Illegal to hunt coyotes at night.

[Kain]

They are trying to back door ban coyote hunting at night.  What to do?

N K to enforcement-web
show details Nov 22 (9 days ago)
Many units modern firearms seasons are over or will be this week.  Can I start night hunting for coyotes, bobcats and raccoons?  The regs on this are confusing.

Thank you for your time.
--
Naithan Kain

Hello and thank you for contacting the Washington State Department of Fish & Wildlife, Enforcement Program.
 
Per page 66 of the big game hunting pamphlet, as long as you are hunting outside the months of September, October, or November and you are not in an area open to any center fire rifle deer/elk season, you are fine for bobcat/raccoon, but not coyote.  Although the pamphlet mentions that you can, the WAC does not support it.  Additionally, you can find this regulation under WAC 232-12-289 http://apps.leg.wa.gov/wac/default.aspx?cite=232-12-289
 
Thank you,
 
Sean Carrell
WDFW, Enforcement Program
360-902-2936
FAX: 360-902-2155

N K to Enforcement
show details Nov 23 (8 days ago)
I looked at the WAC you provided and it only applies to "OFFICIAL HUNTING HOURS FOR GAME ANIMALS AND FOREST GROUSE*".  It makes an exception for bobcats and raccoons but not for coyotes because they are not "game" animals.  According to WAC 232-12-007 coyotes are not game animals so the legal hunting hours would not apply to them.  http://apps.leg.wa.gov/wac/default.aspx?cite=232-12-007  

http://wdfw.wa.gov/living/coyotes.html#legal
"Legal Status

The Washington Department of Fish and Wildlife does not classify coyotes as game animals, but a state license is required to hunt or trap them (RCW 77.32.010). The owner, the owner's immediate family, employee, or a tenant of real property may kill or trap a coyote on that property if it is damaging crops or domestic animals (RCW 77.36.030). A license is not required in such cases. Check with your county and/or local jurisdiction for local restrictions. Except for bona fide public or private zoological parks, persons and entities are prohibited from importing a coyote into Washington State without a permit from the Department of Agriculture and written permission from the Department of Health. Persons and entities are also prohibited from acquiring, selling, bartering, exchanging, giving, purchasing, or trapping a coyote for a pet or export (WAC 246-100-191)."

Just to clarify: I have to wait until Dec 1st to start night hunting bobcats, raccoons and coyote even though there is no center fire rifle deer or elk season open?  If I wanted to hunt the Battleground unit at night I would be fine as long as there is no modern firearms season open because that unit is never open to center fire rifle seasons.  True?    

Thanks for you time,
Naithan Kain

Hey Lori -
 
Nathain is pretty articulate regarding this inquiry, but I'm not sure if his assumption is correct.  Maybe so.  What do you think?
 
Thank you,
 
Sean Carrell
WDFW, Enforcement Program
360-902-2936
FAX: 360-902-2155

Preuss, Lori (DFW) to Enforcement, me
show details 8:37 AM (28 minutes ago)
Hi, Naithan.  It is illegal to hunt coyote at night, but WDFW’s laws and rules about this are conflicting.  Coyote are included in the definition of “wildlife” in RCW 77.08.010(63).  However they are not defined as “game animals” in WAC 232-12-007.  To further confused the issue, they are included in WAC 232-28-342, which sets the seasons for small game.  This WAC does not allow night hunting of coyote.
We will fix this discrepancy.  In the meantime, to be safe, you shouldn’t hunt coyote at night.
Please let me know if you have any questions.
 

[WAcoyotehunter]

  give me a break....

[Bob33]

"grey area".  I'd check with the local enforcement officers and see how they interpret the law.  If they're OK with night hunting, I would do it.  

[dirty24d]

wtf???       What a hot mess...

[Big10gauge]

QUOTE "To further confused the issue, they are included in WAC 232-28-342, which sets the seasons for small game.  This WAC does not allow night hunting of coyote."

I am not reading that in the WAC 232-28-342 does not allow hunting of coyote at night. Am I missing that?

All I can see is this

It is unlawful to hunt any wildlife at night or wild animals with dogs (hounds) during the months of September, October, or November in any area open to a modern firearm deer or elk season. The use of hounds to hunt black bear, cougar (EXCEPT by public safety cougar removal permit (WAC 232-12-243) or a commission authorized hound permit (WAC 232-28-285)), coyote, and bobcat is prohibited year round.



Also maybe she means that they will fix the discrepancy to allow night hunting?  

[whacker1]

Kain,

Not sure if you have responded to Lori.  But I would respond with "ask for clarification" on their intent to "fix" the discrepancy.  People have been hunting Coyotes at night for years, and if they intend to do away with it we need to know now.  I disagree with Lori's interpretation.

just my two cents on the moving forward.
 
frustrating that they can't come out and make the statement.

[Kain]

Kain,

Not sure if you have responded to Lori.  But I would respond with "ask for clarification" on their intent to "fix" the discrepancy.  People have been hunting Coyotes at night for years, and if they intend to do away with it we need to know now.  I disagree with Lori's interpretation.

just my two cents on the moving forward.
 
frustrating that they can't come out and make the statement.

I have not responded yet.  I am trying to calm down a little first.  I will send a polite letter asking for clarification on which direction the clarifications are going.  I know a few of you have letters from WDFW officers regarding night hunting coyotes, can you post a copy here.

[Kain]

My email.  I will let you know the response.  After that I will wait and see what the rest of you want to do.  I get the impression she is trying to say WAC 232-28-342 set the rules for small game, and it includes coyotes, that that makes them a "game" animal.  If she can say they are a "game" animal then there is no exception in the legal hunting hours for hunting coyotes at night.  The definition of game animal does not include coyotes so that is a very weak argument but she seems to have a real hard on for ending night hunting.

Lori,  

Thank you for the response.  I read WAC 232-28-342 and I am not seeing where it prohibits night hunting for coyotes.  Can you please clarify which part you are referring to.  Could you also clarify on what you mean fixing the discrepancy.  Is that to continue to allow coyote hunting at night or to make it illegal?  

Thanks again for the response.
Naithan Kain

[Machias]

I got this from Sean Carroll several months ago:

As per page 56 of the big game pamphlet, coyote may be hunted at night EXCEPT that it is unlawful to hunt any wildlife at night during the months of September, October, or November in any area open to a centerfire rifle deer or elk season.   
 
Thank you,
 
Sean Carrell
WDFW, Enforcement Program
360-902-2936
FAX: 360-902-2155

[bobcat]

When she says "we will fix this discrepancy" I have to assume that she means they will make the law more clear that coyote hunting at night is illegal, as it sounds like that is how SHE wants it to be.   

[Skycruiser]

Here's part of an email from Lori Preuss on April 6th:

"We have not yet formulated any changes to our nighttime hunting rule, and we may not change anything at all.  If we do, you will see it on the Internet at our Website on June 23rd, and you will be able to testify at the Fish and Wildlife Commission meeting in August if you want to.  Again, we haven’t done anything at this point, and we may decide to scrap any changes.  I’ll keep you updated."

Subsequently she sent me an email saying that they had decided to forgo any changes in the night hunting rules for this year. Regrettably, I deleted it.

These people are literally OUT OF CONTROL.

[Kain]

Here's part of an email from Lori Preuss on April 6th:

"We have not yet formulated any changes to our nighttime hunting rule, and we may not change anything at all.  If we do, you will see it on the Internet at our Website on June 23rd, and you will be able to testify at the Fish and Wildlife Commission meeting in August if you want to.  Again, we haven’t done anything at this point, and we may decide to scrap any changes.  I’ll keep you updated."

Subsequently she sent me an email saying that they had decided to forgo any changes in the night hunting rules for this year. Regrettably, I deleted it.

These people are literally OUT OF CONTROL.

I have a copy of it.  They had no support for it so now they are trying to back door a ban.

Hello.  I told all of you months ago that I would be drafting proposed changes to our night-hunting rule and would send you the draft for review.  After much discussion between the Washington Department of Fish and Wildlife (WDFW) Enforcement Program and WDFW’s Wildlife Program, we have decided to hold off on making changes, if any, to this rule until early 2012.  That is when the Wildlife Program will be considering amendments to many of the hunting rules as part of their 3-year cycle.   To see the proposed hunting rule changes in early 2012, or to check the status of current rules in development at any given time, go to the “Current Rule Making Activity” page of WDFW’s website at http://wdfw.wa.gov/about/regulations/development.html.
 
 
Lori Preuss, WSBA #33045
WDFW Criminal Justice Liaison &
Administrative Regulations Coordinator
Lori.preuss@dfw.wa.gov
360.902.2930
Fax 360.902.2155

[Kain]

 

Preuss, Lori (DFW) to me, Enforcement
show details 10:56 AM (4 minutes ago)

Hi, Naithan.  In WAC 232-28-342, there are “Exceptions” to the official hunting hours for game animals and forest grouse.  It says, “Bobcat and raccoon are exempt from hunting hour restrictions during established bobcat and raccoon seasons…”  It doesn’t mention coyote, and that’s how we know you can’t night-hunt coyote.
I would like to change the WAC to allow night-hunting of coyote.  However, the governor just ordered all state agencies to stop rule-making, except in very specific circumstances where rules are necessary to prevent immediate threat to wildlife, to generate revenue, etc.  Her moratorium on rule-making covers all of 2011.  So, if and when we change the rule, whether it is to allow night-hunting of coyote or not, it won’t happen until 2012.
I hope this helps.

[JackOfAllTrades]

frustrating that they can't come out and make the statement.

They can't make a statement because the WAC's are conflicting. Its not like anyone within WDFW can override them. The WAC's are enforced as law.

This issue should be brought up to the state Attorney General's office for clarity, and have the conflicting WAC's modified per the original intent of the laws as they were written. You could also bring this issue to your local legislative representative. The no night hunting of yotes during modern firearm deer and elk seasons was both to aid in safety of hunters in the field and discourage deer and elk hunters from being able to shoot big game beyond the posted daylight shooting hours.

-Steve

[Machias]

BS!!

That's not directed at you Steve.

I have an e-mail from Sean Carroll that says yote hunting at night is legal, I will carry it with me while I continue to night hunt for yotes.  I'll also show it in court if I ever have to.