Original Notice.

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

     Title of Rule: Nuisance wildlife control operator (NWCO) rules.

     Purpose: Clarify requirements for NWCOs.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Clarifies NWCO certification, reporting requirements, suspension mechanism and appeal rights.

     Reasons Supporting Proposal: Provide clarification and due process.

     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: The NWCO program grew out of agreements to control nuisance and problem wildlife. Since this program allows for the possession of live wildlife (live-trapped wild animals and wild birds), a permit from the director is necessary. This permit will be in the form of NWCO certification. Minimum qualifications are established, trap usage is clarified, and quarterly reporting is required. Additionally, provisions are made for suspension of certification and an appeal process.

     Proposal does not change existing rules.

     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: Must purchase a trapping license.

     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:

     a. Cost per employee;

     b. Cost per hour of labor; or

     c. Cost per one hundred dollars of sales.

     The trapping license is $36 for residents, $15 for residents under sixteen, and $180 for nonresidents.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department has prepared a simplified quarterly reporting form, and offers the NWCO certification course and special trapping permits at no cost. Additionally hunter education offers trapper education at no cost.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Provide a copy of the rule to all current NWCOs and solicit public testimony.

     8. A List of Industries That Will Be Required to Comply with the Rule: All NWCOs.

     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 Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 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.

October 21, 2003

Evan Jacoby

Rules Coordinator

OTS-6567.3

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 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) Have no felony convictions, nor any record of a gross misdemeanor fish and wildlife violation in Washington state within the last five years;

     (c) Be licensed as a trapper in the state;

     (d) Have completed the NWCO certification course; and

     (e) Have the equipment, knowledge and ability to control ((those species listed in the agreement)) problem wildlife.

     (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 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.]

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