Current through Register Vol. 24-18, September 15, 2024
(1)
Purpose. The purpose of the black bear timber damage permit is to
reduce damage to commercial timber caused by black bears peeling and consuming
tree parts resulting in permanent damage or death to the tree. Only the owner
of private commercial timber, or their designee may apply for a black bear
timber damage depredation permit. A black bear timber damage permit allows a
person to remove one or more black bears as conditioned on the permit. This
section does not apply to federal employees and agents while acting in their
official capacities for the purpose of protecting private property.
(2)
Black bear timber damage
definitions. As used in this section and in the context of black bear
damage removals for damage to commercial timber, the following definitions
apply:
(a) "Commercial timber" means trees
that are grown for wood or paper product production where the land for growing
is designated as forestland under RCW 84.33.130, or, as determined by WDFW
meets the definition listed in RCW 84.33.035(5).
(b) "Timber damage" means there is black bear
damage evidence on private commercial timber from springtime of the current
calendar year.
(c) "Removal" means
the act of killing one or more black bears.
(d) "Use of bait" means the use of a
substance placed, exposed, deposited, distributed, scattered, or otherwise used
for the purpose of attracting black bears to an area where one or more persons
hunt or intend to hunt them. Bait does not include supplemental feeding in
prior years.
(e) "Supplemental
feeding" means the establishment and operation of black bear feeding stations,
solely to prevent damage to commercial timber.
(f) "Use of dogs" means the use of one or
more dogs for hunting under a black bear timber damage permit, or the
possession of any dog while in the field under such permit.
(g) "Designated hunter" means a person who is
named in a permit to hunt a black bear on behalf of the timber owner.
(3)
Permit
conditions.
(a) All permits issued
under this section will be subject to the following conditions:
(i) Permittees and designated hunters must
only use the lawful methods and implements allowed for hunting black bears in a
general bear season;
(ii) Black
bears retained for personal use under a permit count toward the annual black
bear bag limit;
(iii) Black bears
accompanied by cub(s) shall not be removed;
(iv) The use of bait or use of dogs in
exercising the timber damage permit is prohibited;
(v) A black bear timber permit does not
authorize trespass;
(vi) The permit
is not valid on state or federally owned lands;
(vii) Supplemental feeding must cease, and
all visible feed on the ground or in containers must be removed within the
permit's designated damage hunt area boundary no later than January 1st of the
permit year;
(viii) If the permit's
designated damage hunt area is in a GMU located in grizzly bear recovery areas,
as identified by the department, permittees and designated hunters must carry
proof of successfully completing the annual WDFW online bear identification
test or equivalent test from another state;
(ix) Permittees and designated hunters must
be identified on, and possess the black bear timber damage permit, or a true
copy of the valid permit at all times and in places that black bears are being
hunted;
(x) Removals must be
reported within 24 hours of taking a bear in accordance with the procedures
established in the permit;
(xi) An
access or other fee may not be charged to any designated hunter using a bear
timber damage permit. Requiring a fully refundable key return deposit is not
prohibited;
(xii) A black bear
timber damage permit is only valid when signed by the permittee, any designated
hunter, and the department permitting representative;
(xiii) The black bear timber damage permit
belongs to the state of Washington and may not be transferred or
sold;
(xiv) A violation of any
condition of the permit may result in revocation of the permit and may render
the permittee(s) ineligible for future black bear timber permits as determined
by the department.
(b)
Based upon WDFW's evaluation of the permit application materials and local
environmental conditions, the department may establish permit-specific
conditions in individual permits including, but not limited to:
(i) The time, manner, and place the permit is
valid to remove one or more black bears;
(ii) The identity of the designated hunters
permitted to hunt under the permit;
(iii) Requirements for final disposition of
the black bear carcass, as a whole or any black bear parts;
(iv) The number of black bears that can be
removed under the permit; and
(v)
Procedures for reporting of any removals, including submission of biological
samples and reporting documents.
(4)
Applying for a black bear timber
damage permit.
(a) A commercial timber
owner, or their designee applicant must complete and submit an application
using the current application form to the department's wildlife conflict
section manager (or designee);
(b)
A complete permit application package must contain the following:
(i) Name, age, phone, and email for the
applicant;
(ii) List the timber
owner and relationship of the applicant to the timber owner;
(iii) Name, contact information for any
proposed designated hunters and a signed agreement that if a permit is issued,
the designated hunter would be acting under the direction of and on the
applicant's behalf;
(iv) Photos of
current timber damage from the site where the permit is being
requested;
(v) GPS coordinates for
the documented timber damage on the site;
(vi) A map denoting the proposed permit area,
the relative locations of documented timber damage, and the distance(s) and
direction(s) to any known continuing supplemental bear feeding sites;
(vii) An attestation that supplemental
feeding has not occurred within the area that the applicant is requesting to
hunt within since January 1st of the current year, and that no feeding is
occurring within the proposed permit boundary;
(viii) An attestation that public hunting
access was allowed within the requested damage permit area boundaries during
the general black bear hunting season within the hunting season immediately
prior to the permit request; and
(ix) Any additional information that WDFW
determines is necessary to make the required determinations in subsection (5)
of this section and to determine appropriate individual permit conditions under
subsection (3)(b) of this section.
(c) The applicant must contact the WDFW
wildlife conflict specialist at the appropriate geographic department regional
office to arrange for property access for a department representative to visit
the site and verify timber damage;
(d) The applicant may provide additional
supporting information as to the extent of damage if the department proposes
restrictions on a requested permit location or timing; and
(e) If the applicant seeks a permit in GMUs
located in grizzly bear recovery areas, as identified by the department, the
applicant and the proposed designated hunters must successfully complete the
annual WDFW online bear identification test or equivalent test from another
state and carry proof of successful completion.
(5)
WDFW required
determinations. Before the department issues a permit, the department's
wildlife conflict section manager (or designee) must find:
(a) The applicant has submitted a complete
application and completed all steps in the application process;
(b) The applicant is at least 18 years of age
and owns, is employed by, or leases commercial timber;
(c) Any proposed designated hunter, other
than the applicant, possesses a valid unexpired Washington bear hunting license
and tag;
(d) Reasonable belief that
timber damage will continue if a permit is not issued; and
(e) Permit issuance shall not impair the
department's ability to meet population objectives.
(6)
Permit denials. The
department may refuse to issue a black bear timber damage permit to an
applicant if:
(a) Within the last year of the
date of the application the applicant:
(i)
Failed to follow the conditions of a prior black bear timber permit;
(ii) Failed to report removal success from a
prior permit;
(b) The
application fails to meet any of the above application requirements for a
permit; or
(c) The department
determines the requested permit would create a safety risk and/or a
conservation concern.
(7)
Permittee-requested permit
amendments. A permit may not be changed, or altered without prior
approval by the department. A permittee, or their designee may submit a request
in writing for permit amendments. These changes, if approved by the
department's wildlife conflict section manager (or designee) in writing, may
include:
(a) Change, or addition of designated
hunter;
(b) Change to any
geographic area; and
(c) Change to
any permit-specific conditions developed pursuant to subsection (3)(b) of this
section.
(8)
Permittee-requested permit renewal. A permittee, or their designee
may submit a request in writing to the department's wildlife conflict section
manager (or designee) for permit renewal. The permittee must submit the
following documentation at least five days prior to the permit expiration date:
(a) A current, completed black bear timber
damage permit application form with the updated information; and
(b) Documentation demonstrating new or
continuing timber damage at the site.
(9)
Permit revocation. The
department may revoke a black bear timber damage permit for the following
reasons:
(a) Failure to follow any of the
conditions of a black bear timber permit;
(b) The department discovers an overarching
safety concern for the permit area;
(c) The department discovers a conservation
concern from continued use of the permit; or
(d) The department discovers false
information was provided when the person originally applied for the
permit.
(10)
Appeals. For any permittee or applicant whose permit is denied,
revoked, or modified under this section wishing to challenge a permitting
decision, the provisions of this subsection shall apply.
Informal resolution:
(a) If the permittee or applicant would like
to discuss a department permit denial, revocation, or modification, they may
request a meeting by notifying the department wildlife conflict section manager
in writing within 10 days of receiving the notice of department
action;
(b) A department
representative and the permittee or applicant will meet and attempt to come to
mutual resolution;
Formal resolution:
(c) If the parties do not reach a resolution
through informal discussions, or the permittee or applicant wishes to appeal
the department's permit denial, revocation, or modification, they may request
an administrative hearing within 30 days of the decision to appeal the
department's action. The department will administer such appeals in accordance
with chapter 34.05 RCW;
Manner and content of request for an administrative hearing.
Each request for adjudicative proceeding shall substantially comply with this
subsection.
(d) The request shall be
in writing;
(e) The request shall
identify the order that the person seeks to contest. This can be done by
reference to the number of the order, by reference to the subject and date of
the order, or by reference to a copy of the order attached to the
request;
(f) The request shall
state the grounds upon which the person contests the order. If the person
contests the factual basis for the order, the person shall allege the facts
that the person contends are relevant to the appeal; and
(g) The request shall identify the relief
that the person seeks from the adjudicative proceeding by specifying whether
the person asks to have the order vacated, or provisions of the order
corrected.
(11) A
violation of this section is punishable under the appropriate statute,
depending on the circumstances of the violation, including RCW 77.15.160(6),
77.15.410, 77.15.245, and 77.15.750(1).
(12) Nothing within this section limits the
department in the exercise of its existing lawful authority to manage black
bears for research, safety, protection of property from damage, including
timber damage, or any other management purpose.
