WSR 26-14-120 (26-14)

[Order 26-05—Filed July 1, 2026, 11:30 a.m.]

Preproposal statement of inquiry was filed as WSR 26-08-055 on March 26, 2026.

Title of Rule and Other Identifying Information: 2026 Deleterious wildlife and chronic wasting disease (CWD): Amending WAC 220-450-030 Live wildlife—Taking from the wild, importation, possession, transfer, and holding in captivity, 220-450-040 Live wildlife—Facility, fencing, and marking requirement, and 220-640-200 Deleterious exotic wildlife; and new WAC 220-640-210 Deleterious exotic captive cervid permits, 220-640-220 Deleterious exotic captive cervid permit modification, suspension, or revocation, 220-640-230 Deleterious exotic captive cervid importation requirements, 220-640-240 Animal identification requirements, 220-640-250 Deleterious exotic captive cervid fencing requirements, 220-640-260 Escaped deleterious exotic captive cervids and ingress of native wild cervids, 220-640-270 Disease and parasite testing requirements, 220-640-280 Herd inventory, reporting requirements, and annual inspection, 220-640-290 Notification and disposition of diseased animals, 220-640-300 Quarantine area, and 220-640-310 Seizure.

Hearing Location(s): On Thursday, August 6, 2026, at 3:30 p.m., virtual via Zoom at https://us06web.zoom.us/webinar/register/WN_M3i9XmnxS4-rjv0wJht7bQ, Webinar ID 897 9364 6042. Register to testify at the public hearing at https://engage.wdfw.wa.gov/2026deleteriousphsignup, email 2026deleriousphsignup@publicinput.com, or call 855-925-2801, project code 8175, with your name and contact information. Registration closes on August 5, 2026, by 3:30 p.m.

Date of Intended Adoption: On or after August 7, 2026.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email 2026deleteriouscr102@publicinput.com, fax 360-902-2162, https://engage.wdfw.wa.gov/2026deleteriouscr102 or call 1-588-925-2801 and enter project code 10063, beginning 12:00 p.m. on July 1, 2026, by August 7, 2026, 11:59 p.m.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email Title6@dfw.wa.gov, web http://wdfw.wa.gov/accessibility/requests-accommodation, by July 30, 2026, 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of fish and wildlife (department) purpose is two-fold:

(1) Proactively minimize the risk of spread of CWD and infection in the greater state cervid population. In support of this endeavor, the department seeks to update and clarify the administrative requirements for individuals who possess, sell, import, propagate, transfer, or maintain live deleterious and native wildlife.

(2) Make the current rule, WAC 220-640-200, regulating deleterious wildlife more manageable and easier to understand for the public. Structurally, the rule proposal creates 11 new proposed rules that are currently described in varying degrees in WAC 220-640-220; each new proposed rule updates and clarifies these specific topics. In addition, the proposal amends one related rule, WAC 220-450-030, 220-450-040, and also the existing deleterious rule, WAC 220-640-200.

Reasons Supporting Proposal: This rule making is necessary for updating and implementing a regulatory structure to monitor and manage deleterious exotic wildlife, especially captive cervids given the emergence of CWD in Washington state. The department's efforts to amend rules will actively prevent the spread of CWD, as it has been detected in the northeastern part of the state, and will protect all wildlife populations, including deleterious exotic wildlife from contracting this disease. The proposed rule changes will address the requirements for individuals who possess, sell, import, propagate, transfer, or maintain live deleterious and native wildlife to reduce the risk of spread of CWD.

To support the clarification and updating of WAC 220-640-220, the department has proposed 11 new rules that cover specific topic areas of regulation. Each new proposed rule provides more explanation and depth about specific regulations as they apply to deleterious wildlife. For both the new and amended rules, the department seeks to remove language that is no longer applicable or outdated. Overall, the proposed administrative changes clarify the requirements of possessing, selling, importing, propagating, transferring, or maintaining live deleterious and native wildlife.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.04.130, 77.08.010, 77.12.047, and 77.15.250.

Statute Being Implemented: RCW 77.04.012, 77.04.020, 77.04.055, 77.04.130, 77.08.010, 77.12.047, and 77.15.250.

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

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mick Cope, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; and Enforcement: Chief 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.

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(4).

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 18-19-011, filed 9/7/18, effective 10/8/18)

WAC 220-450-030Live wildlife—Taking from the wild, importation, possession, transfer, and holding in captivity.

(1) It is unlawful to take live wildlife, wild birds, or game fish from the wild without a permit issued by the ((director except as otherwise provided by)) department ((rule)). This subsection does not apply to starlings, house sparrows, Eurasian collared doves, and rock doves taken by falconers, or rock doves and Eurasian collared doves taken by bird dog trainers.

(2) ((Notwithstanding the provisions of WAC 220-430-010(1), 220-450-050, and subsections (3) and (4) of this section, and except as provided under subsection (7), (8), (9), or (10) of this section,))It is unlawful to import into the state, hold, possess, propagate, offer for sale, sell, transfer, or release live specimens of or the gametes and/or embryos of the following species in the family Cervidae.

Common Name	Scientific Name
((Roosevelt and Rocky Mountain))Elk	Cervus canadensis
Mule deer and Black-tailed deer	Odocoileus hemionus
White-tailed deer	Odocoileus virginianus
Moose	Alces alces
Woodland Caribou	Rangifer tarandus caribou

(3) It is unlawful to import into the state or to hold or possess live wildlife taken, held, possessed, or transported contrary to federal or state law, local ordinance, or department rule. ((It is unlawful to import live wild animals, wild birds, or game fish without first presenting to the department the health certificate required by the Washington department of agriculture under WAC 16-54-180. However, raptors used for falconry or propagation may be imported if the importer has health certificates for the raptors. Importers must produce proof of lawful importation for inspection if asked to do so by a department employee.))All importations of live wildlife must comply with the requirements of WAC 16-54-180.

(4) It is unlawful to possess or hold in captivity live wild animals, wild birds, or game fish unless lawfully acquired. Lawful acquisition and possession include department permits and any other applicable authorization. Any person possessing or holding wild animals, wild birds, or game fish in captivity must provide proof of lawful acquisition and possession for inspection if asked to do so by a department employee. The proof must identify the following information for the wild ((animals'))animal, wild ((birds'))bird, or game ((fish's))fish:

(a) Species;

(b) Age and sex;

(d) Receiving party's name;

(e) Source's name and address;

(f) Invoice/statement date; and

(g) Documentation of prior transfers.

(5) Live wild animals, wild birds, or game fish held in captivity, or their progeny or parts thereof, may not be sold or otherwise used commercially except as provided by department rule.

(6) It is unlawful to release wildlife from captivity except as provided in WAC 220-450-010.

(7) It is unlawful to release fish into any state waters, including private, natural, or man-made ponds, without first obtaining a fish planting permit. However, if a person catches game fish and keeps the fish alive on stringers, in live wells, or in other containers while fishing, he or she may release the fish back into the same waters that he or she caught the game fish in.

(((7) Scientific research or display: The director may issue written authorization for a person to import into the state, hold, possess and propagate live specimens of wildlife listed in subsection (2) of this section, for scientific research or for display by zoos or aquariums who are accredited institutional members of the Association of Zoos and Aquariums (AZA), provided that the person:

(a) Confines the specimens to a secure facility;

(b) Does not transfer specimens to any other location within the state without the director's written authorization, and the specimens are transferred to other AZA-accredited facilities and transported by AZA-accredited institutional members or their authorized agents;

(c) Does not sell or otherwise dispose of specimens within the state, unless the director gives written approval to sell or dispose of the specimens;

(d) Keeps records on the specimens and make reports as the director requires; and

(e) Complies with the requirements in this section.

(8) Retention or disposal of existing specimens lawfully in captivity prior to June 20, 1992: A person who holds live Roosevelt and Rocky Mountain elk, mule deer and black-tailed deer, white-tailed deer, and moose may retain the specimens of the wildlife the person lawfully possessed prior to June 20, 1992, and the lawful progeny of that wildlife, provided the person complies with the requirements of this section, and:

(a) Reports to the director, in writing, the species, number, and location of the specimens as required;

(b) Confines the specimens to a secure facility at the location reported, and the facility meets the requirements listed in WAC 220-450-040;

(c) Does not propagate live specimens except at AZA-accredited facilities with the director's written permission or as otherwise authorized in writing by the director;

(d) Does not release live specimens, except with the director's written permission;

(e) Does not sell or transfer live specimens, except:

(i) Live specimens in lawful possession prior to June 20, 1992, and their lawful progeny may be permanently removed from Washington state or transported directly to slaughter in accordance with applicable law;

(ii) Federally listed endangered or threatened species may be transferred to AZA-accredited facilities in compliance with federal law;

(iii) Live specimens may be moved to the new primary residence of the possessor with the director's written approval, provided all other requirements of this section are satisfied and the total number of locations where animals are held is not increased; and

(iv) AZA-accredited facilities may sell and/or transfer live specimens within the state with the written permission of the director.

(f) Live specimens must be neutered, physically separated by sex, and/or rendered infertile by means of contraception, except at AZA-accredited facilities with the director's written permission.

(9) Retention or disposal of existing specimens lawfully in captivity prior to February 13, 1993: A person holding live specimens of wildlife newly listed in subsection (2) of this section by operation of this rule (Caribou (Rangifer tarandus caribou)), may retain the specimens of such wildlife the 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 (8)(b) through (f) of this section and the other requirements of this section.

(10)))(8) Scientific research or display. The department may authorize, by written approval, a person to import into the state, hold, possess, and propagate specimens of live wildlife for scientific research by a research institution approved by the department or for display by institutions that are accredited institutional members of the Association of Zoos and Aquariums (AZA), the Zoological Association of America (ZAA), or the American Sanctuary Association (ASA); provided that the person or institution:

(a) Confines the specimen(s) to a secure facility;

(b) Does not transfer the specimen(s) to any other location without the department's written authorization, and the specimen(s) are transferred to a research institution approved by the department or to an AZA, ZAA or ASA-accredited institutional member or their authorized agent;

(c) Does not sell or otherwise dispose of specimens unless the department gives written approval to sell or dispose of the specimen(s);

(d) Keeps records on the specimen(s) and makes reports as the department requires; and

(e) Complies with the requirements in this section.

(9) The provisions of this section do not prohibit the importation, possession, propagation, sale, transfer, or release of live specimens of federally listed threatened or endangered species, their gametes or embryos, where in compliance with federal law.

(((11)))(10)Escaped wildlife:

(a) Escaped wildlife ((is))that were held in captivity will be considered a public nuisance. The department or any peace officer may seize, capture, or destroy wildlife that have escaped the possessor's control. The former possessor ((is))will 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) Possessors must report escaped wildlife to the department ((immediately))within 24 hours of detection of the escape.

(c) Possessors must report the recapture or death of escaped wildlife to the department ((immediately))within 24 hours of the recapture or discovery of death.

(((12) Testing specimens:

(a) If the director issues a permit to allow any member of the Genus Cervus, identified in subsection (2) of this section, then prior to the animal's entry into Washington state, the person must submit records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence. Red deer genetic influence is 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. Upon examination by department biologists, animals deemed to exhibit 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) A person currently holding any member of the genus Cervus elaphus identified in subsection (2) of this section must immediately submit to the director records of genetic tests conducted by a professionally recognized laboratory to identify red deer genetic influence, as defined in (a) of this subsection, for each individual cervid. Genetic testing will be at the possessor's expense. Any animals identified as red deer or having nonindigenous genetic influence must be destroyed, removed from the state, or neutered immediately.

(c) The director may require wildlife listed in subsection (2) of this section that are lawfully held in captivity to 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. The director may also require testing for other diseases or parasites determined to pose a risk to wildlife. Results of those tests must be filed with the director as required.

(13) Reporting:

(a) A person holding wildlife listed in subsection (2) of this section in captivity must 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 wildlife listed in subsection (2) of this section must notify the director within 10 days of any change of such persons' address and/or location of the holding facility.

(14)))(11)Inspection: All permitted holding facilities for captive wildlife located in the state are subject to inspection, conducted at a reasonable time, for compliance with the provisions of this section.

(((15)))(12)Notification and disposition of diseased animals:

(a) Any person who has reason to believe that wildlife being held pursuant to this rule ((have))has contracted or been exposed to a dangerous or communicable disease or parasite ((must))shall notify the department immediately.

(b) ((Upon))When the department has reason to believe that wildlife held pursuant to this rule have contracted or been exposed to a dangerous or contagious disease or parasite, the ((director may order inspection of such animals by a licensed, accredited veterinarian, certified fish pathologist, or inspection agent. Inspection will be at the possessor's expense))department may inspect such animals, records, and holding facilities.

(c) The ((director))department will determine when destruction of wildlife ((or)), quarantine, or cleaning and disinfection((, or sterilization of facilities)) is required at any facility holding wildlife pursuant to this ((rule))section. If the ((director))department determines that destruction of wildlife ((or)), quarantine, or cleaning and disinfection((, or sterilization)) of facilities is required, ((he or she will issue)) a written order shall be issued to the possessor describing the procedure to be followed and the time period for carrying out such actions. ((The destruction of wildlife or quarantine, disinfection, or sterilization of facilities will be at the possessor's expense))Such activities shall be at the expense of the possessor.

(((16) Quarantine area:

(a) Facilities holding wildlife listed in subsection (2) of this section 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 department of agriculture in chapter 16-54 WAC.

(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) If quarantine becomes necessary, the possessor of any wildlife requiring quarantine must provide an on-site quarantine facility or make arrangements at the possessor's expense to transport his or her wildlife to an approved quarantine facility.

(17)))(13)Seizure:

(a) The department may seize any unlawfully possessed wildlife.

(b) The cost of any seizure and/or holding of seized wildlife may be charged to the possessor of ((the))such wildlife.

(((18)))(14) Violation of this section is a misdemeanor punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.

AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)

WAC 220-450-040Live wildlife—Facility, fencing, and marking requirements.

(((1)))Secure facility:(((a))) All captive wildlife held under a department issued permit must be held in a secure facility. For the purposes of this rule, a secure facility is an enclosure constructed to prevent danger to the environment or wildlife of the state, including escape of live wildlife specimens in captivity or ingress of ((resident))native wildlife ((ungulates (hoofed animals))).

(((b) For wildlife listed in WAC 220-450-030(2), the secure facility must comply with the fencing requirements in subsection (2) of this section.

(2) Fencing requirements:

(a) Perimeter fences must be, at a minimum, 8 feet above ground level for their entire length. The bottom 6 feet must be mesh of sufficient size to prevent resident wildlife ungulates (hoofed animals) from entering and captive wildlife from escaping. If the wire used is not a full 8 feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable. Supplemental wire required to attain a height of 8 feet may be smooth, barbed, or woven wire (at least 12 1/2 gauge) with strands spaced not more than 6 inches apart.

(b) Perimeter fences constructed of high tensile wire must be supported by a post or stay at minimum intervals of 8 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.

(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 2 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 captive wildlife.

(f) Posts used in the perimeter fences must be:

(i) Wood (pressure treated), 5-inch minimum diameter or an equivalent as approved by the director;

(ii) Spaced no more than 24 feet apart with stays or supports at eight foot intervals between the posts;

(iii) Extended at least 8 feet above ground level; and

(iv) Constructed with corners braced with wood or with an equivalent material as approved by the director.

(g) Fences must be maintained at all times to prevent captive wildlife from escaping or resident wildlife ungulates (hoofed animals) from entering the enclosure. If animals pass through, under, or over the fence because of any topographic feature or other conditions, the person possessing wildlife must immediately supplement the fence to prevent continued passage.

(3) Marking requirements:

(a) All live specimens of wildlife identified in WAC 220-450-030(2) must be individually identified by:

(i) USDA official ear tags or ear tags supplied or approved by the department. Tags must be applied in sequential order; and

(ii) 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.

(b) Identification assigned to an individual animal may not be transferred to any other animal.

(c) Where allowed, all lawful progeny of wildlife identified in WAC 220-450-030(2) must be tagged and tattooed by December 31st of the year of birth or upon leaving the holding facility, whichever is earlier.

(d) Where allowed, if wildlife identified in WAC 220-450-030(2) is sold or transferred within the state, the tag and tattoo must accompany the animal. The new owner or possessor may not renumber the animal.

(e) Where allowed, live specimens of wildlife identified in WAC 220-450-030(2) must be marked prior to importation.

(f) Wildlife identified in WAC 220-450-030(2) may not be sold or otherwise transferred from the holding facility.

(4) Violation of this section is a misdemeanor punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.))

AMENDATORY SECTION(Amending WSR 18-19-103, filed 9/19/18, effective 10/20/18)

WAC 220-640-200Deleterious exotic wildlife.

(1) The following animals are hereby designated as deleterious exotic wildlife:

(a) Birds: In the family Anatidae, the mute swan (Cygnus olor); and the black swan (Cygnus atratus).

(b) Mammals:

(i) In the family ((Viverridae))Herpestidae, the mongoose (all members of the genus Herpestes).

(ii) In the family Suidae, ((the wild boar (Sus scrofa and all wild hybrids)))feral swine as defined in WAC 16-80-005.

(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)))all members and hybrids of the following genera: Nonnative species of Alces; Axis; Blastocerus; Capreolus; nonnative species of Cervus; Dama; Elaphodus; Elaphurus; Hippocamelus; Hydropotes; Mazama; Mutiacus; nonnative species of Odocoileus; Ozotoceros; Przewalskium; Pudu; nonnative species of Rangifer; Rucervus; and Rusa.

(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 embryos, except as provided under subsection (3), (4), or (5), (((6), or (7))) of this section, and as provided in WAC ((220-640-020))220-640-200.

(3) Scientific research or display((:)). The ((director))department 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))by a research institution approved by the department or for display by institutions that are accredited institutional members of the Association of Zoos and Aquariums (AZA), the Zoological Association of America (ZAA), or the American Sanctuary Association (ASA); provided that the person or institution:

(a) Confines the specimen(s) to a secure facility;

(b) Does not transfer the specimen(s) to any other location within the state without the department's written authorization, and the specimen(s) are transferred to a research institution approved by the department or to an AZA, ZAA, or ASA-accredited institutional member or their authorized agent;

(c) Does not sell or otherwise dispose of specimen(s) within the state, unless the department gives written approval to sell or dispose of the specimen(s);

(d) Keeps records on the specimen(s) and makes reports as the department requires; and

(e) Complies with the requirements in 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 (c) through (h) of this subsection 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;

(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 section (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:

(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 embryos, where in compliance with federal law.

(((7)))(5) 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, as provided in WAC 220-640-210 through 220-640-310((:

(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.

(9) Secure facility:

(a) All deleterious exotic wildlife will be held in a secure facility. For the purpose of this section, 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 twelve and one-half 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 twelve and one-half gauge woven wire, fourteen and one-half 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 the 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 the 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 section 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 section 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 section. 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)).

WAC 220-640-210Deleterious exotic captive cervid permits.

(1) It is unlawful to import into the state, hold, possess, propagate, offer for sale, sell, or transfer live specimens of deleterious exotic wildlife in the family Cervidae except fallow deer (Dama dama) or reindeer (all members of the genus Rangifer, except Rangifer tarandus caribou) with a current, valid deleterious exotic captive cervid permit issued by the department.

(2) Application for a deleterious exotic captive cervid permit shall be made on a form provided by the department.

(3) Send the completed form to the department by email to the Wildlife Program: wildthing@dfw.wa.gov, or by U.S. mail to: WDFW/Wildlife Program, P.O. Box 43141, Olympia, Washington 98504-3141, USA. Incomplete forms will be returned and denied until a completed form has been received.

(4) Upon review and approval, the department may issue, with conditions or restrictions, a deleterious exotic captive cervid permit if the applicant complies with the following criteria:

(a) The applicant is the owner or tenant of or has a possessory interest in the lands, waters, and riparian rights shown in the application.

(b) The permit covers only the immediate premises and areas described on the application where the deleterious exotic captive cervid(s) will be held.

(5) Deleterious exotic captive cervid permit holders may purchase, possess, propagate, offer for sale, sell, or transfer live specimens of the following cervids: European fallow deer (Dama dama) and domestic reindeer (Rangifer tarandus), except reindeer may not be imported into, held, or possessed in Ferry, Stevens, or Pend Oreille counties or that portion of Spokane County north of the Spokane River.

(6) A violation of this section is an infraction punishable under RCW 77.15.160 if a person who possesses deleterious exotic captive cervid(s) fails to initially apply for a permit with the department as prescribed in subsection (2) of this section or fails to be in compliance with rules in subsection (3) of this section. A violation of this section is a felony under RCW 77.15.250 (2)(a) if a person possesses deleterious exotic captive cervid(s) and fails to comply with permit application requirements after the department has made formal requests of the possessor to be in compliance within a 24-month period of the prior violation of this section.

WAC 220-640-220Deleterious exotic captive cervid permit modification, suspension, or revocation.

(1) The department may modify, suspend, or revoke a deleterious exotic captive cervid permit if the permittee violates any department rule related to wildlife possession, wildlife rehabilitation, wildlife trafficking, or permit conditions.

(2) A permittee who is in violation of permit conditions shall, in this order:

(a) Receive written warning(s) outlining remedies and a deadline of not less than seven calendar days to come into compliance after which time the department may impose permit modification to remedy those violations.

(b) If, after 14 calendar days, the permittee continues to be noncompliant with the permit requirements, the permit will be suspended and a requirement to adhere to a department-provided corrective action plan and timeline(s) in the corrective action plan will be imposed. The permittee must provide a response to and apply compliance plan remedies within the timelines specified in the compliance plan.

(3) In conjunction with the written warning, permit modification, or permit suspension, the department may conduct inspections to verify compliance with permit requirements. The department may amend the permit or restore the permit pending permittee compliance and department-documented compliance validation.

(4) A permittee will have the permit revoked if written warnings, permit modifications, compliance plan remedies, and permit suspension processes with concurrent inspections do not result in permittee compliance. Nothing in this section prevents the department from acting immediately to remove animals or suspend or revoke deleterious exotic captive cervid permits in case of documented animal cruelty or adverse animal welfare.

(5) The department's revocation, modification, or suspension of deleterious exotic captive cervid permits under this section does not preclude the department from taking criminal action against the permittee.

(6) Any permittee whose deleterious exotic captive cervid permit is revoked, modified, or suspended under this section may request an administrative hearing to appeal the department's action. The department will administer such appeals in accordance with chapter 34.05 RCW.

WAC 220-640-230Deleterious exotic captive cervid importation requirements.

(1) The following requirements must be met for importation of deleterious exotic captive cervid(s):

(a) Demonstrated compliance with WAC 16-54-180;

(b) Deleterious exotic captive cervid(s) that have resided at any time east of a line drawn through the western boundaries of Alberta, Montana, Wyoming, Colorado, Oklahoma, and Texas, or that have had contact with or shared common ground with wildlife in the family Cervidae, which have resided at any time east of such line, must also have specific written authorization from both the department and the Washington state department of agriculture state veterinarian;

(c) Demonstrable origins in herds enrolled in a United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service, Chronic Wasting Disease (CWD) herd certification program or enrolled in a CWD herd certification program approved of by the department and the Washington department of agriculture state veterinarian; and

(d) Marking each of the individual deleterious exotic captive cervid(s) with official animal identification as required by department rule.

(2) A violation of this section is a felony under RCW 77.15.250 (2)(a). The department may seize and destroy deleterious exotic captive cervid(s) unlawfully possessed.

WAC 220-640-240Animal identification requirements.

(1) All live specimens of deleterious exotic captive cervid(s) imported, held, possessed, propagated, offered for sale, sold, or transferred subject to an exotic captive cervid permit shall be permanently and individually marked with two forms of department-approved animal identification attached to the animal. One of these animal identification methods must be a nationally unique official animal identification (electronic implant, flank tattoo, ear tattoo, tamper-resistant ear tag, or other device) approved by the USDA as defined in 9 C.F.R. 55.25.

(2) All lawful progeny of deleterious exotic captive cervid(s) must be identified by December 31st of the year of birth or upon leaving the premises, whichever is earlier.

(3) If a deleterious exotic captive cervid is sold or transferred within the state, the two forms of identification described in subsection (1) of this section must accompany the animal. The new owner or possessor shall not remove or change the animal's identification.

(4) No unmarked deleterious exotic captive cervid(s) may be sold or otherwise transferred from the premises.

(5) A violation of this section is an infraction under RCW 77.15.160 for first time offenses. A violation of this section is a felony under RCW 77.15.250 (2)(a) if a person commits the same requirement violation within a 24-month period of the prior violation.

WAC 220-640-250Deleterious exotic captive cervid fencing requirements.

(1) 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 wild native cervids from entering and deleterious exotic captive cervid(s) from escaping. Supplemental wire required to attain a height of eight feet may be smooth, barbed, or woven wire (at least 12 and one-half gauge) with strands spaced not more than six inches apart.

(2) Perimeter fences constructed of high tensile wire must be supported by a post or stay at maximum intervals of eight feet.

(3) Perimeter fences must be at least 12 and one-half gauge woven wire, 14 and one-half gauge high-tensile woven wire, chain link, woven fence, or other fence approved by the department. If the wire used is not a full eight feet in height, it must overlap by one row and be securely fastened at every other vertical row or woven together with cable.

(4) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.

(5) 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 department. 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 captive cervid(s).

(6) Posts used in the perimeter fences must be:

(a) Wood (pressure treated), five-inch minimum diameter or an equivalent as approved by the department;

(b) Spaced no more than 24 feet apart with stays or supports at eight-foot intervals between the posts;

(d) Have corners braced with wood or with an equivalent material as approved by the department.

(7) Fences must be maintained at all times to prevent deleterious exotic captive cervid(s) from escaping or resident wild native cervids 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 captive cervid(s) must immediately supplement the fence to prevent continued passage.

(8) A violation of this section is an infraction under RCW 77.15.160. A person may be issued an infraction each day a violation of the provisions of this section are found to be in violation.

WAC 220-640-260Escaped deleterious exotic captive cervids and ingress of native wild cervids.

(1) Escaped deleterious exotic captive cervid(s) will be considered a public nuisance. The department or any police officer may seize, capture, or destroy deleterious exotic captive cervid(s) that have escaped the owner's control. The owner or 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.

(2) Possessors must report escaped wildlife to the department within 24 hours of detection of the escape.

(3) Possessors must report the recapture or death of escaped wildlife to the department within 24 hours of the recapture or death.

(4) The owner of deleterious exotic captive cervid(s) must keep native wild cervids out of enclosures holding at least one deleterious exotic captive cervid.

(5) If a native wild cervid enters an enclosure holding at least one deleterious exotic captive cervid, the possessor must notify the department within 24 hours of detection and remove the native wild cervid as soon as practicable.

(6) Violation of this section is a felony under RCW 77.15.250 (2)(a) if a person fails to report the escape, recapture, or death of escaped deleterious exotic wildlife.

WAC 220-640-270Disease and parasite testing requirements.

(1) The department may require that all specimens of deleterious exotic captive cervid(s) be tested for brucellosis, tuberculosis, meningeal worm (Parelaphostrongylus tenuis), and muscle worm (Elaphostrongylus cervis) in accordance with the procedures specified by the Washington department of agriculture per WAC 16-54-180 and/or for other diseases or parasites determined to pose a risk to wildlife.

(2) Within five days of the death of any deleterious exotic captive cervid(s) over the age of one year, sample submission for CWD testing must be completed via one of the following means:

(a) Presentation to the department of the entire carcass, head with at least three inches of neck attached, or extracted retropharyngeal lymph nodes; or

(b) Submission of samples to a veterinary diagnostic laboratory approved by USDA for CWD testing.

(3) The results of all required disease and parasite tests shall be recorded with the department within 24 hours of receipt of lab results.

(4) A violation of this section is an infraction under RCW 77.15.160.

WAC 220-640-280Herd inventory, reporting requirements, and annual inspection.

(1) A person holding deleterious exotic captive cervid(s) shall submit a completed report no later than January 31st of each year, or as otherwise required by the department, on a form provided by the department. The inventory must include the following for each animal:

(a) All identification devices;

(b) Age;

(d) Date of acquisition and source (name, city, state) of each deleterious exotic captive cervid that was not born into the herd;

(e) Date of removal and destination (name, city, state) of any deleterious exotic captive cervid(s) removed from the herd;

(f) Birth date;

(g) Date of death and cause for any deleterious exotic captive cervid(s) that died within the herd;

(h) Date of CWD sample submission and official CWD results from a laboratory approved by USDA for CWD testing.

(2) Accurate records will be kept for five years. Records must be open for review by authorized department personnel during normal business hours and must be provided upon the department's request.

(3) Persons possessing deleterious exotic captive cervid(s) must notify the department within 10 days of any change of such persons' address and/or location of the holding facility.

(4) All deleterious exotic captive cervid(s), records, and holding facilities located in the state are subject to annual inspection by the department for compliance with the provisions of this section. Such inspections shall be conducted during regular and usual business hours.

(5) Violation of this section is an infraction under RCW 77.15.160 for first time offenses. Violation of this section is a felony under RCW 77.15.250 if a person has committed an infraction of this section within the prior 24 months.

WAC 220-640-290Notification and disposition of diseased animals.

(1) Any person who has reason to believe that deleterious exotic captive cervid(s) being held pursuant to this section have contracted or been exposed to a dangerous or communicable disease or parasite shall notify the department immediately.

(2) Upon having reason to believe that deleterious exotic captive cervid(s) held pursuant to this section have been exposed to or contracted a dangerous or communicable disease or parasite, the department may inspect deleterious exotic captive cervid(s), records, and holding facilities.

(3) The department will determine when destruction of deleterious exotic captive cervid(s), quarantine, or cleaning and disinfection is required at any facility holding deleterious exotic captive cervid(s), pursuant to this section. If the department determines that destruction of deleterious exotic captive cervid(s), quarantine, or cleaning and 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.

(4) Violation of this section is an infraction under RCW 77.15.160 for first time offenses. Violation of this section is a felony under RCW 77.15.250 (2)(a) if a person has committed an infraction of this section within the prior 24 months.

WAC 220-640-300Quarantine area.

(1) Any facility holding deleterious exotic captive cervid(s) must have an approved quarantine facility within its exterior boundary or submit an action plan to the department that guarantees access to an approved quarantine facility within the state of Washington:

(a) An approved quarantine facility is one that meets criteria set by the Washington department of agriculture in WAC 16-604-020.

(b) 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.

(2) 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.

WAC 220-640-310Seizure.

(1) The department may seize any unlawfully possessed deleterious exotic captive cervid(s).

(2) The cost of any seizure and/or holding of deleterious exotic captive cervid(s) may be charged to the possessor of such animals.