WSR 05-21-112

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 18, 2005, 4:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-17-195.

Title of Rule and Other Identifying Information: WAC 232-12-021 Importation and retention of dead nonresident wildlife.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504, on December 2-3, 2005, at 8:00 a.m.

Date of Intended Adoption: December 2, 2005.

Submit Written Comments to: 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 Monday, November 14, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 30, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal amends restrictions on the importation of dead wildlife to include moose from states known to harbor chronic wasting disease in wild populations. It adds New York, West Virginia, and Alberta to the list of state/provinces that have CWD in wild cervid populations.

Reasons Supporting Proposal: Research results have confirmed the infective agents of chronic wasting disease (CWD) can transfer from decomposing carcasses into the environment. The research conducted by scientists from Colorado and Wyoming showed that infective agents in the soil could infect healthy deer. Recent monitoring in other states has confirmed CWD in wild, free-ranging moose for the first time. Three new states/provinces have confirmed CWD in their wild cervid populations: New York, West Virginia, and Alberta.

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; Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

October 18, 2005

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 04-327, filed 1/3/05, effective 2/3/05)

WAC 232-12-021   Importation and retention of dead nonresident wildlife.   It is unlawful:

(1) To import or possess dead wildlife, taken in another state or country, into Washington unless such wildlife was acquired lawfully. Proof of legal acquisition must be retained during the period of retention of the carcass or edible parts. Violation of this subsection is punishable under RCW 77.15.290.

(2) For a person who imports a dead mountain sheep, mountain goat, cougar or bear to fail to report such importation to the department in writing within ten days of the importation. The report must contain the name and address of the importer, the location where the dead wildlife is being stored and general information describing where and how the wildlife was obtained. Violation of this subsection is punishable under RCW 77.15.290.

(3) To import or possess deer, ((or)) elk, or moose, or parts thereof, harvested in Colorado, Wyoming, Utah, New Mexico, Wisconsin, Illinois, South Dakota, Nebraska, New York, West Virginia, Alberta and Saskatchewan with the following exceptions:

(a) Meat that has been deboned in the state or province where it was harvested and is imported as boned out meat;

(b) Skulls and antlers, antlers attached to the skull plate, or upper canine teeth (buglers, whistlers, ivories) from which all soft tissue has been removed;

(c) Hides or capes without heads attached;

(d) Tissue imported for use by a diagnostic or research laboratory;

(e) Finished taxidermy mounts.

Violation of this subsection is punishable under RCW 77.15.290.

(4) To fail to notify the department within twenty-four hours if an importer or receiver of deer or elk is notified by a state or province that a harvested animal has tested positive for chronic wasting disease. Violation of this subsection is an infraction punishable under RCW 77.15.160.

[Statutory Authority: RCW 77.12.047. 05-02-046 (Order 04-327), 232-12-021, filed 1/3/05, effective 2/3/05. Statutory Authority: RCW 77.12.030. 93-04-040 (Order 583), 232-12-021, filed 1/27/93, effective 2/13/93. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), 232-12-021, filed 1/28/82; 81-12-029 (Order 165), 232-12-021, filed 6/1/81. Formerly WAC 232-12-060.]

Washington State Code Reviser's Office