WSR 22-13-108
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-69—Filed June 15, 2022, 1:59 p.m., effective July 16, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule is to limit the exposure of deer, elk, moose, and caribou in Washington state to a fatal disease that can spread through ungulate carcasses. The approved amendments add caribou to the list of species with restricted importation rules and will broaden the restriction on importing or possessing deer, elk, moose, and caribou carcasses or parts that originate from outside Washington to prevent the introduction of chronic wasting disease, a fatal neurologic disease of cervids. This adopted change will restrict the importation and possession of caribou, deer, elk, or moose carcasses or parts from any out-of-state origin, except when specific criteria for processing of carcasses or parts are met.
Citation of Rules Affected by this Order: Amending WAC 220-413-030 Importation and retention of dead nonresident wildlife.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.
Other Authority: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.
Adopted under notice filed as WSR 22-04-104 on February 1, 2022.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 8, 2022.
Barbara Baker, Chair
Fish and Wildlife Commission
OTS-3576.2
AMENDATORY SECTION(Amending WSR 21-23-037, filed 11/8/21, effective 12/9/21)
WAC 220-413-030Importation and retention of dead nonresident wildlife.
(1) It is unlawful:
(a) 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.
(b) For a person who imports a dead bighorn sheep, mountain goat, cougar or bear to fail to report such importation to the department in writing within ((ten))10 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.
(c) To import or possess deer, elk, ((or)) moose, or caribou, or parts thereof, harvested ((in Alberta, Arkansas, Colorado, Illinois, Iowa, Kansas, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Saskatchewan, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming))outside Washington state, with the following exceptions:
(i) Meat that has been deboned in the state or province where it was harvested and is imported as boned-out meat;
(ii) Skulls and antlers, antlers attached to the skull plate, or upper canine teeth (buglers, whistlers, ivories) from which all soft tissue has been removed;
(iii) Hides or capes without heads attached;
(iv) Tissue imported for use by a diagnostic or research laboratory; and
(v) Finished taxidermy mounts.
(2) Violation of subsection (1) of this section is punishable under RCW 77.15.290 Unlawful transportation of fish or wildlifePenalty.
(3) It is unlawful for an importer or receiver of deer or elk to fail to notify the department within ((twenty-four))24 hours if a state or province alerts the importer or receiver that a harvested animal has tested positive for chronic wasting disease. Violation of this subsection is an infraction punishable under RCW 77.15.160 Infractions.