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ENGROSSED SUBSTITUTE SENATE BILL NO. 3116
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AS AMENDED BY THE HOUSE
C 355 L 85
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.
For the purposes of this section, "emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, fowl, or other property.
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)) includes
wild shrubs and range land vegetation on privately owned cattle ranching
lands. On such lands, the land owner or lessee may declare an emergency when
the department of game has not responded within forty-eight hours after having
been contacted by the land owner or lessee regarding crop damage by wild
animals or wild birds. However, the department shall not allow claims for
damage to wild shrubs or range land vegetation on such 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.