WSR 18-06-006 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Filed February 22, 2018, 4:06 p.m., effective March 25, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The purpose of the proposal is to comply with the changes made in ESSB 6040 passed during the 2014 legislative session. The proposal updates terms to existing rules and adds new rules to chapter 220-640 WAC. Citation of Rules Affected by this Order: New WAC 220-640-060, 220-640-070, 220-640-080, 220-640-090, 220-640-100, 220-640-110, 220-640-120 and 220-640-130; and amending WAC 220-640-010, 220-640-020, 220-640-030, 220-640-040, and 220-640-050. Adopted under notice filed as WSR 17-22-134 on November 1, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 8, Amended 5, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: February 22, 2018. Joe Stohr Director
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-640-010 ((Nonnative)) Aquatic invasive species—Provisions.
The following provisions apply to all nonnative aquatic species except nonnative species in ballast water, which are provided for in chapter ((220-370)) 220-650 WAC. The definitions of invasive species, prohibited aquatic animal species((,)) and regulated aquatic animal species((, unregulated aquatic animal species, unlisted aquatic animal species and aquatic plant species)) as used in this section are the same as in RCW ((77.08.010)) 77.135.010.
(((1) Request for designation of unlisted aquatic animal species prior to release. Unlisted nonnative aquatic animal species must be reviewed and designated for classification by the commission as either regulated aquatic animal species or unregulated aquatic animal species prior to approval for release into state waters. A request for classification of an unlisted nonnative aquatic animal species shall be treated as a petition to amend WAC 220-640-040, and made on the OFM-01 form. Upon receipt of a petition, the department shall initially classify the species as a prohibited species until the review is complete. In addition to the OFM-01 form, a person requesting classification must provide the following information in order to present a complete request for designation for classification:
(a) Common and scientific name, reason for release, source of the animals proposed for release, and number of animals proposed for release.
(b) Native range of the species, assessment of potential positive and negative impacts of the release, citation of available scientific literature on release of the species in other nonnative locales, known potential for displacement of native species, hybridization with or predation upon native species, and disease or parasite transmission.
(c) Estimate of technical and economic feasibility of eradicating or controlling spread of the species once it is introduced into state waters.
(2) Provisions applying to prohibited aquatic animal species.
(a) Zebra mussels: It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel-free certificate issued by the department and signed by the supplier of the aquatic organisms. The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra mussel-free certificate for two years. Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who was the original receiver.
(b) Scientific research or display: The director may authorize, by prior written permit, a person to possess prohibited aquatic animal species for scientific research or display, provided:
(i) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of prohibited aquatic animal species into a natural watercourse, and specimens are inaccessible to wildlife or other animals that could transport prohibited aquatic animal species.
(ii) Specimens are not transferred to any other facility without written approval by the director or designee.
(iii) All zebra mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are disinfected. All other prohibited aquatic animal species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.
(iv) The permittee provides an annual report to the department, no later than January 31 of the following year, on a form provided by the department, describing the number, size and location of prohibited aquatic animal species enclosures and general nature of the research.
(c) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy prohibited aquatic animal species, provided:
(i) The persons have completed a mandatory training program and are certified by the department;
(ii) The persons have a permit authorized by the director or designee in possession;
(iii) All prohibited aquatic animal species are disposed of in accordance with the monitoring and control program; and
(iv) Participants submit a report to the department within thirty days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.
(d) Capture of prohibited species in state waters. Prohibited aquatic animal species that are captured in state waters and not immediately returned to the water from which they were captured must be killed before removing the prohibited aquatic animal species from within the riparian perimeter of the body of water.
(e) It is lawful to possess dead vertebrate prohibited aquatic animal species taken from state waters, and it is lawful to possess chemically preserved nonvertebrate prohibited aquatic animal species from any source. No permit is required for possession under this subsection.
(f) Prohibited aquatic animals held in commercial and personal possession prior to classification. A person who possessed a prohibited aquatic animal species prior to the time the species was classified as prohibited may continue to hold the animal or animals for the life of the animals, provided:
(i) The person must maintain proof of possession prior to the classification.
(ii) The animals may not be transferred to another owner within the state.
(iii) The person must comply with all provisions of this section.
(iv) The animals must be prevented from reproducing, or if prevention is impracticable, the progeny must be destroyed.
(3) Infested waters.
(a) The following bodies of waters are infested with invasive aquatic plants or prohibited aquatic animal species. In these waters:
(i) It is unlawful to use aquatic animals from these waters for bait in the infested waters or any other waters.
(ii) All aquatic vegetation must be removed from lines, nets, motors, and all other equipment when the equipment is removed from the infested waters.
(iii) It is unlawful to transport water from these bodies of water, and bait containers, live wells, and bilges must be emptied before leaving the riparian perimeter of the body of water, except:
(A) Water may be transported in emergencies, such as a fire emergency.
(B) Water may be withdrawn and used under a water appropriation or public waters work permit issued by the department of ecology.
(b) List of infested waters:
Adams County: Herman and Hutchison lakes.
Chelan County: Chelan, Cortez, Domke, Fish, Roses and Wapato lakes.
Clallam County: Sutherland Lake.
Clark County: Battleground, and Lacamas lakes, Klineline Pond, Caterpillar Slough, Columbia River adjacent to Ridgefield National Wildlife Refuge.
Columbia, Franklin and Walla Walla counties: Herbert G. West Lake, Snake River.
Cowlitz County: Kress and Silver lakes, Soho and Willow Grove sloughs.
Ferry County: Twin Lake.
Franklin County: Kahlotus and Sacajawea lakes, Scooteney Reservoir, Snake River.
Grant County: Babcock Ridge, Banks, Billy Clapp, Burke, Caliche, Canal, Corral, Corral Southwest, Moses, Priest Rapids, Quincy, Stan Coffin, Warden, and Windmill lakes, unnamed potholes at Dodson Frenchman and Frenchman Hills Nos. 1 through 4, Evergreen and Potholes reservoirs, Rocky Ford Creek and Winchester Wasteway.
Grays Harbor County: Duck and Failor lakes, Grays Harbor.
Island County: Crockett and Lone lakes.
Jefferson County: Crocker and Leland lakes.
King County: Alice, Angle, Bass, Desire, Fenwick, Geneva, Green, Killarney, Lucerne, Meridian, Nielson (Holm), Otter (Spring), Phantom, Pine, Pipe, Sammamish, Sawyer, Shadow, Shady, Spring, Steel, Twelve, Union, Washington, and Wilderness lakes.
Kitsap County: Buck, Horseshoe, Long, Mission, Square, Tahuya, and Wye lakes.
Kittitas County: Lavendar and Mattoon lakes.
Klickitat County: Celilo, Horsethief, and Spearfish lakes, Columbia River.
Lewis County: Carlisle, Mayfield, Plummer, and Riffe lakes, Swofford Pond, Chehalis and Cowlitz rivers and the Interstate Avenue Slough.
Mason County: Isabella, Island, Limerick, Mason, Spencer, and Trails End (Prickett) lakes.
Okanogan County: Conconully, Green, Osooyoos, Palmer, Pearrygin, and Whitestone lakes, Okanogan River.
Pacific County: Black, Island, Loomis, and O'Neil lakes, Willapa Bay.
Pend Oreille County: Davis, Diamond, Fan, Horseshoe, Mashall, Nile, and Sacheen lakes, Little Spokane and Pend Oreille rivers.
Pierce County: Bay, Clear, Harts, Hidden, Ohop, Rapjohn, Spanaway, Tapps, and Whitman lakes.
San Juan County: Sportsman Lake.
Skagit County: Beaver, Big, Campbell, Clear, Erie, Heart, Mcmurray, and Sixteen lakes.
Skamania County: Coldwater and Drano lakes, Columbia River.
Snohomish County: Goodwin, Meadow, Nina, Roesiger, Shoecraft, Silver, Stevens, and Swartz lakes.
Spokane County: Eloika, Liberty, Long, Newman, and Silver lakes.
Stevens County: Black, Deep, Gillette, Heritage, Loon, McDowell, Sherry, Thomas, and Waitts lakes, Long Lake Reservoir.
Thurston County: Capitol, Hicks, Long, Munn, Scott, and Ski lakes, Black and Chehalis rivers.
Wahkiakum County: Columbia River and Brooks Slough.
Walla Walla County: Snake River.
Whatcom County: Terrell and Whatcom lakes.
Whitman County: Bryan and Lower Granite lakes, Snake River.
Yakima County: Buena, Byron, Dog, and Freeway (Rotary) lakes, unnamed ponds at 12N - 19E - 20, Yakima River.
(4) Aquaculture provisions. It is unlawful to fail to comply with the following provisions regarding aquaculture and waters containing prohibited aquatic animal species or invasive aquatic plant species.
(a) When a natural body of water is designated by rule as infested, ongoing aquaculture operations in that body of water are restricted from transferring product, equipment or associated materials until such time as the operator of the aquaculture operation submits to the department a plan to prevent the spread of invasive aquatic plants and prohibited aquatic animal species, and has received approval from the department of such plan.
(b) Artificial water basins found to be infested with prohibited aquatic animal species are required to have the water sterilized before continuing aquaculture operations, and any private sector cultured products in such waters must be killed before sale or transfer.
(c) By permit from the department, water from bodies of water infested with invasive aquatic plants may be used in artificial water basins for aquaculture, provided that the water is treated to eliminate invasive aquatic plants prior to use.
(5) Violations of this section involving invasive aquatic animal species is punishable under RCW 77.15.809 or 77.15.811.
(6) Violations of this section involving invasive aquatic plants is punishable under RCW 77.15.290.))
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-640-020 ((Aquatic nuisance species.)) Reserved—Deleterious exotic wildlife.
Reserved.
(1) The following ((species)) animals are hereby designated as deleterious exotic wildlife ((and aquatic nuisance species)):
(((a) Zebra mussels, including Dreissena polymorpha and other species commonly known as quagga;
(b) The European green crab, Carcinus maenas; and
(c) Chinese mitten crabs, including all members of the genus Eriocheir.
(2) It is unlawful to intentionally import into the state or possess aquatic nuisance species except as provided in this section.
(3) Zebra mussels: It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel-free certificate issued by the department and signed by the supplier of the aquatic organisms. The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra mussel-free certificate for two years. Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who was the original receiver.
(4) Scientific research: The director may authorize, by prior written permit, a person to possess aquatic nuisance species for scientific research, provided:
(a) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of aquatic nuisance species or any form of aquatic nuisance species larvae, is not a natural watercourse, and is inaccessible to wildlife or other animals that could transport aquatic nuisance species.
(b) Specimens are not transferred to any other facility without written approval by the director or designee.
(c) All zebra mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are disinfected. All other aquatic nuisance species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.
(d) The permittee provides an annual report to the department, no later than January 31 of the following year, on a form provided by the department, describing the number, size and location of aquatic nuisance species enclosures and general nature of the research.
(5) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy aquatic nuisance species, provided:
(a) The persons have completed a mandatory training program and are certified by the department;
(b) The persons have a permit authorized by the director or designee in possession;
(c) All aquatic nuisance species are disposed of in accordance with the monitoring and control program; and
(d) Participants submit a report to the department within thirty days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.
(6) Abatement. Except as provided for in subsection (4) of this section, the department may take action to prevent or abate introduced aquatic nuisance species as a public nuisance, including but not limited to chemical treatment of the water containing the aquatic nuisance species or object to which an aquatic nuisance species is attached, heat treatment of such object, or other abatement measures as are appropriate. The possessor of aquatic nuisance species may be responsible for costs incurred by the department in abating an aquatic nuisance species infestation.)) (a) Birds: In the family Anatidae, the mute swan (Cygnus olor).
(b) Mammals:
(i) In the family Viverridae, the mongoose (all members of the genus Herpestes).
(ii) In the family Suidae, the wild boar (Sus scrofa and all wild hybrids).
(iii) In the family Tayassuidae, the collared peccary (javelina) (Tayassu tajacu).
(iv) In the family Bovidae, all members and hybrids of the following genera: Rupicapra (Chamois); Hemitragus (Tahr); Capra (goats, ibexes except domestic goat Capra (hircus)); Ammotragus (Barbary sheep or Aoudad); Ovis (sheep), except domestic sheep Ovis aries; Damaliscus (Sassabies); Alcelaphus buselaphus (Hartebeest); and Connochaetes (Wildebeests).
(v) In the family Cervidae, the European red deer (Cervus elaphus elaphus), all nonnative subspecies of Cervus elaphus, and all hybrids with North American elk; Fallow deer (Dama dama), Axis deer (Axis axis), Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi), Sika deer (Cervus Nippon), Reindeer (all members of the genus Rangifer except Rangifer tarandus caribou), and Roedeer (all members of the genus Capreolus).
(2) It is unlawful to import into the state, hold, possess, propagate, offer for sale, sell, transfer, or release live specimens of deleterious exotic wildlife, their gametes and/or embryo, except as provided under subsection (3), (4), (5), (6), or (7) of this section, and as provided in WAC 220-640-020.
(3) Scientific research or display: The director may authorize, by written approval, a person to import into the state, hold, possess, and propagate live specimens of deleterious exotic wildlife for scientific research or for display by zoos or aquariums who are accredited institutional members of the association of zoos and aquariums (AZA), provided:
(a) The specimens are confined to a secure facility;
(b) The specimens will not be transferred to any other location within the state, except to other AZA-accredited facilities with written director approval or as otherwise authorized in writing by the director;
(c) The specimens will be euthanized and all parts incinerated at the end of the project, except for federally listed endangered or threatened species, which may be retained or transferred where in compliance with federal law;
(d) The person will keep such records on the specimens and make such reports as the director may require; and
(e) The person complies with other requirements of this section.
(4) Retention or disposal of existing specimens lawfully in captivity:
(a) Specimens lawfully in captivity prior to January 18, 1991: A person holding exotic wildlife specimens in captivity that were classified by the fish and wildlife commission as deleterious exotic wildlife on or before January 18, 1991, may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to January 18, 1991, provided such person complies with subsection (4)(c) through (h) hereunder and the other requirements of this section;
(b) Specimens lawfully in captivity prior to June 20, 1992: A person holding the following deleterious exotic wildlife specimens in captivity that were classified by the fish and wildlife commission as deleterious exotic wildlife by operation of emergency rule filed June 19, 1992, (in the family Bovidae, Sassabies (all members of the genus Damaliscus), Hartebeest (Alcelaphus buselaphus), Wildebeests (all members of the genus Connochaetes), Markhor (Capra falconeri), and Marcopolo sheep (Ovis ammon); and in the family Cervidae, Fallow deer (Dama dama), Axis deer (Axis axis), Sika deer (Cervus Nippon), and Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to June 20, 1992, and the lawful progeny thereof, provided such person complies with (c) through (h) of this subsection and the other requirements of this section and except as provided under subsection (7) of this section;
(c) The person reported to the director, in writing, the species, number, and location of the specimens, as required;
(d) The specimens are confined to a secure facility at the location reported;
(e) Live specimens are not propagated, except at AZA-accredited facilities with the written permission of the director or as otherwise authorized in writing by the director;
(f) Live specimens shall be neutered, physically separated by sex, and/or rendered infertile by means of contraception, except at AZA-accredited facilities with the written permission of the director;
(g) Live specimens are not released; and
(h) Live specimens are not sold or transferred, except:
(i) Live specimens in lawful possession may be permanently removed from the state of Washington or transported directly to slaughter where in accordance with other applicable law;
(ii) Federally listed endangered or threatened species may be transferred to AZA-accredited facilities where in compliance with federal law;
(iii) Live specimens may be moved to the new primary residence of the possessor with the written approval of the director, provided that all other requirements are satisfied and the total number of locations where animals are held is not increased; and
(iv) AZA facilities may sell and/or transfer live specimens within the state with the written permission of the director.
(5) Retention or disposal of existing specimens lawfully in captivity prior to February 13, 1993: A person holding exotic wildlife specimens in captivity that are newly classified by the fish and wildlife commission as deleterious exotic wildlife by operation of this rule (Reindeer (all members of the genus Rangifer, except Rangifer tarandus caribou), and Roedeer (all members of the genus Capreolus)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to February 13, 1993, provided:
(a) The person reports to the director in writing by March 31, 1993, and reports annually thereafter, or as otherwise required by the director, the species, number, and location of such specimens; and
(b) The person complies with subsection (4)(d) through (h) of this section and the other requirements of this section.
(6) The provisions of this section shall not prohibit the importation, possession, propagation, sale, transfer, or release of live specimens of federally listed threatened or endangered species, their gametes and/or embryo, where in compliance with federal law.
(7) Notwithstanding the provisions of subsection (2) of this section, Fallow deer (Dama dama) and reindeer (all members of the genus Rangifer, except Rangifer tarandus caribou) may be imported into the state, held, possessed, propagated, offered for sale, sold, and/or transferred, provided:
(a) The person complies with subsection (4)(c) through (g) of this section and the other requirements of this section, except for subsection (4)(e), (f), and (h) of this section; and
(b) The person complies with the department of agriculture per WAC 16-54-180 as now or hereafter amended, except:
Animals that have resided at any time east of a line drawn through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and the 100th Meridian where it passes through Texas, or that have had contact with or shared common ground with animals which have resided at any time east of such line, shall not be imported into the state of Washington unless specifically authorized in writing by the director of the department of agriculture and the department of fish and wildlife;
(c) No specimens affected with any infectious or communicable disease shall be imported into the state unless in compliance with all applicable laws and regulations and unless written permission is obtained from the directors of the department of agriculture and the department of fish and wildlife;
(d) The specimens are confined to a secure facility; and
(e) Reindeer may not be imported into, held, or possessed in Ferry, Stevens, or Pend Oreille counties or that portion of Spokane County north of Spokane River.
(8) Escaped animals:
(a) Escaped deleterious exotic wildlife, including Fallow deer (Dama dama) and reindeer (all members of the genus Rangifer, except Rangifer tarandus caribou) will be considered a public nuisance. The department or any peace officer may seize, capture, or destroy deleterious exotic wildlife that have escaped the possessor's control. The former possessor shall be responsible for costs incurred by the department in recovering, maintaining, or disposing of such animals, as well as any damage to the state's wildlife or habitat.
(b) Escapes of deleterious exotic wildlife must be reported immediately to the department.
(c) The recapture or death of escaped deleterious exotic wildlife must be reported immediately to the department.
(9) Secure facility:
(a) All deleterious exotic wildlife will be held in a secure facility. For the purpose of this rule, a secure facility is an enclosure so constructed as to prevent danger to the environment or wildlife of the state, including escape of deleterious exotic wildlife specimens or ingress of resident wildlife ungulates (hoofed animals). The adequacy of the facility shall be determined by the director or agents of the director.
(b) For deleterious exotic wildlife listed in subsection (1)(b)(iv) and (v) of this section, the "secure facility" must comply with the fencing requirements in subsection (10) of this section, unless otherwise authorized by the director in writing.
(10) Fencing requirements:
(a) Perimeter fences must be, at a minimum, eight feet above ground level for their entire length. The bottom six feet must be mesh of sufficient size to prevent resident wildlife ungulates (hoofed animals) from entering and deleterious exotic wildlife from escaping. Supplemental wire required to attain a height of eight feet may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart.
(b) Perimeter fences constructed of high tensile wire must be supported by a post or stay at minimum intervals of eight feet.
(c) Perimeter fences must be at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, chain link, nonclimbable woven fence, or other fence approved by the director.
If the wire used is not a full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable.
(d) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.
(e) All gates in the perimeter fences must be self-closing, equipped with two locking devices, and installed only in locations that have been approved by the director. Double gates may be required at points in the perimeter fences subject to frequent vehicle traffic that is not related to activities involving the holding of deleterious exotic wildlife.
(f) Posts used in the perimeter fences must be:
(i) Wood (pressure treated), five-inch minimum diameter or an equivalent as approved by the director;
(ii) Spaced no more than twenty-four feet apart with stays or supports at eight foot intervals between the posts;
(iii) Extended at least eight feet above ground level; and
(iv) Have corners braced with wood or with an equivalent material as approved by the director.
(g) Fences must be maintained at all times to prevent deleterious exotic wildlife from escaping or resident wildlife ungulates (hoofed animals) from entering the enclosure. If such animals do pass through, under, or over the fence because of any topographic feature or other conditions, the person possessing deleterious exotic wildlife must immediately supplement the fence to prevent continued passage.
(h) For any fence existing prior to February 13, 1993, a person may petition the director in writing for a variance from the above fencing requirements. Any such petition must be filed no later than May 31, 1993, and must identify all aspects in which the existing fence does not meet the fencing requirements contained herein. On approval of the director, such person may maintain such existing fence with normal repair. However, any extension or relocation of existing fence must meet the fencing requirements contained herein.
(11) Marking requirements:
(a) All live specimens of deleterious exotic wildlife, except those listed in subsection (1)(a) and (b) of this section, shall be permanently and individually identified by methods approved by the director.
(b) Identification assigned to an individual animal may not be transferred to any other animal.
(c) All specimens of deleterious exotic wildlife identified in subsection (1)(b)(iv) and (v) of this section must be individually identified by the methods specified below:
(i) All live specimens of such deleterious exotic wildlife shall be marked with USDA official ear tags or with ear tags supplied or approved by the department. Tags shall be applied in sequential order; and
(ii) All live specimens of such deleterious exotic wildlife shall be marked with a tattoo with an identifying number that has been recorded with the director. The tattoo must be placed on the left ear of the animal.
(d) All lawful progeny of deleterious exotic wildlife must be tagged and tattooed by December 31st of the year of birth or upon leaving the holding facility, whichever is earlier.
(e) Where allowed, if an animal is sold or transferred within the state, the tag and tattoo must accompany the animal. The new owner or possessor shall not renumber the animal.
(f) Where allowed, live specimens of deleterious exotic wildlife shall be marked prior to importation.
(g) No unmarked deleterious exotic wildlife may be sold or otherwise transferred from the holding facility.
(12) Testing of specimens:
(a) Where allowed, prior to entry into the state of Washington, a person importing any member of the genus Cervus, which is identified in subsection (1)(b)(v) of this section, must submit records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington). Such testing shall be at the possessor's expense. Animals that are deemed by department of wildlife biologists upon examination to exhibit either: Behavioral (vocalization), morphological (size, rump patch, color), or biochemical indications of such influence (hemoglobin, superoxide dismutase, transferrin and post-transferrin, or others to be developed) may not be imported.
(b) The director may require a person currently possessing any member of the genus Cervus that are identified in subsection (1)(b)(v) of this section to submit records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington) for each individual cervid to the department. Such testing shall be at the possessor's expense. The director may require that any animal identified as a red deer or having nonindigenous genetic influence be destroyed, removed from the state, or neutered.
(c) The director may require that all specimens of deleterious exotic wildlife lawfully in captivity be tested for brucellosis (brucella abortus), tuberculosis (mycobacterium bovis and mycobacterium tuberculosis), meningeal worm (Paralophostrongylus tenuis), and muscle worm (Elaphostrongylus cervis) in accordance with the procedures specified in department of agriculture per WAC 16-54-180 as now or hereafter amended and/or for other disease or parasites determined to pose a risk to wildlife. The results of such tests shall be filed with the director as required.
(13) Reporting:
(a) A person holding deleterious exotic wildlife in captivity shall submit a completed report no later than March 30, 1993, and then no later than January 31st of each year, or as otherwise required by the director, on a form provided by the department.
(b) Persons possessing deleterious exotic wildlife must notify the director within ten days of any change of such persons' address and/or location of the holding facility.
(14) Inspection:
(a) All holding facilities for deleterious exotic wildlife located in the state are subject to inspection for compliance with the provisions of this section.
(b) Such inspections shall be conducted at reasonable times.
(15) Notification and disposition of diseased animals:
(a) Any person who has reason to believe that deleterious exotic wildlife being held pursuant to this rule have or have been exposed to a dangerous or communicable disease or parasite shall notify the department immediately.
(b) Upon having reason to believe that deleterious exotic wildlife held pursuant to this rule have been exposed to or contracted a dangerous or contagious disease or parasite, the director may order inspection of such animals by a licensed, accredited veterinarian or inspection agent. Inspection shall be at the expense of the possessor.
(c) The director shall determine when destruction of animals, quarantine, or disinfection is required at any facility holding deleterious exotic wildlife, pursuant to this rule. If the director determines that destruction, quarantine, or disinfection is required, a written order shall be issued to the possessor describing the procedure to be followed and the time period for carrying out such actions. Such activities shall be at the expense of the possessor.
(16) Quarantine area:
(a) Any facility holding deleterious exotic wildlife must have an approved quarantine facility within its exterior boundary or submit an action plan to the director that guarantees access to an approved quarantine facility within the state of Washington:
(i) An approved quarantine facility is one that meets criteria set by the Washington state department of agriculture;
(ii) The quarantine area must meet the tests of isolation, separate feed and water, escape security, and allowances for the humane holding and care of its occupants for extended periods of time.
(b) Should the imposition of a quarantine become necessary, the possessor must provide an on-site quarantine facility or make arrangements at such possessor's expense to transport the animals to the approved quarantine facility named in the quarantine action plan.
(17) Seizure:
(a) The department of wildlife may seize any unlawfully possessed deleterious exotic wildlife.
(b) The cost of any seizure and/or holding of deleterious exotic wildlife may be charged to the possessor of such animals.
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-640-030 ((Deleterious exotic wildlife.)) Prohibited level 1 aquatic animal species.
(((1) The following animals are hereby designated as deleterious exotic wildlife:
(a) Birds:
In the family Anatidae, the mute swan (Cygnus olor).
(b) Mammals:
(i) In the family Viverridae, the mongoose (all members of the genus Herpestes).
(ii) In the family Suidae, the wild boar (Sus scrofa and all wild hybrids).
(iii) In the family Tayassuidae, the collared peccary (javelina) (Tayassu tajacu).
(iv) In the family Bovidae, all members and hybrids of the following genera: Rupicapra (Chamois); Hemitragus (Tahr); Capra (goats, ibexes except domestic goat Capra (hircus); Ammotragus (Barbary sheep or Aoudad); Ovis (sheep), except domestic sheep Ovis aries; Damaliscus (Sassabies); Alcelaphus buselaphus (Hartebeest); and Connochaetes (Wildebeests).
(v) In the family Cervidae, the European red deer (Cervus elaphus elaphus), all nonnative subspecies of Cervus elaphus, and all hybrids with North American elk; Fallow deer (Dama dama), Axis deer (Axis axis), Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi), Sika deer (Cervus Nippon), Reindeer (all members of the Genus Rangifer except Rangifer tarandus caribou), and Roedeer (all members of the Genus Capreolus).
(2) It is unlawful to import into the state, hold, possess, propagate, offer for sale, sell, transfer, or release live specimens of deleterious exotic wildlife, their gametes and/or embryo, except as provided under subsection (3), (4), (5), (6), or (7) of this section, and as provided in WAC 220-640-020.
(3) Scientific research or display: The director may authorize, by written approval, a person to import into the state, hold, possess, and propagate live specimens of deleterious exotic wildlife for scientific research or for display by zoos or aquariums who are accredited institutional members of the Association of Zoos and Aquariums (AZA), provided:
(a) The specimens are confined to a secure facility;
(b) The specimens will not be transferred to any other location within the state, except to other AZA-accredited facilities with written director approval or as otherwise authorized in writing by the director;
(c) The specimens will be euthanized and all parts incinerated at the end of the project, except for federally listed endangered or threatened species, which may be retained or transferred where in compliance with federal law;
(d) The person will keep such records on the specimens and make such reports as the director may require; and
(e) The person complies with other requirements of this section.
(4) Retention or disposal of existing specimens lawfully in captivity:
(a) Specimens lawfully in captivity prior to January 18, 1991: A person holding exotic wildlife specimens in captivity that were classified by the fish and wildlife commission as deleterious exotic wildlife on or before January 18, 1991, may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to January 18, 1991, provided such person complies with subsections (4)(c) through (4)(h) hereunder and the other requirements of this section;
(b) Specimens lawfully in captivity prior to June 20, 1992: A person holding the following deleterious exotic wildlife specimens in captivity that were classified by the fish and wildlife commission as deleterious exotic wildlife by operation of emergency rule filed June 19, 1992 (in the family Bovidae, Sassabies (all members of the Genus Damaliscus), Hartebeest (Alcelaphus buselaphus), Wildebeests (all members of the Genus Connochaetes), Markhor (Capra falconeri), and Marcopolo sheep (Ovis ammon); and in the family Cervidae, Fallow deer (Dama dama), Axis deer (Axis axis), Sika deer (Cervus Nippon), and Rusa deer or Sambar deer (Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to June 20, 1992, and the lawful progeny thereof, provided such person complies with subsection (4)(c) through (h) of this section and the other requirements of this section and except as provided under subsection (7) of this section;
(c) The person reported to the director, in writing, the species, number, and location of the specimens, as required;
(d) The specimens are confined to a secure facility at the location reported;
(e) Live specimens are not propagated, except at AZA-accredited facilities with the written permission of the director or as otherwise authorized in writing by the director;
(f) Live specimens shall be neutered, physically separated by sex, and/or rendered infertile by means of contraception, except at AZA-accredited facilities with the written permission of the director;
(g) Live specimens are not released; and
(h) Live specimens are not sold or transferred, except:
(i) Live specimens in lawful possession may be permanently removed from the state of Washington or transported directly to slaughter where in accordance with other applicable law;
(ii) Federally listed endangered or threatened species may be transferred to AZA-accredited facilities where in compliance with federal law;
(iii) Live specimens may be moved to the new primary residence of the possessor with the written approval of the director, provided that all other requirements are satisfied and the total number of locations where animals are held is not increased; and
(iv) AZA facilities may sell and/or transfer live specimens within the state with the written permission of the director.
(5) Retention or disposal of existing specimens lawfully in captivity prior to February 13, 1993: A person holding exotic wildlife specimens in captivity that are newly classified by the fish and wildlife commission as deleterious exotic wildlife by operation of this rule (Reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou), and Roedeer (all members of the Genus Capreolus)), may retain the specimens of such deleterious exotic wildlife such person lawfully possessed prior to February 13, 1993, provided:
(a) The person reports to the director in writing by March 31, 1993, and reports annually thereafter, or as otherwise required by the director, the species, number, and location of such specimens; and
(b) The person complies with subsection (4)(d) through (h) of this section and the other requirements of this section.
(6) The provisions of this section shall not prohibit the importation, possession, propagation, sale, transfer, or release of live specimens of federally listed threatened or endangered species, their gametes and/or embryo, where in compliance with federal law.
(7) Notwithstanding the provisions of subsection (2) of this section, Fallow deer (Dama dama) and reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou) may be imported into the state, held, possessed, propagated, offered for sale, sold, and/or transferred, provided:
(a) The person complies with subsection (4)(c) through (g) of this section and the other requirements of this section, except for subsection (4)(e), (f), and (h) of this section; and
(b) The person complies with the department of agriculture WAC 16-54-180 as now or hereafter amended, except:
Animals that have resided at any time east of a line drawn through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and the 100th Meridian where it passes through Texas, or that have had contact with or shared common ground with animals which have resided at any time east of such line, shall not be imported into the state of Washington unless specifically authorized in writing by the director of the department of agriculture and the department of fish and wildlife;
(c) No specimens affected with any infectious or communicable disease shall be imported into the state unless in compliance with all applicable laws and regulations and unless written permission is obtained from the directors of the department of agriculture and the department of fish and wildlife;
(d) The specimens are confined to a secure facility; and
(e) Reindeer may not be imported into, held, or possessed in Ferry, Stevens, or Pend Oreille counties or that portion of Spokane County north of Spokane River.
(8) Escaped animals:
(a) Escaped deleterious exotic wildlife, including Fallow deer (Dama dama) and Reindeer (all members of the Genus Rangifer, except Rangifer tarandus caribou) will be considered a public nuisance. The department or any peace officer may seize, capture, or destroy deleterious exotic wildlife that have escaped the possessor's control. The former possessor shall be responsible for costs incurred by the department in recovering, maintaining, or disposing of such animals, as well as any damage to the state's wildlife or habitat.
(b) Escapes of deleterious exotic wildlife must be reported immediately to the department.
(c) The recapture or death of escaped deleterious exotic wildlife must be reported immediately to the department.
(9) Secure facility:
(a) All deleterious exotic wildlife will be held in a secure facility. For the purpose of this rule, a secure facility is an enclosure so constructed as to prevent danger to the environment or wildlife of the state, including escape of deleterious exotic wildlife specimens or ingress of resident wildlife ungulates (hoofed animals). The adequacy of the facility shall be determined by the director or agents of the director.
(b) For deleterious exotic wildlife listed in subsection (1)(b)(iv) and (v) of this section, the "secure facility" must comply with the fencing requirements in subsection (10) of this section, unless otherwise authorized by the director in writing.
(10) Fencing requirements:
(a) Perimeter fences must be, at a minimum, eight feet above ground level for their entire length. The bottom six feet must be mesh of sufficient size to prevent resident wildlife ungulates (hoofed animals) from entering and deleterious exotic wildlife from escaping. Supplemental wire required to attain a height of eight feet may be smooth, barbed, or woven wire (at least 12-1/2 gauge) with strands spaced not more than six inches apart.
(b) Perimeter fences constructed of high tensile wire must be supported by a post or stay at minimum intervals of eight feet.
(c) Perimeter fences must be at least 12-1/2 gauge woven wire, 14-1/2 gauge high-tensile woven wire, chain link, nonclimbable woven fence, or other fence approved by the director.
If the wire used is not a full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable.
(d) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.
(e) All gates in the perimeter fences must be self-closing, equipped with two locking devices, and installed only in locations that have been approved by the director. Double gates may be required at points in the perimeter fences subject to frequent vehicle traffic that is not related to activities involving the holding of deleterious exotic wildlife.
(f) Posts used in the perimeter fences must be:
(i) Wood (pressure treated), five-inch minimum diameter or an equivalent as approved by the director;
(ii) Spaced no more than twenty-four feet apart with stays or supports at eight foot intervals between the posts;
(iii) Extended at least eight feet above ground level; and
(iv) Have corners braced with wood or with an equivalent material as approved by the director.
(g) Fences must be maintained at all times to prevent deleterious exotic wildlife from escaping or resident wildlife ungulates (hoofed animals) from entering the enclosure. If such animals do pass through, under, or over the fence because of any topographic feature or other conditions, the person possessing deleterious exotic wildlife must immediately supplement the fence to prevent continued passage.
(h) For any fence existing prior to February 13, 1993, a person may petition the director in writing for a variance from the above fencing requirements. Any such petition must be filed no later than May 31, 1993, and must identify all aspects in which the existing fence does not meet the fencing requirements contained herein. On approval of the director, such person may maintain such existing fence with normal repair. However, any extension or relocation of existing fence must meet the fencing requirements contained herein.
(11) Marking requirements:
(a) All live specimens of deleterious exotic wildlife, except those listed in subsection (1)(a) and (b) of this section, shall be permanently and individually identified by methods approved by the director.
(b) Identification assigned to an individual animal may not be transferred to any other animal.
(c) All specimens of deleterious exotic wildlife identified in subsection (1)(b)(iv) and (v) of this section must be individually identified by the methods specified below:
(i) All live specimens of such deleterious exotic wildlife shall be marked with USDA Official ear tags or with ear tags supplied or approved by the department. Tags shall be applied in sequential order; and
(ii) All live specimens of such deleterious exotic wildlife shall be marked with a tattoo with an identifying number that has been recorded with the director. The tattoo must be placed on the left ear of the animal.
(d) All lawful progeny of deleterious exotic wildlife must be tagged and tattooed by December 31 of the year of birth or upon leaving the holding facility, whichever is earlier.
(e) Where allowed, if an animal is sold or transferred within the state, the tag and tattoo must accompany the animal. The new owner or possessor shall not renumber the animal.
(f) Where allowed, live specimens of deleterious exotic wildlife shall be marked prior to importation.
(g) No unmarked deleterious exotic wildlife may be sold or otherwise transferred from the holding facility.
(12) Testing of specimens:
(a) Where allowed, prior to entry into the state of Washington, a person importing any member of the Genus Cervus, which is identified in subsection (1)(b)(v) of this section herein, must submit records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington). Such testing shall be at the possessor's expense. Animals that are deemed by department of wildlife biologists upon examination to exhibit either: Behavioral (vocalization), morphological (size, rump patch, color), or biochemical indications of such influence (hemoglobin, superoxide dismutase, transferrin and post-transferrin, or others to be developed) may not be imported.
(b) The director may require a person currently possessing any member of the Genus Cervus that are identified in subsection (1)(b)(v) of this section to submit records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence (genetic material from any member of any subspecies, race, or species of the elk-red deer-wapiti complex Cervus elaphus not indigenous to the state of Washington) for each individual cervid to the department. Such testing shall be at the possessor's expense. The director may require that any animal identified as a red deer or having nonindigenous genetic influence be destroyed, removed from the state, or neutered.
(c) The director may require that all specimens of deleterious exotic wildlife lawfully in captivity be tested for brucellosis (brucella abortus), tuberculosis (mycobacterium bovis and mycobacterium tuberculosis), meningeal worm (Paralophostrongylus tenuis), and muscle worm (Elaphostrongylus cervis) in accordance with the procedures specified in department of agriculture WAC 16-54-180 as now or hereafter amended and/or for other disease or parasites determined to pose a risk to wildlife. The results of such tests shall be filed with the director as required.
(13) Reporting:
(a) A person holding deleterious exotic wildlife in captivity shall submit a completed report no later than March 30, 1993, and then no later than January 31 of each year, or as otherwise required by the director, on a form provided by the department.
(b) Persons possessing deleterious exotic wildlife must notify the director within ten days of any change of such persons' address and/or location of the holding facility.
(14) Inspection:
(a) All holding facilities for deleterious exotic wildlife located in the state are subject to inspection for compliance with the provisions of this section.
(b) Such inspections shall be conducted at reasonable times.
(15) Notification and disposition of diseased animals:
(a) Any person who has reason to believe that deleterious exotic wildlife being held pursuant to this rule have or have been exposed to a dangerous or communicable disease or parasite shall notify the department immediately.
(b) Upon having reason to believe that deleterious exotic wildlife held pursuant to this rule have been exposed to or contracted a dangerous or contagious disease or parasite, the director may order inspection of such animals by a licensed, accredited veterinarian or inspection agent. Inspection shall be at the expense of the possessor.
(c) The director shall determine when destruction of animals, quarantine, or disinfection is required at any facility holding deleterious exotic wildlife, pursuant to this rule. If the director determines that destruction, quarantine, or disinfection is required, a written order shall be issued to the possessor describing the procedure to be followed and the time period for carrying out such actions. Such activities shall be at the expense of the possessor.
(16) Quarantine area:
(a) Any facility holding deleterious exotic wildlife must have an approved quarantine facility within its exterior boundary or submit an action plan to the director that guarantees access to an approved quarantine facility within the state of Washington.
(i) An approved quarantine facility is one that meets criteria set by the Washington state department of agriculture.
(ii) The quarantine area must meet the tests of isolation, separate feed and water, escape security, and allowances for the humane holding and care of its occupants for extended periods of time.
(b) Should the imposition of a quarantine become necessary, the possessor must provide an on-site quarantine facility or make arrangements at such possessor's expense to transport the animals to the approved quarantine facility named in the quarantine action plan.
(17) Seizure:
(a) The department of wildlife may seize any unlawfully possessed deleterious exotic wildlife.
(b) The cost of any seizure and/or holding of deleterious exotic wildlife may be charged to the possessor of such animals.)) The following species are classified as prohibited level 1 aquatic animal species:
(1) Molluscs: Family Dreissenidae: Zebra mussels: All members of the genus Dreissena and all species known as quagga.
(2) Crustaceans:
(a) Family Grapsidae: Mitten crabs: All members of the genus Erochier.
(b) Family Portunidae: European green crab, Carcinus maenas.
(3) Fish:
(a) Family Channidae: China fish, snakeheads: All members of the genus Channa.
(b) Family Clarriidae: All members of the walking catfish family.
(c) Family Cyprinidae:
(i) Carp, Bighead, Hypopthalmichthys nobilis.
(ii) Carp, Black, Mylopharyngodon piceus.
(iii) Carp, Silver, Hypopthalmichthys molitrix.
(iv) Carp, Largescale Silver, Hypopthalmichthys harmandi.
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-640-040 ((Classification—Nonnative)) Prohibited level 2 aquatic animal species.
(((1) Prohibited aquatic animal species. The following species are classified as prohibited aquatic animal species:
(a) Amphibians:
(i) In the family Hylidae: Cricket frog, in the genus Hyla species in the group Arborea including: Hyla annectans, Hyla arborea, Hyla chinensis, Hyla hallowellii, Hyla immaculata, Hyla japonica, Hyla meridionalis, Hyla sanchiangensis, Hyla simplex, Hyla suweonensis, Hyla tsinlingensis, Hyla ussuriensis, and Hyla zhaopingensis.
(ii) In the family Pelobatidae, spadefoots, all species of the genus Pelobates including P. cultripes, P. fuscus, P. syriacus, and P. varaldii. All species of the genus Scaphiopus including: S. couchii, S. holbrookii, and S. hurterii. All species of the genus Spea including: S. hurterii, S. bombifrons, S. hammondii, and S. multiplicata with the exception of the native species: Spea intermontana the great basin spadefoot.
(iii) In the family Pipidae: African clawed frog, all members of the genera Silurana, and Xenopus.
(iv) In the family Ranidae:
(A) Bull frog, Rana catesbeiana.
(B) Holoarctic brown frogs and Palearctic green frogs of the genus Rana, including the following: Rana arvalis group (R. arvalis, R. chaochiaoensis, R. chevronta); Rana chensinensis group (R. altaica, R. chensinensis, R. dybowskii, R. kukunoris, R. kunyuensis, R. ornativentris, R. pirica); Rana graeca group (R. graeca, R. italica); Rana japonica group (R. amurensis, R. aragonensis, R. japonica, R. omeimontis, R. zhenhaiensis); the subgenus Rugosa (Rana rugosa, Rana emeljanovi, Rana tientaiensis); Rana tagoi group (R. sakuraii, R. tagoi); Rana temporaria group (R. asiatica, R. dalmatina, R. honnorate, R. huanrenensis, R. iberica, R. latastei, R. macrocnemis, R. okinavana, R. pyrenaica, R. tsushimensis, R. zhengi); and in the Rana Pelophylax section, the subgenus Pelophylax (R. bedriagae, R. bergeri, R. cerigensis, R. chosenica, R. cretensis, R. demarchii, R. epeirotica, R. fukienensis, R. grafti, R. hubeiensis, R. lateralis, R. lessonae, R. nigrolineata, R. nigromaculata, R. perezi, R. plancyi, R. porosa, R. ridibunda, R. saharica, R. shqiperica, R. shuchinae, R. terentievi, R. tenggerensis); and the Rana ridibunda-Rana lessonae hybridogenetic complex species R. esculenta and R. hispanica.
(v) In the family Ambystomatidae: Mole salamanders. In the genus Ambystomata: A. californiense, A. laterale, A. opacum, A. rosaceum, A. tigrinum, except for the native species A. tigrinum mavortium Western tiger salamander, and A. tigrinum melanostictum Tiger salamander.
(vi) In the family Amphiumidae one, two, and three toed salamanders or congo eels: All members of the genus Amphiuma.
(vii) In the family Cryptobranchidae: Giant salamanders and hellbenders, all members of the genera Andrias and Cryptobranchus.
(viii) In the family Dicamptodontidae, American giant salamanders, all members of the genus Dicamptodon, except for the native species: Dicamptodon tenebrosus, Pacific giant salamander, and Dicamptodon copei, Cope's giant salamander.
(ix) In the family Hynobiidae: Mountain salamanders, all members of the genera Batrachuperus, Hynobius, Liua, Onychodactylus, Pachyhynobius, Pseudohynobius, Ranodon, and Salamandrella.
(x) In the family Plethodontidae, subfamily Desmognathinae: All members of the genus Desmognathus, dusky salamander.
(xi) In the family Plethodontidae, subfamily Plethodontinae: All members of the genera Aneides (climbing salamanders); Batrachoseps (slender salamanders); Eurycea (American brook salamanders); Gyrinophilus (cave salamanders); Hemidactylium (four-toed salamanders); Hydromantes (web-toed salamanders); Plethodon (woodland and slimy salamanders); Pseudotriton (mud or red salamanders), and Speleomantes (European salamanders).
(xii) In the family Proteidae, mudpuppies, all members of the genus Necturus and Proteus.
(xiii) In the family Salamandridae: Newts, all members of the genera Chioglossa; Eichinotriton (mountain newts); Euproctus (European mt. salamander); Neurergus (Kurdistan newts); Notophthalmus (red-spotted newts); Pachytriton (Chinese newts); Paramesotriton (warty newts); Salamandrina (speckled salamander); Taricha except for the native species Taricha granulosa granulosa the Northern rough-skinned newt, and Triturus (alpine newts).
(xiv) In the family Sirenidae, sirens, all species of the genera Pseudobranchus and Siren.
(b) Reptiles:
(i) In the family Chelydridae, snapping turtles, all species.
(ii) In the family Emydidae:
(A) Chinese pond turtles, all members of the genus Chinemys.
(B) Pond turtles, all members of the genus Clemmys.
(C) European pond turtle, Emys orbicularis.
(D) Asian pond turtle, all members of the genus Mauremys.
(iii) In the family Trionychidae, American soft shell turtles, all members of the genus Apalone.
(c) Crustaceans:
(i) Family Cercopagidae:
(A) Fish hook water flea, Cercopagis pengoi.
(B) Spiny water flea, Bythotrephes cederstroemi.
(ii) Family Grapsidae: Mitten crabs: All members of the genus Erochier.
(iii) Family Cambaridae: Crayfish: All genera, except a person may possess and transport dead prohibited crayfish species obtained under the department's recreational crayfishing rules (WAC 220-330-090 and 220-330-100). There is no daily limit, size limit, or sex restriction for prohibited crayfish species. All nonnative crayfish must be kept in a separate container from native crayfish. Release of any live crayfish species into waters other than the water being fished is prohibited.
(iv) Family Parastacidae: Crayfish: All genera except Engaeos, and except the species Cherax quadricarinatus, Cherax papuanus, and Cherax tenuimanus.
(v) Family Portunidae: European green crab, Carcinus maenas.
(vi) Family Spheromatidae: Burrowing isopod, Sphaeroma quoyanum.
(d) Fish:
(i) Family Amiidae: Bowfin, grinnel, or mudfish, Amia calva.
(ii) Family Channidae: China fish, snakeheads: All members of the genus Channa.
(iii) Family Characidae: Piranha or caribe: All members of the genera Pygocentrus, Rooseveltiella, and Serrasalmus.
(iv) Family Clariidae: Walking catfish: All members of the family.
(v) Family Cyprinidae:
(A) Fathead minnow, Pimephales promelas.
(B) Carp, Bighead, Hypopthalmichthys nobilis.
(C) Carp, Black, Mylopharyngodon piceus.
(D) Carp, Grass (in the diploid form), Ctenopharyngodon idella.
(E) Carp, Silver, Hypopthalmichthys molitrix.
(F) Ide, silver orfe or golden orfe, Leuciscus idus.
(G) Rudd, Scardinius erythropthalmus.
(vi) Family Gobiidae: Round goby, Neogobius melanostomus.
(vii) Family Esocidae: Northern pike, Esox lucius: A person may possess and transport dead prohibited Northern pike obtained under the department's recreational sport fishing rules (WAC 220-300-160 and 220-310-110). There is no minimum size, no daily limit, and no possession limit. Release of any live Northern pike into water other than the water being fished is prohibited.
(viii) Family Lepisosteidae: Gar-pikes: All members of the family.
(e) Mammals:
Family Myocastoridae: Nutria, Myocastor coypu.
(f) Molluscs:
(i) Family Dreissenidae: Zebra mussels: All members of the genus Dreissena and all species known as quagga.
(ii) Family Gastropoda: New Zealand mud snail, Potamopyrgus antipodarum.
(2) Regulated aquatic animal species. The following species are classified as regulated aquatic animal species:
(a) Crustaceans:
All nonnative crustaceans classified as shellfish.
(b) Fish:
(i) All nonnative fish classified as food fish and game fish.
(ii) Family Cichlidae: Tilapia: All members of the genera Tilapia, Oneochromis, and Sartheradon.
(iii) Family Clupeidae: Alewife, Alosa pseudoharengus.
(iv) Family Cyprinidae:
(A) Common carp, koi, Cyprinus carpio.
(B) Goldfish, Carassius auratus.
(C) Tench, Tinca tinca.
(D) Grass carp (in the triploid form), Ctenopharyngodon idella.
(v) Family Poeciliidae: Mosquito fish, Gambusia affinis.
(c) Molluscs:
(i) All nonnative molluscs classified as shellfish.
(ii) Family Psammobiidae: Mahogany clam or purple varnish clam, Nuttalia obscurata.
(3) Unregulated aquatic animal species.)) The following ((species)) are classified as ((unregulated)) prohibited level 2 aquatic animal species: None.
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-640-050 ((Request for classification of nonnative)) Prohibited level 3 aquatic animal species.
((Any person requesting classification of a nonnative aquatic animal species as a food fish, game fish, or shellfish must follow the procedure for request for designation prior to approval for release in WAC 220-640-010(1).)) The following species are classified as prohibited level 3 aquatic animal species:
(1) Amphibians:
(a) In the family Hylidae: Cricket frog, in the genus Hyla species in the group Arborea including: Hyla annectans, Hyla arborea, Hyla chinensis, Hyla hallowellii, Hyla immaculata, Hyla japonica, Hyla meridionalis, Hyla sanchiangensis, Hyla simplex, Hyla suweonensis, Hyla tsinlingensis, and Hyla zhaopingensis.
(b) In the family Pelobatidae, spadefoots, all species of the genus Pelobates including P. cultripes, P. fuscus, P. syriacus, and P. varaldii. All species of the genus Scaphiopus including: S. couchii, S. holbrookii, and S. hurterii. All species of the genus Spea including: S. bombifrons, S. hammondii, and S. multiplicata with the exception of the native species: Spea intermontana the great basin spadefoot.
(c) In the family Pipidae: African clawed frog, all members of the genera Silurana, and Xenopus.
(d) In the family Ranidae:
(i) American Bull frog, Rana (Lithobates) catesbeiana.
(ii) Holoarctic brown frogs and Palearctic green frogs of the genus Rana, including the following: Rana arvalis group (R. arvalis, R. chaochiaoensis, R. chevronta); Rana chensinensis group (R. altaica, R. chensinensis, R. dybowskii, R. kukunoris, R. kunyuensis, R. ornativentris, R. pirica); Rana graeca group (R. graeca, R. italica); Rana japonica group (R. amurensis, R. aragonensis, R. japonica, R. omeimontis, R. zhenhaiensis); the subgenus Rugosa (Rana rugosa, Rana emeljanovi, Rana tientaiensis); Rana tagoi group (R. sakuraii, R. tagoi); Rana temporaria group (R. asiatica, R. dalmatina, R. honnorate, R. huanrenensis, R. iberica, R. latastei, R. macrocnemis, R. okinavana, R. pyrenaica, R. tsushimensis, R. zhengi); and in the Rana Pelophylax section, the subgenus Pelophylax (R. bedriagae, R. bergeri, R. cerigensis, R. chosenica, R. cretensis, R. demarchii, R. epeirotica, R. fukienensis, R. grafti, R. hubeiensis, R. lateralis, R. lessonae, R. nigrolineata, R. nigromaculata, R. perezi, R. plancyi, R. porosa, R. ridibunda, R. saharica, R. shqiperica, R. shuchinae, R. terentievi, R. tenggerensis); and the Rana ridibunda-Rana lessonae hybridogenetic complex species R. esculenta and R. hispanica.
(e) In the family Ambystomatidae: Mole salamanders. In the genus Ambystomata: A. californiense, A. laterale, A. opacum, A. rosaceum, A. tigrinum, except for the native species A. tigrinum mavortium Western tiger salamander, and A. tigrinum melanostictum Tiger salamander.
(f) In the family Amphiumidae one, two, and three toed salamanders or congo eels: All members of the genus Amphiuma.
(g) In the family Cryptobranchidae: Giant salamanders and hellbenders, all members of the genera Andrias and Cryptobranchus.
(h) In the family Dicamptodontidae, American giant salamanders, all members of the genus Dicamptodon, except for the native species: Dicamptodon tenebrosus, Pacific giant salamander, and Dicamptodon copei, Cope's giant salamander.
(i) In the family Hynobiidae: Mountain salamanders, all members of the genera Batrachuperus, Hynobius, Liua, Onychodactylus, Pachyhynobius, Pseudohynobius, Ranodon, and Salamandrella.
(j) In the family Plethodontidae, subfamily Desmognathinae: All members of the genus Desmognathus, dusky salamander.
(k) In the family Plethodontidae, subfamily Plethodontinae: All members of the genera Eurycea (American brook salamanders); Gyrinophilus (cave salamanders); Hemidactylium (four-toed salamanders); Hydromantes and Pseudotriton (mud or red salamanders).
(l) In the family Proteidae, mudpuppies, all members of the genus Necturus and Proteus.
(m) In the family Salamandridae: Newts, all members of the genera Chioglossa; Eichinotriton (mountain newts); Euproctus (European mt. salamander); Neurergus (Kurdistan newts); Notophthalmus (red-spotted newts); Pachytriton (Chinese newts); Paramesotriton (warty newts); Salamandrina (speckled salamander); Taricha except for the native species Taricha granulosa granulosa the Northern rough-skin newt, and Ichthyosaura and Triturus (alpine newts).
(n) In the family Sirenidae, sirens, all species of the genera Pseudobranchus and Siren.
(2) Reptiles:
(a) In the family Chelydridae, snapping turtles, all species.
(b) In the family Emydidae:
(i) Chinese pond turtles, all members of the genus Chinemys.
(ii) Pond turtles, all members of the genus Clemmys.
(iii) European pond turtle, Emys orbicularis.
(iv) Asian pond turtle, all members of the genus Mauremys.
(c) In the family Trionychidae, American soft shell turtles, all members of the genus Apalone.
(3) Crustaceans:
(a) Family Cercopagidae:
(i) Fish hook water flea, Cercopagis pengoi.
(ii) Spiny water flea, Bythotrephes cederstroemi.
(b) Family Cambaridae: Crayfish: All genera, except a person may possess and transport dead prohibited crayfish species obtained under the department's recreational crayfishing rules (WAC 220-56-336 (repealed) and 220-56-315 (repealed)). There is no daily limit, size limit, or sex restriction for prohibited crayfish species. All nonnative crayfish must be kept in a separate container from native crayfish. Release of any live crayfish species into waters other than the water being fished is prohibited.
(c) Family Parastacidae: Crayfish: All genera except Engaeos, and except the species Cherax quadricarinatus, Cherax papuanus, and Cherax tenuimanus.
(d) Family Spheromatidae: Burrowing isopod, Sphaeroma quoyanum.
(4) Fish:
(a) Family Amiidae: Bowfin, grinnel, or mudfish, Amia calva.
(b) Family Characidae: Piranha or caribe: All members of the genera Pygocentrus, Rooseveltiella, and Serrasalmus.
(c) Family Clariidae: Walking catfish: All members of the family.
(d) Family Cyprinidae:
(i) Fathead minnow, Pimephales promelas.
(ii) Carp, Grass (in the diploid form), Ctenopharyngodon idella.
(iii) Ide, silver orfe or golden orfe, Leuciscus idus.
(iv) Rudd, Scardinius erythropthalmus.
(e) Family Gobiidae: Round goby, Neogobius melanostomus.
(f) Family Esocidae: Northern pike, Esox lucius: A person may possess and transport dead prohibited Northern pike obtained under the department's recreational sport fishing rules (WAC 220-56-100 (repealed) and 220-56-115 (repealed)). There is no minimum size, no daily limit, and no possession limit. Release of any live Northern pike into water other than the water being fished is prohibited.
(g) Family Lepisosteidae: Gar-pikes: All members of the family.
(5) Mammals: Family Myocastoridae: Nutria, Myocastor coypu.
(6) Molluscs: Family Gastropoda: New Zealand mud snail, Potamopyrgus antipodarum.
NEW SECTION
WAC 220-640-060 Prohibited level 3 aquatic animal species.
The following species are classified as prohibited level 3 aquatic animal species:
(1) Amphibians:
(a) In the family Hylidae: Cricket frog, in the genus Hyla species in the group Arborea including: Hyla annectans, Hyla arborea, Hyla chinensis, Hyla hallowellii, Hyla immaculata, Hyla japonica, Hyla meridionalis, Hyla sanchiangensis, Hyla simplex, Hyla suweonensis, Hyla tsinlingensis, and Hyla zhaopingensis.
(b) In the family Pelobatidae, spadefoots, all species of the genus Pelobates including P. cultripes, P. fuscus, P. syriacus, and P. varaldii. All species of the genus Scaphiopus including: S. couchii, S. holbrookii, and S. hurterii. All species of the genus Spea including: S. bombifrons, S. hammondii, and S. multiplicata with the exception of the native species: Spea intermontana the great basin spadefoot.
(c) In the family Pipidae: African clawed frog, all members of the genera Silurana, and Xenopus.
(d) In the family Ranidae:
(i) American Bull frog, Rana (Lithobates) catesbeiana.
(ii) Holoarctic brown frogs and Palearctic green frogs of the genus Rana, including the following: Rana arvalis group (R. arvalis, R. chaochiaoensis, R. chevronta); Rana chensinensis group (R. altaica, R. chensinensis, R. dybowskii, R. kukunoris, R. kunyuensis, R. ornativentris, R. pirica); Rana graeca group (R. graeca, R. italica); Rana japonica group (R. amurensis, R. aragonensis, R. japonica, R. omeimontis, R. zhenhaiensis); the subgenus Rugosa (Rana rugosa, Rana emeljanovi, Rana tientaiensis); Rana tagoi group (R. sakuraii, R. tagoi); Rana temporaria group (R. asiatica, R. dalmatina, R. honnorate, R. huanrenensis, R. iberica, R. latastei, R. macrocnemis, R. okinavana, R. pyrenaica, R. tsushimensis, R. zhengi); and in the Rana Pelophylax section, the subgenus Pelophylax (R. bedriagae, R. bergeri, R. cerigensis, R. chosenica, R. cretensis, R. demarchii, R. epeirotica, R. fukienensis, R. grafti, R. hubeiensis, R. lateralis, R. lessonae, R. nigrolineata, R. nigromaculata, R. perezi, R. plancyi, R. porosa, R. ridibunda, R. saharica, R. shqiperica, R. shuchinae, R. terentievi, R. tenggerensis); and the Rana ridibunda-Rana lessonae hybridogenetic complex species R. esculenta and R. hispanica.
(e) In the family Ambystomatidae: Mole salamanders. In the genus Ambystomata: A. californiense, A. laterale, A. opacum, A. rosaceum, A. tigrinum, except for the native species A. tigrinum mavortium Western tiger salamander, and A. tigrinum melanostictum Tiger salamander.
(f) In the family Amphiumidae one-, two-, and three-toed salamanders or congo eels: All members of the genus Amphiuma.
(g) In the family Cryptobranchidae: Giant salamanders and hellbenders, all members of the genera Andrias and Cryptobranchus.
(h) In the family Dicamptodontidae, American giant salamanders, all members of the genus Dicamptodon, except for the native species: Dicamptodon tenebrosus, Pacific giant salamander, and Dicamptodon copei, Cope's giant salamander.
(i) In the family Hynobiidae: Mountain salamanders, all members of the genera Batrachuperus, Hynobius, Liua, Onychodactylus, Pachyhynobius, Pseudohynobius, Ranodon, and Salamandrella.
(j) In the family Plethodontidae, subfamily Desmognathinae: All members of the genus Desmognathus, dusky salamander.
(k) In the family Plethodontidae, subfamily Plethodontinae: All members of the genera Eurycea (American brook salamanders); Gyrinophilus (cave salamanders); Hemidactylium (four-toed salamanders); Hydromantes and Pseudotriton (mud or red salamanders).
(l) In the family Proteidae, mudpuppies, all members of the genus Necturus and Proteus.
(m) In the family Salamandridae: Newts, all members of the genera Chioglossa; Eichinotriton (mountain newts); Euproctus (European mt. salamander); Neurergus (Kurdistan newts); Notophthalmus (red-spotted newts); Pachytriton (Chinese newts); Paramesotriton (warty newts); Salamandrina (speckled salamander); Taricha except for the native species Taricha granulosa granulosa the Northern rough-skin newt, and Ichthyosaura and Triturus (alpine newts).
(n) In the family Sirenidae, sirens, all species of the genera Pseudobranchus and Siren.
(2) Reptiles:
(a) In the family Chelydridae, snapping turtles, all species.
(b) In the family Emydidae:
(i) Chinese pond turtles, all members of the genus Chinemys.
(ii) Pond turtles, all members of the genus Clemmys.
(iii) European pond turtle, Emys orbicularis.
(iv) Asian pond turtle, all members of the genus Mauremys.
(c) In the family Trionychidae, American soft shell turtles, all members of the genus Apalone.
(3) Crustaceans:
(a) Family Cercopagidae:
(i) Fish hook water flea, Cercopagis pengoi.
(ii) Spiny water flea, Bythotrephes cederstroemi.
(b) Family Cambaridae: Crayfish: All genera, except a person may possess and transport dead prohibited crayfish species obtained under the department's recreational crayfishing rules (WAC 220-56-336 (repealed) and 220-56-315 (repealed)). There is no daily limit, size limit, or sex restriction for prohibited crayfish species. All nonnative crayfish must be kept in a separate container from native crayfish. Release of any live crayfish species into waters other than the water being fished is prohibited.
(c) Family Parastacidae: Crayfish: All genera except Engaeos, and except the species Cherax quadricarinatus, Cherax papuanus, and Cherax tenuimanus.
(d) Family Spheromatidae: Burrowing isopod, Sphaeroma quoyanum.
(4) Fish:
(a) Family Amiidae: Bowfin, grinnel, or mudfish, Amia calva.
(b) Family Characidae: Piranha or caribe: All members of the genera Pygocentrus, Rooseveltiella, and Serrasalmus.
(c) Family Clariidae: Walking catfish: All members of the family.
(d) Family Cyprinidae:
(i) Fathead minnow, Pimephales promelas.
(ii) Carp, Grass (in the diploid form), Ctenopharyngodon idella.
(iii) Ide, silver orfe or golden orfe, Leuciscus idus.
(iv) Rudd, Scardinius erythropthalmus.
(e) Family Gobiidae: Round goby, Neogobius melanostomus.
(f) Family Esocidae: Northern pike, Esox lucius: A person may possess and transport dead prohibited Northern pike obtained under the department's recreational sport fishing rules (WAC 220-56-100 (repealed) and 220-56-115 (repealed)). There is no minimum size, no daily limit, and no possession limit. Release of any live Northern pike into water other than the water being fished is prohibited.
(g) Family Lepisosteidae: Gar-pikes: All members of the family.
(5) Mammals: Family Myocastoridae: Nutria, Myocastor coypu.
(6) Molluscs: Family Gastropoda: New Zealand mud snail, Potamopyrgus antipodarum.
NEW SECTION
WAC 220-640-070 Regulated Type A aquatic animal species.
The following species are classified as regulated Type A aquatic animal species:
(1) Fish:
(a) All fish classified as food fish under WAC 220-300-370 and game fish WAC 220-300-380.
(b) Family Cichlidae: Tilapia: All members of the genera Tilapia, Oneochromis, and Sartheradon.
(c) Family Clupeidae: Alewife, Alosa pseudoharengus.
(d) Family Cyprinidae:
(i) Common carp, koi, Cyprinus carpio.
(ii) Goldfish, Carassius auratus.
(iii) Tench, Tinca tinca.
(iv) Grass carp (in the triploid form), Ctenopharyngodon idella.
(e) Family Poeciliidae: Mosquito fish, Gambusia affinis.
(2) Shellfish: All shellfish classified under WAC 220-320-010.
NEW SECTION
WAC 220-640-080 Regulated Type B aquatic animal species.
The following species are classified as regulated Type B aquatic animal species: None.
NEW SECTION
WAC 220-640-090 Regulated Type C aquatic animal species.
The following species are classified as regulated Type C aquatic animal species: None.
NEW SECTION
WAC 220-640-100 Scientific research/display permits and monitoring and control programs—Requirements for possession of prohibited aquatic animal species.
(1) Scientific research or display permit: The director may authorize, by prior written permit, a person to possess prohibited level 1, prohibited level 2, or prohibited level 3 species specimens for scientific research or display, provided that:
(a) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of the prohibited species to include all stages of species development and body parts;
(b) Facility is not a natural watercourse, and is also inaccessible to wildlife or other animals that could transport prohibited species to include all stages of species development and body parts;
(c) Specimens are not transferred to any other facility without written approval by the director or designee;
(d) All zebra and quagga mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are decontaminated. All other prohibited species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill; and
(e) The permittee must provide an annual report to the department, no later than January 31st of the following year, on a form provided by the department, describing the number, size, and location of prohibited species enclosures and general nature of the research.
(2) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy prohibited level 1, prohibited level 2, or prohibited level 3 species specimens provided that:
(a) The persons have completed a mandatory training program and are certified by the department;
(b) The persons have a permit authorized by the director or designee in possession;
(c) All prohibited species are disposed of in accordance with the monitoring and control program; and
(d) Participants must submit a report to the department within thirty days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.
NEW SECTION
WAC 220-640-110 Importation of live aquatic organisms—Required certification of "zebra/quagga mussel free."
(1) It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel (Dreissena polymorpha)/Quagga mussel (Dreissena rostriformis bugensis)-free certificate issued by the department and signed by the supplier of the aquatic organisms.
(2) The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra and quagga mussel-free certificate for two years.
(3) Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who the original receiver was.
NEW SECTION
WAC 220-640-120 Capture of prohibited aquatic animals in Washington waters—Requirements.
(1) Capture of prohibited species in state waters: Any Prohibited level 1, level 2, or prohibited level 3 species that are captured in state waters must be:
(a) Immediately killed and removed from within the riparian perimeter of the body of water; or
(b) Immediately returned to the water from which the species was captured.
(2) The riparian perimeter includes all boat launch, park, private residences, or commercial businesses within a quarter-mile from the edge of the state water.
(3) Any prohibited species captured (killed or released) must be reported to WDFW within forty-eight hours of the capture.
(4) It is lawful to possess the dead prohibited species taken from state waters as long as it has been reported to WDFW. No permit is required for possession under this section.
NEW SECTION
WAC 220-640-130 Allowable possession of prohibited aquatic animals if acquired prior to classification—Requirement of documentation.
A person who possessed a prohibited aquatic animal species prior to the time the species was classified as prohibited may continue to hold the animal or animals for the life of the animals, provided that:
(1) The person must maintain proof of possession prior to the classification.
(2) The animals may not be transferred to another owner within the state.
(3) The person must comply with all provisions of this section.
(4) The animals must be prevented from reproducing, or if prevention is impracticable, the progeny must be destroyed.
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