Summary of proposed rule
This rule proposal repeals an existing rule and replaces it with a new rule to provide a process to issue permits to owners of commercial timber to lethally remove black bears to reduce damage. The rule proposal identifies how permits are applied for, applications are reviewed and issued or denied, conditioned, and administered. Under the proposed rule, a black bear timber damage permit would allow a permittee or their designated hunter to remove one or more black bears as conditioned on the removal permit. To minimize the potential of orphaning cubs, the proposed rule prohibits the harvest of bears with cubs.
Scope and rationale for proposed rule
Peeling and consuming tree parts by black bears often results in permanent damage or death to the tree. This damage results in a financial loss to the tree owner. Black bear timber damage removal permits are a tool to assist landowners with removal of bears causing timber damage in the spring of the year. Washington’s black bear population is robust and an annual spring permitting process for bear removals is sustainable. WDFW began considering revisions to WAC 220-440-210 when it was challenged in a lawsuit. The court of appeals eventually concluded that the current text in WAC 220-440-210 exceeded WDFW’s statutory authority. In response to a rule making petition, the Fish and Wildlife Commission voted to initiate rulemaking to amend WAC 220-440-210 along with a proposal to initiate rule making on Black Bear Timber Damage. The proposed rule would not apply to federal employees and agents while acting in their official capacities to protect private property.
Documents
- CR-102 - Continuance – filed as WSR 23-19-042 on Notice and opportunity to comment on this current rule-making proposal
- CR-103P – filed as WSR 24-04-007 on
CR-103P supplemental documents
Public hearing
October 27-28, 2023.
In person at:
NRB - 1111 Washington St. SE
Olympia, WA 98501 - Room 172
And online via Zoom Webinar:
Information on how to register to testify at the public hearing is available at:
http://wdfw.wa.gov/about/commission.meetings, or contact the Commission office at 360-902-2267.
State Environmental Policy Act (SEPA)
This rule making has undergone SEPA review for environmental impacts and WDFW has issued a SEPA determination, DNS 23-035. Please visit WDFW's SEPA page for more information.
Public comments
To submit comments, please visit the Black Bear Timber Damage Rule Making public engagement page.
You may also leave comments by sending an email, either with or without an attachment, to black-bear-timber-damage@PublicInput.com or by leaving a voicemail message at 855-925-2801 and entering project code# 5474.
The (extended) comment period ends at 11:59 pm on October 27, 2023.