WSR 11-19-097

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 20, 2011, 2:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-16-102.

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

Hearing Location(s): Natural Resources Building, Conference Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on November 4-5, 2011, at 8:30 a.m.

Date of Intended Adoption: November 4-5, 2011.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by October 13, 2011.

Assistance for Persons with Disabilities: Contact Susan Galloway by October 31, 2011, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal updates the rules regarding restrictions on the importation of deer, elk, and moose from states known to harbor chronic wasting disease in wild game populations.

Reasons Supporting Proposal: Reduces the disease risk for native deer, elk, and moose populations in Washington.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

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

Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resources Building, Olympia, (360) 902-2693; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not directly regulate small business. A copy of the statement may be obtained by contacting Wildlife Program Administrative Division, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2515, fax (360) 902-2162, e-mail Wildthing@dfw.wa.gov.

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

September 20, 2011

Lori Preuss

Rules Coordinator

OTS-4249.1


AMENDATORY SECTION(Amending Order 10-214, filed 8/20/10, effective 9/20/10)

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, Maryland, Minnesota, 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 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.210, and C.F.R. Title 50, Part 21, Subpart C, Section 21.29; Migratory Bird Treaty Act. 10-18-012 (Order 10-214), 232-12-021, filed 8/20/10, effective 9/20/10. 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.]

Washington State Code Reviser's Office