WSR 16-03-045
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-06-Filed January 14, 2016, 2:26 p.m., effective February 14, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The revision of WAC 232-12-284 clarifies to both department staff and the general public that bighorn sheep heads/horns picked up afield are "wildlife found dead" (as per WAC 232-12-287), and thus not legally retained. It clarifies that a permit for selling heads/horns of bighorn sheep (required under WAC 232-12-071) would only be issued when such sale benefits bighorn conservation or management. Finally, it provides a mechanism whereby holders of old bighorn mounts, horns or heads that were legally obtained prior to the currently operating marking system (and thus are technically illegal under existing language) can obtain permits and thus have these animals marked and formally legitimized by the department.
Reasons Supporting Proposal: This rule change proposal was discussed by the fish and wildlife commission and a public hearing was held at the November 6, 2016, fish and wildlife commission meeting. The proposed changes were adopted by the commission at the same meeting. The changes will clarify marking requirements for bighorn sheep and provide a mechanism whereby people who obtained bighorn sheep horns, heads, or mounts prior to the establishment of marking requirements may obtain a permit to possess those parts or mounts lawfully.
Citation of Existing Rules Affected by this Order: Amending WAC 232-12-284.
Adopted under notice filed as WSR 15-19-156 on September 23, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 6, 2015.
Brad Smith, Chair
Fish and Wildlife Commission
AMENDATORY SECTION (Amending WSR 15-10-048, filed 4/29/15, effective 5/30/15)
WAC 232-12-284 Bighorn sheep-Marking requirements.
(1) For the purpose of this section, horns are defined as the hollow sheath of bighorn sheep ram. The horns do not have to be paired and may include one horn.
(2) It is unlawful for a person who kills a bighorn sheep ram taken in Washington to fail, within ten days after acquisition, to personally present the horns for inspection and permanent marking at a department office or location designated by a department representative. A department employee shall permanently mark one of the horns of each lawfully acquired bighorn sheep. A violation of this subsection is punishable under RCW
77.15.280 (1)(c).
(3) It is unlawful for any person to possess the horns of a bighorn sheep ram originating in Washington except as described in subsections (2) and (4) of this section. Horns of bighorn sheep found dead in Washington must be left in the field. A violation of this subsection is punishable under RCW
77.15.410.
(4) It is unlawful to offer for sale, sell, purchase, or barter, bighorn sheep horns without a written permit authorized by the director. Permits will only be granted where such sale, purchase, or barter will specifically benefit bighorn sheep conservation or management. It is unlawful for any person who transfers ownership or possession of the horns of a bighorn sheep ram
that have been permanently marked to fail to give written notice of the transfer to the department within
((ten)) thirty days after the transfer.
In the case of horns originating from a bighorn sheep legally obtained prior to the initiation of permanent marking in the jurisdiction of its origin, the director is authorized to issue a permit for possession (but not for resale); such a permit must subsequently be retained with the horns. After such a permit is issued, the horns must be presented for permanent marking to a WDFW office within thirty days. A violation of this subsection is punishable under RCW
77.15.750, provided it does not involve trafficking of bighorn sheep or the parts thereof.
((A violation of this subsection involving the trafficking of bighorn sheep or the parts thereof is punishable under RCW 77.15.260.))
