Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-416 - Wildlife-Hunting-Small game, birds, and other wildlife › Section 220-416-100 - Baiting of game birds - Unlawful

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to hunt game birds by the aid of baiting, on
				  or over any baited area, or on or over any area posted as an upland bird
				  feeding site, where a person knows or reasonably should know that the area is
				  or has been baited. As used in this section, the following definitions
				  apply:
"Baited area" means any area on which salt, grain, or other
				  feed has been placed, exposed, deposited, distributed, or scattered, if that
				  salt, grain, or other feed could serve as a lure or attraction for game birds
				  to, on, or over areas where hunters are attempting to take them. Any such area
				  will remain a baited area for ten days following the complete removal of all
				  such salt, grain, or other feed.
"Baiting" means the direct or indirect placing, exposing,
				  depositing, distributing or scattering of salt, grain, or other feed that could
				  serve as a lure or attraction for game birds to, on or over areas where hunters
				  are attempting to take them.
"Manipulation" means the alteration of natural vegetation or
				  agricultural crops by activities that include, but are not limited to, mowing,
				  shredding, discing, rolling, chopping, trampling, flattening, burning, or
				  herbicide treatments. The term manipulation does not include the distributing
				  or scattering of grain, seed, or other feed after removal from or storage on
				  the field where grown.
"Natural vegetation" means any nonagricultural, native, or
				  naturalized plant species that grows at a site in response to planting or from
				  existing seeds or other propagules. The term natural vegetation does not
				  include planted millet. However, planted millet that grows on its own in
				  subsequent years after the year of planting is considered natural
				  vegetation.
"Normal agricultural operation" means a normal agricultural
				  planting, harvesting, post-harvest manipulation, or agricultural practice, that
				  is conducted in accordance with official recommendations of State Extension
				  Specialists of the Cooperative Extension Service of the U.S. Department of
				  Agriculture.
"Normal agricultural planting, harvesting, or post-harvest
				  manipulation" means a planting or harvesting undertaken for the purpose of
				  producing and gathering a crop, or manipulation after such harvest and removal
				  of grain, that is conducted in accordance with official recommendations of
				  State Extension Specialists of the Cooperative Extension Service of the U.S.
				  Department of Agriculture.
"Normal soil stabilization practice" means a planting for
				  agricultural soil erosion control or postmining land reclamation conducted in
				  accordance with official recommendations of State Extension Specialists of the
				  Cooperative Extension Service of the U.S. Department of Agriculture for
				  agricultural soil erosion control.
Nothing in this section shall prohibit hunting of game birds
				  on or over the following lands or areas that are not otherwise baited
				  areas:
(1) Standing crops, or flooded
				standing crops (including aquatics); standing, flooded, or manipulated natural
				vegetation; flooded harvested crop lands; or lands or areas where seeds or
				grains have been scattered solely as the result of normal agricultural
				planting, harvesting, post-harvest manipulation, or normal soil stabilization
				practice;
(2) From a blind or other
				place of concealment camouflaged with natural vegetation;
(3) From a blind or other place of
				concealment camouflaged with vegetation from agricultural crops, as long as
				such camouflaging does not result in the exposing, depositing, distributing or
				scattering of grain or other feed; or
(4) Standing or flooded standing agricultural
				crops where grain is inadvertently scattered solely as a result of a hunter
				entering or exiting a hunting area, placing decoys, or retrieving downed birds.
Nothing in this section shall prohibit hunting of any game
				  bird, except waterfowl and coots, on or over lands or areas that are not
				  otherwise baited areas, and where grain or other feed has been distributed or
				  scattered solely as the result of manipulation of an agricultural crop or other
				  feed on the land where grown, or solely as the result of a normal agricultural
				  operation.
Statutory Authority:
					 RCW
					 77.12.047. 12-11-005 (Order 12-70), §
											232-12-264, filed 5/2/12,
					 effective 6/2/12. Statutory Authority: RCW 77.12.040. 99-17-034 (Order 99-118),
					 §
											232-12-264, filed 8/11/99,
					 effective 9/11/99; 81-12-029 (Order 165), §
											232-12-264, filed 6/1/81.
					 Formerly WAC 232-12-650.