SPOKANE – The Washington Department of Fish and Wildlife (WDFW) is inviting public comments on proposed changes to the current “caught-in-the-act provision” around lethal removal of wolves caught attacking livestock.
Under the current Washington Administrative Code WAC 220-440-080, in the eastern third of Washington where wolves are protected by the state but not listed as endangered under federal law, a livestock owner (or their family, employee, or documented representative) may kill one gray wolf without a permit if it is attacking livestock.
“The revision of this rule is aimed at clarifying ambiguities around when and how lethal removal of wolves may occur and addressing livestock-wolf conflict management,” said Subhadeep Bhattacharjee, WDFW wolf and grizzly bear policy lead. “It is central to balancing wolf recovery with mitigating livestock loss due to wolf-livestock conflict.”
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Proposed changes to the rule
Proposed changes to the existing rule include:
- Replacing the word “agent” with “documented representative” as one of the eligible entities that can legally kill one gray wolf without a permit when that wolf or multiple wolves are attacking a domestic animal or animals owned or managed by those entities.
- Clarifying that a single wolf can be taken by these specified individuals while that wolf or multiple wolves are attacking domestic animals.
- Including general information to avoid attracting wolves by leaving sick, injured, or dead animals in grazing areas.
- Clarifying who can be a “documented representative” of an owner of domestic animals and how this person can be authorized by the owner to manage or supervise those animals.
- Correcting the verb tense in the definition of the word “attack” in WAC 220-440-020.
Environmental review and comment process
A State Environmental Policy Act (SEPA) determination has also been issued for this rule making proposal. SEPA documents related to this proposal can be reviewed at the WDFW SEPA webpage.
The public comment periods for this rule making and the associated SEPA determination are open through 11:59 p.m. on Nov. 23, 2026. The public may submit comments about the rule making online, via email, by phone (1-855-925-2801, project code 7549), or by mailing WDFW Wildlife Program, P.O. Box 43200, Olympia, WA 98504. Comments specific to the SEPA determination can be submitted online or via email.
WDFW will hold a briefing and public hearing for this rule making during the November Washington Fish and Wildlife Commission meeting in Spokane. The meeting will be live streamed and public comments will be accepted in person or online. The specific day and time of the public hearing will be available in the Commission meeting agenda. Participants must register in advance to provide public comment either online or in person.
Public participation
All members of the public are invited to share their perspectives and participate in WDFW public feedback opportunities regardless of race, color, sex, age, national origin, language proficiency, religion, sexual orientation, gender identity and/or expression, status as a veteran, or basis of disability.
The Washington Department of Fish and Wildlife works to preserve, protect and perpetuate fish, wildlife and ecosystems while providing sustainable fish and wildlife recreational and commercial opportunities.
