WSR 15-19-156
[Filed September 23, 2015, 9:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-14-122 on July 1, 2015.
Title of Rule and Other Identifying Information: WAC 232-12-284 Bighorn sheepMarking and ownership requirements.
Hearing Location(s): Natural Resource[s] Building, Room 630, 1111 Washington Street S.E., Olympia, WA 98501, on November 6, 2015, at 8:30 a.m.
Date of Intended Adoption: On or after November 6, 2015.
Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail, fax (360) 902-2162, by October 31, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by October 23, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provides a mechanism by which bighorn sheep horns legally acquired prior to the era of permanent marking can be inspected, marked, and entered into the long-term database. This provides certainty to both the owner of the horns and the department that the horns were acquired legally.
Reasons Supporting Proposal: Allay concern expressed by members of the public that bighorn sheep horns acquired prior to the initiation of the current marking system could not be legally retained.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.055, and 77.12.047.
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 and Implementation: Nate Pamplin, Natural Resource[s] Building, (360) 902-2515; and Enforcement: Steven Crown, Natural Resource[s] Building, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply to recreational hunting and do not affect small business.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
September 23, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-10-048, filed 4/29/15, effective 5/30/15)
WAC 232-12-284 Bighorn sheepMarking requirements.
(1) For the purpose of this section, horns are defined as the hollow sheath of bighorn sheep ram. The horns do not have to be paired and may include one horn.
(2) It is unlawful for a person who kills a bighorn sheep ram taken in Washington to fail, within ten days after acquisition, to personally present the horns for inspection and permanent marking at a department office or location designated by a department representative. A department employee shall permanently mark one of the horns of each lawfully acquired bighorn sheep. A violation of this subsection is punishable under RCW 77.15.280 (1)(c).
(3) It is unlawful for any person to possess the horns of a bighorn sheep ram originating in Washington except as described in subsections (2) and (4) of this section. Horns of bighorn sheep found dead in Washington must be left in the field. A violation of this subsection is punishable under RCW 77.15.410.
(4) It is unlawful to offer for sale, sell, purchase, or barter, bighorn sheep horns without a written permit authorized by the director. Permits will only be granted where such sale, purchase, or barter will specifically benefit bighorn sheep conservation or management. It is unlawful for any person who transfers ownership or possession of the horns of a bighorn sheep ram that have been permanently marked to fail to give written notice of the transfer to the department within ((ten)) thirty days after the transfer. In the case of horns originating from a bighorn sheep legally obtained prior to the initiation of permanent marking in the jurisdiction of its origin, the director is authorized to issue a permit for possession (but not for resale); such a permit must subsequently be retained with the horns. After such a permit is issued, the horns must be presented for permanent marking to a WDFW office within thirty days. A violation of this subsection is punishable under RCW 77.15.750, provided it does not involve trafficking of bighorn sheep or the parts thereof. ((A violation of this subsection involving the trafficking of bighorn sheep or the parts thereof is punishable under RCW 77.15.260.))