EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 6, 2000.
Purpose: Amend hunting rules.
Citation of Existing Rules Affected by this Order: Amending WAC 232-12-001, 232-12-071, and 232-12-141.
Statutory Authority for Adoption: RCW 77.12.047.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Initiative 713 was passed by the voters and takes effect December 7, 2000. Rules concerning current trapping methods and sale of raw furs need to be amended to reflect the Initiative. These emergency rules will implement the Initiative until permanent rules can take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: December 7, 2000, 12:01 a.m.
December 6, 2000
J. P. Koenings
Director
(1) "Body-gripping trap" means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
(2) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
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(1) It is unlawful to trap animals using body gripping traps except as provided for in subsection (2).
(2) Conibear-type traps in water, non-strangling foot snares, and padded leghold traps may be used for the following purposes with a permit issued by the Director:
(a) To protect public health and safety, in consultation with the Department of Social and Health Services or the United States Department of Health.
(b) To abate a threat of or damages caused to private property, domestic animals, livestock or timber, that cannot be reasonably abated by nonlethal control tools, if such tools can be reasonably applied. Any person requesting a damage control permit must apply in writing, stating the threat or damages, the nonlethal control methods attempted or why they cannot be applied, and agree to use the above traps for no more than thirty days under the permit granted.
(c) To protect threatened or endangered species, if such traps are used by Department employees or agents.
(d) To conduct wildlife research, except that Conibear-type traps are prohibited for this purpose.
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