reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-430 - Game farms and shooting preserves › Section 220-430-040 - Shooting preserves - Licensing - Permits - Operations

Current through Register Vol. 24-14, July 15, 2024
A game farm licensed under the provisions of chapter 77.12
				  RCW may function as a private shooting preserve and dispose of game birds
				  produced or acquired by releasing them on the designated preserve for hunting.
				  The permittee must abide by the following rules:
(1) Each person desiring to operate a private
				shooting preserve must make application to the department on forms supplied by
				the department.
(2) The department
				shall investigate the property described in the application and determine the
				number of wild game birds produced annually on the proposed shooting preserve
				area.
(3) Private shooting
				preserves must contain a minimum of one hundred acres to a maximum of one
				thousand acres in a contiguous block. The land must be owned or leased by the
				applicant for a minimum of five years, and cannot contain lakes or ponds in
				excess of two acres of surface water or be within one-half mile of bodies of
				water in excess of two acres.
(4)
				Shooting preserves may not be located on land having a projected fall
				population of wild upland game birds in excess of twenty birds per one hundred
				acres.
(5) Shooting preserves may
				not be located within one mile of a public hunting area owned or controlled by
				the department, except lands controlled by year-to-year agreement.
(6) The boundary of shooting preserves must
				be posted by the permittee with signs approved by the director in such manner
				as he may direct.
(7) The permittee
				shall release not less than one game bird per acre, annually.
(8) Game birds taken from a private shooting
				preserve must be marked and accompanied by an invoice showing the permittee's
				name, address, date of sale, number and species sold and the name and address
				of the hunter. Said invoice shall be retained by the hunter during the time
				such species are in his possession.
(9) During September or October each year,
				the permittee must deliver to the department the number of live game birds
				determined under subsection (2) or pay the department the fair market value for
				the specified number of game birds sixteen weeks of age. Game birds delivered
				to the department must be sixteen weeks of age, fully feathered and in sound
				and healthy condition as determined by the department.
Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177),
					 §
											232-12-037, filed 1/28/82;
					 81-12-029 (Order 165), §
											232-12-037, filed 6/1/81.
					 Formerly WAC 232-12-100.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-010 - Purpose - Wildlife management and wildlife interaction

Current through Register Vol. 24-14, July 15, 2024
Public support for the recovery and management of healthy
				  wildlife populations is an important aspect of wildlife conservation. Support
				  for wildlife can diminish when people experience negative interactions with
				  wildlife and damage to private property. The intent of the department is to
				  provide technical advice and assistance to property owners to prevent and
				  mitigate damages caused by wildlife. Compensation may be necessary in
				  situations where preventative measures are not successful or when
				  circumstances, outside the control of the private property owner, get in the
				  way of resolving negative wildlife interactions.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-030 - Public safety cougar removals

Current through Register Vol. 24-14, July 15, 2024
(1) Definitions:
As used in this section and in the context of public safety
				  cougar removals, the following definitions apply:
(a) "Confirmed" means qualified department
				staff is led to believe a cougar(s) was at the scene of the incident by
				interview of the complainant or observation of evidence at the scene.
(b) "Human-cougar safety incident" means
				aggressive or unusual behavior by a cougar which presents an actual or
				perceived threat to an individual.
(c) "Livestock or pet depredation" means
				incidents where livestock and/or pets are killed and/or injured by
				cougar.
(d) "Nuisance activity"
				means incidents associated with property disturbance, property damage, or
				livestock/pet harassment.
(e)
				"Public safety need" means there exists a reasonable threat to human safety or
				property by one or more cougar, as indicated by the level of confirmed
				human-cougar safety incidents or livestock/pet depredations.
(f) "Removal" means the act of killing one or
				more cougar with the aid of dogs.
(g) "Sighting" means a confirmed direct
				observation of one or more cougar, in urban or rural settings, near individuals
				or residences; typically more than chance observations.
(h) "Human-cougar interaction" means a
				confirmed human-cougar safety incident, or confirmed livestock or pet
				depredation.
(i) "Dog hunter" means
				a person that owns and hunts with dogs that are capable of detecting, tracking
				and treeing a cougar.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-040 - Wildlife/human interaction and conflict resolution for private property damage

Current through Register Vol. 24-14, July 15, 2024
The department is the primary source for property owners
				  seeking to determine legal and effective remedies for addressing wildlife
				  interactions. Protection of property using nonlethal techniques is the primary
				  response encouraged by the department. Harassment and/or lethal removal may
				  also be important techniques to protect human safety or to protect property.
				  The following criteria describe the compensation available to protect property
				  :
(1) Cash compensation will only be
				provided to property owners by the department if the funds are appropriated by
				the legislature or provided through local or federal grants or
				contracts.
(2) Compensation will be
				prioritized in the following order:
(a) As
				conditioned by the legislature or granting entity.
(b) Property prioritization:
(i) Private property that is primarily
				designed for public use, where there is a human safety risk not addressed by
				other entities.
(ii) Private
				property that directly contributes to commercial crop or to livestock
				production.
(iii) Private property
				used for other business purposes.
(iv) Public property.
(v) Residential property.
(vi) Recreational property.
(c) Species prioritization:
(i) Damages caused by wildlife listed as
				endangered, threatened, sensitive, or categories of concern by the state or
				federal government.
(ii) Damages
				caused by big game animals.
(iii)
				Other federal and state protected species.
(iv) Other wildlife species except
				unclassified species and predatory birds.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-050 - Killing wildlife for personal safety

Current through Register Vol. 24-14, July 15, 2024
(1) The fish and wildlife commission is
				authorized to classify wildlife as game, as endangered or protected species, or
				as a predatory bird consistent with
				RCW
				77.08.010 and 77.12.-020. The commission is
				also authorized, pursuant to
				RCW
				77.36.030, to establish the limitations and
				conditions on killing or trapping wildlife that is threatening human
				safety.
(2) The conditions for
				killing wildlife vary, based primarily on the classification of the wildlife
				species and the imminent nature of the threat to personal safety. Additional
				conditions defined by the department may also be important, depending on
				individual situations. Killing wildlife for personal safety is subject to all
				other state and federal laws including, but not limited to, Titles 77 RCW and
				220 WAC.
(3) Killing wildlife for
				personal safety.
(a) It is permissible to
				kill wild animals engaged in the physical act of attacking a person.
(b) It is permissible to kill game animals
				posing an immediate threat of physical harm to a person.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-060 - Killing wildlife causing private property damage

Current through Register Vol. 24-14, July 15, 2024
The fish and wildlife commission is authorized to classify
				  wildlife as game, and/or as endangered species or protected wildlife, and/or as
				  a predatory bird consistent with
				  RCW
				  77.08.010 and
				  77.12.020.
				  The commission is also authorized, pursuant to
				  RCW
				  77.36.030, to establish the limitations and
				  conditions on killing or trapping wildlife that is causing damage on private
				  property. The department may authorize, pursuant to
				  RCW
				  77.12.240 the killing of wildlife destroying
				  or injuring property.
The conditions for killing wildlife vary, based primarily on
				  the classification of the wildlife species, the imminent nature of the threat
				  to damage private property, the type of private property damage, and the
				  preventive and nonlethal methods employed by the person prior to the damage
				  event. Additional conditions defined by the department may also be important,
				  depending on individual situations. Killing wildlife to address private
				  property damage is subject to all other state and federal laws including, but
				  not limited to, Titles 77 RCW and 220 WAC.
(1) It is unlawful to kill protected wildlife
				or endangered species (as defined in
				RCW
				77.08.010 ) unless authorized by commission
				rule or with a permit from the department, with the following additional
				requirements:
(a) Federally listed threatened
				or endangered species will require federal permits or federal authority, in
				addition to a state permit.
(b) All
				migratory birds are federally protected and may require a federal permit or
				federal authority, in addition to a state permit.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-070 - Use of body-gripping traps and exceptions

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful to trap for wild animals
				with body-gripping traps without a special permit from the director.
(2) Body-gripping traps, including
				conibear-type traps in water, as defined in
				RCW
				77.15.192 may be used for the following
				purposes with a special trapping permit issued by the director:
(a) To protect public health and safety, in
				consultation with the department of health or the United States Department of
				Health and Human Services.
(b) To
				abate damages caused to private property, domestic animals, livestock or
				timber, which cannot be reasonably abated by nonlethal control tools. Any
				person requesting a special trapping permit must apply in writing, stating the
				threat or damages, the nonlethal control methods attempted or why they cannot
				be applied, and agree to use the above traps for no more than thirty days under
				the permit granted, pursuant to
				RCW
				77.15.194 and WAC 220-417-040.
(c) To protect threatened or endangered
				species, if such traps are used by department employees or agents of the
				state.
(d) To conduct wildlife
				research, except that conibear-type traps are prohibited for this
				purpose.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-080 - Killing wolves attacking domestic animals

Current through Register Vol. 24-14, July 15, 2024
The commission is authorized, pursuant to
				  RCW
				  77.36.030, to establish the limitations and
				  conditions on killing or trapping wildlife that is causing damage on private
				  property. The department may authorize, pursuant to
				  RCW
				  77.12.240 the killing of wildlife destroying
				  or injuring property. Killing wildlife to address private property damage is
				  subject to all other state and federal laws including, but not limited to,
				  Titles 77 RCW and 220 WAC.
(1) An
				owner of domestic animals, the owner's immediate family member, the agent of an
				owner, or the owner's documented employee may kill one gray wolf (
Canis
				lupus
) without a permit issued by the director, regardless of its
				state classification, if the wolf is attacking their domestic animals.
(a) This section applies to the area of the
				state where the gray wolf is not listed as endangered or threatened under the
				federal Endangered Species Act.
(b)
				Any wolf killed under this authority must be reported to the department within
				twenty-four hours.
(c) The wolf
				carcass must be surrendered to the department.
(d) The owner of the domestic animal must
				grant or assist the department in gaining access to the property where the wolf
				was killed for the purposes of data collection or incident
				investigation.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-090 - Disposal of wildlife killed for personal safety or for causing private property damage

Current through Register Vol. 24-14, July 15, 2024
The fish and wildlife commission is authorized pursuant to
				  RCW
				  77.36.030, to establish the limitations and
				  conditions on disposal of wildlife killed or trapped because they were
				  threatening human safety or causing property damage.
Except as specifically provided in a permit from the
				  department or a rule of the commission, people taking wildlife under this title
				  are subject to the laws and rules of the state including, but not limited to,
				  those found in Titles 77 RCW and 220 WAC. Wildlife taken under this chapter
				  remains the property of the state and may be disposed of in the manner and
				  under the conditions that follow:
(1)
				Wildlife killed subsequent to a permit provided by the department shall be
				possessed or disposed of in accordance with permit provisions and consistent
				with RCW
				77.15.170.
(2) Except as otherwise provided, all parts
				of wildlife killed in protection of private property without a permit
				authorized by the department must be lawfully disposed of as specified by the
				department or as otherwise provided in statute, rule, or local
				ordinance.
(3) Except as otherwise
				provided, big game animals or parts of big game animals killed in protection of
				private property without a permit must be reported to the department within
				twenty-four hours.
(4) Disposal
				methods: Unless otherwise specified in permits issued by the department:
(a) The person killing wildlife, or their
				designee, is responsible for disposal of killed wildlife and must dispose of
				the animal, within twenty-four hours or as soon as feasible, in a manner so as
				not to become a public or common nuisance or cause pollution of surface or
				groundwater.
(b) The person
				responsible for disposal of dead wildlife must dispose of it by burial,
				landfilling, incineration, composting, rendering, or another method approved
				(such as natural decomposition) that is not otherwise prohibited by federal,
				state, or local law or regulation.
(c) A person disposing of dead wildlife by
				burial must place it so that every part is covered by at least three feet of
				soil; at a location not less than one hundred feet from any well, spring,
				stream or other surface waters; not in a low-lying area subject to seasonal
				flooding; and not in a manner likely to contaminate groundwater.
(d) A person disposing of a dead animal must
				not bury or compost it within the sanitary control area of a public drinking
				water supply source.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-100 - Certification of wildlife control operators

Current through Register Vol. 24-14, July 15, 2024
For purposes of training individuals to assist landowners
				  with employing nonlethal management techniques, or to harass, kill, trap,
				  release, wildlife that is causing damage to private property, the director or
				  his/her designee may certify wildlife control operators (WCOs) .
(1) To be eligible to apply for WCO
				certification, applicants must:
(a) Be at
				least eighteen years of age;
(b)
				Must pass the Washington state trapper education exam and possess a minimum of
				two years experience that demonstrates the knowledge and ability to control
				wildlife species causing conflict or property damage. Methods of documenting
				experience include, but are not limited to, possessing a trapper's license for
				two years, providing a letter of recommendation from a currently certified WCO
				or trapper, providing evidence being employed in the wildlife abatement field
				for two years, providing a written statement verifying they are currently
				working with a certified WCO, or other method as identified by the
				department;
(c) Take and pass the
				department's approved WCO basic certification course(s);
(d) Be legally eligible to possess a firearm
				and without a felony or domestic violence conviction including, but not limited
				to, convictions under chapter 9.41 RCW, unless firearm possession rights have
				been restored;
(e) Not have within
				the last three years:
(i) More than one
				finding of paid or committed as a final disposition for an infraction under
				chapter 77.15 RCW; or
(ii) A
				conviction for a fish and wildlife crime under chapter 77.15 RCW.
(f) Pay the enrollment fee for
				each certification training/education (RCW
				77.12.184 ). This fee shall be fifty dollars
				per certification.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-110 - Use of wildlife control operators to address wildlife interactions

Current through Register Vol. 24-14, July 15, 2024
The director or director's des-ignee may issue permits to
				  persons that fulfill the requirements to become a certified wildlife control
				  operator (WCO) for purposes of assisting property owners in managing animals
				  causing damage to private property. Only persons meeting the WCO certification
				  requirements qualify for such a permit.
(1) Certified WCOs may use nonbody-gripping
				traps or body-gripping traps with a special trapping permit, outside of
				designated harvest season to capture wildlife causing damage or creating an
				animal problem, as defined in
				RCW
				77.15.192.
(2) WCOs with a valid trapping license may
				retain raw fur of wildlife taken using a special trapping permit, for personal
				use or educational purposes that does not result in retail sale or commerce.
				The carcass must be disposed of in a lawful manner according to WAC
				220-440-090.
(3) WCOs who trap
				wildlife under the authority of a department permit may not release wildlife
				outside of the property boundary where they were captured without a permit from
				the department, except for beaver released according to
				RCW
				77.32.585, or dispose of such wildlife
				without the consent of the property owner where wildlife is to be
				disposed.
(4) It is unlawful to
				trap, harass, or otherwise control wildlife on the property of another for a
				fee without a WCO certification.
(5) WCOs must submit a complete annual report
				of all control activity as directed by the department. Failure to submit a
				report may result in revocation of the WCO's certification or permits and
				denial of future certifications or permits.
(6) The department may develop additional
				conditions and procedures to include training requirements for WCOs consistent
				with this rule.
(7) WCO
				certification and associated permits will be revoked and future certification
				and permits may be denied by the director or director's designee if the
				department determines:
(a) Information
				contained in a WCO's application was inaccurate or false;
(b) The WCO fails to comply with department
				statutes or rules;
(c) The WCO
				violates a trapping or other fish and wildlife law; or
(d) The WCO is no longer eligible to possess
				a firearm, has been convicted of a felony or domestic violence conviction
				including, but not limited to, convictions under chapter 9.41 RCW.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-120 - Report required of certified wildlife control operators

Current through Register Vol. 24-14, July 15, 2024
All wildlife control operators (WCOs) must report all WCO
				  related activity, regardless of trapping success or whether they trapped or not
				  for the previous year on or before April 20th of each year.
(1) Reports must be made using the
				department's designated WCO annual report form or web-based WCO reporting
				system.
(2) If a WCO chooses to
				report using the WCO annual report form versus the web-based WCO reporting
				system, it is the responsibility of the certified WCO to obtain a form from the
				department and ensure the form is received by Washington department of fish and
				wildlife as conditioned on the form, prior to the reporting deadline.
(3) A WCO who fails to report his or her
				activity by April 20th will be in violation of reporting
				requirements.
(4) Knowingly
				providing false or misleading information on reports is considered a gross
				misdemeanor per
				RCW
				77.15.270.
(5) Failure to report trapping activity as
				required under this section is an infraction, punishable under
				RCW
				77.15.160.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-130 - Limitations to managing damage caused by big game on private property

Current through Register Vol. 24-14, July 15, 2024
Pursuant to this section the department shall establish
				  guidelines for assisting landowners with minimizing big game damage to private
				  property. Nothing in this section shall be construed to require the department
				  to seek landowners that may be experiencing damage. It is incumbent upon the
				  landowner to notify the department if they are experiencing damage.
(1) A landowner, lessee, or employee of and
				on behalf of the landowner may contact the department for assistance upon
				recognition of a damage or depredation event.
(2) Upon confirmation of damage or
				depredation, the department will offer assistance and work cooperatively with
				the landowner, lessee, or employee of the landowner on damage prevention
				measures.
(a) Damage prevention measures
				offered by the department shall be reasonable, fiscally responsible, and deemed
				effective in abating damage by the wildlife damage management profession. New
				techniques may be employed to determine feasibility.
(b) Practical long-term response for damage
				resolution shall be considered and written into agreements when
				feasible.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-160 - Valuation methods for crop damage assessment

Current through Register Vol. 24-14, July 15, 2024
Several methods may be used to determine the extent of a crop
				  damaged by deer and elk and the lost value of the crop resulting from the
				  damage. Assessment methods used by qualified crop adjustors licensed by the
				  state and certified by the federal crop insurance service will be accepted by
				  the department. Evaluation of crop losses must consider other impacts to crop
				  production, including fertilization, irrigation, precipitation, weather, timing
				  of planting or harvest, and weed control. The following methods are listed in
				  preferred order based on reliability:
(1) Amount consumed - relies on
				wildlife-proof exclosures in the field; clipping similar sized plots inside and
				outside of exclosures; then comparing yields.
(2) Amount of stored crops consumed or
				damaged - determine the bales or pounds of stored crops consumed or destroyed;
				then determine replacement value.
(3) Replacement value of horticultural trees
				lost as a result of damage; partial loss due to damage can be estimated per
				tree based on the percentage destroyed.
(4) Damage vs. undamaged areas - using random
				sampling methods to compare the yields of damaged to undamaged portions of a
				field or two similar fields can provide an estimate of loss. Comparing similar
				fields assumes the fields are truly "similar" (soil type, aspect, slope,
				irrigation, fertilization, stand age, etc.).
(5) Animal use - count the number of animals
				causing damage and the number of days they were present; then estimate the
				percentage of daily intake provided by the crop (generally less than fifty
				percent), and the amount of waste, trampling, or trailing; the result should
				also consider the timing of the damage and potential recovery of the vegetation
				prior to crop harvest.
(6) Decrease
				from average yield - historic yields can be used for comparison; the difference
				between average yield and current yield may shed light on the extent of damage;
				changing weather or crop growing conditions from one year to the next make this
				technique less reliable.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020, and
					 77.04.055. 10-13-182 (Order
					 10-156), §
											232-36-120, filed 6/23/10,
					 effective 7/24/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-180 - Application for cash compensation for livestock damage or domestic animal-Procedure

Current through Register Vol. 24-14, July 15, 2024
Pursuant to this section, the department may distribute
				  money specifically appropriated by the legislature or other funding entity to
				  pay commercial livestock or guard dog losses caused by wild bear, cougar, or
				  wolves in the amount of up to ten thousand dollars per claim unless, following
				  an appeal, the department is ordered to pay more (see
				  RCW
				  77.36.130(2) ). The
				  department will develop claim procedures and application forms consistent with
				  this section for cash compensation of commercial livestock or guard dog losses.
				  Partnerships with other public and private organizations to assist with
				  completion of applications, assessment of losses, and to provide funding for
				  compensation are encouraged.
Filing a claim:
(1)
				Claimant must notify the department within twenty-four hours of discovery of
				livestock or other domestic animal attack or as soon as feasible.
(2) Damage claim assessment of amount and
				value of eligible livestock or guard dog loss is the primary responsibility of
				the claimant.
(3) Investigation of
				the loss and review and approval of the assessment will be conducted by the
				department:
(a) The claimant must provide
				access to department staff or designees to investigate the cause of death or
				injury to eligible livestock or guard dogs and use reasonable measures to
				protect evidence at the depredation site.
(b) Federal officials may be responsible for
				the investigation when it is suspected that the attack was by a federally
				listed species.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-190 - Public hunting requirements

Current through Register Vol. 24-14, July 15, 2024
"Public hunting" generally means that land is open for
				  licensed hunters. The intent of this provision is to allow hunting at an
				  appropriate time, manner, and level to help prevent property damage.
As specified in WAC 220-440-140, cash compensation for crop
				  damage claims will only be paid when the property where the crop damage
				  occurred is open to public hunting; unless the department determines that
				  hunting is not practical. Public hunting is defined as:
(1) The landowner opens the property on which
				the damage or loss is claimed for general access to all licensed hunters during
				the season for the species causing damage, other species may be included to
				provide additional hazing, prior to the occurrence of damage; or
(2) The landowner has entered into and
				complied with any agreement with the department covering the land(s) on which
				the damage is claimed. Agreements shall require that:
(a) The land is open to general access to
				licensed hunters; or
(b) The
				landowner allows the department to select a limited number of hunters who are
				authorized to access the land to minimize or prevent damage; or
(c) The landowner and the department
				determine the number of hunters, timing, weapon options and the required
				permission for access to hunt on the landowner's property to effectively
				minimize damage.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-200 - Damage prevention permit hunts - Deer, elk, and turkey

Current through Register Vol. 24-14, July 15, 2024
(1) A landowner may
				enter into a damage prevention cooperative agreement (contract) with WDFW. The
				landowner may receive a damage prevention permit, if deemed necessary by the
				department. Hunts conducted pursuant to a damage prevention permit must adhere
				to the special seasons provided in this section. Nothing in this section
				prevents a landowner from protecting their property.
(a) The landowner agrees not to file a damage
				claim unless damage exceeds the threshold established by the department and
				conditioned in the damage prevention cooperative agreement, except for Elk
				Areas 3721 and 3722. Landowners will work with the department to allow access
				to hunters during the general hunting seasons as determined by the
				department.
(b) A damage prevention
				cooperative agreement may include:
(i) An
				approved checklist of the reasonable preventative and nonlethal means that must
				be employed prior to lethal removal;
(ii) A description of the properties where
				lethal removal is allowed;
(iii)
				Other conditions developed within department procedural documents.
(c) A damage prevention permit
				issued to a landowner by the department and provided to the hunter by the
				landowner authorizes the hunter to use a deer or elk damage license or tag to
				hunt and take a legal animal as prescribed on the permit.
(d) A damage prevention permit may include:
(i) A description of the properties where
				lethal removal is allowed;
(ii) The
				species and sex of the animal that may be taken; the terms of the permit; the
				dates when lethal removal is authorized; and
(iii) Other conditions developed within
				department procedural documents.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-210 - Black bear timber damage depredation permits-Requirements, restrictions, and issuance

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the black bear timber damage permit is to
				reduce damage to commercial timber caused by black bears peeling and consuming
				tree parts resulting in permanent damage or death to the tree. Only the owner
				of private commercial timber, or their designee may apply for a black bear
				timber damage depredation permit. A black bear timber damage permit allows a
				person to remove one or more black bears as conditioned on the permit. This
				section does not apply to federal employees and agents while acting in their
				official capacities for the purpose of protecting private property.
(2)
Black bear timber damage
				definitions.
As used in this section and in the context of black bear
				damage removals for damage to commercial timber, the following definitions
				apply:
(a) "Commercial timber" means trees
				that are grown for wood or paper product production where the land for growing
				is designated as forestland under RCW  84.33.130, or, as determined by WDFW
				meets the definition listed in RCW  84.33.035(5).
(b) "Timber damage" means there is black bear
				damage evidence on private commercial timber from springtime of the current
				calendar year.
(c) "Removal" means
				the act of killing one or more black bears.
(d) "Use of bait" means the use of a
				substance placed, exposed, deposited, distributed, scattered, or otherwise used
				for the purpose of attracting black bears to an area where one or more persons
				hunt or intend to hunt them. Bait does not include supplemental feeding in
				prior years.
(e) "Supplemental
				feeding" means the establishment and operation of black bear feeding stations,
				solely to prevent damage to commercial timber.
(f) "Use of dogs" means the use of one or
				more dogs for hunting under a black bear timber damage permit, or the
				possession of any dog while in the field under such permit.
(g) "Designated hunter" means a person who is
				named in a permit to hunt a black bear on behalf of the timber owner.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-220 - Bear and cougar depredation permit hunts for domestic animal or livestock loss

Current through Register Vol. 24-14, July 15, 2024
This section applies to any person participating in a
				  director-authorized bear or cougar depredation permit hunt for domestic animal
				  or livestock loss pursuant to
				  RCW
				  77.12.240 or
				  77.15.245:
(1) Black bear and cougar removal criteria:
(a) A landowner or the landowner's designee
				may submit a request for removal to the department following the procedures
				established by the department.
(b)
				Areas permitted for bear or cougar removal action must have confirmed bear or
				cougar caused property damage.
(c)
				The department will verify reported damage.
(d) The department shall ensure bear and
				cougar removals are consistent with population management objectives.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-230 - Commercial crop or livestock damage claim - Dispute resolution

Current through Register Vol. 24-14, July 15, 2024
For claims where the owner has met all claim eligibility
				  criteria and procedures, but ultimately rejects the written settlement offer
				  (order) for crop or livestock loss and/or value assessment, the provisions of
				  this section shall apply:
Informal resolution:
(1) If the owner rejects the property loss or
				value assessment and would like to discuss a negotiated settlement, he or she
				can request a meeting by notifying the department in writing within ten days of
				receiving the settlement offer or claim denial (order).
(2) A department representative and the owner
				or desig-nee(s) will meet and attempt to come to mutual resolution.
(3) A livestock appeals committee may be
				established with a minimum of six citizen members appointed by the director,
				and a representative from the department of fish and wildlife to review and
				recommend a settlement if requested by the claimant or the department. The
				citizen members must represent a variety of interests including at least: Three
				statewide organizations representing the interests of livestock owners; two
				representing wildlife advocates; and one at large.
(4) Monetary compensation or noncash
				compensation, mutually agreed upon by both the department and owner, shall be
				binding and constitute full and final payment for claim.
(5) If parties cannot agree upon damages, or
				the owner wishes to appeal the claim denial or the department's settlement
				offer (order), the owner may request an adjudicative proceeding consistent with
				chapter 34.05 RCW within sixty days of receiving a copy of the department's
				decision.
(6) The request must
				comply with the following:
(a) The request
				must be in writing, and the signed document may be mailed or submitted by fax
				or e-mail;
(b) It must clearly
				identify the order being contested (or attach a copy of the order);
(c) It must state the grounds on which the
				order is being contested and include the specific facts of the order that are
				relevant to the appeal; and
(d) The
				request must identify the relief being requested from the proceeding (e.g.,
				modifying specific provisions of the order).
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-240 - Unlawful taking or possession of wildlife for personal safety or causing property damage Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				unlawful trapping, killing, or possession of wildlife is punishable under Title
				77 RCW including, but not limited to, the following:
(a)
										RCW
				77.15.120 for endangered wildlife;
(b)
										RCW
				77.15.130 for protected wildlife;
(c)RCW 77.15.140 for unclassified
				wildlife;
(d)
										RCW
				77.15.170 for wildlife wastage;
(e)
										RCW
				77.15.190 and
				77.15.194 for unlawful trapping or
				traps;
(f)
										RCW
				77.15.290 for transportation of
				wildlife;
(g)
										RCW
				77.15.400 for wild birds;
(h)
										RCW
				77.15.410 for big game;
(i)
										RCW
				77.15.420 for illegally taken or possessed
				wildlife; and
(j)
										RCW
				77.15.430 for wild animals.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-250 - Failure to comply with the conditions of permits, provide completed forms, or submit required documents or reports for the purposes of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) Failure to
				abide by the conditions of permits is a misdemeanor pursuant to
				RCW
				77.15.750.
(2) Failure to provide reports or comply with
				the conditions of landowner agreements is an infraction pursuant to
				RCW
				77.15.160.
(3) Failure to comply with the conditions of
				wildlife control operator certification or permits is a misdemeanor pursuant to
				RCW
				77.15.750.
(4) A person who provides false or misleading
				information required by this chapter may be in violation subject to prosecution
				under RCW
				9A.76.175 or
				40.16.030.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.020, and
					 77.04.055. 10-13-182 (Order
					 10-156), §
											232-36-510, filed 6/23/10,
					 effective 7/24/10.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-020 - Revocation, modification, or suspension of a permit to hold wild animals, wild birds, or game fish in captivity

Current through Register Vol. 24-14, July 15, 2024
A permit issued hereunder may be revoked, modified or
				  suspended by the director . Cause for revocation or suspension shall include,
				  but not be limited to, failure to provide adequate holding facilities and
				  equipment or the failure to provide adequate care, feed or maintenance of
				  wildlife subject to the permit or for inhumane treatment of
				  wildlife.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-030 - Live wildlife-Taking from the wild, importation, possession, transfer, and holding in captivity

Current through Register Vol. 24-14, July 15, 2024
(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
Caribou
Rangifer tarandus caribou
(3)
				It is unlawful to import into the state or to hold 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.
(4) It is unlawful to
				possess or hold in captivity live wild animals, wild birds, or game fish unless
				lawfully acquired. 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 wild animals', wild birds', or game fish's:
(a) Species;
(b) Age and sex;
(c) Origin;
(d) Receiving party's name;
(e) Source's name and address;
(f) Invoice/statement date; and
(g) Documentation of prior
				transfers.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-040 - Live wildlife - Facility, fencing, and marking requirements

Current through Register Vol. 24-14, July 15, 2024
(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 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.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-050 - Sale of fish and wildlife by zoos and aquariums

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful for publicly owned zoos or
				aquariums who lawfully acquired fish, shellfish, wildlife or the nests of birds
				under WAC 220-200-150 or 220-450-030 to offer for sale or sell such animals or
				nests or the progeny of such animals except outside the state or except within
				the state to other publicly owned zoos or aquariums or accredited institutional
				members of the American Zoo and Aquarium Association (AZA).
(2) Publicly owned zoos and aquariums will
				keep accurate and current records of the sale of fish, shellfish and wildlife
				progeny as required by the director. These records will be maintained on a
				calendar year basis and retained for a period of 5 years.
(3) It is unlawful for any publicly owned zoo
				or aquarium to fail to complete and submit to the department by January 31 of
				each year a report containing information required by the director.
(4) Fish and wildlife officers may inspect at
				reasonable times and in a reasonable manner the fish, shellfish, wildlife,
				nests of birds, permits, records, and facilities of any publicly owned zoo or
				aquarium offering for sale or selling such animals or nests.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-070 - Wildlife rehabilitation permits- Requirements and restrictions

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the wildlife rehabilitation permit is to ensure that
				humane care and treatment is provided for wildlife in rehabilitation including
				all aspects of animal welfare as stated in, but not limited to, the most
				current edition of the National Wildlife Rehabilitators Association and
				International Wildlife Rehabilitation Council's Minimum Standards for Wildlife
				Rehabilitation with the goal of relieving suffering and release back to the
				wild.
(a) All wildlife held under a wildlife
				rehabilitation permit remains the property of the state held in trust for
				Wash-ingtonians and is controlled and regulated by the state.
(b) A wildlife rehabilitation permit is
				required to take, temporarily possess, and transport wildlife for the purpose
				of rehabilitation, with the following exceptions:
(i) Public transport. Members of the public
				may capture and transport injured and orphaned wildlife if it is safe to do so
				to a wildlife rehabilitation facility; the public must transport injured
				wildlife to a permitted wildlife rehabilitator within twenty-four
				hours.
(ii) Veterinary care.
				Veterinarians without a wildlife rehabilitation permit may provide
				stabilization for transport or euthanize wildlife for humane reasons;
				veterinarians without a wildlife rehabilitation permit must arrange transport
				for orphaned or injured wildlife within forty-eight hours to a permitted
				wildlife rehabilitator.