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(19) Quarantine area
(a) Any facility holding wildlife listed in subsection (2) 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 of any wildlife must provide an on-site quarantine facility or make arrangements at such possessor's expense to transport such wildlife to an approved quarantine facility.
(20) Seizure
(a) The department of wildlife may seize any unlawfully possessed wildlife.
(b) The cost of any seizure and/or holding of wildlife may be charged to the possessor of such animals.
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-064, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-059 (Order 96-135), § 232-12-064, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.030. 93-04-038 (Order 581), § 232-12-064, filed 1/27/93, effective 2/13/93. Statutory Authority: RCW 77.16.040. 85-09-008 (Order 243), § 232-12-064, filed 4/5/85; 84-09-052 (Order 224), § 232-12-064, filed 4/16/84. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-064, filed 1/28/82; 81-12-029 (Order 165), § 232-12-064, filed 6/1/81. Formerly WAC 232-12-173.]
Notes:
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.
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232-12-066
Revocation, modification, or suspension of a permit to hold wild animals, wild birds, or game fish in captivity.
A permit issued hereunder may be revoked, modified or suspended by the director for cause as provided in WAC 232-12-197. Cause shall include, but not be limited to, failure to provide adequate holding facilities and equipment or the failure to provide adequate care, feed or maintenance of wildlife subject to the permit or for inhumane treatment of wildlife.
[Statutory Authority: RCW 77.12.010. 84-09-053 (Order 225), § 232-12-066, filed 4/16/84.]
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232-12-067
Sale of fish and wildlife by zoos and aquariums.
(1) It is unlawful for publicly owned zoos or aquariums who lawfully acquired fish, shellfish, wildlife or the nests of birds under WAC 220-20-045 or 232-12-064 to offer for sale or sell such animals or nests or the progeny of such animals except outside the state or except within the state to other publicly owned zoos or aquariums or accredited institutional members of the American Zoo and Aquarium Association (AZA).
(2) Publicly owned zoos and aquariums will keep accurate and current records of the sale of fish, shellfish and wildlife progeny as required by the director. These records will be maintained on a calendar year basis and retained for a period of 5 years.
(3) It is unlawful for any publicly owned zoo or aquarium to fail to complete and submit to the department by January 31 of each year a report containing information required by the director.
(4) Fish and wildlife officers may inspect at reasonable times and in a reasonable manner the fish, shellfish, wildlife, nests of birds, permits, records, and facilities of any publicly owned zoo or aquarium offering for sale or selling such animals or nests.
[Statutory Authority: RCW 77.12.047. 06-07-081 (Order 06-47), § 232-12-067, filed 3/14/06, effective 4/14/06. Statutory Authority: RCW 77.12.030. 87-18-017 (Order 296), § 232-12-067, filed 8/24/87.]
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232-12-068
Nontoxic shot requirements.
It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes the following approved types:
Approved Nontoxic Shot Type* Percent Composition by Weight
bismuth-tin 97 bismuth, 3 tin
iron (steel) iron and carbon
iron-tungsten any proportion of tungsten, >=1 iron
iron-tungsten-nickel >=1 iron, any proportion of tungsten, up to 40 nickel
tungsten-bronze 51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron; and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron
tungsten-iron-copper-nickel 40-76 tungsten, 37 iron, 9-16 copper, 5-7 nickel
tungsten-matrix 95.9 tungsten, 4.1 polymer
tungsten-polymer 95.5 tungsten, 4.5 nylon 6 or 11
tungsten-tin-iron any proportions of tungsten and tin, >=1 iron
tungsten-tin-bismuth any proportions of tungsten, tin, and bismuth
tungsten-tin-iron-nickel 65 tungsten, 21.8 tin, 10.4 iron, 2.8 nickel
*Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved.
The director may adopt additional nontoxic shot types consistent with federal regulations.
It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:
Bridgeport Bar segment of the Well's Wildlife Area
Cowlitz Wildlife Area
Lake Terrell Wildlife Area (including Tennant Lake and other segments)
Shillapoo Wildlife Area
Skagit Wildlife Area (all segments)
Snoqualmie Wildlife Area (all segments)
Sunnyside Wildlife Area
The Driscoll Island, Hegdahl, and Kline Parcel segments of the Sinlahekin Wildlife Area
Vancouver Lake Wildlife Area
It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for game birds or game animals in the following areas:
Chehalis River pheasant release site
Dungeness Recreation Area
Hunter Farms pheasant release site
Raymond Airport pheasant release site
Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge
All Whidbey Island pheasant release sites
[Statutory Authority: RCW 77.12.047. 06-16-133 (Order 06-181), § 232-12-068, filed 8/2/06, effective 9/2/06; 05-17-098 (Order 05-174), § 232-12-068, filed 8/15/05, effective 9/15/05; 03-16-030 (Order 03-165), § 232-12-068, filed 7/29/03, effective 8/29/03; 03-13-047 (Order 03-129), § 232-12-068, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), § 232-12-068, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-12-068, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), § 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), § 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), § 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) § 232-12-068, filed 9/1/95, effective 10/2/95.]
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232-12-071
Buying or selling game unlawful — Game-farmed meat exception.
(1) Unless prohibited by federal regulations, nonedible parts of wild animals, game birds or game fish lawfully taken may be offered for sale, sold, purchased or traded, except it is unlawful to offer for sale, sell, purchase or trade the following unless authorized by a written permit issued by the director:
(a) Nonedible parts of bighorn sheep or mountain goat.
(b) Velvet antlers of deer or elk.
(c) Gall bladder, claws, or teeth of bear, except those claws or teeth permanently attached to a full bear skin or mounted bear.
(2) It is unlawful to knowingly buy, sell, or otherwise exchange, or 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 pursuant to permit.
(3) It is lawful to purchase and sell the meat of game-farm raised deer and elk, provided the meat is imported from a licensed game farm in another state or country, the meat is boned and only meat is imported for sale, and the meat is packaged for retail sale prior to import into this state. It is unlawful to fail to maintain proof of the source of the game-farmed meat together with the meat until the meat is consumed or exported.
[Statutory Authority: RCW 77.12.047. 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. 01-10-048 (Order 01-69), § 232-12-071, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-071, filed 1/28/82; 81-12-029 (Order 165), § 232-12-071, filed 6/1/81. Formerly WAC 232-12-171.]
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232-12-072
Eastern Washington pheasant enhancement — Funding level determination.
The department shall deposit into the Eastern Washington pheasant enhancement account the sum of $385,000 during fiscal year 2000, based on 38,500 Eastern Washington pheasant hunters. Beginning in fiscal year 2001, and each year thereafter, the deposit into the Eastern Washington pheasant enhancement account shall be adjusted annually to reflect the actual number of license holders hunting for pheasant in Eastern Washington based on a survey of licensed hunters from the previous license year.
[Statutory Authority: RCW 77.32.440. 99-17-096 (Order 99-128), § 232-12-072, filed 8/17/99, effective 9/17/99. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 232-12-072, filed 1/13/99, effective 2/13/99.]
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232-12-073
Advanced hunter education.
(1) In order to provide for additional hunting opportunity, on species, in areas, or at times when a higher proficiency and demonstrated skill level is needed for resource protection or public safety, the department establishes the advanced hunter education program. Persons who successfully pass the master hunter level of advanced hunter education are entitled to exercise the privileges of participation in special hunts restricted to master hunters. It is unlawful for any person to participate in a hunt restricted to master hunters if such person has not successfully passed the advanced hunter education master hunter course and such person possesses a valid master hunter identification card while participating in such a hunt, and it is unlawful to participate in a hunt restricted to master hunters if the person's master hunter status has been suspended or revoked. Violation of this subsection shall be enforced under RCW 77.15.400 (1)(c) for wild birds, RCW 77.15.410 (1)(b) for big game, and RCW 77.15.430 (1)(b) for wild animals other than big game.
(2) The advanced hunter education program has three levels, with the following proficiency requirements:
(a) Sharpshooter education: This program emphasizes marksmanship, with the goal of humanely killing game animals with the least number of shots. Successful graduates of the sharpshooter course must demonstrate above average shooting skills. The cost of applying for sharpshooter education is five dollars, and on successfully passing sharpshooter education each graduate will receive a certificate of completion and an advanced hunter education patch.
(b) Conservationist education: This program emphasizes habitat restoration and land use practices that maximize protection for wildlife. Successful graduates of the conservationist course will have spent a minimum of twelve hours participating in landowner-sportsman or wildlife-related projects. The cost of applying for conservationist education is five dollars, and on successfully passing conservationist education each graduate will receive a certificate of completion and an advanced hunter education patch.
(c) Master hunter education: In addition to both sharpshooter and conservationist education, the master hunter program emphasizes ethical behavior while hunting, a detailed knowledge of hunting statutes and rules, and specialized knowledge in how to hunt in damage control hunts that successfully remove problem animals while maximizing public safety. Both extensive home study and passing a rigorous test are prerequisites for achieving the master hunter graduate status. The cost of applying for master hunter education is twenty dollars, and on successfully passing master hunter education each graduate will be issued a certificate, an advanced hunter education patch, and a master hunter identification card. The master hunter identification card is valid for five consecutive years from the date of issuance. The card will be renewed for an additional five years if, during the period of validity, the master hunter education graduate completes twelve hours of conservationist education, consisting of participating in landowner-sportsman or wildlife-related projects.
(3) Master hunters are held to the highest ethical standards while hunting, and are expected to respect all recreational and trapping laws. Accordingly, should a master hunter violate the trapping or recreational fishing or hunting laws, that person's master hunter status will be suspended or revoked as provided in this subsection. The grounds for suspension and revocation are proof by a preponderance of the evidence that the master hunter has committed a violation of law. A criminal conviction is a rebuttable presumption that the violation occurred. Any person who has master hunter status revoked or suspended under this subsection has the right to an administrative hearing to contest the agency action, and such hearing will be held pursuant to chapter 34.05 RCW, the Administrative Procedure Act.
(a) A two-year suspension of master hunter status will be imposed for any hunting or hunting related violation.
(b) A five-year suspension of master hunter status and a requirement to retake the master hunter course will be imposed for:
(i) Any conviction resulting in a suspension of recreational hunting or fishing privileges or in a trapping privilege suspension;
(ii) Any violations that involve two big game animals; or
(iii) Any violation that involves twice or more the daily limit of game or fish.
(c) A lifetime revocation of master hunter status will be imposed for:
(i) Any conviction resulting in a second suspension of hunting or fishing privileges or in a second trapping privilege suspension;
(ii) Any violation while recreational hunting or fishing privileges, trapping privileges, or master hunter status is suspended; or
(iii) Any violations that involve three or more big game animals.
[Statutory Authority: RCW 77.12.047. 03-01-077 (Order 02-298), § 232-12-073, filed 12/13/02, effective 1/13/03.]
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232-12-077
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.
[Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-077, filed 6/1/81. Formerly WAC 232-12-210.]
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232-12-081
Checking stations — Inspection of game and licenses.
Hunters and fishermen occupying a motor vehicle approaching or entering a check station established by a wildlife agent must stop and produce for inspection:
(1) Wildlife in their possession;
(2) Licenses, permits, tags, stamps or punchcards required under Title 77 RCW or rules adopted thereunder.
[Statutory Authority: RCW 77.12.040. 82-15-014 (Order 186), § 232-12-081, filed 7/12/82; 81-12-029 (Order 165), § 232-12-081, filed 6/1/81. Formerly WAC 232-12-201.]
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232-12-082
Collection of sampling data — Unlawful acts.
It is unlawful for any person or corporation licensed by the department to fail to comply with the directions of authorized department personnel related to the collection of sampling data and/or material from wildlife. It is also unlawful for any such person or corporation to fail to relinquish to the department, upon request, any part of steelhead or other species of fish commonly found in fresh water, containing coded-wire tags, including but not limited to, the snouts of those steelhead that are marked with clipped left ventral fins. This section does not apply to those species of fish classified as food fish by the director of fisheries or to private sector cultured aquatic products on aquatic farms.
[Statutory Authority: RCW 77.12.040. 90-01-069 (Order 415), § 232-12-082, filed 12/18/89, effective 1/18/90.]
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232-12-083
Emergency rule criteria.
(1) The director may close or shorten a season pursuant to RCW 77.12.150 only:
(a) By emergency rule, and
(b) When the director determines from biological data or climatic conditions which were unforeseen by the commission when the season was established, that the population of game fish, game animals, or game birds is in jeopardy with established seasons, and
(c) When the delay necessary to have the issue determined by emergency action of the commission presents a real and immediate threat to wildlife.
(2) Any emergency rule issued by the director pursuant to this rule shall state:
(a) The time and date when it shall be effective, and
(b) The time and date when it shall terminate, and
(c) The justification for its issuance.
(3) If the director has taken emergency action pursuant to this rule, he/she shall, upon determination that the threat to wildlife has abated, thereafter reopen the season limited to the time period originally set by the commission, and reestablish bag limits as originally set by the commission.
(4) Whenever the director takes action to close, shorten, or reopen a season pursuant to (1) or (3) above, he/she shall first take all reasonable steps to notify commission members the action contemplated.
[Statutory Authority: RCW 77.12.150 and 77.12.040. 88-24-004 (Order 325), § 232-12-083, filed 11/29/88.]
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232-12-086
Director or his designee is empowered to issue nuisance wildlife control operator certifications to control nuisance or problem wildlife.
When the director or his designee determines that nuisance or problem wildlife can be controlled by persons, political subdivisions of this state, or the United States, the director or his designee may issue nuisance wildlife control operator (NWCO) certifications for control of said nuisance or problem wildlife.
(1) Nuisance wildlife control operators shall:
(a) Be at least eighteen years of age;
(b) Be licensed as a trapper in the state;
(c) Have completed the NWCO certification course;
(d) Have the equipment, knowledge, and ability to control problem wildlife;
(e) Not be legally ineligible to possess a firearm (including no felony or domestic violence conviction unless firearm possession rights have been restored); and
(f) Not have a gross misdemeanor fish and wildlife conviction within the last five years.
(2) Nuisance wildlife control operators may use live traps to take any animal causing an animal problem as that term is defined in chapter 77.15 RCW, but may only use body gripping traps after receiving a special trapping permit.
(3) Nuisance wildlife control operators must submit a complete quarterly report of all trapping activity, on the form supplied by the department. The quarterly report is due by the fifteenth day of the month after the end of the quarter. Failure to submit a report may result in certification being revoked and future certification suspended.
(4) Nuisance wildlife control operator certifications may be revoked or future certifications denied by the director or issuing authority when, in the judgment of the department:
(a) Information contained in the application was inaccurate or false;
(b) The permittee or person trapping problem animals fails to comply with department trapping statutes or rules; or
(c) The person trapping violates a trapping or other wildlife law.
(5) If the certification is denied or revoked, the department shall provide the applicant, in writing, a statement of the specific reason(s) for the denial or revocation. The applicant may request an appeal in accordance with chapter 34.05 RCW. Appeal request shall be filed in writing and returned within twenty days from the mailing date of the denial and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
(6) Nuisance wildlife control certifications are valid for three years.
(7) It is unlawful to trap nuisance wildlife on the property of another for a fee or other consideration without a nuisance wildlife control certification.
(a) Violation of this subsection using a body-gripping trap is punishable under RCW 77.15.194, Unlawful traps.
(b) Violation of this subsection using a trap other than a body-gripping trap is punishable under RCW 77.15.190, Unlawful trapping -- Penalty.
[Statutory Authority: RCW 77.12.047. 04-01-053 (Order 03-303), § 232-12-086, filed 12/11/03, effective 1/11/04. Statutory Authority: RCW 77.04.020. 84-21-086 (Order 255), § 232-12-086, filed 10/19/84.]
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232-12-087
Requirements to possess Indian caught anadromous game fish or roe.
It is unlawful for a person other than a treaty Indian to buy, sell or possess anadromous game fish lawfully taken by a treaty Indian unless said fish are accompanied by a written statement showing taker's name, address, tribal affiliation and treaty fish identification card number, number of fish, date and location where taken. Provisions of this regulation shall not apply to anadromous game fish purchased from a department licensed fish buyer.
[Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-087, filed 6/1/81.]
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232-12-091
Commercial buying and processing of anadromous game fish or roe.
(1) It is unlawful to buy, sell or possess with intent to sell anadromous game fish or roe, without having in possession a valid anadromous game fish buyer's license and comply with the following provisions:
(a) An anadromous game fish buyer's license is valid for a year (January 1 to December 31).
(b) Fish buyer's licenses must be obtained by applying to the Department of Game, 600 North Capitol Way, Olympia, Washington 98504.
(c) The anadromous game fish buyer's license, or a copy, must be in possession of a person buying anadromous game fish or roe.
(d) Fish buyer's licenses are not transferable.
(e) Fish buyer's licenses authorize a person to buy only anadromous game fish or roe taken by treaty Indians possessing valid federal or tribal fishing identification cards during lawful open seasons.
(2) It is unlawful for a person possessing or buying anadromous game fish or roe from a treaty Indian to not comply with the following:
(a) Completely, accurately and legibly fill out a state of Washington treaty Indian fish receiving ticket including name of seller or tribal identification number, tribal affiliation, numbers of fish or skeins of roe, marine area or river where caught, and signature of the person directly receiving the fish.
(b) Obtain the signature of the seller on the tribal copy of the receiving ticket.
(c) Transmit the receiving tickets daily to the Northwest Indian Fish Commission.
(d) Retain a copy of the receiving ticket with the anadromous game fish or roe as long as the fish or roe are in possession.
(3) Transactions involving the possession or sale of treaty caught anadromous game fish between two or more licensed buyers, the recipients of said fish must possess a sales invoice.
(4) This section does not apply to a person who buys lawfully caught treaty Indian anadromous game fish for personal consumption.
[Statutory Authority: RCW 77.32.211 and 77.12.040. 86-09-023 (Order 270), § 232-12-091, filed 4/10/86. Statutory Authority: RCW 77.12.040. 85-09-014 (Order 247), § 232-12-091, filed 4/9/85; 81-12-029 (Order 165), § 232-12-091, filed 6/1/81. Formerly WAC 232-12-212.]
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232-12-094
Records for purchase and receipt of anadromous game fish and roe.
(1) Department fish buyer permittees must keep a record of the number of anadromous game fish and skeins of roe received or purchased.
(2) A record of all sales of anadromous game fish and roe must be maintained by licensed fish buyers for three years and are subject to inspection by a wildlife agent. Records of sales must include:
(a) Name and address of the purchaser or consignee.
(b) Number and pounds of each sale.
(c) Date of delivery.
[Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-094, filed 6/1/81. Formerly WAC 232-12-213.]
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232-12-097
Transportation of anadromous game fish and roe.
(1) It is unlawful to ship or transport game fish and roe by a private or common carrier unless accompanied by an invoice which includes:
(a) The name and address of the consignor and consignee.
(b) Pounds and number of anadromous game fish and skeins of roe in the shipment.
(c) The date of shipment.
(2) Containers of anadromous game fish and roe transported must be clearly and conspicuously marked indicating the contents. A copy of the invoice shall be forwarded by the carrier to the Department of Game, 600 North Capitol Way, Olympia, Washington 98504, within seven days of said shipment.
[Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-097, filed 6/1/81. Formerly WAC 232-12-214.]
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232-12-099
Treaty Indian fishing gear identification.
It is unlawful for a treaty Indian to operate or fish with a gill net capable of taking anadromous game fish without having attached to one end of the float line a metal tag 3/4 of an inch by 4 inches with the following numbering system:
(1) The first digit shall indicate the treaty area, the second digit the tribe within the treaty area, and the third through the seventh digits shall be the last five numbers of the fisherman's Bureau of Indian Affairs identification number.
[Statutory Authority: RCW 77.12.040. 82-11-099 (Order 184), § 232-12-099, filed 5/19/82.]
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232-12-101
Falconry and captive propagation of raptors permitted.
(1) The director may issue permits for the taking and possession of a raptor for the purpose of falconry, captive live propagation, and for the possession, transfer, use and disposition of adult birds and progeny thereof, except for those species restricted by the state or that appear on the federal endangered species list. The director may issue a permit under WAC 232-12-274 for the taking or possession of raptor eggs. However, a federally threatened or endangered raptor held legally before November 10, 1978, and their progeny that have not been intentionally released to the wild may be retained for falconry use under these regulations. Nonresident falconers may only capture redtailed hawks or kestrels.
(2) It is unlawful to take or possess a raptor or fertile raptor eggs without a permit from the director. It is unlawful to violate the conditions of a permit issued under this rule.
[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-061 (Order 96-137), § 232-12-101, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-101, filed 1/28/82; 81-12-029 (Order 165), § 232-12-101, filed 6/1/81. Formerly WAC 232-12-230 and 232-12-237.]
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232-12-104
Falconry definitions.
(1) "Raptor" means a live migratory bird of the Order Falconiformes or the Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus) or a golden eagle (Aquila chrysaetos).
(2) "Captive-bred raptor" means the progeny of a mating of raptors in captivity.
(3) "Take" means to trap or capture or attempt to trap or capture a raptor from the wild.
(4) "Falconry" means the possession and use of raptors for the purpose of hunting or free flight training.
[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-060 (Order 96-136), § 232-12-104, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-104, filed 1/28/82; 81-12-029 (Order 165), § 232-12-104, filed 6/1/81. Formerly WAC 232-12-231.]
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232-12-106
Provisions for accidental take by falconers.
(1) When a raptor being used in falconry accidentally takes any species of wildlife (quarry) for which the hunting season is not currently open, the falconer must release the quarry if it is not seriously injured. If the quarry has been seriously injured or killed, the falconer may not retain or possess the quarry, but the raptor may feed upon the quarry before leaving the site of the kill.
(2) If the accidentally killed quarry is a species identified on the Washington candidate species list (for endangered, threatened, or sensitive status) or specifically identified by the director, the falconer shall, before leaving the site of the kill, record upon a form provided by the department, or upon a facsimile, the falconer's name, falconry permit number, date, species and sex (if known) of the quarry, and exact location of the kill. The falconer shall submit the information to the Washington department of fish and wildlife falconry permit coordinator by April 1 following the close of the current hunting season.
(3) Accidental kill by any falconer in any license year shall not exceed a total of five individuals of any combination of species designated under subsection (2) of this section. Following an accidental kill by any falconer of any species designated under subsection (2) of this section, the falconer shall cease hunting for the day.
(4) Notwithstanding any other section of this rule, take of species designated as endangered, threatened, or sensitive in Washington under WAC 232-12-011 or 232-12-014 is not permitted except by permit from the director.
(5) Violation of this section is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 232-12-106, filed 4/11/06, effective 5/12/06; 03-03-016 (Order 03-03), § 232-12-106, filed 1/7/03, effective 2/7/03. Statutory Authority: RCW 77.12.040. 00-20-032 (Order 00-197), § 232-12-106, filed 9/27/00, effective 10/28/00.]
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232-12-107
Falconry permit license required.
(1) It is unlawful for any persons to take, possess, transport, import, export, sell, purchase, barter, offer to sell, purchase or barter raptors for falconry purposes, or to engage in the practice of falconry without first obtaining and having upon their person a valid Washington state "falconry permit."
(2) The requirements for a falconry permit shall be stated on each permit application. The limitations on the use of these permits shall be stated on each such permit. Federal falconry regulations not otherwise included in state regulations will be included as conditions on the federal/state falconry permit.
(3) Falconry permits shall be issued only to applicants who have successfully passed a supervised examination with a score of at least eighty percent and who have raptor housing facilities and falconry equipment approved by the director. The requirements for such facilities and equipment shall be stated on each falconry permit application.
(4) The department may periodically inspect the falconry facilities, equipment and raptors of a falconry permittee at reasonable times.
(5) It is unlawful for falconry permittees to have in their possession or under their control, or to capture or attempt to capture, a species or number of raptors specifically prohibited by the director.
(6) It is unlawful for any person(s) to possess a bald eagle, vulture, osprey, or owl (except the great horned owl) for falconry.
[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-062 (Order 96-138), § 232-12-107, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 90-22-064 (Order 472), § 232-12-107, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), § 232-12-107, filed 1/28/82; 81-12-029 (Order 165), § 232-12-107, filed 6/1/81. Formerly WAC 232-12-232.]
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232-12-114
Permit required for capture of raptors.
(1) It is unlawful for any persons to capture from the wild, any state or federal endangered or threatened species for the purpose of falconry.
(2) It is unlawful for any persons to take a raptor for the purpose of falconry, without first having in their possession and on their person, a valid Washington state "falconry permit."
(3) "Raptor capture report forms" may be issued by the director to holders of valid falconry licenses. Forms will be designed by the agency to require information pertaining to location, timing, and other biological elements of the capture.
(4) It is unlawful to capture raptors at times other than the following times: for Apprentice falconers - January 1 through January 31, and September 1 through December 31; for General and Master falconers - January 1 through January 31, weekends and holidays from May 15 through June 30, weekends and holidays from July 1 through July 31, September 1 through December 31, and great horned owls can also be taken on weekends and holidays from February 15 through March 31.
(5) It is unlawful to capture a gyrfalcon without having attained the class of Master falconer. Up to five (5) gyrfalcons will be allowed to be taken by Master falconers who must apply for and receive a gyrfalcon capture permit from the department before capturing a gyrfalcon. The actual number of the gyrfalcon quota each year will be determined by the director after evaluating gyrfalcon production for the year in their arctic breeding grounds.
(6) It is unlawful to capture eyass prairie falcons in western Washington. The director may restrict areas temporarily from raptor capture to accommodate short term research or other biological needs.
(7) It is unlawful to capture gyrfalcons in western Washington and in Grant County.
(8) It is unlawful to transfer a wild caught raptor to out-of-state recipients for one (1) year from date of capture.
(9) It is unlawful to capture peregrine falcon (Falco peregrinus) nestlings without having attained the class of Master falconer. Nestling peregrine falcons may be taken by a Master falconer who possesses, at the time of capture, a permit from the department authorizing such capture in accordance with federal regulations or implementation guidance set forth by the United States Fish and Wildlife Service regarding the falconry take of nestling peregrine falcons in the contiguous United States and Alaska. The number of peregrine falcon nestlings to be captured in Washington will be determined by the director in accordance with federal regulations or implementation guidance and may vary annually in response to population and productivity data. The director will establish permit issuance procedures, capture monitoring requirements, and open areas for the capture of nestling peregrine falcons.
[Statutory Authority: RCW 77.12.047. 03-02-005 (Order 02-301), § 232-12-114, filed 12/20/02, effective 1/20/03. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-064 (Order 96-140), § 232-12-114, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 90-22-062 (Order 470), § 232-12-114, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), § 232-12-114, filed 1/28/82; 81-12-029 (Order 165), § 232-12-114, filed 6/1/81. Formerly WAC 232-12-234.]
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232-12-117
Marking and identification of raptors required.
(1) It is unlawful for any falconry permittees to take, possess, transport, import, export, or otherwise dispose of any golden eagle (Aquila chrysaetos), peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) unless such bird is banded either by a seamless numbered band, or a permanent, nonreusable band, which are both provided by the United States Fish and Wildlife Service.
(2) Any gyrfalcon (Falco rusticolus) or peregrine falcon (Falco peregrinus) taken from the wild must be reported to the department within five days of taking and must be banded with a permanent nonreusable band provided by the United States Fish and Wildlife Service.
(3) It is unlawful to band any raptor taken from the wild, or band any raptor produced from an egg taken from the wild, or band any raptor produced from an egg from any source other than bred in captivity under authority of a raptor propagation permit, with a United States Fish and Wildlife Service seamless numbered band.
(4) Unless otherwise specifically exempted by the conditions of a raptor propagation permit, every raptor possessed for propagation (including offspring produced under the authority of the raptor propagation permit) must be banded in accordance with the following provisions:
(a) Except for captive-bred raptors lawfully marked with a seamless, numbered band provided by the United States Fish and Wildlife Service, any raptor possessed for propagation purposes shall be banded with a permanent, nonreusable, numbered band issued by the United States Fish and Wildlife Service.
(b) Each captive-bred raptor produced under the authority of a raptor propagation permit shall be banded within two weeks of hatching with a numbered, seamless band provided by the United States Fish and Wildlife Service, placed on the raptor's leg (metatarsus), following United States Fish and Wildlife Service banding regulations.
(5) Any lost band must be replaced with a permanent, nonreusable band supplied by the United States Fish and Wildlife Service. A United States Fish and Wildlife Service form 3-186A (Migratory bird acquisition/disposition report) must be filed in accordance with the instructions on the form, with the department within five working days of the loss.
(6) Unless specifically exempted by the director, all lost or removed bands must be replaced on the bird within 30 days of loss or removal.
(7) It is unlawful to possess a raptor band that has been altered.
[Statutory Authority: RCW 77.12.047. 03-02-005 (Order 02-301), § 232-12-117, filed 12/20/02, effective 1/20/03. Statutory Authority: RCW 77.12.040. 90-22-063 (Order 471), § 232-12-117, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), § 232-12-117, filed 1/28/82; 81-12-029 (Order 165), § 232-12-117, filed 6/1/81. Formerly WAC 232-12-235.]
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232-12-121
Reporting requirements for capture, importation, exportation, transfer, or other disposal of raptors.
(1) It is unlawful to possess a raptor under the authority of a falconry permit unless the permittee has submitted a United States Fish and Wildlife Service form 3-186A (Migratory bird acquisition/disposition report), completed in accordance with instructions on the form, to the department within five calendar days of initial possession.
(2) It is unlawful for a falconry permittee to capture, transfer, import, export, or otherwise dispose of raptors unless such permittee submits a United States Fish and Wildlife Service form 3-186A (Migratory bird acquisition/disposition report), completed in accordance with the instructions on the form, to the department within five calendar days of any such transaction.
(3) A raptor possessed under the authority of a falconry permit may be temporarily held by another permittee for maintenance and care for a period not to exceed thirty days. The raptor must be accompanied at all times by a properly completed United States Fish and Wildlife Service form 3-186A (Migratory bird acquisition/disposition report) designating the person caring for the raptor as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.
(4) It is unlawful for a falconry permittee to capture or take from the wild, any raptor species listed on Washington state falconry permit unless such permittee submits a department of fish and wildlife "Raptor capture report form," completed in accordance with the instructions on the form, to the department within five calendar days of any such capture or take.
[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-065 (Order 96-141), § 232-12-121, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 90-22-061 (Order 469), § 232-12-121, filed 11/5/90, effective 12/6/90; 82-04-034 (Order 177), § 232-12-121, filed 1/28/82; 81-12-029 (Order 165), § 232-12-121, filed 6/1/81. Formerly WAC 232-12-236.]
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232-12-124
Methods of capture and prohibitions in taking raptors.
(1) It is unlawful to trap a raptor originally taken after it attains adult plumage at any time of the year except for kestrels and great horned owls.
(2) It is unlawful to remove any immature raptor from a nest unless one or more live, immature raptors remain in the nest after such removal.
(3) It is unlawful to possess or use a trap, snare, net, harnessed bait bird or other implement that is employed in an attempt to capture a raptor without said equipment being legibly marked with the name and address of the user.
(4) It is unlawful for a person to leave unattended a trap, snare, harnessed bait bird, or other implement that is set for the purpose of capturing a raptor, except for the Swedish goshawk-type trap.
[Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-063 (Order 96-139), § 232-12-124, filed 8/30/96, effective 9/30/96. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-124, filed 1/28/82; 81-12-029 (Order 165), § 232-12-124, filed 6/1/81. Formerly WAC 232-12-233 and 232-12-237.]
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232-12-127
Revocation, modifications or suspension of falconry permits.
A permit issued hereunder may be revoked, modified or suspended by the director for cause as provided in WAC 232-12-197. Cause shall include, but is not limited to, the failure to provide adequate falconry facilities and equipment or the failure to provide adequate care, feed or maintenance for a raptor or for inhumane treatment of a raptor.
[Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-127, filed 1/28/82; 81-12-029 (Order 165), § 232-12-127, filed 6/1/81. Formerly WAC 232-12-238.]
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232-12-129
Captive propagation of raptors — Sale, records, reports and inspection.
(1) Anyone holding a valid raptor propagation permit may offer for sale, sell, or trade any captive bred raptor, wearing a seamless U.S. Fish and Wildlife Service band, to anyone holding a permit authorizing possession of said raptor.
(2) Anyone holding a valid raptor propagation permit, falconry permit, or other permit authorizing possession may purchase said captive bred raptor.
(3) Sale of a captive bred raptor is unlawful if it is not accompanied by an invoice. The raptor propagator must retain a copy of the invoice for two years and must send to the department a copy or a listing of the transfers in an annual report.
(4) Anyone holding a valid raptor propagation permit must keep record of the date each clutch is initiated, the onset of incubation and the date of hatching of each chick. The initiation of each clutch of eggs must be reported to the department within 72 hours. These records must be up to date and the breeding facilities and records open for inspection by a wildlife agent at reasonable times.
(5) Wild caught raptors taken in Washington may be used for propagation purposes, progeny shall not be offered for sale or trade.
(6) Anyone holding a valid raptor propagation permit must submit to the department before January 31 of each year a report summarizing the year's activities.
[Statutory Authority: RCW 77.12.047. 05-05-008 (Order 05-10), § 232-12-129, filed 2/7/05, effective 3/10/05. Statutory Authority: RCW 77.12.030, 77.12.090, 77.12.105 and 77.32.070. 85-09-006 (Order 245), § 232-12-129, filed 4/5/85.]
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232-12-134
Report required of licensed trappers.
All trappers purchasing a trapping license must report their trapping activity, regardless of trapping success or whether they trapped or not.
(1) Trappers must report trapping activity by April 10.
(2) Reports must be made using the department's designated Trapper's Report of Catch form or internet trapper reporting system.
(3) If a trapper chooses to report using the Trapper's Report of Catch form, it is the responsibility of the licensed trapper to obtain a form and ensure the form is received by Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091.
(4) Any trapper not reporting by April 10 will be in noncompliance of reporting requirements.
(5) False reports will be considered the same as noncompliance.
(6) Failure to report trapping activity is an infraction, punishable under RCW 77.15.160.
(7) Noncompliant trappers who have paid their penalty under subsection (6) of this section must report their trapping activity prior to being issued a trapping license.
[Statutory Authority: RCW 77.12.047. 06-17-095 (Order 06-196), § 232-12-134, filed 8/15/06, effective 9/15/06; 06-09-021 (Order 06-67), § 232-12-134, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-134, filed 8/11/99, effective 9/11/99; 84-16-015 (Order 232), § 232-12-134, filed 7/23/84; 81-22-002 (Order 174), § 232-12-134, filed 10/22/81; 81-12-029 (Order 165), § 232-12-134, filed 6/1/81. Formerly WAC 232-12-280.]
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232-12-141
Wild animal trapping.
(1) The trapping season authorizes the taking of furbearing animals for their hides and pelts only. Furbearers may not be taken from the wild and held alive for sale or personal use without a special permit pursuant to WAC 232-12-064.
(2) Any wildlife trapped for which the season is not open shall be released unharmed. Any wildlife that cannot be released unharmed must be left in the trap, and the department of fish and wildlife must be notified immediately.
(3) Lawfully trapped wild animals must be lethally dispatched or immediately released. A firearm may be used to dispatch trapped animals.
(4) It is unlawful to trap for wild animals:
(a) With body-gripping traps, EXCEPT as provided for in subsection (b).
(b) Conibear-type traps in water, nonstrangling foot snares, and padded foot-hold traps may be used for the following purposes with a permit issued by the director:
(i) To protect public health and safety, in consultation with the department of social and health services or the United States Department of Health and Human Services.
(ii) To abate damages caused to private property, domestic animals, livestock or timber, that cannot be reasonably abated by nonlethal control tools. Any person requesting a damage control permit must apply in writing, stating the threat or damages, the nonlethal control methods attempted or why they cannot be applied, and agree to use the above traps for no more than thirty days under the permit granted. (continued)