PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-01-018.
Title of Rule: Trapping rules.
Purpose: Establish interim trapping rules pursuant to Initiative 713.
Statutory Authority for Adoption: Initiative 713, Laws of 2000.
Statute Being Implemented: Initiative 713, Laws of 2000, RCW 77.12.047.
Summary: Interim trapping rules to prohibit body gripping traps except certain traps for control purposes.
Reasons Supporting Proposal: Initiative to the people.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2504; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Initiative 713 requires the department to establish rules for issuance of special permits to trap wildlife for specific purposes. Additionally, it bans the use of body gripping traps. This rule provides the special permit application requirements, and overrides the current trapping rules to prohibit the use of body gripping traps and commerce in furs taken with body gripping traps. Since the Initiative is currently in litigation, these rules are proposed as interim rules.
Proposal Changes the Following Existing Rules: Prohibits commerce in furs and animals taken with body gripping traps and disallows body gripping traps except for specified purposes.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Professional Services Required by the Rule: None.
3. Costs of Compliance, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: Contract trappers will have to complete an application to control an animal problem. It is estimated that it will take .25 hour to complete each application. Commercial trappers will have to use alternative trapping methods, with the largest cost being box and suitcase traps for large fur bearers.
4. Will Compliance Cost Businesses to Lose Sales or Revenue? Contract trappers may be ineffective in controlling certain pests, moles in particular. This could cause a loss of revenue if assurances cannot be given that the animal nuisance problem will be corrected. Compliance with this rule will cause commercial trappers to lose revenue because of the inefficiencies of nonbody gripping traps in the fur trade.
5. Comparison of Costs for the 10% of Businesses that are the Largest Businesses Required to Comply with the Proposed Rule: One large pest control operator has estimated that the inability to use body gripping traps will result in a loss of $8,000 to $10,000 per year.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses: The department has created a simplified application form for a special permit.
7. Description of How the Agency will Involve Small Businesses in Rule Development: The department has reviewed the special permit application with selected businesses.
8. List of Industries Required to Comply with the Rule: Contract and commercial trappers.
A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2942.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Ramada Inn, Spokane International Airport, Spokane, Washington, on April 6-7, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by March 16, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2942, by April 5, 2001.
Date of Intended Adoption: April 6, 2001.
February 21, 2001
Evan Jacoby
Rules Coordinator
(1) Definitions: "Body-gripping trap" includes Conibear-type traps.
(2) Buying or selling of game: Notwithstanding the provisions of WAC 232-12-071, it is unlawful to knowingly offer to or knowingly buy, sell, barter, or otherwise exchange the raw fur of a mammal, or the mammal itself, if the mammal has been trapped in this state with a body gripping trap.
(3) Special permits: Notwithstanding the provisions of WAC 232-12-124, 232-12-141, and 232-28-515, it is unlawful to trap animals using body-gripping traps except persons may make application to use Conibear-type traps in water, non-strangling foot snares, and padded leghold traps for the purposes provided in the Initiative provided they are in possession of a special permit issued by the director. Applicants must apply on a department form for the special permit, and provide the following information:
(a) Applicant's name, address and phone number, if applicable;
(b) Location and description of animal problem, including species and number, if known.;
(c) Nonlethal methods used and results, or why nonlethal methods could not be used; and
(d) Trapping method to be used and who will do the trapping.
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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.