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(continued)
[Statutory Authority: RCW 42.52.200 and 77.04.055. 98-14-013 (Order 98-107), § 232-12-002, filed 6/19/98, effective 7/20/98.]
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232-12-004
Classification of wild birds.
(1) Game birds include:
Common Name Scientific Name
migratory waterfowl Anatidae
wild turkey Meleagris gallopavo
blue grouse Falcipennis obscurus
spruce grouse Dendragapus canadensis
ruffed grouse Bonasa umbellus
"Forest grouse" means blue,
spruce, or ruffed grouse
sharp-tailed grouse Tympanuchus phasianellus
greater sage-grouse Centrocercus urophasianus
white-tailed ptarmigan Lagopus leucurus
California quail Callipepla californica
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 Gallinago gallinago
band-tailed pigeon Columba fasciata
mourning dove Zenaida macroura
(2) Predatory birds include:
Common Name Scientific Name
black-billed magpie Pica hudsonia
American crow Corvus brachyrhynchos
European starling Sturnus vulgaris
house (English) sparrow Passer domesticus
rock dove Columba livia
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-004, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-12-004, filed 4/26/01, effective 5/27/01. 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.]
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232-12-005
Predatory birds.
(1) HUNTING PREDATORY BIRDS:
(a) It is unlawful to hunt for or take predatory birds without a hunting license except as allowed under RCW 77.36.030.
(b) Crows and magpies: It is lawful to take crows during established hunting seasons and crows or magpies when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance provided that none of the birds, or their plumage, be offered for sale.
(c) All other predatory birds may be hunted throughout the year.
(2) SALE OF PREDATORY BIRDS: It is lawful to sell starlings, house sparrows and rock doves for the purposes of falconry and lawful to sell rock doves for the purposes of bird dog training.
(3) POSSESSION OF PREDATORY BIRDS: It is lawful to take from the wild and possess live starlings, house sparrows and rock doves for purposes of falconry and rock doves for purposes of bird dog training.
(4) RELEASE OF LIVE PREDATORY BIRDS: It is lawful, without a permit, to release rock doves for the purposes of bird dog training or falconry.
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-005, filed 5/12/04, effective 6/12/04.]
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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 Puma concolor
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
(2) Furbearing animals are game animals and include:
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 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-12-007, filed 4/26/01, effective 5/27/01. 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.]
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232-12-011
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
western gray squirrel Sciurus griseus
Steller (northern)
sea lion Eumetopias jubatus
North American lynx Lynx canadensis
bald eagle Haliaeetus leucocephalus
ferruginous hawk Buteo regalis
marbled murrelet Brachyramphus marmoratus
green sea turtle Chelonia mydas
loggerhead sea turtle Caretta caretta
sage grouse Centrocercus urophasianus
sharp-tailed grouse Phasianus columbianus
Mazama pocket gopher Thomomys mazama
(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
Gray whale Eschrichtius gibbosus
Common Loon Gavia immer
Peregrine Falcon Falco peregrinus
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 Tamius minimus
yellow-pine chipmunk Tamius amoenus
Townsend's chipmunk Tamius townsendii
red-tailed chipmunk Tamius ruficaudus
hoary marmot Marmota caligata
Olympic marmot Marmota olympus
Cascade
golden-mantled
ground squirrel Spermophilus saturatus
golden-mantled
ground squirrel Spermophilus lateralis
Washington ground
squirrel Spermophilus washingtoni
red squirrel Tamiasciurus hudsonicus
Douglas squirrel Tamiasciurus douglasii
northern flying squirrel Glaucomys sabrinus
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 77.12.047, 77.12.020. 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. 02-11-069 (Order 02-98), § 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-011, filed 3/29/02, effective 5/1/02; 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. 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. 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 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. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 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. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]
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232-12-014
Wildlife classified as endangered species.
Endangered species include:
Common Name Scientific Name
pygmy rabbit Brachylagus idahoensis
fisher Martes pennanti
gray wolf Canis lupus
grizzly bear Ursus arctos
sea otter Enhydra lutris
killer whale Orcinus orca
sei whale Balaenoptera borealis
fin whale Balaenoptera physalus
blue whale Balaenoptera musculus
humpback whale Megaptera novaeangliae
black right whale Balaena glacialis
sperm whale Physeter macrocephalus
Columbian white-tailed
deer Odocoileus virginianus leucurus
woodland caribou Rangifer tarandus caribou
American white pelican Pelecanus erythrorhynchos
brown pelican Pelecanus occidentalis
sandhill crane Grus canadensis
snowy plover charadrius alexandrinus
upland sandpiper Bartramia longicauda
spotted owl Strix occidentalis
western pond turtle Clemmys marmorata
leatherback sea turtle Dermochelys coriacea
mardon skipper Polites mardon
Oregon silverspot
butterfly Speyeria zerene hippolyta
Oregon spotted frog Rana pretiosa
northern leopard frog Rana pipiens
Taylor's checkerspot Euphydryas editha taylori
Streaked horned lark Eremophila alpestris strigata
[Statutory Authority: RCW 77.12.047, 77.12.020. 06-04-066 (Order 06-09), § 232-12-014, filed 1/30/06, effective 3/2/06; 04-11-036 (Order 04-98), § 232-12-014, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), § 232-12-014, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-014, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-014, filed 11/6/98, effective 12/7/98; 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]
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232-12-016
Nonnative aquatic species.
The following provisions apply to nonnative aquatic species except nonnative species in ballast water, which are provided for in chapter 220-77 WAC. The definitions of invasive species, prohibited aquatic animal species, regulated aquatic animal species, unregulated aquatic animal species, unlisted aquatic animal species and aquatic plant species as used in this section are the same as in RCW 77.08.010.
(1) Request for designation of unlisted aquatic animal species prior to release. Unlisted nonnative aquatic animal species must be reviewed and designated for classification by the commission as either regulated aquatic animal species or unregulated aquatic animal species prior to approval for release into state waters. A request for classification of an unlisted nonnative aquatic animal species shall be treated as a petition to amend WAC 220-12-090, and made on the OFM-01 form. Upon receipt of a petition, the department shall initially classify the species as a prohibited species until the review is complete. In addition to the OFM-01 form, a person requesting classification must provide the following information in order to present a complete request for designation for classification:
(a) Common and scientific name, reason for release, source of the animals proposed for release, and number of animals proposed for release.
(b) Native range of the species, assessment of potential positive and negative impacts of the release, citation of available scientific literature on release of the species in other nonnative locales, known potential for displacement of native species, hybridization with or predation upon native species, and disease or parasite transmission.
(c) Estimate of technical and economic feasibility of eradicating or controlling spread of the species once it is introduced into state waters.
(2) Provisions applying to prohibited aquatic animal species.
(a) Zebra mussels: It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel-free certificate issued by the department and signed by the supplier of the aquatic organisms. The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra mussel-free certificate for two years. Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who was the original receiver.
(b) Scientific research or display: The director may authorize, by prior written permit, a person to possess prohibited aquatic animal species for scientific research or display, provided:
(i) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of prohibited aquatic animal species into a natural watercourse, and specimens are inaccessible to wildlife or other animals that could transport prohibited aquatic animal species.
(ii) Specimens are not transferred to any other facility without written approval by the director or designee.
(iii) All zebra mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are disinfected. All other prohibited aquatic animal species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.
(iv) The permittee provides an annual report to the department, no later than January 31 of the following year, on a form provided by the department, describing the number, size and location of prohibited aquatic animal species enclosures and general nature of the research.
(c) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy prohibited aquatic animal species, provided:
(i) The persons have completed a mandatory training program and are certified by the department;
(ii) The persons have a permit authorized by the director or designee in possession;
(iii) All prohibited aquatic animal species are disposed of in accordance with the monitoring and control program; and
(iv) Participants submit a report to the department within thirty days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.
(d) Capture of prohibited species in state waters. Prohibited aquatic animal species that are captured in state waters and not immediately returned to the water from which they were captured must be killed before removing the prohibited aquatic animal species from within the riparian perimeter of the body of water.
(e) It is lawful to possess dead vertebrate prohibited aquatic animal species taken from state waters, and it is lawful to possess chemically preserved nonvertebrate prohibited aquatic animal species from any source. No permit is required for possession under this subsection.
(f) Prohibited aquatic animals held in commercial and personal possession prior to classification. A person who possessed a prohibited aquatic animal species prior to the time the species was classified as prohibited may continue to hold the animal or animals for the life of the animals, provided:
(i) The person must maintain proof of possession prior to the classification.
(ii) The animals may not be transferred to another owner within the state.
(iii) The person must comply with all provisions of this section.
(iv) The animals must be prevented from reproducing, or if prevention is impracticable, the progeny must be destroyed.
(3) Infested waters.
(a) The following bodies of waters are infested with invasive aquatic plants or prohibited aquatic animal species. In these waters:
(i) It is unlawful to use aquatic animals from these waters for bait in the infested waters or any other waters.
(ii) All aquatic vegetation must be removed from lines, nets, motors, and all other equipment when the equipment is removed from the infested waters.
(iii) It is unlawful to transport water from these bodies of water, and bait containers, live wells, and bilges must be emptied before leaving the riparian perimeter of the body of water, except:
(A) Water may be transported in emergencies, such as a fire emergency.
(B) Water may be withdrawn and used under a water appropriation or public waters work permit issued by the department of ecology.
(b) List of infested waters:
Adams County: Herman and Hutchison lakes.
Chelan County: Chelan, Cortez, Domke, Fish, Roses and Wapato lakes.
Clallam County: Sutherland Lake.
Clark County: Battleground, and Lacamas lakes, Klineline Pond, Caterpillar Slough, Columbia River adjacent to Ridgefield National Wildlife Refuge.
Columbia, Franklin and Walla Walla counties: Herbert G. West Lake, Snake River.
Cowlitz County: Kress and Silver lakes, Soho and Willow Grove sloughs.
Ferry County: Twin Lake.
Franklin County: Kahlotus and Sacajawea lakes, Scooteney Reservoir, Snake River.
Grant County: Babcock Ridge, Banks, Billy Clapp, Burke, Caliche, Canal, Corral, Corral Southwest, Moses, Priest Rapids, Quincy, Stan Coffin, Warden, and Windmill lakes, unnamed potholes at Dodson Frenchman and Frenchman Hills Nos. 1 through 4, Evergreen and Potholes reservoirs, Rocky Ford Creek and Winchester Wasteway.
Grays Harbor County: Duck and Failor lakes, Grays Harbor.
Island County: Crockett and Lone lakes.
Jefferson County: Crocker and Leland lakes.
King County: Alice, Angle, Bass, Desire, Fenwick, Geneva, Green, Killarney, Lucerne, Meridian, Nielson (Holm), Otter (Spring), Phantom, Pine, Pipe, Sammamish, Sawyer, Shadow, Shady, Spring, Steel, Twelve, Union, Washington, and Wilderness lakes.
Kitsap County: Buck, Horseshoe, Long, Mission, Square, Tahuya, and Wye lakes.
Kittitas County: Lavendar and Mattoon lakes.
Klickitat County: Celilo, Horsethief, and Spearfish lakes, Columbia River.
Lewis County: Carlisle, Mayfield, Plummer, and Riffe lakes, Swofford Pond, Chehalis and Cowlitz rivers and the Interstate Avenue Slough.
Mason County: Isabella, Island, Limerick, Mason, Spencer, and Trails End (Prickett) lakes.
Okanogan County: Conconully, Green, Osooyoos, Palmer, Pearrygin, and Whitestone lakes, Okanogan River.
Pacific County: Black, Island, Loomis, and O'Neil lakes, Willapa Bay.
Pend Oreille County: Davis, Diamond, Fan, Horseshoe, Mashall, Nile, and Sacheen lakes, Little Spokane and Pend Oreille rivers.
Pierce County: Bay, Clear, Harts, Hidden, Ohop, Rapjohn, Spanaway, Tapps, and Whitman lakes.
San Juan County: Sportsman Lake.
Skagit County: Beaver, Big, Campbell, Clear, Erie, Heart, Mcmurray, and Sixteen lakes.
Skamania County: Coldwater and Drano lakes, Columbia River.
Snohomish County: Goodwin, Meadow, Nina, Roesiger, Shoecraft, Silver, Stevens, and Swartz lakes.
Spokane County: Eloika, Liberty, Long, Newman, and Silver lakes.
Stevens County: Black, Deep, Gillette, Heritage, Loon, McDowell, Sherry, Thomas, and Waitts lakes, Long Lake Reservoir.
Thurston County: Capitol, Hicks, Long, Munn, Scott, and Ski lakes, Black and Chehalis rivers.
Wahkiakum County: Columbia River and Brooks Slough.
Walla Walla County: Snake River.
Whatcom County: Terrell and Whatcom lakes.
Whitman County: Bryan and Lower Granite lakes, Snake River.
Yakima County: Buena, Byron, Dog, and Freeway (Rotary) lakes, unnamed ponds at 12N - 19E - 20, Yakima River.
(4) Aquaculture provisions. It is unlawful to fail to comply with the following provisions regarding aquaculture and waters containing prohibited aquatic animal species or invasive aquatic plant species.
(a) When a natural body of water is designated by rule as infested, ongoing aquaculture operations in that body of water are restricted from transferring product, equipment or associated materials until such time as the operator of the aquaculture operation submits to the department a plan to prevent the spread of invasive aquatic plants and prohibited aquatic animal species, and has received approval from the department of such plan.
(b) Artificial water basins found to be infested with prohibited aquatic animal species are required to have the water sterilized before continuing aquaculture operations, and any private sector cultured products in such waters must be killed before sale or transfer.
(c) By permit from the department, water from bodies of water infested with invasive aquatic plants may be used in artificial water basins for aquaculture, provided that the water is treated to eliminate invasive aquatic plants prior to use.
(5) Violations of this section involving invasive aquatic animal species is punishable under RCW 77.15.253.
(6) Violations of this section involving invasive aquatic plants is punishable under RCW 77.15.290.
[Statutory Authority: RCW 77.12.047. 04-01-096 (Order 03-312), § 232-12-016, filed 12/16/03, effective 1/16/04; 02-19-007 (Order 02-223), § 232-12-016, filed 9/5/02, effective 10/6/02.]
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232-12-017
Deleterious exotic wildlife.
(1) The following animals are hereby designated as deleterious exotic wildlife:
(a) Birds
In the family Anatidae, the mute swan (Cygnus olor)
(b) Mammals
(i) In the family Viverridae, the mongoose (all members of the genus Herpestes)
(ii) In the family Suidae, the wild boar (Sus scrofa and all wild hybrids)
(iii) In the family Tayassuidae, the collared peccary (javelina) (Tayassu tajacu)
(iv) In the family Bovidae, all members and hybrids of the following genera: Rupicapra (Chamois); Hemitragus (Tahr); Capra (goats, ibexes except domestic goat Capra (hircus); Ammotragus (Barbary sheep or Aoudad); Ovis (sheep), except domestic sheep Ovis aries; Damaliscus (Sassabies); Alcelaphus buselaphus (Hartebeest); Connochaetes (Wildebeests).
(v) In the family Cervidae, the European red deer (Cervus elaphus elaphus), all nonnative subspecies of Cervus elaphus, and all hybrids with North American elk; Fallow deer (Dama dama), Axis deer (Axix axis), Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi), Sika deer (Cervus Nippon), Reindeer (all members of the Genus Rangifer except Rangifer tarandus caribou), and Roedeer (all members of the Genus Capreolus).
(2) It is unlawful to import into the state, hold, possess, propagate, offer for sale, sell, transfer, or release live specimens of deleterious exotic wildlife, their gametes and/or embryo, except as provided under (3), (4), (5), (6), or (7) below and as provided in WAC 232-12-01701.
(3) Scientific research or display: The director may authorize, by written approval, a person to import into the state, hold, possess, and propagate live specimens of deleterious exotic wildlife for scientific research or for display by zoos or aquariums who are accredited institutional members of the American Association of Zoological Parks and Aquariums (AAZPA) provided:
(a) The specimens are confined to a secure facility,
(b) The specimens will not be transferred to any other location within the state, except to other AAZPA accredited facilities with written director approval or as otherwise authorized in writing by the director,
(c) The specimens will be euthanized and all parts incinerated at the end of the project, except federally listed endangered or threatened species may be retained or transferred where in compliance with federal law,
(d) The person will keep such records on the specimens and make such reports as the director may require, and
(e) The person complies with other requirements of this section.
(4) Retention or disposal of existing specimens lawfully in captivity:
(a) Specimens lawfully in captivity prior to January 18, 1991: A person holding exotic wildlife specimens in captivity which were classified by the wildlife commission as deleterious exotic wildlife on or before January 18, 1991 may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to January 18, 1991 provided such person complies with subsections (4)(c) through (4)(h) hereunder and the other requirements of this section:
(b) Specimens lawfully in captivity prior to June 20, 1992: A person holding the following deleterious exotic wildlife specimens in captivity which were classified by the wildlife commission as deleterious exotic wildlife by operation of emergency rule filed June 19, 1992 (in the family Bovidae, Sassabies (all member of the Genus Damaliscus), Hartebeest (Alcelaphus buselaphus), Wildebeests (all members of the Genus Connochaetes), Markhor (Capra falconeri), and Marcopolo sheep (Ovis ammon); in the family Cervidae, Fallow deer (Dama dama), Axis deer (Axis axis), Sika deer (Cervus Nippon), Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to June 20, 1992, and the lawful progeny thereof provided such person complies with subsections (4)(c) through (4)(h) hereunder and the other requirements of this section and except as provided under subsection (7).
(c) The person reported to the director in writing the species, number and location of the specimens as required.
(d) The specimens are confined to a secure facility at the location reported,
(e) Live specimens are not propagated, except at AAZPA accredited facilities with the written permission of the director or as otherwise authorized in writing by the director,
(f) Live specimens shall be neutered, physically separated by sex, and/or rendered infertile by means of contraception, except at AAZPA accredited facilities with the written permission of the director,
(g) Live specimens are not released,
(h) Live specimens are not sold or transferred except:
(i) Live specimens in lawful possession may be permanently removed from the state of Washington or transported directly to slaughter where in accordance with other applicable law,
(ii) Federally listed endangered or threatened species may be transferred to AAZPA accredited facilities where in compliance with federal law,
(iii) Live specimens may be moved to the new primary residence of the possessor with the written approval of the director, provided all other requirements are satisfied and the total number of locations where animals are held is not increased.
(iv) AAZPA facilities may sell and/or transfer live specimens within the state with the written permission of the director.
(5) Retention or disposal of existing specimens lawfully in captivity prior to February 13, 1993: A person holding exotic wildlife specimens in captivity which are newly classified by the Wildlife Commission as deleterious exotic wildlife by operation of this rule (Reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou), and Roedeer (all members of the Genus Capreolus)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to February 13, 1993, provided:
(a) The person reports to the director in writing by March 31, 1993, and reports annually thereafter, or as otherwise required by the director, the species, number, and location of such specimens,
(b) The person complies with subsections (4)(d) through (4)(h) herein and the other requirements of this section.
(6) The provisions of this section shall not prohibit the importation, possession, propagation, sale, transfer, or release of live specimens of federally listed threatened or endangered species, their gametes and/or embryo, where in compliance with federal law.
(7) Notwithstanding the provisions of subsection (2), Fallow deer (Dama dama) and reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou) may be imported into the state, held, possessed, propagated, offered for sale, sold, and/or transferred provided:
(a) The person complies with subsection (4)(c) through (4)(g) hereunder and the other requirements of this section, except for subsections (4)(e), (4)(f), and (4)(h), and
(b) The person complies with department of agriculture WAC 16-54-035 as now or hereafter amended except:
(i) Animals which have resided at any time east of a line drawn through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and the 100th Meridian where it passes through Texas or have had contact with or shared common ground with animals which have resided at any time east of such line shall not be imported into the state of Washington, unless specifically authorized in writing by the directors of the department of agriculture and the department of wildlife.
(c) No specimens affected with any infectious or communicable disease shall be imported into the state unless in compliance with all applicable laws and regulations and unless written permission is obtained from the directors of the department of agriculture and the department of wildlife.
(d) The specimens are confined to a secure facility.
(e) Reindeer may not be imported into, held, or possessed in Ferry, Stevens, or Pend Oreille counties or that portion of Spokane County north of Spokane River.
(8) Escaped animals
(a) Escaped deleterious exotic wildlife, including Fallow deer (Dama dama), and Reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou) will be considered a public nuisance. The department or any peace officer may seize, capture, or destroy deleterious exotic wildlife that have escaped the possessor's control. The former possessor shall be responsible for costs incurred by the department in recovering, maintaining, or disposing of such animals, as well as any damage to the state's wildlife or habitat.
(b) Escapes of deleterious exotic wildlife must be reported immediately to the department.
(c) The recapture or death of escaped deleterious exotic wildlife must be reported immediately to the department.
(9) Secure facility
(a) All deleterious exotic wildlife will be held in a secure facility. For the purpose of this rule, a secure facility is an enclosure so constructed as to prevent danger to the environment or wildlife of the state, including escape of deleterious exotic wildlife specimens or ingress of resident wildlife ungulates (hoofed animals). The adequacy of the facility shall be determined by the director or agents of the director.
(b) For deleterious exotic wildlife listed in subsections (1)(d)(iv) and (1)(d)(v), the "secure facility" must comply with the fencing requirements in subsection (10) unless otherwise authorized by the director in writing.
(10) Fencing requirements
(a) Perimeter fences must be, at a minimum, eight feet above ground level for their entire length. The bottom six feet must be mesh of sufficient size to prevent resident wildlife ungulates (hoofed animals) from entering and deleterious exotic wildlife from escaping. Supplemental wire required to attain a height of eight feet may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart.
(b) Perimeter fences constructed of high tensile wire must be supported by a post or stay at minimum intervals of eight feet.
(c) Perimeter fences must be at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, chain link, nonclimbable woven fence, or other fence approved by the director.
(i) If the wire used is not a full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable.
(d) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.
(e) All gates in the perimeter fences must be self-closing, equipped with two locking devices, and installed only in locations that have been approved by the director. Double gates may be required at points in the perimeter fences subject to frequent vehicle traffic that is not related to activities involving the holding of deleterious exotic wildlife.
(f) Posts used in the perimeter fences must be:
(i) Wood (pressure treated), five-inch minimum diameter or an equivalent as approved by the director;
(ii) Spaced no more than twenty-four feet apart with stays or supports at eight foot intervals between the posts;
(iii) Extended at least eight feet above ground level;
(iv) Corners braced with wood or with an equivalent material as approved by the director.
(g) Fences must be maintained at all times to prevent deleterious exotic wildlife from escaping or resident wildlife ungulates (hoofed animals) from entering the enclosure. If such animals do pass through, under, or over the fence because of any topographic feature or other conditions, the person possessing deleterious exotic wildlife must immediately supplement the fence to prevent continued passage.
(h) For any fence existing prior to February 13, 1993, a person may petition the director in writing for a variance from the above fencing requirements. Any such petition must be filed no later than May 31, 1993 and must identify all aspects in which the existing fence does not meet the fencing requirements contained herein. On approval of the director, such person may maintain such existing fence with normal repair. However, any extension or relocation of existing fence must meet the fencing requirements contained herein.
(11) Marking requirements
(a) All live specimens of deleterious exotic wildlife except those listed in subsections (1)(a) and (1)(b), shall be permanently and individually identified by methods approved by the director,
(b) Identification assigned to an individual animal may not be transferred to any other animal.
(c) All specimens of deleterious exotic wildlife identified in subsections (1)(d)(iv) and (1)(d)(v) must be individually identified by the methods specified below.
(i) All live specimens of such deleterious exotic wildlife shall be marked with USDA Official ear tags or with ear tags supplied or approved by the department. Tags shall be applied in sequential order, and
(ii) All live specimens of such deleterious exotic wildlife shall be marked with a tattoo with an identifying number that has been recorded with the director. The tattoo must be placed on the left ear of the animal.
(d) All lawful progeny of deleterious exotic wildlife must be tagged and tattooed by December 31 of the year of birth or upon leaving the holding facility, whichever is earlier.
(e) Where allowed, if an animal is sold or transferred within the state, the tag and tattoo must accompany the animal. The new owner or possessor shall not renumber the animal.
(f) Where allowed, live specimens of deleterious exotic wildlife shall be marked prior to importation.
(g) No unmarked deleterious exotic wildlife may be sold or otherwise transferred from the holding facility.
(12) Testing of specimens
(a) Where allowed, prior to entry into the state of Washington, a person importing any member of the Genus Cervus which is identified in subsection (1)(v) herein must submit records of genetic tests, conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington). Such testing shall be at the possessor's expense. Animals which are deemed by department of wildlife biologists upon examination to exhibit either: Behavioral (vocalization), morphological (size, rump patch, color) or biochemical indications of such influence (hemoglobin, superoxide dismutase, transferrin and post-transferrin, or others to be developed) may not be imported.
(b) The director may require a person currently possessing any member of the Genus Cervus which are identified in subsection (1)(v) herein to submit records of genetic tests, conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington), for each individual cervid to the department. Such testing shall be at the possessor's expense. The director may require that any animal identified a red deer or having nonindigenous genetic influence be destroyed, removed from the state, or neutered.
(c) The director may require that all specimens of deleterious exotic wildlife lawfully in captivity be tested for brucellosis (brucella abortus), tuberculosis (mycobacterium bovis and mycobacterium tuberculosis), meningeal worm (Paralophostrongylus tenuis), and muscle worm (Elaphostrongylus cervis) in accordance with the procedures specified in department of agriculture WAC 16-54-035 as now or hereafter amended and/or for other disease or parasites determined to pose a risk to wildlife. The results of such tests shall be filed with the director as required.
(13) Reporting
(a) A person holding deleterious exotic wildlife in captivity shall submit a completed report no later than March 30, 1993 and then no later than January 31 of each year, or as otherwise required by the director, on a form provided by the department.
(b) Persons possessing deleterious exotic wildlife must notify the director within ten days of any change of such persons' address and/or location of the holding facility.
(14) Inspection
(a) All holding facilities for deleterious exotic wildlife located in the state are subject to inspection for compliance with the provisions of this section.
(b) Such inspections may take place without warrant or prior notice but shall be conducted at reasonable times and locations.
(15) Notification and disposition of diseased animals.
(a) Any person who has reason to believe that deleterious exotic wildlife being held pursuant to this rule have or have been exposed to a dangerous or communicable disease or parasite shall notify the department immediately.
(b) Upon having reason to believe that deleterious exotic wildlife held pursuant to this rule have been exposed to or contracted a dangerous or contagious disease or parasite, the director may order inspection of such animals by a licensed, accredited veterinarian or inspection agent. Inspection shall be at the expense of the possessor.
(c) The director shall determine when destruction of animals, quarantine, or disinfection is required at any facility holding deleterious exotic wildlife pursuant to this rule. If the director determines that destruction, quarantine, or disinfection is required, a written order shall be issued to the possessor describing the procedure to be followed and the time period for carrying out such actions. Such activities shall be at the expense of the possessor.
(16) Quarantine area
(a) Any facility holding deleterious exotic wildlife must have an approved quarantine facility within its exterior boundary or submit an action plan to the director that guarantees access to an approved quarantine facility within the state of Washington.
(i) An approved quarantine facility is one that meets criteria set by the Washington state department of agriculture.
(ii) The quarantine area must meet the tests of isolation, separate feed and water, escape security, and allowances for the humane holding and care of its occupants for extended periods of time.
(b) Should the imposition of a quarantine become necessary, the possessor must provide an on-site quarantine facility or make arrangements at such possessor's expense to transport the animals to the approved quarantine facility named in the quarantine action plan.
(17) Seizure
(a) The department of wildlife may seize any unlawfully possessed deleterious exotic wildlife.
(b) The cost of any seizure and/or holding of deleterious exotic wildlife may be charged to the possessor of such animals.
[Statutory Authority: RCW 77.12.047. 02-19-007 (Order 02-223), § 232-12-017, filed 9/5/02, effective 10/6/02. Statutory Authority: RCW 77.12.040. 99-08-024 (Order 99-19), § 232-12-017, filed 3/29/99, effective 4/29/99. Statutory Authority: RCW 77.12.020 and 77.12.040. 93-04-039 (Order 582), § 232-12-017, filed 1/27/93, effective 2/13/93. Statutory Authority: RCW 77.12.020. 91-03-082 (Order 482), § 232-12-017, filed 1/17/91, effective 1/18/91; 90-10-067 (Order 434), § 232-12-017, filed 5/1/90, effective 6/1/90. Statutory Authority: RCW 77.12.040. 85-09-014 (Order 247), § 232-12-017, filed 4/9/85; 81-22-002 (Order 174), § 232-12-017, filed 10/22/81; 81-12-029 (Order 165), § 232-12-017, filed 6/1/81.]
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232-12-01701
Aquatic nuisance species.
(1) The following species are designated as deleterious exotic wildlife and aquatic nuisance species:
(a) Zebra mussels, including Dreissena polymorpha and other species commonly known as quagga;
(b) The European green crab, Carcinus maenas; and
(c) Chinese mitten crabs, including all members of the genus Eriocheir.
(2) It is unlawful to intentionally import into the state or possess aquatic nuisance species except as provided in this section.
(3) Zebra mussels: It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel-free certificate issued by the department and signed by the supplier of the aquatic organisms. The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra mussel-free certificate for two years. Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who was the original receiver.
(4) Scientific research: The director may authorize, by prior written permit, a person to possess aquatic nuisance species for scientific research, provided:
(a) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of aquatic nuisance species or any form of aquatic nuisance species larvae, is not a natural watercourse, and is inaccessible to wildlife or other animals that could transport aquatic nuisance species.
(b) Specimens are not transferred to any other facility without written approval by the director or designee.
(c) All zebra mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are disinfected. All other aquatic nuisance species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.
(d) The permittee provides an annual report to the department, no later than January 31 of the following year, on a form provided by the department, describing the number, size and location of aquatic nuisance species enclosures and general nature of the research.
(5) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy aquatic nuisance species, provided:
(a) The persons have completed a mandatory training program and are certified by the department;
(b) The persons have a permit authorized by the director or designee in possession;
(c) All aquatic nuisance species are disposed of in accordance with the monitoring and control program; and
(d) Participants submit a report to the department within thirty days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.
(6) Abatement. Except as provided for in subsection (4) of this section, the department may take action to prevent or abate introduced aquatic nuisance species as a public nuisance, including but not limited to chemical treatment of the water containing the aquatic nuisance species or object to which an aquatic nuisance species is attached, heat treatment of such object, or other abatement measures as are appropriate. The possessor of aquatic nuisance species may be responsible for costs incurred by the department in abating an aquatic nuisance species infestation.
[Statutory Authority: RCW 77.12.040. 99-08-024 (Order 99-19), § 232-12-01701, filed 3/29/99, effective 4/29/99. Statutory Authority: RCW 77.12.020 and 77.12.040. 96-15-096 (Order 96-80), § 232-12-01701, filed 7/19/96, effective 8/19/96.]
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232-12-019
Classification of game fish.
As provided in RCW 77.12.020 and in addition to those species identified in RCW 77.08.020 the following species of the class Osteichthyes are classified as game fish:
Scientific Name Common Name
Salvelinus confluentus Bull Trout
Catostomus columbianus Bridgelip Sucker
Catostomus macrocheilus Largescale Sucker
Catostomus catostomus Longnose Sucker
Catostomus platyrhynchus Mountain Sucker
Ctenopharyngodon idella Grass Carp
Esox lucius
and hybrids involving
genus Esox Northern Pike
Tiger Muskellunge
Meilocheilus caurinus Peamouth Chub
Oncorhynchus tshawytscha
(in its landlocked form as
defined in WAC 232-12-018) Chinook salmon
Oncorhynchus kisutch
(in its landlocked form as
defined in WAC 232-12-018) Coho salmon
Pylodictus olivaris Flathead Catfish
Ptychocheilus oregonensis Northern Pikeminnow
Salmo trutta
and Salvelinus
fontinalis hybrid Tiger Trout
Northern pikeminnow lawfully taken may be offered for sale, sold, purchased or traded.
[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), § 232-12-019, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), § 232-12-019, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 77.12.040. 95-17-063 (Order 95-103), § 232-12-019, filed 8/15/95, effective 9/15/95; 93-10-012, § 232-12-019, filed 4/23/93, effective 4/30/93; 93-10-011, § 232-12-019, filed 4/23/93, effective 4/30/93; 92-22-014 (Order 576), § 232-12-019, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 77.12.020. 90-10-068 (Order 435), § 232-12-019, filed 5/1/90, effective 6/1/90. Statutory Authority: RCW 77.12.040. 88-23-046 (Order 320), § 232-12-019, filed 11/10/88. Statutory Authority: RCW 77.12.020 and 77.12.040. 83-21-003 (Order 218), § 232-12-019, filed 10/6/83. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-019, filed 6/1/81. Formerly WAC 232-12-015.] (continued)