Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amending WAC 232-12-021 Importation and retention of dead nonresident wildlife, 232-12-068 Nontoxic shot requirements, and 232-12-134 Report required of licensed trappers.

     Adopting WAC 232-28-434 2010-11 Migratory waterfowl seasons and regulations and chapter 232-30 WAC, Falconry regulations.

     Repealing WAC 232-12-101 Falconry and captive propagation of raptors permitted, 232-12-104 Falconry definitions, 232-12-106 Provisions for accidental take by falconers, 232-12-107 Falconry permit license required, 232-12-114 Permit required for capture of raptors, 232-12-117 Marking and identification of raptors required, 232-12-121 Reporting requirements for capture, importation, exportation, transfer, or other disposal of raptors, 232-12-124 Methods of capture and prohibitions in taking raptors, 232-12-127 Revocation, modifications, or suspension of falconry permits, 232-12-129 Captive propagation of raptors -- Sale, records, reports and inspection, and 232-16-690 Bayview Game Reserve.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-101, 232-12-104, 232-12-106, 232-12-107, 232-12-114, 232-12-117, 232-12-121, 232-12-124, 232-12-127, 232-12-129, and 232-16-690; and amending WAC 232-12-021, 232-12-068, and 232-12-134.

     Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.210.

     Other Authority: C.F.R. Title 50, Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act.

      Adopted under notice filed as WSR 10-09-104 on April 21, 2010, and WSR 10-13-180 on June 23, 2010.

     Changes Other than Editing from Proposed to Adopted Version: WAC 232-12-021 Importation and retention of dead nonresident wildlife.

     Changes from the text of the proposed rule and reasons for difference:

     •     None.

     WAC 232-12-064 Live wildlife.

     •     A clerical error included this WAC in the list of WACs proposed for repeal. No changes were made to this rule.

     WAC 232-12-066 Revocation, modification, or suspension of a permit to hold wild animals, wild birds, or game fish in captivity.

     •     A clerical error included this WAC in the list of WACs proposed for repeal. No changes were made to this rule.

     WAC 232-12-068 Nontoxic shot requirements.

     Changes from the text of the proposed rule and reasons for difference:

     •     Under the list of approved nontoxic shot types, the composition of tungsten-iron-copper-nickel was corrected to reflect the composition approved by United States Fish and Wildlife Service. The list of approved nontoxic shot types was also amended to include tungsten-iron-polymer shot, recently approved by United States Fish and Wildlife Service.

     •     Under subsection (3), Hoehn Road was added to the list of areas where possession of only nontoxic shot is required when hunting for upland game birds (pheasants, quail, chukar, or gray partridge), mourning doves, band-tailed pigeons, or game animals. The reason for the change is that the department completed an agreement with the United States Forest Service on July 23, 2010, to add Hoehn Road near Sedro Wooley as a new pheasant release site in Skagit County for the 2010-11 season. The site has been determined to be an area where nontoxic shot use is necessary to prevent lead shot ingestion by wildlife.

     WAC 232-12-134 Report required of licensed trappers.

     Changes from the text of the proposed rule and reasons for difference:

     •     None.

     WAC 232-12-264 Baiting of waterfowl.

     Changes from the text of the proposed rule and reasons for difference:

     •     This WAC amendment request is being withdrawn due to an insufficient number of commission votes necessary to approve the proposed amendments.

     WAC 232-16-690 Bayview Game Reserve.

     Changes from the text of the proposed rule and reasons for difference:

     •     None; rule is repealed as originally proposed.

     WAC 232-28-434 2010-11 Migratory waterfowl seasons and regulations.

     Changes from the text of the proposed rule and reasons for difference:

     •     Under duck season bag limits, grammatical changes were made to clarify geographical restrictions on bag limits.

     •     Under snow goose authorization requirements, the section listing Fir Island restrictions was moved to a new section, titled Skagit County special restrictions, to expand and highlight restrictions developed, based on input from a citizens' working group in Skagit County and the statewide waterfowl advisory group. Within the new section, the restriction on discharging a firearm within one hundred feet of any paved road while hunting snow geese was expanded from Fir Island to all of Skagit County, because snow geese have started using new areas in Skagit County off of Fir Island. Additional language was added in the new section regarding decoy use on Fir Island, to add violation of decoy requirements to the list of conditions for authorization invalidation, as well as violation of the one hundred foot road buffer when hunting snow geese. Because of these additions, the requirement for decoy use in the snow goose quality hunting program on pages 3 and 4 were deleted as duplicative. Decoy requirements and firearm use restrictions along roads are intended to improve hunting practices, and invalidation of authorizations will assist in achieving compliance with these rules. In the last sentence, references to 2010-11 and 2011-12 were changed to "current" and "subsequent" respectively, to eliminate the need to modify these references each year.

     •     Under Goose Management Areas 2A, 2B, and special late goose season for Goose Management Area 2A, changes were made to all bag limits for cackling geese from three per day and six in possession to two per day and four in possession. The reason for the change is the federal frameworks for cackling goose bag limits were not increased by the U.S. Fish and Wildlife Service at their July 27-29, 2010, meetings, based on recommendations from the Pacific Flyway Council. Additional coordination with Alaska subsistence hunters is required before seasons can be liberalized.

     •     Under Goose Management Area 2A, Christmas and New Year's closures were added to the Ridgefield NWR goose season to avoid having staff work check stations on holidays.

     •     In the last paragraph under special provisions for Goose Management Areas 2A and 2B, a restriction was added to goose checking requirements, regarding presentation of intact and fully feathered geese at check stations, to improve the ability of check stations to determine subspecies identification.

     Chapter 232-30 WAC Falconry regulations.

     Changes from the text of the proposed rule and reasons for difference (by individual WAC):

     •     Extensive edits were made for the purposes of paragraph and section structure, sentence simplification, punctuation, correction of person and voice of language (from second person to third, e.g. from "you" replaced by "the falconer"), and incorporated United States Fish and Wildlife Service new falconry regulations language, grammar, clarification of content, and word spacing.

     •     Replaced the word "bird" used throughout all sections with the word "raptor" to be more precise in the type of birds that the new falconry WACs cover.

     WAC 232-30-100 Falconry and captive propagation of raptors permitted.

     •     Edited the WAC to delete the word "adult." Falconry regulations apply to all age classes of raptors.

     WAC 232-30-120 Falconry definitions.

     •     Edited the WAC to clarify the definition of a hybrid raptor.

     •     Edited the WAC with the word "may" to clarify the definition of hacking.

     •     Edited to clarify the WAC definition of the falconry term "hacking" to indicate it is not solely, but sometimes, the temporary release of a raptor held in falconry to the wild so that it may survive on its own.

     WAC 232-30-130 Permits to practice falconry.

     •     Added clarifying language that agents or other parties under the supervision of a falconer do not need falconry permits.

     •     Edited the WAC to clarify that people who are not falconers may participate in falconry activities in the field with non-resident falconers.

     WAC 232-30-140 Reporting falconry activities.

     •     Deleted partially redundant language.

     WAC 232-30-151 Apprentice falconer classes of permit and permitted raptors.

     •     Edited the WAC to allow apprentices to possess a wider range of raptors.

     WAC 232-30-152 General falconer classes of permit and permitted raptors.

     •     Edited the WAC to allow general falconers to possess raptors from any origin - wild taken, captive bred, or exotics.

     WAC 232-30-153 Master falconer classes of permit.

     •     Edited the WAC to clarify the type and source of raptor a master class of falconer may possess.

     •     Clarified the subsection with the insertion of language indicating wild taken eagles will count against the five raptors a master may take, even though Washington does not have a permitted eagle take.

     WAC 232-30-175 Transport of raptors out of state.

     •     Edited the WAC to clarify that only an out of country loss of a raptor needs immediate reporting.

     WAC 232-30-220 Designation as a wild raptor.

     •     Edited the WAC to clarify the designation status of a wild raptor.

     WAC 232-30-242 Releasing a falconry raptor to the wild permanently.

     •     The edited WAC added the federal requirement for removing bands from raptors to be released to the wild.

     WAC 232-30-244 Transfer, selling, or trading raptors under a falconry permit.

     •     The edited WAC added omitted content from existing WAC regarding the transfer of wild caught raptors out of state.

     •     Deleted subsection (4) and moved it to become subsection (6) in WAC 232-30-510.

     WAC 232-30-250 Provisions for accidental take by falconers.

     •     Edited the WAC to replace "protected" with "threatened and endangered."

     WAC 232-30-410 Inspections.

     •     Edited the WAC to consolidate and simplify federal regulation language.

     •     Added clarifying language regarding inspections of facilities on property not owned by a falconer.

     •     Edited WAC to delete ambiguous "he/she" pronouns to specifically state that if the falconer does not own the falconry facility, he or she must submit to the department a statement, signed by the property owner, agreeing that the facilities may be inspected in the presence of the property owner at any reasonable time, without advance notice, as per federal regulation language.

     WAC 232-30-420 Facilities are required for possession of falconry or abatement raptors.

     •     Edited the WAC to eliminate the need for new Washington resident falconers to have approved facilities prior to importing a raptor into the state.

     •     Edited WAC to add the omitted word "falconer" after "resident," since the WAC obviously refers to a falconer, not any resident of the state.

     WAC 232-30-440 Facilities and care requirements and guidelines.

     •     The edited WAC added clarifying federal language on exceptions for the raptor water source requirement.

     WAC 232-30-510 Captive propagation of raptors.

     •     Added new subsection language (5) and (6) to permit the use of wild-caught raptors for captive propagation, but to prohibit the sale or trade of their progeny.

     WAC 232-30-520 Hacking of falconry raptors.

     •     Edited the WAC to add additional use of hacking for the simple return of a falconry raptor to the wild.

     WAC 232-30-530 Abatement activities with captive raptors.

     •     The edited WAC added language to clarify conflicting federal language that apprentice class falconers may conduct bird abatement activities.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 1, Repealed 10; Federal Rules or Standards: New 1, 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 2, Amended 3, Repealed 11.

     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: August 6, 2010.

Miranda Wecker, Chair

Fish and Wildlife Commission

OTS-3333.1

AMENDATORY SECTION(Amending Order 07-62, filed 5/3/07, effective 6/3/07)

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, elk, or moose, or parts thereof, harvested in Colorado, Wyoming, Utah, New Mexico, Wisconsin, Illinois, South Dakota, Nebraska, Kansas, New York, West Virginia, Virginia, North Dakota, 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, 77.12.020, 77.12.570, 77.12.210. 07-11-017 (Order 07-62), § 232-12-021, filed 5/3/07, effective 6/3/07. Statutory Authority: RCW 77.12.047. 06-02-063 (Order 05-271), § 232-12-021, filed 1/3/06, effective 2/3/06; 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.]

OTS-3187.3

AMENDATORY SECTION(Amending Order 09-53, filed 4/15/09, effective 5/16/09)

WAC 232-12-068   Nontoxic shot requirements.   (1) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot when hunting for waterfowl, coot, or snipe. Nontoxic shot includes the following approved types:

Approved Nontoxic Shot Type*	Percent Composition by Weight
bismuth-tin	97 bismuth, 3 tin
iron (steel)	iron and carbon
iron-tungsten	any proportion of tungsten, >=1 iron
iron-tungsten-nickel	>=1 iron, any proportion of tungsten, up to 40 nickel
tungsten-bronze	51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron; and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron
tungsten-iron-copper-nickel	40-76 tungsten, 10-37 iron, 9-16 copper, 5-7 nickel
tungsten-matrix	95.9 tungsten, 4.1 polymer
tungsten-polymer	95.5 tungsten, 4.5 nylon 6 or 11
tungsten-tin-iron	any proportions of tungsten and tin, >=1 iron
tungsten-tin-bismuth	any proportions of tungsten, tin, and bismuth
tungsten-tin-iron-nickel	65 tungsten, 21.8 tin, 10.4 iron, 2.8 nickel
tungsten-iron-polymer	41.5-95.2 tungsten, 1.5-52.0 iron, and 3.5-8.0 fluoropolymer
*Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved.

     The director may adopt additional nontoxic shot types consistent with federal regulations.

     (2) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot in the following areas:

     Well's Wildlife Area (Bridgeport Bar Unit)

     Cowlitz Wildlife Area (all units)

     Whatcom Wildlife Area (all units)

     Shillapoo Wildlife Area (all units)

     Skagit Wildlife Area (all units)

     Snoqualmie Wildlife Area (all units)

     Sunnyside-Snake River Wildlife Area (Headquarters, Byron and Windmill Ranch units)

     Sinlahekin Wildlife Area (Driscoll Island, Hegdahl, and Kline Parcel units)

     ((John's River)) Olympic Wildlife Area (Chinook and Chehalis units)

     South Puget Sound Wildlife Area (Davis Creek (Koopman) Unit).

     (3) It is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading), other than nontoxic shot, when hunting for upland game birds (pheasants, quail, chukar, or gray partridge), mourning doves, band-tailed pigeons, or game animals in the following areas:

     Chehalis River pheasant release site

     Dungeness Recreation Area

     Hoehn Road pheasant release site

     Hunter Farms pheasant release site

     Raymond Airport pheasant release site

     Two Rivers and Wallula Units of the U.S. Fish and Wildlife Service's McNary National Wildlife Refuge

     All Whidbey Island pheasant release sites

     (4) Beginning in 2011, it is unlawful to possess shot (either in shotshells or as loose shot for muzzleloading), other than nontoxic shot, when hunting for upland game birds (pheasant, quail, chukar, and gray partridge), mourning doves, band-tailed pigeons, on areas where pheasants are released, to include:

Asotin Wildlife Area (Hartsock Unit)	Chelan Wildlife Area (Chelan Butte and Swakane units)	Columbia Basin Wildlife Area (Banks Lake, Gloyd Seeps, Lower Crab Creek, Quincy Lakes, Warden units)
Sinlahekin Wildlife Area (Chiliwist Unit)	Colockum Wildlife Area (Headquarters Unit)	Wenas Wildlife Area (Wenas Unit)
Klickitat Wildlife Area (Hill Road Unit)	Scatter Creek Wildlife Area	Sherman Creek Wildlife Area
Skookumchuck Wildlife Area	Steamboat Rock, Fishtrap, John Henley, Willow Bar, Rice Bar, Hartsock, Mill Creek, Wallula, Peninsula, Hollebeke/Lost Island, Buckshot, Big Flat, and Ringold Pheasant Release sites	Fort Lewis Belfair Woodland Creek and Lincoln Creek Pheasant Release sites

[Statutory Authority: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240. 09-09-083 (Order 09-53), § 232-12-068, filed 4/15/09, effective 5/16/09. Statutory Authority: RCW 77.12.047, 77.12.020. 08-01-052 (Order 07-292), § 232-12-068, filed 12/13/07, effective 1/13/08. Statutory Authority: RCW 77.12.047. 06-16-133 (Order 06-181), § 232-12-068, filed 8/2/06, effective 9/2/06; 05-17-098 (Order 05-174), § 232-12-068, filed 8/15/05, effective 9/15/05; 03-16-030 (Order 03-165), § 232-12-068, filed 7/29/03, effective 8/29/03; 03-13-047 (Order 03-129), § 232-12-068, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 77.12.040. 01-17-092 (Order 01-157), § 232-12-068, filed 8/20/01, effective 9/20/01. Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), § 232-12-068, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-12-068, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-068, filed 8/11/99, effective 9/11/99; 98-17-044 (Order 98-152), § 232-12-068, filed 8/13/98, effective 9/13/98; 97-18-026 (Order 97-164), § 232-12-068, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040 and 77.12.010. 96-18-009 (Order 96-127), § 232-12-068, filed 8/22/96, effective 9/22/96. Statutory Authority: RCW 77.12.040. 95-18-072 (Order 95-126) § 232-12-068, filed 9/1/95, effective 10/2/95.]

OTS-3188.2

REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 232-12-101	Falconry and captive propagation of raptors permitted.
WAC 232-12-104	Falconry definitions.
WAC 232-12-106	Provisions for accidental take by falconers.
WAC 232-12-107	Falconry permit license required.
WAC 232-12-114	Permit required for capture of raptors.
WAC 232-12-117	Marking and identification of raptors required.
WAC 232-12-121	Reporting requirements for capture, importation, exportation, transfer, or other disposal of raptors.
WAC 232-12-124	Methods of capture and prohibitions in taking raptors.
WAC 232-12-127	Revocation, modifications or suspension of falconry permits.
WAC 232-12-129	Captive propagation of raptors -- Sale, records, reports and inspection.

OTS-3334.1

AMENDATORY SECTION(Amending Order 06-196, filed 8/15/06, effective 9/15/06)

WAC 232-12-134   Report required of licensed trappers.   All trappers purchasing a trapping license must report their trapping activity, regardless of trapping success or whether they trapped or not.

     (1) Trappers must report trapping activity by April ((10)) 20.

     (2) Reports must be made using the department's designated Trapper's Report of Catch form or internet trapper reporting system.

     (3) If a trapper chooses to report using the Trapper's Report of Catch form, it is the responsibility of the licensed trapper to obtain a form and ensure the form is received by Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091.

     (4) Any trapper not reporting by April ((10)) 20 will be in noncompliance of reporting requirements.

     (5) False reports will be considered the same as noncompliance.

     (6) Failure to report trapping activity is an infraction, punishable under RCW 77.15.160.

     (((7) Noncompliant trappers who have paid their penalty under subsection (6) of this section must report their trapping activity prior to being issued a trapping license.))

[Statutory Authority: RCW 77.12.047. 06-17-095 (Order 06-196), § 232-12-134, filed 8/15/06, effective 9/15/06; 06-09-021 (Order 06-67), § 232-12-134, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118), § 232-12-134, filed 8/11/99, effective 9/11/99; 84-16-015 (Order 232), § 232-12-134, filed 7/23/84; 81-22-002 (Order 174), § 232-12-134, filed 10/22/81; 81-12-029 (Order 165), § 232-12-134, filed 6/1/81. Formerly WAC 232-12-280.]

OTS-3189.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-16-690

Bayview Game Reserve.

OTS-3336.2

NEW SECTION
WAC 232-28-434   2010-11 Migratory waterfowl seasons and regulations.  

DUCKS

Statewide

Oct. 16-20, 2010 and Oct. 23, 2010 - Jan. 30, 2011; except scaup season closed Oct. 16 - Nov. 5.

Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 25-26, 2010.

Daily bag limit: 7 ducks, to include not more than 2 hen mallard, 2 pintail, 3 scaup, 1 canvasback, and 2 redhead statewide; and to include not more than 1 harlequin, 2 scoter, 2 long-tailed duck, and 2 goldeneye in Western Washington.

Possession limit: 14 ducks, to include not more than 4 hen mallard, 4 pintail, 6 scaup, 2 canvasback, and 4 redhead statewide; and to include not more than 1 harlequin, 4 scoter, 4 long-tailed duck, and 4 goldeneye in Western Washington.

Season limit: 1 harlequin in Western Washington.

AUTHORIZATION REQUIRED TO HUNT SEA DUCKS

When hunting sea ducks (harlequin, scoter, long-tailed duck, goldeneye) in Western Washington, all persons are required to possess a sea duck hunting authorization and harvest record card. Hunters who did not possess a 2009-10 authorization must submit an application form to WDFW (forms available on-line and at Washington department of fish and wildlife, Olympia and regional offices).

Immediately after taking a sea duck into possession, hunters must record in ink the information required on the harvest record card. Hunters must report harvest information by February 15, 2011. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2011-12 sea duck season.

COOT (Mudhen)

Same areas, dates (including youth hunting weekend), and shooting hours as the general duck season.

Daily bag limit: 25 coots.

Possession limit: 25 coots.

SNIPE

Same areas, dates (except youth hunting weekend), and shooting hours as the general duck season.

Daily bag limit: 8 snipe.

Possession limit: 16 snipe.

GEESE (except Brant)

Special youth hunting weekend open only to hunters 15 years of age or under (must be accompanied by an adult at least 18 years old who is not hunting): Sept. 25-26, 2010, statewide except Western Washington Goose Management Areas 2A and 2B.

Daily bag limit: 4 Canada geese.

Possession limit: 8 Canada geese.

Western Washington Goose Seasons

Goose Management Area 1

Island, Skagit, Snohomish counties.

Oct. 16, 2010 - Jan. 30, 2011 for snow, Ross', or blue geese.

Oct. 16-28, 2010 and Nov. 6, 2010 - Jan. 30, 2011 for other geese (except Brant).

Daily bag limit: 4 geese.

Possession limit: 8 geese.

AUTHORIZATION REQUIRED TO HUNT SNOW GEESE

When hunting snow geese in Goose Management Area 1, all persons are required to possess a snow goose hunting authorization and harvest record card. Hunters who did not possess a 2009-10 authorization must submit an application form to WDFW (forms available on-line and at Washington department of fish and wildlife, Olympia and regional offices).

Immediately after taking a snow goose into possession, hunters must record in ink the information required on the harvest record card. Hunters must report harvest information by February 15, 2011. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2011-12 snow goose season.

SNOW GOOSE QUALITY HUNTING PROGRAM IN GOOSE MANAGEMENT AREA 1

All hunters must obey posted signs regarding access restrictions. Quality hunt units are not available for commercial uses.

On each Saturday during the Goose Management Area 1 season, all units in the Snow Goose Quality Hunting program will be open only to hunters selected by random drawing prior to the season. Hunters must apply for special Saturday hunting authorizations by September 24, 2010, using the department's internet or mail application systems. Successful applicants will be assigned at random to units for each Saturday, and will be mailed a special Saturday hunting authorization listing their hunt date. When hunting snow geese on their assigned unit and hunt date, successful applicants are required to possess this special Saturday hunting authorization. No more than three individuals possessing snow goose authorizations can hunt with the successful applicant. Successful applicants must check in with the WDFW hunt coordinator at least one week prior to their scheduled hunting day to receive specific hunting unit information.

SKAGIT COUNTY SPECIAL RESTRICTIONS

It is unlawful to discharge a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County or to discharge a firearm for the purpose of hunting snow geese within 100 feet of any paved public road in other areas of Skagit County.

It is unlawful to hunt snow geese on Fir Island, Skagit County, inland of the surrounding dikes, unless each hunter sets up a minimum of 24 snow goose decoys. Additionally, it is unlawful to hunt snow geese over decoys unless the decoys are set up in a realistic pattern, are under the immediate control of the hunter, and are not left unattended. For the purposes of this section, a "decoy" is defined as any structure the size of or larger than a mallard duck decoy. A violation of this section is punishable under RCW 77.15.400.

While hunting snow geese, if a hunter is convicted of (a) trespass; (b) shooting from, across, or along the maintained part of any public highway; (c) discharging a firearm for the purpose of hunting waterfowl within 100 feet of any paved public road on Fir Island in Skagit County or discharging a firearm within 100 feet of any paved public road for the purpose of hunting snow geese in other areas of Skagit County; (d) exceeding the daily bag limit for geese; or (e) violating decoy requirements, authorization will be invalidated for the remainder of the current snow goose season and an authorization will not be issued for the subsequent snow goose season.

Goose Management Area 2A

Cowlitz and Wahkiakum counties, and that part of Clark County north of the Washougal River.

Open in all areas except Ridgefield NWR from 8 a.m. to 4:00 p.m., Saturdays, Sundays, and Wednesdays only, Nov. 13-28, 2010 and Dec. 8, 2010 - Jan. 30, 2011, except closed Dec. 25, 2010 and Jan. 1, 2011. Ridgefield NWR open from 8 a.m. to 4:00 p.m. Tuesdays, Thursdays, and Saturdays only, Nov. 13-27, 2010 and Dec. 9, 2010 - Jan. 29, 2011, except closed Nov. 25, 2010 and Dec. 25, 2010 and Jan. 1, 2011.

Bag limits for Goose Management Area 2A:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose and 4 cackling geese.

Season limit: 1 dusky Canada goose.

Goose Management Area 2B

Pacific County.

Open from 8 a.m. to 4:00 p.m., Saturdays and Wednesdays only, Oct. 16 - Dec. 22, 2010 and Jan. 5-15, 2011; Dec. 26 and 29, 2010, and Jan. 2, 2011.

Bag limits for Goose Management Area 2B:

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose, 1 Aleutian goose, and 3 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose, 2 Aleutian geese, and 6 cackling geese.

Season limit: 1 dusky Canada goose.

Special Provisions for Goose Management Areas 2A and 2B:

A dusky Canada goose is defined as a dark-breasted (as shown in the Munsell color chart 10 YR, 5 or less) Canada goose with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.

The goose season for Goose Management Areas 2A and 2B will be closed early if dusky Canada goose harvests exceed area quotas which collectively total 40 geese. The fish and wildlife commission has authorized the director to implement emergency area closures in accordance with the following quotas: A total of 40 duskys, to be distributed 5 for Zone 1 (Ridgefield NWR); 5 for Zone 2 (Cowlitz County south of the Kalama River); 15 for Zone 3 (Clark County except Ridgefield NWR); 7 for Zone 4 (Cowlitz County north of the Kalama River and Wahkiakum County); and 8 for Zone 5 (Pacific County). Quotas may be shifted to other zones during the season to optimize use of the statewide quota and minimize depredation.

Hunting is only permitted by authorization, available at any WDFW license vendor to hunters who have met requirements for participation. New hunters and those who did not maintain a valid 2009-10 authorization must review goose identification training materials and score a minimum of 80% on a goose identification test to receive authorization. Hunters who fail a test must wait 28 days before retesting, and will not be issued a reciprocal authorization until that time.

With authorization, hunters will receive a harvest record card. Hunters must carry the authorization card and harvest record card while hunting. Immediately after taking any goose into possession, hunters must record in ink the information required on the harvest record card. Hunters must go directly to the nearest check station and have geese tagged when leaving a hunt site, before 6:00 p.m. All geese shall be presented intact and fully feathered at the check station. If a hunter takes the season bag limit of one dusky Canada goose or does not comply with requirements listed above regarding checking of birds and recording harvest on the harvest record card, authorization will be invalidated and the hunter will not be able to hunt geese in Goose Management Areas 2A and 2B for the remainder of the season and the special late goose season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B.

Special Late Goose Season for Goose Management Area 2A:

Open to Washington department of fish and wildlife master hunter program graduates and youth hunters (15 years of age or under, who are accompanied by a master hunter) possessing a valid 2010-11 southwest Washington goose hunting authorization, in areas with goose damage in Goose Management Area 2A on the following days, from 7:00 a.m. to 4:00 p.m.:

Saturdays and Wednesdays only, Feb. 5 - Mar. 9, 2011.

Daily bag limit: 4 geese, to include not more than 1 dusky Canada goose and 2 cackling geese.

Possession limit: 8 geese, to include not more than 1 dusky Canada goose and 4 cackling geese.

Season limit: 1 dusky Canada goose.

A dusky Canada goose is defined as a dark-breasted Canada goose (as shown in the Munsell color chart 10 YR, 5 or less) with a culmen (bill) length of 40-50 mm. A cackling goose is defined as a goose with a culmen (bill) length of 32 mm or less.

Hunters qualifying for the season will be placed on a list for participation in this hunt. Washington department of fish and wildlife will assist landowners with contacting qualified hunters to participate in damage control hunts on specific lands incurring goose damage. Participation in this hunt will depend on the level of damage experienced by landowners. The special late goose season will be closed by emergency action if the harvest of dusky Canada geese exceeds 45 for the regular and late seasons. All provisions listed above for Goose Management Area 2A regarding authorization, harvest reporting, and checking requirements also apply to the special late season; except hunters must confirm their participation at least 24 hours in advance by calling the goose hunting hotline (listed on hunting authorization), and hunters must check out by 5:00 p.m. on each hunt day regardless of success. It is unlawful to fail to comply with all provisions listed above for the special late season in Goose Management Area 2A.

Goose Management Area 3

Includes all parts of Western Washington not included in Goose Management Areas 1, 2A, and 2B.

Oct. 16-28, 2010 and Nov. 6, 2010 - Jan. 30, 2011.

Daily bag limit: 4 geese.

Possession limit: 8 geese.

Eastern Washington Goose Seasons

Goose Management Area 4

Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Lincoln, Okanogan, Spokane, and Walla Walla counties.

Saturdays, Sundays, and Wednesdays only during Oct. 16, 2010 - Jan. 23, 2011; Nov. 11, 25, and 26, 2010; Dec. 27, 28, 30, and 31, 2010; January 17, 2011; and every day Jan. 24-30, 2011.

Goose Management Area 5

Includes all parts of Eastern Washington not included in Goose Management Area 4.

Oct. 16-20, 2010, every day from Oct. 23, 2010 - Jan. 30, 2011.

Bag limits for all Eastern Washington Goose Management Areas:

Daily bag limit: 4 geese.

Possession limit: 8 geese.

BRANT

Open in Skagit County only on the following dates:

Jan. 15, 16, 19, 22, 23, 26, 29, and 30, 2011.

If the 2010-11 preseason Brant population in Skagit County is below 6,000 (as determined by the early January survey), the Brant season in Skagit County will be canceled.

Open in Pacific County only on the following dates:

Jan. 15, 16, 18, 20, 22, 23, 25, 27, 29, and 30, 2011.

AUTHORIZATION REQUIRED TO HUNT BRANT

All persons hunting Brant in this season are required to possess a Brant hunting authorization and harvest record card. Hunters who did not possess a 2009-10 authorization must submit an application form to WDFW (forms available on-line and at Washington department of fish and wildlife, Olympia and regional offices).

Immediately after taking a Brant into possession, hunters must record in ink the information required on the harvest record card. Hunters must report harvest information by February 15, 2011. Hunters failing to comply with reporting requirements will be ineligible to participate in the 2011-12 Brant season.

Bag limits for Skagit and Pacific counties:

Daily bag limit: 2 Brant.

Possession limit: 4 Brant.

SWANS

Season closed statewide.

FALCONRY SEASONS

DUCKS, COOTS, AND SNIPE (Falconry)

(Bag limits include geese and mourning doves.)

Oct. 16-20, 2010 and Oct. 23, 2010 - Jan. 30, 2010 statewide.

Daily bag limit: 3, straight or mixed bag with geese and mourning doves during established seasons.

Possession limit: 6, straight or mixed bag with geese and mourning doves during established seasons.

GEESE (Falconry)

(Bag limits include ducks, coot, snipe, and mourning doves.)

Goose Management Area 1: Oct. 16, 2010 - Jan. 30, 2010 for snow, Ross', or blue geese. Oct. 16-28, 2010 and Nov. 6, 2010 - Jan. 30, 2010 for other geese.

Goose Management Area 2A: Saturdays, Sundays, and Wednesdays only, Nov. 13-28, 2010 and Dec. 8, 2010 - Jan. 30, 2010.

Goose Management Area 2B: Saturdays and Wednesdays only, Oct. 16, 2010 - Jan. 16, 2010.

Goose Management Areas 3, 4, and 5: Oct. 16-28, 2010 and Nov. 6, 2010 - Jan. 30, 2010.

Daily bag limit for all areas: 3 geese (except Brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

Possession limit for all areas: 6 geese (except Brant), straight or mixed bag with ducks, coots, snipe, and mourning doves during established seasons.

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OTS-3186.3

     (2) It is unlawful to take or possess a raptor, or raptor eggs, without a permit from the director and/or the U.S. Fish and Wildlife Service. It is unlawful to violate the conditions of a permit issued under this rule.

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     "Captive-bred raptor" means the progeny of a mating of raptors in captivity.

     "Falconry" means the possession and use of raptors for the purpose of hunting or free flight training.

     "Hacking" is the release, sometimes temporary, of a raptor held for falconry to the wild so that it may survive on its own.

     "Hybrid" means offspring of raptors of one or more distinct species listed in the U.S. Fish and Wildlife 50 C.F.R. § 10.13.

     "Imp" is to cut a broken or damaged feather and replace or repair it with an undamaged feather.

     "Imprint," for the purposes of falconry, means a raptor that is hand-raised in isolation from the sight of other raptors from two weeks of age until it has fledged. An imprinted raptor is considered to be so for its entire lifetime.

     "Raptor" means a migratory bird of the Order Falconiformes or the Order Strigiformes listed in the U.S. Fish and Wildlife Service regulations at 50 C.F.R. § 10.13, including the bald eagle (Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos).

     "Take" means to trap or capture or attempt to trap or capture a raptor from the wild.

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     (2) The temporary possession and short-term handling of a raptor, such as letting any other person hold or practice flying a raptor, is not possession for the purposes of this section if the handler is under the permitted falconer's supervision, employed, or under contract by the permitted falconer. A falconry observer, including a person accompanying a falconer when hunting or otherwise flying a falconry raptor, is not required to possess a falconry permit or a hunting license.

     (3) For determining possession and take of raptors for falconry, a regulatory year is the calendar year starting January 1st and ending the following December 31st.

     (4) Falconry permits shall be valid from the date issued until the date of expiration on the permit. The permit will be valid for a maximum period of two years to expire on December 31st.

     (5) A resident of Washington must have a valid Washington falconry permit to take, possess raptors for falconry, or to practice falconry. To release a falconry raptor to pursue or hunt, depending on the type of game hunted, a resident falconer may need resident state and/or tribal hunting licenses, permits, stamps, and/or a Federal Migratory Bird Hunting and Conservation Stamp (a "Duck Stamp").

     (6) A falconer must have permit(s) or legible copies of his/her permit in immediate possession if he/she is trapping, transporting, displaying, or engaging in falconry.

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     (2) The form may be submitted directly to the U.S. Fish and Wildlife Service to a national computer electronic reporting system on-line via the web site http://permits.fws.gov/186A. The department accesses information from that data base to satisfy the state reporting requirement. For those who do not wish to submit electronic reports, the department will accept paper forms and will enter the falconry transaction into the U.S. Fish and Wildlife Service data base. The department may charge an administrative processing fee per paper form.

     (3) A falconer is required to keep copies of all electronic data base submissions or paper forms documenting take, transfer, loss, banding, or microchipping of each falconry raptor until five years after a falconry raptor transaction.

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     (2) An applicant must correctly answer at least eighty percent of the questions on an examination administered by the department, or provide proof of having previously held a valid apprentice falconry permit. The examination will cover care and handling of falconry raptors, state and federal regulations relevant to falconry, and other appropriate subject matter.

     (3) An applicant must submit a letter to the department from a general falconer or a master falconer, who is at least eighteen years of age with at least two years experience at the general falconer level, stating that he/she has agreed to be a sponsor to assist the applicant in learning about the husbandry and training of raptors held for falconry, relevant wildlife laws and regulations, and in deciding what permitted raptor species is appropriate to possess while an apprentice falconer.

     (4) The applicant must submit an original, signed certification incorporated into the department application form, worded as follows: I certify that I have read and am familiar with Washington and U.S. Fish and Wildlife Service falconry regulations, and the federal Migratory Bird Treaty Act, and that the information I have submitted is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to cancellation of the application and/or criminal penalties.

     (5) An apprentice falconer may not intentionally capture a raptor species that this permit classification does not allow the falconer to possess for falconry. Any raptor captured, that an apprentice falconer is not permitted to take must be released immediately.

     (6) Regardless of the number of state, tribal, or territorial falconry permits an apprentice falconer may have, he/she may possess no more than one raptor for use in falconry.

     (7) An apprentice falconer may take a red-tailed hawk (Buteo jamaicensis) or a kestrel (Falco sparverius) from the wild in Washington.

     (8) An apprentice may possess any species of Falconiform or Strigiform, except a golden eagle (Aquila chrysaetos), a bald eagle (Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus albicilla), or a Steller's sea-eagle (Haliaeetus pelagicus), or a federally listed threatened or endangered species for falconry. An apprentice falconer may possess captive-bred individuals or hybrids of the species he/she is allowed to possess for falconry.

     (9) A wild raptor may be transferred to an apprentice.

     (10) An apprentice falconer may not possess a nestling raptor taken from the wild and may not possess a raptor that is imprinted on humans.

     (11) An apprentice falconer may take a free flying permitted raptor species less than one year of age from the wild during any period.

     (12) Raptor facilities must pass inspection by the department or its designee before an apprentice falconer applicant is granted a permit.

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     (2) An applicant must submit a document from a general falconer or master falconer (preferably the apprentice's sponsor) to the department stating that the applicant has practiced falconry at the apprentice falconer level or equivalent for at least two years, including maintaining, training, flying, or hunting the raptor(s) for at least four months in each year. That practice may include capture and release of falconry raptor(s). The applicant may provide proof of a previously held valid general falconry permit. A falconry school program or education is not acceptable to shorten the period of two years at the apprentice falconer level.

     (3) A general falconer may not capture a raptor species that this permit classification does not allow the falconer to possess for falconry. A general falconer must release immediately any raptor he/she may not possess.

     (4) A general falconer may take raptors less than one year of age from the wild during any time of the year. However, an American kestrel or great horned owl of any age may be taken from the wild during any time of the year.

     (5) Regardless of the number of state, tribal, or territorial falconry permits a general falconer may have, he/she may possess no more than three raptors for use in falconry.

     (6) A general falconer may take the following species of raptors from the wild in Washington: Red-tailed hawk (Buteo jamaicensis), kestrel (Falco sparverius), merlin (Falco columbarius), prairie falcon (Falco mexicanus), gyrfalcon (Falco rusticolus), sharp-shinned hawk (Accipiter striatus), Cooper's hawk (Accipiter cooperii), goshawk (Accipiter gentilis), great horned owl (Bubo virginianus), barred owl (Strix varia).

     (7) A general falconer may possess any species of Falconiform or Strigiform except a golden eagle (Aquila chrysaetos), a bald eagle (Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus albicilla), or a Steller's sea-eagle (Haliaeetus pelagicus). A general falconer may use captive-bred individuals or hybrids of the species he/she is allowed to possess.

     (8) Species of raptors that are not listed in the U.S. Fish and Wildlife Service regulations at 50 C.F.R. § 10.13 are not covered under these regulations; however, general falconers may practice falconry or hunt with exotic raptors unless otherwise prohibited. Possession, import, and export of exotics may be subject to other state and federal regulations.

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     (2) A master falconer may not intentionally capture a raptor species that this permit classification does not allow the falconer to possess for falconry. Any raptor captured, that a master falconer is not permitted to take, must be released immediately.

     (3) A master falconer, may take raptors less than one year of age from the wild during any period. However, an American kestrel or great horned owl of any age may be taken from the wild during any time of the year.

     (4) Regardless of the number of state, tribal, or territorial falconry permits a master falconer may have, he/she may possess no more than five wild taken raptors for use in falconry, including golden eagles (Aquila chrysaetos). A master falconer may possess any number of captive-bred raptors; however, the master falconer must train them in the pursuit of wild game and use them in hunting.

     (5) A master falconer may take the following species of raptors from the wild in Washington: Red-tailed hawk (Buteo jamaicensis), kestrel (Falco sparverius), merlin (Falco columbarius), prairie falcon (Falco mexicanus), peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), sharp-shinned hawk (Accipiter striatus), Cooper's hawk (Accipiter cooperii), goshawk (Accipiter gentilis), great horned owl (Bubo virginianus), and barred owl (Strix varia).

     (6) A nestling, or fledgling peregrine falcon may be taken by a master falconer who possesses, at the time of capture, a permit from the department authorizing the capture. The number and age class of peregrine falcons to be captured in Washington will be determined by the director in accordance with federal regulations or implementation guidance may vary annually in response to population and productivity data, and as a participant in actions of the Pacific Flyway Council. The director will establish permit issuance procedures, requirements for monitoring capture, and open areas for the capture of peregrine falcons.

     (7) A master falconer may possess any species of Falconiform or Strigiform except a bald eagle (Haliaeetus leucocephalus). A master falconer may possess any captive-bred individual, or hybrids of any species.

     (8) A master falconer who meets the requirements in this section may possess up to three wild taken eagles of the following species for use in falconry: Golden eagle (Aquila chrysaetos), white-tailed eagle (Haliaeetus albicilla), or Steller's sea-eagle (Haliaeetus pelagicus).

     (9) The department must have the following documented before approving a request from a master falconer to possess an eagle to use in falconry:

     (a) Experience in handling large raptors, such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), great horned owls (Bubo virginianus), red-tailed hawks (Buteo jamaicensis), or others. Include information about which species have been handled, the type, and duration of the activity in which experience was gained.

     (b) At least two letters of reference from people with experience handling and/or flying large raptors. Each must contain a concise history of the author's experience with large raptors, which can include, but is not limited to, falconry, propagation, abatement, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter must also assess the master falconer's capability to care for eagles and fly them in falconry.

     (10) A wild taken golden eagle (Aquila chrysaetos), white-tailed eagle (Haliaeetus albicilla), or Steller's sea-eagle (Haliaeetus pelagicus) in possession will count as one of the five wild taken raptors a master falconer is allowed to possess for use in falconry.

     (11) Species of raptors that are not listed in the U.S. Fish and Wildlife Service regulations at 50 C.F.R. § 10.13 are not covered under these regulations. Master falconers may practice falconry or hunt with exotic raptors unless otherwise prohibited. Possession, import, and export of exotics may be subject to other state and federal regulations.

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     (2) If a permit has expired for five years or more, the permittee must correctly answer at least eighty percent of the questions on the Washington falconry examination. If the falconer passes the test, his/her permit may be reinstated at the previously held level. The reinstated falconer's facilities must pass inspection by the department or its delegate prior to possession of a falconry raptor.

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     (2) In addition to passing the examination, the department will base its decision for permit issuance on documentation of the falconer's experience and any other pertinent material and supportive documents provided by the falconer or a third party. The falconer's facilities must meet the standards in these regulations and be inspected prior to receiving a Washington falconry permit.

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     A falconer from another country may need federal permits to bring a raptor into the United States to be legally possessed in Washington.

     (2) A falconer may import a raptor into Washington if a health certificate for the raptor is in the possession of the importer. When flown free, any raptor brought into Washington temporarily from another country must have two attached radio transmitters.

     (3) In order to release a falconry raptor to pursue game, or hunt, depending on the type of game hunted, a nonresident falconry permit holder may be required to purchase appropriate nonresident state and/or tribal hunting licenses, permits, tags, Washington Bird Stamp, migratory bird validation, and/or a federal Migratory Bird Hunting and Conservation Stamp.

     (4) Nonresident falconers may be authorized by permit from the director to capture one legal raptor per year in Washington with the requirement to purchase a nonresident raptor capture permit. A premium Class 1 nonresident raptor capture permit may authorize a nonresident falconer to capture a peregrine falcon (Falco peregrinus), a gyrfalcon (Falco rusticolus), or a goshawk (Accipiter gentilis). A basic Class 2 nonresident raptor capture permit may authorize a nonresident falconer to capture any other raptor species authorized for capture in Washington.

     (5) The taking of a legal raptor by a nonresident must comply with Washington regulations for the appropriate class of falconer. The nonresident raptor capture permit shall be valid for one year.

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     (2) Prior to being issued a Washington falconry permit, the falconer may continue to hold all raptors which he/she legally held prior to his/her move. The department will issue an appropriate class of permit based on the out-of-state permit and experience the applicant has possessed.

     (3) Until the falconer has established official residency and a Washington permit has been issued, or until the permit expiration date occurs, the department will continue to recognize a valid permit issued from another state.

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     (2) A falconer may take no more than two raptors from the wild each year to use in falconry.

     (3) The number of wild-caught or captive-bred raptors transferred is not restricted, but a falconer may not exceed the possession limit of his/her class of falconry.

     (4) A falconer may recapture a falconry raptor that he/she lost at any time. The recapture will not be considered a new take of a wild raptor.

     (5) If a falconer transfers a raptor taken from the wild to another permittee in the same year in which it is captured, the raptor will count as one of the raptors the falconer is allowed to take from the wild that year. It will not count as a capture by the recipient, though it will always be considered a wild raptor.

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     (2) The recaptured falconry raptor must be returned to the person who lost it if that person is authorized to possess it. If that person cannot possess the raptor or does not wish to possess it, it may be kept by the falconer who captured it without it counting as a wild take, but he/she must be authorized to possess it.

     (3) Disposition of a raptor whose legal possession cannot be determined will be at the discretion of the department. While the falconer who captured the raptor holds it for return to the person who lost it, the raptor will not count against his/her possession limit.

     (4) With the exception of a banded peregrine falcon, a falconer may take any raptor authorized for his/her possession from the wild if the raptor is banded with a Federal Bird Banding Laboratory aluminum band.

     (5) If a falconer captures a peregrine falcon with a research band, such as a colored band with alphanumeric codes, or a research marker attached to it, it must be immediately released. If the falcon has a transmitter attached to it, the capturing falconer is authorized to possess the raptor up to thirty days to allow time to contact the researcher to determine if he/she wants to replace the transmitter or its batteries. If the researcher wants to do so, or to have the transmitter removed, the researcher or his or her designee may make the change or allow the capturing falconer to do so before the raptor is released. If the researcher does not want to keep the transmitter on the falcon, the raptor may be kept if it was captured in circumstances in which capture of wild peregrines is allowed.

     (6) If a falconer captures any other species of raptor that has any band, research marker, or transmitter attached to it, the band numbers and all other relevant information must be promptly reported to the Federal Bird Banding Laboratory at 1-800-327-2263. If the raptor has a transmitter attached to it, the capturing falconer is authorized to possess the bird up to thirty days to allow time to contact the researcher to determine if he/she wants to replace the transmitter or its batteries. If the researcher wants to do so, or to have the transmitter removed, the researcher or his or her designee may make the change or allow the capturing falconer to do so before the raptor is released. If the researcher does not want to keep the transmitter on the raptor, the raptor may be kept if it was captured in circumstances in which capture of that species of wild raptor is allowed.

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     (2) A person other than a permitted falconer may climb to a raptor nest and remove a nestling for the falconer, but only with the falconer present at the nest site.

     (3) The falconer taking a raptor must be present at the capture site. The falconer is considered the person who removes the raptor from the wild even if a proxy climber, or other person, captures the raptor for the falconer. The falconer is responsible for reporting take of the raptor from the wild.

     (4) If a falconer is not at the immediate location where a raptor is taken from the wild for him/her, the person who removes the raptor from the wild must be a general or master falconer, and must report take of the raptor. If that person then transfers the raptor to another falconer, the originating falconer must report the transaction no later than ten days after the take of the raptor. The raptor will count as one of the two wild raptors that the falconer is allowed to capture in any year. The raptor will not count as a raptor taken from the wild by the recipient. The falconer who takes the raptor from the wild must report the take even if he/she promptly transfers it to another falconer.

     (5) If a falconer has a long-term or permanent physical impairment or disability that prevents him/her from attending the capture of a raptor, a general or master falconer may capture a raptor for that falconer. The disabled falconer is responsible for reporting take of the raptor from the wild, and the raptor will count against the take of wild raptors he/she is allowed to take in any year. It will not count against the annual wild take for the falconer who captured the raptor for the disabled falconer.

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     (2) The raptor may be possessed by the falconer and reported within ten days after capture of the raptor. The raptor will count against his/her possession limit.

     (3) The raptor may be given directly to a veterinarian, a permitted wildlife rehabilitator, or an appropriate department representative or delegate. It will not count against the allowed take or the number of raptors the falconer may possess.

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     (2) If a raptor possessed by a falconer is stolen, the falconer must report the theft to the department and to the U.S. Fish and Wildlife Service Regional Law Enforcement office within ten days of the theft of the raptor.

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     (2) If the species a falconer wants to release is native to Washington and is captive-bred, it may not be released to the wild intentionally without permission from the department. The raptor may be hacked to the wild at an appropriate time of year and an appropriate location. If banded, the falconry band must be removed, and the falconer shall report the release.

     (3) If the species a falconer wants to release is native to Washington and was taken from the wild, it may be released at an appropriate time of year and an appropriate location. If the raptor is banded with a cable-tie falconry band, the falconer must remove the band before releasing the raptor. The falconer shall report the release.

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     (2) Wild taken raptors may not be purchased, sold, traded, or bartered. Exchanging raptors with other falconers is not considered to be barter or trade.

     (3) It is unlawful to transfer a wild caught raptor to out-of-state recipients for one year from the date of capture.

     (4) A raptor may be transferred to another permit type if the recipient of the raptor, which could be the same transferring falconer, possesses the necessary permits for the other activity.

     (5) A wild-caught falconry raptor may be transferred to another permit type in less than two years with the exception of one year for a sharp-shinned hawk (Accipiter striatus), a Cooper's hawk (Accipiter cooperii), a merlin (Falco columbarius), or an American kestrel (Falco sparverius), if the raptor has been injured, and a veterinarian or permitted wildlife rehabilitator has determined that the raptor can no longer be flown for falconry. Report this transaction within ten days and provide a copy of the certification from the veterinarian or rehabilitator that the raptor is not useable in falconry to the department.

     (6) A surviving spouse, executor, administrator, or other legal representative of a deceased falconry or raptor propagation permittee may transfer any raptor held by the permittee to another authorized permittee within ninety days of the death of the falconry permittee. After ninety days, disposition of a raptor held under the permit is at the discretion of the department.

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     (2) If the accidentally killed quarry is a species identified on the Washington candidate species list (for endangered, threatened, or sensitive status) or is a federally or state endangered or threatened species, or specifically identified by the director, the falconer shall, before leaving the site of the kill, record upon a form provided by the department, or upon a facsimile, the falconer's name, falconry permit number, date, species and sex (if known) of the quarry, and exact location of the kill. The falconer shall submit the information to the department by April 1st following the close of the current hunting season or within ten days of the kill if not during a hunting season. A falconer must also report take of any federally threatened or endangered listed species to the U.S. Fish and Wildlife Service.

     (3) Accidental kill by any falconer in any license year shall not exceed a total of five individuals of any combination of species designated under subsection (2) of this section. Following an accidental kill by any falconer of any species designated under subsection (2) of this section, the falconer shall cease hunting for the day.

     (4) Falconers must ensure that their activities do not cause the take of federally or state listed threatened or endangered wildlife, for example, by avoiding flying a raptor in the vicinity of the listed species. Notwithstanding any other section of this rule, take of species designated as endangered, threatened, or sensitive in Washington under WAC 232-12-011 or 232-12-014 is not permitted except by permit from the director.

     (5) Violation of this section is an infraction, punishable under RCW 77.15.160.

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     (2) Trapping raptors for falconry is not allowed in the Debay and Johnson Slough Unit, the Fir Island Farms Reserve Unit, or the Headquarters (Skagit) Unit in the western half of the Skagit Wildlife Area.

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     (2) A raptor bred in captivity must be banded with a seamless metal band or have an implanted ISO-compliant (134.2 kHz) microchip. If a seamless band is removed, or if it is lost, report it and request a replacement U.S. Fish and Wildlife Service nonreusable band from the U.S. Fish and Wildlife Service. The falconer must report the action and the band number and the microchip information within ten days.

     (3) A seamless band does not need to be applied until a nestling has developed sufficiently for the band to remain in place.

     (4) If the band must be removed or is lost from a raptor in possession, report the loss of the band within five days, and request a replacement U.S. Fish and Wildlife Service nonreusable band from the department. Report the rebanding immediately.

     (5) It is unlawful to alter, deface, or counterfeit a band. A falconer may smooth any imperfect surface on the rear tab of a band on a raptor taken from the wild if that action does not affect the integrity of the band or the numbering on it.

     (6) If health or injury problems are documented for a raptor in possession that is caused by the band, the department will provide an exemption to the requirement for that raptor. In that case, the falconer shall keep and possess a copy of the exemption paperwork with him/her when transporting or flying the raptor. If the raptor is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the band must be replaced with an ISO-compliant microchip purchased by the falconer.

     (7) A raptor removed from the wild shall not be banded with a seamless numbered band.

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     (2) If a falconer's facilities are not on property owned by the falconer, he/she must submit to the department a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected without advance notice, at any reasonable time of the day in the presence of the property owner.

     (3) Inspecting authorities may not enter the facilities or disturb the raptors unless the falconer is present.

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     (2) Raptor facilities shall be approved by the department before a new falconry permittee obtains a raptor.

     (3) The U.S. Fish and Wildlife Service establishes standards and specifications for raptor propagation facilities.

     (4) All raptors held under a falconry or abatement permit shall be maintained in humane and healthful conditions.

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     (2) An indoor facility must be large enough to allow for the care and feeding of raptors kept there. Acceptable indoor facilities include perch enclosures where raptors are tethered side by side. If raptors in an indoor facility are not tethered, all walls that are not solid must be protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of the body of the smallest raptor housed in the enclosure. However, heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure.

     (3) Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and maintain healthy feathers. A falconry raptor or raptors may be kept inside a residence if a suitable perch or perches are provided. If inside a home, windows or other aspects of the structure do not need modification. Raptors kept in a home must be tethered when they are not being moved into or out of the location in which they are kept, exercised, worked with, or trained.

     (4) An outdoor facility may be made of wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material. The facility must have at least a covered perch to protect a raptor held in it.

     (5) New and different types of housing facilities and/or husbandry practices may be used if they satisfy the basic requirements above.

     (6) Falconry raptors may be kept outside in the open if they are under watch, at any location, or by a designated individual, for example in a weathering yard.

     (7) The department must be informed within five business days if a permittee moves his/her falconry facilities to another location.

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     (2) A raptor may be temporarily housed outside of a falconer's permanent facilities when a falconer is not transporting it or using it for hunting for no more than one hundred twenty consecutive calendar days if the raptor has suitable facilities as described in WAC 232-30-440.

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     (2) Another person who does not have a falconry permit may care for falconry raptor(s) possessed at the permittee's facilities for up to forty-five consecutive calendar days. The raptor(s) will remain on the permittee's falconry permit. The raptor(s) must remain in the authorized facilities. The person(s) caring for the raptor(s) may not fly them for any reason.

     (3) The care of the falconer's raptor(s) may be extended by written request to the department in extenuating circumstances, such as illness, military service, or for a family emergency.

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     (2) The department may promulgate state regulations for the management of captive raptor propagation in addition to federal regulations for raptor propagation.

     (3) Raptors possessed under a falconry permit may be used for captive propagation if the propagator has the required U.S. Fish and Wildlife Service propagation permit. It is not necessary to transfer a raptor from a state falconry permit to a U.S. Fish and Wildlife Service propagation permit if the raptor is used for fewer than eight months in a year for captive propagation. The raptor must be transferred by reporting that action if the raptor is permanently transferred for use in propagation. The raptor must then be banded as required by state and federal regulations. The offspring of captive raptors are considered as captive-bred.

     (4) Raptors held under falconry and propagation permits shall be maintained in humane and healthful conditions.

     (5) Wild-caught raptors taken in Washington may be used for propagation purposes, progeny shall not be sold or traded.

     (6) A wild-caught falconry raptor may be transferred to a raptor propagation permit after the raptor has been used in falconry for at least two years, with the exception that transfer of a sharp-shinned hawk (Accipiter striatus), a Cooper's hawk (Accipiter cooperii), a merlin (Falco columbarius), or an American kestrel (Falco sparverius) is allowed after one year. This transfer shall be reported within ten days.

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     (2) Any raptor a falconer intends to hack with intent to continue to possess for recreational falconry counts against his/her permitted possession limit.

     (3) Any hybrid a falconer hacks must have two attached functioning radio transmitters during hacking.

     (4) A falconer may not hack a falconry raptor near a nesting area of a state or federally threatened or endangered animal species or in any other location where the raptor is likely to harm a state or federally listed threatened or endangered animal species that might be disturbed or taken by a falconry raptor being hacked.

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     (2) An abatement operator, or subpermittees thereof, and raptor handlers using captive bred origin raptors may receive payment for providing abatement services if they are listed in a U.S. Fish and Wildlife Service Abatement Permit. Abatement activities shall comply with any federal depredation order/permit and take permits. The abatement operator may be required to possess a Washington permit issued by the director for the take of wildlife (RCW 77.12.240 and 77.36.030). It is the responsibility of the abatement operator to possess all other relevant state and local permits.

     (3) A master falconer may independently conduct abatement activities. A general or apprentice falconer, may conduct abatement activities only as a subpermittee of the holder of the federal abatement permit. A raptor handler who is not engaged in active flying of the raptor is not required to possess a falconry permit.

     (4) Wildlife taken under abatement and depredation permits may be stored and/or used as food for raptors.

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     (2) An apprentice falconer may present education programs if under the supervision of a general or master falconer.

     (3) A raptor used by a falconer for education must be one primarily used for falconry. A fee for presentation of an education program may be charged, but the fee may not exceed the amount required to recoup the falconer's costs.

     (4) In presenting conservation education programs, a falconer must provide information about the biology, ecological roles, and needs of raptors or other migratory birds, although not all of these topics must be addressed in every presentation.

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     (2) A falconer may not use falconry raptors to make movies, commercials, or in other commercial ventures that are not related to falconry.

     (3) Falconry raptors may not be used for commercial entertainment; for advertisements; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, with the following exceptions:

     (a) A falconry raptor may be used to promote or endorse a nonprofit falconry organization or association.

     (b) A falconry raptor may be used to promote or endorse products or endeavors related to falconry including, but not limited to, items such as hoods, telemetry equipment, giant hoods, perches, materials for raptor facilities, falconry training and education materials, and scientific research and publication.

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     (2) A raptor held for rehabilitation does not need to be added to a falconry permit. It will remain under the rehabilitator's permit.

     (3) Any raptor that cannot be permanently released to the wild must be returned to the rehabilitator or the department within the one hundred eighty-day time frame in which the rehabilitator is authorized to possess the raptor, unless the department authorizes the raptor's detention for longer than one hundred eighty days, or unless the rehabilitator or department transfers the raptor to the falconer to possess or hold under his/her falconry permit.

     (4) Before releasing a threatened or endangered migratory raptor, it must comply with any requirements for the release from the department and the U.S. Fish and Wildlife Service.

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     (2) A falconer may donate feathers from a falconry raptor, except golden eagle feathers, to any person or institution with a valid permit to possess them, or to anyone exempt from a permit requirement for feather possession.

     (3) Except for primary or secondary flight feathers or retrices from a golden eagle (Aquila chrysaetos), the falconer is not required to gather feathers that are molted or otherwise lost by a falconry raptor. A falconer may leave the feathers where they fall, store them, or destroy them.

     (4) A falconer must collect molted flight feathers and retrices from a golden eagle. If the falconer chooses not to keep them for imping, golden eagle (Aquila chrysaetos) feathers must be sent to the National Eagle Repository.

     (5) Send all other feathers (including body feathers) collected from any falconry golden eagle (Aquila chrysaetos), that are not needed for imping, to the National Eagle Repository.

     (6) Any feathers of falconry raptors in the possession of a falconer, except golden eagle (Aquila chrysaetos) feathers, whose permit is expired, suspended, or revoked must be donated to any person or any institution exempt from the permit requirement or authorized by permit to acquire and possess the feathers. If the feathers are not donated, they must be burned, buried, or otherwise destroyed.

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     (2) The body or feathers of any other species of raptor may be donated to any person or institution exempt or authorized by permit to acquire and possess such parts or feathers.

     (3) The body of any raptor, except that of a golden eagle (Aquila chrysaetos), may be kept so that the feathers are available for imping, or that the body may be mounted by a taxidermist. The mount may be displayed in giving education programs. If the raptor was banded, the band must be left on the leg. If the raptor has an implanted microchip, the microchip must be left in place.

     (4) If the raptor body or feathers are not donated or kept with the falconer, it must be burned, buried, or otherwise destroyed within ten days of the death of the raptor or after final necropsy by a veterinarian. Carcasses of euthanized raptors could pose a risk of secondary poisoning to scavenging wildlife. A falconer must take appropriate precautions to avoid such poisonings.

     (5) If the raptor body and its parts are retained by the falconer, the body and its parts may be possessed for as long as the falconer has a valid falconry permit. Raptor bodies including all parts, and other state and federally protected birds, shall not be bought, sold, bartered, or otherwise used for commercial purposes.

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