BILL REQ. #:  H-3875.2 

Prefiled 12/07/07. Read first time 01/14/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to wildlife rehabilitation; amending RCW 77.12.467, 77.12.469, and 90.56.110; adding a new section to chapter 77.12 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Wildlife rehabilitators provide the only hospital services in Washington for injured, orphaned, and sick wild animals;
     (2) Wildlife rehabilitators are in a unique position to notice and identify emerging diseases in wildlife populations, and to share that information with the department of fish and wildlife;
     (3) Healthy wildlife populations are important to the quality of life of the citizens of Washington. By saving the lives of thousands of injured, orphaned, and sick wild animals each year, wildlife rehabilitators directly improve the quality of life for Washington citizens;
     (4) Wildlife rehabilitators often work closely with local law enforcement, animal control officers, department of fish and wildlife enforcement officers, and wildlife biologists at the state and federal levels to aid in the safe capture, disease testing, medical treatment, rehabilitation, and release of wild animals;
     (5) Wildlife rehabilitators improve the quality of life of Washington citizens and assist in the protection of Washington's environment by providing live-animal education programs to many thousands of people annually; and
     (6) Wildlife rehabilitators improve the quality of life of Washington citizens by providing humane conflict resolution advice when a person encounters a conflict with a wild animal at the person's home or business.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     (1)(a) The director shall establish and maintain a wildlife rehabilitation advisory committee to be composed of department employees with expertise in wildlife rehabilitation and the department's role in the licensing and regulation of wildlife rehabilitation facilities and private individuals engaged in the rehabilitation of wildlife.
     (b) Unless deemed impractical by the director, at least five private wildlife rehabilitation professionals must be represented on the wildlife rehabilitation advisory committee, with no more than two employed by a single wildlife rehabilitation facility. Of the private wildlife rehabilitation professionals, if possible, no fewer than two must be members of a statewide organization representing the interests of wildlife rehabilitation facilities.
     (2) The purposes of the wildlife rehabilitation advisory committee is to:
     (a) Facilitate communication and partnership between the department and wildlife rehabilitation facilities;
     (b) Improve the exchange of information, research, data, and science between the department and wildlife rehabilitation facilities;
     (c) Aid the department in the testing and tracking of wildlife diseases;
     (d) Provide advice and information to the department in the implementation of its wildlife rehabilitation program established in RCW 77.12.467;
     (e) Provide advice and information to the department regarding wildlife rehabilitation licensing and license renewal policies;
     (f) Provide advice and information to the department regarding rules for the rehabilitation of wildlife affected by oil spills under RCW 90.56.110;
     (g) Aid the director in the identification of potential public investments in wildlife rehabilitation resources that would benefit the department in the execution of its duties under this title; and
     (h) Provide any other advice and information to the department on any matters deemed useful by the director.
     (3) The director or the director's designee shall convene the wildlife rehabilitation advisory committee as often as deemed necessary by the director or by a majority of the members of the wildlife rehabilitation advisory committee.
     (4) Each nondepartmental member of the wildlife rehabilitation advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

Sec. 3   RCW 77.12.467 and 2007 c 246 s 4 are each amended to read as follows:
     (1) The director shall establish a wildlife rehabilitation program to help support the critical role licensed wildlife rehabilitators play in protecting the public by capturing, testing for disease, and caring for sick, injured, and orphaned wildlife in Washington ((state)). The director shall contract for wildlife rehabilitation services with up to four people in each of the department's six administrative regions. Applicants may submit only one request every two years and must reside in the administrative region for which they have applied. The contracts must be for a term of two years.
     (2) In order to receive funding, the wildlife rehabilitator must: (a) Be properly licensed in wildlife rehabilitation under state and federal law; and (b) furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol to include a national criminal background check. The applicant must pay for the cost of the criminal background check. If the background check reveals that the applicant has been convicted of a felony or gross misdemeanor, the applicant is ineligible to receive funding.
     (3) The department must require that contractors submit detailed reports accounting for all expenditures of state funds. The reports must be submitted to the department on a quarterly basis. The department may require the contractor to submit to an inspection of the rehabilitation facility to ensure compliance with department rules governing wildlife rehabilitation.
     (4) Expenditures that are permitted under this program as they specifically relate to wildlife rehabilitation include:
     (a) Reimbursement for diagnostic and lab support services;
     (b) Purchase and maintenance of proper restraints and equipment used in the capture, transportation, temporary housing, and release of wildlife;
     (c) Reimbursement of contracted veterinary services;
     (d) Reimbursement of the cost of food, medication, and other consumables; and
     (e) Reimbursement of the cost of continuing education.
     (5) The department shall give priority to applications submitted that provide for the rehabilitation of endangered or threatened species.
     (6) Funds may not be used to rehabilitate either nonnative species or nuisance animals, or both, including, but not limited to the following: Eastern gray squirrels (Sciurus carolinensis); opossum (Didelphis virginiana); raccoons (Procyon lotor); striped skunk (Mephitis mephitis); spotted skunk (Spilogale putorius); Eastern cottontail rabbit (Sylvilagus floridanus); domestic rabbit (Oryctolagus cuniculus); European starling (Sturnus vulgaris); and house sparrow (Passer domesticus).
     (((4))) (7) The department shall, in implementing this section, consider all recommendations that may be forwarded by the wildlife rehabilitation advisory committee created in section 2 of this act and may adopt any rules as are necessary to carry out this section.

Sec. 4   RCW 77.12.469 and 2007 c 246 s 5 are each amended to read as follows:
     (1) The department must develop a process for renewing wildlife rehabilitation licenses. All wildlife rehabilitation licenses issued by the department prior to January 1, 2006, must be renewed by January 1, 2010. The department may adopt rules as necessary to implement this section.
     (2) The department shall, in implementing this section, consider all recommendations that may be forwarded by the wildlife rehabilitation advisory committee created in section 2 of this act.

Sec. 5   RCW 90.56.110 and 1994 c 264 s 95 are each amended to read as follows:
     (1) The department of fish and wildlife may adopt rules including, but not limited to, the following:
     (((1))) (a) Procedures and methods of handling and caring for waterfowl or other wildlife affected by spills of oil and other hazardous materials;
     (((2))) (b) The certification of persons trained in the removal of pollutants from waterfowl or other wildlife;
     (((3))) (c) Development of procedures with respect to removal of oil and other hazardous substances from waterfowl or other wildlife;
     (((4))) (d) The establishment of training exercises, courses, and other training procedures as necessary;
     (((5))) (e) Such other rules as may be reasonably necessary to carry out the intent of RCW 90.56.100.
     (2) The department shall, in implementing this section, consider all recommendations that may be forwarded by the wildlife rehabilitation advisory committee created in section 2 of this act.