Current through Register Vol. 24-24, December 15, 2024
(1) Definitions:
As used in this section and in the context of public safety
cougar removals, the following definitions apply:
(a) "Confirmed" means qualified department
staff is led to believe a cougar(s) was at the scene of the incident by
interview of the complainant or observation of evidence at the scene.
(b) "Human-cougar safety incident" means
aggressive or unusual behavior by a cougar which presents an actual or
perceived threat to an individual.
(c) "Livestock or pet depredation" means
incidents where livestock and/or pets are killed and/or injured by
cougar.
(d) "Nuisance activity"
means incidents associated with property disturbance, property damage, or
livestock/pet harassment.
(e)
"Public safety need" means there exists a reasonable threat to human safety or
property by one or more cougar, as indicated by the level of confirmed
human-cougar safety incidents or livestock/pet depredations.
(f) "Removal" means the act of killing one or
more cougar with the aid of dogs.
(g) "Sighting" means a confirmed direct
observation of one or more cougar, in urban or rural settings, near individuals
or residences; typically more than chance observations.
(h) "Human-cougar interaction" means a
confirmed human-cougar safety incident, or confirmed livestock or pet
depredation.
(i) "Dog hunter" means
a person that owns and hunts with dogs that are capable of detecting, tracking
and treeing a cougar.
(2) Public safety cougar removal
authorization: The commission authorizes the director to issue public safety
cougar removal permits consistent with this rule. Prior to issuing public
safety cougar removal permits, the department shall use other practical
alternatives to address a public safety need, including livestock or pet
depredations. Other practical alternatives may include, but are not limited to,
general cougar hunting seasons, general public information, educational
programs, information to recreational hunters, cougar depredation/kill permits,
and department capture and relocation/euthanasia of specific cougars.
(3) Public safety cougar removal criteria:
(a) The commission determines that when the
above practical alternatives have been utilized within a game management unit,
an annual or seasonal increase in confirmed human-cougar interactions above the
2005-2010 level, therein demonstrates that the practical alternatives have been
inadequate to address the public safety need. The director then is authorized
by the commission to remove one or more cougar, with the aid of dogs, in a
selected area of that game management unit or nearby geographic area suitable
for the use of dogs. The commission authorizes the director to remove one
cougar per three hundred square kilometers of complaint area.
(b) If warranted by conditions of this rule,
a public safety cougar removal(s) will be conducted annually between December
1st and March 31st in selected areas of game management units designated by the
director to address a public safety need presented by one or more
cougar.
(c) The department shall
not target more than one hundred nine cougar during a public safety cougar
removal period unless otherwise authorized by the commission.
(4) Public safety cougar removal
permit issuance procedure.
(a) To participate
in a public safety cougar removal, individuals must request that his/her name
be placed on a list of available participants (participant list) by mailing
their request to Washington Department of Fish and Wildlife, Enforcement
Program - Public Safety Cougar Removal, 600 Capitol Way North, Olympia, WA
98501-1091. The request must include the individual's name, address, phone
number, and game management units being applied for. Individuals may apply for
no more than four game management units. An individual's request to be placed
on a participant list for a removal period must be postmarked no later than
October 15, or be received at the department's Olympia office no later than
5:00 p.m. on October 15, during the year the removal period begins.
(b) To be eligible for a public safety cougar
removal permit (permit), the participant must be a Washington resident dog
hunter who, at the time of application for a permit, possesses a valid big game
license with cougar as a species option. The permit holder must use dogs while
participating in a cougar management removal.
(c) Individuals eligible for participation in
a public safety cougar removal will be randomly selected from the participant
list. The department will issue a permit to the person whose name is selected
from the participant list. Individuals selected will be notified by telephone
or mail. Individuals selected must contact the department's enforcement program
in Olympia and accept the public safety cougar removal permit within fifteen
days of being notified. Failure to contact the department will result in
forfeit of the permit and the individual will be placed on the participant list
for later selections. Permits may not be sold or reassigned.
(d) Permit holders and all individuals who
will accompany the permit holder must complete the department's public safety
cougar removal education course prior to participating in a public safety
cougar removal.
(5)
Public safety cougar removals: Quota system and participation in public safety
cougar removal.
(a) This is a public safety
cougar removal administrated by a WDFW designated coordinator. Permit holders
will be contacted on an as-needed basis to conduct removals in portions of
GMUs. Not all permit hunters will be contacted in a given year.
(b) Public safety cougar removals will be
based on a quota system, where permit holders may hunt cougar until the
allotted numbers of cougar have been killed from each game management unit or
March 31, whichever is first.
(c)
To verify if the public safety cougar removal season is open or closed in each
game management unit, the permit holders shall notify the department's
enforcement program in Olympia within twenty-four hours prior to exercising a
public safety cougar removal permit.
(d) No more than four total individuals may
participate per public safety cougar removal, including the permit holder(s).
Only the permit holder, whose name appears on the permit, may take a
cougar.
(e) Hunters killing a
cougar during a public safety cougar removal must notify the department's
enforcement program in Olympia within twenty-four hours after harvesting the
cougar.
(f) The department reserves
the right to accompany permit holders while participating in a public safety
cougar removal.
(6)
Public safety cougar removal general requirements.
(a) A valid big game hunting license which
includes cougar as a species option is required to hunt cougar.
(b) It is unlawful to kill or possess spotted
cougar kittens or adult cougars accompanied by spotted kittens. Individuals
selected for a public safety cougar removal permit may take one cougar per
permit.
(c) Hunters may use any
lawful big game modern firearm, archery, or muzzleloader equipment for hunting
cougar. The use of dogs to hunt cougar is prohibited except during a public
safety cougar removal.
(d) Any
person who takes a cougar must notify the department within twenty-four hours
of kill (excluding legal state holidays) and provide the hunter's name, date
and location of kill, and sex of animal. The raw pelt of a cougar must be
sealed by an authorized department employee within seventy-two hours of the
notification of kill. Any person who takes a cougar must present the cougar
skull, in such a manner that teeth and biological samples can be extracted, to
an authorized department employee at the time of sealing.
(e) The public safety cougar removal permit
(permit) belongs to the state of Washington. The permit holder may be required
to return to or turn over to the department the permit when, in the judgment of
the department, the permit holder violates any conditions of the permit,
violates trespass laws while acting under this permit, or violates any other
criminal law or hunting regulation of the state while acting under this permit.
If the permit holder is required to return to or turn over to the department
the permit, the permit holder may request an appeal of that action in
accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and
returned within twenty days of the date of action and be addressed to WDFW
Legal Services Office, 600 Capitol Way North, Olympia, Washington
98501-1091.
Statutory Authority:
RCW
77.12.047. 12-11-005 (Order 12-70), §
232-12-243, filed 5/2/12,
effective 6/2/12. Statutory Authority:
RCW
77.04.012,
77.04.055,
77.12.047,
77.15.245, and 2007 c 178.
11-19-074, §
232-12-243, filed 9/16/11,
effective 10/17/11. Statutory Authority:
RCW
77.12.047, 77.12.040,
77.12.020,
77.12.570,
77.12.210. 08-17-034 (Order
08-197), §
232-12-243, filed 8/13/08,
effective 9/13/08. Statutory Authority:
RCW
77.12.047. 04-21-036 (Order 04-284), §
232-12-243, filed 10/14/04,
effective 11/14/04; 03-17-037 (Order 03-186), §
232-12-243, filed 8/14/03,
effective 9/14/03; 02-17-013 (Order 02-183), §
232-12-243, filed 8/9/02,
effective 9/9/02; 01-20-011 (Order 01-198), §
232-12-243, filed 9/20/01,
effective 10/21/01.
