WSR 06-10-087

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 3, 2006, 10:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-04-003.

Title of Rule and Other Identifying Information: Sale of wildlife parts.

Hearing Location(s): Red Lion Hotel Wenatchee, 1225 North Wenatchee Avenue, Wenatchee, on June 9-10, 2006, starts at 9:00 a.m. on June 9, 2006.

Date of Intended Adoption: June 9, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by June 2, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by May 26, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will allow sale of cougar hides without a special permit, and will allow persons and businesses to import game farm-raised deer and elk meat.

Reasons Supporting Proposal: Reduce regulatory burden on cougar hide sales and provide for lawful importation and sale of game farmed meat.

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: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

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: Businesses importing game farmed deer and elk will be required to retain the sales invoice with the product until it is exported or consumed.

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: Minimal. Businesses routinely retain invoices.

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.

There are no costs 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: The department will contact the Washington Restaurant Association.

A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

May 3, 2006

Evan Jacoby

Rules Coordinator

OTS-8861.1


AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01, effective 5/27/01)

WAC 232-12-071   Buying or selling game unlawful -- Game-farmed meat exception.   (1) Unless prohibited by federal regulations, nonedible parts of wild animals, game birds or game fish lawfully taken may be offered for sale, sold, purchased or traded, except((,(1))) it is unlawful to offer for sale, sell, purchase or trade the following unless authorized by a written permit issued by the director:

(a) Nonedible parts of ((cougar,)) bighorn sheep((,)) or mountain goat.

(b) Velvet antlers of deer or elk.

(c) Gall bladder, claws, or teeth of bear, except those claws or teeth permanently attached to a full bear skin or mounted bear.

(2) It is unlawful to knowingly buy, sell, or otherwise exchange, or offer to buy, sell, or otherwise exchange the raw fur or carcass of a wild animal trapped in Washington with a body-gripping trap, whether or not pursuant to permit.

(3) It is lawful to purchase and sell the meat of game-farm raised deer and elk, provided the meat is imported from a licensed game farm in another state, the meat is boned and only meat is imported for sale, and the meat is packaged for retail sale prior to import into this state. It is unlawful to fail to maintain proof of the source of the game-farmed meat together with the meat until the meat is consumed or exported.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-071, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), 232-12-071, filed 1/28/82; 81-12-029 (Order 165), 232-12-071, filed 6/1/81. Formerly WAC 232-12-171.]

Washington State Code Reviser's Office