H-2255              _______________________________________________

 

                                     SECOND SUBSTITUTE HOUSE BILL NO. 294

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Agriculture (originally sponsored by Representatives Sanders, Haugen, J. Williams, Leonard, Day, Isaacson, Dellwo, Van Luven, Vekich, van Dyke, Sutherland, Lundquist, Basich and Baugher)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to wildlife; and amending RCW 77.12.265 and 77.12.280.

 

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

 

        Sec. 1.  Section 77.16.230, chapter 36, Laws of 1955 as amended by section 91, chapter 78, Laws of 1980 and RCW 77.12.265 are each amended to read as follows:

          The owner or tenant of real property may trap or kill on that property wild animals or wild birds, other than an endangered species, that is damaging crops, domestic animals, fowl, or other property.  Except in emergency situations, as determined by the owner or tenant of the property, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director.  Alternatively, when sufficient time for the issuance of a permit by the director is not available, verbal permission may be given by the appropriate game department regional administrator to owners or tenants of real property to trap or kill on that property any deer, elk, or protected wildlife which is damaging crops, domestic animals, fowl, or other property.  The regional administrator may delegate, in writing, a member of the regional staff to give the required permission in these emergency situations.  Nothing in this section authorizes in any situation the trapping, hunting, or killing of an endangered species.

           Wildlife trapped or killed under this section remains the property of the state, and the person trapping or killing the wildlife shall notify the department immediately.  The commission ((may specify by rule the disposition of wildlife so taken)) shall dispose of wildlife so taken within three working days of receiving such a notification.

          If the department receives recurring complaints regarding property being damaged as described in this section from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the commission shall consider conducting a special hunt or special hunts to reduce the potential for such damage.

         

          For purposes of this section, "crop" means an agricultural or horticultural product growing or harvested and excludes wild shrubs and range land vegetation.

 

        Sec. 2.  Section 77.12.280, chapter 36, Laws of 1955 as last amended by section 46, chapter 78, Laws of 1980 and RCW 77.12.280 are each amended to read as follows:

          (1) Claims under RCW 77.12.270 ((not exceeding one thousand dollars)) may be filed with the director of financial management if:  (a) The commission fails to appoint an arbitrator within ten days when served with the notice of a claimant under subsection (2) of this section; (b) the commission does not pay the amount awarded a claimant under subsection (3) of this section within thirty days of its being filed or does not otherwise settle and pay the claim by such date; or (c) within one year of filing with the commission the claim is not settled and paid.  Claims shall conform to the tort claim filing requirements in RCW 4.92.100 as now or hereafter amended.  The director of financial management shall recommend to the legislature whether the claim should be approved.  If the legislature approves the claim, the department shall pay it from moneys appropriated for that purpose.

           (2) If a claim for damages under RCW 77.12.270 has been refused or has not been settled and paid by the commission within one hundred twenty days of the filing of the claim, either the claimant or the commission may serve upon the other personally or by registered mail a notice of intent to arbitrate.  The notice shall contain the name of an arbitrator.  Within ten days of receiving the notice, the person served shall serve the name of an arbitrator personally or by registered mail upon the other party.  The two arbitrators, within seven days of the naming of the second arbitrator, shall select a third arbitrator who shall not be an employee of the department or member of the commission.  If the two arbitrators cannot agree upon a third arbitrator, either party may petition the superior court in the county in which the claim arose to select the third arbitrator.  Upon receiving the petition, the court shall appoint a third arbitrator.  Filing fees or court costs arising from the petition shall be shared equally by the claimant and the department.

          (3) The award of the arbitrators is advisory only and shall be filed with the department within ninety days following the naming of the third arbitrator.  Payment shall not be made by the commission until the arbitrators have made their advisory award.