SENATE BILL REPORT

SB 6480

BYSenators DeJarnatt, Metcalf, Owen and Pullen

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

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 26, 1988

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Barr, Benitz, DeJarnatt, Owen, Patterson.

Senate Staff:Vic Moon (786-7469)

                  March 3, 1988

AS PASSED SENATE, FEBRUARY 9, 1988

BACKGROUND:

There are no statutory provisions which specifically prohibit interference with licensed hunters and fishermen who hunt and fish during a legally established season.  Some individuals may interfere with the legal hunting and fishing activities and without statutory authority, the Department of Wildlife may not control such interference.

SUMMARY:

A person commits the crime of obstructing the taking of fish or wildlife if the person baits or attempts to lure fish or wildlife away from an area or 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.

A person may not be charged when he or she interferes with a person engaged in hunting outside legally established hunting seasons.  A person may not be charged when they are preventing the injury or killing of a protected wildlife species or when they are 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 RCW 77.21.010 (the State Wildlife Code).

A person who is damaged by any prohibited act may recover treble civil damages.  Parties seeking civil damages may recover upon proof of a violation of the provisions of the act and by showing a preponderance of evidence.  The State of Washington or any person may have relief by injunction against persons who violate the act.  Any person recovering a judgment under the act may be awarded reasonable attorney fees.

The violations sections of RCW 77.16 are modified to include the provisions relating to hunting and fishing harassment.  RCW 9A.46, relating to harassment, is modified to include fish and wildlife harassment.  The act takes effect July 1, 1988.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1988

Senate Committee - Testified: Mike Krei, National Rifle Association

HOUSE AMENDMENT:

The House striking amendment is the bill as passed the Senate with two changes which clarify the state's authority to seek civil damages and re-words the conditions for harassment of wildlife and fish.