BILL REQ. #:  S-0418.3 

Read first time 01/13/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to protecting the California condor and other vulnerable wildlife from the threat of lead poisoning; amending RCW 77.15.400; adding a new section to chapter 77.15 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   Lead toxicity has been identified as the leading cause of death in California condors. Although there may be many potential sources of lead, studies have determined that lead from spent ammunition is a major source of lead in exposed condors and that lead from the local environment does not appear to be a factor. California condors inadvertently ingest lead from spent ammunition found in animal carcasses and gut piles. Lead bullets can fragment into hundreds of pieces before they exit a target such as a deer or coyote. Since California condors are group feeders, and only one or two lead fragments or pellets can cause lead toxicity, one animal carcass or gut pile containing lead fragments or lead shot has the potential to poison several condors. It is the intent of the legislature to protect vulnerable wildlife, including the California condor, a federally listed endangered species, from the ongoing threat of lead poisoning.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of unlawful hunting in the second degree if the person possesses shot, either in shotgun shells or as loose shot for muzzle-loading, other than nontoxic shot when hunting game animals, game birds, or waterfowl in those areas as determined by rule of the commission in which waterfowl, California condors, or other endangered, threatened, or sensitive species could be harmed by lead shot.
     (2) The commission shall by rule determine the areas in which a person may not possess shot, either in shotgun shells or as loose shot for muzzle-loading, other than nontoxic shot when hunting game animals, game birds, or waterfowl.
     (3) The commission shall by rule determine the types of nontoxic shot consistent with federal regulations that may be used in the areas in which a person may not possess shot, either in shotgun shells or as loose shot for muzzle-loading, other than nontoxic shot when hunting game animals, game birds, or waterfowl.
     (4) Unlawful hunting in the second degree is a misdemeanor.
     (5) In addition to the penalties set forth in this section, upon conviction:
     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
     (b) The department shall revoke the hunting license of the person and order a suspension of hunting privileges for two years.

Sec. 3   RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
     (b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
     (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
     (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
     (2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the commission or director.
     (3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
     (((4) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a rule adopted by the commission under the authority of this title that requires the use of nontoxic shot, upon conviction:
     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
     (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.))