Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 2 >

1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.

AGO 1992 NO. 4 >

1.   If an individual lawfully acquires wildlife in another state and lawfully brings it into Washington, the wildlife is the property of the individual, not the State.  However, to lawfully bring wildlife into Washington an individual must comply with regulations of the Department of Wildlife and the individual's ownership is subject to the overarching regulatory authority of the State. 2.   The Department of Wildlife has the authority to regulate deleterious exotic wildlife. Regulations adopted by the Department to regulate deleterious exotic wildlife do not conflict with RCW 77.12.010, which provides that nothing contained herein shall be construed to infringe on a private property owner's control over his or her private property.