2078-S

2078-S.E AMS MORT S2919.1

ESHB 2078 - S AMD TO S AMD (S-2886.1/99) - 469

By Senator Morton

Beginning on page 108, after line 31 of the amendment, strike all of section 258 and insert the following:

"Sec. 258. RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

(1) Notwithstanding the provisions of RCW ((~~77.12.240 and 77.12.265 or other provisions of law~~)) 77.36.020 or 77.36.030, it is unlawful to take, hunt, or attract black bear with the aid of bait.

(a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

(b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

(2) Notwithstanding RCW ((~~77.12.240 or any other provisions of law~~)) 77.36.020 or 77.36.030, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

(a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. ((~~A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director under RCW 77.12.265.~~))

(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit of black bear, cougar, bobcat, or lynx for scientific purposes.

(3) Notwithstanding subsection (2) of this section:

(a) The commission shall authorize the use of dogs only in selected areas within a game management unit or units to address a specific number of cougars in response to public safety needs or in response to livestock or pet depredations. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted a rule or rules describing the conditions in which dogs may be used. Conditions which may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock or pet depredations, and the number of cougar capture attempts and relocations;

(b) The director may authorize the use of dogs with a permit issued pursuant to RCW 77.12.240.

(4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time."