WSR 97-22-096

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed November 5, 1997, 8:40 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-027.

Title of Rule: To amend WAC 232-12-275 Wildlife rehabilitation permits.

Purpose: To amend WAC 232-12-275 Wildlife rehabilitation permits. This amendment streamlines paperwork, places into code the conditions of the permit, updates disease reporting requirements and requires separation of wildlife undergoing rehabilitation from other animals.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: Amends the permit time period to be valid until changes occur to the permit, rather than for one year. Requires the separation of wildlife undergoing rehabilitation to be held separate from wildlife held under other permits and domestic animals. Updates the diseases that wildlife rehabilitators must report. Places into code the conditions of the permit.

Reasons Supporting Proposal: To streamline paperwork, update WAC with current wildlife rehabilitation information, and codify conditions of the permit.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule eliminates the requirement of the permit holder to renew their permit every year, provided they comply with all of the conditions and requirements of the permit.

Proposal does not change existing rules. See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Red Lion Inn, North 1100 Sullivan Road, Spokane, WA 99220, phone (509) 924-9000, on December 12-13, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 30, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2940, by November 30, 1997.

Date of Intended Adoption: December 13, 1997.

November 5, 1997

Evan Jacoby

Rules Coordinator

[AMENDATORY SECTION (Amending WSR 96-12-045, filed 5/31/96, effective 7/1/96)]

WAC 232-12-275 Wildlife rehabilitation permits. (((2) It is unlawful to possess wildlife for the purpose of rehabilitation without first obtaining a valid Washington state "wildlife rehabilitation permit." Rehabilitation permits are valid for the calendar year issued.

(3) A wildlife rehabilitation permit, may be issued to a person to treat or care for injured, diseased, or abandoned wildlife for the purpose of successful release to the wild.

(4) The director may issue a wildlife rehabilitation permit if the applicant complies with the following:

(4a) The applicant is either a licensed veterinarian or a person who can demonstrate 6 months of experience in wildlife rehabilitation, which must include 3 months during the spring or summer and has a principal veterinarian. The director may consider education in wildlife rehabilitation as a substitute for experience.

(4b) The applicant must successfully complete a wildlife rehabilitator's examination(s) as prescribed by the director.

(4c) The wildlife rehabilitation facility meets the wildlife rehabilitation care and facility standards in the Washington State Wildlife Rehabilitation Care and Facility Standards pamphlet.

(5) It is unlawful to hold wildlife for longer than 180 days except as authorized by the director.

(6) It is unlawful to publicly display wildlife while it is undergoing rehabilitation.

(7) It is unlawful to retain wildlife for the purpose of orphan-imprinting or to retain feathers of protected or endangered wildlife for the purpose of "imping," except as provided by written permission from the director.

(8) It is unlawful for wildlife being held for rehabilitation to be used for propagation.

(9) A wildlife rehabilitator may receive from the department and possess at the wildlife rehabilitation facility dead wildlife for the purpose of feeding wildlife being rehabilitated.

(4d) The holder of a wildlife rehabilitation permit must submit to the department no later than January 31 of each year an annual report providing information as required by the director. The department will provide wildlife rehabilitators with a wildlife rehabilitation ledger which may also be submitted as the annual report.

(4e) It is unlawful for a wildlife rehabilitation permit holder to fail to enter required information in the wildlife rehabilitation ledger within 24 hours of the day wildlife is received and on the day of all subsequent activities as required in the ledger.

(4f) All permits and records held pursuant to statutes and rules dealing with wildlife rehabilitation will be kept on file at the wildlife rehabilitation facility. [These] [The] records will be maintained on a calendar year basis and will be retained for a period of five years. A copy of the valid wildlife rehabilitation permit must be in [the] possession of any person possessing or transporting wildlife for the wildlife rehabilitation facility.

(10) Wildlife agents may inspect at reasonable times and in a reasonable manner the wildlife, permits, records, and wildlife rehabilitation facility of any wildlife rehabilitator.

(11) Any permittee who fails to comply with individual permit conditions, the care and facility standards, reporting requirements, or records maintenance is in violation of the permit and the permit may be revoked or not renewed. Any permittee found in non-compliance may provide to the Department a plan for corrective action, within 10 days, to return to compliance. Any permittee with an acceptable plan for corrective action will be given a minimum of 30 days to correct a permit violation prior to revocation or non-renewal of the permit.

(12) All wildlife held by a wildlife rehabilitation permittee remains the property of the state and is subject to control by the state.

(1) For the purposes of this rule, the following definitions apply:

(1a) "Wildlife rehabilitation" means the care and treatment of injured, diseased, or abandoned wildlife, including but not limited to capture, transporting, veterinary treatment, feeding, housing, exercise therapy, and any other treatment or training necessary for release back to the wild.

(1b) "Wildlife rehabilitation facility" means the authorized [site(s)] [(sites)] as shown on the wildlife rehabilitation permit where the treatment and rehabilitation takes place.

(1c) "Wildlife rehabilitator" means a person who cares for or treats injured, diseased, or abandoned wildlife for the purpose of releasing wildlife to the wild.

(1d) "Wildlife rehabilitation permit" means a permit issued by the director that authorizes a person to possess for treatment or care, injured, diseased, or abandoned wildlife for the purpose of successful release to the wild.

(1e) "Principal veterinarian" means a licensed veterinarian who provides in writing their willingness to assist the rehabilitator in the medical treatment of injured, diseased, or abandoned wildlife.

(1f) "Public display" means to place or locate wildlife so that it may be viewed by the public.

(1g) "Imping" means a method of repairing broken feathers.

(1h) "Orphan-imprinting" means to use wildlife for the purpose of feeding, socializing, and teaching appropriate behavior to young wildlife.))

(1) For the purposes of this rule, the following definitions apply:

(a) "Wildlife rehabilitation" means the care and treatment of injured, diseased, or abandoned wildlife, including but not limited to capture, transporting, veterinary treatment, feeding, housing, exercise therapy, and any other treatment or training necessary for release back to the wild.

(b) "Wildlife rehabilitation facility" means the authorized sites as shown on the wildlife rehabilitation permit where the treatment and rehabilitation takes place.

(c) "Wildlife rehabilitator" means a person who conducts wildlife rehabilitation.

(d) "Wildlife rehabilitation permit" means a permit issued by the director that authorizes a person to conduct wildlife rehabilitation.

(e) "Principal veterinarian" means a licensed veterinarian who provides in writing their willingness to assist the rehabilitator in conducting wildlife rehabilitation.

(f) "Public display" means to place or locate wildlife so that it may be viewed by the public.

(g) "Imping" means a method of repairing broken feathers.

(h) "Orphan-imprinting" means to use wildlife for the purpose of feeding, socializing, and teaching appropriate behavior to young wildlife.

(2) It is unlawful to possess wildlife for the purpose of rehabilitation without first obtaining a valid Washington state "wildlife rehabilitation permit". A wildlife rehabilitation permit may be issued to a person to conduct wildlife rehabilitation and is valid so long as the information in the permit remains current, the permit holder continues to meet the conditions and requirements of the permit, and provisions of this rule. Any change to the information on the permit must be reported in writing within 10 working days or the permit may be invalidated.

(3) The director may issue and condition a wildlife rehabilitation permit if the applicant complies with the following:

(a) The applicant is either a licensed veterinarian or can demonstrate 6 months of experience in wildlife rehabilitation, which must include 3 months during the spring or summer and has a principal veterinarian as a sponsor. The director may consider education in wildlife rehabilitation as a substitute for experience.

(b) The applicant must successfully complete a wildlife rehabilitator's examination(s) as prescribed by the director.

(c) The wildlife rehabilitation facility is inspected by the department and meets the wildlife rehabilitation care and facility standards in the 1996 Washington State Wildlife Rehabilitation Care and Facility Standards pamphlet.

(4) The wildlife rehabilitation permit holder must maintain and upon request make available to the department a wildlife rehabilitation daily ledger. The ledger must include the date the wildlife is received, the species and nature of the illness, the location where the wildlife was found, the date and disposition of the wildlife, the release location, and if any, tags and/or band numbers. It is unlawful for a wildlife rehabilitation permit holder to fail to enter required information in the wildlife rehabilitation ledger within 24 hours of the day wildlife is received and on the day of all subsequent activities as required in the ledger.

(5) The wildlife rehabilitation permit holder must submit to the department no later than January 31, of each year an annual report providing information as required by the director and a copy of the daily ledger.

(6) All permits and records held pursuant to statutes and rules dealing with wildlife rehabilitation will be kept on file at the wildlife rehabilitation facility. The records will be retained for a period of five years.

(7) A copy of the valid wildlife rehabilitation permit must be in possession of any person possessing or transporting wildlife for the wildlife rehabilitation facility.

(8) The wildlife rehabilitation permit holder will notify the department within 24 hours of receiving a state or federally endangered or threatened species; within 72 hours of receiving a state sensitive species or marked, tagged, or banded wildlife; and prior to release of threatened or endangered species.

(9) The wildlife rehabilitation permit holder will notify the department within 24 hours after the death of a state or federally endangered or threatened species; or as soon as an endangered or threatened species is determined to be non-releasable to the wild. Endangered or threatened species will not be disposed of or euthanized without prior department approval.

(10) Rehabilitated wildlife may be banded or otherwise identified by the department.

(11) The wildlife rehabilitation permit holder will notify the department, within five working days from the date of death, of any wildlife known to have died of the following diseases: avian cholera, avian pox, duck viral enteritis, environmental contaminants, ornithosis, Newcastle's disease, rabies, canine distemper or tuberculosis (in species other than birds).

(12) Rehabilitated wildlife will be released as soon as possible into its proper habitat in the same area as recovered, except as provided by written authorization from the director.

(13) It is unlawful to hold wildlife for longer than 180 days, except as provided by written authorization from the director.

(14) Dead wildlife will be disposed of through deposit at an approved Washington state university or college, a permitted research project or through burial, incineration, or a licensed rendering facility.

(15) It is unlawful to publicly display wildlife while it is undergoing rehabilitation.

(16) It is unlawful to retain wildlife for the purpose of orphan-imprinting or to retain feathers of protected or endangered wildlife for the purpose of "imping", except as provided by written authorization from the director.

(17) It is unlawful for wildlife being held for rehabilitation to be used for propagation.

(18) Wildlife being held for the purposes of rehabilitation must be kept separate from wildlife held under other licenses and domestic animals, except as provided by written authorization from the director.

(19) The wildlife rehabilitation permit holder may receive from the department and possess at the wildlife rehabilitation facility, dead wildlife for the purpose of feeding wildlife being rehabilitated.

(20) Fish and wildlife enforcement officers may inspect at reasonable times and in a reasonable manner the wildlife, permits, records, and wildlife rehabilitation facility of any wildlife rehabilitator.

(21) Any wildlife rehabilitation permit holder who fails to comply with with any condition within the holder's permit or any provision of this rule is in violation of the permit and the permit may be revoked. Any wildlife rehabilitation permit holder found in violation of the permit may provide to the department a plan for corrective action, within 10 days, to return to compliance. Any wildlife rehabilitation permit holder with an acceptable plan for corrective action will be given a minimum of 30 days to correct a permit violation prior to revocation.

(22) All wildlife held by a wildlife rehabilitation permit holder remains the property of the state, is subject to control by the state and will not be offered for sale or sold.

[Statutory Authority: RCW 77.12.040, 77.12.700 and 77.12.010. 96-12-045, 232-12-275, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 77.12.030 and 77.12.040. 88-09-036 (Order 308), 232-12-275, filed 4/15/88.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.