H-0275.1  _______________________________________________

                          HOUSE BILL 1538

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Mastin, Chandler, Grant, McMorris, Schoesler, Chappell, Foreman, Fuhrman, Basich, Buck, Johnson and Thompson

Read first time 01/30/95.  Referred to Committee on Natural Resources.

Allowing claims for damage by wild animals or wild birds to wild shrubs or range land vegetation.

    AN ACT Relating to claims for damage to wild shrubs or range land vegetation; and amending RCW 77.12.265.

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.

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