S-1126.1  _______________________________________________

                         SENATE BILL 5594

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Hargrove and Roach

Read first time 02/03/97.  Referred to Committee on Natural Resources & Parks.

Authorizing the taking of black bear, cougar, bobcat, and lynx by the department of fish and wildlife.

    AN ACT Relating to the protection of livestock, domestic animals, private property, and the public safety from black bear, cougar, bobcat, and lynx by agents of the department of fish and wildlife; adding a new section to chapter 77.36 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 77.36 RCW to read as follows:

    The legislature finds that it is necessary for the protection of livestock, domestic animals, private property, and the public safety from black bear, cougar, bobcat, and lynx to provide for the taking of black bear, cougar, bobcat, and lynx by agents of the department of fish and wildlife in accordance with rules established by the fish and wildlife commission.

    (1) As used in this section, "agent" means a person who:

    (a) Is a member of a nonprofit organization organized under the laws of the state of Washington which promotes sportsmanship while using dogs in the taking of black bear, cougar, bobcat, and lynx;

    (b) Has had five years' experience in the legal taking of black bear, cougar, bobcat, or lynx, or is an apprentice as defined in subsection (2) of this section; and

    (c) Has paid an agency fee as established by subsection (3) of this section.

    (2) As used in this section, "apprentice" means a person who meets all of the qualifications of an agent except for the five years' experience, and is working under the direct supervision of an agent who is not currently an apprentice.

    (3) Every person desiring recognition as an agent must provide to the department of fish and wildlife a notorized attestation of qualifications on a form provided by the department and will pay an annual fee of fifteen dollars.  The fish and wildlife commission may adjust the fee each biennium to a level adequate to cover the cost of processing the forms.  An apprentice must provide the name of the agent who will be the direct supervisor.

    (4) The fish and wildlife commission will, by rule, establish procedures for the taking by agents of targeted animals and numbers of animals in specific geographic areas during specific times.  Specific damage prevention and control and general control of animal populations to ensure the public safety from excess numbers of black bear, cougar, bobcat, or lynx must be the purpose of all takings under this subsection.

    (5) Agents will serve without compensation except for the retaining of the remains of the animal taken as provided by the fish and wildlife commission by rule.

    (6) The state shall indemnify and hold harmless its agent or apprentice in the amount of a judgment obtained or fine levied against an agent or apprentice in a state or federal court, or in the amount of the settlement of a claim, or shall pay the judgment, fine, or settlement, if the act or omission that gave rise to the civil or criminal liability was in good faith and occurred while the agent or apprentice was acting within the scope of his or her employment or duties and the agent or apprentice is being represented in accordance with RCW 4.92.070.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

                            --- END ---