S-0304.1 _______________________________________________
SENATE BILL 5153
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State of Washington 54th Legislature 1995 Regular Session
By Senators Hargrove, Owen, Snyder and Hochstatter
Read first time 01/12/95. Referred to Committee on Natural Resources.
AN ACT Relating to life-threatening animals; amending RCW 77.12.265; and adding a new section to chapter 16.52 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 16.52 RCW to read as follows:
A person may kill a bear or cougar that is reasonably perceived to be an unavoidable and immediate threat to human life.
Sec. 2. 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)) are reasonably
perceived to be an unavoidable and immediate threat to human life or 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 human life, 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 cougar, bear, deer, elk, or protected wildlife which is reasonably perceived to be an unavoidable and immediate threat to human life or 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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