FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending WAC 232-28-285 2009-2010 Pilot cougar hunting seasons with the aid of dogs and 220-55-115 Recreational license dealer's fees.
Citation of Existing Rules Affected by this Order: Amending WAC 232-28-285 and 220-55-115.
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 09-09-133 on April 22, 2009.
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:
|•||Change the title of the WAC from WAC 232-28-285 2010 Pilot cougar hunting seasons with the aid of dogs to WAC 232-28-285 2009-2010 Pilot cougar hunting seasons with the aid of dogs.|
|•||Under subsection (2), change the opening day from January 5, 2010, to December 19, 2009. This change is in response to public testimony (original recommendation was Jan. 5, 2010 opening day).|
This change is to accommodate the ongoing cougar DNA project in the hunt zone which occurs from late November to December 31, 2009.
|•||Change the area descriptions and quota levels for Ferry-Okanogan and Stevens-Pend Oreille zones from:|
|CMU||Hunt Zone||Area Description||Total||Female|
|Northeastern||9003||Ferry-Okanogan||GMUs 101, 204||16||6|
|9004||Stevens-Pend Oreille||Those portions of GMUs 105, 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties||23||9|
|CMU||Hunt Zone||Area Description||Total||Female|
|Northeastern||9003||Ferry-Okanogan||GMUs 101, 105, 204||20||8|
|9004||Stevens-Pend Oreille||Those portions of GMUs 108, 111, 113, 117, 121 within Stevens and Pend Oreille counties||19||7|
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 firstname.lastname@example.org.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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.
Date Adopted: July 10, 2009.
Miranda Wecker, Chair
Fish and Wildlife Commission
AMENDATORY SECTION(Amending Order 04-216, filed 8/17/04, effective 9/17/04)
WAC 220-55-115 Recreational license dealer's fees. License dealers may charge a license issuance fee as follows:
(1) Two dollars for the issuance of any of the following fishing licenses:
(a) A combination license.
(b) A saltwater license.
(c) A freshwater license.
(d) A two-day temporary fishing license.
(e) A family fishing weekend license.
(f) A shellfish and seaweed license.
(g) A razor clam license.
(2) Two dollars for the issuance of any of the following hunting licenses:
(a) A big game combination license.
(b) A small game license.
(c) A three-consecutive day small game license.
(3) Two dollars for the issuance of a fish and wildlife lands vehicle use permit when issued separately from an annual freshwater, saltwater or combination fishing license, or separately from an annual small game hunting license, big game combination license, or trapping license.
(4) Notwithstanding the provisions of this section, if any two or more licenses are issued at the same time, or the fish and wildlife lands vehicle use permit is issued with any recreational license, the license issuance fee for the document is two dollars.
(5) Fifty cents for the issuance of any of the following:
(a) A deer, elk, bear, cougar, mountain goat, mountain sheep, moose, or turkey transport tag.
(b) A state of Washington migratory bird stamp.
(c) A Western Washington pheasant permit.
(d) An application for a special permit hunt.
(e) A migratory bird hunting authorization (including harvest report card).
[Statutory Authority: RCW 77.12.047. 04-17-097 (Order 04-216), § 220-55-115, filed 8/17/04, effective 9/17/04; 01-10-030 (Order 01-62), § 220-55-115, filed 4/24/01, effective 5/25/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), § 220-55-115, filed 5/24/00, effective 6/24/00. Statutory Authority: SB 5020 and RCW 75.08.090. 99-17-095 (Order 99-129), § 220-55-115, filed 8/17/99, effective 9/17/99. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 220-55-115, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-115, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-115, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-115, filed 2/4/88; 80-03-064 (Order 80-12), § 220-55-115, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-047.]
AMENDATORY SECTION(Amending Order 08-197, filed 8/13/08, effective 9/13/08)
WAC 232-28-285 ((
2008-)) 2009-2010 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
"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.
owner)) handler" means a person that owns (( and))
or 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
1, 2008)) 19, 2009, until the female zone quota has
been killed, the total zone quota has been killed, or March
31, (( 2009)) 2010, whichever occurs first; EXCEPT GMUs 101,
105, and 204 where cougar may be pursued or killed from
January 1, (( 2009)) 2010, until the female zone quota has been
killed, the total zone quota has been killed, or March 31,
(( 2009)) 2010, whichever occurs first.
(3) Pursuit-only seasons:
(a) If a zone quota is killed prior to March 31, ((
2010, cougar may be pursued with dogs in all or portions of
that zone until March 31, (( 2009)) 2010. 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 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, (( 2009)) 2010, 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 and 232-28-287, 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.
|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||17||7|
|9002||Chelan||Those portions of GMUs 243, 244, 245, 246, 247, 249, 250, and 251 within Chelan County||6||2|
|Northeastern||9003||Ferry-Okanogan||GMUs 101, 105, 204||((
|9004||Stevens-Pend Oreille||Those portions of GMUs ((
|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:
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))) (b) 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)) may use dogs
while participating in a cougar hunt under this section.
(d))) (c) 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. 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)) February 15 (or sooner as
identified by the director), then the department 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 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 one cougar per permit and only the permittee may kill
(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 Washington 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 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, 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, 77.12.040, 77.12.020, 77.12.570, 77.12.210. 08-17-034 (Order 08-197), § 232-28-285, filed 8/13/08, effective 9/13/08. 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.]