PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-02-081.
Title of Rule: WAC 232-12-001 Definition of terms, 232-12-071 Buying or selling game unlawful, 232-12-141 Wild animal trapping, and 232-28-515 Trapping seasons and regulations.
Purpose: To amend WAC 232-12-001 Definition of terms, 232-12-071 Buying or selling game unlawful, 232-12-141 Wild animal trapping, and 232-28-515 Trapping seasons and regulations.
Statutory Authority for Adoption: RCW 77.12.040.
Statute Being Implemented: RCW 77.12.040.
Summary: Proposed amendments incorporate changes in state law associated with passage of Initiative 713. These changes essentially make an emergency rule adopted on December 7, 2000, permanent with some added refinement.
Reasons Supporting Proposal: Ensure compliance with and implementation of state law.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Proposed rule changes include three new definitions (two directly from the initiative and one that explicitly defines a padded foot-hold trap; the padded trap definition was not included in emergency rule), prohibition on sale of animals or furs taken with body-gripping traps, and prohibition on use of body-gripping traps except under special permit.
The purpose is to make WACs consistent with new state law.
Because an emergency rule is already in place, there should not be additional effects beyond those brought on by the initiative.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.
Hearing Location: Ramada Inn, International Airport, 8909 Airport Road, Spokane, WA 99219, (509) 838-5211, on April 6-7, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by March 30, 2001, TDD (360) 902-2207, or (360) 902-2267.
Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 30, 2001.
Date of Intended Adoption: April 6, 2001.
February 21, 2001
Evan Jacoby
Rules Coordinator
(1) A "valid" license, permit, tag, stamp or catch record card means a license, permit, tag, stamp, or catch record card that was issued to the bearer for the current season and is required to hunt, fish or possess wildlife and has not been altered except as provided by rule of the commission.
(2) "Falconry" means possession, control, or use of a raptor for the purpose of hunting and free flight training.
(3) "Anadromous game fish" means:
(a) Steelhead trout, Oncorhynchus mykiss, defined as any searun rainbow trout over twenty inches in length
(b) Searun cutthroat, Oncorhynchus clarkii
(c) Searun Dolly Varden, Salvelinus malma
(4) "Handgun" means any pistol, revolver or short firearm with a barrel length of less than sixteen inches and does not have a shoulder stock.
(5) "Body-gripping trap" means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
(6) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
(7) "Padded foot-hold trap" means a trap designed and set to grip the foot of a wild animal, both jaws of which are covered with rubber pads having a minimum thickness of one-eighth inch.
[Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), 232-12-001, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), 232-12-001, filed 3/30/99, effective 5/1/99. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 232-12-001, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, 232-12-001, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 77.12.040. 97-07-076 (Order 97-50), 232-12-001, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), 232-12-001, filed 5/13/96, effective 6/13/96; 95-05-008 (Order 95-11), 232-12-001, filed 2/1/95, effective 5/1/95. Statutory Authority: RCW 77.04.055 and 77.12.040. 93-21-070 (Order 617), 232-12-001, filed 10/20/93, effective 4/16/94; 92-01-084 (Order 524), 232-12-001, filed 12/16/91, effective 4/16/92. Statutory Authority: RCW 77.12.040. 89-10-026 (Order 387), 232-12-001, filed 4/26/89. Statutory Authority: RCW 77.12.040 and 77.16.010. 86-21-017 (Order 280), 232-12-001, filed 10/6/86. Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), 232-12-001, filed 10/22/81; 81-12-029 (Order 165), 232-12-001, filed 6/1/81. Formerly WAC 232-12-010.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 177, filed 1/28/82)
WAC 232-12-071
Buying or selling game unlawful.
Unless
prohibited by federal regulations, nonedible parts of wild
animals, game birds or game fish lawfully taken may be offered
for sale, sold, purchased or traded, except,
It is unlawful to knowingly offer for sale, sell, purchase
or trade the following unless authorized by a written permit
issued by the director: ((cougar, mountain sheep, mountain goat,
velvet antlers of deer or elk or the gall bladder, claws and
teeth of bear, except those claws and teeth permanently attached
to a full bear skin or mounted bear, unless the offer for sale,
sale, purchase or trade is authorized by a written permit issued
by the director.))
(1) nonedible parts of cougar, bighorn sheep, or mountain goat
(2) velvet antlers of deer or elk
(3) gall bladder, claws, and teeth of bear, except those claws and teeth permanently attached to a full bear skin or mounted bear.
(4) the raw fur of a wild animal, or the wild animal itself, if the wild animal itself has been trapped in this state with a body-gripping trap.
[Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), 232-12-071, filed 1/28/82; 81-12-029 (Order 165), 232-12-071, filed 6/1/81. Formerly WAC 232-12-171.]
(2) Any wildlife trapped for which the season is not open shall be released unharmed. Any wildlife that cannot be released unharmed must be left in the trap, and the department of fish and wildlife must be notified immediately.
(3) Lawfully trapped wild animals must be lethally dispatched or immediately released. A firearm may be used to dispatch trapped animals.
(4) It is unlawful to trap for wild animals:
(a) ((By any means other than padded foot-hold traps having
a minimum rubber pad thickness of one-eighth inch, unpadded
foot-hold traps, cage (live) traps, kill traps and snares.)) with
body-gripping traps, EXCEPT as provided for in subsection (b).
(((b) With an unpadded foot-hold trap, unless the trap has
jaws with a minimum jaw face width of one-fourth inch, or the
trap is set so that it completely submerses and drowns any
trapped animal, except that unpadded foot-hold traps not meeting
the one-fourth inch jaw face requirement may be used on
nondrowning sets on private property with landowner permission
for the purpose of protecting livestock, domestic animals,
private property, or public safety.
(c) With a steel trap having a jaw spread exceeding seven and one-half inches, except that a kill trap having a jaw spread exceeding seven and one-half inches is lawful when set beneath the water surface.
(d) On dry land, with a nondrowning set with a No. 3 size or larger unpadded foot-hold trap if it does not have jaw spacing of at least three-sixteenth of one inch when the trap is sprung,
(e) With a steel trap with teeth or serrated edges.))
(b) Conibear-type traps in water, non-strangling foot snares, and padded foot-hold traps may be used for the following purposes with a permit issued by the Director:
(i) To protect public health and safety, in consultation with the Department of Social and Health Services or the United States Department of Health.
(ii) To abate a threat of or damages caused to private property, domestic animals, livestock or timber, that cannot be reasonably abated by nonlethal control tools, if such tools can be reasonably applied. Any person requesting a damage control permit must apply in writing, stating the threat or damages, the nonlethal control methods attempted or why they cannot be applied, and agree to use the above traps for no more than thirty days under the permit granted.
(iii) To protect threatened or endangered species, if such traps are used by Department employees or agents.
(iv) To conduct wildlife research, EXCEPT that Conibear-type traps are prohibited for this purpose.
(((f))) (c) Unless kill traps((, including foot-hold
drowning sets,)) are checked and animals removed within
seventy-two hours.
(((g))) (d) Unless animals captured in restraining traps
(any nonkilling set) are removed within twenty-four hours of
capture.
(((h) With a neck or body snare attached to a spring pole or
any spring pole type of device.))
(((i))) (e) Using game birds, game fish or game animals for
bait, except nonedible parts of game birds, game fish or game
animals may be used as bait.
(((j))) (f) Within thirty feet of any exposed meat bait or
nonedible game parts which are visible to flying raptors.
(5) Game bird feathers may be used as an attractor.
[Statutory Authority: RCW 77.12.040. 00-20-032 (Order 00-197), 232-12-141, filed 9/27/00, effective 10/28/00; 99-17-034 (Order 99-118), 232-12-141, filed 8/11/99, effective 9/11/99; 98-01-207 (Order 97-253), 232-12-141, filed 12/23/97, effective 10/1/98; 92-18-083 (Order 563), 232-12-141, filed 9/2/92, effective 10/3/92; 90-19-097 (Order 460), 232-12-141, filed 9/19/90, effective 10/20/90; 87-15-082 (Order 293), 232-12-141, filed 7/20/87; 81-12-029 (Order 165), 232-12-141, filed 6/1/81. Formerly WAC 232-12-310.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 00-197, filed 9/27/00,
effective 10/28/00)
WAC 232-28-515
Trapping seasons and regulations.
Trapping
Regulations
To be issued your first Washington State trapping license an
individual must pass the Washington State trapper education exam.
A trapping license will only be issued to a trapper that has
returned the mandatory trapper report of catch postmarked on or
before April 10 of the previous year. A trapper that fails to
submit a report of catch must wait one year before purchasing
another trapping license. False reports will be considered the
same as failure to return the catch report.
It is unlawful to: Trap for wild animals before October 1, and
after March 15, in western Washington, except that owners of, or
persons legally controlling a property (or their designee) may
trap unclassified wild animals that are causing damage or
depredating on said property.
It is unlawful to: Place traps or establish drowning wires and
weights prior to 7:00 a.m. on the opening date of the trapping
season. All opening and closing season dates are inclusive.
Trapping Seasons:
General Western Washington Trapping Seasons (Clallam, Clark,
Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis,
Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish,
Thurston, Wahkiakum, Whatcom counties):
SPECIES |
OPENING DATE |
CLOSING DATE |
| Bobcat, Red Fox, and Weasel | November 18, 2000 November 17, 2001 November 16, 2002 |
February 15, 2001 February 15, 2002 February 15, 2003 |
| Marten, Mink, Muskrat, and Raccoon | November 18, 2000 November 17, 2001 November 16, 2002 |
January 31, 2001 January 31, 2002 January 31, 2003 |
| Beaver and River Otter | December 9, 2000 December 8, 2001 December 14, 2002 |
February 15, 2001 February 15, 2002 February 15, 2003 |
Game Management Unit 522 (Loo-wit) (Cowlitz and Skamania
counties) is closed to all trapping.
Island County
The red fox season is closed.
Lewis County
Green River drainage, above and including Miners Creek drainage, is closed to all trapping except for bobcat and coyote.
Skagit and Whatcom counties
Ross Lake National Recreation Area is closed to all trapping. Red fox season is closed, except within the boundaries of Mount Baker-Snoqualmie and Okanogan National Forests.
Skamania County
The following areas are closed to all trapping, except for bobcat and coyote: Muddy River drainage, above and including Bean Creek drainage; Pine Creek drainage above USFS Road 83; and Green River drainage, above and including Miners Creek drainage.
General Eastern Washington Trapping Seasons (Adams, Asotin,
Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille,
Spokane, Stevens, Walla Walla, Whitman, and Yakima counties):
SPECIES |
OPENING DATE |
CLOSING DATE |
|
| Badger, Beaver, Bobcat, Mink, Muskrat, Raccoon, Red Fox, and Weasel | November 11, 2000 November 10, 2001 November 9, 2002 |
February 28, 2001 February 28, 2002 February 28, 2003 |
|
| Marten | December 15, 2000 December 15, 2001 December 15, 2002 |
January 31, 2001 January 31, 2002 January 31, 2003 |
|
| River Otter (Season Bag Limit is 6 River Otter in Eastern Washington) |
November 11, 2000 November 10, 2001 November 9, 2002 |
February 28, 2001 February 28, 2002 February 28, 2003 |
River otter trapping season is closed in all Eastern Washington
counties, except that it is open in Chelan, Ferry, Klickitat,
Kittitas, Okanogan, Pend Oreille, Spokane, Stevens, and Yakima
counties, as well as in the Snake and Walla Walla River
drainages.
Chelan County
Beaver season is closed in Swakane and Mudd Creek drainages.
Kittitas County
Beaver season is closed in the following drainages: North fork of Tarpiscan Creek and Umtanum Creek.
Urban Trapping Areas: Special Regulations and Trap Restrictions
The following described areas are closed to the taking of
classified furbearing animals, and coyote, opossum, nutria, and
skunk, by the use of body-gripping or ((foot-hold,)) kill((, or
snare)) traps ((except muskrat and mink may be taken with a
number one and one-half foot-hold drowning set or a 110 instant
kill trap during lawful trapping seasons as established by the
fish and wildlife commission. In these areas all traps or
devices, not capable of killing the animal must be checked and
the animal removed within 24 hours.)) except by permit under WAC 232-12-141.
Thurston County, within the established city limits (including
county islands) of Lacey, Olympia, and Tumwater.
Within Snohomish, King, and Pierce counties: Beginning at the
confluence of Snohomish River and Puget Sound; east up Snohomish
River to Interstate 5 (I-5); south on I-5 to Interstate 405
(I-405); south on I-405 to I-5; south on I-5 to Pioneer Way; east
on Pioneer Way to Waller Road; south on Waller Road to SR 512;
west on SR 512 to Highway 7; south on Highway 7 and Highway 507
to Pierce County line; north on Pierce County line to Puget
Sound; north along coast to mouth of Snohomish River and point of
beginning.
[Statutory Authority: RCW 77.12.040. 00-20-032 (Order 00-197), 232-28-515, filed 9/27/00, effective 10/28/00; 98-01-208 (Order 97-252), 232-28-515, filed 12/23/97, effective 1/23/98.]