WSR 11-01-135

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 21, 2010, 10:37 a.m. ]

Supplemental Notice to WSR 10-21-119 filed on October 20, 2010.

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 February 4-5, 2011, at 8:30 a.m.

Date of Intended Adoption: On or after March 4, 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 January 27, 2011.

Assistance for Persons with Disabilities: Contact Susan Galloway by January 27, 2011, at (360) 902-2267 or TTY 1-800-833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed version of WAC 232-12-071 is similar to the version filed with the original CR-102 on October 20, 2010, as WSR 10-21-119, with a few exceptions. The language in this supplemental filing is clearer and easier to understand. Also, we added a knowledge element to subsection (2)(b), selling, purchasing, or bartering wild animals, game birds, or game fish taken in violation of any law or regulation in any jurisdiction; and to subsection (4), buying, selling, or otherwise exchanging the raw fur or carcass of a wild animal trapped in Washington with a body-gripping trap. This means a person has to know or be aware that he/she is dealing with an unlawfully taken wild animal, game bird, or game fish, or an illegally trapped wild animal, to be in violation of subsections (2)(b) or (4) of this rule. Lastly, we clarified that all of the animal parts referenced in subsection (2)(c) are considered "nonedible" even if they are used for human consumption. This will aid in enforcing the rule.

Reasons Supporting Proposal: The changes will reduce poaching by prohibiting the sale, purchase, and trade of unlawfully taken wildlife. The changes 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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The department is presenting this at the February 2011 commission meeting pursuant to the commission's request.

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

A copy of the statement may be obtained by contacting please see the CR-102 filed as WSR 10-21-119 on October 20, 2010.

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

December 21, 2010

Lori Preuss

Rules Coordinator

OTS-2886.7


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) It is unlawful to 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 a written permit issued by the director)) if:

(a) The possession, sale, selling, purchase, or barter is prohibited by federal regulations;

(b) The wild animals, game birds, or game fish were taken in violation of any law or regulation in any jurisdiction, and the seller, purchaser, or person bartering knew the animal, bird, or fish was illegally taken; or

(c) The nonedible parts are of bighorn sheep or mountain goat((.

(b))); bear gall bladders; claws or teeth of bear that are not permanently attached to a full bear skin or mounted bear; or 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 a permit has not been granted by the department allowing for the sale, purchase, or barter of any of the animal parts listed in this subsection (2)(c).

(3) For purposes of subsection (2)(c) of this section, all of those parts are considered "nonedible" even if they are used for human consumption.

(4) Under RCW 77.15.194, it is unlawful to knowingly 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.

(5) 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 U.S. licensed game farm, or a 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.))

(6) A violation of subsection (4) of this section is punishable under RCW 77.15.194. The remaining subsections in this section are punishable under RCW 77.15.260.

(7) If you request a written permit to offer for sale, sell, purchase, or barter the nonedible parts of wild animals listed in subsection (2)(c) 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 date 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