Chapter 220-200 WAC
Last Update: 11/27/23DEFINITIONS AND GENERAL RULES
WAC Sections
DEFINITIONS | ||
| HTMLPDF | 220-200-010 | Definitions—Authorized. |
| HTMLPDF | 220-200-020 | Definition of Eastern and Western Washington. |
| HTMLPDF | 220-200-030 | Definition—Extenuating circumstances. |
| HTMLPDF | 220-200-040 | Definitions—In a wild state. |
| HTMLPDF | 220-200-050 | Definition—Residency. |
| HTMLPDF | 220-200-060 | Geographical definitions—River mouths. |
| HTMLPDF | 220-200-070 | Definitions—Time. |
GENERAL RULES | ||
| HTMLPDF | 220-200-100 | Wildlife classified as protected shall not be hunted or fished. |
| HTMLPDF | 220-200-110 | Buying or selling game unlawful—Game-farmed meat exception. |
| HTMLPDF | 220-200-120 | Wildlife taken by another. |
| HTMLPDF | 220-200-130 | Hunting and fishing opportunities for terminally ill persons. |
| HTMLPDF | 220-200-140 | General provisions—Rearing and planting food fish. |
| HTMLPDF | 220-200-150 | Scientific collection permits. |
| HTMLPDF | 220-200-160 | Definitions. |
| HTMLPDF | 220-200-170 | Special use permits. |
| HTMLPDF | 220-200-180 | Special use permit—Suspension, modification, revocation, or denial—Appeal hearing. |
| HTMLPDF | 220-200-190 | Disability designation—Suspension or denial—Appeal hearing. |
| HTMLPDF | 220-200-200 | Crossbow special use permit—Eligibility—Terms and conditions. |
| HTMLPDF | 220-200-210 | Scope special use permit—Eligibility—Terms and conditions. |
| HTMLPDF | 220-200-220 | Shooting from a vehicle (blue placard) special use permit—Eligibility—Terms and conditions. |
| HTMLPDF | 220-200-230 | Alternate casting gear special use permit—Eligibility—Terms and conditions. |
| HTMLPDF | 220-200-240 | Accessibility special use permit for a person with a disability. |
DEFINITIONS
PDF220-200-010
Definitions—Authorized.
"Authorized" when used in the context of authorized employee, authorized department personnel, authorized representative of the department, and terms of similar character, shall be defined as any person employed by the department and performing department activities, or any other person under the direct supervision of an employee and who is performing department activities.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080 and 77.12.040. WSR 98-15-081 (Order 98-122), § 220-16-005, filed 7/15/98, effective 8/15/98.]
PDF220-200-020
Definition of Eastern and Western Washington.
For purposes of all rules of the commission, Eastern and Western Washington are defined as:
Eastern Washington - All lands lying east of the Cascade Crest Trail and east of the Big White Salmon River in Klickitat County.
Western Washington - All lands lying west of the Cascade Crest Trail and west of and including the Big White Salmon River in Klickitat County.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-020, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.040. WSR 86-09-024 (Order 271), § 232-12-809, filed 4/10/86; WSR 82-11-099 (Order 184), § 232-12-809, filed 5/19/82.]
PDF220-200-030
Definition—Extenuating circumstances.
"Extenuating circumstances" for purposes of this title mean circumstances that lessen the seriousness or magnitude of an act, and which are to be considered in determining if an individual is to be granted extraordinary relief. Such personal characteristics as age, education, fishing experience, and physical capability, as well as other personal characteristics, and such physical circumstances as weather, age of vessel, and vessel propulsion mechanism, as well as other physical circumstances, may be considered when reviewing a set of facts for extenuating circumstances.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-030, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 90-03-068 (Order 90-05), § 220-16-410, filed 1/19/90, effective 2/19/90; WSR 89-15-032 (Order 89-61), § 220-16-410, filed 7/14/89.]
PDF220-200-040
Definitions—In a wild state.
"In a wild state," when used to describe a population of animals, means the population is naturally reproducing within the state.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-200-040, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 04-07-009 (Order 04-39), § 220-16-810, filed 3/4/04, effective 5/1/04.]
PDF220-200-050
Definition—Residency.
For purposes of establishing and maintaining residency in order to purchase and use a Washington state resident commercial or recreational hunting or fishing license, a resident license that is issued to a valid resident of Washington state remains valid for the remainder of the licensing year unless that person obtains a resident license in another state. When a person obtains a resident license in another state, the Washington state resident license becomes invalid.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-200-050, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 02-16-069 (Order 02-181), § 220-20-001, filed 8/6/02, effective 9/6/02.]
PDF220-200-060
Geographical definitions—River mouths.
Unless otherwise defined, any reference to the mouths of rivers or streams shall be construed to include those waters of any river or stream, including sloughs and tributaries, upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost upland" shall be construed to mean those lands not covered by water during an ordinary high tide.
PDF220-200-070
Definitions—Time.
All times referred to in any order or regulation shall be Pacific Standard Time, except that during the period from the first Sunday in April through the last Sunday in October all times referred to shall be Pacific Daylight Time.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-200-070, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080, 77.12.040. WSR 00-08-038 (Order 00-29), § 220-16-345, filed 3/29/00, effective 5/1/00; Order 1193, § 220-16-345, filed 3/4/75; Order 817, § 220-16-345, filed 5/29/69. Formerly WAC 220-16-030 (part).]
GENERAL RULES
PDF220-200-100
Wildlife classified as protected shall not be hunted or fished.
Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.
(1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:
Common Name | Scientific Name |
sea otter | Enhydra lutris |
green sea turtle | Chelonia mydas |
Mazama pocket gopher | Thomomys mazama |
Columbian white-tailed deer | Odocoileus virginianus leucurus |
(2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:
Common Name | Scientific Name |
American white pelican | Pelecanus erythrorhynchos |
Gray whale | Eschrichtius robustus |
Common Loon | Gavia immer |
Larch Mountain salamander | Plethodon larselli |
Pygmy whitefish | Prosopium coulteri |
Margined sculpin | Cottus marginatus |
Olympic mudminnow | Novumbra hubbsi |
(3) Other protected wildlife include:
Common Name | Scientific Name |
cony or pika | Ochotona princeps |
least chipmunk | Tamias minimus |
yellow-pine chipmunk | Tamias amoenus |
Townsend's chipmunk | Tamias townsendii |
red-tailed chipmunk | Tamias ruficaudus |
hoary marmot | Marmota caligata |
Olympic marmot | Marmota olympus |
Cascade golden-mantled ground squirrel | Callospermophilus saturatus |
golden-mantled ground squirrel | Callospermophilus lateralis |
Washington ground squirrel | Urocitellus washingtoni |
red squirrel | Tamiasciurus hudsonicus |
Douglas squirrel | Tamiasciurus douglasii |
northern flying squirrel | Glaucomys sabrinus |
Humboldt's flying squirrel | Glaucomys oregonensis |
wolverine | Gulo gulo |
painted turtle | Chrysemys picta |
California mountain kingsnake | Lampropeltis zonata |
All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.020, and 77.12.047. WSR 23-24-005 (Order 23-09), § 220-200-100, filed 11/27/23, effective 12/28/23; WSR 23-12-051 (Order 23-02), § 220-200-100, filed 6/1/23, effective 7/2/23. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, and 77.08.030. WSR 23-06-035 (Order 22-13), § 220-200-100, filed 2/23/23, effective 3/26/23. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.020. WSR 21-20-010 (Order 21-196), § 220-200-100, filed 9/23/21, effective 10/24/21. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240. WSR 21-13-032 (Order 21-60), § 220-200-100, filed 6/10/21, effective 7/11/21. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.020, and 77.12.047. WSR 18-17-153 (Order 18-207), § 220-200-100, filed 8/21/18, effective 9/21/18. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047. WSR 17-20-030 (Order 17-254), § 220-200-100, filed 9/27/17, effective 10/28/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-100, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047. WSR 17-02-084 (Order 17-02), § 232-12-011, filed 1/4/17, effective 2/4/17; WSR 15-10-021 (Order 14-95), § 232-12-011, filed 4/27/15, effective 5/28/15. Statutory Authority: RCW 77.12.047, 77.12.020. WSR 08-03-068 (Order 08-09), § 232-12-011, filed 1/14/08, effective 2/14/08; WSR 06-04-066 (Order 06-09), § 232-12-011, filed 1/30/06, effective 3/2/06. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. WSR 02-11-069 (Order 02-98), § 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. WSR 02-08-048 (Order 02-53), § 232-12-011, filed 3/29/02, effective 5/1/02; WSR 00-17-106 (Order 00-149), § 232-12-011, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. WSR 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. WSR 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. WSR 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. WSR 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. WSR 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. WSR 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. WSR 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. WSR 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; WSR 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. WSR 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; WSR 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; WSR 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; WSR 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]
PDF220-200-110
Buying or selling game unlawful—Game-farmed meat exception.
(1) It is unlawful to offer for sale, sell, purchase, or barter edible parts of wild animals or game birds. It is unlawful to offer for sale, sell, purchase, or barter edible parts of game fish, except pursuant to RCW 77.65.480.
(2) It is unlawful to offer for sale, sell, purchase, or barter the nonedible parts of wild animals, game birds, or game fish if:
(a) The possession, sale, selling, purchase, or barter is prohibited by federal regulations;
(b) The wild animals, game birds, or game fish were taken in violation of any law or regulation in any jurisdiction, and the seller, purchaser, or person bartering knew the animal, bird, or fish was illegally taken; or
(c) The nonedible parts are of bighorn sheep or mountain goat; bear gall bladders; claws or teeth of bear that are not permanently attached to a full bear skin or mounted bear; or velvet antlers of deer, elk, or moose; and a permit has not been granted by the department allowing for the sale, purchase, or barter of any of the animal parts listed in this subsection (2)(c).
(3) For purposes of subsection (2)(c) of this section, all of those parts are considered "nonedible" even if they are used for human consumption.
(4) Under RCW 77.15.194, it is unlawful to knowingly buy, sell, or otherwise exchange, or to offer to buy, sell, or otherwise exchange, the raw fur or carcass of a wild animal trapped in Washington with a body-gripping trap, whether or not the animal is trapped pursuant to a permit.
(5) It is unlawful to offer for sale, sell, purchase, or barter game-farm raised deer and elk, unless the following conditions have been met:
(a) Proof of the source of the game-farmed meat is maintained with the meat until the meat is consumed or exported. Qualifying proof includes sales or purchase invoices or receipts containing the following information in the English language:
(i) Name of seller or importer;
(ii) Name of the company selling the meat;
(iii) The date of sale;
(iv) The quantity of meat sold; and
(v) The species of the meat sold.
(b) The meat is imported from a U.S. licensed game farm, or a game farm in another country.
(c) The meat is boned, and only the meat is imported.
(d) The meat is packaged for retail sale prior to importation into this state.
(6) A violation of subsection (4) of this section is punishable under RCW 77.15.194. The remaining subsections in this section are punishable under RCW 77.15.260.
(7) If you request a written permit to offer for sale, sell, purchase, or barter the nonedible parts of wild animals listed in subsection (2)(c) of this section, and your request is denied, you have a right to a hearing under the provisions of chapter 34.05 RCW. In order to obtain a hearing, you must notify the department, in writing, within forty-five days of the date of the letter denying your permit. The address to send hearing requests to is:
The Washington Department of Fish and Wildlife
Legal Affairs - Office of the Director
Post Office Box 43137
Olympia, Washington 98504-3137
If you do not request a hearing to contest denial of the permit, the permit denial will become effective forty-five days following the denial.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-110, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.020 and 77.12.047. WSR 11-07-065 (Order 11-38), § 232-12-071, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 77.12.047. WSR 06-17-102 (Order 06-209), § 232-12-071, filed 8/16/06, effective 9/16/06. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. WSR 01-10-048 (Order 01-69), § 232-12-071, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. WSR 82-04-034 (Order 177), § 232-12-071, filed 1/28/82; WSR 81-12-029 (Order 165), § 232-12-071, filed 6/1/81. Formerly WAC 232-12-171.]
PDF220-200-120
Wildlife taken by another.
It is unlawful to possess wildlife taken during the open season by another unless it is accompanied by a statement which shows the name, address, hunting, fishing or other license or permit number and signature of the taker, the date, county and game management unit where taken.
PDF220-200-130
Hunting and fishing opportunities for terminally ill persons.
Pursuant to RCW 77.32.565 the director is authorized to provide special hunting opportunities for terminally ill persons. The director may establish criteria for application and award of these special opportunities.
(1) The director is authorized to receive special permits from donors and redistribute them to terminally ill persons.
(2) The director may issue special permits allowing the harvest or catch of fish and game as exceptions or additions to other rules established by the commission.
(3) The director may make agreements with landowners to provide access for special hunting and fishing opportunities.
(4) The director may also make agreements with others to assist the terminally ill in facilitating the harvest or catch of fish and game.
The director shall report annually to the fish and wildlife commission the number and types of opportunities provided to terminally ill persons.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-130, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240. WSR 09-09-083 (Order 09-53), § 232-12-840, filed 4/15/09, effective 5/16/09.]
PDF220-200-140
General provisions—Rearing and planting food fish.
It is unlawful for any person, group, corporation, association, or governmental entity to plant or release any food fish into the waters of the state of Washington without first obtaining a permit from the department. The department may not issue a permit unless the following time periods are observed and information is provided to the department prior to planting:
(1) Thirty days prior to obtaining or importing food fish or food fish eggs, fry, or fingerlings with the intention of planting them in Washington state waters, the person, group, corporation, association, or governmental entity must provide the department with information regarding the:
(a) Source of the food fish or food fish eggs, fry, or fingerlings;
(b) Species, race, and size of the food fish or food fish eggs, fry, or fingerlings; and
(c) Time and place for the proposed release or other disposition of the food fish to be planted.
(2) Thereafter, the department will examine the provided information and determine whether it should issue a permit. The department will not issue a permit if the planting:
(a) Presents an important conflict or competition to the established stocks in the waters to be planted;
(b) Conflicts with the department's overall management plan for the waters in which the planting is proposed;
(c) Would cause a significant decrease in the abundance of stocks already present; or
(d) Would significantly inhibit the ability to harvest existing stocks.
(3) Thirty days prior to planting, and within 10 days of the actual plant, the permittee must make the food fish to be released available to the department for inspection for disease. If the department representative inspecting the fish is not satisfied the food fish are disease-free or otherwise in a condition specified in subsection (2) of this section, then the department representative may not allow the food fish to be released in state waters, and may automatically withdraw any prior department approval for the planting. In lieu of actual department inspection, the department will consider a certification by department-approved pathologists that the food fish to be released are disease-free.
(4) Any person, group, corporation, association or governmental entity intending to release food fish in the waters of the state, must report to the department immediately the outbreak of any disease among the food fish, food fish eggs, fry or fingerlings intended to be released. If an outbreak presents a threat to a state fishery resource, the department may immediately order actions necessary to protect the state's fisheries in a manner satisfactory to the department, including quarantine or destruction of stocks, sterilization of closures and facilities, cessation of activities, and disposal of the infected fish.
(5) It is unlawful to brand, tattoo, tag, fin-clip, or otherwise mark food fish covered under a permit under this section for identification without prior approval by the department.
(6) It is unlawful to construct or operate facilities for food fish propagating or rearing without first obtaining a permit from the department. The department may not issue a permit unless the entity wanting to propagate or rear the fish provides the following information prior to beginning construction of a facility:
(a) The species to be produced in the facility or otherwise affected by the facility;
(b) A general plan of times and places for the proposed releases or other disposition;
(c) The size, age, and maturity of the food fish to be released; and
(d) Functional plans for constructing the facility.
(7) Once the department receives the information required under subsection (6) of this section, it will examine the information and determine whether the facility construction permit should be issued. The department will not issue a permit if the proposed planting, release, or operational scheme:
(a) Presents an important conflict or competition to established stocks of food fish;
(b) Conflicts with the department's overall management plan for the waters or areas to be planted;
(c) Would cause a significant decrease in the abundance of stocks already present; or
(d) Will significantly inhibit the ability to harvest existing stocks.
(8) The department may revoke a permit for construction or operation of a propagation facility if any food fish are planted, released, or otherwise disposed of by entity that holds a construction or operation permit under this section and does not, prior to planting or releasing the fish, provide the department with the required information and secure any additional permits this section requires.
(9) The department will establish an advisory committee of potentially affected groups to provide technical input on the requirements of this section.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-140, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 13-02-043 (Order 12-290), § 220-20-040, filed 12/21/12, effective 1/21/13; Order 76-96, § 220-20-040, filed 9/23/76.]
PDF220-200-150
Scientific collection permits.
(1) The following definitions apply to this section:
(a) "Collect" means to take control or to attempt to take control of fish, shellfish, wildlife, or the nests of birds. Collect does not include transitory holding of reptiles, amphibians and invertebrates solely for identification purposes.
(b) "Display" means to place or locate fish, shellfish, wildlife, or the nests of birds, so that public viewing is allowed.
(c) "Encountered" means targeted or nontargeted specimens captured, handled or physically affected by the collecting activity.
(d) "Project" means a planned undertaking of common temporal or geographical activities to reach a common objective. Multiple activities of a similar nature may be grouped under a single project.
(e) "Research" means scientific investigation, and includes education. Electrofishing is a form of scientific investigation.
(f) "Scientific collection permit" and "scientific permit" as referenced in RCW 77.15.660 and 77.32.240 have the same meaning.
(2) It is unlawful for any person to collect fish, shellfish, wildlife, or the nests of birds for research or display purposes on the lands or in the waters of the state of Washington for species, by means, in amounts, or in such condition not authorized under personal use or commercial rules, or in violation of any rule prohibiting possession of unclassified wildlife or prohibited aquatic species, without first obtaining a permit from the department. It is unlawful to fail to comply with any of the provisions of the permit and it is unlawful to buy or sell fish, shellfish, wildlife, or the nests of birds taken under the permit, and it is unlawful to consume or offer for human consumption any fish, shellfish, or wildlife taken under the permit.
(3) Application procedure:
(a) All applications for scientific collection must be submitted on a department application form and delivered to the department office in Olympia. Approval or denial of a scientific collection permit application will be given no more than sixty days after receipt of a complete application.
(b) A separate permit application must be submitted for each project.
(c) Each request for a permit to collect for research purposes must be accompanied by the following information:
(i) A study title.
(ii) A statement of the applicant's qualifications for conducting the project. A statement of the qualifications of anyone conducting activities under the permit, including experience with the methodology of the proposed collection, and the applicant's access to facilities and competence to care for the specimens to be collected, if the collected specimens will be retained in live form by the applicant.
(iii) A study plan which includes: Specific objective(s) for the proposed project including defining an identifiable end point or conclusion toward which efforts are to be directed; the justification for the project; methodology of collection; project start and end dates; project location including county name; names of participants in the collection; names and numbers of species expected to be collected or encountered; and proposed final disposition of specimens collected. Students under the direct on-site supervision of an instructor in an official course of study under an accredited educational institution may collect on behalf of the instructor holding a scientific collection permit and are not required to be listed on the permit.
(d) Each request for a permit to collect for display purposes must be accompanied by the following information:
(i) A statement of the qualifications of the applicant and all other persons conducting activities under the permit, including experience with the methodology of the proposed collection, and, if live fish, shellfish or wildlife are to be displayed, the name of the publicly owned facility where the display will occur and the competence of the facility operators to care for the specimens.
(ii) A project description, which includes: Reason for display; project location including county name; methodology of collection; names of participants in the collection; names and numbers of species expected to be collected or encountered; display site; length of display; and proposed final disposition of specimens collected.
(e) Any application for a scientific collection permit using firearms must contain a statement that all persons who will use firearms are legally capable of possessing firearms.
(f) An amendment to a project application will be treated as a project application except for the addition or deletion of names of participants in the collection.
(4) Permit periods: Permits are valid for the project period, but not to exceed one year from the date of issuance, except multiyear permits, at the discretion of the department, may be issued for public health purposes.
(5) Reporting: A final report as specified in the permit conditions must be submitted to the department upon completion of the research or display project, and must be received by the department no later than 60 days after the expiration of the permit. Renewable annual permit holders must submit a report each year, and the report must be received by the department within 60 days of the anniversary date of the initial issuance date of the permit. In addition to the final or annual report, interim reports may be required. Issuance of additional permits or permit renewals are subject to prior submission of a project report.
(6) Permit granting and denial: Permits will normally be granted for requests which contribute to the body of fish, shellfish, or wildlife knowledge, increase or maximize the fish, shellfish, and wildlife resource, avoid damage to the various resources, and do not unnecessarily duplicate previous research. Permits will not be granted if the project conflicts with existing activities or conservation goals. Permits will not be granted if the applicant was a prior permit holder and failed to submit required reports. Permits may be denied if the applicant or any other person involved in the collection has a history of fish or wildlife violations or may be revoked if, during the project period, the applicant or any other person involved in the collection commits a fish or wildlife violation.
(7) Miscellaneous permit provisions:
(a) A copy of the scientific collection permit must be in the physical possession of any person exercising the privileges authorized by the permit. Only collection participants named under subsection (3)(c)(iii) or (d)(ii) of this section may collect under the permit.
(b) A scientific collection permit does not authorize the release of specimens collected under the permit except for an immediate release to the exact site where the collection occurred unless release is specifically allowed as a condition of the permit. Release at any other site requires a transport, release, or planting permit. The conditions of the permit may specify that no release of certain specimens will be allowed.
(c) If the scientific collection allows retention of specimens, an interim, final, or annual collection report for the period documenting when the specimen was collected must be retained for the period of retention of the specimen.
(d) As a condition of receiving a scientific collection permit, the applicant agrees that fish and wildlife officers may, at reasonable times and in a reasonable manner, inspect the specimens collected, as well as the permits, records and facilities of a permit holder.
(e) A scientific collection permit may be revoked for violating the conditions of the permit.
(8) Appeal procedure: A person who is denied a scientific collection permit, who disputes the conditions of a permit, or who has a permit revoked may appeal the department action. Appeals must be filed in writing, and delivered to Legal Services, Department of Fish and Wildlife, 600 Capitol Way N., Olympia, WA 98501-1091. Specific grounds for contesting the revocation, denial, or permit conditions must be stated in the appeal. An appeal will be held under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-200-150, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 06-07-081 (Order 06-47), § 220-20-045, filed 3/14/06, effective 4/14/06; Order 76-96, § 220-20-045, filed 9/23/76.]
PDF220-200-160
Definitions.
The following definitions apply to WAC 220-200-170 through 220-200-240:
(1) "Person with a disability" for purposes of eligibility under disability designation means a person who has a permanent physical disability or permanent developmental disability which substantially impairs the person's ability to participate in recreational activities or to access department lands including, but not limited to:
(a) "Extremity disability" which means the person has lost the use of one or both upper or lower extremities, or has a severe physical limitation in the use of one or both upper or lower extremities, or has a diagnosed permanent disease or disorder which substantially impairs or severely interferes with mobility or the use of one or both upper or lower extremities. This definition includes, but is not limited to, the definitions in (a)(i) and (ii) of this subsection.
(i) "Lower extremity disability" which means the person has a permanent lower extremity impairment and is not ambulatory over natural terrain without a lower extremity prosthesis or must permanently use a medically prescribed assistive device every time for mobility including, but not limited to, a wheelchair, crutch, walker, or oxygen bottle; or
(ii) "Upper extremity disability" which means the person has a permanent upper extremity impairment and is physically limited in their ability to hold and safely operate a legal hunting or harvesting device.
(b) "Blind" or "visually impaired" which means:
(i) Having a central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field does not exceed 20 degrees; or
(ii) Having a severe loss of visual acuity ranging from 20/70 to 20/200 while retaining some visual function; or
(iii) Having inoperable visual impairments including, but not limited to: Albinism, aniridia, aphakia, cataracts, glaucoma, macular degeneration, or other similar diagnosed disease or disorder.
(c) "Developmental disability" which means a cognitive intellectual disability such as: Cerebral palsy, down syndrome, epilepsy, autism, or another neurological condition of an individual found to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which originates before the individual attains age 18, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual.
(2) "Approved medical professional" means a medical doctor (MD), doctor of osteopathy (DO), advanced registered nurse practitioner (ARNP), physician assistant (PA), physician assistant of osteopathy (PAO).
(3) "In good standing" means:
(a) The applicant has received and maintains a disability designation under WAC 220-200-190 and that disability designation is not currently suspended under WAC 220-200-190;
(b) The applicant's hunting or fishing license or privileges are not currently revoked or suspended in Washington or in another state; and
(c) No special use permit previously awarded to the applicant is currently suspended under WAC 220-200-180.
[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.237, and 77.04.020. WSR 23-11-062, § 220-200-160, filed 5/12/23, effective 6/12/23. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.047, 77.32.237, 77.32.238, and 77.32.400. WSR 18-16-074 (Order 18-162), § 220-200-160, filed 7/30/18, effective 8/30/18. Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. WSR 17-17-109, recodified as § 220-200-160, filed 8/21/17, effective 9/21/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-413-150, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047, 77.12.240, and 77.32.070. WSR 14-10-019 (Order 14-95), § 232-12-825, filed 4/25/14, effective 5/26/14.]
PDF220-200-170
Special use permits.
(1) A special use permit issued by the department sets forth terms and conditions determined by the director to allow for reasonable accommodations for persons granted disability designation.
(2) The following terms and conditions apply to all special use permits:
(a) A special use permit(s) must be carried on the person named on the permit, who is acting under or using devices authorized by the special use permit(s);
(b) A special use permit holder must, upon request, surrender the permit(s) for inspection to any authorized law enforcement officer or department employee; and
(c) A special use permit holder must deny use of the permit to any other person.
(3) The terms and conditions of a special use permit supersede department rules that conflict with the terms and conditions of the special use permit.
(4) When utilizing a special use permit, the person named on the permit must comply with all applicable statutes and rules other than those department rules specifically superseded by the special use permit.
[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.237, and 77.04.020. WSR 23-11-062, § 220-200-170, filed 5/12/23, effective 6/12/23. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.047, 77.32.237, 77.32.238, and 77.32.400. WSR 18-16-074 (Order 18-162), § 220-200-170, filed 7/30/18, effective 8/30/18. Statutory Authority: RCW 77.04.020, 77.12.045, and 77.12.047. WSR 17-17-109, recodified as § 220-200-170, filed 8/21/17, effective 9/21/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-413-130, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047, 77.12.240, and 77.32.070. WSR 14-10-019 (Order 14-95), § 232-12-819, filed 4/25/14, effective 5/26/14.]
PDF220-200-180
Special use permit—Suspension, modification, revocation, or denial—Appeal hearing.
(1) The department may suspend a person's special use permit for the following reasons and corresponding lengths of time:
(a) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is found to have committed an infraction under Title 77 RCW or the department's rules for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for two years;
(b) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of a misdemeanor or gross misdemeanor under Title 77 RCW or the department's rules for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for five years;
(c) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department shall suspend the person's special use permit for life;
(d) Upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions or is convicted of a felony violation under Title 77 RCW for an act committed while the person is using the special use permit, the department shall suspend the person's special use permit for life;
(e) If the person has a hunting or fishing license revoked or has hunting or fishing license privileges suspended in another state, the department shall suspend the person's special use permit for the duration of the underlying suspension or revocation;
(f) If the person is cited, or charged by complaint, for an offense under Titles 76, 77, 79, 79A, 9, and 9A RCW; or for unlawful use of a department permit, trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department for an act committed while the person is using the special use permit, the department shall immediately suspend the person's special use permit until the offense has been adjudicated; or
(g) If the person submits fraudulent information to the department related to the person's special use permit, the department shall suspend the person's special use permit for five years.
(2) The department may suspend a person's special use permit for two years if the person fails to abide by the terms or conditions of the special use permit issued to that person.
(3) The department may modify or revoke a person's special use permit in order to:
(a) Address conservation management needs relating to the special use permit;
(b) Ensure the safety of the public and WDFW employees;
(c) Avoid a fundamental alteration of the program, service or activity facilitated by the special use permit;
(d) Incorporate appropriate updates in adaptive equipment;
(e) Address changes in federal or state law or regulations; or
(f) Address other compelling circumstances identified by the WDFW director.
(4) The department will provide written notice of suspension, modification, or revocation of a special use permit to the permit holder. The notice will describe the circumstances underlying the suspension, modification, or revocation. Any person with a disability issued a special use permit, who is notified of an intended suspension, modification, or revocation, may request an appeal hearing under chapter 34.05 RCW. A written request for hearing must be received by the department within 20 days of the date of the notice of suspension, modification, or revocation.
(5) Any person with a disability designation in good standing, as defined in WAC 220-200-160, whose application for a special use permit is denied by the department may request an appeal hearing under chapter 34.05 RCW. A written request for a hearing must be received by the department within 20 days of the date of the notice of denial.
[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.237, and 77.04.020. WSR 23-11-062, § 220-200-180, filed 5/12/23, effective 6/12/23. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.047, 77.32.237, 77.32.238, and 77.32.400. WSR 18-16-074 (Order 18-162), § 220-200-180, filed 7/30/18, effective 8/30/18.]
PDF220-200-190
Disability designation—Suspension or denial—Appeal hearing.
(1) A person meeting the definition of "person with a disability" under WAC 220-200-160, and who submits the required application properly completed and certified, shall be granted a disability designation by the department.
(2) If a person submits fraudulent information to the department related to the person's application for disability designation, the department shall suspend the person's disability designation for five years.
(3) The department will provide written notice of suspension to the permit holder. The notice will describe the circumstances underlying the suspension.
(4) A person whose application for a disability designation is denied or whose disability designation is suspended by the department may request an appeal hearing to contest the denial or suspension under chapter 34.05 RCW. A written request for a hearing must be received by the department within 20 days of the date of the notice of denial or suspension.
[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.32.237, and 77.04.020. WSR 23-11-062, § 220-200-190, filed 5/12/23, effective 6/12/23. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.047, 77.32.237, 77.32.238, and 77.32.400. WSR 18-16-074 (Order 18-162), § 220-200-190, filed 7/30/18, effective 8/30/18.]
PDF220-200-200
Crossbow special use permit—Eligibility—Terms and conditions.
(1) A crossbow special use permit issued by the department allows a person with a disability, meeting the requirements of subsection (2) of this section, to utilize a crossbow device during archery or muzzleloader season with the corresponding license and transport tag. The permit also allows the use of a manufacturer-equipped scope, and a tripod system or mount support for the crossbow.
(2) A special use permit for a crossbow device is available to any person who:
(a) Has applied for, received, and maintains a disability designation in good standing; and
(b) Accounting for the department's recommended processing time, submits the required application completed by an approved medical professional, as defined in WAC 220-200-160(2), who certifies that:
(i) The applicant has an upper extremity disability or a developmental disability as defined in WAC 220-200-160(1); and
(ii) The applicant's upper extremity or developmental disability permanently limits the person's ability to hold and safely operate a long bow, recurve bow, or compound bow.
(3) In addition to the terms and conditions in WAC 220-200-170, the following terms and conditions also apply under the crossbow special use permit:
(a) The crossbow must meet the requirements of WAC 220-414-100 (1)(b) through (f);
(b) The crossbow must be equipped with a cocking assistive device which must be employed prior to firing the crossbow; and
(c) Other individual terms and conditions as set forth on the permit or award letter.
(4) It is unlawful to fail to abide by the terms and conditions of this special use permit. Violation of this subsection is punishable under RCW 77.15.160(6), 77.15.230, 77.15.400, 77.15.410, 77.15.430, 77.15.750, or other statutes under chapter 77.15 RCW, depending on the circumstances of the violation.
PDF220-200-210
Scope special use permit—Eligibility—Terms and conditions.
(1) A scope special use permit issued by the department allows a person who is blind or visually impaired, and who meets the requirements of subsection (2) of this section, to utilize a scope device during archery or muzzleloader season, with the corresponding license and transport tag. The permit also authorizes the use of a tripod system or mount support, and an iScope or similar visual aid for assistance.
(2) A special use permit for a scope device is available to any person who:
(a) Has applied for, received, and maintains a disability designation in good standing; and
(b) Accounting for the department's recommended processing time, submits the required application completed by a doctor of ophthalmology, doctor of optometry, or an approved medical professional, who certifies that:
(i) The applicant is blind or visually impaired as defined in WAC 220-200-160(1) as a result of a condition other than hyperopia, myopia, astigmatism, presbyopia, or other similar conditions; and
(ii) The applicant's blindness or visual impairment, as those terms are defined in WAC 220-200-160(1), is significant enough to render the person unable to safely operate a muzzleloader or archery device without a scope.
(3) In addition to the terms and conditions in WAC 220-200-170, other individual terms and conditions as set forth on the permit or award letter also apply under the scope special use permit.
(4) It is unlawful to fail to abide by the terms and conditions of this special use permit. Violation of this subsection is punishable under RCW 77.15.160(6), 77.15.230, 77.15.400, 77.15.410, 77.15.430, 77.15.750, or other statutes under chapter 77.15 RCW depending on the circumstances of the violation.
PDF220-200-220
Shooting from a vehicle (blue placard) special use permit—Eligibility—Terms and conditions.
(1) A person with a disability who meets the requirements of subsection (2) of this section is eligible for a special use permit to operate their hunting device from within a motorized vehicle in accordance with WAC 220-413-140.
(2) A disabled hunter "shooting from a vehicle" identification placard (blue placard) special use permit is available to any person who:
(a) Has applied for, received, and maintains a disability designation in good standing; and
(b) Has been issued a department of licensing disability parking placard or disability vehicle license plate, or equivalent from another state, for a permanent disability; and
(c) Accounting for the department's recommended processing time, submits the required application completed by an approved medical professional who certifies that the applicant:
(i) Has a lower extremity disability or developmental disability as defined in WAC 220-200-160(1); and
(ii) Meets one of the following:
(A) Requires physical assistance from another individual, a wheelchair lift, ramp, or other boarding assistance device to help the applicant board (enter) and disembark (exit) from a motorized vehicle each and every time; or
(B) Requires the assistance of a portable DC life-sustaining medical device (oxygen generator, heart pump machine, etc.) every time to board, ride, and disembark from a motorized vehicle; and
(iii) The applicant's lower extremity disability or developmental disability is significant enough to render the person unable to hunt without this permit.
(3) In addition to the terms and conditions in WAC 220-200-170, the following terms and conditions also apply under the "shooting from a vehicle – blue placard" special use permit:
(a) When utilizing this special use permit, the "blue placard" must be placed on the vehicle and clearly visible to the public;
(b) This special use permit does not allow for illegal travel cross-country, behind locked gates, or onto private property;
(c) It is unlawful for any person to shoot from upon or from within a motorized vehicle unless they are named on the special use permit. The designated hunter companion is not permitted to utilize this special use permit on behalf of the hunter with a disability; and
(d) Other individual terms and conditions as set forth on the permit or award letter.
PDF220-200-230
Alternate casting gear special use permit—Eligibility—Terms and conditions.
(1) A person with a disability who meets the requirements of subsection (2) of this section is eligible for a special use permit to utilize alternate casting gear in fly fishing only waters or seasons in accordance with WAC 220-305-120.
(2) An "alternate casting gear" special use permit is available to any person who:
(a) Has applied for, received, and maintains a disability designation in good standing; and
(b) Accounting for the department's recommended processing time, submits the required application completed by an approved medical professional who certifies that:
(i) The applicant has an upper extremity disability or a developmental disability as defined in WAC 220-200-160(1); and
(ii) The applicant's upper extremity disability or developmental disability is such that the person is physically incapable of holding and safely operating conventional fly fishing gear.
(3) In addition to the terms and conditions in WAC 220-200-170, the following terms and conditions also apply under the "alternate casting gear" special use permit:
(a) Hook size and barb restrictions, fishing fly requirements, and bait and weight prohibitions as provided for in WAC 220-310-150; and
(b) Other individual terms and conditions as set forth on the permit or award letter.
PDF220-200-240
Accessibility special use permit for a person with a disability.
(1) In addition to the specific criteria provided elsewhere in this chapter, the department may issue an accessibility special use permit to a person with a disability, as defined in WAC 220-200-160(1), who:
(a) Has applied for, received, and maintains a disability designation in good standing; and
(b) Requests an accessibility special use permit;
(c) Specifically identifies the department rule(s) for which an exception is requested;
(d) Clearly describes the need and justification for a departure from an existing department rule(s) as a result of a disability condition; and
(e) Accounting for the department's recommended processing time, submits the required application completed by an approved medical professional, as defined in WAC 220-200-160(2), who certifies that all of the following are true:
(i) The applicant is a person with a disability, as defined in WAC 220-200-160(1);
(ii) The applicant's disability condition, as defined in WAC 220-200-160(1), prevents the applicant from meaningfully and equally participating in a department program, service, or activity; and
(iii) The requested accessibility special use permit would enable the applicant to participate in the relevant program, service, or activity in a meaningful and equal manner.
(2) In addition to the terms and conditions in WAC 220-200-170, other individual terms and conditions, as set forth on the permit or award letter, also apply under the accessibility special use permit.
(3) It is unlawful to fail to abide by the conditions of this special use permit. A violation of this section is punishable under RCW 77.15.160(6), 77.15.230, 77.15.380, 77.15.410, 77.15.430, 77.15.750, or other statutes under chapter 77.15 RCW depending on the circumstances of the violation.
(4) The department may deny a special use permit request submitted under subsection (1) of this section if:
(a) The requested special use permit would fundamentally alter the nature of the program, service, or activity;
(b) The requested special use permit would result in an undue financial or administrative burden;
(c) The requested special use permit would create a safety risk;
(d) The requested special use permit would create a conservation concern; or
(e) Alternate appropriate means, other than the requested accessibility special use permit, are available that would facilitate the person's participation in the relevant program, service, or activity.