WSR 06-17-102

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-209 -- Filed August 16, 2006, 10:53 a.m. , effective September 16, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amend wildlife rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-071.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 06-10-087 on May 3, 2006.

Changes Other than Editing from Proposed to Adopted Version: Changes from the text of the proposed rule and reasons for difference:

"or country" was added to subsection (3) 1st sentence to allow non-US producers of farmed game to import meat for retail sale. That subsection (3) sentence now reads: It is lawful to purchase and sell the meat of game-farmed raised deer and elk, provided the meat is imported from a licensed game farm in another state or country, the meat is boned and only meat is imported for sale, and the meat is packaged for retail sale prior to import into this state.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 9, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8861.2


AMENDATORY SECTION(Amending Order 01-69, filed 4/26/01, effective 5/27/01)

WAC 232-12-071   Buying or selling game unlawful -- Game-farmed meat exception.   (1) Unless prohibited by federal regulations, nonedible parts of wild animals, game birds or game fish lawfully taken may be offered for sale, sold, purchased or traded, except((,(1))) it is unlawful to offer for sale, sell, purchase or trade the following unless authorized by a written permit issued by the director:

(a) Nonedible parts of ((cougar,)) bighorn sheep((,)) or mountain goat.

(b) Velvet antlers of deer or elk.

(c) Gall bladder, claws, or teeth of bear, except those claws or teeth permanently attached to a full bear skin or mounted bear.

(2) It is unlawful to knowingly buy, sell, or otherwise exchange, or offer to buy, sell, or otherwise exchange the raw fur or carcass of a wild animal trapped in Washington with a body-gripping trap, whether or not pursuant to permit.

(3) It is lawful to purchase and sell the meat of game-farm raised deer and elk, provided the meat is imported from a licensed game farm in another state or country, the meat is boned and only meat is imported for sale, and the meat is packaged for retail sale prior to import into this state. It is unlawful to fail to maintain proof of the source of the game-farmed meat together with the meat until the meat is consumed or exported.

[Statutory Authority: RCW 77.12.040, 77.12.020, 77.32.070, 77.32.530. 01-10-048 (Order 01-69), 232-12-071, filed 4/26/01, effective 5/27/01. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177), 232-12-071, filed 1/28/82; 81-12-029 (Order 165), 232-12-071, filed 6/1/81. Formerly WAC 232-12-171.]

Washington State Code Reviser's Office