PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-14-045.
Title of Rule and Other Identifying Information: WAC 232-12-129 Captive propagation of raptors -- Sale, records, reports and inspection.
Hearing Location(s): Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, 98569, (360) 289-4600, on December 3-4, 2004, at 8:00 a.m.
Date of Intended Adoption: December 3, 2004.
Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2612, by Tuesday, November 16, 2004.
Assistance for Persons with Disabilities: Contact Susan Yeager by December 1, 2004, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently under authority of WAC 232-12-064(5) Live wildlife, live wildlife held in captivity or their progeny may not be sold or otherwise commercialized except by rule of the commission.
In November 2003 the Washington Falconer's Association (WFA), petitioned the Washington Fish and Wildlife Commission to allow the sale of progeny of captive bred raptors and that any lawfully held raptor could be transferred to a valid raptor propagation permit. To do this they recommended a change to WAC 232-12-129. The commission heard their petition at a May 6, 2004, commission conference call and moved to consider their proposal to change this WAC at the December 2004 commission meeting.
The Washington Department of Fish and Wildlife (WDFW) is opposed to this change. Therefore, the commission will be presented with two options: Option A (WDFW) - maintains the rule with clarification that progeny of captive raptors may not be sold; and Option B (WFA) - allows for the sale of progeny of captive bred raptors and the transfer of legally held birds to propagation permits.
Reasons Supporting Proposal: WDFW reasons in support of Option A:
• WDFW by policy is opposed to commercialization of any live wildlife and is concerned that allowance of this practice in falconry will have ramifications for the commercialization of wildlife in other areas.
• The commercialization of the progeny of captive bred raptors increases the incentive for criminal activity, such as, the illegal removal of wild raptors for direct sale or breeding purposes.
• If a reintroduction of species is necessary it is unlikely that the stock would be taken from private falconers because of ability to control breeding purity and/or disease. It is more likely that reintroduction would take place from birds taken directly from the wild or from a zoo or university where the breeding line can be more closely tracked.
WFA reasons in support of Option B:
• Providing a captive gene pool should reintroduction become necessary (e.g., peregrine falcon).
• Providing diversity in the captive bred breeding pool.
• Providing a recreational opportunity to gain knowledge of the raptor's full life cycle.
• Improving the welfare of captive raptors by allowing them to engage in their normal annual breeding behavior.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Fish and Wildlife Commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee, cost per hour of labor, or cost per one hundred dollars of sales. No appreciable costs for compliance.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: None were needed.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Virtually all businesses are members of the Washington State Falconer's Association. We have had considerable correspondence and a workshop with this group when considering this rule.
8. A List of Industries That Will Be Required to Comply with the Rule: Persons required to have a raptor propagation permit.
A copy of the statement may be obtained by contacting Wildlife Program, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2515, fax (360) 902-2162, e-mail Wildthing@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.
October 20, 2004
Evan Jacoby
Rules Coordinator
AMENDATORY SECTION(Amending 85-09-006 (Order 245), filed
4/5/85)
WAC 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 not be used for propagation purposes.
(((5))) (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 77.12.030, 77.12.090, 77.12.105 and 77.32.070. 85-09-006 (Order 245), § 232-12-129, filed 4/5/85.]
AMENDATORY SECTION(Amending Order 245, filed 4/5/85)
WAC 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) 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.
(6) Any lawfully held raptor may be transferred to a valid raptor propagation permit.
(7) The progeny of lawfully taken Washington raptors possessed under a valid raptor propagation permit may be marked with a seamless U.S. Fish and Wildlife Service band and offered for sale, sold, or traded to anyone holding a permit authorizing possession of said raptor.
[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.]