WSR 03-18-001

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 20, 2003, 1:37 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-13-139.

Title of Rule: Nuisance wildlife control rules.

Purpose: Amend nuisance wildlife control operator rules.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Nuisance wildlife control is done by permitting, not agreements.

Reasons Supporting Proposal: Update to current procedure.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Nuisance wildlife control is done by operators authorized by the department. The authorization has evolved from the original concept of agreements to a highly structured permit system. This rule will formalize the issuance and revocation, provide an appeal mechanism, and set a definitive length for each permit.

Proposal Changes the Following Existing Rules: Amend nuisance wildlife control operator rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Nuisance wildlife control operators are required to report control activity as a permit condition. This rule proposal makes no changes to that requirement.

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: No compliance costs.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? There is no cost of compliance.

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:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

No cost of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This rule is the result of a permit mechanism developed through interaction with industry.

8. A List of Industries That Will Be Required to Comply with the Rule: Nuisance wildlife control operators.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Fort Warden State Park, Port Townsend, Washington, on December 5-6, 2003, begins at 8:00 a.m. on December 5, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 28, 2003.

Date of Intended Adoption: December 5, 2003.

August 20, 2003

Evan Jacoby

Rules Coordinator

OTS-6567.2


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 permits 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 permits for control of said nuisance or problem wildlife.

((Agreements entered into)) Nuisance wildlife control operator permits 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)) nuisance wildlife control operator permit application 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 shall have the equipment, knowledge and ability to control those species listed in the agreement.

(4) ((Agreements)) Nuisance wildlife control operator permits may be revoked((, modified)) or ((suspended)) future permits 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 under the permit fails to comply with any of the permit conditions; or

(c) The permittee or person trapping under the permit violates a trapping or other wildlife law.

(5) ((Term of the agreement shall not exceed)) If the permit 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 permits 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 without a nuisance wildlife control permit.

(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.]

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