1135-S

AN ACT Relating to alternative livestock; amending RCW 77.08.010, 77.32.010, 77.32.211, 77.12.570, 77.12.580, 77.12.590, 77.12.600, and 16.57.010; adding a new section to chapter 77.04 RCW; adding a new section to chapter 16.49A RCW; and adding a new chapter to Title 15 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation provides a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.

The legislature finds that many areas of the state of Washington are suitable for alternative livestock farms, and therefore the legislature encourages the promotion of alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state.

It is therefore the policy of this state to encourage the development and expansion of alternative livestock farming within the state. It is also the policy of this state to protect wildlife by providing an effective disease inspection and control program for alternative livestock farming operations.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Alternative livestock" means the following as long as they are confined by humans, raised or used in farm or ranch operations in the private sector, and produced on the farm or ranch or legally acquired for the farm or ranch: Fallow deer (dama dama); reindeer (all rangifer except rangifer tarandus caribou); sika deer (cervus nippon); roosevelt and rocky mountain elk (cervus elaphus roosevelti and nelsoni); and other nontraditional vertebrate livestock listed by rules adopted jointly by the departments of agriculture and wildlife under section 4 of this act. "Alternative livestock" does not include: A domestic dog (canis familiaris) or domestic cat (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; an animal raised for release into the wild; an animal raised for the purpose of hunting that takes place in this state; an animal that is required to be identified under section 5 of this act and is not identified as required; or an animal located on, purchased from, or being transported to or from a farm or ranch that is required to be registered under section 7 of this act but is not registered as required at the time the livestock is located on, purchased from, or being transported to or from the farm or ranch.

(2) "Alternative livestock products" means the products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 5 of this act and is not identified as required.

(3) "Department" means the department of agriculture.

NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products. The department shall consult the alternative livestock council in developing the program.

NEW SECTION. Sec. 4. (1) Any authority of the department of wildlife to regulate alternative livestock and alternative livestock products is limited to the authority granted by this section.

(2) The department of agriculture and the department of wildlife shall jointly adopt rules identifying species that may be raised in this state as alternative livestock. The departments shall not identify species as being alternative livestock under this subsection if the presence of the animals in this state, or the concentration of their number through confinement, realistically poses a threat to human health or a significant threat, through the spread of disease, to the health of livestock, alternative livestock, or animals found in the wild in this state. The departments shall not identify species as being alternative livestock if their escape from captivity would likely: (a) Cause extensive environmental damage; (b) compete for resources with animals found in the wild in this state and the competition would be detrimental to those wild animals; (c) breed with animals found in the wild in this state and the animals resulting from the interbreeding would interfere with the enforcement of Title 77 RCW; or (d) breed with animals found wild in this state resulting in animals that would do (a), (b), or (c) of this subsection. A hybrid of an animal listed in section 2(1) of this act or identified in joint rules adopted under this subsection shall be considered to be alternative livestock only if it is expressly identified in joint rules adopted under this subsection. The animals listed in section 2(1) of this act and those identified in such joint rules constitute the only animals considered as alternative livestock under this chapter. The departments may, under jointly adopted rules, restrict the areas of the state in which animals listed in section 2(1) of this act or those identified under this subsection may be ranched or farmed.

(3) The department of agriculture and the department of wildlife may jointly adopt rules that authorize the department of wildlife to regulate the entry and intrastate movement, sale, transfer, possession, exhibition, and release of alternative livestock or alternative livestock products to:

(a) Prevent the introduction or spread of a disease or parasite harmful to humans or animals including but not limited to livestock and poultry, wildlife, or alternative livestock;

(b) Ensure the physical safety of humans;

(c) Prevent the escape or release of an animal injurious to or competitive with agriculture, forestry, wildlife, or other natural resources;

(d) Ensure the humane treatment of alternative livestock;

(e) Control the removal and use of wild animals taken from the public domain; or

(f) Comply with federal law.

(4) Any rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department of wildlife, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing.

(5) Except as provided in subsection (4) of this section, no action may be taken against a person by the department of wildlife to enforce the rules adopted under this section unless the department of wildlife has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

(6) The authority granted to the department of wildlife by rules adopted jointly under this section constitutes the only authority of the department of wildlife to regulate alternative livestock or alternative livestock products. No authority granted under this section or by section 6 of this act may be construed as limiting in any manner the disease control authorities of the department of agriculture that are granted to the department by state law.

NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the alternative livestock council, establish identification requirements for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of wildlife to effectively administer and enforce Title 77 RCW. The director shall also consult with the director of the department of wildlife to ensure that such rules enable the department of wildlife to enforce the programs administered under that title.

NEW SECTION. Sec. 6. The director of agriculture shall develop and administer a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the alternative livestock industry from the loss of animals or productivity to disease and to protect wildlife in this state. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.

NEW SECTION. Sec. 7. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department of agriculture. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data.

NEW SECTION. Sec. 8. The department of agriculture shall adopt rules for administering this chapter. Rules shall be adopted in accordance with chapter 34.05 RCW.

In developing and adopting rules under sections 4 and 6 of this act, the department of agriculture shall consult the alternative livestock council, the department of wildlife, appropriate federal agencies, and Indian tribes to assure the protection of state, federal, and tribal wildlife resources and to protect alternative livestock from disease that could originate from resources regulated or managed by public entities.

NEW SECTION. Sec. 9. If either the director of agriculture or the director of wildlife proposes a rule identifying a species of animal as alternative livestock under section 4 of this act but the other director fails to propose the rule jointly, a scientific review board shall be assembled to make its recommendation regarding the proposed identification. The board shall be composed of: The chair, or the chair's designee, of the natural resource science department at Washington State University; the chair, or the chair's designee, of the school of veterinary medicine at Washington State University; and the chair, or the chair's designee, of the state veterinary board of governors.

The board shall review the proposal based on the criteria for considering threats posed by disease and escapement provided by section 4(2) of this act and make its recommendations to the directors of the departments of agriculture and wildlife. The directors shall consider the recommendations of the board. If the board recommends that the species be identified as alternative livestock by joint rule and either director determines not to adopt such a rule, the director so declining shall file a statement with the board and the director of the other agency specifying the director's reasons for declining.

NEW SECTION. Sec. 10. The director of agriculture and the director of wildlife shall study the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to traditional farm animals, wildlife, and alternative livestock.

If an animal is not enclosed as required for the animal in rules adopted under this section or if it is found by a state wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required for it in rules adopted under this section, the animal so unenclosed or so found is hereby declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.

Alternative livestock that escape a required enclosure shall be recaptured and impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvement are made to assure that release will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.

NEW SECTION. Sec. 11. The alternative livestock council of not more than eight persons is hereby created. The council shall be composed of seven representatives of alternative livestock farming and marketing operations in the state. These seven members of the council shall be appointed by the director of agriculture to three-year terms. The director may shorten the initial term for a position on the council to stagger the expiration of terms on the council. Vacancies on the council shall be filled by the director by appointment. The director of the department of wildlife shall be an ex officio member of the council. The council shall advise the department on all aspects of alternative livestock farming and the marketing of alternative livestock and alternative livestock products.

NEW SECTION. Sec. 12. Each owner of alternative livestock shall ensure that the livestock are confined to the property of the owner or secured at all times when not on that property. An owner who violates the requirements of this section is subject to a civil penalty in the form of a fine levied by the director of the department of agriculture as an order under chapter 34.05 RCW. The fine shall not exceed ten thousand dollars for each instance of a violation. In determining the amount of a fine, the director shall consider the risks or potential risks to the environment, resident wildlife, and traditional and alternative livestock posed by the violation.

NEW SECTION. Sec. 13. A new section is added to chapter 77.04 RCW to read as follows:

This title does not apply to alternative livestock or alternative livestock products, as defined in section 2 of this act or in rules adopted under section 4 of this act. The sole authority of the department of wildlife to regulate such alternative livestock and alternative livestock products is the authority granted by joint rules adopted under section 4 of this act.

Sec. 14. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of wildlife.

(2) "Department" means the department of wildlife.

(3) "Commission" means the state wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals, alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act, or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

Sec. 15. RCW 77.32.010 and 1987 c 506 s 76 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, a license issued by the director is required to:

(a) Hunt for wild animals or wild birds or fish for game fish;

(b) Practice taxidermy for profit;

(d) Act as a fishing guide;

(e) Operate a game farm;

(f) Purchase or sell anadromous game fish; or

(g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title.

(2) A permit issued by the director is required to:

(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

(b) Collect wild animals, wild birds, game fish, or protected wildlife for research or display; or

(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.

(4) A license or permit is not required for farming or ranching operations for alternative livestock as such livestock are defined in section 2 of this act or in rules adopted under section 4 of this act.

Sec. 16. RCW 77.32.211 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.

(3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.

(4) A game farm license allows the holder to operate a game farm ((~~to acquire, breed, grow, keep, and sell wildlife~~)) under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.

(5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars.

(6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.

(7) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars.

Sec. 17. RCW 77.12.570 and 1987 c 506 s 49 are each amended to read as follows:

The commission shall establish the qualifications and conditions for issuing a game farm license. The director shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 and alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act are exempt from regulation under this section.

Sec. 18. RCW 77.12.580 and 1987 c 506 s 50 are each amended to read as follows:

A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the director. The eggs of alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act are exempt from regulation under this section.

Sec. 19. RCW 77.12.590 and 1987 c 506 s 51 are each amended to read as follows:

Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 and alternative livestock and alternative livestock products as defined in section 2 of this act or in rules adopted under section 4 of this act are exempt from regulation under this section.

Sec. 20. RCW 77.12.600 and 1985 c 457 s 24 are each amended to read as follows:

(1) A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee.

(2) For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020 or alternative livestock or alternative livestock products as defined in section 2 of this act or in rules adopted under section 4 of this act. However, if a means of identifying such livestock or products is required by rules adopted under RCW 15.85.060 or section 5 of this act, this exemption from the definition of wildlife applies only if the ((~~aquatic~~)) livestock or products are identified in conformance with those rules.

NEW SECTION. Sec. 21. A new section is added to chapter 16.49A RCW to read as follows:

(1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act or in rules adopted under section 4 of this act, whether or not such meat, meat by-products, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department-recognized local, state, or federal agency responsible for food safety and inspection.

(2) The department may adopt rules establishing a program for inspecting meat and meat by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section. No appropriation is required for disbursement from the account. The director may employ such personnel as are necessary to carry out the provisions of this section.

Sec. 22. RCW 16.57.010 and 1989 c 286 s 22 are each amended to read as follows:

For the purpose of this chapter:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or a duly appointed representative.

(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((~~and~~)), rabbits, and alternative livestock as defined in section 2 of this act or in rules adopted under section 4 of this act.

(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

(6) "Production record brand" means a number brand which shall be used for production identification purposes only.

(7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

NEW SECTION. Sec. 23. Sections 1 through 12 of this act shall constitute a new chapter in Title 15 RCW.