BILL REQ. #:  S-0997.4 

READ FIRST TIME 02/11/03.   

     AN ACT Relating to body-gripping traps; amending RCW 77.08.010, 77.15.194, 77.65.450, 77.65.460, 77.32.545, and 77.15.198; adding new sections to chapter 77.12 RCW; repealing RCW 77.15.192; and declaring an emergency.

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 to manage all natural resources in trust 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 state 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 can be a valuable commercial activity, when consistent with a sound furbearer management program, and benefit 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 indiscriminate or painful traps and to use all traps humanely. 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 77.08.010 and 2002 c 281 s 2 are each amended to read as follows:
     As used in this title or rules adopted under this title, unless the context clearly requires otherwise:
     (1) "Director" means the director of fish and wildlife.
     (2) "Department" means the department of fish and wildlife.
     (3) "Commission" means the state fish and wildlife commission.
     (4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (12) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
     (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.
     (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (31) "Senior" means a person seventy years old or older.
     (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (33) "Saltwater" means those marine waters seaward of river mouths.
     (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.
     (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (41) "Commercial" means related to or connected with buying, selling, or bartering.
     (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
     (45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (49) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (55) "Prohibited body-gripping trap" means a steel trap that grips an animal's body or body part with teeth or serrated edges.
     (56) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
     (57) "Animal problem" means any classified furbearing mammal or unclassified mammal that threatens or damages timber, publicly owned or private property, or that threatens or injures livestock, human health or safety, or any other domestic animal or wildlife population.
     (58) "Nuisance wildlife" means wildlife so designated by the department by rule.

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 humanely. 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, for the live capture of raptors for falconry, scientific research, or to manage a bird problem as authorized by rule of the commission, for scientific research, 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, for scientific research, 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, mountain beavers, 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, for scientific research, or for mammal population management.
     (c) Wildlife trapped for a purpose other than to manage animal problems, for scientific research, 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, if not intended for release, must be humanely dispatched, or if intended for release, must be either immediately released or immediately taken to a rehabilitation center, if necessary. 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.
     (5) Employees or agents of the United States department of agriculture wildlife services program and of the United States fish and wildlife service, acting lawfully within the scope of their authority, are not subject to the provisions of this section.

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 77.08.010, 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 77.08.010, for scientific research, and for mammal population management. The live capture of raptors for falconry, scientific research, or to manage a bird problem by use of a foot snare or other body-gripping trap may also be authorized by rule of the commission.

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, may 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.

NEW SECTION.  Sec. 10   RCW 77.15.192 (Definitions) and 2001 c 1 s 2 are each repealed.

NEW SECTION.  Sec. 11   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.