HOUSE BILL REPORT

SB 6480

As Amended by the House

BYSenators DeJarnatt, Metcalf, Owen and Pullen

Establishing the crime of obstructing the taking of fish or wildlife.

House Committe on Natural Resources

Majority Report:  Do pass with amendments.  (17)

      Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Bumgarner, Butterfield, Cole, Dorn, Fuhrman, Hargrove, Haugen, Meyers, Schmidt, C. Smith, Spanel and S. Wilson.

Minority Report:  Do not pass.  (1)

      Signed by Representative Sayan.

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE MARCH 2, 1988

BACKGROUND:

Hunters and fishers in other parts of the country have experienced attempts to prevent the lawful taking of fish and wildlife.  Animal rights groups, among others, are becoming increasingly active in Washington, though no incidents of organized interference with hunting and fishing have been reported in the state.

If interference with hunting and fishing involves intended harm or the threat of harm to an individual, such behavior is currently prohibited under the assault statutes of the State Criminal Code. The Criminal Code also prohibits trespass (unlawfully being on property that belongs to another) and malicious mischief (intentional destruction of property).  Upon conviction of a crime, an offender may also be ordered to pay restitution for damage caused by his or her criminal acts.

SUMMARY:

A person commits the crime of obstructing the taking of fish or wildlife if the person harasses, drives, or disturbs fish or wildlife with the intent of disrupting the lawful pursuit of hunting or fishing.  Harassing, interfering with, or intimidating an individual engaged in the lawful taking of fish or wildlife or lawful predator control is prohibited.

It is a defense to this crime if the person charged (1) interferes with a person engaged in hunting outside legally established hunting seasons, (2) is preventing the injury or killing of a protected wildlife species, (3) is preventing unauthorized trespass on private property, or (4) is defending oneself or another person from bodily harm or property damage by a person attempting to prevent hunting in a legally established hunting season.  Violation of the act is a gross misdemeanor.

A person who is damaged by any action prohibited by this act may sue for damages and recover three time the amount of the damage sustained.  Parties seeking civil damages may recover upon proof of a violation of the act by a preponderance of the evidence.  The State of Washington or any person may seek an injunction against persons who violate the act.  Any person recovering a judgment under the act may be awarded reasonable attorney fees.

The Criminal Code relating to harassment is modified to include the crime of obstructing the taking of fish and wildlife as an included offense.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator DeJarnatt, Prime Sponsor; Jim Lang, handicapped hunter/sportsman from Port Orchard; Glenn Boltz, handicapped hunter/sportsman; John Hosford, Citizens' Committee for the Right to Keep and Bear Arms; Dave Workman, Snoqualmie Valley Rifle Club; Kay McAndie, King County Sports Council; and Mike Krei, National Rifle Association.

House Committee - Testified Against:      None.

House Committee - Testimony For:    There have been several incidences in other states of organized groups disrupting hunting.  The problem is moving to this state. Twenty-five other states have passed such legislation.

House Committee - Testimony Against:      None Presented.