E2SHB 2365 -
By Committee on Energy, Natural Resources & Marine Waters
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this title or
rules adopted under this title unless the context clearly requires
otherwise.
(1) "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.
(2) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under subsections (3), (28), (40), (44), (60), and (61) of this
section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c),
and aquatic nuisance species as defined under RCW 77.60.130(1).
(3) "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.
(4) "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.
(5) "Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(6) "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.
(7) "Closed waters" means all or part of a lake, river, stream, or
other body of water, where fishing or harvesting is prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife commission.
(10) "Concurrent waters of the Columbia river" means those waters
of the Columbia river that coincide with the Washington-Oregon state
boundary.
(11) "Contraband" means any property that is unlawful to produce or
possess.
(12) "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.
(13) "Department" means the department of fish and wildlife.
(14) "Director" means the director of fish and wildlife.
(15) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(16) "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.
(17) "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.
(18) "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.
(19) "Fish broker" means a person whose business it is to bring a
seller of fish and shellfish and a purchaser of those fish and
shellfish together.
(20) "Fishery" means the taking of one or more particular species
of fish or shellfish with particular gear in a particular geographical
area.
(21) "Freshwater" means all waters not defined as saltwater
including, but not limited to, rivers upstream of the river mouth,
lakes, ponds, and reservoirs.
(22) "Fur-bearing animals" means game animals that shall not be
trapped except as authorized by the commission.
(23) "Game animals" means wild animals that shall not be hunted
except as authorized by the commission.
(24) "Game birds" means wild birds that shall not be hunted except
as authorized by the commission.
(25) "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.
(26) "Game reserve" means a closed area where hunting for all wild
animals and wild birds is prohibited.
(27) "Illegal items" means those items unlawful to be possessed.
(28) "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.
(29) "License year" means the period of time for which a
recreational license is valid. The license year begins April 1st, and
ends March 31st.
(30) "Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(31) "Money" means all currency, script, personal checks, money
orders, or other negotiable instruments.
(32) "Nonresident" means a person who has not fulfilled the
qualifications of a resident.
(33) "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.
(34) "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.
(35) "Owner" means the person in whom is vested the ownership
dominion, or title of the property.
(36) "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.
(37) "Personal property" or "property" includes both corporeal and
incorporeal personal property and includes, among other property,
contraband and money.
(38) "Personal use" means for the private use of the individual
taking the fish or shellfish and not for sale or barter.
(39) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(40) "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.
(41) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(42) "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.
(43) "Recreational and commercial watercraft" includes the boat, as
well as equipment used to transport the boat, and any auxiliary
equipment such as attached or detached outboard motors.
(44) "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.
(45) "Resident" means:
(a) 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; and
(b) A person age eighteen or younger who does not qualify as a
resident under (a) of this subsection, but who has a parent that
qualifies as a resident under (a) of this subsection.
(46) "Retail-eligible species" means commercially harvested salmon,
crab, and sturgeon.
(47) "Saltwater" means those marine waters seaward of river mouths.
(48) "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.
(49) "Senior" means a person seventy years old or older.
(50) "Shark fin" means a raw, dried, or otherwise processed
detached fin or tail of a shark.
(51)(a) "Shark fin derivative product" means any product intended
for use by humans or animals that is derived in whole or in part from
shark fins or shark fin cartilage.
(b) "Shark fin derivative product" does not include a drug approved
by the United States food and drug administration and available by
prescription only or medical device or vaccine approved by the United
States food and drug administration.
(52) "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.
(53) "State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the
state.
(54) "To fish," "to harvest," and "to take," and their derivatives
means an effort to kill, injure, harass, or catch a fish or shellfish.
(55) "To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(56) "To process" and its derivatives mean preparing or preserving
fish, wildlife, or shellfish.
(57) "To trap" and its derivatives means a method of hunting using
devices to capture wild animals or wild birds.
(58) "Trafficking" means offering, attempting to engage, or
engaging in sale, barter, or purchase of fish, shellfish, wildlife, or
deleterious exotic wildlife.
(59) "Unclaimed" means that no owner of the property has been
identified or has requested, in writing, the release of the property to
themselves nor has the owner of the property designated an individual
to receive the property or paid the required postage to effect delivery
of the property.
(60) "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.
(61) "Unregulated aquatic animal species" means a nonnative animal
species that has been classified as an unregulated aquatic animal
species by the commission.
(62) "Wholesale fish dealer" means a person who, acting for
commercial purposes, takes possession or ownership of fish or shellfish
and sells, barters, or exchanges or attempts to sell, barter, or
exchange fish or shellfish that have been landed into the state of
Washington or entered the state of Washington in interstate or foreign
commerce.
(63) "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.
(64) "Wild birds" means those species of the class Aves whose
members exist in Washington in a wild state.
(65) "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.
(66) "Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(67) "Building" means a private domicile, garage, barn, or public
or commercial building.
(68) "Food, food waste, or other substance" includes human and pet
food or other waste or garbage that could attract large wild
carnivores.
(69) "Intentionally feed, attempt to feed, or attract" means to
purposefully or knowingly provide, leave, or place in, on, or about any
land or building any food, food waste, or other substance that attracts
or could attract large wild carnivores to that land or building.
"Intentionally feed, attempt to feed, or attract" does not include
keeping food, food waste, or other substance in an enclosed garbage
receptacle or other enclosed container unless specifically directed by
a fish and wildlife officer or animal control authority to secure the
receptacle or container in another manner.
(70) "Large wild carnivore" includes wild bear, cougar, and wolf.
(71) "Negligently feed, attempt to feed, or attract" means to
provide, leave, or place in, on, or about any land or building any
food, food waste, or other substance that attracts or could attract
large wild carnivores to that land or building, without the awareness
that a reasonable person in the same situation would have with regard
to the likelihood that the food, food waste, or other substance could
attract large wild carnivores to the land or building. "Negligently
feed, attempt to feed, or attract" does not include keeping food, food
waste, or other substance in an enclosed garbage receptacle or other
enclosed container unless specifically directed by a fish and wildlife
officer or animal control authority to secure the receptacle or
container in another manner.
Sec. 2 RCW 77.08.030 and 1980 c 78 s 11 are each amended to read
as follows:
As used in this title or rules of the commission, "big game" means
the following species:
Scientific Name | Common Name |
Cervus canadensis | elk or wapiti |
Odocoileus hemionus | blacktail deer or mule deer |
Odocoileus virginianus | whitetail deer |
Alces americana | moose |
Oreamnos americanus | mountain goat |
Rangifer caribou | woodland caribou |
Ovis canadensis | mountain sheep |
Antilocapra americana | pronghorn antelope |
(( | cougar or mountain lion |
(( | black bear |
Ursus horribilis | grizzly bear |
Canis lupus | gray wolf |
Sec. 3 RCW 77.36.010 and 2009 c 521 s 184 and 2009 c 333 s 54 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Claim" means an application to the department for compensation
under this chapter.
(2) "Commercial crop" means a horticultural or agricultural
product, including the growing or harvested product. For the purposes
of this chapter all parts of horticultural trees shall be considered a
commercial crop and shall be eligible for claims.
(3) "((Commercial)) Livestock" means cattle, sheep, and horses
((held or raised by a person for sale)).
(4) "Compensation" means a cash payment, materials, or service.
(5) "Damage" means economic losses caused by wildlife interactions.
(6) "Immediate family member" means spouse, state registered
domestic partner, brother, sister, grandparent, parent, child, or
grandchild.
(7) "Owner" means a person who has a legal right to commercial
crops, ((commercial)) livestock, or other property that was damaged
during a wildlife interaction.
(8) "Wildlife interaction" means the negative interaction and the
resultant damage between wildlife and commercial crops, ((commercial))
livestock, or other property.
NEW SECTION. Sec. 4 A new section is added to chapter 77.36 RCW
to read as follows:
The wildlife conflict account is created in the custody of the
state treasurer. Prior to the end of each biennium, the department
must transfer to the wildlife conflict account the balance of
unexpended state funds authorized to be used for livestock claims and
assessment costs under section 5 of this act and appropriated for
mitigation, claims, and assessment costs for injury to or loss of
livestock submitted under RCW 77.36.100. The department may accept
money or personal property from persons under conditions requiring the
property or money to be used consistent with the intent of this
section. Expenditures from the account may be used only for the
mitigation, assessment, and payment of livestock losses consistent with
this chapter. Only the director or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
NEW SECTION. Sec. 5 A new section is added to chapter 77.36 RCW
to read as follows:
(1) The department may not pay more than fifty thousand dollars per
fiscal year from the state wildlife account created in RCW 77.12.170
for claims and assessment costs for injury or loss of livestock
submitted under RCW 77.36.100.
(2) The department may accept and expend money from other sources
to address losses or damage to livestock or other property.
(3) Prior to the end of any biennium in which the department
expends fewer state funds from the state wildlife account than is
authorized under subsection (1) of this section, under the specific
authority provided in this section, the unexpended amount must be
transferred to the wildlife conflict account created in section 4 of
this act.
Sec. 6 RCW 77.36.100 and 2009 c 333 s 55 are each amended to read
as follows:
(1)(a) Except as limited by RCW 77.36.070 and 77.36.080, the
department shall offer to distribute money appropriated to pay claims
to the owner of commercial crops for damage caused by wild deer or elk
((or to the owners of commercial livestock that has been killed by
bears, wolves, or cougars, or injured by bears, wolves, or cougars to
such a degree that the market value of the commercial livestock has
been diminished)). Payments for claims for damage to ((commercial))
livestock ((are not subject to the limitations of RCW 77.36.070 and
77.36.080, but may not exceed the total amount specifically
appropriated therefor)) that have been killed or that have been injured
by large wild carnivores to such a degree that the market value of the
livestock has been diminished, are subject to the limitations of
section 5(1) of this act and may not exceed the total amount
specifically appropriated therefor.
(b) Owners of commercial crops or ((commercial)) livestock are only
eligible for a claim under this subsection if:
(i) The owner satisfies the definition of "eligible farmer" in RCW
82.08.855;
(ii) The conditions of RCW 77.36.110 have been satisfied; and
(iii) The damage caused to the commercial crop or ((commercial))
livestock satisfies the criteria for damage established by the
commission under (c) of this subsection.
(c) The commission shall adopt and maintain by rule criteria that
clarifies the damage to commercial crops and ((commercial)) livestock
qualifying for compensation under this subsection. An owner of a
commercial crop or ((commercial)) livestock must satisfy the criteria
prior to receiving compensation under this subsection. The criteria
for damage adopted under this subsection must include, but not be
limited to, a required minimum economic loss to the owner of the
commercial crop or ((commercial)) livestock, which may not be set at a
value of less than five hundred dollars.
(2)(a) The department may offer to provide noncash compensation
((only)) to offset wildlife interactions to a person who applies to the
department for compensation for damage to property other than
commercial crops or ((commercial)) livestock that is the result of a
mammalian or avian species of wildlife on a case-specific basis if the
conditions of RCW 77.36.110 have been satisfied and if the damage
satisfies the criteria for damage established by the commission under
(b) of this subsection.
(b) The commission shall adopt and maintain by rule criteria for
damage to property other than a commercial crop or ((commercial))
livestock that is damaged by wildlife and may be eligible for
compensation under this subsection, including criteria for filing a
claim for compensation under this subsection.
(3)(a) To prevent or offset wildlife interactions, the department
may offer materials or services to a person who applies to the
department for assistance in providing mitigating actions designed to
reduce wildlife interactions if the actions are designed to address
damage that satisfies the criteria for damage established by the
commission under this ((subsection)) section.
(b) The commission shall adopt and maintain by rule criteria for
mitigating actions designed to address wildlife interactions that may
be eligible for materials and services under this section, including
criteria for submitting an application under this section.
(4) An owner who files a claim under this section may appeal the
decision of the department pursuant to rules adopted by the commission
if the claim:
(a) Is denied; or
(b) Is disputed by the owner and the owner disagrees with the
amount of compensation determined by the department.
(5) The commission shall adopt rules setting limits and conditions
for the department's expenditures on claims and assessments for
commercial crops, livestock, other property, and mitigating actions.
Sec. 7 RCW 77.36.130 and 2009 c 333 s 58 are each amended to read
as follows:
(1) Except as otherwise provided in this section and as limited by
RCW 77.36.100, 77.36.070, ((and)) 77.36.080, and section 5(1) of this
act, the cash compensation portion of each claim by the department
under this chapter is limited to the lesser of:
(a) The value of the damage to the property by wildlife, reduced by
the amount of compensation provided to the claimant by any nonprofit
organizations that provide compensation to private property owners due
to financial losses caused by wildlife interactions((, except that,
subject to appropriation to pay compensation for damage to commercial
livestock,)). The value of killed or injured ((commercial)) livestock
may be no more than two hundred dollars per sheep, one thousand five
hundred dollars per head of cattle, and one thousand five hundred
dollars per horse; or
(b) Ten thousand dollars.
(2) The department may offer to pay a claim for an amount in excess
of ten thousand dollars to the owners of commercial crops or
((commercial)) livestock filing a claim under RCW 77.36.100 only if the
outcome of an appeal filed by the claimant under RCW 77.36.100
determines a payment higher than ten thousand dollars.
(3) All payments of claims by the department under this chapter
must be paid to the owner of the damaged property and may not be
assigned to a third party.
(4) The burden of proving all property damage, including damage to
commercial crops and ((commercial)) livestock, belongs to the claimant.
NEW SECTION. Sec. 8 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person may not negligently feed or attempt to feed large wild
carnivores or negligently attract large wild carnivores to land or a
building.
(2) If a fish and wildlife officer, ex officio fish and wildlife
officer, or animal control authority as defined in RCW 16.30.010, has
probable cause to believe that a person is negligently feeding,
attempting to feed, or attracting large wild carnivores to land or a
building by placing or locating food, food waste, or other substance
in, on, or about any land or building, and the food, food waste, or
other substance poses a risk to the safety of any person, livestock, or
pet because it is attracting or could attract large wild carnivores to
the land or building, that person commits an infraction under chapter
7.84 RCW.
(3) Subsection (2) of this section does not apply to:
(a) A person who is engaging in forest practices in accordance with
chapter 76.09 RCW or in hunting or trapping wildlife in accordance with
all other applicable provisions of this title or rules of the
commission or the director;
(b) A person who is engaging in a farming or ranching operation
that is using generally accepted farming or ranching practices
consistent with Titles 15 and 16 RCW;
(c) Waste disposal facilities that are operating in accordance with
applicable federal, state, and municipal laws;
(d) Entities listed in RCW 16.30.020(1) (a) through (j) and
scientific collection permit holders; or
(e) A fish and wildlife officer or employee or agent of the
department operating under the authority of or upon request from an
officer conducting authorized wildlife capture activities to address a
threat to human safety or a wildlife interaction as defined in RCW
77.36.010.
(4) For persons and entities listed in subsection (3) of this
section, a fish and wildlife officer, ex officio fish and wildlife
officer, or animal control authority as defined in RCW 16.30.010, may
issue a written warning to the person or entity if:
(a) The officer or animal control authority can articulate facts to
support that the person or entity has placed or is responsible for
placing food, food waste, or other substance in, on, or about the
person's or entity's land or buildings; and
(b) The food, food waste, or other substance poses a risk to the
safety of any person, livestock, or pet because the food, food waste,
or other substance is attracting or could attract large wild carnivores
to the land or buildings.
(5)(a) Any written warning issued under subsection (4) of this
section requires the person or entity placing or otherwise responsible
for placing the food, food waste, or other substance, to contain, move,
or remove that food, food waste, or other substance within two days.
(b) If a person who is issued a written warning under (a) of this
subsection fails to contain, move, or remove the food, food waste, or
other substance as directed, the person commits an infraction under
chapter 7.84 RCW.
NEW SECTION. Sec. 9 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person may not intentionally feed or attempt to feed large
wild carnivores or intentionally attract large wild carnivores to land
or a building.
(2) A person who intentionally feeds, attempts to feed, or attracts
large wild carnivores to land or a building is guilty of a misdemeanor.
(3) A person who is issued an infraction under section 8 of this
act for negligently feeding, attempting to feed, or attracting large
wild carnivores to land or a building, and who fails to contain, move,
or remove the food, food waste, or other substance within twenty-four
hours of being issued the infraction, is guilty of a misdemeanor.
Sec. 10 RCW 77.15.160 and 2000 c 107 s 237 are each amended to
read as follows:
A person is guilty of an infraction, which shall be cited and
punished as provided under chapter 7.84 RCW, if the person:
(1) Fails to immediately record a catch of fish or shellfish on a
catch record card required by RCW 77.32.430, or required by rule of the
commission under this title; ((or))
(2) Fishes for personal use using barbed hooks in violation of any
rule; ((or))
(3) Negligently feeds, attempts to feed, or attract large wild
carnivores in violation of section 8 of this act;
(4) Commits any offense designated as an infraction under this
title; or
(5) Violates any other rule of the commission or director that is
designated by rule as an infraction.
Sec. 11 RCW 77.15.120 and 2000 c 107 s 236 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of endangered fish or
wildlife in the second degree if the person hunts, fishes, possesses,
maliciously harasses or kills fish or wildlife, or maliciously destroys
the nests or eggs of fish or wildlife and the fish or wildlife is
designated by the commission as endangered, and the taking is not
consistent with RCW 77.36.030 or has not been authorized by rule of the
commission.
(2) A person is guilty of unlawful taking of endangered fish or
wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or convicted of
any crime under this title involving the killing, possessing,
harassing, or harming of endangered fish or wildlife; and
(b) Within five years of the date of the prior conviction the
person commits the act described by subsection (1) of this section.
(3)(a) Unlawful taking of endangered fish or wildlife in the second
degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the first
degree is a class C felony. The department shall revoke any licenses
or tags used in connection with the crime and order the person's
privileges to hunt, fish, trap, or obtain licenses under this title to
be suspended for two years.
Sec. 12 RCW 77.36.030 and 2009 c 333 s 61 are each amended to
read as follows:
(1) Subject to limitations and conditions established by the
commission, the owner, the owner's immediate family member, the owner's
documented employee, or a tenant of real property may trap, consistent
with RCW 77.15.194, or kill wildlife that is threatening human safety
or causing property damage on that property, without the licenses
required under RCW 77.32.010 or authorization from the director under
RCW 77.12.240.
(2) The commission shall establish the limitations and conditions
of this section by rule. The rules must include:
(a) Appropriate protection for threatened or endangered species;
(b) Instances when verbal or written permission is required to kill
wildlife;
(c) Species that may be killed under this section; and
(d) Requirements for the disposal of wildlife trapped or killed
under this section.
(3) The commission's rules must allow for an owner, the owner's
immediate family member, or the owner's documented employee to kill a
gray wolf, regardless of state classification, without a permit when
there is physical evidence that the wolf is in the act of attacking the
owner's livestock.
(4) In establishing the limitations and conditions of this section,
the commission shall take into consideration the recommendations of the
Washington state wolf conservation and management plan."
E2SHB 2365 -
By Committee on Energy, Natural Resources & Marine Waters
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 77.08.030, 77.36.100, 77.36.130, 77.15.160, 77.15.120, and 77.36.030; reenacting and amending RCW 77.08.010 and 77.36.010; adding new sections to chapter 77.36 RCW; adding new sections to chapter 77.15 RCW; and prescribing penalties."
EFFECT: Clarifies the exemption for fish and wildlife officers and department employees on an infraction for feeding or attempting to attract large wild carnivores to land or a building.