H-1812.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1538
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State of Washington 54th Legislature 1995 Regular Session
By House Committee on Natural Resources (originally sponsored by Representatives Mastin, Chandler, Grant, McMorris, Schoesler, Chappell, Foreman, Fuhrman, Basich, Buck, Johnson and Thompson)
Read first time 02/15/95.
AN ACT Relating to claims for damage to wild shrubs or range land vegetation; and amending RCW 77.12.265 and 77.12.270.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 77.12.265 and 1987 c 506 s 35 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 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 director 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 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 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.
Sec. 2. RCW 77.12.270 and 1987 c 506 s 36 are each amended to read as follows:
(1) The director may compromise, adjust, settle, and pay claims for damages to crops caused by deer or elk in accordance with RCW 77.12.280 through 77.12.300. Payments for claims shall not exceed two thousand dollars. The payment of a claim by the director constitutes full and final payment for the claim. The director shall advise the commission quarterly of all damage claims paid.
(2) For purposes of this section, and RCW 77.12.280 through 77.12.300, "crop" means an agricultural or horticultural product including, but not limited to, range land grass vegetation. "Crop" does not include wild shrubs.
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