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(a) Place waterfowl decoys prior to 4:00 a.m.;
(b) Allow or permit waterfowl decoys to be unattended or not in their immediate control for a period greater than one hour; or
(c) Fail to remove waterfowl decoys within two hours after the close of established daily hunting hours.
(4) On days closed to waterfowl hunting, persons using lands or waters controlled by the department shall not place waterfowl decoys except as authorized by permit of the director.
(5) This regulation shall be enforced under RCW 77.15.400.
[Statutory Authority: RCW 77.12.047. 06-11-032 (Order 06-92), § 232-12-257, filed 5/8/06, effective 6/8/06. Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), § 232-12-257, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-12-257, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-257, filed 6/1/81. Formerly WAC 232-12-630.]
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232-12-261
Live decoys unlawful.
It is unlawful to hunt waterfowl and wild turkeys with the use or aid of live birds as decoys.
[Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-261, filed 8/11/99, effective 9/11/99; 81-12-029 (Order 165), § 232-12-261, filed 6/1/81. Formerly WAC 232-12-640.]
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232-12-264
Baiting of game birds — Unlawful.
It is unlawful to hunt game birds by the aid of baiting, or in a baited area or area posted as an upland bird feeding site. As used in this section "baiting" or "baited area" means the placing, exposing, depositing, distributing or scattering of corn, wheat or other grain, or feed so as to constitute for such birds a lure or attraction to, on or over areas where hunters are attempting to take them. Any such area will remain a baited area for ten days following the complete removal of all such grain or other feed. This shall not prohibit hunting of game birds, on or over standing crops, flooded crop lands, grain crops properly harvested on the field where grown or grains found scattered as the result of normal agricultural planting or harvesting.
[Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-264, filed 8/11/99, effective 9/11/99; 81-12-029 (Order 165), § 232-12-264, filed 6/1/81. Formerly WAC 232-12-650.]
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232-12-267
Field identification of wildlife — Evidence of sex — Definitions.
(1) It is unlawful to possess or transport game birds unless the feathered heads are left attached to the carcass, except falconry caught birds, until the carcass is processed and/or stored for consumption.
(2) It is unlawful to possess or transport big game animals unless evidence of the sex of the animal remains naturally attached to the carcass until the carcass is processed and/or stored for consumption.
(a) Evidence of sex means the head with antlers or horns attached or penis or testes of male big game animals or the head or udder of female big game animals any of which must be naturally attached to at least one quarter of the carcass or to the largest portion of meat.
(b) For the purpose of this rule, "stored for consumption" means at the final point of storage prior to consumption of the meat.
(3) It is unlawful to possess or transport goat, sheep, moose, deer or elk taken in hunting areas which have horn or antler restrictions unless the head or skull plate, with both horns or both antlers naturally attached, accompanies the carcass.
(4) The possession of a taxidermist's receipt which includes the taxidermist's name, address, and telephone number, the hunter's name, address, telephone number, license, and tag number, the species and sex of the game bird or big game animal taken, as well as antler points or horn size and the date and GMU location or special deer/elk permit area where taken, shall be deemed to constitute compliance with this section.
For the purpose of this rule "accompanies the carcass" means to remain with the carcass until it has reached the point of processing or storage.
(5) It is lawful for persons who have complied with the department of fish and wildlife's chronic wasting disease sampling program to possess deer and elk without proof of sex under the following provisions:
(a) The head of the deer or elk must have been surrendered to an authorized department collection site.
(b) The hunter is in possession of an official department disease testing program identification card, completely filled out and signed and dated by a department employee or authorized agent.
(c) The carcass of the deer or elk is transported directly from where the head has been surrendered to the point of processing or storage.
Failure to comply with (a) through (c) of this subsection constitutes unlawful possession of big game and is punishable under RCW 77.15.410.
[Statutory Authority: RCW 77.12.047. 02-15-018 (Order 02-129), § 232-12-267, filed 7/8/02, effective 8/8/02. Statutory Authority: RCW 77.12.040. 92-12-064 (Order 555), § 232-12-267, filed 6/1/92, effective 7/2/92. Statutory Authority: RCW 77.12.040 and 77.16.095. 91-13-064 (Order 499), § 232-12-267, filed 6/17/91, effective 7/18/91. Statutory Authority: RCW 77.12.030, 77.12.105 and 77.16.095. 89-14-018 (Order 401), § 232-12-267, filed 6/26/89. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-267, filed 6/1/81.]
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232-12-271
Criteria for planting aquatic plants and releasing wildlife.
(1) Release by persons other than the director. It is unlawful for persons other than the director to plant aquatic plants or release any species, subspecies, or hybrids of animals which do not already exist in the wild in Washington. If such species, subspecies, or hybrid does already exist in the wild in Washington, it may be released within its established range by persons other than the director, but only after obtaining a permit from the director.
(a) Application for a permit must be made on a form provided by the department. It must be submitted at least thirty days prior to acquisition of the wildlife or aquatic plants intended for release or planting, and must provide all information indicated.
(b) Permits will only be issued if the director determines there will be no adverse impact on the wildlife or wildlife habitat of the state.
(c) Each permit shall require that at least thirty days prior to planting or release of wildlife or aquatic plants they must be made available for inspection by the director. It shall be the responsibility of the applicant to show that the wildlife will not pose a disease threat. If the director is not satisfied that the wildlife or aquatic plants do not pose a disease threat, they shall not be released or planted in the state. Director approval for release or planting may be withdrawn for cause.
(d) Each permit shall require that an applicant intending to release wildlife in the state shall report immediately to the director the outbreak of any disease among the wildlife intended to be released. If the director determines that such outbreak presents a threat to the wildlife of the state, the director may immediately order such action as necessary including quarantine or destruction of stock, sterilization of enclosures and facilities, cessation of activities, and disposal of wildlife in a manner satisfactory to the director.
(e) Each permit shall require that wildlife to be released shall not be branded, tattooed, tagged, fin clipped or otherwise marked for identification without approval of the director or as required in WAC 232-12-044.
(f) Legally acquired pheasant of the genus Phasianus; gray partridge of the genus Perdix; chukar of the genus Alectoris; quail of the genus Callipepla and Colinus; and mallards (Anas platyrhynchos) may be released without a permit for purposes of dog training, and hunting pursuant to WAC 232-12-044. Game birds of these species released for these purposes must be purchased from facilities that have been inspected by a certified veterinarian within the past twelve months. Rock doves may be released without permit for purposes of bird dog training.
(2) Release by the director. The director may plant aquatic plants or release animal species, subspecies, or hybrids which have been planted or released previously in Washington if they do not pose a disease threat and if planting or release will not cause adverse impact on the wildlife or wildlife habitat of the state. Before releasing any species, subspecies, or hybrid of animal not already existing in the wild in Washington, the director shall report to the commission on the planned release, stating the basis for determining that the planned release fulfills the criteria set forth herein. The director may release nonnative species, subspecies, or hybrids not previously released in Washington only if the director in his or her sole discretion has determined that:
(a) There is no reasonable expectation of adverse impact on the wildlife or wildlife habitat of the state and there is an adequate plan for evaluating such impact following the release;
(b) The commission has classified the species, subspecies, or hybrids to be released pursuant to RCW 77.12.020;
(c) Suitable habitat is available;
(d) The nonnative species, subspecies, or hybrids to be released are free of exotic pathogens;
(e) The release serves the public interest.
(3) This section does not apply to release of classified or unclassified fish or shellfish by persons who have caught or taken the fish or shellfish, provided the fish or shellfish are released into the water or on the tidelands at the approximate location where taken, except that fishing contest participants may release fish at a contest-designated location in the same body of water from which the fish were taken.
[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), § 232-12-271, 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), § 232-12-271, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.04.055, 77.12.040 and 77.16.150. 91-24-015 (Order 521), § 232-12-271, filed 11/22/91, effective 12/23/91. Statutory Authority: RCW 77.12.020, 77.12.040 and 77.16.150. 89-12-044 (Order 397), § 232-12-271, filed 6/2/89. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), § 232-12-271, filed 1/28/82; 81-12-029 (Order 165), § 232-12-271, filed 6/1/81. Formerly WAC 232-12-675.]
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232-12-272
Juvenile fishing events.
(1) Juvenile fishing events are restricted to persons under fifteen years of age. A juvenile fishing event exists when ten or more juveniles fish competitively and determine winners, regardless of prize value.
(2) It is unlawful for a juvenile fishing event sponsor to fail to notify the department regional office in the region in which the event will occur prior to holding a juvenile fishing event. The department shall approve or deny the juvenile fishing event. It is unlawful to sponsor a juvenile fishing event if the department has denied approval of the event. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(3) Juvenile fishing events that may adversely affect fish or wildlife resources or other recreational opportunity may be denied. Juvenile fishing events are not allowed on sea-run cutthroat trout, Dolly Varden, or bull trout.
(4) The daily limit for the juvenile fishing event shall not exceed the daily limit for the species being fished in the body of water where the event is being held, except that the event sponsor may set a daily limit lower than the daily limit for the body of water. Events are restricted to approved waters.
(5) Events may not exceed three consecutive days.
(6) Event participants may not restrict public access at boat launches.
(7) The total prizes awarded for any juvenile fishing event may not exceed $1,000.
(8) Juvenile fishing event sponsors requesting fish from the department are required to apply for fish by February 1st of the year in which the event is planned.
Sponsors who receive fish are required to report event information required by the department by February 1st of the year following the event. Failure to report event information will result in a denial of fish for the calendar year following the calendar year during which the event was held.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 232-12-272, filed 4/11/06, effective 5/12/06; 02-08-048 (Order 02-53), § 232-12-272, filed 3/29/02, effective 5/1/02.]
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232-12-275
Wildlife rehabilitation permits.
(1) For the purposes of this rule, the following definitions apply:
(a) "Bird" means any wild animal of the class Aves.
(b) "Dedicated workspace" means the minimum amount of floor space necessary to maintain access to oiled bird rehabilitation pens.
(c) "Drying resources" mean the floor space and pen requirements associated with the removal of water from the skin and feathers of a bird.
(d) "Imping" means a method of repairing broken feathers.
(e) "Indoor area" means the space within an oiled bird rehabilitation facility in which the air temperature and exchange of air can be controlled and maintained. Indoor areas may consist of space for: Intake, prewash holding, wash/rinse, drying, oiled bird rehabilitation pools, morgue/necropsy, bird food preparation, storage, freezers, isolation/intensive care unit, medical laboratory, laundry, electrical, and mechanical areas.
(f) "Intake space" means the minimum amount of floor space necessary to admit live or dead birds into an oiled bird rehabilitation facility.
(g) "Mesh size" means the measured distance between the centers of the two opposing vertices in the same mesh of a piece of netting when pulled taut.
(h) "Oil" means oil of any kind and any form, such as petroleum and nonpetroleum oils including, but not limited to, crude oil and refined petroleum products, animal fats and vegetable oil, other oils of animal or vegetable origin, and other nonpetroleum oils.
(i) "Oiled bird" means a bird that has come in contact with oil.
(j) "Oiled bird rehabilitation pen" means an enclosure used to hold birds during oiled bird rehabilitation.
(k) "Oiled bird rehabilitation pool" means a container filled with unheated fresh water used during the rehabilitation of oiled birds.
(l) "Oiled bird rehabilitation" is a specialized form of wildlife rehabilitation and means the process of caring for oiled birds during intake, prewash holding, washing and rinsing, drying; while in pools; by providing semi-static and static areas; and by maintaining air temperature and air exchange while the birds are in an oiled bird rehabilitation facility.
(m) "Oiled bird rehabilitation facility" is a type or portion of a wildlife rehabilitation facility and means the contiguous indoor and outdoor areas used for the rehabilitation of oiled birds.
(n) "Outdoor area" means an area within an oiled bird rehabilitation facility that does not fit the definition of an indoor area.
(o) "Orphan-imprinting" means to use wildlife for the purpose of feeding, socializing, and teaching appropriate behavior to young wildlife.
(p) "Prewash holding resources" mean the floor space and oiled bird rehabilitation pen requirements within an oiled bird rehabilitation facility necessary to hold birds after intake and prior to washing.
(q) "Principal veterinarian" means a licensed veterinarian who provides in writing their willingness to assist the rehabilitator in conducting wildlife rehabilitation activities.
(r) "Public display" means to place or locate wildlife so that they may be viewed by the public.
(s) "Semi-static areas" mean dedicated indoor spaces within an oiled bird rehabilitation facility where the required size of the space will vary relative to the number of birds to be rehabilitated. These include areas for bird food preparation, morgue/necropsy, storage, and freezers.
(t) "Static areas" mean dedicated indoor spaces within an oiled bird rehabilitation facility where the required size of the space does not vary regardless of the number of birds to be rehabilitated. These include areas for the isolation/intensive care unit, medical laboratory, laundry, electrical, and mechanical spaces.
(u) "Wash/rinse resources" mean the water, cleaning agent, and space requirements necessary to remove oil from the skin and feathers of a bird.
(v) "Wildlife rehabilitation" means the care and treatment of injured, diseased, oiled, or abandoned wildlife, including, but not limited to, capture, transporting, veterinary treatment, feeding, housing, exercise therapy, and any other treatment or training necessary for release back to the wild.
(w) "Wildlife rehabilitation facility" means the authorized sites as shown on the wildlife rehabilitation permit where the treatment and rehabilitation takes place.
(x) "Wildlife rehabilitator" means a person who conducts wildlife rehabilitation or someone who conducts wildlife rehabilitation under the supervision of a valid wildlife rehabilitation permit holder.
(y) "Wildlife rehabilitation permit" means a permit issued by the director, or director's designee, that authorizes a person, or someone under the supervision of a valid wildlife rehabilitation permit holder, to conduct wildlife rehabilitation.
(2) It shall be unlawful for any person to possess wildlife for the purpose of rehabilitation unless:
(a) They have a valid wildlife rehabilitation permit; or
(b) They are working under the supervision of a person who has a valid wildlife rehabilitation permit.
(3) A wildlife rehabilitation permit may be issued to a person to conduct or oversee wildlife rehabilitation and is valid so long as the information in the permit remains current, the permit holder continues to meet the conditions and requirements of the permit, and provisions of this rule are followed. Any change to the information on the permit must be reported in writing within ten working days or the permit may be invalidated.
(4) The director, or director's designee, may issue and condition a wildlife rehabilitation permit if the applicant complies with the following:
(a) The applicant is either a licensed veterinarian or can demonstrate six months of experience in wildlife rehabilitation, which must include three months during the spring or summer and has a principal veterinarian as a sponsor. The director, or director's designee, may consider education in wildlife rehabilitation as a substitute for experience.
(b) The applicant must successfully complete a wildlife rehabilitator's examination(s) as prescribed by the director, or director's designee.
(c) The wildlife rehabilitation facility is inspected by the department and meets the wildlife rehabilitation care and facility standards for wildlife in the Washington State Wildlife Rehabilitation Facility and Care Standards pamphlet. In order for the wildlife rehabilitation permit to allow for the rehabilitation of oiled birds, the facility also needs to meet the requirements in subsection (24) of this section. When facility requirements in subsection (24) of this section conflict with requirements in the Wildlife Rehabilitation Facility and Care Standards pamphlet, subsection (24) of this section shall take precedence.
(5) The wildlife rehabilitation permit holder must maintain and upon request make available to the department, a wildlife rehabilitation daily ledger. The ledger must include the date the wildlife is received, the species and nature of the illness, the location where the wildlife was found, the date and disposition of the wildlife, the release location, and if any, tags and/or band numbers. It is unlawful for a wildlife rehabilitation permit holder to fail to enter required information in the wildlife rehabilitation ledger within twenty-four hours of the day wildlife is received and on the day of all subsequent activities as required in the ledger.
(6) The wildlife rehabilitation permit holder must submit to the department no later than January 31 of each year an annual report providing information as required by the director, or director's designee, and a copy of the daily ledger. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(7) All permits and records held pursuant to statutes and rules dealing with wildlife rehabilitation will be kept on file at the wildlife rehabilitation facility. The records will be retained for a period of five years.
(8) A copy of the valid wildlife rehabilitation permit must be in possession of any person possessing or transporting wildlife for the wildlife rehabilitation facility.
(9) The wildlife rehabilitation permit holder will notify the department within twenty-four hours of receiving a state or federal endangered or threatened species or an oiled bird; within seventy-two hours of receiving a state sensitive species or marked, tagged, or banded wildlife; and prior to release of threatened or endangered species or oiled birds. The release notification information relative to oiled birds shall include the number of birds being released, the species of birds being released, the proposed location of the release, and the proposed date/time of release.
(10) The wildlife rehabilitation permit holder will notify the department within twenty-four hours after the death of an oiled bird or a state or federal endangered or threatened species; or as soon as an endangered or threatened species is determined to be nonreleasable to the wild. Oiled birds or endangered or threatened species will not be disposed of or euthanized without prior department approval.
(11) Rehabilitated wildlife may be banded or otherwise identified by the department.
(12) The wildlife rehabilitation permit holder will notify the department, within five working days from the date of death, of any wildlife known to have died of the following diseases: Avian cholera, avian pox, duck viral enteritis, environmental contaminants, ornithosis, Newcastle's disease, rabies, canine distemper or tuberculosis (in species other than birds).
(13) Rehabilitated wildlife will be released as soon as possible into its proper habitat in the same area as recovered, except as provided by written authorization from the director or director's designee. Rehabilitated oiled birds shall only be released in the same area as recovered when the threat of becoming reoiled no longer exists. If the area that they were recovered in is not clean enough to allow for their release at that location, department approval is required prior to releasing rehabilitated oiled birds in another location.
(14) It is unlawful to hold wildlife for longer than one hundred eighty days, except as provided by written authorization from the director, or director's designee.
(15) Dead wildlife, excluding oiled birds, will be disposed of through deposit at an approved Washington state university or college, a permitted research project or through burial, incineration, or a licensed rendering facility. The wildlife rehabilitation permit holder shall notify the department when in possession of dead oiled birds. Dead oiled birds shall not be disposed of without prior department approval.
(16) It is unlawful to publicly display wildlife while it is undergoing rehabilitation.
(17) It is unlawful to retain wildlife for the purpose of orphan imprinting or to retain feathers of protected or endangered wildlife for the purpose of "imping," except as provided by written authorization from the director, or director's designee.
(18) It is unlawful for wildlife being held for rehabilitation to be used for propagation.
(19) Wildlife being held for the purposes of rehabilitation must be kept separate from wildlife held under other licenses and domestic animals, except as provided by written authorization from the director, or director's designee.
(20) The wildlife rehabilitation permit holder may receive from the department and possess at the wildlife rehabilitation facility, dead wildlife for the purpose of feeding wildlife being rehabilitated.
(21) Fish and wildlife enforcement officers may inspect at reasonable times and in a reasonable manner the wildlife, permits, records, and wildlife rehabilitation facility of any wildlife rehabilitator.
(22) Any wildlife rehabilitation permit holder who fails to comply with any condition within the holder's permit or any provision of this rule is in violation of the permit and the permit may be revoked. Any wildlife rehabilitation permit holder found in violation of the permit conditions, with the exception of oiled bird facility requirements, may provide to the department a plan for corrective action, within ten days, to return to compliance. Any wildlife rehabilitation permit holder with an acceptable plan for corrective action to violations other than oiled bird facility requirements will be given a minimum of thirty days to correct a permit violation prior to revocation. Wildlife rehabilitation permit holders found in violation of oiled bird rehabilitation facility requirements shall correct these violations within twenty-four hours to avoid revocation of their authorization to rehabilitate oiled birds.
(23) All wildlife held by a wildlife rehabilitation permit holder remains the property of the state, is subject to control by the state and will not be offered for sale or sold.
(24) Oiled bird rehabilitation facility requirements:
(a) Air temperature and air exchange requirements: This section refers to the air temperature and air exchange requirements within indoor areas.
(i) Air temperature: All indoor areas shall have the means to control air temperature and shall be adjustable and maintainable at any given air temperature between 65°F - 85°F. When the number of birds in an oiled bird rehabilitation facility at a given time exceeds fifty, the following shall also apply:
(A) Intake and prewash holding areas shall be air temperature controlled independently of other oiled bird rehabilitation facility areas but may be controlled together;
(B) Wash/rinse and drying areas shall be air temperature controlled independently of other oiled bird rehabilitation facility areas but may be controlled together; and
(C) The isolation/intensive care unit shall be air temperature controlled independently of other oiled bird rehabilitation facility areas.
(ii) Air exchange: All indoor areas shall have the means to exchange the air volume a minimum of ten times per hour with fresh air from outside. When the number of birds in an oiled bird rehabilitation facility at a given time exceeds fifty, the following shall also apply:
(A) Intake and prewash holding areas may be combined on the same air exchange system. Air exchange systems in the intake and prewash holding areas shall be independent of other oiled bird rehabilitation facility air exchange systems; and
(B) Wash/rinse and drying areas may be combined on the same air exchange system. Air exchange systems in the wash/rinse and drying areas shall be independent of other oiled bird rehabilitation facility air exchange systems; and
(C) The isolation/intensive care unit air exchange system shall be independent of other oiled bird rehabilitation facility areas; and
(D) The morgue/necropsy air exchange system shall be independent of other oiled bird rehabilitation facility areas.
(b) Intake space requirement: Intake shall occur in an indoor area. Forty square feet of contiguous floor space shall be provided for each group of sixty live or dead oiled birds, or portion of each group of sixty, that have been collected and are awaiting intake. The floor of the intake space shall be impermeable. Water shall not be allowed to accumulate on the floor.
(c) Prewash holding resource requirements: Prewash holding shall occur in an indoor area. Oiled bird rehabilitation pen space and the associated dedicated workspace shall be provided in the prewash holding area.
(i) Oiled bird rehabilitation pen requirements: Prewash oiled bird rehabilitation holding pens shall be no smaller than two feet in length by two feet in width; and a minimum of two feet high. Prewash oiled bird rehabilitation holding pens shall be constructed with knotless nylon net-bottoms with a stretched mesh size of one-half inch and shall provide 1.6 square feet of pen space per bird. Oiled bird rehabilitation holding pens shall be constructed in a manner such that no point within the pen is greater than two feet from a pen wall. Oiled bird rehabilitation holding pens shall be elevated a minimum of twelve inches above the floor surface.
(ii) Space requirements: In addition to the space required for prewash oiled bird rehabilitation holding pens, an additional 3.2 square feet of dedicated workspace shall be provided in the prewash holding area for each bird held in the prewash holding area. The floor of the prewash holding area shall be impermeable. Water shall not be allowed to accumulate on the floor.
(d) Wash/rinse resource requirements: Wash/rinse shall occur in an indoor area. A bird shall be provided wash/rinse space and associated resources within twenty-four hours after intake.
(i) Water requirements: A minimum of three hundred gallons of fresh water with the following characteristics shall be made available within each wash/rinse space for each oiled bird being washed and rinsed: The water temperature shall be maintained between 104°F - 106°F; the water hardness shall be maintained between 30 mg - 50 mg calcium carbonate/liter (2-3 grain hardness); the water pressure shall be maintained between 40-60 p.s.i. at a flow rate not less than six gallons per minute. All water requirements listed above shall remain within the specified ranges at all times.
(ii) Cleaning agent requirements: Liquid dishwashing detergents are the only cleaning agents that shall be used to remove oil from birds. Other detergents, including, but not limited to, machine dishwasher soaps and detergents, hand soaps, powdered products, and antibacterial dishwashing detergents shall not be used.
(iii) Space requirements: One hundred square feet of contiguous floor space shall be provided for each group of sixteen live oiled birds, or portion of each group of sixteen, that are ready to be washed and rinsed. The floor of the wash/rinse area shall be impermeable. Water shall not be allowed to accumulate on the floor.
(e) Drying resource requirements: Drying shall occur in an indoor area. Oiled bird rehabilitation pen space and the associated dedicated workspace shall be provided in the drying area. Drying shall be accomplished by warming the air in the drying pen to between 90°F - 95°F.
(i) Oiled bird rehabilitation drying pen requirements: Oiled bird rehabilitation drying pens shall be no smaller than three feet in length by two feet in width; and a minimum of two feet high. Oiled bird rehabilitation drying pens shall be constructed with knotless nylon net-bottoms with a stretched mesh size of one-half inch and shall provide 2.7 square feet of pen space per bird. Each oiled bird rehabilitation pen shall be constructed in a manner such that no point within the pen is greater than two feet from a pen wall. Oiled bird rehabilitation drying pens shall be elevated a minimum of twelve inches above the floor surface. If prewash oiled bird rehabilitation holding pens meet the criteria for use as oiled bird rehabilitation drying pens and are used in the drying process, they must be cleaned of oil residue prior to use.
(ii) Space requirements: In addition to the space required for oiled bird rehabilitation drying pens, an additional 3.2 square feet of dedicated workspace shall be provided in the drying area for each bird held in the drying area. The floor of the drying area shall be impermeable. Water shall not be allowed to accumulate on the floor.
(f) Oiled bird rehabilitation pool resource requirements: Oiled bird rehabilitation pools shall be filled with unheated fresh water. Oiled bird rehabilitation pool space shall be provided immediately after a bird has been dried, and shall be provided until the bird is released.
(i) Oiled bird rehabilitation pool requirements: Oiled bird rehabilitation pool water shall be a minimum of four feet deep. Each bird shall be afforded a minimum of 7.5 square feet of water surface space (e.g., a twelve-foot diameter oiled bird rehabilitation pool shall house not more than fifteen birds). Each oiled bird rehabilitation pool shall be of dimensions such that no point within the pool is greater than eight feet from a side of the pool. In addition, each oiled bird rehabilitation pool shall have a breathable cover to prevent birds from escaping. Each oiled bird rehabilitation pool shall be constantly supplied with water sufficient to maintain a depth of four feet and an exchange rate of not less than four and one-quarter times per day. Water exiting the oiled bird rehabilitation pool shall come from the surface of the pool so that floating debris and oil are removed. Water from oiled bird rehabilitation pools may be reused within a facility if made oil free.
(ii) Space requirements: Oiled bird rehabilitation pools shall be within the oiled bird rehabilitation facility. Oiled bird rehabilitation pools shall be no closer than four feet from another structure.
(g) Semi-static areas:
(i) Space requirements: Semi-static areas shall be indoor areas. The floors in semi-static areas shall be impermeable. Water shall not be allowed to accumulate on the floor. When the total number of birds in an oiled bird rehabilitation facility, on a given day, is less than fifty, there are no minimum space requirements for semi-static areas. When the total number of birds in an oiled bird rehabilitation facility, on a given day, is between fifty and one thousand, each semi-static area listed in Table 1 shall be allocated the associated space. When the total number of birds in an oiled bird rehabilitation facility, on a given day, is between one thousand one and two thousand, each semi-static area listed in Table 1 shall be allocated two times the associated space, and, when the total number of birds in the oiled bird rehabilitation facility, on a given day, is between two thousand one and three thousand, each semi-static area listed in Table 1 shall be allocated three times the associated space, etc. Space for the semi-static areas listed in Table 1 shall be accommodated within an oiled bird rehabilitation facility with the exception of the morgue/necropsy.
Table 1:
Semi-static area space requirements by activity type.
Area Space
Morgue/necropsy 250 sq. ft.
Bird food preparation 300 sq. ft.
Storage 100 sq. ft.
Freezers 100 sq. ft.
(h) Static areas:
(i) Space requirements: Static areas shall be indoor areas. The floors in static areas shall be impermeable. Water shall not be allowed to accumulate on the floor. When the total number of birds in an oiled bird rehabilitation facility, on a given day, is less than fifty, there are no minimum space requirements for static areas. When the number of birds in an oiled bird rehabilitation facility, on a given day, exceeds fifty, each static area listed in Table 2 shall be allocated the associated space. All of the space associated with the areas listed in Table 2 shall be accommodated within an oiled bird rehabilitation facility with the exception of the laundry.
Table 2:
Static area space requirements by activity type.
Area Space
Isolation/intensive care unit 200 sq. ft.
Medical laboratory 200 sq. ft.
Laundry 200 sq. ft.
Electrical 100 sq. ft.
Mechanical 250 sq. ft.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 232-12-275, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 77.12.047 and 90.56.110. 04-20-020 (Order 04-250), § 232-12-275, filed 9/27/04, effective 10/28/04. Statutory Authority: RCW 77.12.040. 98-01-210 (Order 97-251), § 232-12-275, filed 12/23/97, effective 1/23/98. Statutory Authority: RCW 77.12.040, 77.12.700 and 77.12.010. 96-12-045, § 232-12-275, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 77.12.030 and 77.12.040. 88-09-036 (Order 308), § 232-12-275, filed 4/15/88.]
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232-12-277
Taxidermy and furdealing records.
(1) It is unlawful for a licensed taxidermist or furdealer upon receiving wildlife for mounting, tanning, storage or processing to fail to record the following information:
(a) The taxidermist's name, address, and business phone;
(b) The date the item was received;
(c) The hunter/taker's name and address;
(d) The owner's name and address;
(e) A description of the species received;
(f) The county where taken (GMU if available);
(g) The license, tag, permit, and seal number;
(h) The date the completed item was returned to the original customer. Such record must be maintained for a minimum of two years or as long as the wildlife is retained by the taxidermist or furdealer and shall be maintained in a central location at the principle place of business either in a ledger provided by the department or on sequentially numbered pre-printed invoices provided by the taxidermist or furdealer. Taxidermists or furdealers opting to use preprinted invoices are required to maintain all sequentially numbered invoices, including voided documents.
(2) All records and wildlife held pursuant to the statutes or regulations dealing with taxidermy or furdealing must be open to inspection by a wildlife agent at reasonable times in accordance with the provisions of RCW 77.12.095.
(3) Licensed taxidermists or furdealers who have complied with the ledger requirements established in this section shall be deemed to be in compliance with the notice and reporting requirements contained in WAC 232-12-021 and 232-12-077.
[Statutory Authority: RCW 77.12.040. 92-12-064 (Order 555), § 232-12-277, filed 6/1/92, effective 7/2/92; 81-12-029 (Order 165), § 232-12-277, filed 6/1/81. Formerly WAC 232-12-690, 232-12-700, and 232-12-710.]
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232-12-284
Bighorn sheep — Marking requirements.
(1) For the purpose of this regulation, horns shall be defined as the permanent, paired, hollow sheath of bighorn sheep attached to the bony core and skull.
(2) It is unlawful for a person who kills or possesses a bighorn sheep taken in Washington to fail, within ten days after acquisition, to personally present the horns for inspection and permanent marking at a department regional office. A department employee shall permanently mark one of the horns of each lawfully acquired bighorn sheep.
(3) It is unlawful for any person to possess the horns of a bighorn sheep taken in Washington without one of the horns being permanently marked by the department.
(4) It is unlawful for any person who transfers ownership or possession of the horns of a bighorn sheep which has been permanently marked to fail to give written notice of the transfer to the department within ten days after the transfer.
[Statutory Authority: RCW 77.12.040. 96-22-073 (Order 96-193), § 232-12-284, filed 11/5/96, effective 12/6/96; 81-12-029 (Order 165), § 232-12-284, filed 6/1/81.]
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232-12-287
Possession of dead wildlife.
(1) Except as authorized by permit of the director or by subsection (2) of this section, it is unlawful to possess wildlife found dead. This rule does not prohibit the possession of naturally shed antlers of deer, elk, or moose.
(2) An individual may remove and dispose of wildlife found dead on his or her property or an adjoining public roadway. Before removing the wildlife, the individual shall, by telephone, notify the department or the Washington state patrol communications office, and shall provide his or her name, address, telephone number, and the description and location of the wildlife. The individual may remove the wildlife for disposal only, and may not retain the wildlife for personal use or consumption. Other laws and rules may apply to the disposal, including rules of the department of health (WAC 246-203-120). Wildlife removed under this section remain the property of the state.
[Statutory Authority: RCW 77.12.047. 03-16-087 (Order 03-175), § 232-12-287, filed 8/5/03, effective 9/5/03. Statutory Authority: RCW 77.12.040. 95-10-026, § 232-12-287, filed 4/26/95, effective 5/27/95; 81-12-029 (Order 165), § 232-12-287, filed 6/1/81. Formerly WAC 232-12-180.]
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232-12-289
Official hunting hours for game birds and game animals.
(1) OFFICIAL HUNTING HOURS
FOR MIGRATORY GAME BIRDS, UPLAND BIRDS, AND WILD TURKEYS*
WHEN THE SEPTEMBER 1 - JANUARY 31 PERIOD BEGINS ON SUNDAY
Western Washington
from Eastern Washington
from
Dates (Inclusive) A.M. to P.M. A.M. to P.M.
Daylight Savings Time
Sun. Sept. 1 - Sun. Sept. 8 6:00 7:45 5:45 7:30
Mon. Sept. 9 - Sun. Sept. 15 6:10 7:30 6:00 7:15
Mon. Sept. 16 - Sun. Sept. 22 6:20 7:15 6:10 7:00
Mon. Sept. 23 - Sun. Sept. 29 6:30 7:00 6:20 6:45
Mon. Sept. 30 - Sun. Oct. 6 6:40 6:45 6:30 6:35
Mon. Oct. 7 - Sun. Oct. 13 6:50 6:30 6:40 6:20
Mon. Oct. 14 - Sun. Oct. 20 7:00 6:20 6:50 6:05
Mon. Oct. 21 - Sat. Oct. 26 7:10 6:05 7:00 5:55
Pacific Standard Time
Sun. Oct. 27 6:10 5:05 6:00 4:55
Mon. Oct. 28 - Sun. Nov. 3 6:20 4:55 6:10 4:50
Mon. Nov. 4 - Sun. Nov. 10 6:30 4:45 6:20 4:30
Mon. Nov. 11 - Sun. Nov. 17 6:40 4:35 6:30 4:20
Mon. Nov. 18 - Sun. Nov. 24 6:50 4:25 6:40 4:15
Mon. Nov. 25 - Sun. Dec. 1 7:00 4:20 6:50 4:10
Mon. Dec. 2 - Sun. Dec. 8 7:10 4:20 7:00 4:10
Mon. Dec. 9 - Sun. Dec. 15 7:15 4:20 7:05 4:10
Mon. Dec. 16 - Sun. Dec. 22 7:20 4:20 7:10 4:10
Mon. Dec. 23 - Sun. Dec. 29 7:25 4:25 7:10 4:15
Mon. Dec. 30 - Sun. Jan. 5 7:25 4:30 7:15 4:15
Mon. Jan. 6 - Sun. Jan. 12 7:25 4:35 7:15 4:25
Mon. Jan. 13 - Sun. Jan. 19 7:20 4:45 7:10 4:35
Mon. Jan. 20 - Sun. Jan. 26 7:15 4:55 7:05 4:45
Mon. Jan. 27 - Fri. Jan. 31 7:10 5:05 7:00 4:55
* These are lawful hunting hours (one-half hour before sunrise to sunset) for migratory game birds (duck, goose, coot, snipe, mourning dove, and band-tailed pigeon); upland birds (pheasant, quail, partridge); and turkey during established seasons.
Exceptions:
(a) Western Washington - Pheasant and quail hunting hours are 8:00 a.m. to 4:00 p.m. in all areas.
(b) Clark (except areas south of the Washougal River), Cowlitz, Grays Harbor, Pacific, and Wahkiakum counties - Goose hunting hours are 8:00 a.m. to 4:00 p.m., except one-half hour before sunrise to sunset during the September goose season and 7:00 a.m. to 4:00 p.m. during the late goose season.
(c) Hunting hours for falconry seasons (except migratory game bird seasons) are exempt from these hunting hours, except on designated pheasant release sites.
(2) OFFICIAL HUNTING HOURS
FOR MIGRATORY GAME BIRDS, UPLAND BIRDS, AND WILD TURKEYS*
WHEN THE SEPTEMBER 1 - JANUARY 31 PERIOD BEGINS ON MONDAY
Western Washington
from Eastern Washington
from
Dates (Inclusive) A.M. to P.M. A.M. to P.M.
Daylight Savings Time
Mon. Sept. 1 - Sun. Sept. 7 6:00 7:45 5:45 7:30
Mon. Sept. 8 - Sun. Sept. 14 6:10 7:30 5:50 7:20
Mon. Sept. 15 - Sun. Sept. 21 6:20 7:15 6:10 7:05
Mon. Sept. 22 - Sun. Sept. 28 6:30 7:00 6:15 6:50
Mon. Sept. 29 - Sun. Oct. 5 6:40 6:45 6:30 6:35
Mon. Oct. 6 - Sun. Oct. 12 6:50 6:30 6:40 6:25
Mon. Oct. 13 - Sun. Oct. 19 7:00 6:20 6:50 6:10
Mon. Oct. 20 - Sat. Oct. 25 7:10 6:10 7:00 5:55
Pacific Standard Time
Sun. Oct. 26 6:15 5:00 6:00 4:50
Mon. Oct. 27 - Sun. Nov. 2 6:20 4:55 6:15 4:45
Mon. Nov. 3 - Sun. Nov. 9 6:30 4:45 6:20 4:30
Mon. Nov. 10 - Sun. Nov. 16 6:40 4:35 6:30 4:25
Mon. Nov. 17 - Sun. Nov. 23 6:50 4:30 6:40 4:15
Mon. Nov. 24 - Sun. Nov. 30 7:00 4:20 6:50 4:10
Mon. Dec. 1 - Sun. Dec. 7 7:10 4:20 7:00 4:10
Mon. Dec. 8 - Sun. Dec. 14 7:15 4:20 7:05 4:05
Mon. Dec. 15 - Sun. Dec. 21 7:20 4:20 7:10 4:10
Mon. Dec. 22 - Sun. Dec. 28 7:25 4:25 7:10 4:10
Mon. Dec. 29 - Sun. Jan. 4 7:25 4:30 7:15 4:15
Mon. Jan. 5 - Sun. Jan. 11 7:25 4:35 7:15 4:25
Mon. Jan. 12 - Sun. Jan. 18 7:25 4:45 7:10 4:35
Mon. Jan. 19 - Sun. Jan. 25 7:20 4:55 7:05 4:45
Mon. Jan. 26 - Fri. Jan. 31 7:10 5:00 7:00 4:55
* These are lawful hunting hours (one-half hour before sunrise to sunset) for migratory game birds (duck, goose, coot, snipe, mourning dove, and band-tailed pigeon); upland birds (pheasant, quail, partridge); and turkey during established seasons.
Exceptions:
(a) Western Washington - Pheasant and quail hunting hours are 8:00 a.m. to 4:00 p.m. in all areas.
(b) Clark (except areas south of the Washougal River), Cowlitz, Grays Harbor, Pacific, and Wahkiakum counties - Goose hunting hours are 8:00 a.m. to 4:00 p.m., except one-half hour before sunrise to sunset during the September goose season and 7:00 a.m. to 4:00 p.m. during the late goose season.
(c) Hunting hours for falconry seasons (except migratory game bird seasons) are exempt from these hunting hours, except on designated pheasant release sites.
(3) OFFICIAL HUNTING HOURS
FOR MIGRATORY GAME BIRDS, UPLAND BIRDS, AND WILD TURKEYS*
WHEN THE SEPTEMBER 1 - JANUARY 31 PERIOD BEGINS ON TUESDAY
Western Washington
from Eastern Washington
from
Dates (Inclusive) A.M. to P.M. A.M. to P.M.
Daylight Savings Time
Tues. Sept. 1 - Sun. Sept. 6 6:00 7:45 5:50 7:35
Mon. Sept. 7 - Sun. Sept. 13 6:10 7:35 6:00 7:20
Mon. Sept. 14 - Sun. Sept. 20 6:20 7:20 6:05 7:05
Mon. Sept. 21 - Sun. Sept. 27 6:30 7:05 6:15 6:50
Mon. Sept. 28 - Sun. Oct. 4 6:40 6:50 6:25 6:35
Mon. Oct. 5 - Sun. Oct. 11 6:45 6:35 6:35 6:25
Mon. Oct. 12 - Sun. Oct. 18 6:55 6:20 6:45 6:10
Mon. Oct. 19 - Sat. Oct. 24 7:05 6:10 6:55 6:00
Pacific Standard Time
Sun. Oct. 25 6:10 5:00 6:00 4:50
Mon. Oct. 26 - Sun. Nov. 1 6:20 4:55 6:05 4:45
Mon. Nov. 2 - Sun. Nov. 8 6:30 4:45 6:15 4:35
Mon. Nov. 9 - Sun. Nov. 15 6:40 4:35 6:30 4:25
Mon. Nov. 16 - Sun. Nov. 22 6:50 4:30 6:40 4:15
Mon. Nov. 23 - Sun. Nov. 29 7:00 4:25 6:45 4:10
Mon. Nov. 30 - Sun. Dec. 6 7:10 4:20 6:55 4:10
Mon. Dec. 7 - Sun. Dec. 13 7:15 4:20 7:05 4:05
Mon. Dec. 14 - Sun. Dec. 20 7:20 4:20 7:10 4:10
Mon. Dec. 21 - Sun. Dec. 27 7:25 4:20 7:15 4:10
Mon. Dec. 28 - Sun. Jan. 3 7:30 4:30 7:15 4:15
Mon. Jan. 4 - Sun. Jan. 10 7:25 4:35 7:15 4:25
Mon. Jan. 11 - Sun. Jan. 17 7:25 4:45 7:10 4:30
Mon. Jan. 18 - Sun. Jan. 24 7:20 4:55 7:05 4:40
Mon. Jan. 25 - Sat. Jan. 31 7:10 5:00 7:00 4:50
* These are lawful hunting hours (one-half hour before sunrise to sunset) for migratory game birds (duck, goose, coot, snipe, mourning dove, and band-tailed pigeon); upland birds (pheasant, quail, partridge); and turkey during established seasons.
Exceptions:
(a) Western Washington - Pheasant and quail hunting hours are 8:00 a.m. to 4:00 p.m. in all areas.
(b) Clark (except areas south of the Washougal River), Cowlitz, Grays Harbor, Pacific, and Wahkiakum counties - Goose hunting hours are 8:00 a.m. to 4:00 p.m., except one-half hour before sunrise to sunset during the September goose season and 7:00 a.m. to 4:00 p.m. during the late goose season.
(c) Hunting hours for falconry seasons (except migratory game bird seasons) are exempt from these hunting hours, except on designated pheasant release sites.
(4) OFFICIAL HUNTING HOURS
FOR MIGRATORY GAME BIRDS, UPLAND BIRDS, AND WILD TURKEYS*
WHEN THE SEPTEMBER 1 - JANUARY 31 PERIOD BEGINS ON WEDNESDAY
Western Washington
from Eastern Washington
from
Dates (Inclusive) A.M. to P.M. A.M. to P.M.
Daylight Savings Time
Wed. Sept. 1 - Sun. Sept. 5 6:00 7:45 5:50 7:35
Mon. Sept. 6 - Sun. Sept. 12 6:10 7:35 5:55 7:20
Mon. Sept. 13 - Sun. Sept. 19 6:15 7:20 6:05 7:10
Mon. Sept. 20 - Sun. Sept. 26 6:25 7:05 6:15 6:55
Mon. Sept. 27 - Sun. Oct. 3 6:35 6:50 6:25 6:40
Mon. Oct. 4 - Sun. Oct. 10 6:45 6:40 6:35 6:25
Mon. Oct. 11 - Sun. Oct. 17 6:55 6:25 6:45 6:10
Mon. Oct. 18 - Sun. Oct. 24 7:05 6:10 6:55 6:00
Mon. Oct. 25 - Sat. Oct. 30 7:15 6:00 7:05 5:45
Pacific Standard Time
Sun. Oct. 31 - Sun. Nov. 7 6:25 4:50 6:15 4:35
Mon. Nov. 8 - Sun. Nov. 14 6:40 4:40 6:25 4:25
Mon. Nov. 15 - Sun. Nov. 21 6:50 4:30 6:35 4:20
Mon. Nov. 22 - Sun. Nov. 28 7:00 4:25 6:45 4:10
Mon. Nov. 29 - Sun. Dec. 5 7:05 4:20 6:55 4:10
Mon. Dec. 6 - Sun. Dec. 12 7:15 4:20 7:05 4:05
Mon. Dec. 13 - Sun. Dec. 19 7:20 4:20 7:10 4:05 (continued)