FINAL BILL REPORT

SB 6480

PARTIAL VETO

                                   C 265 L 88

BYSenators DeJarnatt, Metcalf, Owen and Pullen

Establishing the crime of obstructing the taking of fish or wildlife.

Senate Committee on Environment & Natural Resources

House Committe on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

There is no law which specifically prohibits interference with licensed hunters and fishermen who hunt and fish during a legally established season.  A person who interferes with legal hunting and fishing activities cannot be stopped by the Department of Wildlife without legal authority.

SUMMARY:

It is a crime to obstruct the taking of fish or wildlife if a person attempts to harass, drive or disturb fish or wildlife with the intent of disrupting the lawful pursuit of hunting or fishing.  Attempting to harass, interfere with or intimidate an individual engaged in the lawful taking of fish or wildlife or lawful predator control is prohibited.

Charges may not be made against a person when interfering with a person engaged in hunting outside legally established hunting seasons.  A person may not be charged when preventing the injury or killing of a protected wildlife species or when preventing unauthorized trespass on private property.  A person may not be charged when defending oneself or another person from bodily harm or property damage by a person attempting to prevent hunting in a legally established hunting season.  Violation of the act is a gross misdemeanor under the State Wildlife Code.

A person who is damaged by any prohibited act may recover treble civil damages upon proof of a violation of the provisions of the act and by showing a preponderance of evidence.  The state can obtain an injunction in civil court against persons who violate the act.  Reasonable attorney fees may be awarded by a court.

The violations sections of the wildlife code are modified to include the provisions relating to hunting and fishing harassment.  The section of the law relating to harassment is modified to include fish and wildlife harassment.

VOTES ON FINAL PASSAGE:

      Senate    44     3

      House 98   0 (House amended)

      Senate    40     4 (Senate concurred)

EFFECTIVE:July 1, 1988

Partial Veto Summary:  The section adding wildlife to the general harassment law in 9A.46 RCW is vetoed.  (See VETO MESSAGE)