SSB 5356 -
By Representative Dunshee
NOT CONSIDERED 04/22/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 2008 c 8 s 1 (uncodified) is amended to read as follows:
(1)(a) The department ((of fish and wildlife)), in cooperation and
collaboration with the county legislative authorities of Ferry,
Stevens, Pend Oreille, Chelan, and Okanogan counties, shall recommend
rules to establish a ((three-year pilot)) cougar control program within
select game management units of these counties and any counties
successfully petitioning for inclusion under section 2 of this act, to
pursue or kill cougars with the aid of dogs.
(b) A pursuit season and a kill season with the aid of dogs must be
established through the ((fish and wildlife)) commission's rule-making
process, utilizing local dangerous wildlife task teams comprised of the
two collaborating authorities. The two collaborating authorities shall
also develop a more effective and accurate dangerous wildlife reporting
system to ensure a timely response.
(c) The ((pilot)) program's primary goals are to provide for public
safety, to protect property, and to assess cougar populations.
(2) Any rules adopted by the ((fish and wildlife)) commission to
establish a ((pilot)) project allowing for the pursuit or hunting of
cougars with the aid of dogs under this section only must ensure that
all pursuits or hunts are:
(a) Designed to protect public safety or property;
(b) Reflective of the most current cougar population data;
(c) Conditioned on the licensed hunter participating in the cougar
hunting season not being permitted to exchange payment to a commercial
enterprise for the use of dogs for the purposes of hunting under the
license;
(d) Designed to generate data that is necessary for the department
to satisfy the reporting requirements of section 3 of this act; and
(((d))) (e) Consistent with any applicable recommendations emerging
from research on cougar population dynamics in a multiprey environment
((funded in whole or in part by the department of fish and wildlife)).
(((3) The department of fish and wildlife may authorize three
additional seasons in which cougars may be pursued or killed with dogs,
subject to the other conditions of the pilot project. The additional
seasons are authorized to aid the department in the gathering of
information necessary to formulate a recommendation to the legislature
regarding whether a permanent program is warranted, and if so, what
constraints, goals, and objectives should be included in a permanent
program.))
Sec. 2 2008 c 8 s 2 (uncodified) is amended to read as follows:
(1) A county legislative authority may request inclusion in the
((additional three years of the)) cougar control ((pilot project))
program authorized by section 1 of this act after taking the following
actions:
(((1))) (a) Adopting a resolution that requests inclusion in the
((pilot project)) program;
(((2))) (b) Documenting the need to participate in the ((pilot
project)) program by identifying the number of cougar/human encounters
and livestock and pet depredations;
(((3))) (c) Developing and agreeing to the implementation of an
education program designed to disseminate to landowners and other
citizens information about predator exclusion techniques and devices
and other nonlethal methods of cougar management; and
(((4))) (d) Demonstrating that existing cougar depredation permits,
public safety cougar hunts, or other existing wildlife management tools
have not been sufficient to deal with cougar incidents in the county.
(2) The department shall automatically include a county
participating in the initial pilot program authorized by chapter 8,
Laws of 2008 into the program extension authorized in section 1 of this
act under the initial terms of inclusion.
NEW SECTION. Sec. 3 A new section is added to chapter 77.12 RCW
to read as follows:
The department shall biennially deliver to the legislature,
consistent with RCW 43.01.036, a report summarizing the cougar control
program authorized in section 1 of this act. The report must include
information relating to how the program has been used to assess cougar
population levels and protect public safety and property. The report
may also include any recommendations as to how the cougar control
program can be changed to achieve more effective or efficient cougar
management.
Sec. 4 RCW 77.15.245 and 2005 c 107 s 1 are each amended to read
as follows:
(1) Notwithstanding the provisions of RCW 77.12.240, ((77.36.020,))
77.36.030, or any other provisions of law, 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)(a) Notwithstanding RCW 77.12.240, ((77.36.020,)) 77.36.030, or
any other provisions of law, and except as provided in section 1 of
this act, it is unlawful to hunt or pursue black bear, cougar, bobcat,
or lynx with the aid of a dog or dogs.
(((a))) (b) 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.
(((b))) (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 a dog or dogs for the pursuit,
capture and relocation, of black bear, cougar, bobcat, or lynx for
scientific purposes.
(((c))) (d) 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 killing of
black bear, cougar, or bobcat, for the protection of a state and/or
federally listed threatened or endangered species.
(3)(a) ((Notwithstanding)) Except as provided in subsection (2) of
this section and section 1 of this act, the commission shall authorize
the use of dogs only in selected areas within a game management unit to
address a public safety need presented by one or more cougar. This
authority may only be exercised after the commission has determined
that no other practical alternative to the use of dogs exists, and
after the commission has adopted rules describing the conditions in
which dogs may be used. Conditions that may warrant the use of dogs
within a game management unit include, but are not limited to,
confirmed cougar/human safety incidents, confirmed cougar/livestock and
cougar/pet depredations, and the number of cougar capture attempts and
relocations.
(b) The department shall post on their internet web site the known
details of all reported cougar/human, cougar/pet, or cougar/livestock
interactions within ten days of receiving the report. The posted
material must include, but is not limited to, the location and time of
all reported sightings, and the known details of any cougar/livestock
incidents.
(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 department shall revoke the hunting license of a person
who violates subsection (1) or (2) of this section and order the
suspension of wildlife hunting privileges 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. 5 The initial report required under section 3
of this act must be delivered by October 31, 2013.
NEW SECTION. Sec. 6 Sections 1 and 2 of this act are each added
to chapter
NEW SECTION. Sec. 7 The secretary of state shall submit this act
to the people for their adoption and ratification, or rejection, at the
next general election to be held in this state, in accordance with
Article II, section 1 of the state Constitution and the laws adopted to
facilitate its operation."
Correct the title.
EFFECT: Makes permanent the cougar control pilot program, prohibits program participants from paying commercial operations for the use of dogs, removes the specification that the research required to be used in the cougar control project must be that research that is funded by the department of fish and wildlife, requires biennial reporting on the program from the department of fish and wildlife, and adds a referendum clause.