WSR 10-21-119

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 20, 2010, 11:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-01-024 on December 8, 2008.

Title of Rule and Other Identifying Information: WAC 232-12-071 Buying or selling game unlawful -- Game-farmed meat exception.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on December 3-4, 2010, at 8:30 a.m.

Date of Intended Adoption: On or after January 7, 2011.

Submit Written Comments to: Lori Preuss, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Lori.Preuss@dfw.wa.gov, fax (360) 902-2155, by November 24, 2010.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2010, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule does not make it illegal to buy and sell unlawfully taken wildlife. The proposed rule will prohibit the sale, purchase, and trade of fish, shellfish, and wildlife taken in violation of any law or regulation. The rule also adds velvet antlers of moose to the list of nonedible wildlife parts that cannot be sold, purchased, or traded without a permit from the director; and it more clearly details the conditions required for selling, purchasing, or trading game-farm raised deer and elk. Lastly, it provides information so that a person whose permit to sell, purchase, or trade nonedible wildlife parts was denied can request a hearing to contest the denial.

Reasons Supporting Proposal: The changes will reduce poaching by prohibiting the sale, purchase, and trade of unlawfully taken wildlife. They also will provide clearer guidance to people who want to buy, sell, or trade game-farm raised deer and elk, or who want to contest a denial of a permit to sell, purchase, or trade nonedible parts of wild animals, game birds, or game fish.

Statutory Authority for Adoption: RCW 77.04.012, 77.12.047, 77.12.590, and 77.12.600.

Statute Being Implemented: RCW 77.04.012, 77.12.047, 77.12.590, and 77.12.600.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Lori Preuss, 1111 Washington Street S.E., Olympia, (360) 902-2930; Implementation: Mike Cenci, 1111 Washington Street S.E., Olympia, (360) 902-2938; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., 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: The rule requires anyone who offers for sale, sells, purchases, or trades game-farm raised deer and elk to provide proof of the source of the game-farmed meat and to keep the proof until the meat is consumed or exported. This proof includes sales or purchase invoices or receipts containing the name of the seller or importer; the name of the company selling the meat; the date of the sale; the quantity of meat sold; and the species of meat sold.

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: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. The requirements under this proposal are the same as they are in the current rule. The only difference is that this proposal more clearly indicates the type of information required to provide proof of a game-farmed meat source.

5. Cost of Compliance for the Ten Percent 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 is no cost of compliance, as explained in number 4 above.

Now Compare the Largest Businesses' Cost of Compliance with the Cost of Compliance for Small Businesses. Will this rule have a disproportionate impact on small businesses? All businesses that buy, sell, or trade nonedible parts of wild animals or game birds, or edible meat from game fish or game-farm raised deer and elk, are considered small businesses.

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 associated with this rule.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The Washington department of fish and wildlife (WDFW) posted the CR-101 (preproposal statement of inquiry) on the agency's web site shortly after the CR-101 was filed in December 2008. Since that time, the agency received comments on the proposal from external stakeholders who run small businesses. As a result of those comments, the agency removed the requirement for a department permit prior to buying, selling, or trading trophy deer and elk antlers, except those naturally shed, and moose antlers, except those naturally shed.

In addition, WDFW will post this proposed rule making on the agency web page at http://wdfw.wa.gov/about/regulations/development.html and is accepting written comments through November 24, 2010.

Public testimony will be taken at the commission's December 3-4, 2010, meeting as part of the WDFW rule adoption process.

8. A List of Industries That Will Be Required to Comply with the Rule: Any companies that buy, sell, or trade nonedible parts of wild animals or game birds, or edible meat from game fish or game-farm raised deer and elk.

9. An Estimate of the Number of Jobs That Will Be Created or Lost as the Result of Compliance with the Proposed Rule: No jobs will be created or lost.

A copy of the statement may be obtained by contacting Lori Preus [Preuss], 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Lori.preuss@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

October 20, 2010

Lori Preuss

Rules Coordinator

OTS-2886.4


AMENDATORY SECTION(Amending Order 06-209, filed 8/16/06, effective 9/16/06)

WAC 232-12-071   Buying or selling game unlawful -- Game-farmed meat exception.   (1) ((Unless prohibited by federal regulations,)) It is unlawful to offer for sale, sell, purchase, or barter edible parts of wild animals or game birds. It is unlawful to offer for sale, sell, purchase, or barter edible parts of game fish, except pursuant to RCW 77.65.480.

(2) A person may offer for sale, sell, purchase, or barter the nonedible parts of wild animals, game birds, or game fish ((lawfully taken may be offered for sale, sold, purchased or traded, except it is unlawful to offer for sale, sell, purchase or trade the following unless authorized by)) that are legally taken, unless the sale, selling, purchase, or barter is prohibited by federal regulations or the nonedible parts are listed below. If the parts are listed below, a person may not offer for sale, sell, purchase, or barter the parts unless he or she has a written permit issued by the director:

(a) ((Nonedible)) Parts of bighorn sheep or mountain goat((.));

(b) Gall bladders, claws, or teeth of bear, except for claws or teeth permanently attached to a full bear skin or mounted bear;

(c) 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))), or moose; and

(d) Fish, shellfish, or wildlife taken in violation of any law or regulation in any jurisdiction.

(3) Under RCW 77.15.194, it is unlawful to buy, sell, or otherwise exchange, or to 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 the animal is trapped pursuant to a permit.

(4) It is ((lawful)) unlawful to offer for sale, sell, purchase ((and sell the meat of)), or barter game-farm raised deer and elk, ((provided)) unless the following conditions have been met:

(a) Proof of the source of the game-farmed meat is maintained with the meat until the meat is consumed or exported. Qualifying proof includes sales or purchase invoices or receipts containing the following information in the English language:

(i) Name of seller or importer;

(ii) Name of the company selling the meat;

(iii) The date of sale;

(iv) The quantity of meat sold; and

(v) The species of the meat sold.

(b) The meat is imported from a licensed game farm in another state or country((,)).

(c) The meat is boned, and only the meat is imported ((for sale, and)).

(d) The meat is packaged for retail sale prior to ((import)) importation 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.))

(5) A violation of subsection (3) of this section is punishable under RCW 77.15.194. The remaining subsections in this section are punishable under RCW 77.15.260.

(6) If you request a written permit to offer for sale, sell, purchase, or barter the nonedible parts of wild animals that are excluded under subsection (2)(a) through (d) of this section, and your request is denied, you have a right to a hearing under the provisions of chapter 34.05 RCW. In order to obtain a hearing, you must notify the department, in writing, within forty-five days of the letter denying your permit. The address to send hearing requests to is:


The Washington Department of Fish and Wildlife

Legal Affairs - Office of the Director

Post Office Box 43137

Olympia, Washington 98504-3137


If you do not request a hearing to contest denial of the permit, the permit denial will become effective forty-five days following the denial.

[Statutory Authority: RCW 77.12.047. 06-17-102 (Order 06-209), 232-12-071, filed 8/16/06, effective 9/16/06. 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