- (1) No state fireworks license is required to purchase or use explosive pest control devices (EPCDs); however, as they are classified explosive devices and regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal explosives permit is required.
- (2) In order to purchase or use EPCDs, a federal explosives permit is required unless purchased by a government agency in accordance with RCW 70.77.311.
(3) For commercial fishers and licensed commercial fishing boat owners to receive or purchase EPCDs for use on pinnipeds (seals and sea lions), a written plan is needed to receive a Certificate of Inclusion, issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration.
- (a) The marine mammal management plan should describe the wildlife management problem that requires use of such devices.
- (b) The frequency and duration of using EPCDs.
- (c) The quantity of EPCDs is of a quantity no greater than required to control the problem described.
- (4) Unless specifically required to be used, EPCDs are not to be used when a burn ban is in place or there is an increased fire danger.
- (5) EPCDs are not to be used in a reckless or malicious manner that is not reasonable or prudent that threatens to injure or kill wildlife or persons.
- (6) The state fire marshal will notify the Washington state department of fish and wildlife of any violations.
- (7) Penalties for violations of this section are provided in WAC 212-17-515.
[Statutory Authority: RCW 70.77.250. WSR 15-22-082, § 212-17-045, filed 11/3/15, effective 1/1/16; WSR 84-23-009 (Order FM 84-05), § 212-17-045, filed 11/9/84. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. WSR 82-22-068 (Order FM 82-10), § 212-17-045, filed 11/2/82.]