AN ACT Relating to the sale of live, wild birds; adding a new chapter to Title 77 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Bird breeder" means a person licensed under this chapter to sell live, wild birds and their eggs and to apply butt-end leg bands.

(2) "Butt-end leg band" means an open-ring leg band applied to the leg of a live, wild bird of any age, using pliers or a similar tool.

(3) "Seamless leg band" means a solid-ring leg band applied to the leg of a newly hatched live, wild bird, incapable of being removed when the bird has reached adult size without destroying the band.

(4) "Captive-raised" means live, wild birds hatched from eggs produced by captive parents and raised in captivity.

(5) "Department" means the department of wildlife.

(6) "Live, wild bird" means all birds except game birds and domesticated birds such as chickens, turkeys, guinea fowl, geese, ducks, pigeons, and peafowl.

(7) "Person" means an individual, a copartnership, an association, a firm, or a corporation.

(8) "Sale" means any delivery or transfer of title to or possession of a live, wild bird for a consideration and includes offering or exposing for sale and soliciting for sale by catalogs, newspapers, magazines, or other advertising matter.

NEW SECTION. Sec. 2. Except as permitted by this chapter, no person may sell live, wild birds or their eggs within the state of Washington.

NEW SECTION. Sec. 3. (1) The following captive-raised species of birds may be sold without any regulation.

!tp1,1 SPECIES!SC ,1COMMON!SC ,1NAME!tlSPECIES!SC ,1SCIENTIFIC!SC ,1NAME

Diamond dove!tl@56Geopelia cuneata

Cockatiel (including

!sc ,2mutations)!tl@56Nymphicus hollandicus

Crimson rosella!tl@56Platycercus elegans

Eastern rosella!tl@56Platycercus eximius

Pale-headed (blue) rosella!tl@56Platycercus adacitus

Red-rumped parrot (including

!sc ,2all mutations)!tl@56Psephotus haematonofus

Bourke's parrot!tl@56Neophema bourkii

Budgerigar (including all

!sc ,2mutations)!tl@56Melopsittacus undulatus

Blue-masked lovebird!tl@56Agapornis personata Var.

Zebra finch!tl@56Poephila guttata

(Lady) Gouldian finch!tl@56Chloebia gouldiae

Society (Bengalese) finch!tl@56Lonchura striata

Java sparrow!tl@56Padda (Lonchura) oryzivora

Common canary (including

!sc ,2all varieties)!tl@56Serinus canaria

(2) The department may at any time consider petitions from persons regarding additions to or deletions from the list of species of birds whose sale is permitted under this chapter. Each petition shall contain information sufficient to enable the department to determine that the species is predominantly captive-raised and that their inclusion on the list will not cause additional birds to be captured in the wild.

NEW SECTION. Sec. 4. (1) Until January 1, 1990, live, wild birds or their eggs, that were possessed prior to July 1, 1989, may be sold if the seller furnishes proof, acceptable to the department, that the live, wild bird was possessed prior to July 1, 1989. The department shall accept as proof a written instrument stating that the wild bird or egg was in the seller's possession prior to July 1, 1989, and bearing a notice that a false statement is punishable under RCW 9A.76.020. Effective January 1, 1990, each live, wild bird possessed prior to July 1, 1989, may be sold only pursuant to a permit issued by the department. The fee for such permit is ten dollars.

(2) Live, wild birds bearing the identification required by section 10 of this act may be sold.

(3) Live, wild birds or their eggs may be sold to bird breeders licensed under section 7 of this act.

(4) State, federal, or local governmental agencies may sell live, wild birds.

(5) Scientific, zoological, or educational institutions with a permit issued by the department may sell live, wild birds.

(6) The department may authorize other sales that will accomplish the purposes of this chapter.

NEW SECTION. Sec. 5. A person who wishes to be a licensed bird breeder shall submit, on forms provided by the department:

(1) A statement generally describing the applicant's purpose for applying for the license;

(2) The number and species, by common and scientific name, of live, wild birds to be held for breeding purposes;

(3) The address of the facility where live, wild birds will be possessed and bred, with a description of the area and facilities to be used for breeding purposes;

(4) A summary of the experience and technical expertise the applicant has had in the raising and breeding of live, wild birds, and the species and numbers bred; and

(5) Any other information which the department may deem pertinent or necessary.

NEW SECTION. Sec. 6. In determining whether or not to issue a bird breeder's license, the department shall give consideration to the following factors:

(1) Whether the live, wild birds will be used for bona fide breeding purposes;

(2) Whether the facilities described in the application are sufficient and adequate for humanely and successfully breeding and raising captive live, wild birds of the species described;

(3) Whether the applicant, by virtue of his or her background, experience, and knowledge, can reasonably be expected to humanely and successfully breed and raise captive wild birds of the species described; and

(4) The applicant's prior record of compliance with the provisions of wildlife conservation laws, with rules adopted by the department, and with the conditions of licenses or permits issued by the department.

NEW SECTION. Sec. 7. Each bird breeder's license shall:

(1) Be valid for one year and expire on the date stamped on the front of the license;

(2) Require that the licensee keep and maintain complete records of purchases and sales, applications of butt-end leg bands, transfers, breeding loans, and births and deaths of live, wild birds held pursuant to the license;

(3) Require that all live, wild birds possessed pursuant to the license be confined in the facility and premises described on the license, or be on breeding loan to a licensed resident bird breeder or bona fide nonresident bird breeder; and

(4) Contain such other conditions as the department deems necessary and proper.

NEW SECTION. Sec. 8. The fee for a bird breeder's license is fifty dollars for the initial license and ten dollars annually thereafter.

NEW SECTION. Sec. 9. (1) Until July 1, 1995, a licensee may sell live, wild birds or their eggs of any species, whether or not captive-raised, except endangered species listed in this chapter, to other bird breeders licensed pursuant to this chapter, and to scientific, zoological, or educational institutions. Such live, wild birds need not be marked as required by section 10 of this act.

(2) On and after July 1, 1995, a licensee may sell live, wild birds that are captive-raised or acquired before July 1, 1995, to other bird breeders licensed pursuant to this chapter and to scientific, zoological, or educational institutions. The seller must provide proof, acceptable to the department, that the live, wild bird was in his or her possession prior to July 1, 1995. Such live, wild birds need not be marked as required in section 10 of this act.

(3) A licensee may apply butt-end leg bands to captive-raised birds produced by the licensee. Such bands must be obtained from suppliers designated or approved by the department and must be of the type and style required by the department.

NEW SECTION. Sec. 10. (1) All live, wild birds subject to this chapter shall be marked with (a) a seamless leg band to be attached only to newly hatched birds, or (b) a butt-end leg band, applied by a bird breeder licensed under section 7 of this act, when the bird is offered for sale or sold, except as otherwise permitted under sections 4 and 9 of this act.

(2) In the event that a band is removed, a replacement band shall be attached with the identifying number of a licensed bird breeder. Only bird breeders licensed under this chapter shall apply the replacement band. The licensed bird breeder shall notify the department within ten days of the replacement of the band.

NEW SECTION. Sec. 11. (1) A violation of this chapter is punishable by a fine of not more than two hundred fifty dollars, plus the retail value of any live, wild bird possessed in violation of this chapter, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. In addition, a person who violates this chapter shall pay restitution for any losses incurred by the state as a result of such violation. Each bird possessed in violation of this chapter constitutes a separate violation.

(2) A violation of this chapter may also result in revocation of any license or permit issued under this chapter.

(3) Any bird possessed in violation of this chapter shall be confiscated by the department.

NEW SECTION. Sec. 12. The practice of falconry and the possession of raptors as regulated under chapter 77.32 RCW shall be exempt from this chapter.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.