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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 3116

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State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senators Patterson, Owen, Hansen and Metcalf)

Read first time 2/8/85.

AN ACT Relating to damage by wildlife; and amending RCW 77.12.265.

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, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director.  The director may delegate this authority.

           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.

          For purposes of this section, "crop" means an agricultural or horticultural product growing or harvested and ((excludes)) includes wild shrubs and range land vegetation on privately owned cattle ranching lands.

Deer and elk shall not be killed under the authority of this section on privately owned cattle ranching lands that were closed to public hunting during the previous hunting season, except for land closures which are coordinated with the department to protect property and livestock.

The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, or to kill the animals when no other practical means of damage control is feasible.