H-1884

AN ACT Relating to methods of taking cougar and black bear; amending RCW 77.16.360; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that increased human population has resulted in growth and development into areas previously wild in nature. This growth is leading to an inevitable interaction between wild animals and humans. These interactions may threaten homes, property, pets, and livestock, and may even be life threatening. The legislature further finds that the population levels of both black bear and cougar have experienced steady growth in recent years.

These populations, though fluctuating, have the potential to reach unmanageable levels.

Sec. 2. 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 subsections (1) and (2) of this section:

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

(b) The director may authorize the use of dogs or bait 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.

NEW SECTION. Sec. 3. 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.