WSR 22-13-110

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-70—Filed June 15, 2022, 2:06 p.m., effective July 16, 2022]

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

Purpose: WAC 220-413-060 Hunting restrictions. The purpose of this rule change is to clarify it is unlawful to hunt any wildlife at night and that it is unlawful to hunt wild animals, except rabbits and hares, with hounds during established modern firearm general deer and elk seasons during the months of October and November.

Also, to allow hunters to use one dog controlled by leash during lawful hunting hours and within 72 hours of shooting a big game animal, except bear and cougar, to assist with recovering wounded big game. The rule change will help reduce the number of big game animals that are mortally wounded, but not recovered.

WAC 220-413-090 Field identification of wildlife—Evidence of sex—Definitions. This rule change is to clarify that game birds must be transported with a feathered wing or head attached to the carcass until the carcass is processed and or stored for consumption with exceptions stated as follows:

a. Falconry-caught birds, no evidence of sex;

b. Canada and crackling geese harvested in Goose Management Area 2 - coast and inland: Fully feather head must be left attached;

c. Turkeys: The head and, if present at harvest, the beard must be left attached.

Also, we changed the last statement of the existing rule into subsection (6) to state that failure to comply with the rule (section) is unlawful possession of game animals under RCW 77.15.410. The change will direct hunters of specific requirements and allow for the sex of harvested animals to be identifiable.

WAC 220-414-010 Hunting equipment restrictions. This rule change will clarify that it is unlawful to hunt all big game, not just deer and elk, with the aid of infrared night vision equipment or with laser sights.

WAC 220-414-020 Unlawful methods for hunting—Firearms. This rule change will expand opportunity by allowing use of air rifles and handguns for hunting specific species. The specifics allowable for each weapon are identified within the amendments. These amendments will provide lighter weight weapons for hunting identified species and thereby provide opportunity to hunters who are not able to carry the heavier weight weapons.

WAC 220-414-040 Nontoxic shot requirements. The changes will:

1. Adjust wildlife area and unit naming conventions under subsection (2) to reflect current relationships to wildlife areas with significant wetlands occurring within boundaries; and

2. Remove sites listed under subsection three to accurately reflect pheasant release sites on non-WDFW managed lands.

WAC 220-414-050 Shotgun shell restriction areas. The changes will:

1. Technical adjustment under subsection (1)(d) Johnson/DeBay's Slough Hunt Unit area description fixing GPS coordinates to align intent with legal description;

2. Technical adjustment under subsection (1)(e) Dungeness Unit in Clallam County due to a change in a previous contract agreement;

3. Addition of subsection (1)(f) Samish River Unit of Skagit Wildlife Area in Skagit County as a technical adjustment required from differentiating from the Samish Unit; and

4. Addition of subsection (1)(g) South Padilla Bay Unit of Skagit Wildlife Area in Skagit County to align with current management of waterfowl, coot, and snipe hunting on this unit.

WAC 220-414-060 Muzzleloading firearms. The changes will clarify that the term "load" refers to the powder charge and projectile and that both must be loaded from the muzzle. Anticipated effects associated with this amendment would be hunters having a clearer understanding of the muzzleloading firearms that are legal to use during established muzzleloader seasons.

WAC 220-414-070 Archery requirements. Specific proposed amendments allow the use of verifiers for peep sights. We feel these changes will increase hunter participation, increase hunter retention, and ensure a clean and ethical kill.

WAC 220-414-090 Use of decoys and calls. The rule change to WAC 220-414-090(2) allows the limited use of electronic calls when hunting lesser snow geese and Ross' geese during season dates occurring after February 1 in Goose Management Area 1 and Goose Management Area 4, when lesser snow geese and Ross' geese are the only species open to harvest as specified by WAC 220-416-060. This brings state regulation in alignment with federal allowances (C.F.R. 20.21.g.1).

Citation of Rules Affected by this Order: Amending WAC 220-413-060, 220-413-090, 220-414-010, 220-414-020, 220-414-040, 220-414-050, 220-414-060, 220-414-070, and 220-414-090.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, and 77.12.047.

Other Authority: RCW 77.04.012, 77.04.055, and 77.12.047.

Adopted under notice filed as WSR 22-04-105 on February 1, 2022.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-414-020 Unlawful methods for hunting—Firearms.

Under section (5)(b): Change subsection (iii) Legal modern handgun designed for hunting, shooting #4 or smaller shot, and not capable of holding more than three shells. Handgun barrel length must be a minimum of 10 inches, inclusive of choke tube. Modern handguns must shoot a minimum three-inch shotshell of .140 .410 caliber or larger.

Rationale: Clerical error.

Change subsection (iv) Legal muzzleloading handgun designed for hunting, and shooting #4 or smaller shot, and not capable of holding more than three shells. Handgun barrel length must be a minimum of 10 inches. Muzzleloading handguns must be .45 caliber or larger.

Rationale: Clerical error, muzzleloading handguns do not hold shells and only handle one shot at a time.

WAC 220-414-060 Muzzleloading firearms. The fish and wildlife commission decided against adopting the proposed text for what would created a new subsection (4)(b) (proposed text: "Sights must be open, peep, of other open sight design, or scopes not exceeding 1x magnification. Fiber optic sights are legal. Telescopic sights or sights containing glass are prohibited."), as well as new subsection (4)(c) (proposed text: "It is unlawful to have any electrical aiming device or equipment attached to a muzzleloading firearm while hunting except for red dot or other similar electronically powered scopes not exceeding 1x magnification. It is lawful to mount a video camera to your muzzleloader while hunting provided it cannot be used for aiming the firearm.").

WAC 220-414-070 Archery requirements. The fish and wildlife commission decided against adopting the proposed text for what would create new subsection (1)(b) (proposed text: "It is unlawful to have any electrical equipment or electric device(s) attached to the bow or arrow while hunting with the following exceptions: Illuminated nocks attached to the bow or arrow while hunting, Bluetooth enabled nocks also known as breadcrumb nocks, range finding bow sights, and video camera provided the camera cannot be used for aiming the bow.").

Adopted text: It is unlawful to hunt wildlife with any bow equipped with a scope. A verifier peep sight that magnifies the sights is not considered a scope and is lawful.

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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 9, 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: April 8, 2022.

Barbara Baker, Chair

Fish and Wildlife Commission

OTS-3577.1

AMENDATORY SECTION(Amending WSR 20-19-115, filed 9/21/20, effective 10/22/20)

WAC 220-413-060Hunting restrictions.

(1) It is unlawful to hunt wildlife during any modern firearm deer or elk season with any firearm 240 caliber or larger, or containing slugs or buckshot, unless the hunter has a valid license, permits and tags for modern firearm deer or elk seasons are in his or her possession.

(a) This subsection does not apply to people hunting bear, cougar, mountain goat, mountain sheep, or turkey.

(b) A violation of this subsection is punishable under RCW 77.15.410 or 77.15.430, depending on the circumstances of the violation.

(2)(a) It is unlawful to hunt any wildlife at night ((or))and it is unlawful to hunt wild animals, except rabbits and hares, with dogs (hounds) during the month of October or November during the dates established for eastern and western Washington modern firearm deer or elk general seasons. During the modern firearm deer and elk general seasons the hunting hours are one-half hour before sunrise to one-half hour after sunset. A violation of this subsection is punishable under RCW 77.15.430((,)) Unlawful hunting of wild animals—Penalty.

(b) It is unlawful to use hounds to hunt black bear, cougar (EXCEPT as pursuant to RCW 77.15.245), coyote, and bobcat year-round. A violation of this subsection is punishable under RCW 77.15.410((,)) Unlawful hunting of big game—Penalty, or RCW 77.15.430, depending on the circumstances of the violation.

(c) A person may not use the aid of a dog to take, chase, harm or harass big game. The use of one blood-trailing dog controlled by leash during lawful hunting hours within 72 hours of shooting a big game animal, except bear and cougar, is allowed to track wounded big game and aid in recovery.

(3) It is unlawful to participate in a hunting contest for which no permit has been issued by the department. A violation of this subsection is punishable as an infraction under RCW 77.15.160 (6)(b).

OTS-2898.4

AMENDATORY SECTION(Amending WSR 19-10-011, filed 4/19/19, effective 5/20/19)

WAC 220-413-090Field identification of wildlife—Evidence of sex—Definitions.

(1) It is unlawful to possess or transport game birds ((unless))without a feathered wing or head ((is left)) attached to each carcass until the carcass is processed and/or stored for consumption, except:

(a) Falconry-caught birds; which do not require evidence of sex.

(b) Canada and cackling geese harvested in Goose Management Area 2 - Coast and Inland: Where the fully feathered head must be left attached for subspecies determination((, and falconry-caught birds, until the carcass is processed and/or stored for consumption)).

(2) It is unlawful to possess or transport big game animals unless evidence of the sex of the animal remains naturally attached to the carcass until the carcass is processed and/or stored for consumption.

(a) Evidence of sex means the head with antlers or horns attached or penis or testes of male big game animals or the head or udder of female big game animals any of which must be naturally attached to at least one quarter of the carcass or to the largest portion of meat.

(b) For the purpose of this rule, "stored for consumption" means at the final point of storage prior to consumption of the meat.

(3) It is unlawful to possess or transport goat, sheep, moose, deer or elk taken in hunting areas which have horn or antler restrictions unless the head or skull plate, with both horns or both antlers naturally attached, accompanies the carcass.

(4) The possession of a taxidermist's receipt which includes the taxidermist's name, address, and telephone number, the hunter's name, address, telephone number, license, and tag number, the species and sex of the game bird or big game animal taken, as well as antler points or horn size and the date and GMU location or special deer/elk permit area where taken, shall be deemed to constitute compliance with this section.

For the purpose of this rule "accompanies the carcass" means to remain with the carcass until it has reached the point of processing or storage.

(5) It is lawful for persons who have complied with the department of fish and wildlife's chronic wasting disease sampling program to possess deer and elk without proof of sex under the following provisions:

(a) The head of the deer or elk must have been surrendered to an authorized department collection site.

(b) The hunter is in possession of an official department disease testing program identification card, completely filled out and signed and dated by a department employee or authorized agent.

(c) The carcass of the deer or elk is transported directly from where the head has been surrendered to the point of processing or storage.

(6) Failure to comply with (((a) through (c) of)) this ((subsection))section constitutes unlawful possession of ((big)) game animals and is punishable under RCW 77.15.410.

OTS-2864.1

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-414-010Hunting equipment restrictions.

(1) It is unlawful to hunt ((deer or elk))all big game with the aid of infrared night vision equipment or with laser sights (not to include range finders) capable of projecting a beam onto the target, while in possession or control of a firearm, bow and arrow, or crossbow.

(2) It is unlawful to use radio-telemetry equipment to locate and hunt wildlife with transmitters attached to them.

OTS-2899.4

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-414-020Unlawful methods for hunting—Firearms.

(1) It is unlawful to hunt any big game with:

(a) A fully automatic firearm.

(b) A centerfire cartridge less than 22 caliber for cougar.

(d) A shotgun, provided that it is a 20 gauge, or larger shotgun, using shells loaded with slugs or buckshot size #1 or larger, may be used to hunt deer, bear, and cougar.

(e) A shotgun for any other big game, except that a 12 gauge or 10 gauge shotgun using slugs may be used.

(f) A handgun during a modern firearm season that does not meet the following criteria: Have a minimum barrel length of four inches, per manufacturer's specification, and fire a centerfire cartridge.

(g) Any rimfire cartridge.

(2) It is unlawful to hunt game birds with a shotgun capable of holding more than three shells.

(3) It is unlawful to hunt game birds or game animals((, except bullfrogs,)) in a manner other than with a firearm, a bow and arrow, a crossbow, or by falconry, with the following exceptions:

(a) Bullfrogs may be hunted only by methods listed in WAC 220-416-120.

(b) Dusky grouse, sooty grouse, spruce grouse, ruffed grouse, snowshoe hare, and cottontail rabbit may be hunted with an air rifle no smaller than .22 caliber and no larger than .25 caliber.

(4) It is unlawful to hunt game animals or game birds with a shotgun larger than 10 gauge.

(5) It is unlawful to hunt game birds with a rifle or handgun, with the exception of ((blue)):

(a) Dusky grouse, sooty grouse, spruce grouse and ruffed grouse((.

(6) It is unlawful to hunt)); and

(b) Turkey, which it is unlawful to hunt with a weapon other than ((shotgun shooting #4 or smaller shot, bow and arrow, crossbow,))the following:

(i) Crossbow or bow and arrow;

(ii) Shotgun shooting #4 or smaller shot, or muzzleloading shotgun shooting #4 or smaller shot;

(iii) Legal modern handgun designed for hunting, shooting #4 or smaller shot, and not capable of holding more than three shells. Handgun barrel length must be a minimum of 10 inches, inclusive of choke tube. Modern handguns must shoot a minimum three inch shotshell of .410 caliber or larger;

(iv) Legal muzzleloading handgun designed for hunting and shooting #4 or smaller shot. Handgun barrel length must be a minimum of 10 inches. Muzzleloading handguns must be .45 caliber or larger.

(((7)))(6) A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.

OTS-2890.3

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-414-040Nontoxic shot requirements.

(1) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes the following approved types:

Approved Nontoxic Shot Type*	Percent Composition by Weight
bismuth-tin	97 bismuth, 3 tin
iron (steel)	iron and carbon
iron-tungsten	any proportion of tungsten, ˃=1 iron
iron-tungsten-nickel	˃=1 iron, any proportion of tungsten, up to 40 nickel
copper-clad iron	84 to 56.59 iron core, with copper cladding up to 44.1 of the shot mass
tungsten-bronze	51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron; and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron
tungsten-iron-copper-nickel	40-76 tungsten, 10-37 iron, 9-16 copper, 5-7 nickel
tungsten-matrix	95.9 tungsten, 4.1 polymer
tungsten-polymer	95.5 tungsten, 4.5 nylon 6 or 11
tungsten-tin-iron	any proportions of tungsten and tin, ˃=1 iron
tungsten-tin-bismuth	any proportions of tungsten, tin, and bismuth
tungsten-tin-iron-nickel	65 tungsten, 21.8 tin, 10.4 iron, 2.8 nickel
tungsten-iron-polymer	41.5-95.2 tungsten, 1.5-52.0 iron, and 3.5-8.0 fluoropolymer
*Coatings of copper, nickel, tin, zinc, zinc chloride, zinc chrome, and fluoropolymers on approved nontoxic shot types also are approved.

The director may adopt additional nontoxic shot types consistent with federal regulations.

(2) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

(a) Well's Wildlife Area (Bridgeport Bar Unit);

(b) Cowlitz Wildlife Area (all units);

(d) Shillapoo Wildlife Area (all units);

(e) Skagit Wildlife Area (all units);

(f) Snoqualmie Wildlife Area (all units);

(g) Sunnyside-Snake River Wildlife Area (Headquarters, Byron and Windmill Ranch units);

(h) Sinlahekin Wildlife Area (Driscoll Island, Hegdahl, and Kline Parcel units);

(i) ((Olympic))Johns River Wildlife Area (Chinook ((and)), Chehalis, and Elk River units);

(j) South Puget Sound Wildlife Area (((Davis Creek (Koopman) Unit)))(Big Beef Creek, Lake Koeneman, Nisqually, Skokomish, and Union River units);

(k) Scatter Creek Wildlife Area (all units);

(l) North Olympic Wildlife Area (all units).

(3) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading), other than nontoxic shot, when hunting for upland game birds (pheasants, quail, chukar, or gray partridge), mourning doves, band-tailed pigeons, or game animals in the following areas:

(a) Chehalis River pheasant release site;

(b) ((Dungeness Recreation Area;

(d))) Hunter Farms pheasant release site;

(((e) Raymond Airport pheasant release site;

(f)))(c) Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge;

(((g)))(d) All Whidbey Island pheasant release sites.

(4) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading), other than nontoxic shot, when hunting for upland game birds (pheasant, quail, chukar, and gray partridge), mourning doves, and band-tailed pigeons on all WDFW designated pheasant release sites not listed in subsections (2) and (3) of this section.

OTS-2900.1

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-414-050Shotgun shell restriction areas.

(1) It is unlawful to have in possession more than 15 shotgun shells or to fire (shoot) more than 15 shells in one day on the following areas:

(a) The Island Unit of the Skagit Wildlife Area in Skagit County.

(b) The Spencer Island Unit of the Snoqualmie Wildlife Area in Snohomish County.

(d) The Johnson/DeBay's Slough Hunt Unit of the Skagit Wildlife Area in Skagit County: In Skagit County beginning at the intersection of Francis Road and DeBay Isle Road (N 48.467817 W -122.255143); then northeast approximately 125 feet to a white corner marker (N 48.46818 W -122.254977); then east approximately 250 feet along the parking area fence line to a white corner marker (N 48.468087 W -122.25392); then north along the fence line approximately 334 feet to corner of fence line (N 48.469067 W -122.253787); then east along the fence line approximately 250 feet to a white corner marker (N 48.469081 W -122.252834); then north approximately 2185 feet to orange corner marker (N 48.475024 W -122.252937); then west approximately 1421 feet to the white corner marker (((N 48.475072 W -122.26007)))(N 48.4750691 W -122.2582045); then south approximately 1170 feet to the west shoreline of DeBay Slough white corner marker (N 48.471872 W -122.258097); then move easterly and southerly along the west shoreline of DeBay Slough approximately 1850 feet to white corner marker on the south side of DeBay Isle Road (((N 48.468225 W -122.260139)))(N 48.4680860 W -122.2563066); then easterly along the south side of DeBay's Isle Road to the intersection of Francis Road and the point of beginning.

(e) ((All lands managed by the department north of East Anderson Road and west of))The Dungeness ((River))Unit of the North Olympic Wildlife Area in Clallam County.

(f) The Samish River Unit of the Skagit Wildlife Area in Skagit County.

(g) The South Padilla Bay Unit of the Skagit Wildlife Area in Skagit County.

(2) It is unlawful to have in possession more than 25 shotgun shells or to fire (shoot) more than 25 shells in one day on the Nisqually Unit of the South Puget Sound Wildlife Area in Thurston County.

OTS-2865.2

AMENDATORY SECTION(Amending WSR 18-11-061, filed 5/11/18, effective 6/11/18)

WAC 220-414-060Muzzleloading firearms.

(1) Definitions.

(a) Muzzleloader: A firearm that is loaded from the muzzle and uses black powder or a black powder substitute as recommended by the manufacturer for use in all muzzleloading firearms. The term load refers to the powder charge and projectile and both must be loaded from the muzzle.

(b) A muzzleloading firearm shall be considered loaded if a powder charge and a projectile, either shot or single projectile are in the barrel and the barrel or breech is capped or primed.

(2) It is unlawful to hunt wildlife using a muzzleloading firearm that does not meet the following specifications:

(a) A muzzleloading shotgun or rifle must have a single or double barrel, rifled or smooth-bored.

(b) A muzzleloading shotgun or rifle used for deer must be .40 caliber or larger. Buckshot size #1 or larger may be used in a smoothbore of .60 caliber or larger for deer.

(d) Persons lawfully hunting small game with a double barrel, muzzleloading shotgun may keep both barrels loaded.

(e) A muzzleloading handgun must have a single or double barrel of at least eight inches, must be rifled, and must be capable of being loaded with ((forty-five))45 grains or more of black powder or black powder substitute per the manufacturer's recommendations.

(f) A muzzleloading handgun used for big game must be .45 caliber or larger.

(g) A handgun designed to be used with black powder, including black powder percussion revolvers, can be used to hunt forest grouse, cottontail rabbits, and snowshoe hares.

(3) In addition to the above requirements, it is unlawful to participate (hunt) in a muzzleloading hunting season using a firearm that does not meet the following specifications for a muzzleloader. However, a modern handgun may be carried for personal protection. Modern handguns cannot be used to hunt big game or dispatch wounded big game during a big game hunting season for muzzleloading firearms.

(a) Ignition is to be wheel lock, matchlock, flintlock, or percussion. Primers designed to be used in modern cartridges are legal.

(b) Sights must be open, peep, or of other open sight design. Fiber optic sights are legal. Telescopic sights or sights containing glass are prohibited.

(d) Those persons lawfully hunting big game with a double barrel muzzleloader may only keep one barrel loaded.

(4) Muzzleloading firearms used during a modern firearm season are not required to meet ignition, sight, or double barrel restrictions.

(5) A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.

OTS-2866.2

AMENDATORY SECTION(Amending WSR 19-10-011, filed 4/19/19, effective 5/20/19)

WAC 220-414-070Archery requirements.

(1) The following provisions apply to all archery hunting seasons:

(a) It is unlawful for any person to carry or have in his possession any firearm while archery hunting in the field during an archery season specified for that area, except for modern handguns carried for personal protection. Modern handguns cannot be used to hunt big game or dispatch wounded big game during an archery big game hunting season.

(b) It is unlawful to have any electrical equipment or electric device(s), except for illuminated nocks, attached to the bow or arrow while hunting.

(c) It is unlawful to discharge a bow from a vehicle or from, across, or along the maintained portion of a public highway.

(d) It is unlawful to use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw or in a firing position.

(e) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead, or with a broadhead blade or blades that are less than seven-eighths of an inch wide.

(f) It is unlawful to hunt wildlife with any bow equipped with a scope. A verifier peep sight that magnifies the sights is not considered a scope and is lawful.

(2) The following provisions apply to long bow, recurve bow and compound bow archery equipment:

(a) It is unlawful for any person to hunt big game animals with a bow that does not produce a minimum of 40 pounds of pull measured at ((twenty-eight))28 inches or at full draw.

(b) It is unlawful to hunt big game animals with any arrow measuring less than 20 inches in length.

(3) A violation of this section is punishable under RCW 77.15.400, 77.15.410, or 77.15.430, depending on the species hunted.

OTS-3587.1

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-414-090Use of decoys and calls.

(1) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of battery-powered or other electronic devices as decoys.

(2) It is unlawful to hunt waterfowl, wild turkeys, or deer with the use or aid of electronic calls, except electronic calls may be used for lesser snow geese and Ross' geese during season dates occurring after February 1st in Goose Management Area 1 and Goose Management Area 4, when lesser snow geese and Ross' geese are the only species open to harvest as specified in WAC 220-416-060.

(3) Except as otherwise authorized by rule of the commission or by contract or agreement with the department, any person placing waterfowl decoys on any area (including water, access areas, roads, and trails) under the ownership, management, lease, or control of the department, shall not:

(a) Place waterfowl decoys prior to 4:00 a.m.;

(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour;

(d) Place waterfowl decoys on days closed to waterfowl hunting.

(4) This regulation shall be enforced under RCW 77.15.400.