For purposes of assisting property owners in managing animals causing damage to private property, the director or his/her designee may issue permits to wildlife control operators (WCOs). Only WCOs who are certified by the department qualify for such a permit.
(1) If the certification for a WCO included training for the use of live traps, the WCO may use live traps to capture any animal causing an animal problem, as that term is defined in RCW 77.15.192
(2) Depending on a WCO's certification training, he or she may use body gripping traps, but only if he or she complies with RCW 77.15.194
(3) WCOs who trap wildlife under the authority of a department permit may not release or dispose of such wildlife without the consent of the property owner where the wildlife is to be released or disposed.
(4) WCOs must submit a complete annual report of all control activity on the form supplied by the department. The report must be received or postmarked on or before the twentieth day of April each year. Failure to submit a report may result in the department revoking the WCO's certification and permit and suspending the person's right to future certification and permits.
(5) WCO certification and permits will be revoked and future certification and permits denied by the director or issuing authority when, in the judgment of the department:
(a) Information contained in a WCO's application was inaccurate or false;
(b) The WCO fails to comply with department statutes or rules; or
(c) The WCO violates a trapping or other wildlife law.
(6) A WCO who provides false or misleading information in his or her WCO certification application may be punished under RCW 9A.76.175
or 40.16.030. A WCO who fails to comply with department statutes or rules as required by his or her WCO certification and permit may be punished under RCW 77.15.750
. A WCO who violates trapping or other wildlife laws may be punished under the appropriate statute in Title 77 RCW for that crime.
(7) If the initial application for WCO certification is denied or revoked, or the application to renew a WCO's certification is denied or revoked, the department shall provide the applicant, in writing, a statement of the specific reason(s) for the denial or revocation. The applicant may request an appeal in accordance with chapter 34.05
RCW. Appeal requests shall be filed in writing and returned within twenty days from the mailing date of the denial and be addressed to WDFW Legal Services Office, 600 Capitol Way North, Olympia, Washington 98501-1091.
(8) WCO certification and permits are valid for three years.
(9) It is unlawful to trap, harass, or otherwise control wildlife on the property of another for a fee or other consideration without a WCO certification and permit.
(10) The department may develop additional conditions and procedures, to include training requirements, for WCOs consistent with this rule.
[Statutory Authority: RCW 77.04.012
, 77.04.020, and 77.04.055. WSR 10-13-182 (Order 10-156), § 232-36-065, filed 6/23/10, effective 7/24/10.]