Smitch

Plaintiffs Pacific Northwest Venison Producers and several of its members (collectively, “PNVP”) appeal the district court’s summary judgment in favor of the Washington Department of Wildlife and the Washington State Wildlife Commission (collectively, “Department of Wildlife” or “Department”), upholding the constitutionality of the Department’s regulations banning the private ownership and exchange of several species of wildlife. We affirm.

FACTS AND PRIOR PROCEEDINGS

In January 1991, the Department of Wildlife promulgated regulations that prohibit the “importation, holding, possession, propagation, sale, transfer or release” of “deleterious exotic wildlife,” including mouflon sheep. See Wash.Admin.Code § 232-12-017(1)(d)(iv), -017(2). In June 1992, the Department promulgated emergency regulations which added fallow deer and sika deer to its list of prohibited deleterious exotic wildlife. Wash.St.Reg. 92-14-015 (amending Wash.Admin.Code § 232-12-017(d)(v)). At the same time, the Department promulgated emergency regulations that prohibit the same activities regarding certain native wildlife species, including elk. Id. at 92-14-014 (amending Wash.Admin.Code § 232-23-064(2)). The…