Current through Register Vol. 24-18, September 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.
(3) All
facilities must be listed on the permittees' permits.
(4)
Oiled-wildlife facility
requirements. The facility requirements described in this section
address the health and safety of oiled alcids. For minimum housing/pen and pool
requirements for species other than alcids, refer to the most current edition
of the National Wildlife Rehabilitators Association and International Wildlife
Rehabilitation Council's Minimum Standards for Wildlife
Rehabilitation.
(5)
Oiled-wildlife facility requirements - Air temperature and air exchange
requirements within indoor areas.
(a)
Air temperature: A permittee must ensure that the air temperature in all indoor
areas where live birds are housed is adjustable and can be maintained at
between 65°F -85°F. When the number of birds in an oiled bird
rehabilitation facility at a given time exceeds fifty, the following
requirements also apply:
(i) Intake and
stabilization areas must be air-temperature controlled independently of other
oiled bird rehabilitation facility areas. However, intake and stabilization
areas may be controlled together;
(ii) Wash/rinse and drying areas must be
air-temperature controlled independently of other oiled bird rehabilitation
facility areas. However, wash/rinse and drying areas may be controlled
together; and
(iii) The
isolation/intensive care unit must be air-temperature controlled independently
of other oiled bird rehabilitation facility areas.
(b) Air exchange: A permittee must ensure
that all indoor areas where live birds are housed allow the exchange of the air
volume a minimum of ten times per hour with fresh air from outside.
(c) The fresh-air exchange rate for any given
indoor area may be reduced by up to ninety percent of the fresh air by use of
an air-recirculation system that employs a high efficiency particulate air
(HEPA) filter and an activated carbon filter.
(6)
Oiled-wildlife facility
requirements. When the number of birds in an oiled bird rehabilitation
facility at a given time exceeds fifty, the following requirements also apply:
(a) Intake and stabilization areas must be
independent of other oiled bird rehabilitation facility air-exchange systems,
but they may be combined on the same air-exchange system;
(b) Wash/rinse and drying areas must be
independent of other oiled bird rehabilitation facility air-exchange systems,
but they may be combined on the same air exchange system;
(c) The isolation/intensive care unit
air-exchange system must be independent of other oiled bird rehabilitation
facility areas; and
(d) The
morgue/necropsy air-exchange system must be independent of other oiled bird
rehabilitation facility areas.
(7)
Oiled-wildlife facility
requirements - Intake space requirements. Intake of oiled birds must
occur in an indoor area. Forty square feet of contiguous floor space must be
provided for each group of sixty live or dead oiled birds, or portion of each
group of sixty, that are awaiting intake. The floor of the intake space must be
impermeable and water must not be allowed to accumulate on the floor.
(8)
Oiled-wildlife facility
requirements - Stabilization resource requirements. Stabilization must
occur in an indoor area. Oiled bird rehabilitation pen space and the associated
dedicated workspace must be provided in the stabilization area.
(a) Pen requirements: Oiled-wildlife pens
must be constructed to minimize potential injury, provide ventilation and meet
species-specific husbandry requirements as defined below or, for nonalcids, as
documented in the current edition of the National Wildlife Rehabilitators
Association and International Wildlife Rehabilitation Council's Minimum
Standards for Wildlife Rehabilitation.
(b) For oiled alcids, stabilization pens must
be:
(i) At least two feet in length by two
feet in width, by two feet tall;
(ii) Constructed with knotless nylon
net-bottoms with a one-half inch mesh size;
(iii) Constructed so that no point within the
pen is greater than two feet from a pen wall;
(iv) Constructed to provide a minimum of at
least 1.6 square feet of pen space per bird.
(c) Space requirements: In addition to the
space required for the oiled bird stabilization pens, a minimum of an
additional 3.2 square feet of dedicated workspace must be provided in the
stabilization area for each bird held in that area. The floor of the
stabilization area must be impermeable and water must not be allowed to
accumulate on the floor.
(9)
Oiled-wildlife facility
requirements - Wash/rinse resource requirements. Wash/rinse must occur
in an indoor area. A bird must have wash/rinse space and associated resources
made available within twenty-four hours after intake.
(a) Water requirements: A minimum of three
hundred gallons of fresh water with the following characteristics must be
available within each wash/rinse space for each oiled bird being washed and
rinsed. All water requirements listed below must remain available within the
specified range at all times.
(i) The water
temperature must be adjustable and maintainable at any given temperature
between 102°F - 108°F;
(ii)
The water hardness must be maintained between 34 mg - 85 mg calcium
carbonate/liter (2-5 grain hardness);
(iii) The water pressure must be maintained
between 40 -60 p.s.i.;
(iv) The
water flow rate must be no less than two gallons per minute from the wash/rinse
supply line measured with the wash/rinse nozzle in place.
(b) Space requirements: One hundred square
feet of contiguous floor space must be provided for each group of sixteen live
oiled birds, or portion of each group of sixteen, that are ready to be washed
and rinsed. The floor of the wash/rinse area must be impermeable and water must
not be allowed to accumulate on the floor. Wastewater from wash stations should
be disposed of appropriately.
(10)
Oiled-wildlife facility
requirements - Drying resource requirements. Drying must occur in an
indoor area. Oiled bird rehabilitation pen space and the associated dedicated
workspace must be provided in the drying area. Drying must be accomplished by
warming the air in the drying pen. The drying temperature must be adjustable
and maintained at any given temperature between 90°F - 106°F.
(a) Pen requirements. Oiled-wildlife pens
must be constructed to minimize potential injury, provide ventilation and meet
species-specific husbandry requirements as defined below or, for nonalcids, as
documented in the current edition of the National Wildlife Rehabilitators
Association and International Wildlife Rehabilitation Council's Minimum
Standards for Wildlife Rehabilitation.
(b) For alcids, drying pens must be:
(i) At least two feet in length by two feet
in width, by two feet tall;
(ii)
Constructed with knotless nylon net-bottoms with one-half inch mesh
size;
(iii) Constructed so that no
point within the pen is greater than two feet from a pen wall;
(iv) Constructed to provide a minimum of 2.7
square feet of pen space per bird.
(c) Space requirements: In addition to the
space required for drying pens, a minimum of an additional 3.2 square feet of
dedicated workspace must be provided in the drying area for each bird held in
that area. The floor of the drying area must be impermeable and water must not
be allowed to accumulate on the floor.
(11)
Oiled bird rehabilitation pool
resource requirements. Oiled bird rehabilitation pools must be filled
with fresh water. Oiled bird rehabilitation pool space must be available for
use immediately after a bird has been dried, and must be available until the
bird is released.
(a) Oiled bird
rehabilitation pool requirements: Water from oiled bird rehabilitation pools
may be recirculated within pools if the water is made oil-free. Each oiled bird
rehabilitation pool must:
(i) Have dimensions
so no point within the pool is greater than eight feet from a side of the
pool;
(ii) Have a breathable cover
available for use to prevent birds from escaping;
(iii) Have a constant supply of water
sufficient to maintain a minimum depth of three feet and an exchange rate of
not less than four and one-half times per day;
(iv) Be constructed so that water exiting the
pool comes from the surface of the pool so that floating debris and oil are
removed.
(b) Space
requirements:
(i) For alcids, a minimum of 7.5
square feet of water-surface space should be provided for each bird (e.g., a
twelve-foot diameter oiled bird rehabilitation pool may not house more than
fifteen alcids);
(ii) For
nonalcids, pools must meet the species-specific husbandry requirements as
documented in the most current edition of the National Wildlife Rehabilitators
Association and International Wildlife Rehabilitation Council's Minimum
Standards for Wildlife Rehabilitation;
(iii) Oiled bird rehabilitation pools must be
located within the area of the oiled bird rehabilitation facility and
constructed at least four feet away from other structures.
(12)
Oiled-wildlife facility
requirements - Semi-static areas.
(a)
Semi-static areas are spaces within an oiled bird rehabilitation facility where
the required size of the space will vary relative to the number of birds
present in the facility. Semi-static areas must be areas with impermeable
floors and water must not be allowed to accumulate on the floor.
(b) Space requirements:
(i) When the total number of birds in a
facility is less than fifty, there are no minimum space requirements for
semi-static areas;
(ii) When the
total number of birds in a facility is between fifty and one thousand, each
semi-static area listed below must be allocated the indicated space:
(A) Morgue/necropsy: Two hundred fifty square
feet.
(B) Animal food preparation:
Three hundred square feet.
(C) Dry
storage: One hundred square feet. May be accomplished off-site.
(D) Animal food freezer: One hundred square
feet. May be accomplished off-site.
(iii) When the total number of birds in a
facility is between one thousand one and two thousand, each semi-static area
listed above must be allocated two times the associated space;
(iv) When the total number of birds in a
facility is between two thousand one and three thousand, each semi-static area
listed above must be allocated three times the associated space, etc.;
and
(v) Space for the semi-static
area listed above must be accommodated as a part of an oiled bird
rehabilitation facility.
(13)
Oiled-wildlife facility
requirements - Static areas.
(a)
Static areas are dedicated spaces within an oiled bird rehabilitation facility
where the required size of the space does not vary, regardless of the number of
animals in the facility. Static areas must be indoor areas with impermeable
floors and water must not be allowed to accumulate on the floor.
(b) Space requirements:
(i) When the total number of birds in a
facility is less than fifty, there are no minimum space requirements for static
areas.
(ii) When the number of
birds in a facility exceeds fifty, each static area listed below must be
allocated the associated space.
(iii) All of the space associated with the
areas listed below must be accommodated as a part of an oiled bird
rehabilitation facility.
(c) Static area space requirements by
activity type:
(i) Isolation/intensive care
unit: Two hundred square feet;
(ii)
Medical lab: Two hundred square feet;
(iii) Laundry: Two hundred square feet; may
be accommodated off-site.
(14) Off-site facilities and care.
(a) A primary permittee is responsible for
ensuring that his or her off-site facilities, or those of his or her
subpermittee, meet all species- and treatment-stage-specific facility
requirements as provided by department rule.
(b) A primary permittee, or subpermittee
authorized to care for wildlife off-site from the wildlife rehabilitation
facilities, must have adequate facilities to house the species in his or her
care, based on the criteria for wildlife rehabilitation facilities outlined in
the most current edition of the National Wildlife Rehabilitators Association
and International Wildlife Rehabilitation Council's Minimum Standards for
Wildlife Rehabilitation.
(c) It is
unlawful for a subpermittee to care for wildlife in his or her off-site
facility, or for the primary permittee to transfer wildlife to the
subpermittee, unless the following requirements are met:
(i) There is a need for twenty-four-hour or
after-hours care, such as nestling care or nursing small mammals, or critical
care;
(ii) The off-site
subpermittee only houses and cares for the following species off-site:
Eastern gray squirrels, Douglas squirrels, opossum, mallard
ducks, pheasant, quail, rock dove, American robin, black-capped chickadee,
chestnut-backed chickadee, song-sparrow, dark-eyed junco, white-crowned
sparrow, house finch, house sparrow, and hummingbirds if the primary permittee
is permitted for those species;
(iii) The number of wildlife animals held at
the off-site facility does not exceed the total capacity of the primary
facility so that the primary facility does not use the off-site subpermittees
to increase capacity;
(iv) The
primary permittee would not exceed their permitted capacity if animals were
returned from the off-site subpermittee;
(v) The wildlife receives an initial intake
exam at the primary permittee's facility before it is transferred to the
subpermittee for off-site care;
(vi) The wildlife exhibits no signs of a
reportable disease;
(vii) The
subpermittee follows a treatment plan developed by the veterinarian or
directions from the primary permittee;
(viii) The subpermittee possesses a copy of
the wildlife rehabilitation permit at all times while in possession of
wildlife, including while transporting wildlife for the wildlife rehabilitation
facility. It is unlawful for an off-site subpermittee to release wildlife from
their facility without a release evaluation by the primary permittee.
(d) It is unlawful for a
subpermittee to house, possess, care for, or treat large carnivores at his or
her off-site facilities.
(e) It is
unlawful for a subpermittee to house, possess, care for, or treat state or
federally designated threatened , endangered, or sensitive species at his or
her off-site facilities.
(f)
Off-site subpermittees may not operate their own facilities.
(15) Inspections.
(a) Fish and wildlife officers or other
agents of the department may inspect without warrant or advanced notice at
reasonable times and in a reasonable manner all wildlife rehabilitation
facilities and premises, cages, enclosures, all records required by the
department for wildlife rehabilitation, and all equipment, and
animals.
(b) If wildlife
rehabilitation facilities are on property owned by a person other than the
permittee , the permittee must submit a signed, dated statement in which the
property owner gives written permission to the permittee to engage in wildlife
rehabilitation on the property.
(16) A violation of this section by a
permittee or a subpermittee is punishable under
RCW
77.15.750(1), Unlawful use
of a department permit-Penalty.
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), §
232-12-847, filed 8/30/13,
effective 9/30/13.
