PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-02-081.
Title of Rule: WAC 232-12-004 Classification of wild birds, 232-12-007 Classification of wild animals, 232-12-027 Game farm license provisions, and 232-12-271 Criteria for planting aquatic plants and releasing wildlife.
Purpose: To amend WAC 232-12-004 Classification of wild birds, 232-12-007 Classification of wild animals, 232-12-027 Game farm license provisions and 232-12-271 Criteria for planting aquatic plants and releasing wildlife.
Statutory Authority for Adoption: RCW 77.12.040 and 77.12.020.
Statute Being Implemented: RCW 77.12.040 and 77.12.020.
Summary: Proposed amendments will update nomenclature and correct spelling of animals names based on recognized authorities for ornithology (American Ornithologists' Union) and mammalogy (National Museum of Natural History, Smithsonian Institution). Proposed amendments do not change intent of implementation of existing WACs.
Reasons Supporting Proposal: Update WACs to match currently recognized scientific classification of wild animals and birds. Increase credibility through use of appropriate, current nomenclature.
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 are strictly housekeeping in nature, updating current nomenclature and correcting spelling of animals names in four different WACs.
The purposes is to make WACs consistent with recognized scientific classification and nomenclature.
Because the proposed changes are designed only to clarify existing rules, effects will likely be minor, but should include reduction of confusion among customers and increased credibility of WDFW and the commission.
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
| Common Name | Scientific Name |
| migratory waterfowl | Anatidae |
| wild turkey | Meleagris gallopavo |
| blue grouse | Dendragapus obscurus |
| spruce grouse | (( |
| ruffed grouse | Bonasa umbellus |
| "Forest grouse" means blue, spruce, or ruffed grouse |
|
| sharp-tailed grouse | Tympanuchus phasianellus |
| (( |
(( |
| white-tailed ptarmigan | Lagopus leucurus |
| California quail | Callipepla (( |
| mountain quail | Oreortyx pictus |
| northern bobwhite
(( |
Colinus virginianus |
| scaled quail | Callipepla squamata |
| chukar | Alectoris chukar |
| ring-necked pheasant | Phasianus colchicus |
| Gray (Hungarian) partridge | Perdix perdix |
"Upland bird" means quail, chukar, pheasant, or partridge |
|
| American coot | Fulica americana |
| common snipe | (( |
| band-tailed pigeon | Columba fasciata |
| mourning dove | (( |
| Common Name | Scientific Name |
| black-billed magpie | Pica (( |
| American crow | Corvus brachyrhynchos |
| European starling | Sturnus vulgaris |
| (( |
Passer domesticus |
[Statutory Authority: RCW 77.12.020 and 77.12.040. 91-11-006 (Order 491), § 232-12-004, filed 5/2/91, effective 6/2/91. Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), § 232-12-004, filed 10/22/81; 81-12-029 (Order 165), § 232-12-004, filed 6/1/81. Formerly WAC 232-12-030.]
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 614, filed 10/14/93, effective
11/14/93)
WAC 232-12-007
Classification of wild animals
(1) Game
animals include:
| Common Name | Scientific Name |
| eastern cottontail | Sylvilagus floridanus |
| Nuttall's cottontail | Sylvilagus nuttallii |
| snowshoe hare | Lepus americanus |
| white-tailed jackrabbit | Lepus townsendii |
| black-tailed jackrabbit | Lepus californicus |
| fox | Vulpes vulpes |
| black bear | Ursus americanus |
| raccoon | Procyon lotor |
| cougar | (( |
| bobcat | Lynx rufus |
| Roosevelt and Rocky Mountain elk |
Cervus elaphus |
| mule deer and black-tailed deer |
Odocoileus hemionus |
| white-tailed deer | Odocoileus virginianus |
| moose | Alces alces |
| pronghorn | Antilocapra americana |
| mountain goat | Oreamnos americanus |
| California and Rocky Mountain bighorn sheep |
Ovis canadensis |
| bullfrog | Rana catesbeiana |
| Common Name | Scientific Name |
| beaver | Castor canadensis |
| muskrat | Ondatra zibethicus |
| fox | Vulpes vulpes |
| raccoon | Procyon lotor |
| marten | Martes americana |
| short-tailed weasel or ermine |
Mustela erminea |
| long-tailed weasel | Mustela frenata |
| mink | Mustela vison |
| badger | Taxidea taxus |
| river otter | Lutra canadensis |
| bobcat | Lynx rufus |
[Statutory Authority: RCW 77.12.020 and 77.12.040. 93-21-025 (Order 614), § 232-12-007, filed 10/14/93, effective 11/14/93; 91-11-007 (Order 492), § 232-12-007, filed 5/2/91, effective 6/2/91. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-007, filed 9/9/82; 81-22-002 (Order 174), § 232-12-007, filed 10/22/81; 81-12-029 (Order 165), § 232-12-007, filed 6/1/81. Formerly WAC 232-12-040.]
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 520, filed 11/22/91, effective
12/23/91)
WAC 232-12-027
Game farm license provisions.
It is
unlawful to operate a game farm without a current, valid
Washington state game farm license.
(1) Game farms licensed prior to January 1, 1992, may continue to possess, propagate, sell and transfer wildlife they lawfully possess on January 1, 1992, by virtue of their license issued by the department. Transfers of wildlife other than those species listed under 2 are restricted to licensed game farms authorized by written license to possess said wildlife.
(2) Game farms licensed on or after January 1, 1992, may purchase, possess, propagate, sell or transfer the following wildlife:
(a) Game birds - pheasant, of the genus Phasianus; gray
partridge of the genus Perdix; chukar ((partridge)) of the genus
Alectoris; quail of the genus ((Lophorthyx)), Colinus,
Callipepla, and Oreortyx; waterfowl of the family Anatidae.
(3) Application for a game farm license shall be made on a form provided by the department.
(4) The director or designee of the director may issue, with conditions or restrictions, a game farm license, if the applicant meets the requirements of subsection (1) or (2) above and complies with the following criteria:
(a) The applicant is the owner or tenant of or has a possessory interest in the lands, waters, and riparian rights shown in the application.
(b) The rearing and holding facilities are adequate and structurally sound to prevent the egress of game farm wildlife.
(c) Operating conditions are clean and humane.
(d) No hazards to state wildlife exist from the operation.
(e) The license covers only the immediate premises and areas described on the application where wildlife will be held.
(5) Holders of a game farm license must make annual reports no later than the 15th of January to the director on forms to be furnished by the department.
(6) A licensed game farm must be inspected annually. All costs will be paid by the licensee. The inspection must occur during the months of June, July, or August. An inspection form will be provided by the department and must be completed and signed by a licensed veterinarian or an agent authorized by the department. The inspection form must accompany the annual report and be submitted to the director no later than the 15th day of January.
(7) A game farm license is not required for captive-bred mink, Mustela vison, and captive-bred silver fox, Vulpes fulva, lawfully acquired from a licensed breeder or fur farm and held for fur farming purposes.
[Statutory Authority: RCW 77.04.055, 77.12.040 and 77.12.570. 91-24-016 (Order 520), § 232-12-027, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 77.12.030, 77.12.040, 77.16.020 and 77.32.211. 85-20-127 (Order 258), § 232-12-027, filed 10/2/85. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-027, filed 9/9/82; 81-22-002 (Order 174), § 232-12-027, filed 10/22/81; 81-12-029 (Order 165), § 232-12-027, filed 6/1/81. Formerly WAC 232-12-070.]
(a) Application for a permit must be made on a form provided by the department. It must be submitted at least thirty days prior to acquisition of the wildlife or aquatic plants intended for release or planting, and must provide all information indicated.
(b) Permits will only be issued if the director determines there will be no adverse impact on the wildlife or wildlife habitat of the state.
(c) Each permit shall require that at least thirty days prior to planting or release of wildlife or aquatic plants they must be made available for inspection by the director. It shall be the responsibility of the applicant to show that the wildlife will not pose a disease threat. If the director is not satisfied that the wildlife or aquatic plants do not pose a disease threat, they shall not be released or planted in the state. Director approval for release or planting may be withdrawn for cause.
(d) Each permit shall require that an applicant intending to release wildlife in the state shall report immediately to the director the outbreak of any disease among the wildlife intended to be released. If the director determines that such outbreak presents a threat to the wildlife of the state, the director may immediately order such action as necessary including quarantine or destruction of stock, sterilization of enclosures and facilities, cessation of activities, and disposal of wildlife in a manner satisfactory to the director.
(e) Each permit shall require that wildlife to be released shall not be branded, tattooed, tagged, fin clipped or otherwise marked for identification without approval of the director or as required in WAC 232-12-044.
(f) Legally acquired pheasant of the genus ((Phasianus))
Phasianus; gray partridge of the genus ((Perdix)) Perdix; chukar
((partridge)) of the genus ((Alectoris)) Alectoris; quail of the
genus ((Lophorthyx,)) ((Callipepla)) Callipepla((,)) and
((Colinus)) Colinus; and ((mallard ducks of the species))
mallards ((Anas platyrhynchos)) (Anas platyrhynchos) may be
released without a permit for purposes of dog training, and
hunting pursuant to WAC 232-12-044. Game birds released for
these purposes must be purchased from facilities that have been
inspected by a certified veterinarian within the past twelve
months.
(2) Release by the director. The director may plant aquatic plants or release animal species, subspecies, or hybrids which have been planted or released previously in Washington if they do not pose a disease threat and if planting or release will not cause adverse impact on the wildlife or wildlife habitat of the state. Before releasing any species, subspecies, or hybrid of animal not already existing in the wild in Washington, the director shall report to the commission on the planned release, stating the basis for determining that the planned release fulfills the criteria set forth herein. The director may release nonnative species, subspecies, or hybrids not previously released in Washington only if the director in his or her sole discretion has determined that:
(a) There is no reasonable expectation of adverse impact on the wildlife or wildlife habitat of the state and there is an adequate plan for evaluating such impact following the release;
(b) The commission has classified the species, subspecies, or hybrids to be released pursuant to RCW 77.12.020;
(c) Suitable habitat is available;
(d) The nonnative species, subspecies, or hybrids to be released are free of exotic pathogens;
(e) The release serves the public interest.
[Statutory Authority: RCW 77.04.055, 77.12.040 and 77.16.150. 91-24-015 (Order 521), § 232-12-271, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 77.12.020, 77.12.040 and 77.16.150. 89-12-044 (Order 397), § 232-12-271, filed 6/2/89. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-271, filed 1/28/82; 81-12-029 (Order 165), § 232-12-271, filed 6/1/81. Formerly WAC 232-12-675.]
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.