S 1193

S‑1193.1 _____________________________________________

SENATE BILL 5831

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Swecker, Fairley, Oke, Constantine, Regala, Rasmussen and Hochstatter

Read first time 02/05/2001. Referred to Committee on Natural Resources, Parks & Shorelines.

_1 AN ACT Relating to the use of body-gripping traps as they apply

_2 to moles, gophers, and mountain beavers; and amending RCW

_3 77.15.192 and 77.15.194.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 77.15.192 and 2001 c 1 s 2 (Initiative Measure No.

_6 713) are each amended to read as follows:

_7 The definitions in this section apply throughout RCW 77.15.194

_8 through 77.15.198.

_9 (1) "Animal" means any nonhuman vertebrate.

10 (2) "Body-gripping trap" means a trap that grips an animal's

11 body or body part. Body-gripping trap includes, but is not limited

12 to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear

13 traps, neck snares, and nonstrangling foot snares. Cage and box

14 traps, suitcase-type live beaver traps, and common rat ((~~and~~)),

15 mouse, gopher, and mole traps are not considered body-gripping

16 traps.

17 (3) "Person" means a human being and, where appropriate, a

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_1 public or private corporation, an unincorporated association, a

_2 partnership, a government, or a governmental instrumentality.

_3 (4) "Raw fur" means a pelt that has not been processed for

_4 purposes of retail sale.

_5 (5) "Animal problem" means any animal that threatens or damages

_6 timber or private property or threatens or injures livestock or

_7 any other domestic animal.

_8 Sec. 2. RCW 77.15.194 and 2001 c 1 s 3 (Initiative Measure No.

_9 713) are each amended to read as follows:

10 (1) It is unlawful to use or authorize the use of any steel-

11 jawed leghold trap, neck snare, or other body-gripping trap to

12 capture any mammal for recreation or commerce in fur.

13 (2) It is unlawful to knowingly buy, sell, barter, or otherwise

14 exchange, or offer to buy, sell, barter, or otherwise exchange the

15 raw fur of a mammal or a mammal that has been trapped in this

16 state with a steel-jawed leghold trap or any other body-gripping

17 trap, whether or not pursuant to permit.

18 (3) It is unlawful to use or authorize the use of any steel-

19 jawed leghold trap or any other body-gripping trap to capture any

20 animal, except as provided in subsections (4), (5), and ((~~(5)~~))

21 (6) of this section.

22 (4)(a) The definitions in this subsection (4)(a) apply

23 throughout this subsection unless the context clearly requires

24 otherwise.

25 (i) "Operator" has the same meaning as defined in RCW

26 76.09.020.

27 (ii) "Owner" has the same meaning as "timber owner" as defined

28 in RCW 76.09.020.

29 (iii) "Timber" has the same meaning as defined in RCW

30 76.09.020.

31 (b) Until July 1, 2006, nothing in this section prohibits the

32 use of a number 110 Conibear trap to trap mountain beaver

33 (Aplodontia rufa) on land by the owner or operator of commercial

34 timber if nonlethal control tools, including but not limited to

35 fencing, electric fencing, or tree-wrapping, cannot be reasonably

36 applied. Any mountain beaver trapped under this subsection, and the

37 approximate location of the trapping, must be reported to the

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_1 department on an annual basis. Nothing in this subsection limits

_2 the application of subsection (2) of this section to mountain

_3 beavers.

_4 (5) Nothing in this section prohibits the use of a Conibear

_5 trap in water, a padded leghold trap, or a nonstrangling type foot

_6 snare with a special permit granted by ((~~[the]~~)) the director

_7 under (a) through (d) of this subsection. Issuance of the special

_8 permits shall be governed by rules adopted by the department and

_9 in accordance with the requirements of this section. Every person

10 granted a special permit to use a trap or device listed in this

11 subsection shall check the trap or device at least every twenty-

12 four hours.

13 (a) Nothing in this section prohibits the director, in

14 consultation with the department of social and health services or

15 the United States department of health and human services from

16 granting a permit to use traps listed in this subsection for the

17 purpose of protecting people from threats to their health and

18 safety.

19 (b) Nothing in this section prohibits the director from

20 granting a special permit to use traps listed in this subsection

21 to a person who applies for such a permit in writing, and who

22 establishes that there exists on a property an animal problem that

23 has not been and cannot be reasonably abated by the use of

24 nonlethal control tools, including but not limited to guard

25 animals, electric fencing, or box and cage traps, or if such

26 nonlethal means cannot be reasonably applied. Upon making a finding

27 in writing that the animal problem has not been and cannot be

28 reasonably abated by nonlethal control tools or if the tools

29 cannot be reasonably applied, the director may authorize the use,

30 setting, placing, or maintenance of the traps for a period not to

31 exceed thirty days.

32 (c) Nothing in this section prohibits the director from

33 granting a special permit to department employees or agents to use

34 traps listed in this subsection where the use of the traps is the

35 only practical means of protecting threatened or endangered

36 species as designated under RCW 77.08.010.

37 (d) Nothing in this section prohibits the director from issuing

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_1 a permit to use traps listed in this subsection, excluding

_2 Conibear traps, for the conduct of legitimate wildlife research.

_3 ((~~(5)~~)) (6) Nothing in this section prohibits the United States

_4 fish and wildlife service, its employees or agents, from using a

_5 trap listed in subsection ((~~(4)~~)) (5) of this section where the

_6 fish and wildlife service determines, in consultation with the

_7 director, that the use of such traps is necessary to protect

_8 species listed as threatened or endangered under the federal

_9 endangered species act (16 U.S.C. Sec. 1531 et seq.).

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