WSR 19-16-112
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed August 5, 2019, 8:39 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-12-041 on May 29, 2019.
Title of Rule and Other Identifying Information: WAC 220-417-040 Use of body-gripping traps—Special trapping permit required.
Hearing Location(s): On September 27, 2019, at 8:30 a.m., conference call. This meeting will take place by telephone conference call. The public may listen to the discussion. Please contact commission staff at 360-902-2267 or commission@dfw.wa.gov to obtain call-in information no later than 3 p.m. on September 26, 2019.
Date of Intended Adoption: September 27, 2019.
Submit Written Comments to: Wildlife Program, P.O. Box 43141, Olympia, WA 98504, email wildthing@dfw.wa.gov, fax 360-902-2162, https://www.surveymonkey.com/r/TDM2928, by August 8 through 29, 2019.
Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2346, TTY 360-902-2207, email dolores.noyes@dfw.wa.gov, by September 20, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 1917, as passed by the 2019 legislative session, amended RCW
77.15.194 to provide that an airport operator may obtain a special trapping permit once every three years, and must annually report the previous year's trapping activity to the department. This proposed rule change amends WAC 220-417-040 to reflect the same.
Reasons Supporting Proposal: Dictated by statute.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; and Enforcement: Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The rule proposal does not require a cost-benefit analysis.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
August 5, 2019
Jacalyn M. Hursey
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-417-040Use of body-gripping traps—Special trapping permit required.
(1) As used in this section, unless the context clearly requires otherwise, the following definitions apply:
(a)
"Airport operator" means any municipality as defined in RCW 14.08.010(2) or state agency which owns and/or operates an airport.(b) "Body-gripping trap" as defined by RCW
77.15.192 means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold or padded foot-hold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
(((b)))(c) "Conibear or Conibear-type trap" means any trap of various manufacturers having design and operational characteristics essentially the same as or like that developed by Frank Conibear and designed and set to grip and hold an animal's body across its main axis.
(((c)))(d) "Padded-jaw leghold" or "padded foot-hold trap" means a trap designed and set to grip the foot of an animal, both jaws of which are covered with rubber pads having a minimum thickness of one-eighth inch.
(((d)))(e) "Nonstrangling-type foot snare" means a cable or wire designed and set to encircle and hold an animal's foot or limb. Noose traps used in falconry are not considered nonstrangling-type foot snare traps because they are not designed to ultimately kill the bird but rather to ensure the bird's health and safety and cause no harm by using slip nooses which are constructed of monofilament nylon.
((
(e)))
(f) "Special trapping permit" means a permit issued to a person under the authority of RCW
77.15.194 and the provisions of this section to use certain body-gripping traps to abate an animal problem ((
for thirty days)).
(((f)))(g) "Permittee" means the person to whom a special trapping permit is granted.
(2) It is unlawful to trap wildlife using body-gripping traps without a special trapping permit issued by the department.
(3) It is unlawful to fail to comply with any conditions of a special trapping permit to trap.
(4) Persons issued a special trapping permit must submit a report of wildlife taken to the department within ten days after the permit expiration date or as defined on the permit.
(5) An airport operator that uses a padded foot, leghold, or any other body gripping trap for the protection of human and aviation security to secure an animal must obtain a special trapping permit from the director once every three years, and once each year, as conditioned on the permit, submit a report of wildlife taken to the department from the previous year's activities.
(6) It is unlawful to knowingly offer to sell, barter, or otherwise exchange the raw fur or carcass of a mammal that has been trapped pursuant to a special trapping permit.
(((6)))(7) A person seeking a special trapping permit shall complete and submit a department-provided application.
(((7)))(8) To conduct wildlife research, the applicant shall submit a scientific collection permit application as provided by the department.
(((8)))(9) One permit renewal may be requested by completing the justification and applicant certification on the report of animals taken.
(((9)))(10) The conditions of a special trapping permit shall be determined by the department and be annotated on the permit.
(((10)))(11) All parts of animals taken under a special trapping permit must be properly disposed of in a lawful manner. Raw fur may only be retained for personal use or education purposes which do not result in retail sale or commerce.
(((11)))(12) Any retention of raw fur obtained through the use of a special trapping permit requires a valid Washington state trapper's license unless the carcass is accompanied by a transfer authorization, as described in WAC 220-200-120, from a licensed trapper.
(((12)))(13) A copy of the permit shall be in the immediate possession of the person authorized to trap pursuant to a permit.
(((13)))(14) A special trapping permit may be denied when, in the judgment of the department:
(a) Other appropriate nonlethal methods to abate damage have not been utilized;
(b) The alleged animal problem either does not exist or the extent is insufficient to justify lethal removal;
(c) The use of the requested body-gripping trap(s) would result in direct or indirect harm to people or domestic animals;
(d) The use of the requested body-gripping trap(s) would conflict with federal or state law, local ordinance or department rule.
(e) The application is incomplete.
(((14)))(15) A special trapping permit may be revoked if the department determines:
(a) Information contained in the application was inaccurate or false;
(b) The permittee or person trapping under the permit fails to comply with any of the permit conditions; or
(c) The permittee or person trapping under the permit exceeds the number of animals authorized.
(d) Information becomes available that otherwise would have led to the denial of the original application or the inclusion of additional conditions in the permit.
(((15)))(16) If the department denies or revokes a special trapping permit the department will provide the applicant a written notice including a statement of the specific reason(s) for the denial or revocation.
(a) The applicant may request an appeal to contest the denial or revocation pursuant to chapter
34.05 RCW. The department must receive an appeal request in writing within twenty days from the mailing date of the notice of denial or revocation. Address appeals to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
(b) A notice contested by written appeal is final when that proceeding ends in a final order pursuant to chapter
34.05 RCW, or is otherwise dismissed.
(c) If there is no timely request for an appeal, then the department's denial or revocation of the permit is final and effective on the 21st calendar day following the mailing date of the notice of denial or revocation.