WSR 04-01-053

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-303 -- Filed December 11, 2003, 2:43 p.m. ]


Date Adopted: December 5, 2003.

Purpose: Amend nuisance wildlife control operator rule.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-086.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-21-145 on October 22, 2003.

Changes Other than Editing from Proposed to Adopted Version: In the preface, after "nuisance wildlife control operator" add "(NWCO)."

In subsection (1), change the subsections to read:

"(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."

In subsection (7), after "property of another" add "for a fee or other consideration."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 10, 2003

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-6567.4


AMENDATORY SECTION(Amending Order 255, filed 10/19/84)

WAC 232-12-086   Director or his designee is empowered to ((enter agreements)) 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 ((enter into agreements)) issue nuisance wildlife control operator (NWCO) certifications for control of said nuisance or problem wildlife.

((Agreements entered into shall be subject to the following criteria:))

(1) ((The control activity shall not adversely affect the department's obligation to preserve, protect and perpetuate the states wildlife.

(2) The agreement shall include but is not limited to:

(a) The procedure for reporting control activity to the department.

(b) Species of animals approved for control.

(c) Location of control activity covered by the agreement.

(d) Methods of control activity allowed (by species).

(e) Disposition of animals controlled or captured.

(3) The person or agency doing the control work)) 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 ((those species listed in the agreement)) 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) ((Agreements)) Nuisance wildlife control operator certifications may be revoked((, modified)) or ((suspended)) future certifications denied by the director or issuing authority ((as provided in WAC 232-12-197)) 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) ((Term of the agreement shall not exceed)) 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. ((The agreement may be extended three years at a time with written approval of both parties.))

(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 77.04.020. 84-21-086 (Order 255), 232-12-086, filed 10/19/84.]