Permanent rules adopted in 2021

Other years: 2021 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | 2014

Training program that provides dog training opportunities

This rulemaking adopted new rules under WAC 220-412-130. The adopted rules include:

  • An additional section—subsection (4)—proscribes what shall occur following the discharge of a firearm during a training session: “If a firearm is discharged at any point during a training activity, the training pass granted pursuant to subsection (11) shall be placed on hold until reinstated by the Department Captain or training area Sergeant. Before a training pass may be reinstated or reissued, WDFW Police shall investigate the circumstances of the discharge to determine if it was unlawful or a result of not meeting the best practices of dog handling.”
  • An additional section—subsection (5)—addresses requirements for a participant who purchases a cougar tag: "A Nonlethal Pursuit Training Pass Program participant who purchases a cougar harvest tag in Washington State cannot fill a cougar tag 72 hours before or after a training exercise.”
  • The addition of geographic limitations of training passes—subsection (10): “Training passes issued by the Department for training activities shall be geographically limited to no more than nine training passes at a time per WDFW Region, and no more than three training passes at a time per enforcement detachment.”
  • The addition of restriction of training passes for certain GMUs—subsection (11): “The Department Captain shall restrict training pass scope for certain Game Management Units (GMU’s) during big game hunting seasons when prudent.”
  • The additional requirement that training pass participant carry pepper spray or an air horn—subsection (12): “Any training pass holder engaged in training activities is required to carry either pepper spray or an air horn so that nonlethal means are available to mitigate wildlife interactions.”
  • An additional section—subsection (14)—prohibiting a training pass holder from pursuing kittens or cougars with kittens: “As a best practices in dog handling, training pass holders shall not knowingly engage in the pursuit of spotted kittens or cougars with spotted kittens. Upon any observation of tracks of more than one cougar or visually observing the presence of spotted kittens during a training exercise, the handler shall terminate the current training pass activity and report the observations to the training area Sergeant. The Sergeant may choose to subsequently limit future training activities in the area.”
Public Comment Period:

Written comments were due by December 7, 2020. The comment period has closed.

Public Hearing:

A public hearing took place December 3-5, 2020 8:00 am via webinar. An audio transcript of the meeting is available here.

For More Information:

https://wdfw.wa.gov/about/enforcement/KBD

Staff Contact: Becky.Bennett@dfw.wa.gov

Hydraulic code and Motorized Aquatic Mining

This rulemaking adopted amendments to Chapter 220-660 WAC in order to implement the statutory provisions in ESHB 1261.  The amended rules:

• Add a definition for “gravity siphon aquatic mining” and “motorized or gravity siphon equipment”;
• Specify that a standard hydraulic project approval (HPA) permit is required to conduct mineral prospecting involving motorized or gravity siphon equipment and require proof of compliance with the federal Clean Water Act for this activity as part of a complete application for a standard HPA;
• Specify that the department may reject an incomplete application for mineral prospecting involving motorized or gravity siphon equipment if the proposed project location or locations occur where they are prohibited under RCW 90.48.615;
• Remove authorization for motorized and gravity siphon mining activities from the Gold and Fish pamphlet rules;
• Specify that all activities under WAC 200-660-305 (Mineral prospecting involving motorized or gravity siphon equipment) must employ aquatic invasive species prevention;
• Eliminate the annual reporting requirement for suction dredging HPAs; and
• Other minor changes are to clarify or avoid conflict with statute.

Public Comment Period:

The comment period has closed.

Public Hearing:

A public hearing took place on January 28-30, 2021 at 8:00 am via webinar. The audio transcript for the meeting is available here.

For More Information:
https://wdfw.wa.gov/licenses/environmental/hpa/types/prospecting

Staff Contact: Theresa.Nation@dfw.wa.gov

Coastal Recreational Bottomfish Rule Changes

This rulemaking adopted amendments to Chapter 220-314 WAC. The amended rules include:

  • WAC 220-314-040 Bottomfish and halibut – Closed areas. This change would open the Westport Offshore Recreational YRCA and the South Coast Recreational YRCA to fishing for, retaining, and possessing bottomfish or halibut.
  • WAC 220-314-020 Possession limits – Bottomfish This change would allow 5 flatfish in addition to the 9 fish daily bottomfish limit.
  • WAC 220-314-030 Halibut – Seasons – Daily and possession limits Regulation changes are necessary to revise depth restrictions in Marine Area 1 through 4. Federal harvest quotas for yelloweye rockfish are sufficient to allow relaxation of depth restrictions which provides access to healthy lingcod resources that are commonly associated with yelloweye rockfish. The 20-fathom depth restriction in Marine Areas 3 and 4 west of the Bonilla-Tatoosh line would be in place from June 1 through July 31. Yellowtail and widow rockfish retention is allowed seaward of the 120 foot depth restriction in July and August in Marine Area 4 east of the Bonilla-Tatoosh line and would be allowed seaward of the 20 fathom depth restriction in Marine Areas 3 and 4 west of the Bonilla-Tatoosh line in the month of July 2021. In Marine Area 2, the 30-fathom line would be in place from May 1 to May 31 2021. In Marine Area 1 anglers would be allowed to retain the following bottomfish when halibut is on board: sablefish, Pacific cod, flatfish, yellowtail, widow, canary, redstriped, greenstriped, silvergray, chilipepper, bocaccio, blue and deacon rockfish, as well as lingcod north of the Washington-Oregon. In Marine Areas 3 and 4, anglers will be allowed to retain lingcod, sablefish, Pacific cod, bocaccio, silvergray, canary, widow, and yellowtail rockfish.
  • WAC 220-314-040 Lingcod – Areas and Seasons A deepwater closed area is in place in Marine Area 1 and Marine Area 2; this rule change would allow lingcod retention in this deepwater area from June 1 through June 15 and September 1 through September 30 2021.
Public Hearing:

This rule is being proposed under an expedited rule-making process that will eliminate the need for the agency to hold public hearings, prepare a small business economic impact statement, or provide responses to the criteria for a significant legislative rule.

If you object to this use of the expedited rule-making process, you must express your objections in writing and they must be sent to heather.hall@dfw.wa.gov. Any objections must be received by June 22, 2021.

For More Information:

https://wdfw.wa.gov/species-habitats/species/bottomfish

Staff Contact: heather.hall@dfw.wa.gov

Periodic Status Review - Oregon Vesper Sparrow

This rulemaking adopted amendment to WAC 220-610-010 and WAC 220-200-100. The adopted rules reclassified the Oregon vesper sparrow as endangered in the state of Washington and included the additional regulation and enforcement of the species.

Public Comment Period:

Public Survey: The online public survey was open from December 22,  2020 - January 19, 2021. 

Written comments were due January 19, 2021. The comment period has closed. 

Public Hearing:

A public hearing took place January 30, 2021 at 9:00 am via webinar. An audio transcript of the meeting is available here.

For More Information

https://wdfw.wa.gov/news/oregon-vesper-sparrow-recommended-listing-endangered-washington

Staff Contact: heather.bonagofski@dfw.wa.gov

2021 Recreational Clam and Oyster Seasons

The department is considering changes to the recreational clam and oyster harvest season rules.

Public Comment Period:

Written Comments were due by February 23, 2021. The comment period has closed.

Public Hearing:

A public hearing took place on February 23, 2021 at 5:30 pm via webinar.

 
 

Grazing rules

Clarifies how the Washington Department of Fish and Wildlife (WDFW) manages and implements grazing on lands owned or managed by WDFW. Specifically, grazing must be consistent with WDFW’s mission, management objectives, and strategic plan.

Public Comment Period:

Written Comments were due by October 14, 2020. The comment period has closed.

Public Hearing:

A public hearing took place on October 23-24, 2020 at 8:00 am via webinar. An audio transcript of the meeting is available here.