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(continued) ed and sensitive species shall be classified as subcategories of protected wildlife. The commission has the authority to classify wildlife as protected under RCW 77.12.020. Species classified as protected are listed under WAC 232-12-011, as amended.



[Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-02-062 (Order 01-283), 232-12-297, filed 12/28/01, effective 1/28/02. Statutory Authority: RCW 77.12.040. 98-05-041 (Order 98-17), 232-12-297, filed 2/11/98, effective 3/14/98. Statutory Authority: RCW 77.12.020. 90-11-066 (Order 442), 232-12-297, filed 5/15/90, effective 6/15/90.]




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232-12-421
Hunt or possess big game without an access permit.
(1) It is unlawful to hunt for big game or possess big game taken on property in an access contract between the landowner or land manager and the department, unless:

(a) The hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits; or

(b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

(2) Each big game animal possessed in violation of this section shall be treated as a separate offense under RCW 77.15.030.

(3) Violation of this section is punishable under RCW 77.15.410, unlawful recreational hunting of big game in the second degree, unless the hunting for or possession of big game constitutes unlawful recreational hunting of big game in the first degree.



[Statutory Authority: RCW 77.12.047. 06-04-065 (Order 06-12), 232-12-421, filed 1/30/06, effective 3/2/06.]




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232-12-422
Hunt or possess a wild animal or wild bird without an access permit.
(1) It is unlawful to hunt for a wild bird or wild animal, except big game, or possess any wild bird or wild animal, except big game, taken on property in an access contract between the landowner or land manager and the department, unless:

(a) The hunter possesses a valid access permit provided on a standard form by the department, and issued to the hunter by the landowner, land manager, or the department in addition to all other required hunting licenses and permits; or

(b) The property is in a contract between the department and the landowner that does not restrict persons from hunting and does not require an access permit.

(2) Violation of this section is punishable under RCW 77.15.400 or 77.15.430.



[Statutory Authority: RCW 77.12.047. 06-04-065 (Order 06-12), 232-12-422, filed 1/30/06, effective 3/2/06.]




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232-12-423
Public hunting defined and access contracts.
"Public hunting" generally means that land is open to hunting for all licensed hunters.

(1) For the purpose of defining the term "public hunting" for payment of crop damage in RCW 77.36.060, "public hunting" has been allowed by the landowner when:

(a) The landowner opens the property on which the damage is claimed under RCW 77.36.040, for general access to all licensed hunters; or

(b) The landowner had entered into and complied with an access contract with the department covering the land(s) on which the damage is claimed under RCW 77.36.040, for the hunting season prior to the occurrence of the damage.

(2) Access contracts shall require that:

(a) The land is open to general access to all licensed hunters; or

(b) The landowner allows the department to select the hunters who are authorized to access the land; or

(c) The landowner and the department share selection of the hunters authorized to hunt on the landowner's land consistent with applicable commission policy or rule.



[Statutory Authority: RCW 77.12.047. 06-04-065 (Order 06-12), 232-12-423, filed 1/30/06, effective 3/2/06.]




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232-12-619
Bullfrogs.
It is unlawful to take bullfrogs except by angling, hand dip netting, spearing (gigging) or with bow and arrow. There is no daily limit on the number of bullfrogs that may be taken, no possession limit, and no size restrictions.



[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), 232-12-619, filed 6/13/06, effective 7/14/06; 06-05-085 (Order 06-23), 232-12-619, filed 2/14/06, effective 5/1/06; 05-17-007 (Order 05-168), 232-12-619, filed 8/3/05, effective 9/3/05; 05-05-035 (Order 05-15), 232-12-619, filed 2/10/05, effective 5/1/05; 04-19-012 (Order 04-242), 232-12-619, filed 9/2/04, effective 10/3/04; 04-07-009 (Order 04-39), 232-12-619, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), 232-12-619, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), 232-12-619, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 232-12-619, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 232-12-619, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 232-12-619, filed 3/30/99, effective 5/1/99. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 232-12-619, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 232-12-619, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, 232-12-619, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 77.12.040. 97-07-076 (Order 97-50), 232-12-619, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), 232-12-619, filed 5/13/96, effective 6/13/96; 95-17-063 (Order 95-103), 232-12-619, filed 8/15/95, effective 9/15/95; 95-05-008 (Order 95-11), 232-12-619, filed 2/1/95, effective 5/1/95. Statutory Authority: RCW 77.04.055 and 77.12.040. 93-21-070 (Order 617), 232-12-619, filed 10/20/93, effective 4/16/94. Statutory Authority: RCW 77.12.040. 93-10-054 (Order 600), 232-12-619, filed 4/30/93, effective 5/31/93. Statutory Authority: RCW 77.04.055 and 77.12.040. 92-01-084 (Order 524), 232-12-619, filed 12/16/91, effective 4/16/92.]




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232-12-800
Purpose.
The purpose of this chapter shall be to insure compliance by the department of game with the provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with sections 25?32 of that act, dealing with public records.



[Order 42, 232-12-800, filed 7/19/73.]




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232-12-804
Description of central and field organization of the department of game.
The headquarters of the department of game, the director and the administrative staff is located at 600 No. Capitol Way, Olympia, Washington, 98504. In addition, the department has six regional offices, each of which supervises department activities within its respective area. Their locations are:


Region 1 North 8702 Division Street

Spokane, WA 99218

Region 2 1540 Alder Street N.W.

Ephrata, WA 98823

Region 3 2802 Fruitvale Blvd.

Yakima, WA 98902

Subregional

office Wenatchee District Office

3860 Chelan Highway North

Wenatchee, WA 98801

Region 4 16018 Mill Creek Blvd.

Mill Creek, WA 98012

Region 5 5405 N.E. Hazel Dell Ave.

Vancouver, WA 98663

Region 6 905 E. Heron

Aberdeen, WA 98520




[Statutory Authority: RCW 77.12.040. 86-03-052 (Order 265), 232-12-804, filed 1/15/86; 81-22-002 (Order 174), 232-12-804, filed 10/22/81; Order 42, 232-12-804, filed 7/19/73.]




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232-12-807
Operations and procedures.
The department of game is a public service agency whose statutory responsibility is to preserve, protect, and perpetuate all forms of wildlife in the state of Washington and to serve the public by providing the maximum amount of wildlife-oriented recreation consistent with sound biological management.

The state game commission consists of six members appointed by the governor. They serve a term of six years each. Terms are arranged so that appointments of two members expire every two years. By law, three commissioners are appointed from eastern Washington and three from western Washington. The game commission establishes regulations, sets overall policies to guide the department, and appoints the director of game. The director is responsible for all activities of the department of game and reports directly to the game commission.

Organization of the department of game is one of decentralized management. A deputy director and two assistant directors aid in the operation and administration of the department. The Olympia staff consists of seven division administrators who head up areas of program planning and coordination. Completing the staff is a planning section and a special assistant to the director for federal affairs.

The fisheries management division is responsible for research, program development, planning and coordination of management for all fish classified as game fish.

The wildlife management division is responsible for research, planning, program development, and coordination of management for all wildlife in the state other than fish. Major activities of this division relate to big game species, a variety of small game including birds, nonhunted wildlife, and management of wildlife areas.

The habitat management division is responsible for research, planning, program development and coordination for protection, restoration, and enhancement of wildlife and fish habitat areas through the use of environmental laws and public education. A major portion of this program is related to cooperative contractual agreements with other land managers and private landholders.

The enforcement division is responsible for planning, program development, and coordination of enforcement and wildlife control activities.

The engineering and lands division is responsible for engineering and design, construction, maintenance, surveying, land acquisition, and property management services. The division also prepares and implements the department's capital budget.

The management services division has responsibility for the budget development, accounting, federal aid coordination, payroll, printing, mailing, purchasing, vendor payments, warehouse services, safety, maintenance of archives, department's license management, and data processing.

The information and education division is responsible for planning and program development of the hunter education and safety training, project WILD for school children, various publications, trapper training, interpretive displays, newsletters, news releases, and radio and television public service announcements.

The department of game has six administrative regions in the state; three on the eastside, three on the westside. Each region is administered by a regional supervisor who is responsible for all department programs within his assigned region. They are assisted by program managers for the key areas of enforcement, habitat, wildlife, and fisheries. Program implementation is carried out primarily by field agents and biological or production staff.

The game commission, through the public meeting process, establishes all rules and regulations that govern departmental activities. This includes establishment of hunting and fishing seasons; approval of land acquisitions or exchanges; coordination with other federal, state, county, or city programs; and adjudication of requests for license reinstatements when individual privileges have been revoked in accordance with RCW's.

The game commission holds four statutory meetings each year in January, April, July, and October, and other special meetings as necessary to conduct its business.



[Statutory Authority: RCW 77.12.040. 86-03-053 (Order 266), 232-12-807, filed 1/15/86.]




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232-12-809
Definition of Eastern and Western Washington.
For purposes of all rules of the commission, Eastern and Western Washington are defined as:

Eastern Washington - all lands lying east of the Cascade Crest Trail and east of the Big White Salmon River in Klickitat County.

Western Washington - all lands lying west of the Cascade Crest Trail and west of and including the Big White Salmon River in Klickitat County.



[Statutory Authority: RCW 77.12.040. 86-09-024 (Order 271), 232-12-809, filed 4/10/86; 82-11-099 (Order 184), 232-12-809, filed 5/19/82.]




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232-12-810
Public records officer.
The department public records are in charge of a public records officer designated by the director. The person so designated is located in the Administrative Office of the Department, 600 No. Capitol Way, Olympia, Washington. The public records officer is responsible for the following: The implementation of the department's rules and regulations regarding release of public records, regarding the administration or enforcement of chapter 1, Laws of 1973 and these rules, coordinating the staff of the department in this regard, and generally insuring compliance by the staff with the public records and disclosure requirements of chapter 1, Laws of 1973.



[Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-810, filed 10/22/81; Order 42, 232-12-810, filed 7/19/73.]




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232-12-813
Copying.
No fee shall be charged for the inspection of public records. The department shall charge a fee of twenty-five cents per page for providing copies of public records, and two dollars for certification if requested.



[Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), 232-12-813, filed 1/28/82.]




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232-12-814
Requests for public records.
In accordance with requirements of chapter 1, Laws of 1973 that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing addressed to attention of the department of game public records officer. The request shall include the following information:

(a) The name of the person requesting the record[;]

(b) The calendar date on which the request was made;

(c) The nature of the request; and an appropriate description of the record requested.

(2) In all cases in which a member of the public is making a request, it is the obligation of the public records officer or staff member to whom [a] request is made to assist the member of the public in appropriately identifying the public record requested.

(3) No public record shall be allowed to be removed from a department office by anyone other than an officially authorized person.



[Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-814, filed 10/22/81; Order 42, 232-12-814, filed 7/19/73.]


Notes:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.




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232-12-820
Review of denials of public records requests.
(1) A person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Upon receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall immediately refer it to the director. The director shall consider the matter and within two business days either affirm or reverse such denial.



[Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-820, filed 10/22/81; Order 42, 232-12-820, filed 7/19/73.]




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232-12-824
Records index.
The department of game, pursuant to RCW 42.17.260(3) amended at [by] chapter 294, Laws of 1975 1st ex. sess., hereby formally declares that to fully maintain the RCW 42.17.260(2) proscribed [prescribed] current index would unduly burden the agency's operations. No central or routing file currently exists.

The agency does fully maintain an index describing administrative staff manuals and instructions to staff which affect a member of the public. The index includes:

(1) Statements of policy and interpretations of policy which have been adopted by the agency

(2) Planning policies and goals and interim and final decisions

(3) Factual staff reports and studies, factual consultant reports and studies, scientific reports and studies, and other factual information derived from test studies, reports and surveys

(4) Correspondence and materials referred to therein by or with the agency relating to regulatory, supervisory or enforcement responsibilities of the agency whereby the agency determines or opines upon or is asked to opine upon the rights of the state, the public, and private parties.



[Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-824, filed 10/22/81; Order 81, 232-12-824, filed 5/26/76; Order 42, 232-12-824, filed 7/19/73.]


Notes:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.




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232-12-828
Hunting of game birds and animals by persons with a disability.
(1) Definitions:

(a) "Hunter with a disability" means a person with a permanent disability who possesses a disabled hunter permit issued by the department. A hunter with a disability must have all required licenses, tags, permits, and stamps before hunting.

(b) "Disabled hunter permit" means a permit, card, or endorsement to a license issued by the department to any person with a permanent disability who applies to the department and presents such evidence as the director may require showing that the applicant is a person with a qualifying disability. Upon approval of the application, the department will issue a vehicle identification placard. A designated hunter companion card will be issued with a hunting license.

(c) "Designated hunter companion" means a person who assists a hunter with a disability in the stalking, shooting, tracking, retrieving, or tagging of game birds and game animals.

(d) "Designated hunter companion card" means an identification card issued by the department to the hunter with a disability.

(e) "Blind or visually impaired" means a central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field does not exceed twenty degrees.

(f) "Accompany" means the hunter with a disability and the designated hunter companion are in the physical presence of each other, not to exceed 1/4 mile separation. While stalking or shooting an animal, the hunter with a disability and the designated hunter companion must have a form of reliable and direct communication.

(g) "Special use permit" means a permit issued by the department to a person with a specific permanent disability as a reasonable accommodation. The special use permit allows for a specific act or acts to include, but not be limited to, use of adaptive mechanical, electrical, or specialty equipment or devices that aid the person in hunting.

(h) "Person with a disability" means:

(i) A person who has a permanent disability and is not ambulatory over natural terrain without a lower extremity prosthesis or must permanently use a medically prescribed assistive device for mobility, including, but not limited to, a wheelchair, crutch, cane, walker, or oxygen bottle; or

(ii) A person who has a permanent disability and is physically incapable of holding and safely operating a firearm or other legal hunting device.

This definition includes, but is not limited to, persons with a permanent upper or lower extremity impairment who have lost the use of one or both upper or lower extremities, or who have a severe limitation in the use of one or both upper or lower extremities, or who have a diagnosed permanent disease or disorder which substantially impairs or severely interferes with mobility or the use of one or both upper or lower extremities for holding and safely operating a firearm or other legal hunting device; or

(iii) A person who is blind or visually impaired.

"Visually impaired" means central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than twenty degrees.

(2) The designated hunter companion must accompany the hunter with a disability when stalking or shooting game on behalf of the hunter with a disability. The hunter with a disability or the designated hunter companion must immediately cut, notch, or date any required tag. The tag must be affixed to the carcass of the game bird or animal as soon as is reasonably possible after killing the game.

(3) The designated hunter companion does not need to accompany the hunter with a disability while tracking an animal wounded by either hunter, or while tagging or retrieving a downed animal on behalf of the hunter with a disability.

(4) It is unlawful for a designated hunter companion to assist a hunter with a disability unless the designated hunter companion has the designated hunter companion identification card on his or her person.

(5) It is unlawful for a hunter with a disability to shoot from a motor vehicle, nonhighway vehicle or snowmobile unless the vehicle is stopped, the motor is turned off and the vehicle is not on or beside the maintained portion of a public highway. A disabled hunter vehicle identification placard must be displayed.

(6) It is unlawful for any person to possess a loaded firearm in a moving vehicle or to shoot a firearm, crossbow, or bow and arrow from, across, or along the maintained portion of a public highway.

(7) Game birds or game animals killed, tagged or retrieved by a designated hunter companion on behalf of a hunter with a disability do not count against the designated hunter companion's bag or possession limit.

(8) A designated hunter companion shooting game for or may be shooting game for a hunter with a disability must have a valid hunting license issued by Washington or another state.



[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), 232-12-828, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-10-040 (Order 03-85), 232-12-828, filed 4/30/03, effective 5/31/03. Statutory Authority: RCW 77.32.237. 96-03-084 (Order 96-07), 232-12-828, filed 1/18/96, effective 2/18/96.]




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232-12-830
Waters in which either a personal use freshwater or personal use saltwater fishing license is valid.
In the following described waters, it is lawful to fish for food fish and gamefish with a personal use freshwater license, saltwater license, or combination license:

(1) Those waters of the Columbia River downstream from a line between Rocky Point on the Washington shore and Tongue Point on the Oregon shore.

(2) Those waters of Grays Harbor described as Catch Record Card Area 2-2 in WAC 220-56-185, and seaward of any river mouth as defined in WAC 232-12-001(16) and 232-12-619(18).

(3) Those waters of Willapa Bay described as Catch Record Card Area 2-1 in WAC 220-56-185, and seaward of any river mouth as defined in WAC 232-12-001(16) and 232-12-619(18).



[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 232-12-830, filed 1/13/99, effective 2/13/99.]