WSR 05-05-008

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-10 -- Filed February 7, 2005, 3:46 p.m. , effective March 10, 2005 ]


Purpose: Amend WAC 232-12-129 Captive propagation of raptors -- Sale, records, reports and inspection.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-129.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 04-21-096 on October 20, 2004.

Changes Other than Editing from Proposed to Adopted Version: The Fish and Wildlife Commission adopted Option A; subsection (5) was changed to read: "Wild caught raptors taken in Washington may be used for propagation purposes, progeny shall not be offered for sale or trade." This change was made so that falconers would be allowed to use wild caught raptors for propagation purposes, but not for sale or trade.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 14, 2005.

February 2, 2005

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-7814.1


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) 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 77.12.030, 77.12.090, 77.12.105 and 77.32.070. 85-09-006 (Order 245), 232-12-129, filed 4/5/85.]

Washington State Code Reviser's Office