reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-080 - Wildlife rehabilitation-Responsibilities of primary permittees and subpermittees

Current through Register Vol. 24-14, July 15, 2024
(1)
				Primary permittees and subpermittees are responsible for abiding by all permit
				terms and conditions, reporting and record requirements, and compliance with
				state and federal regulations when conducting wildlife rehabilitation or
				actions associated with wildlife rehabilitation and in accordance with the most
				current edition of the National Wildlife Rehabilitators Association and
				International Wildlife Rehabilitation Council's Minimum Standards for Wildlife
				Rehabilitation.
(2) A primary
				permittee is directly responsible for both on-site and off-site subpermittees'
				actions related to wildlife rehabilitation under his or her primary permit.
(a) The primary permittee must submit a
				completed application provided by the department for each
				subpermittee;
(b) A primary
				permittee may have no more than two off-site subpermittees at one
				time;
(c) A primary permittee must
				visit the off-site subpermittee at least once a week if the subpermittee has
				wildlife at his or her facility and is caring for wildlife; a written record
				must be kept for those visits;
(d)
				The primary permittee must submit a quarterly report of visits to and animals
				at off-site subpermittee facilities on the form provided by the
				department;
(e) An on-site
				subpermittee is authorized and responsible for managing the wildlife
				rehabilitation activities at the permitted facility in the temporary absence of
				the primary permittee; and
(f) A
				primary permittee must notify the department within ten business days of
				removing or adding a subpermittee or changing the address of an off-site
				subpermittee's facility using the application provided by the
				department.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-090 - Wildlife rehabilitation-Permit modification, suspension, or revocation

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may modify, suspend, or revoke a wildlife rehabilitation permit if the primary
				permittee or a subpermittee violates any department rule related to wildlife
				possession, wildlife rehabilitation, wildlife trafficking, or permit
				conditions. Other violations include, but are not limited to:
(a) Directly displaying to the public
				wildlife in rehabilitation or directly using wildlife in rehabilitation for
				public education;
(b)
				Mal-imprinting, over-habituation to where animals lose fear of humans and
				predators, or taming wildlife in relation to humans or domestic animals at the
				facility;
(c) Cohousing predators
				and prey in the same enclosure or room where prey can hear or see
				predators;
(d) A primary permittee
				or a subpermittee, within the last ten years, was:
(i) Convicted of a fish or wildlife offense;
				or
(ii) Convicted of any offense
				involving animal or child cruelty, neglect, abuse, or found guilty practicing
				veterinary medicine without an active license, as determined by the veterinary
				board of governors.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-100 - Wildlife rehabilitation-Facility requirements and inspections-On- and off-site care

Current through Register Vol. 24-14, July 15, 2024
(1) The facility
				requirements listed in this section address wildlife health and safety. The
				department of labor and industries and other local, state, or federal agencies
				may have additional requirements relating to human health and safety. It is the
				permittee's responsibility to comply with all state and federal laws and
				regulations, and to ensure that his or her subpermittees do the same.
(2) Facilities.
(a) Permittees on a wildlife rehabilitation
				permit must maintain approved facilities that meet the most current edition of
				National Wildlife Rehabilitators Association and International Wildlife
				Rehabilitation Council's Minimum Standards for Wildlife Rehabilitation, unless
				as otherwise provided by the department.
(b) All wildlife held under a wildlife
				rehabilitation permit must be maintained in humane conditions.
(c) The wildlife rehabilitation facility must
				protect wildlife from predators, weather extremes, undue human contact and
				visual and auditory stressors.
(d)
				The wildlife rehabilitation facility must provide physical and visual
				separation from on-site domestic animals.
(e) Wildlife rehabilitation facilities must
				designate separate and exclusive rooms used only for wildlife housing,
				treatment, feeding, food preparation, and rehabilitation. It is unlawful to
				house, treat, or care for wildlife anywhere human food is prepared, stored, or
				consumed.
(f) Primary permittee
				shall report immediately to the department any department surveilled wildlife
				disease. If the director determines that such outbreak presents a threat to the
				wildlife of the state, the director may immediately order such action as
				necessary including quarantine or destruction of wildlife in care,
				sterilization of enclosures and facilities, cessation of activities, and
				disposal of wildlife in a manner satisfactory to the director.
(g) The primary permittee must notify the
				department at least thirty days prior to moving if he or she intends to
				transfer his or her wildlife rehabilitation facilities to another location. The
				new facilities must pass a department facility inspection before wildlife is
				moved to the new facility.
(h) The
				wildlife rehabilitation facility must be associated with a primary permittee at
				all times. If a facility is left with no primary permittees, facility personnel
				must notify the department within five days of the departure of the last
				primary permittee. The facility has thirty days in which to bring a primary
				permittee into the facility. After thirty days, if the facility is no longer
				associated with a primary permittee, the facility must transfer wildlife to
				another facility associated with a primary permittee until a primary permittee
				is found.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-120 - Wildlife rehabilitation-Veterinary care

Current through Register Vol. 24-14, July 15, 2024
(1) Veterinarians may euthanize wildlife or
				provide stabilization without a wildlife rehabilitation permit. Veterinarians
				must arrange to transfer the wildlife to a primary permittee within forty-eight
				hours of receiving wildlife. Veterinarians must separate wildlife from domestic
				animals.
Principal veterinarian. Provides timely advice and services,
				  veterinary treatment, and any medical protocols to primary permittee;
				  and
If the principal veterinarian detects, suspects, or confirms
				  a reportable illness or disease, it must be reported to the primary permittee
				  and the department's wildlife veterinarian within twenty-four hours.
(2) A violation of this section is
				punishable under the statute for the species being rehabilitated, including
				RCW
				77.15.120 for endangered fish or wildlife;
				RCW
				77.15.130 for protected fish or wildlife;
				RCW
				77.15.400 for wild birds;
				RCW
				77.15.410 for big game; and
				RCW
				77.15.430 for wild animals not classified as
				big game.
(3) A wildlife
				rehabilitation permit is not a veterinary license.
Statutory Authority:
					 RCW
					 77.12.047,
					 77.12.240,
					 77.12.467,
					 77.12.469, and
					 77.32.070. WSR 13-18-046 (Order
					 13-192), §
											232-12-851, filed 8/30/13,
					 effective 9/30/13.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-130 - Wildlife rehabilitation-Records retention and reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				contains records retention and reporting requirements for primary permittees on
				wildlife rehabilitation permits. Other state and federal laws and regulations
				may require additional records retention and reporting. Required records
				include daily ledger, patient records, written verification of volunteer
				training, and veterinary summaries.
(2) Retaining records.
(a) The primary permittee must keep all
				records at the wildlife rehabilitation facility and retain those records for a
				period of five years. Written or electronic records retention is
				acceptable.
(b) The primary
				permittee must make records available to the department at inspection or to
				department personnel upon request.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-140 - Wildlife rehabilitation-Falconers assisting with raptor rehabilitation

Current through Register Vol. 24-14, July 15, 2024
(1) A wildlife
				rehabilitator may utilize a department permitted three-year general or master
				falconer only for prerelease conditioning for release. Falconers may not
				practice wildlife rehabilitation without a wildlife rehabilitation permit.
				Falconers may not rehabilitate hatchling and nestling raptors.
(2) If the raptor is assigned to a falconer,
				the primary permittee must provide the falconer with:
(a) A copy of the U.S. Fish and Wildlife
				Service wildlife rehabilitation permit showing the falconer listed as a
				subpermittee; or
(b) A copy of the
				primary permittee's wildlife rehabilitation permit and a copy of the department
				authorization for transfer; and
(c)
				A written document identifying the raptor and explaining that the falconer is
				assisting in the raptor's rehabilitation and acting as an authorized
				subpermittee of the primary permittee. The written document must:
(i) Provide the dates of possession and the
				falconer's name, state falconry license number, contact information, and
				location of the falconer's facility; and
(ii) Accompany the raptor at all times,
				including during transport and at the housing location of the raptor.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-150 - Wildlife rehabilitation-Transfer, import, and export of wildlife and restrictions

Current through Register Vol. 24-14, July 15, 2024
(1) A
				primary permittee may import wildlife into Washington state for wildlife
				rehabilitation purposes if it is legal to import that species and the primary
				permittee possesses a certificate of veterinary inspection from an accredited
				veterinarian licensed in the state of origin and an entry permit as required by
				the Washington state department of agriculture for the animal.
(2) It is unlawful to transfer Washington
				state mammals to an out-of-state rehabilitator without obtaining prior
				department approval.
(3) It is
				unlawful to import species in the order Cervidae or rabies vector species into
				Washington state for rehabilitation purposes.
(a) Cervids are Roosevelt and Rocky Mountain
				elk, mule deer, black-tailed deer, white-tailed deer, moose, and
				caribou.
(b) Rabies vector species
				are bat, skunk, fox, raccoon, and coyote.
(c) Wildlife rehabilitation permits may be
				conditioned by the department with additional restrictions on wildlife transfer
				related to a specific endorsement or current interpretations of
				species-specific disease transfer.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-160 - Wildlife rehabilitation-Possession of dead wildlife and wildlife parts

Current through Register Vol. 24-14, July 15, 2024
(1) A primary
				permittee may receive and possess dead wildlife from the department for the
				purpose of feeding wildlife in rehabilitation.
(2) Feather possession.
(a) A primary permittee may possess bird
				feathers for imping.
(b) Primary
				permittees may receive or exchange feathers of birds from and with other
				wildlife rehabilitators if the rehabilitators possess and comply with relevant
				U.S. Fish and Wildlife Service Migratory Bird Treaty Act permits.
(c) A primary permittee may donate feathers
				from rehabilitation birds to any person or institution with a valid permit to
				possess feathers, except feathers from golden eagle or bald eagle.
(d) A primary permittee may leave feathers
				that are molted or otherwise lost by a bird in wildlife rehabilitation where
				they fall, store the feathers, or destroy the feathers, except that the
				rehabilitator must gather primary or secondary flight feathers or rectrices
				from golden eagle and bald eagle and send these feathers or rectrices to the
				National Eagle Repository.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-170 - Wildlife rehabilitation-Disposition of nonreleasable and over-habituated, mal-imprinted, or tamed wildlife and live retention for foster and education

Current through Register Vol. 24-14, July 15, 2024
(1) A primary
				permittee may retain live, nonreleasable wildlife for the purposes of:
(a) Orphan imprinting, socialization, and
				appropriate wild behavior retention and development, if the permittee possesses
				valid U.S. Fish and Wildlife Service (USFWS) permits and written authorization
				from the department. The department determines whether wildlife may be retained
				for these purposes on a case-by-case basis.
(b) Static display and program education, if
				the permittee possesses valid USFWS permits and written authorization from the
				department.
(c) To obtain
				authorization for education or fostering, the permittee must submit a completed
				Education or Foster Animal - Live Wildlife Retention Form application form
				provided by the department.
(d) A
				fee for presentation of an education program may be charged to recoup the
				permittee's cost.
(e) Education
				programs must provide information about the biology, ecological roles, or needs
				of wildlife; wildlife may not be presented as if they are pets.
(f) Wildlife tamed , overly habituated and
				lacking fear of humans and domestic animals, or mal-imprinted to humans before
				admission to the primary permittee's facility can be retained for static
				display or education programs if the department authorizes this in writing. The
				department will make such determinations on a case-by-case basis.
(g) Permittees must house wildlife used for
				educational purposes separately and out of sight of wildlife in
				rehabilitation.
(h) Mammals
				retained for education purposes may not be used for orphan imprinting or
				companionship for wildlife in rehabilitation.
(i) It is permissible to use birds retained
				for education, including raptors, for orphaned imprinting, nestling care, or
				companionship if federally permitted.
(j) The permittee may not have the following
				animals for education programs or static display: Cervids, large carnivores,
				amphibians.
(k) The permittee may
				not use the following animals in education programs: All rodents (except
				eastern gray squirrels), moles and shrews, weasels, skunks, raccoons, coyotes,
				foxes, beavers, muskrats, pikas, hares, rabbits, Apodidae, Trochilidae,
				Picidae, Passerines (except American crow, Northwestern crow, and common
				ravens), loons, grebes, sea-birds, herons, bitterns, storks, and
				ibis.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-180 - Wildlife rehabilitation-Euthanizing wildlife

Current through Register Vol. 24-14, July 15, 2024
Euthanasia must be provided in accordance with an animal's
				  welfare, using humane techniques and at a reasonable time after admission to
				  prevent unnecessary suffering of the animal. Permittees must follow the most
				  current American Veterinary Medical Association Guidelines on
				  Euthanasia.
(1) Bald eagles, golden
				eagles, and state endangered or threatened wildlife may be euthanized, without
				prior department approval, if the animal is suffering and untreatable or has a
				terminal illness or injury. In all other cases, prior department approval must
				be obtained before euthanizing state endangered or threatened
				wildlife.
(2) Any bird that has
				sustained injuries requiring amputation of a foot, a portion of a leg or wing
				at the elbow (humero-ulnar joint) or above, or any animal that is permanently
				blind must be euthanized.
(3) If an
				animal cannot, after medical management, feed itself, or ambulate without
				inflicting additional injury to itself, the animal must be
				euthanized.
(4) The primary
				permittee must comply with all applicable federal Migratory Bird Treaty Act
				rules when taking action for migratory birds under this section.
(5) The primary permittee shall report
				immediately to the department any department-surveilled wildlife disease or
				suspected emerging disease. If the director determines that such disease or
				outbreak presents a threat to wildlife of the state, the director may
				immediately order destruction of the wildlife.
(6) A violation of this section is punishable
				under
				RCW
				77.15.120 for endangered birds;
				RCW
				77.15.130 for protected birds; or
				RCW
				77.15.400 for all other wild birds, depending
				on the bird species.
Statutory Authority:
					 RCW
					 77.12.047,
					 77.12.240,
					 77.12.467,
					 77.12.469, and
					 77.32.070. WSR 13-18-046 (Order
					 13-192), §
											232-12-863, filed 8/30/13,
					 effective 9/30/13.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-190 - Wildlife rehabilitation-Disposing of wildlife remains

Current through Register Vol. 24-14, July 15, 2024
(1) Wildlife carcasses (except for those that
				are oiled) must be incinerated, buried, or otherwise destroyed, according to
				local laws and regulations to avoid the risk of poisoning wildlife, a primary
				permittee must not allow chemically euthanized wildlife to be scavenged.
(a) Wildlife carcasses may be donated to any
				person or institution authorized under state or federal law to acquire and
				possess specific wildlife carcasses or parts.
(b) A primary permittee on a wildlife
				rehabilitation permit may keep the carcass of any bird, except golden eagle or
				bald eagle, so the feathers on the carcass are available for imping and
				education as long as they are in compliance with federal rules.
(c) A primary permittee must send any and all
				remains of a golden eagle or bald eagle, including all talons, feathers and
				other parts, to the National Eagle Repository following instructions from the
				U.S. Fish and Wildlife Service.
(d)
				A primary permittee may retain wildlife carcasses and skins for mounting or
				skin preparation for the purpose of public display and education programs. If
				prepared by a licensed taxidermist, the primary permittee must supply the
				taxidermist with written documentation that the carcass or skin is possessed
				pursuant to a wildlife rehabilitation permit. The taxidermist must possess the
				written documentation at all times while the carcass or skin is in the
				taxidermist's possession. The primary permittee must keep the mount at the
				wildlife rehabilitation facility and may use it for public display for
				education programs. If the wildlife carcass is a banded bird or has an
				implanted microchip, the band number or microchip number must be reported to
				the issuing agency, entity, or person.
(e) A primary permittee who retains a
				wildlife carcass or parts may only possess the carcass or parts so long as the
				primary permittee possesses a valid wildlife rehabilitation permit and complies
				with all applicable federal laws. If the permittee no longer has a valid
				wildlife rehabilitation permit, the person must have a different authorizing
				state or federal permit to keep the carcasses or parts, or surrender the
				carcasses or parts to the department.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-200 - Wildlife rehabilitation- Commercial uses

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful to sell, offer for sale,
				purchase, or use for commercial purposes wildlife or parts of wildlife under
				any circumstances under a wildlife rehabilitation permit.
(2) Consistent with all existing wildlife
				rehabilitation rules, and the rest of this section, the primary permittee or
				entity operating a wildlife rehabilitation facility may collect funds to
				support the wildlife rehabilitation facility or wildlife rehabilitation
				facility activities.
(3) The
				primary permittee or the entity operating the wildlife rehabilitation facility
				may request donations or collect funds, however, except for oiled-wildlife
				rescue and rehabilitation authorized under the Federal Oil Pollution Act, all
				funds received for wildlife rehabilitation must go to the entity operating the
				wildlife rehabilitation facility or supporting wildlife rehabilitation
				activities.
The primary permittee may not retain funds received through
				  fund-raising efforts for personal use.
(4) It is unlawful to require a donation or
				charge a fee when receiving or admitting wildlife for rehabilitation unless it
				is authorized under the Federal Oil Pollution Act.
(5) A violation of this section is punishable
				under
				RCW
				77.15.260 or
				77.15.750,
				or both.
Statutory Authority:
					 RCW
					 77.12.047,
					 77.12.240,
					 77.12.467,
					 77.12.469, and
					 77.32.070. WSR 13-18-046 (Order
					 13-192), §
											232-12-867, filed 8/30/13,
					 effective 9/30/13.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-210 - Oiled bird rehabilitation - Facility requirements

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 77.12.047,
					 77.12.240,
					 77.12.467,
					 77.12.469, and
					 77.32.070. WSR 13-18-046 (Order
					 13-192), §
											232-12-869, filed 8/30/13,
					 effective 9/30/13.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-450 - Wildlife in captivity and wildlife rehabilitation › Section 220-450-220 - Reporting receipt, death, carcass retention, and release of oiled birds

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 77.12.047,
					 77.12.240,
					 77.12.467,
					 77.12.469, and
					 77.32.070. WSR 13-18-046 (Order
					 13-192), §
											232-12-871, filed 8/30/13,
					 effective 9/30/13.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following definitions
				  apply:
(1)
Commercial whale
				watching.
"Commercial whale watching" shall be defined as the act of
				  taking, or offering to take, passengers aboard a vessel or guided kayak tour in
				  order to view marine mammals in their natural habitat for a fee.
(2)
Commercial whale
				watching business.
"Commercial whale watching business" means a business that
				  engages in the activity of commercial whale watching.
(3)
Commercial whale watching
				operator.
"Commercial whale watching operator" means a person who
				  operates a motorized or sailing vessel engaged in the business of whale
				  watching.
(4)
Kayak
				guide.
"Kayak guide" means a person who conducts guided kayak tours
				  on behalf of a commercial whale watching business. The term kayak guide
				  includes anyone who directs the movement or positioning of any nonmotorized
				  commercial whale watching vessel(s) involved in a tour.
(5)
Commercial whale watching
				license.
"Commercial whale watching license" means a commercial whale
				  watching business license, a commercial whale watching operator license, or a
				  kayak guide license as defined in this section.
(a) "Commercial whale watching business
				license" means a department-issued license to operate a commercial whale
				watching business.
(b) "Commercial
				whale watching operator license" means a department-issued license to operate a
				commercial motorized or sailing vessel on behalf of a commercial whale watching
				business.
(c) "Kayak guide license"
				means a department-issued license to conduct commercial guided kayak tours on
				behalf of a commercial whale watching business.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following definitions
				  apply:
(1)
Commercial whale
				watching.
"Commercial whale watching" shall be defined as the act of
				  taking, or offering to take, passengers aboard a motorized or sailing vessel to
				  view marine mammals in their natural habitat for a fee.
(2)
Commercial whale watching
				business.
"Commercial whale watching business" means a business that
				  engages in the activity of commercial whale watching.
(3)
Commercial whale watching
				operator.
"Commercial whale watching operator" means a person who
				  operates a motorized or sailing vessel engaged in the business of whale
				  watching.
(4)
Paddle
				tour.
"Paddle tour" means the act of guiding or offering to take people
				aboard nonmotorized or human-powered vessels, such as kayaks or paddle boards,
				on a trip, tour, or guided lesson that involves viewing marine mammals in their
				natural habitat for a fee.
(5)
Paddle tour business.
"Paddle tour business" means a business that
				conducts paddle tours.
(6)
Paddle guide.
"Paddle guide" means a person who conducts guided tours on
				  behalf of a paddle tour business. The term paddle guide includes anyone who
				  directs the movement or positioning of any nonmotorized commercial whale
				  watching vessel(s) involved in a tour.
(7)
Commercial whale watching
				license.
"Commercial whale watching license" means a commercial whale
				  watching business license or a commercial whale watching operator license as
				  defined in this section.
(a)
				"Commercial whale watching business license" means a department-issued license
				to operate a commercial whale watching business.
(b) "Commercial whale watching operator
				license" means a department-issued license to operate a commercial motorized or
				sailing vessel on behalf of a commercial whale watching
				business.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-020 - Commercial whale watching licenses-Application process and deadline

Current through Register Vol. 24-14, July 15, 2024
(1) A commercial
				whale watching license is required for commercial whale watching businesses,
				motorized and sailing vessel operators, and kayak guides.
(2) Applicants must be at least sixteen years
				of age and possess a driver's license or other government-issued identification
				number and jurisdiction of issuance.
(3) Applicants for a commercial whale
				watching business license must be authorized to conduct business within the
				state of Washington. However, the residency and business requirements of
				RCW
				77.65.040(2) and (3) do not
				apply to Canadian individuals or corporations applying for and holding
				Washington commercial whale watching licenses.
(4) The commercial whale watching business
				license application must include the following information regarding the whale
				watching business:
(a) The applicant must
				identify the whale watching business name, type of business (i.e., sole
				proprietor, partnership, corporation), and for all associated business
				owner(s): Full name, association to the business, email address, telephone
				number, and Social Security number if the business owner is a United States
				citizen or resident.
(b) The
				applicant must identify and confirm the whale watching business is registered
				to conduct business within the state by providing the unified business
				identifier (UBI) number. Canadian commercial whale watching businesses are
				exempt from this requirement.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-020 - Commercial whale watching and paddle tour licenses-Application process and deadline

Current through Register Vol. 24-14, July 15, 2024
(1) License
				requirements.
(a) A commercial whale watching
				business license is required for commercial whale watching businesses as
				defined in this chapter.
(b) A
				paddle tour business license is required for paddle tour businesses as defined
				in this chapter.
(c) A commercial
				whale watching operator license is required for commercial whale watching
				operators as defined in this chapter.
(d) A paddle guide license is required for
				paddle guides as defined in this chapter.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-030 - Commercial whale watching license cards-Replacements

Current through Register Vol. 24-14, July 15, 2024
(1) Upon lawful application, a commercial
				whale watching license in the form of a license card will be issued by the
				department.
(2) The fee to replace
				a license that has been lost or destroyed is twenty dollars.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-030 - Commercial whale watching and paddle tour license cards-Replacements

Current through Register Vol. 24-14, July 15, 2024
(1) Upon lawful application, a commercial
				whale watching license or paddle tour license in the form of a license card or
				certificate will be issued by the department.
(2) The fee to replace a license card that
				has been lost or destroyed is $20.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-040 - Commercial whale watching licensing business organizations-Operator designation

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				person that holds a commercial whale watching business license may designate
				other persons associated with the business to act on behalf of the license
				holder to update the business information within the organization's
				account.
(2) A commercial whale
				watching business license holder may designate an unlimited number of operators
				or kayak guides, so long as each individual obtains the license required under
				WAC 220-460-070.
(3) A commercial
				whale watching business license holder must maintain an accurate record with
				the department of operators authorized to operate motorized vessels and kayak
				guides authorized to guide kayak tours on behalf of the business. Commercial
				whale watching business license holders may add operators and kayak guides to
				the list associated with the business license by entering the operator's or
				kayak guide's full name and date of birth in the business account through the
				commercial licensing system.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-040 - Commercial whale watching and paddle tour businesses-Operator or guide designation

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				that holds a commercial whale watching business license or paddle tour business
				license may designate other persons associated with the business to act on
				behalf of the license holder to update the business information within the
				organization's account.
(2) A
				commercial whale watching business license holder or paddle tour business
				license holder may designate an unlimited number of operators or paddle guides,
				respectively, so long as each individual obtains the license required under WAC
				220-460-070.
(3) A commercial whale
				watching business license holder or paddle tour business license holder must
				maintain an accurate record with the department of operators authorized to
				operate motorized vessels or paddle guides authorized to guide paddle tours on
				behalf of the business. Commercial whale watching or paddle tour business
				license holders may add operators or paddle guides to the list associated with
				the business license by entering the operator's or paddle guide's full name and
				date of birth in the business account through the commercial licensing
				system.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-050 - Whale watching vessel designation requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
									RCW
				77.65.615 requires commercial whale watching
				businesses to designate the motorized vessel(s) and indicate if kayaks will be
				used for commercial whale watching. It is unlawful to engage in commercial
				whale watching activities unless:
(a) The
				licensee has designated all commercial whale watching motorized, including
				sailing, vessels to be used, and has designated if kayaks will be
				used;
(b) The department has issued
				a commercial license to the licensee showing the motorized vessel or kayaks so
				designated; and
(c) The person
				conducting commercial whale watching activities on behalf of the business has
				the appropriate documentation in physical possession.
(i) The operator of a motorized or sailing
				vessel must have both the commercial whale watching business license listing
				the vessel and their individual operator license for the current calendar year
				in physical possession.
(ii) The
				guide of a commercial kayak tour must have their individual kayak guide license
				in physical possession and must have either the commercial whale watching
				business license for the current calendar year or a printed or digital scan
				thereof.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-050 - Whale watching vessel designation requirements and required operator and paddle guide documentation

Current through Register Vol. 24-14, July 15, 2024
(1)
									RCW
				 77.65.615 requires commercial whale watching businesses to designate the
				motorized vessel(s) that will be used for commercial whale watching. It is
				unlawful to engage in commercial whale watching activities unless:
(a) The licensee has designated all
				commercial whale watching motorized, including sailing, vessels to be
				used;
(b) The department has issued
				a commercial license to the licensee showing the motorized vessel so
				designated; and
(c) The person
				conducting commercial whale watching activities on behalf of the business has
				the appropriate documentation in physical possession.
The operator of a motorized or sailing vessel must have both
				  the commercial whale watching business license listing the vessel and their
				  individual operator license for the current calendar year in physical
				  possession.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-060 - Whale watching vessel substitutions-Fees

Current through Register Vol. 24-14, July 15, 2024
The holder of a commercial whale watching business license
				  may add or substitute a vessel designated on the license within the calendar
				  year if the license holder:
(1)
				Surrenders the previously issued license to the department;
(2) Submits to the department a substitution
				application and application fee that identifies the currently assigned vessel,
				and the vessel proposed to be designated; and
(3) Submits vessel substitution fees
				corresponding to the size of the vessel.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-060 - Whale watching vessel changes

Current through Register Vol. 24-14, July 15, 2024
The holder of a commercial whale watching business license
				  may designate an additional vessel on the license within the calendar year if
				  the license holder submits to the department an application that identifies the
				  vessel proposed to be designated and any other information required by the
				  department.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-070 - Whale watching operator and kayak guide license requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A person may
				operate a motorized or sailing vessel designated on the commercial whale
				watching business license only if:
(a) The
				person holds a valid commercial whale watching operator license issued from the
				department;
(b) The operator is
				designated on the underlying commercial whale watching business license;
				and
(c) The person has both the
				commercial whale watching business license listing the vessel and their
				individual operator license for the current calendar year in physical
				possession.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-070 - Whale watching operator and paddle guide license requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A person may operate a motorized or
				sailing vessel designated on the commercial whale watching business license
				only if:
(a) The person holds a valid
				commercial whale watching operator license issued from the
				department;
(b) The operator is
				designated on the underlying commercial whale watching business license;
				and
(c) The person has both the
				commercial whale watching business license listing the vessel and their
				individual operator license for the current calendar year in physical
				possession.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-080 - Expiration and renewal of licenses

Current through Register Vol. 24-14, July 15, 2024
Commercial whale watching licenses expire at midnight on
				  December 31st of the calendar year for which they are issued. Licenses may be
				  renewed annually upon application and payment of the prescribed license
				  fees.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-080 - Expiration and renewal of licenses

Current through Register Vol. 24-14, July 15, 2024
Commercial whale watching and paddle tour licenses expire at
				  midnight on December 31st of the calendar year for which they are issued.
				  Licenses may be renewed annually upon application and payment of the prescribed
				  license fees.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-090 - Commercial whale watching of southern resident killer whales-General

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				for a commercial whale watching operator or kayak guide to violate any of the
				restrictions in
				RCW
				77.15.740.
(2) A commercial whale watching license is
				not an exemption under
				RCW
				77.15.740(2)(c).
(3) The rules and requirements outlined in
				this chapter regarding southern resident killer whales apply to commercial
				whale watching activity in the inland waters of Washington.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-090 - Commercial whale watching of southern resident killer whales and paddle tours operating near southern resident killer whales-General

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful for a commercial whale
				watching operator or paddle guide to violate any of the restrictions in RCW
				 77.15.740.
(2) Licenses issued by
				the department under this chapter are not an exemption under RCW  77.15.740(2)(c).
(3) The rules and
				requirements outlined in this chapter regarding southern resident killer whales
				apply to commercial whale watching and paddle tour activity in the inland
				waters of Washington.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-100 - Areas closed to commercial whale watching

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful for operators of motorized
				commercial whale watching vessels to operate one-quarter nautical mile from
				shore from Mitchell Point to Cattle Point on the west side of San Juan Island
				or within one-half nautical mile of Lime Kiln Point State Park. Kayak guides
				and all vessels on guided kayak tours must stay within one hundred yards of
				shore within this zone except when safety conditions preclude it.
(2) Modifications or additions to closed
				areas may be issued by the department by rule. Violation of such rules shall be
				unlawful.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-100 - Areas closed to commercial whale watching

Current through Register Vol. 24-14, July 15, 2024
(1)
				It is unlawful for operators of motorized commercial whale watching vessels to
				operate one-quarter nautical mile from shore from Mitchell Point to Cattle
				Point on the west side of San Juan Island or within one-half nautical mile of
				Lime Kiln Point State Park. Paddle guides and all vessels on guided paddle
				tours must stay within 100 yards of shore within this zone except when safety
				conditions preclude it.
(2)
				Modifications or additions to closed areas may be issued by the department by
				rule. Violation of such rules shall be unlawful.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-110 - Limits on number of vessels in the vicinity of southern resident killer whales at once

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				for more than three motorized commercial whale watching vessels at a time to be
				within the vicinity of any group of southern resident killer whales.
(2) It is unlawful for an operator of a
				motorized commercial whale watching vessel to enter the vicinity of a group of
				southern resident killer whales that contains a calf of under one year of age
				or a whale designated as sick or vulnerable by emergency rule from the
				department.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-120 - Time limitations on watching southern resident killer whales

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				for an operator of a motorized commercial whale watching vessel to approach
				within one-half nautical mile of a southern resident killer whale between
				October 1st and June 30th.
(2) It
				is unlawful for an operator of a motorized commercial whale watching vessel to
				approach within one-half nautical mile of a southern resident killer whale
				outside these time periods: 10:00 a.m. to 12:00 p.m. and 3:00 p.m. to 5:00 p.m.
				from July 1st through September 30th.
(3) If any motorized commercial whale
				watching vessel designated under a commercial whale watching business license
				enters within the vicinity of a southern resident killer whale between 10:00
				a.m. and 12:00 p.m., no vessels operating under that business license may enter
				the vicinity of a southern resident killer whale after 12:00 p.m. on the same
				day.
(4) If an operator of a
				motorized commercial whale watching vessel enters within one-half nautical mile
				of a group of killer whales outside of the provisions in this section, after
				taking reasonable measures to determine whether the killer whales were southern
				resident killer whales, and then identifies the whales as southern resident
				killer whales, the operator must:
(a)
				Immediately safely reposition the vessel to be one-half nautical mile or
				farther from the southern resident killer whales.
(b) Immediately after repositioning the
				vessel, report the location of the southern resident killer whale(s) to the
				Whale Report application for the whale report alert system (WRAS), or to a
				successor transboundary notification system designated by the department that
				is adopted by the international shipping community in the Salish Sea.
(c) Accurately log the incident, including
				measures taken to determine whether the whales were southern resident killer
				whales, following the provisions of WAC 220-460-140 and submit the log to the
				department within twenty-four hours of the incident.