Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-10-078.

     Title of Rule: Trapping permits.

     Purpose: Provide rules for use of body-gripping traps.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Provide procedure for obtaining a permit to use body-gripping traps.

     Reasons Supporting Proposal: Initiative 713 generally prohibits the use of body-gripping traps, but allows use for certain reasons. This rule establishes how a person may obtain a permit.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

     Name of Proponent: Washington State 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: Definitions are provided for clarity, and the form and information needed are described for both problem animal control and wildlife research. Reporting requirements are given, which will allow the department to ascertain the need for such permits and the effectiveness of the trapping. Permit application denial and permit revocation procedures are explained, as well as appeal rights. This rule will allow take of problem animals while providing protection for animals that are not intended to be taken. This rule should reduce the workload for permit issuance and allow fish and wildlife officers to attend to other duties.

     Proposal does not change existing rules. This is a new section, not amendatory.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules primarily affect property owners and their agents who need to use body gripping traps to control problem animals. Although some commercial interests may be affected, it is not at all clear that commercial pest control operators need or use the trapping methods provided by this rule. The other effect will be on wildlife researchers operating under a scientific collectors permit, who are generally not small businesses.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Methow Valley Community Center, 231 Methow Valley Road, Twisp, on August 3-4, 2001, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2001, TDD (360) 902-2207, or (360) 902-2226.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091 [98501-1091], fax (360) 902-2155, by August 2, 2001.

     Date of Intended Adoption: August 3, 2001.

June 19, 2001

Evan Jacoby

Rules Coordinator

OTS-4930.2

NEW SECTION
WAC 232-12-142   Special trapping permit -- Use of body-gripping traps.   (1) As used in this section, unless the context clearly requires otherwise, the following definitions apply:

     (a) "Animal" means any nonhuman vertebrate.

     (b) "Animal problem" means any animal that threatens or damages timber or private property or threatens or injures livestock or any other domestic animal.

     (c) "Body-gripping trap" means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, unpadded foot-hold traps, padded foot-hold 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.

     (d) "Conibear or Conibear-type trap" means any trap of various manufacturers having design and operational characteristics essentially the same as or like that developed by Frank Conibear and designed and set to grip and hold an animal's body across its main axis.

     (e) "In water" means beneath the water surface so that the trap is completely submerged.

     (f) "Nonstrangling-type foot snare" means a cable or wire designed and set to encircle and hold an animal's foot or limb.

     (g) "Padded foot-hold trap" means a trap designed and set to grip the foot of an animal, both jaws of which are covered with rubber pads having a minimum thickness of one-eighth inch.

     (h) "Permit" means a special trapping permit issued to a person under the authority of RCW 77.15.194 and the provisions of this section to use certain body-gripping traps to abate an animal problem for thirty days.

     (i) "Permittee" means the person to whom a permit is granted.

     (j) "Raw fur" means a pelt that has not been processed for purposes of retail sale.

     (2) It is unlawful to trap animals using body-gripping traps without a permit issued by the department.

     (3) It is unlawful to fail to comply with any conditions of a permit to trap.

     (4) It is unlawful for any person issued a permit to fail to complete and submit to the department a report of animals taken under the permit. This report is due within ten days of the expiration date of the permit.

     (5) It is unlawful to knowingly offer to sell, barter, or otherwise exchange the raw fur or carcass of a mammal that has been trapped pursuant to a permit.

     (6) A person seeking a special trapping permit shall submit a complete application to the department. The applicant shall provide the following information:

     (a) Applicant's name, address, and telephone number.

     (b) Location(s) of animal problem (physical address or legal description including township, range, and section number).

     (c) Description of the animal problem:

     (i) Duration of the animal problem.

     (ii) Description of the damage or potential damage being caused (i.e., crop, timber, property, livestock, or pet animals, etc.).

     (iii) Any threat or potential threat to the health and/or safety of people.

     (d) Species of animal causing the problem and, if known, the number of animals involved.

     (e) Description of the measures taken to prevent or alleviate the problem or damage.

     (f) Explanation of why the measures taken were ineffective to abate the problem or why such measures could not reasonably or effectively be used to abate the animal problem.

     (g) Whether Conibear-type traps in water, padded foot-hold traps or nonstrangling-type foot snares will be used.

     (h) Species and number of animals to be removed.

     (7) For wildlife research, the applicant shall provide the following information:

     (a) Applicant's name, address, and telephone number.

     (b) Location(s) where wildlife trapping will occur (physical address or legal description including township, range, and section number).

     (c) Whether padded foot-hold traps or nonstrangling-type foot snares will be used.

     (d) Species and number of animals to be captured.

     (e) Research objective or proposal.

     (f) A copy of a valid department scientific collection permit.

     (8) A completed report of animals taken pursuant to a special trapping permit shall include the following information:

     (a) Permittee's name, address, and telephone number.

     (b) The number of the permit for which the report is being submitted.

     (c) The common name of the animal(s) taken, the number of animals taken, and the disposition.

     (d) For any nontargeted animals taken, the common name of the animal, the number of animals, and the disposition.

     (9) Successive permits for the same animal problem may be requested by completing the justification and applicant certification on the report of animals taken.

     (10) The conditions of a special trapping permit shall include:

     (a) The term of the permit is thirty days.

     (b) Any body-gripping trap authorized under a permit shall be checked at least every twenty-four hours.

     (c) Each body-gripping trap authorized under a permit shall have attached to its chain or to the trap a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.

     (d) Nontargeted species shall be released unharmed if possible.

     (e) Any mammal trapped pursuant to a permit must be lethally dispatched or released as soon as possible, unless taken for scientific research, in which case the animal may be retained alive if so provided in the permit.

     (f) The carcass of any mammal taken under a permit must be properly disposed of in a lawful manner.

     (g) A copy of the permit shall be in the immediate possession of the person authorized to trap pursuant to a permit.

     (11) A special trapping permit may be denied when, in the judgment of the department:

     (a) Other appropriate nonlethal methods have not been utilized;

     (b) The alleged animal problem either does not exist or the extent is insufficient to justify lethal removal;

     (c) The use of the requested body-gripping trap(s) would result in direct or indirect harm to people or domestic animals;

     (d) The use of the requested body-gripping trap(s) would conflict with federal or state law, local ordinance or department rule; or

     (e) The application is not complete.

     (12) A special trapping permit may be revoked when, in the judgment of the department:

     (a) Information contained in the application was inaccurate or false;

     (b) The permittee or person trapping under the permit fails to comply with any of the permit conditions; or

     (c) The permittee or person trapping under the permit exceeds the number of animals authorized.

     (13) If the permit is denied or revoked, the department shall provide the applicant, in writing, a statement of the specific reason(s) for the denial or revocation. The applicant may request an appeal in accordance with chapter 34.05 RCW. Appeal requests shall be filed in writing and returned within twenty days from the mailing date of the denial and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.

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