BILL REQ. #:  H-0431.3 

Read first time 01/22/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to trapping; amending RCW 77.15.192, 77.15.194, 77.65.450, 77.65.460, 77.32.545, and 77.15.198; and adding new sections to chapter 77.12 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The legislature finds that a professionally managed and regulated trapping program is not only vital to the health of Washington's wildlife populations, but is also consistent with the state's obligations under the public trust doctrine to manage all natural resources for the common good of all citizens.
     (2) The legislature further finds that it is in the interest of all of the citizens of Washington to ensure that all trapping is done in accordance with sound scientific wildlife management principles using humane methods as set forth in this act. It is the legislature's intent to reinstate a sound furbearer management program, administered using sound science by the department of fish and wildlife, that addresses mammal population dynamics and animal damage issues.
     (3) The legislature further finds that humanely regulated trapping practices contribute positively to the economic well-being of the agricultural and timber industries of Washington, to public health and welfare by assisting to control the spread of animal-borne disease, and to the protection of private and public property from damage resulting from uncontrolled animal populations.
     (4) The legislature further finds that trapping is a valuable commercial activity and not a recreational hobby. As such, a sound furbearer management program will result in commerce of the pelts of harvested mammals, thus benefiting the economy of the state of Washington.
     (5) The legislature recognizes that among the choices available for the trapping of animals, some may cause pain and suffering in the animals captured. The legislature further recognizes that some trapping methods can capture animals that are not targeted, including pets. It is the policy of the state of Washington to minimize the use of all indiscriminate or painful traps when practical alternatives exist, and when none do, to use traps when necessary in the most humane way possible. When lethal trapping methods are used, such methods must be used in the most humane way that accomplishes the goals of the wildlife management program. All trappers in the state should use all practicable means necessary to avoid the capture of a nontargeted animal.

Sec. 2   RCW 77.15.192 and 2001 c 1 s 2 are each amended to read as follows:
     The definitions in this section apply throughout RCW 77.15.194 through 77.15.198.
     (1) (("Animal" means any nonhuman vertebrate.
     (2))) "Prohibited body-gripping trap" means a steel trap that grips an animal's body or body part with teeth or serrated edges. ((Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
     (3))) (2) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
     (((4))) (3) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
     (((5))) (4) "Animal problem" means any ((animal)) classified furbearing mammal or unclassified mammal that threatens or damages timber, publicly owned or private property, or threatens or injures livestock, human health or safety, or any other domestic animal or wildlife population.

Sec. 3   RCW 77.15.194 and 2001 c 1 s 3 are each amended to read as follows:
     It is the duty of every trapper to ensure that all trapping is done in the most humane way possible. To ensure that this goal is met, all trappers must abide by the following:
     (1) It is unlawful to use or authorize the use of any steel-jawed ((leghold)) foothold trap, neck snare, foot snare, or other prohibited body-gripping trap to capture any mammal for ((recreation or commerce in fur)) a purpose other than to address an animal problem or for mammal population management.
     (2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal or a mammal that has been trapped in ((this state with a steel-jawed leghold trap or any other body-gripping trap, whether or not pursuant to permit.
     (3) It is unlawful to use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided in subsections (4) and (5) of this section.
     (4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling type foot snare with a special permit granted by [the] director under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section. Every person granted a special permit to use a trap or device listed in this subsection shall check the trap or device at least every twenty-four hours.
     (a) Nothing in this section prohibits the director, in consultation with the department of social and health services or the United States department of health and human services from granting a permit to use traps listed in this subsection for the purpose of protecting people from threats to their health and safety.
     (b) Nothing in this section prohibits the director from granting a special permit to use traps listed in this subsection to a person who applies for such a permit in writing, and who establishes that there exists on a property an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to guard animals, electric fencing, or box and cage traps, or if such nonlethal means cannot be reasonably applied. Upon making a finding in writing that the animal problem has not been and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty days.
     (c) Nothing in this section prohibits the director from granting a special permit to department employees or agents to use traps listed in this subsection where the use of the traps is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010.
     (d) Nothing in this section prohibits the director from issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife research.
     (5) Nothing in this section prohibits the United States fish and wildlife service, its employees or agents, from using a trap listed in subsection (4) of this section where the fish and wildlife service determines, in consultation with the director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.))) violation of subsection (1) of this section. Nothing in this section prohibits the donation of an animal carcass or pelt for scientific research and public health training.
     (3)(a) All trapping of wild animals may only be conducted by trappers licensed by the department under RCW 77.65.450 for the management of animal problems or for mammal population management and in accordance with the rules developed by the commission as they relate to wildlife trapping. However, nothing in this section prohibits the use of commonly used traps by property owners or their agents to control nuisance wildlife including, but not limited to, moles, mice, rats, and gophers.
     (b) Furbearing mammals may not be taken from the wild and held alive for sale or personal use. All trapping must be conducted in furtherance of a wildlife trapping program being implemented by the department for an animal problem, as that term is defined in RCW 77.15.192, or for mammal population management.
     (c) Wildlife trapped for a purpose other than to manage animal problems or mammal population management must, if possible, be released unharmed immediately upon discovery. The commission may adopt by rule or guideline procedures for the handling of any animal that is unable to be released unharmed.
     (d) Lawfully trapped wild animals must be humanely dispatched or immediately released. The commission may adopt by rule or guideline procedures for the humane dispatch of captured animals.
     (4)(a) It is unlawful for a licensed trapper to fail to complete and submit to the department a report of catch postmarked on or before April 20th of each year. The report must be submitted to the department regardless of trapping success, and indicate the number, general location, and species of all animals captured, including those animals captured that were not part of an animal problem or mammal population control. Trappers who fail to submit an accurate report of catch shall have their trapping privileges suspended for one year. False reports are considered failure to report. It is the responsibility of each licensed trapper to obtain and submit a report of catch on forms provided by the department.
     (b) The department shall maintain and analyze all catch reports received pursuant to (a) of this subsection. Data collected on catch reports must be presented to the appropriate legislative committees by November 30th of each year.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.12 RCW to read as follows:
     The commission shall adopt appropriate rules regarding the types of traps and bait for use in capturing wildlife to ensure the humane treatment of captured animals. In adopting these rules, the commission may take into consideration the effectiveness of various trap sizes, approved best management practices, and the habitats in which the traps may be used. These rules must address the time intervals during which specific traps must be checked and animals removed. These rules may not allow for the use of a prohibited body-gripping trap, as that term is defined in RCW 77.15.192, or a neck or body snare attached to a spring pole or any spring pole type device. The commission must also adopt rules for the appropriate disposal of carcasses.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall institute a furbearer management program that addresses mammal population dynamics and problem animals, and shall only issue trapping licenses and propose rules consistent with the program.

Sec. 6   RCW 77.65.450 and 1991 sp.s. c 7 s 3 are each amended to read as follows:
     A state trapping license allows the holder to trap fur-bearing animals throughout the state in accordance with the rules adopted by the commission under section 4 of this act; however, a trapper may not place traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner. A state trapping license is void on April 1st following the date of issuance. The fee for this license is thirty-six dollars for residents sixteen years of age or older, fifteen dollars for residents under sixteen years of age, and one hundred eighty dollars for nonresidents. The department may only issue trapping licenses for the control of animal problems, as that term is defined in RCW 77.15.192, for scientific purposes, and for mammal population management.

Sec. 7   RCW 77.65.460 and 1987 c 506 s 82 are each amended to read as follows:
     Persons purchasing a state trapping license for the first time shall present certification of completion of a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge.
     The director shall establish a program for training persons in trapping techniques and responsibilities in urban, suburban, and rural settings, including the use of trapping devices designed to painlessly capture or instantly kill. The director shall cooperate with ((national and)) Washington state animal, humane, hunter education, and trapping organizations in the development of a curriculum. Upon successful completion of the course, trainees shall receive a trapper's training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section.

Sec. 8   RCW 77.32.545 and 1998 c 190 s 121 are each amended to read as follows:
     A property owner, lessee, or tenant may remove a trap placed on the owner's, lessee's, or tenant's posted or fenced property by a trapper. A property owner, lessee, or tenant who discovers a trap placed on any portion of his or her property that is not authorized by the owner, lessee, or tenant, must report the finding to the department, including whether a live animal is captured in the trap. The commission may adopt by rule or guideline procedures for the handling of live animals discovered in such traps.
     Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height.
     When a property owner, lessee, or tenant presents a trapper identification number to the department for a trap found upon the property of the owner, lessee, or tenant and requests identification of the trapper, the department shall provide the requestor with the name and address of the trapper. Prior to disclosure of the trapper's name and address, the department shall obtain the name and address of the requesting individual in writing and after disclosing the trapper's name and address to the requesting individual, the requesting individual's name and address shall be disclosed in writing to the trapper whose name and address was disclosed.

Sec. 9   RCW 77.15.198 and 2001 c 1 s 5 are each amended to read as follows:
     Any person who violates RCW 77.15.194 or 77.15.196 is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the trapping license of any person convicted of a repeat violation of RCW 77.15.194 or 77.15.196. The director shall not issue the violator a trapping license for a period of five years following the revocation. ((Following a subsequent conviction for a violation of RCW 77.15.194 or 77.15.196 by the same person, the director shall not issue a trapping license to the person at any time)) A person may not be granted a new trapping license following a revocation under this section unless that person completes the education program outlined in RCW 77.65.460 not more than one year before a new license is granted.