Chapter 22. Wildlife Protection.
Subchapter I. General Provisions.
§ 8–2201. Definitions.
For the purposes of this subchapter, the term:
(1) “Animal Care and Control Agency” means the agency established by § 8-1802.
(2) “Department” means the Department of Energy and Environment.
(3) “Director” means the Director of the Department of Energy and Environment.
(4) “Licensed wildlife rehabilitator” means a wildlife rehabilitator licensed in any state or the District.
(5) “Wildlife” shall include any free-roaming wild animal, but shall not include:
(A) Domestic animals;
(B) Commensal rodents;
(C) Invertebrates; and
(D) Fish.
(6) “Wildlife control” means to harass, repel, evict, exclude, possess, transport, liberate, reunite, rehome, take, euthanize, or kill wildlife.
(7) “Wildlife control operator” means a person who is licensed to perform wildlife control services under § 8-2204, but shall not include the Animal Care and Control Agency or a property manager as defined by § 47-2853.141.
(8) “Wildlife control services provider” means the operator of a business which involves the charging of a fee for services in wildlife control.
§ 8–2202. Wildlife control service providers.
(a) A wildlife control services provider shall recommend and employ nonlethal means in preference to lethal means for the control of problem wildlife.
(b) All traps and exclusion devices used by a wildlife control services provider shall be labeled with the name, address, and phone number of the wildlife control service provider.
(c) Traps used by a wildlife control services provider shall be set in a manner designed to catch the target animal and in the manner likely to avoid capture of and harm to non-target animals.
(d) Wildlife shall be captured, handled, and, when permissible, transported, in a manner to ensure against causing unnecessary discomfort, behavioral stress, or physical harm to the animal, including providing protections against weather extremes.
(e) All traps shall be checked by the wildlife control services provider in a timely and reasonable manner, but no more than 24 hours after being set, and at least once every 24 hours thereafter; provided, that traps shall be checked more frequently if environmental conditions require.
(f) Captured non-target wildlife shall be released immediately at the site of capture. Captured non-target wildlife that pose an unreasonable risk to the health and safety to persons or domestic animals or that are injured and need veterinary care and rehabilitation shall:
(1) With permission of the property owner, be relocated to a suitable location where nuisance problems are unlikely to occur;
(2) Transferred to a wildlife rehabilitator, if the animal is sick, injured, or abandoned; or
(3) Euthanized if relocation or rehabilitation are not feasible.
(g) Captured target wildlife shall be:
(1) Released at the site of capture;
(2) With permission of the property owner, be relocated to a safe location where nuisance problems are unlikely to occur;
(3) Transferred to a wildlife rehabilitator, if the animal is sick, injured, or abandoned; or
(4) If none of the other options are feasible, euthanized.
(h) Wildlife expressing symptoms of disease shall be taken to a licensed wildlife rehabilitator or surrendered to the Animal Care and Control Agency for evaluation and assessment. Outbreaks or potential widespread occurrence of suspect diseases, such as avian botulism, shall be reported to the Department.
(i) A wildlife control services provider shall make every reasonable effort to preserve family units using humane eviction or displacement and reunion strategies and shall not knowingly abandon dependent young wildlife in a structure.
(j) Wildlife shall not be kept in captivity longer than 36 hours unless specifically authorized by the Department or unless reunion attempts are being employed. In the case of attempted reunion, a wildlife control services provider may hold wildlife in captivity for up to 72 hours.
(k) Captured wildlife shall be transported in covered, secure containers in such a way as to:
(1) Minimize stress to the animal and its exposure to the elements by covering the trap or vehicle with appropriate material;
(2) Ensure that the covering is of such material that the animal has an adequate supply of air to prevent overheating; and
(3) Minimize potential hazards to the general public.
(l) A wildlife control services provider shall not use sticky or glue traps to control any wildlife.
(m) A wildlife control services provider shall not use leghold and other body-gripping traps, body-crushing traps, snares, or harpoon-type traps to control any wildlife.
(n) A wildlife control services provider shall kill wildlife only by methods that conform to the most recently published Report of the American Veterinary Medical Association Panel on Euthanasia, unless otherwise prohibited by this chapter or rules promulgated by the Department.
(o) A wildlife control services provider shall use the available method of euthanasia that is the quickest, least stressful, and least painful to the animal under the circumstances.
§ 8–2203. Notice to clients.
Before undertaking any control measures, a wildlife control services provider shall provide to the client, in writing, the following:
(1) An assessment of the problem, including identification of possible causes of the problem;
(2) The methods and practices that may be used to resolve the problem, clearly specifying possible lethal and nonlethal means;
(3) Agreed-upon disposition of the animal;
(4) An estimate of the fee to be charged; and
(5) Where applicable, the methods and practices which the client may employ in the future to limit recurrence of the problem.
§ 8–2204. Wildlife control operator license.
(a) The Department shall implement a licensing program for wildlife control operators. After the program is implemented, a wildlife control operator shall not engage in the business of providing wildlife control services unless the person is licensed to do so under this chapter.
(b) The Director may deny a license if the Director has a reasonable belief that issuing a license to the applicant would pose a threat:
(1) To public health or safety; or
(2) Of cruelty to animals.
(c) The Director shall deny a license if the applicant has been convicted of an offense involving wildlife or cruelty to animals within the previous 10 years.
§ 8–2205. General wildlife control operator license conditions.
(a) To obtain a wildlife control operator license, an applicant shall:
(1) Be at least 18 years of age;
(2) Complete a wildlife control operator training class approved by the Department;
(3) Pass an examination approved by the Department;
(4) Pay a fee in an amount specified by the Department; and
(5) Comply with all additional licensing requirements established by the Department.
(b) A wildlife control operator may perform wildlife control only for wildlife that are designated on his or her license.
(c) The Department shall identify, by rule, the species of wildlife that may be controlled and specify the methods that may be used to control each species.
(d) Wildlife, or parts thereof, shall not be sold, bartered, traded, given to another person, or retained for any purpose; provided, that an animal may be given to a wildlife rehabilitator, veterinarian, or animal control officer for rehabilitation or euthanasia.
(e) The Department may, by rule, establish:
(1) Minimum liability insurance requirements for wildlife control operators to ensure protection of District residents; and
(2) Additional licensing requirements for wildlife rehabilitators.
(f) A wildlife control operator license shall not be transferable.
(g) A wildlife control operator license shall be renewed biennially.
§ 8–2206. Control of specific species.
(a) The use of any toxicant to control pigeons, European starlings, or house sparrows shall be prohibited. The Department may limit the use of toxicants on other species of wildlife where it is determined that the wildlife can be reasonably controlled using less harmful methods.
(b)(1) The Department, in consultation with the Department of Health, shall establish rules governing the control of feral dogs and cats in the District by wildlife control operators.
(2) The Department’s rules shall be consistent with the District’s policy in favor of trap, neuter, return, and adoption for controlling feral cats, as established by the Animal Care and Control Agency pursuant to § 8-1802.
(3) When no other methods of control have been adequate, the Department may authorize a wildlife control operator to control feral dogs or cats. Wildlife control operators controlling feral dogs or cats under such a permit shall abide by the requirements set forth in this chapter.
§ 8–2207. Service records and annual reports.
(a) A wildlife control operator shall maintain records of all wildlife control services documenting the following information at each service call:
(1) Client’s name and address;
(2) Date of service;
(3) Nature of the complaint;
(4) Methods employed to alleviate problem;
(5) Number and species of wildlife handled; and
(6) Method of disposition of all animals, including place of disposition of all animals.
(b) On or before January 15 of each year, a wildlife control operator shall submit an accurate summary of activities of the preceding calendar year on forms provided by the Department. The summary shall contain the following information:
(1) Name, phone number, and address of wildlife control operator;
(2) Total number of complaints;
(3) Number and kinds of wildlife handled and their disposition;
(4) Number of wildlife euthanized and method of euthanasia employed; and
(5) Period covered.
(c) A wildlife control operator shall keep all required records for 3 years and shall make the records available for inspection by the Director or his or her designee at any reasonable time.
(d) The Department shall keep records of all wildlife control operator summary reports and shall regularly compile and publish the information online.
(e) Within 2 years after March 8, 2011, the Department shall provide a report to the Council on the effectiveness of the regulation of wildlife control services, including the prohibitions on the use of certain control techniques, and recommendations for further legislation to improve regulation of wildlife control.
§ 8–2208. Suspension or revocation of license.
(a) The Department may suspend or revoke the license of a wildlife control operator if the applicant:
(1) Violates the provisions of this chapter or the conditions of the license; or
(2) Engages in fraudulent business practices.
(b) The Department shall suspend or revoke the license of a wildlife control operator if the applicant is convicted of an offense set forth in Chapter 10 of Title 22 [§ 22-1001 et seq.].
§ 8–2209. Fees.
(a) The Mayor shall establish a schedule of fees for licenses issued under § 8-2204.
(b) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this subchapter, or regulations promulgated pursuant to this subchapter.
§ 8–2210. Complaints.
The Department shall keep a record of any written or oral complaints lodged against a wildlife control services provider and shall document action taken by the Department in response to the complaint.
§ 8–2211. Enforcement.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(b) The Mayor may bring an action in the Superior Court of the District of Columbia to enjoin the violation or threatened violation of any provision of this chapter or of any rules promulgated under this chapter.
(c) The Mayor may impose civil infraction penalties, fines, and fees as alternative sanctions for any violation of this subchapter or a regulation promulgated pursuant to this chapter, pursuant to the procedures set forth in Chapter 18 of Title 2.
§ 8–2212. Applicability. [Repealed]
Repealed.
Subchapter II. Game and Fish.
§ 8–2221.01. Prohibition and control of net fishing in Potomac River. [Repealed]
Repealed.
§ 8–2221.02. Catching and killing bass. [Repealed]
Repealed.
§ 8–2221.03. “Person” defined; sale of bass prohibited. [Repealed]
Repealed.
§ 8–2221.04. Sale and possession of shad or herring. [Repealed]
Repealed.
§ 8–2221.05. Sale of small striped bass. [Repealed]
Repealed.
§ 8–2221.06. Use of explosives and drugs in fishing prohibited. [Repealed]
Repealed.
§ 8–2221.07. Penalties. [Transferred]
Transferred.
§ 8–2221.08. Confiscation of fishing equipment used in violation of the law. [Repealed]
Repealed.
§ 8–2221.09. Sale and possession of woodcocks. [Repealed]
Repealed.
§ 8–2221.10. Sale and possession of squirrels, rabbits. [Repealed]
Repealed.
§ 8–2221.11. Sale and possession of wild ducks, wild geese, brant, snipe or plover. [Repealed]
Repealed.
§ 8–2221.12. Sale and possession of water-rail or ortolan, reed bird and certain game birds. [Repealed]
Repealed.
§ 8–2221.13. Sale and possession of deer meat. [Repealed]
Repealed.
§ 8–2221.14. Catching, exposing for sale, or possession of wild birds. [Repealed]
Repealed.
§ 8–2221.15. Trapping, netting or ensnaring waterfowl. [Repealed]
Repealed.
§ 8–2221.16. Inspection of premises to detect violation of game laws. [Repealed]
Repealed.
§ 8–2221.17. Trespassing for purposes of hunting. [Repealed]
Repealed.
§ 8–2221.18. Shooting or having guns in possession on a Sunday. [Repealed]
Repealed.
§ 8–2221.19. Killing or capturing game beyond District jurisdiction. [Repealed]
Repealed.
§ 8–2221.20. Compensation for persons securing convictions under game laws. [Repealed]
Repealed.
§ 8–2221.21. Killing game birds and permits therefor. [Repealed]
Repealed.
§ 8–2221.22. Hunting squirrels, chipmunks and rabbits without a permit. [Repealed]
Repealed.
§ 8–2221.23. Killing of English sparrow or wild animal suffering from disease or injury. [Repealed]
Repealed.
§ 8–2221.24. Hunting or disbursing of ducks, geese, and waterfowl . [Repealed]
Repealed.
§ 8–2221.25. Sale, possession, or purchase of certain types of birds prohibited. [Repealed]
Repealed.
§ 8–2221.26. License for certain scientific purposes. [Repealed]
Repealed.
§ 8–2221.27. Sale of birds raised in captivity or for propagation. [Repealed]
Repealed.
§ 8–2221.28. Council’s authority with respect to wild animals, fishing licenses, and migratory birds; exception; “wild animals” defined.
The Council of the District of Columbia is authorized to restrict, prohibit, regulate, and control hunting and fishing and the taking, possession, and sale of wild animals in the District; provided, that the District assents to the provisions of the Dingell-Johnson Sport Fish Restoration Act, approved August 9, 1950 (64 Stat. 430; 16 U.S.C. §§ 777 -777n ), the Pittman-Robertson Wildlife Restoration Act, approved September 2, 1937 (50 Stat. 917; 16 U.S.C. §§ 669 -669k ), and 18 U.S.C. § 701 , including a prohibition against the diversion of fishing license fees paid by sport fishermen for any purpose other than the administration of the District’s fish and wildlife agency; provided further, that nothing herein contained shall authorize the Council to prohibit, restrict, regulate, or control the killing, capture, purchase, sale, or possession of migratory birds as defined in regulations issued pursuant to the Migratory Bird Treaty Act of July 3, 1918, as amended (16 U.S.C. §§ 703 -712 ) and taken for scientific, propagating, or other purposes under permits issued by the Secretary of the Interior; and provided further, that nothing herein contained shall authorize the Council to prohibit, restrict, regulate, or control the sale or possession of wild animals taken legally in any state, territory or possession of the United States or in any foreign country, or produced on a game farm, except as may be necessary to protect the public health or safety. As used in this section the term "wild animals" includes not-ordinarily-domesticated mammals, birds, fish, amphibians, invertebrates, and reptiles.
§ 8–2221.29. Inspection of business or vocational establishments requiring a license or permit or any vehicle, boat, market box, market stall or cold storage plant, during business hours.
Authorized officers and employees of the government of the United States or of the government of the District of Columbia are, for the purpose of enforcing the provisions of this chapter and the regulations promulgated by the Council of the District of Columbia under the authority of this chapter, empowered, during business hours, to inspect any building or premises in or on which any business, trade, vocation, or occupation requiring a license or permit is carried on, or any vehicle, boat, market box, market stall, or cold-storage plant. No person shall refuse to permit any such inspection.
§ 8–2221.30. Seizure of hunting and fishing equipment; sale at public auction and disposal of proceeds; disposal of property not sold at auction; payment of valid liens after sale.
(a) All rifles, shotguns, ammunition, bows, arrows, traps, seines, nets, boats, and other devices of every nature or description used by any person within the District of Columbia when engaged in killing, ensnaring, trapping, or capturing any wild bird, wild mammal, or fish contrary to this chapter or any regulation made pursuant to this chapter shall be seized by any police officer, or any designated civilian employee of the Metropolitan Police Department, upon the arrest of such person on a charge of violating any provision of this chapter or any regulations made pursuant thereto, and be delivered to the Mayor. If the person so arrested is acquitted, the property so seized shall be returned to the person in whose possession it was found. If the person so arrested is convicted, the property so seized shall, in the discretion of the court, be forfeited to the District of Columbia, and be sold at public auction, the proceeds from such sale to be deposited in the Treasury to the credit of the District of Columbia. If any item of such property is not purchased at such auction, it shall be disposed of in accordance with regulations prescribed by the District of Columbia Council.
(b) If any property seized under the authority of this section is subject to a lien which is established by intervention or otherwise to the satisfaction of the court as having been created without the lienor’s having any notice that such property was to be used in connection with a violation of any provision of this chapter or any regulation made pursuant thereto, the court, upon the conviction of the accused, may order a sale of such property at public auction. The officer conducting such sale, after deducting proper fees and costs incident to the seizure, keeping, and sale of such property, shall pay all such liens according to their priorities, and such lien or liens shall be transferred from the property to the proceeds of the sale thereof.
§ 8–2221.31. Penalties; prosecutions.
(a) Any person convicted of violating any provision of this chapter, or any regulation made pursuant to this chapter, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 90 days, or both.
(b) Prosecutions for violations of this chapter, or the regulations made pursuant thereto, shall be conducted in the name of the District of Columbia by the Corporation Counsel or any Assistant Corporation Counsel.
§ 8–2221.32. Delegation of functions by Secretary of the Interior and Mayor; Council to make regulations; “Mayor” and “Secretary of the Interior” defined.
(a) The Secretary of the Interior and the Mayor, respectively, are authorized to delegate any of the functions to be performed by them under the authority of this chapter.
(b) The Council of the District of Columbia is authorized to make such regulations as may be necessary to carry out the purpose of this chapter; provided, that any regulations issued pursuant to this chapter shall be subject to the approval of the Secretary of the Interior insofar as they involve any areas or waters of the District of Columbia under the appropriate administrative jurisdiction.
(c) As used in this chapter the word “Mayor” means the Mayor of the District of Columbia or the appropriate designated agent or agents, and the words “Secretary of the Interior” means the Secretary of the Interior or the appropriate designated agent or agents.
§ 8–2221.33. Existing authority of Secretary of the Interior not impaired.
Nothing in this chapter or in any regulation promulgated by the Council of the District of Columbia under the authority of this chapter shall in any way impair the existing authority of the Secretary of the Interior to control and manage fish and wildlife on the land and waters in the District of Columbia under the Secretary of the Interior’s administrative jurisdiction.
Subchapter III. Fishing.
Part A. Authorizing Fishing Licensure by Private Entities.
§ 8–2231.01. Definitions.
For the purposes of this part, the term:
(1) "Covered establishment" means a business, nonprofit enterprise, or nonprofit institution that does not have as its primary or sole business the sale of licenses for recreational fishing in District waters.
(2)(A) "District waters" means flowing and still bodies of water in the District, whether artificial or natural, whether underground or on land.
(B) "District waters" shall not include:
(i) Water on private property prevented from reaching underground or land watercourses; and
(ii) Water in closed collection or distribution systems.
(3) "Recreational fishing" means the non-commercial taking or attempted taking of finfish for personal use, sport, or pleasure, which are not for sale, trade, or barter.
(4) "Substantial change in ownership" means a transfer of 10% or more in the equity of or financial interest in a covered establishment.
§ 8–2231.02. Fishing licensure by covered establishments.
(a) The Mayor may sell licenses and licensure endorsements for recreational fishing in District waters.
(b) The Mayor may authorize a covered establishment to sell licenses and licensure endorsements for recreational fishing in District waters; provided, that the covered establishment:
(1) Designates and provides contact information for an agent to receive communication and notices from the Mayor;
(2) Operates a lawful establishment that is open to the public and maintains regular business hours;
(3) Demonstrates the ability to efficiently maintain an operation to sell licenses and licensure endorsements for recreational fishing in District waters;
(4) Demonstrates financial stability and responsibility;
(5) Provides a physically secure and readily-accessible location in an area where the public may obtain licenses and licensure endorsements for recreational fishing in District waters; and
(6) Employs sufficient personnel to efficiently accommodate purchasers of licenses and licensure endorsements for recreational fishing in District waters.
(c) In determining whether the covered establishment meets the requirements set forth in subsection (b) of this section, the Mayor may consider business performance records, business practices, financial resources, record of indebtedness, and other factors relating to financial reliability of the covered establishment, including:
(1) The location at which the covered establishment intends to sell licenses and licensure endorsements for recreational fishing in District waters, including the covered establishment's proximity to other sellers of licenses and licensure endorsements for recreational fishing in District waters;
(2) The number of customers who frequent the location;
(3) The volume of sales at the location; and
(4) The days and hours of operation.
(d) The Mayor shall develop an application for a covered establishment to obtain authorization pursuant to subsection (b) of this section. An owner, partner, director, or officer authorized to bind the covered establishment may complete and file the application on behalf of the covered establishment.
(e) The Mayor may develop criteria and an application for renewal of a covered establishment's authorization to sell licenses and licensure endorsements for recreational fishing in District waters. If the Mayor denies a renewal application, the covered establishment may submit an application pursuant to subsection (d) of this section to obtain authorization to sell licenses and licensure endorsements for recreational fishing in the District waters.
(f) Authorizations to sell licenses and licensure endorsements for recreational fishing in District waters shall be:
(1) Issued in the name of the covered establishment; and
(2) Valid for a period to be determined by the Mayor and shall expire at midnight of the last day of the period determined by the Mayor.
(g) Any covered establishment authorized under subsection (b) of this section shall:
(1) Accurately and promptly report transactions and sales as required by the Mayor;
(2) Make all financial settlements and payments promptly; and
(3) Hold in trust all monies received from the sale of fishing licenses, until such monies are transferred to the Mayor.
(h) The Mayor may, by regulation, require a covered entity that applies for authorization or renewal of authorization pursuant to subsection (b) or (d) of this section to pay an application fee, and may prorate such fees or costs based on the period of the authorization.
(i) Upon expiration of an authorization, a covered establishment shall cease selling licenses and licensure endorsements for recreational fishing in District waters, unless and until the covered establishment's authorization is renewed or reissued.
(j) The Mayor and a covered establishment authorized pursuant to subsection (b) of this section shall provide, upon request, without cost, any license and licensure endorsement for recreational fishing, sold pursuant to this section, to any individual holding a tribal identity card indicating that the individual is an enrolled member of:
(1) The Piscataway Indian Nation; or
(2) The Piscataway Conoy Tribe.
§ 8–2231.03. Denial, revocation, or suspension of authorization.
(a) The Mayor may deny, revoke, or suspend an authorization issued pursuant to § 8-2231.02, after notice and opportunity for a hearing pursuant to § 8-2231.05, for the following reasons:
(1) An owner, partner, director, officer, or the agent designated pursuant to § 8-2231.02(b)(1) of the covered establishment has been convicted of, or pleaded guilty to, a felony;
(2) The covered establishment included false or misleading information on its application;
(3) The covered establishment is not authorized or licensed to operate or conduct business in the District;
(4) The covered establishment fails to notify the Mayor within 45 days in advance of a material change in information, including a substantial change in ownership, change of address, or a significant change in operations;
(5) The covered establishment fails to take security precautions as required by the Mayor in rules issued pursuant to § 8-2231.06 regarding the handling of any licenses or licensure equipment;
(6) The covered establishment fails to comply with the requirements of this part or any other laws or regulations applicable to the conduct of its operations; or
(7) The covered establishment becomes insolvent or dissolves.
(b) The Mayor, in the event of a denial, revocation, or suspension of an authorization pursuant to subsection (a) of this section, shall provide notice, which shall include the reason for the denial, revocation, or suspension and shall notify the covered establishment of its right to contest the denial, revocation, or suspension at a hearing pursuant to § 8-2231.05.
(c) Upon notifying a covered establishment of the denial, revocation, or suspension of its authorization pursuant to subsection (a) of this section, the Mayor may require the covered establishment to:
(1) Cease the sale of licenses and licensure endorsements for recreational fishing in District waters;
(2) Render an accounting by the date specified on the notice; or
(3) Surrender licensure equipment and any other District property to the District by the date specified on the notice.
§ 8–2231.04. Voluntary cessation of sales.
(a) An authorized covered establishment shall notify the Mayor, in writing, at least 30 days in advance of the covered establishment's intent to voluntarily stop selling licenses and licensure endorsements for recreational fishing in District waters pursuant to its authorization issued under § 8-2231.02(b).
(b) Within 7 days of voluntarily stopping the sale of licenses and licensure endorsements for recreational fishing in District waters, a covered establishment shall return any District property related to the covered establishment's authorization issued under § 8-2231.02(b).
§ 8–2231.05. Administrative appeals.
A covered establishment aggrieved by an action of the Mayor taken pursuant to this part, or regulations promulgated pursuant to this part, may appeal the action to the Office of Administrative Hearings pursuant to § 2-1831.03(a).
§ 8–2231.06. Rules; enforcement.
(a) The Mayor, pursuant Chapter 5 of Title 2, may issue rules to implement the provisions of this part.
(b) The Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with this part or regulations promulgated pursuant to this part.
Part B. Establishing and Clarifying Fishing Authorities.
§ 8–2231.11. Allowable fishing gear types.
(a) Notwithstanding any other law, the Mayor may authorize and license the possession, transport, and use of bows, arrows, spears, and other implements for the capture or killing of any fish.
(b) No person shall possess, transport, or use an implement authorized under this section, unless a license issued pursuant to subsection (a) of this section is in the licensee's physical possession when the licensee is possessing, transporting, or using the implement.
(c) The Mayor may impose civil infraction penalties, fines, and fees for a violation of this section or regulations promulgated pursuant to this section, pursuant to the procedures of Chapter 18 of Title 2.
(d) The Department of Energy and Environment may enter into an agreement with any federal or District agency to work cooperatively on enforcement of this section or a regulation promulgated pursuant to this section.
(e) The Mayor, pursuant to Chapter 5 of Title 2, may issue rules to implement the provisions of this part.
§ 8–2231.12. Fish consumption advisory.
The Mayor may publish, based on scientific analysis of the composition of fish tissue and other scientific indicators, an advisory recommending the safest means of consuming fish captured in the District's waterways and any recommended consumption limits.
Subchapter IV. Migratory Local Wildlife Protection.
§ 8–2241.01. Definitions.
For purposes of this subchapter, the term:
(1) " Bird friendly materials" means a material or assembly that has been designed or treated to have a maximum material threat factor of 30.
(2) "Bird hazard installations" means monolithic glazing installations that provide a clear line of sight or mirrored surface on the exterior of buildings, including, awnings, handrails and guards, wind break panels, bus shelter enclosures, skywalk enclosures, and acoustic barriers made of glass or glass-like materials.
(3) "Commercial building" means income-producing property as identified under zoning classifications that would allow for such uses as office buildings, retail stores, restaurants, bars, taverns, and service facilities pursuant to Title 11 of the District of Columbia Municipal Regulations (11 DCMR § 100.1 et seq.).
(4) "Fly-through conditions" means one or more panels of glass or glass-like materials that provide a clear line of sight through such elements, creating the illusion of a void leading to the other side, including parallel glass or glass-like material elements when the distance between such elements is 60 feet or less, or a convergence of sides made of glass or glass-like materials creating a perpendicular, acute, or obtuse corner.
(5) "Glass or glass-like materials" includes tempered glass, spandrel glass, plexiglass, mirrored products, polished metal, or other glass materials or materials that are transparent or highly reflective.
(6)(A) "Institutional facility" means a facility owned or operated by an organization with a social, charitable, educational, or civic purpose. The term "institutional facility" includes schools, universities, laboratories, medical and healthcare facilities, residential care facilities and nursing homes, athletic facilities, penal institutions, galleries, performance venues, and museums.
(B) The term "institutional facility" does not include churches, mosques, temples, or other houses of worship.
(7) "Material threat factor" means a measure of a bird's ability to see and avoid a building material; provided, that such measure shall be in accordance with the American Bird Conservancy's Threat Factor Database or with the American Bird Conservancy's Bird-friendly Materials Evaluation Program test protocol.
(8) "Multi-unit residential building" means a residential building with 5 or more dwelling units.
(9) "Skywalk" means any above-grade enclosed walkway of any dimension that connects 2 or more buildings or parts of a building.
(10) "Substantially all" means 75% or more.
§ 8–2241.02. Bird friendly construction.
(a)(1) For building permits issued after October 1, 2024, for new construction, or for alterations involving the replacement of all or substantially all exterior glazing on commercial buildings, multi-unit residential buildings, institutional facilities, or District-owned or operated buildings, each façade of the exterior wall envelope and any exterior fenestration shall be constructed with bird friendly materials up to 100 feet above grade; provided, that other materials may be used to the extent that they do not exceed an aggregate of 10 square feet within any 10 feet by10 feet square area of exterior wall below 100 feet above grade.
(2) The requirements of paragraph (1) of this subsection shall be waived for real property designated as a historic landmark pursuant to § 6-1103.
(3) The requirements of paragraph (1) of this subsection may be waived for real property within a historic district where the Historic Preservation Review Board or the Old Georgetown Board issues a recommendation to the Department of Buildings that the compliance with paragraph (1) of this subsection would meaningfully and substantially impact historic elements of the property.
(b) For installations with construction commencing after October 1, 2024:
(1) All glazed corners and fly-through conditions located 100 feet or less above grade shall be constructed with bird friendly materials; and
(2) The exterior wall envelope and any exterior fenestration installed adjacent to all green roof systems or roof terraces on the same structure shall be constructed with bird friendly materials up to 24 feet above the surface of the green roof system or walking surface, whichever is higher.
(c) Bird hazard installations shall be constructed of bird friendly materials regardless of their height above grade.
§ 8–2241.03. Rules.
(a) The Department of Buildings, in consultation with the Department of Energy and Environment, shall promulgate regulations to implement the provisions of this subchapter, including establishing standards for bird-friendly building design elements and construction.
(b) Regulations promulgated pursuant to subsection (a) of this of this section shall be submitted to the Council for a 45-day period of review. The Council may approve the proposed regulations in whole or in part. If the Council has not approved the regulations upon expiration of the 45-day review period, the regulations shall be deemed approved.
(c) The absence of regulations shall not delay the applicability of this subchapter or of any provision in this subchapter.
