEESE (except Brant)
Special youth hunting weekend open only to hunters 15 years of
age or under (must be accompanied by an adult at least 18
years old who is not hunting): Sept. 20-21, 2008, statewide
except Western Washington Goose Management Areas 2A and 2B.
Daily bag limit: 4 Canada geese.
Possession limit: 8 Canada geese.
Western Washington Goose Seasons
Goose Management Area 1
Island, Skagit, Snohomish counties.
Oct. 11, 2008 - Jan. 25, 2009 for snow, Ross', or blue geese.
Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese (except Brant).
Daily bag limit: 4 geese.
Possession limit: 8 geese.
WRITTEN AUTHORIZATION REQUIRED TO HUNT SNOW GEESE.
All persons hunting snow geese in this season are required to
obtain a written authorization and harvest report from the
Washington department of fish and wildlife. Hunters who did
not possess a 2007-08 authorization must submit an application
form to WDFW (forms available at Washington department of fish
and wildlife, Olympia and regional offices).
Immediately after taking a snow goose into possession, hunters
must record in ink the information required on the harvest
report. Return of the harvest report is mandatory. By
February 15, 2009, hunters must return the harvest report to
the Washington department of fish and wildlife, 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 2009-10 snow goose
season.
It is unlawful to discharge a firearm for the purpose of
hunting waterfowl within 100 feet of any paved public road on
Fir Island in Skagit County. While hunting snow geese on Fir
Island, if a hunter is convicted of 1) trespass, 2) shooting
from, across, or along the maintained part of any public
highway, 3) discharging a firearm for the purpose of hunting
waterfowl within 100 feet of any paved public road on Fir
Island in Skagit County, or 4) exceeding the daily bag limit
for snow geese, written authorization will be invalidated for
the remainder of the 2008-09 snow goose season and an
authorization will not be issued for the 2009-10 snow goose
season.
QUALITY HUNTING AREAS IN GOOSE MANAGEMENT AREA 1.
Hunters possessing written authorization to hunt snow geese in
Goose Management Area 1 can apply for a special authorization
to access private lands around Fir Island enrolled in a new
quality snow goose hunting program. Hunters must apply for
special authorization to hunt on these special areas by
September 26, 2008, using the department's internet or mail
application systems. A random drawing will select hunters for
participation, and special hunt authorizations will be mailed
prior to the season. Up to 3 individuals possessing snow
goose authorizations can hunt with the successful applicant on
each hunt day. Successful applicants must check in with the
WDFW hunt coordinator at least one week prior to their first
scheduled hunting day and all hunters must hunt over decoys.
Special authorizations are not valid for commercial uses.
Authorizations are valid for one week (only on Monday,
Tuesday, Wednesday, Friday, and Saturday) during the period
November 1, 2008 - January 25, 2009, and only on private lands
specified by the WDFW hunt coordinator. Hunters will be
assigned at random to private farms participating in the
program.
Goose Management Area 2A
Cowlitz and Wahkiakum counties, and that part of Clark County
north of the Washougal River.
Open in all areas except Ridgefield NWR from 8 a.m. to 4:00
p.m., Saturdays, Sundays, and Wednesdays only, Nov. 8-23, 2008
and Dec. 3, 2008 - Jan. 25, 2009. Ridgefield NWR open from 8
a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only,
Nov. 13-22, 2008 and Dec. 4, 2008 - Jan. 24, 2009, except
closed Nov. 27 and Dec. 25, 2008, and Jan. 1, 2009.
Bag limits for Goose Management Area 2A:
Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose and 2 cackling geese.
Possession limit: 8 geese, to include not more than 1 dusky
Canada goose and 4 cackling geese.
Season limit: 1 dusky Canada goose.
Goose Management Area 2B
Pacific County.
Open from 8 a.m. to 4:00 p.m., Saturdays and Wednesdays only,
Oct. 11, 2008 - Jan. 10, 2009.
Bag limits for Goose Management Area 2B:
Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 2 cackling geese.
Possession limit: 8 geese, to include not more than 1 dusky Canada goose, 2 Aleutian geese, and 4 cackling geese.
Season limit: 1 dusky Canada goose.
Special Provisions for Goose Management Areas 2A and 2B:
A dusky Canada goose is defined as a dark-breasted (as shown
in the Munsell color chart 10 YR, 5 or less) Canada goose with
a culmen (bill) length of 40-50 mm. A cackling goose is
defined as a goose with a culmen (bill) length of 32 mm or
less.
The goose season for Goose Management Areas 2A and 2B will be
closed early if dusky Canada goose harvests exceed area quotas
which collectively total 80 geese. The fish and wildlife
commission has authorized the director to implement emergency
area closures in accordance with the following quotas: A
total of 80 duskys, to be distributed 15 for Zone 1
(Ridgefield NWR); 25 for Zone 2 (Cowlitz County south of the
Kalama River); 20 for Zone 3 (Clark County except Ridgefield
NWR); 10 for Zone 4 (Cowlitz County north of the Kalama River
and Wahkiakum County); and 10 for Zone 5 (Pacific County).
Quotas may be shifted to other zones during the season to
optimize use of the statewide quota and minimize depredation.
Hunting is only permitted by written authorization from the
Washington department of fish and wildlife. New hunters and
those who did not maintain a valid 2007-08 authorization must
review goose identification training materials and score a
minimum of 80% on a goose identification test to receive
written authorization. Hunters who fail a test must wait 28
days before retesting, and will not be issued a reciprocal
authorization until that time.
With written authorization, hunters will receive a harvest
report. Hunters must carry the authorization card and harvest
report while hunting. Immediately after taking a Canada goose
(dusky, lesser/Taverner, cackling, or other subspecies) or
other goose into possession, hunters must record in ink the
information required on the harvest report. Hunters must go
directly to the nearest check station and have geese tagged
when leaving a hunt site, before 6:00 p.m. If a hunter takes
the season bag limit of one dusky Canada goose or does not
comply with requirements listed above regarding checking of
birds and recording harvest on the harvest report, written
authorization will be invalidated and the hunter will not be
able to hunt geese in Goose Management Areas 2A and 2B for the
remainder of the season and the special late goose season. It
is unlawful to fail to comply with all provisions listed above
for Goose Management Areas 2A and 2B.
Special Late Goose Season for Goose Management Area 2A:
Open to Washington department of fish and wildlife master
hunter program graduates and youth hunters (15 years of age or
under, who are accompanied by a master hunter) possessing a
valid 2008-09 southwest Washington goose hunting
authorization, in areas with goose damage in Goose Management
Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:
Saturdays and Wednesdays only, Feb. 7 - Mar. 10, 2009.
Daily bag limit: 4 geese, to include not more than 1 dusky
Canada goose, and 2 cackling geese.
Possession limit: 8 geese, to include not more than 1 dusky Canada goose, and 4 cackling geese.
Season limit: 1 dusky Canada goose.
A dusky Canada goose is defined as a dark-breasted Canada
goose (as shown in the Munsell color chart 10 YR, 5 or less)
with a culmen (bill) length of 40-50 mm. A cackling goose is
defined as a goose with a culmen (bill) length of 32 mm or
less.
Hunters qualifying for the season will be placed on a list for
participation in this hunt. Washington department of fish and
wildlife will assist landowners with contacting qualified
hunters to participate in damage control hunts on specific
lands incurring goose damage. Participation in this hunt will
depend on the level of damage experienced by landowners. The
special late goose season will be closed by emergency action
if the harvest of dusky Canada geese exceeds 85 for the
regular and late seasons. All provisions listed above for
Goose Management Area 2A regarding written authorization,
harvest reporting, and checking requirements also apply to the
special late season; except hunters must confirm their
participation at least 24 hours in advance by calling the
goose hunting hotline (listed on hunting authorization), and
hunters must check out by 5:00 p.m. on each hunt day
regardless of success. It is unlawful to fail to comply with
all provisions listed above for the special late season in
Goose Management Area 2A.
Goose Management Area 3
Includes all parts of Western Washington not included in Goose
Management Areas 1, 2A, and 2B.
Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009.
Daily bag limit: 4 geese.
Possession limit: 8 geese.
Eastern Washington Goose Seasons
Goose Management Area 4
Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas,
Lincoln, Okanogan, Spokane, and Walla Walla counties.
Oct. 11-13, 2008, and Saturdays, Sundays, and Wednesdays only
during Oct. 18, 2008 - Jan. 18, 2009; Nov. 11, 27, and 28,
2008; Dec. 25, 26, 29, and 30, 2008; January 1, 2009; and
every day Jan. 19-25, 2009.
Goose Management Area 5
Includes all parts of Eastern Washington not included in Goose
Management Area 4.
Oct. 11-13, 2008, every day from Oct. 18, 2008 - Jan. 25,
2009.
Bag limits for all Eastern Washington Goose Management Areas:
Daily bag limit: 4 geese.
Possession limit: 8 geese.
BRANT
Open in Skagit County only on the following dates:
Jan. 15, 17, 18, 20, 22, 24, and 25, 2009.
If the 2008-09 preseason brant population in Skagit County is
below 6,000 (as determined by the early January survey), the
brant season in Skagit County will be canceled.
Open in Pacific County only on the following dates:
Jan. 10, 11, 13, 15, 17, 18, 20, 22, 24, and 25, 2009.
WRITTEN AUTHORIZATION REQUIRED:
All hunters participating in this season are required to
obtain a written authorization and harvest report from the
Washington department of fish and wildlife. Hunters who did
not possess a 2007-08 authorization must submit an application
form to WDFW (forms available at Washington department of fish
and wildlife regional offices).
Immediately after taking a brant into possession, hunters must
record in ink the information required on the harvest report.
Return of the harvest report is mandatory. By February 15,
2009, hunters must return the harvest report to the Washington
department of fish and wildlife, 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 2009-10 brant season.
Bag limits for Skagit and Pacific counties:
Daily bag limit: 2 brant.
Possession limit: 4 brant.
SWANS
Season closed statewide.
FALCONRY SEASONS
DUCKS, COOTS, AND SNIPE (Falconry)
(Bag limits include geese and mourning doves.)
Oct. 11-15, 2008 and Oct. 18, 2008 - Jan. 25, 2009 statewide.
Daily bag limit: 3, straight or mixed bag with geese and
mourning doves during established seasons.
Possession limit: 6, straight or mixed bag with geese and
mourning doves during established seasons.
GEESE (Falconry)
(Bag limits include ducks, coot, snipe, and mourning doves.)
Goose Management Area 1: Oct. 11, 2008 - Jan. 25, 2009 for
snow, Ross', or blue geese. Oct. 11-23, 2008 and Nov. 1, 2008 - Jan. 25, 2009 for other geese.
Goose Management Area 2A: Saturdays, Sundays, and Wednesdays
only, Nov. 8-23, 2008 and Dec. 3, 2008 - Jan. 25, 2009.
Goose Management Area 2B: Saturdays and Wednesdays only, Oct.
11, 2008 - Jan. 10, 2009.
Goose Management Areas 3, 4, and 5: Oct. 11-23, 2008 and Nov.
1, 2008 - Jan. 25, 2009.
Daily bag limit for all areas: 3 geese (except brant),
straight or mixed bag with ducks, coots, snipe, and mourning
doves during established seasons.
Possession limit for all areas: 6 geese (except brant),
straight or mixed bag with ducks, coots, snipe, and mourning
doves during established seasons.
[]
OTS-1673.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 232-28-431 | 2007-08 Migratory waterfowl seasons and regulations. |