Permanent rules adopted in 2021

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Periodic Status Review - Ferruginous Hawk

Public comments

The comment period has closed as of August 7, 2021.

Visit the Periodic Status Review comment homepage

Public hearing

August 6-7, 2021 8:00 a.m. - Webinar

Date of Adoption: August 27, 2021

Staff Contact: Heather.Bonagofski@dfw.wa.gov

Assistance for Persons with Disabilities Contact:
Title VI/ADA Compliance Coordinator  
Phone: (360) 902-2349, TTY: 1-800-833-6388 OR 711
Email: Title6@dfw.wa.gov

Current Day
  • September 23, 2021

    Notice of adoption (CR-103) is filed with the Code Reviser

  • August 27, 2021

    Rule is adopted during commission meeting

  • August 6-7, 2021

    Public Hearing

    All public comments received are considered.

  • June 22, 2021

    Rule Proposal (CR-102) Filed

    Public comment period for rule making beings. The public is encouraged to comment at this time.

  • October 14, 2020

    Preproposal (CR-101) Filed

    Agency announces that it is considering rule proposal development.

October 2020

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 to revise depth restrictions in Marine Area 1 through 4.
  • WAC 220-314-040 Lingcod – Areas and Seasons A deepwater closed area is in place in Marine Area 1 and Marine Area 2.

Documents

Public hearing

This rule was proposed under an expedited rule-making process that eliminated 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.

For More Information:

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

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

2021 North of Falcon - Coastal Commercial Fisheries

This proposed rule making would adopt amendments to WAC 220-354-250 and WAC 220-354-290, which set the seasons and catch limits for the salmon fall fishery in Willapa Bay and Grays Harbor, respectively.

The proposed rules were developed through the annual North of Falcon salmon season setting process, which began in January 2021, and provide the season schedule for the 2021 fall commercial salmon gillnet fisheries in Willapa Bay and Grays Harbor.

Public comments

You can view comments submitted for this rule making at 2021 North of Falcon - Coastal Commercial Fisheries Rule Making Comments.

For more information

2021 North of Falcon - Puget Sound Commercial Fisheries

This rule making will adopt amendment to various sections under Chapter 220-354 WAC that set the seasons and catch limits for the Puget Sound Commercial Fisheries.

The proposed rules were developed through the annual North of Falcon salmon season setting process, which began in January 2021, and provide the season schedule for the 2021 commercial fisheries in Puget Sound.

Public comments

You can view comments submitted for this rule making at 2021 North of Falcon - Puget Sound Commercial Fisheries Rule Making Comments.

For more information

2021 North of Falcon - Recreational Fisheries

This proposed rule making would adopt amendment to various sections under Chapter 220-312 WAC and WAC 220-220-160, which provide the season schedule for the 2021 recreational fisheries statewide. The proposed rules were developed through the annual North of Falcon salmon season setting process, which began in January 2021.

Public comments

You can view comments submitted for this rule making at 2021 North of Falcon - Coastal Commercial Fisheries Rule Making Comments.

For more information

3-year Season Setting

This rulemaking adopted amendments to various game management and special permit chapters:

  • WAC 220-400-020 Classification of wild animals
  • WAC 220-410-010  Game management units (GMUs) boundary descriptions—Region one.
  • WAC 220-410-040  Game management units (GMUs) boundary descriptions—Region four.
  • WAC 220-410-050  Game management units (GMUs) boundary descriptions—Region five.
  • WAC 220-410-060  Game management units (GMUs) boundary descriptions—Region six.
  • WAC 220-411-140 Lake Terrell Game Reserve (Whatcom County).
  • WAC 220-411-210 Game Stratford Game Reserve.
  • WAC 220-412-070  Big game and wild turkey auction, raffle, and special incentive permits.
  • WAC 220-412-080  Special hunting season permits.
  • WAC 220-412-100  Landowner hunting permits.
  • WAC 220-413-060  Hunting restrictions.
  • WAC 220-413-090 Field identification of wildlife – Evidence of sex – Definitions.
  • WAC 220-414-010  Hunting equipment restrictions.
  • WAC 220-414-020 Unlawful methods for hunting – Firearms.
  • WAC 220-414-040  Nontoxic shot requirements
  •  WAC 220-414-050  Shotgun shell restriction areas.
  • WAC 220-414-060  Muzzleloading firearms.
  • WAC 220-414-070  Archery requirements.
  • WAC 220-414-090  Use of decoys and calls.
  • WAC 220-414-100  Crossbow requirements.
  • WAC 220-415-010  Deer area descriptions.
  • WAC 220-415-020  2021-2023 Deer general seasons and definitions.
  • WAC 220-415-030 2021 Deer special permits.
  • WAC 220-415-040  Elk area descriptions.
  • WAC 220-415-050 2021-2023 Elk general seasons and definitions.
  • WAC 220-415-060 2021 Elk special permits.
  • WAC 220-415-070  2021 Moose seasons, permit quotas, and areas.
  • WAC 220-415-090 2019-2020 Fall black bear hunting seasons and regulations.
  • WAC 220-415-120  2020 Bighorn sheep seasons permit quotas.
  • WAC 220-415-130 2021 Mountain goat seasons permit quotas, and areas.
  • WAC 220-416-010 Small game and other wildlife seasons and regulations.
  • WAC 220-416-060  2020-2021 Migratory gamebird seasons and regulations.
  • WAC 220-416-070  Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures.
  • WAC 220-416-080  Lynch Cove and Union River hunting area restriction (Mason County).
  • WAC 220-417-010 Trapping seasons and regulations.
  • WAC 220-417-030 Wild animal trapping

Public hearing

A public hearing took place on March 25-27, 2021 8:00 am via webinar. The audio transcript for the meeting is available here.

For more information

https://wdfw.wa.gov/hunting/special-hunts

Staff Contact: Heather.Bonagofski@dfw.wa.gov

Today
  • April 19, 2021

    Rule Adoption

    Rule making is adopted by the Fish and Wildlife Commission during commission meeting.

  • March 25-27, 2021

    Public Hearing

    A public hearing takes place via webinar. Public comments received are being considered.

  • February 10, 2021

    Rule Proposal (CR-102) Filed

    Public comment period for rule making begins. The public is encouraged to comment at this time.

  • November 18, 2020

    Preproposal (CR-101) Filed

    Agency announces rule development.

November 2020

Periodic Status Review - Greater Sage Grouse

This rulemaking is adopting amendments to WAC 220-200-100 and WAC 22-610-010. The adopted rules will classify the “greater” sage-grouse as endangered in the state of Washington. If the status change is approved, greater sage-grouse will be removed from WAC 220-200-100 "Wildlife classified as protected shall not be hunted or fished" and added to WAC 220-610-010 "Wildlife classified as endangered species".

Public comments

Written comments were due by March 11, 2021. The comment period is closed.

Public hearing

A public hearing took take place March 25-27, 2021 at 8:00 am via webinar. The audio transcript of the meeting is available here.

Date of Adoption: June 10, 2021

Effective Date: July 11, 2021

For More Information:
https://wdfw.wa.gov/species-habitats/species/centrocercus-urophasianus#climate

Staff Contact: Heather.Bonagofski@dfw.wa.gov

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 comments

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 comments

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

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 comments

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

This rulemaking adopted amendment to WAC 220-330-110 and 220-330-140. The adopted rules adjusted the recreational clam and oyster seasons based on recent clam and oyster population survey data, recreational harvest projections, and negotiations affecting intertidal Treaty and non-Treaty fisheries, along with public health considerations.

Public comments

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.

 For More Information:
https://wdfw.wa.gov/places-to-go/shellfish-beaches

Staff Contact: Kelly.Henderson@dfw.wa.gov

Grazing rules

This rulemaking adopted amendment to WAC 220-500-200. The adopted rule changes include:

  • In section 1 of the rule proposed in WSR 20-18-060, previous language about “desired ecological condition” was removed. That language was retained in the adopted rule amendments.
  • In section 3 of the proposed rule, language requiring permits to be submitted to the Commission for review was replaced with language requiring the Commission to approve permits before the Department could issue them. The adopted amendments eliminated language about Commission approval and retained the previous language about Commission review.
  • Also in section 3 of the proposed rule, previous language authorizing the Department to issue permits unless the Commission had disapproved them within thirty days was removed. This removal was directly connected with the subject in change (2) above, wherein grazing permits would have needed Commission approval rather than Commission review. The adopted amendments eliminated the proposed requirement of Commission review and retained the language authorizing permit issuance unless the Commission disapproves within thirty days.
  • In section 4 of the proposed rule, a reference to Commission review and approval of certain permits was found. This reference was modified to refer only to Commission review in the adopted rule amendments.

Public comments

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.

For More Information
https://wdfw.wa.gov/about/wdfw-lands/working-lands/grazing

Staff Contact: Heather.Bonagofski@dfw.wa.gov