Section 19-1599. DEFINITIONS


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    1599.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:

     

    Africanized bee - a hybrid variety of Apis mellifera produced by the cross-breeding of the aggressive African honey bee Apis mellifera scutellata with a European honey bee subspecies.

     

    American foulbrood – also known as Paenibacillus larvae spp. larvae is a rod-shaped, spore-forming bacterium that affects bee larvae.

     

    Angling - fishing by hook and line.

     

    Animal Care and Control Agency - the agency established by Section 3 of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code §§ 8-1802 et seq. (2013 Repl.)).

     

    Apiary - a place where a colony is kept.

     

    Baitfish - all species of small fish commonly called minnows, shiners, chubs, or by whatever name described, and including small fish of any other species commonly used as bait, less than six inches (6”) in total length, but not including any fish with a minimum size limit or protected.

     

    Bee disease - an abnormal condition resulting from action by a parasite, predator, or infectious agent.

     

    Beekeeper - a person who maintains a honey bee colony.

     

    Brood - the embryo and egg, larva, and pupa stages of a bee.

     

    Certificate of Apiary Inspection - certification required to transport a colony, portion of a colony, bees on combs, empty used combs, or used hives out of the District.

     

    Colony - a hive and its equipment and appurtenances, including bees, brood, comb, pollen, and honey.

     

    Comb - the assemblage of cells containing a living stage of a bee at a time prior to emergence as an adult.

     

    Commensal rodent - Norway rat, roof rat, and house mouse. A rat or mouse found within a structure or proximally located at the external base of a structure may be treated as a  commensal rodent for purposes of §§ 1570 to 1579.

     

    Complaint - a service call received by a wildlife control operator or services provider for wildlife control services.

     

    Conservation or law officer - any law enforcement official charged with enforcement of the fisheries regulations of the District of Columbia.

     

    Department - the Department of Energy and Environment.

     

    Director - the Director of the Department of Energy and Environment.

     

    District - the District of Columbia.

     

    Domestic animal - any animal that is kept by humans for food, work, or as a pet that depends on a human for food, shelter, and water. Including, but not limited to dogs, cats, sheep, chickens, goats, horses, rabbits, and ferrets.

     

    Exclusion device - a product used to prevent wildlife from entering an area.

     

    Flyway barrier - barrier to encourage bees leaving and entering their colony to fly upward, minimizing unwanted human contact.

     

    Hive - a container used for the housing of a colony.

     

    Honey bee or bee - Apis mellifera or another species designated as suitable for an urban environment by the Director of the District Department of the Environment.

     

    Indigenous - species of fish or other aquatic organisms that are native or introduced to the water of the District of Columbia prior to implementation of fisheries regulations.

     

    Langstroth-type hive - standard bee hive used in beekeeping with removable four-sided frames.

     

    Licensed wildlife rehabilitator - wildlife rehabilitator licensed in any state or the District or a person or agent credentialed by the District of Columbia or any State to treat sick, orphaned, or injured wildlife within the District.

     

    Live trap - a trap that is intended to capture an animal without killing.

     

    Migratory bird - a bird protected by the Migratory Bird Treaty Act, 16 U.S.C. §§ 703–712, as defined in the Code of Federal Regulations for the U.S. Fish and Wildlife Service in 50 C.F.R. § 10.12 and listed in 50 C.F.R. § 10.13.

    Mist net - a virtually invisible nylon mesh net suspended by two poles, often used by biologist to capture birds and bats for banding and other research.

     

    Multi-unit building - a building with at least four (4) separate housing units.

     

    National Fishing Week (NFW) - a weeklong nationwide festivity, usually the first week in June, that brings government agencies, the sport fishing industry, conservation clubs, nonprofit organizations, local and corporate businesses and the American public together to sponsor fishing and educational events.

     

    Nonresident - a person who does not reside in the District of Columbia. Commercial - the taking of fish or other aquatic organisms for sale or profit.

     

    Non-residential property - any property which does not house a residential building, including but not limited to office or retail buildings, shopping centers, industrial parks, churches, hotels, school learning centers, hospitals, sports arenas, retail stores, and transportation terminals.

     

    Nuisance  a condition such as aggressive bee behavior, colony placement or movement that interferes with pedestrian traffic or causes a substantial or unreasonable interference with the right to property, comfort, or safety of persons residing on or adjacent to the hive premises, and overcrowded, deceased, or abandoned hives.

     

    Person - an individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or any other private entity.

     

    Potential outbreak - an increase in the number or frequency of cases of infectious disease, or a change in disease eruption patterns, that could reasonably lead to or signify an outbreak or epidemic.

     

    Property - a parcel of land where an apiary is located.

     

    Quarantine - a period of enforced isolation to contain and prevent the spread of disease. During this time bees, bee colonies, or bee equipment may not be moved from the quarantined  property without the permission of the Department.

     

    Remote trap technology - real-time trap monitoring with devices that are fail safe and that self-report.

     

    Resident - a person who resides in the District of Columbia.

     

    Rocket net - a type of net that uses a projection system to capture a large number of animals at once.

     

    Scientific collecting - the collection of fish or other aquatic organisms for scientific purposes by educational institutions, other organizations, or individuals engaged in scientific research.

     

    Snagging - the taking of a fish by hooking in any part of the body other than the mouth.

     

    Species of Greatest Conservation Need (SGCN) - an animal species that is listed in the District’s Wildlife Action Plan as a species in need of conservation through targeted management actions, based on a set of criteria that are detailed in the Wildlife Action Plan. This includes animal species whose populations are imperiled, vulnerable or declining, or have their habitat at risk.

     

    Target wildlife - the specific species of wildlife that a wildlife control operator or wildlife control service provider intended to capture.

     

    Threatened or endangered species - species on the list established pursuant to the Endangered Species Act, 16 U.S.C. §§ 1531-1534, and set forth in the Code of Federal Regulations at 50 C.F.R. Part 17.

     

    Top bar hives - a bee hive that consists of an array of horizontal bars from which honey bees attach and build wax combs.

     

    Total Length - the length from the anterior-most part of the fish to the tip of the longest caudal fin rays.

     

    Undeveloped land - idle land that has not been improved and is not in the process of being improved, and has no structures, facilities, or improvements intended for human use or occupancy. This includes land used exclusively for streets, highways, or commercial  agriculture.

     

    Widespread outbreak - occurrence of an infectious disease over a wide geographic area or affecting a large proportion of the population, also known as an epidemic.

     

    Wildlife - includes any free-roaming wild animal, but shall not include domestic animals, commensal rodents, invertebrates, and fish.

     

    Wildlife control - to harass, repel, evict, exclude, possess, transport, liberate, reunite, rehome, take, euthanize, kill, handle, catch, capture, release, surrender, displace, or relocate wildlife.

     

    Wildlife control operator - person who is licensed to perform wildlife control services by the Department, but shall not include the Animal Care and Control Agency or a property manager as defined by D.C. Official Code § 47-2853.141.

     

    Wildlife control services provider - the operator of a business which involves the charging of a fee for services in wildlife control.

     

     

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), Sections 211 and 219 of the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-1825.01 and 8-1825.09 (2013 Repl.)), as amended by Title IV, Subtitle B of the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; 61 DCR 8045 (August 8, 2014)), Mayor’s Order 2015-068, dated February 4, 2015, and Mayor’s Order 2015-191, dated July 23, 2015.

source

Final Rulemaking published at 34 DCR 2028, 2033 (March 27, 1987); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000); as amended by Final Rulemaking published at 62 DCR 11540 (August 21, 2015); as amended by Final Rulemaking published at 63 DCR 6084 (April 22, 2016).