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HOUSE BILL 1282
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AS AMENDED BY THE SENATE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/19/95. Referred to Committee
on Natural Resources.
Authorizing landowners to kill
coyotes and Columbian ground squirrels.
AN ACT Relating to
certain animals posing a danger to livestock or crops; 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, the
owner's immediate family member, the owner's documented employee, or tenant
of real property may trap or kill on that property, without the licenses
required under RCW 77.32.010, wild animals or wild birds, other than an
endangered species, that ((is)) are 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.
Except for coyotes
and Columbian ground squirrels, wildlife trapped or killed under this
section remain((s)) 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.
For the
purposes of this section, "immediate family member" means spouse,
brother, sister, grandparent, parent, child, or grandchild.
