S‑2111.1 _____________________________________________
SUBSTITUTE SENATE BILL 5831
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Swecker, Fairley, Oke, Constantine, Regala, Rasmussen and Hochstatter)
READ FIRST TIME 03/05/01.
_1 AN ACT Relating to the use of body-gripping traps; and amending
_2 RCW 77.15.192 and 77.15.194.
_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_4 Sec. 1. RCW 77.15.192 and 2001 c 1 s 2 (Initiative Measure No.
_5 713) are each amended to read as follows:
_6 The definitions in this section apply throughout RCW 77.15.194
_7 through 77.15.198.
_8 (1) "Animal" means any nonhuman vertebrate.
_9 (2) "Body-gripping trap" means a trap that grips an animal's
10 body or body part. Body-gripping trap includes, but is not limited
11 to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear
12 traps, neck snares, and nonstrangling foot snares. Cage and box
13 traps, suitcase-type live beaver traps, and common rat
((and)),
14 mouse, gopher, and mole traps are not considered body-gripping
15 traps.
16 (3) "Person" means a human being and, where appropriate, a
17 public or private corporation, an unincorporated association, a
18 partnership, a government, or a governmental instrumentality.
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_1 (4) "Raw fur" means a pelt that has not been processed for
_2 purposes of retail sale.
_3 (5) "Animal problem" means any animal that threatens or damages
_4 timber or private property or threatens or injures livestock or
_5 any other domestic animal.
_6 Sec. 2. RCW 77.15.194 and 2001 c 1 s 3 (Initiative Measure No.
_7 713) are each amended to read as follows:
_8 (1) It is unlawful to use or authorize the use of any steel-
_9 jawed leghold trap, neck snare, or other body-gripping trap to
10 capture any mammal for recreation or commerce in fur.
11 (2) It is unlawful to knowingly buy, sell, barter, or otherwise
12 exchange, or offer to buy, sell, barter, or otherwise exchange the
13 raw fur of a mammal or a mammal that has been trapped in this
14 state with a steel-jawed leghold trap or any other body-gripping
15 trap, whether or not pursuant to permit.
16 (3) It is unlawful to use or authorize the use of any steel-
17 jawed leghold trap or any other body-gripping trap to capture any
18 animal, except as provided in subsections (4), (5),
and (((5)))
19 (6) of this section.
20 (4)(a) The definitions in this subsection (4)(a) apply
21 throughout this subsection unless the context clearly requires
22 otherwise.
23 (i) "Operator" has the same meaning as defined in RCW
24 76.09.020.
25 (ii) "Owner" has the same meaning as "timber owner" as defined
26 in RCW 76.09.020.
27 (iii) "Timber" has the same meaning as defined in RCW
28 76.09.020.
29 (b) Until July 1, 2006, nothing in this section prohibits the
30 use of a number 110 Conibear trap to trap mountain beaver
31 (Aplodontia rufa) on land by the owner or operator of commercial
32 timber if nonlethal control tools, including but not limited to
33 fencing, electric fencing, or tree-wrapping, cannot be reasonably
34 applied. Any mountain beaver trapped under this subsection, and the
35 approximate location of the trapping, must be reported to the
36 department on an annual basis. Nothing in this subsection limits
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_1 the application of subsection (2) of this section to mountain
_2 beavers.
_3 (5) Nothing in this section prohibits the use of a Conibear
_4 trap in water, a padded leghold trap, or a nonstrangling type foot
_5 snare with a special permit granted by (([the])) the
director
_6 under (a) through (d) of this subsection. Issuance of the special
_7 permits shall be governed by rules adopted by the department and
_8 in accordance with the requirements of this section. Every person
_9 granted a special permit to use a trap or device listed in this
10 subsection shall check the trap or device at least every twenty-
11 four hours.
12 (a) Nothing in this section prohibits the director, in
13 consultation with the department of social and health services or
14 the United States department of health and human services from
15 granting a permit to use traps listed in this subsection for the
16 purpose of protecting people from threats to their health and
17 safety.
18 (b) Nothing in this section prohibits the director from
19 granting a special permit to use traps listed in this subsection
20 to a person who applies for such a permit in writing, and who
21 establishes that there exists on a property an animal problem that
22 has not been and cannot be reasonably abated by the use of
23 nonlethal control tools, including but not limited to guard
24 animals, electric fencing, or box and cage traps, or if such
25 nonlethal means cannot be reasonably applied. Upon making a finding
26 in writing that the animal problem has not been and cannot be
27 reasonably abated by nonlethal control tools or if the tools
28 cannot be reasonably applied, the director may authorize the use,
29 setting, placing, or maintenance of the traps for a period not to
30 exceed thirty days.
31 (c) Nothing in this section prohibits the director from
32 granting a special permit to department employees or agents to use
33 traps listed in this subsection where the use of the traps is the
34 only practical means of protecting threatened or endangered
35 species as designated under RCW 77.08.010.
36 (d) Nothing in this section prohibits the director from issuing
37 a permit to use traps listed in this subsection, excluding
38 Conibear traps, for the conduct of legitimate wildlife research.
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_1 (((5))) (6) Nothing in this section
prohibits the United States
_2 fish and wildlife service, its employees or agents, from using a
_3 trap listed in subsection (((4))) (5) of
this section where the
_4 fish and wildlife service determines, in consultation with the
_5 director, that the use of such traps is necessary to protect
_6 species listed as threatened or endangered under the federal
_7 endangered species act (16 U.S.C. Sec. 1531 et seq.).
_8 (7) Nothing in this section nor in RCW 77.15.192 shall prevent
_9 a licensed falconer from properly utilizing a foot or leg snare
10 for capturing raptors.
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