It is unlawful to operate a game farm without a current,
valid Washington state game farm license. It is unlawful to sell those species
listed in subsection (2) of this section without a current, valid Washington
state game farm license except with the written permission of the
director.
(1) Under a current, valid
license issued by the department, game farms licensed prior to January 1, 1992,
may continue to possess, propagate, sell and transfer wildlife they lawfully
possessed on January 1, 1992. Transfers of wildlife other than those species
listed under subsection (2) are restricted to licensed game farms authorized by
written license to possess said wildlife.
(2) Game farms licensed on or after January
1, 1992, may purchase, possess, propagate, sell or transfer the following
wildlife, except species designated as deleterious wildlife: Game birds -
Pheasant, of the genus Phasianus; gray partridge of the genus
Perdix; chukar of the genus Alec-toris; quail
of the genus Colinus, Callipepla, and
Oreortyx; waterfowl of the family
Anatidae.
(3)
Application for a game farm license shall be made on a form provided by the
department.
(4) The director or
designee of the director may issue, with conditions or restrictions, a game
farm license, if the applicant meets the requirements of subsection (1) or (2)
above and complies with the following criteria:
(a) The applicant is the owner or tenant of
or has a possessory interest in the lands, waters, and riparian rights shown in
the application.
(b) The rearing
and holding facilities are adequate and structurally sound to prevent the
egress of game farm wildlife.
(c)
Operating conditions are clean and humane.
(d) No hazards to state wildlife exist from
the operation.
(e) The license
covers only the immediate premises and areas described on the application where
wildlife will be held.
(5) Holders of a game farm license must make
annual reports no later than the 15th of January to the director on forms to be
furnished by the department. Violation of this subsection is an infraction,
punishable under RCW 77.15.-160.
(6) A licensed game farm must be inspected
annually. All inspection costs will be paid by the licensee. The inspection
must occur during the months of June, July, or August.
An inspection form will be provided by the department and
must be completed and signed by a licensed veterinarian or an agent authorized
by the department. The inspection form must accompany the annual report and be
submitted to the director no later than the 15th day of January.
(7) During June, July, or August,
a licensed game farm must conduct annual avian influenza disease testing of ten
percent or a maximum of thirty representative game birds on-site. Testing
required under this subsection and subsection (8) of this section must be
performed by a qualified testing agent approved by WDFW. Testing is not
required for the year in which all birds on-site were transferred from a game
farm that has complied with the testing requirements of this rule within one
year of the transfer. Copies of testing records must be kept for one year. The
licensee is responsible for all testing costs. Any test results indicating the
presence of avian influenza disease must be reported immediately to the
Washington state department of agriculture state veterinarian.
(8) If birds being held on the game farm
exhibit symptoms of respiratory infection, diarrhea, central nervous system
malfunction, or more than twenty-five percent flock mortality, licensed game
farms must test for one or more of the following diseases as soon as possible
upon the observation of symptoms: Mycoplasm gallisepticum and Mycoplasm
synoviae, pullorum, salmonella, histomoniasis, and exotic Newcastle disease.
The licensee is responsible for all testing costs.
(9) A game farm license is not required for
captive-bred mink, Mustela vison, and captive-bred silver fox,
Vulpes fulva, lawfully acquired from a licensed breeder or fur
farm and held for fur farming purposes.
(10) A game farm license may be revoked and
any future licenses may be denied by the director or director's designee if the
department determines:
(a) Information
contained in a game farm license application was inaccurate or false;
(b) The game farm licensee fails to comply
with department statutes or rules.
(11) Revocation of a game farm license shall
remain in effect until all issues pertaining to revocation are
resolved.
(12) If the initial
application or the application to renew a game farm license is denied or
revoked, the department will provide the applicant, in writing, a notice
containing a statement of the reason(s) for the denial or revocation.
(a) The applicant may request an appeal to
contest the denial or revocation pursuant to chapter 34.05 RCW. The department
must receive an appeal request in writing within twenty days from the mailing
date of the notice of denial or revocation. Address appeal requests to WDFW
Legal Services Office, P.O. Box 40100, Olympia WA 98504-0100.
(b) A notice contested by written appeal is
final when that proceeding ends in a final order pursuant to chapter 34.05 RCW,
or is otherwise dismissed.
(c) If
there is no timely request for an appeal, then the department's denial or
revocation of the permit is final and effective on the 21st calendar day
following the mailing date of the notice of denial or revocation.
(13) A game farm license applicant
who provides false or misleading information in their game farm license
application may be subject to prosecution under
RCW
9A.76.175 or
40.16.030.
A game farm license holder who fails to comply with department statutes or
rules as required by their game farm license may be subject to prosecution
under
RCW
77.15.340.
