Current through Register Vol. 24-18, September 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.
(5) Live wild
animals, wild birds, or game fish held in captivity, or their progeny or parts
thereof, may not be sold or otherwise used commercially except as provided by
department rule.
(6) It is unlawful
to release wildlife from captivity except as provided in WAC
220-450-010.
It is unlawful to release fish into any state waters, including private,
natural, or man-made ponds, without first obtaining a fish planting permit.
However, if a person catches game fish and keeps the fish alive on stringers,
in live wells, or in other containers while fishing, he or she may release the
fish back into the same waters that he or she caught the game fish
in.
(7)
Scientific research
or display: The director may issue written authorization for a person to
import into the state, hold, possess and propagate live specimens of wildlife
listed in subsection (2) of this section, for scientific research or for
display by zoos or aquariums who are accredited institutional members of the
Association of Zoos and Aquariums (AZA), provided that the person:
(a) Confines the specimens to a secure
facility;
(b) Does not transfer
specimens to any other location within the state without the director's written
authorization, and the specimens are transferred to other AZA-accredited
facilities and transported by AZA-accredited institutional members or their
authorized agents;
(c) Does not
sell or otherwise dispose of specimens within the state, unless the director
gives written approval to sell or dispose of the specimens;
(d) Keeps records on the specimens and make
reports as the director requires; and
(e) Complies with the requirements in this
section.
(8)
Retention or disposal of existing specimens lawfully in captivity prior
to June 20, 1992: A person who holds live Roosevelt and Rocky Mountain
elk, mule deer and black-tailed deer, white-tailed deer, and moose may retain
the specimens of the wildlife the person lawfully possessed prior to June 20,
1992, and the lawful progeny of that wildlife, provided the person complies
with the requirements of this section, and:
(a) Reports to the director, in writing, the
species, number, and location of the specimens as required;
(b) Confines the specimens to a secure
facility at the location reported, and the facility meets the requirements
listed in WAC
220-450-040;
(c) Does not propagate live specimens except
at AZA-accredited facilities with the director's written permission or as
otherwise authorized in writing by the director;
(d) Does not release live specimens, except
with the director's written permission;
(e) Does not sell or transfer live specimens,
except:
(i) Live specimens in lawful
possession prior to June 20, 1992, and their lawful progeny may be permanently
removed from Washington state or transported directly to slaughter in
accordance with applicable law;
(ii) Federally listed endangered or
threatened species may be transferred to AZA-accredited facilities in
compliance with federal law;
(iii)
Live specimens may be moved to the new primary residence of the possessor with
the director's written approval, provided all other requirements of this
section are satisfied and the total number of locations where animals are held
is not increased; and
(iv)
AZA-accredited facilities may sell and/or transfer live specimens within the
state with the written permission of the director.
(f) Live specimens must be neutered,
physically separated by sex, and/or rendered infertile by means of
contraception, except at AZA-accredited facilities with the director's written
permission.
(9)
Retention or disposal of existing specimens lawfully in captivity prior
to February 13, 1993: A person holding live specimens of wildlife newly
listed in subsection (2) of this section by operation of this rule (Caribou
(Rangifer tarandus caribou)), may retain the specimens of such
wildlife the person lawfully possessed prior to February 13, 1993, provided:
(a) The person reports to the director in
writing by March 31, 1993, and reports annually thereafter, or as otherwise
required by the director, the species, number, and location of such specimens;
and
(b) The person complies with
subsection (8)(b) through (f) of this section and the other requirements of
this section.
(10) The
provisions of this section do not prohibit the importation, possession,
propagation, sale, transfer, or release of live specimens of federally listed
threatened or endangered species, their gametes or embryos, where in compliance
with federal law.
(11)
Escaped wildlife:
(a) Escaped
wildlife is considered a public nuisance. The department or any peace officer
may seize, capture, or destroy wildlife that have escaped the possessor's
control. The former possessor is responsible for costs incurred by the
department in recovering, maintaining, or disposing of such animals, as well as
any damage to the state's wildlife or habitat.
(b) Possessors must report escaped wildlife
to the department immediately.
(c)
Possessors must report the recapture or death of escaped wildlife to the
department immediately.
(12)
Testing specimens:
(a) If the director issues a permit to allow
any member of the Genus Cervus, identified in subsection (2)
of this section, then prior to the animal's entry into Washington state, the
person must submit records of genetic tests conducted by a professionally
recognized laboratory to identify red deer genetic influence. Red deer genetic
influence is genetic material from any member of any subspecies, race, or
species of the elk-red deer-wapiti complex Cervus elaphus not
indigenous to the state of Washington. Upon examination by department
biologists, animals deemed to exhibit behavioral (vocalization), morphological
(size, rump patch, color), or biochemical indications of such influence
(hemoglobin, superoxide dismutase, transferrin and post-transferrin, or others
to be developed) may not be imported.
(b) A person currently holding any member of
the genus Cervus elaphus identified in subsection (2) of this
section must immediately submit to the director records of genetic tests
conducted by a professionally recognized laboratory to identify red deer
genetic influence, as defined in (a) of this subsection, for each individual
cervid. Genetic testing will be at the possessor's expense. Any animals
identified as red deer or having nonindigenous genetic influence must be
destroyed, removed from the state, or neutered immediately.
(c) The director may require wildlife listed
in subsection (2) of this section that are lawfully held in captivity to be
tested for brucellosis (Brucella abortus), tuberculosis
(Myco-bacterium bovis and Mycobacterium
tuberculosis), menin-geal worm (Paralophostrongylus
tenuis), and muscle worm (Elaphostrongylus cervis) in
accordance with the procedures specified in department of agriculture WAC
16-54-180.
The director may also require testing for other diseases or parasites
determined to pose a risk to wildlife. Results of those tests must be filed
with the director as required.
(13)
Reporting:
(a) A person holding wildlife listed in
subsection (2) of this section in captivity must submit a completed report no
later than March 30, 1993, and then no later than January 31 of each year, or
as otherwise required by the director, on a form provided by the
department.
(b) Persons possessing
wildlife listed in subsection (2) of this section must notify the director
within 10 days of any change of such persons' address and/or location of the
holding facility.
(14)
Inspection: All holding facilities for captive wildlife located in
the state are subject to inspection, conducted at a reasonable time, for
compliance with the provisions of this section.
(15)
Notification and disposition of
diseased animals:
(a) Any person who
has reason to believe that wildlife being held pursuant to this rule have
contracted or been exposed to a dangerous or communicable disease or parasite
must notify the department immediately.
(b) Upon reason to believe that wildlife held
pursuant to this rule have contracted or been exposed to a dangerous or
contagious disease or parasite, the director may order inspection of such
animals by a licensed, accredited veterinarian, certified fish pathologist, or
inspection agent. Inspection will be at the possessor's expense.
(c) The director will determine when
destruction of wildlife or quarantine, disinfection, or sterilization of
facilities is required at any facility holding wildlife pursuant to this rule.
If the director determines that destruction of wildlife or quarantine,
disinfection, or sterilization of facilities is required, he or she will issue
a written order to the possessor describing the procedure to be followed and
the time period for carrying out such actions. The destruction of wildlife or
quarantine, disinfection, or sterilization of facilities will be at the
possessor's expense.
(16)
Quarantine area:
(a) Facilities
holding wildlife listed in subsection (2) of this section must have an approved
quarantine facility within its exterior boundary or submit an action plan to
the director that guarantees access to an approved quarantine facility within
the state of Washington.
(i) An approved
quarantine facility is one that meets criteria set by the Washington department
of agriculture in chapter 16-54 WAC.
(ii) The quarantine area must meet the tests
of isolation, separate feed and water, escape security, and allowances for the
humane holding and care of its occupants for extended periods of
time.
(b) If quarantine
becomes necessary, the possessor of any wildlife requiring quarantine must
provide an on-site quarantine facility or make arrangements at the possessor's
expense to transport his or her wildlife to an approved quarantine
facility.
(17)
Seizure:
(a) The department may
seize any unlawfully possessed wildlife.
(b) The cost of any seizure or holding of
wildlife may be charged to the possessor of the wildlife.
(18) Violation of this section is a
misdemeanor punishable under
RCW
77.15.750, Unlawful use of a department
permit-Penalty.
