AN ACT Relating to game ranching; amending RCW 77.12.030; adding a new section to chapter 16.60 RCW; adding a new chapter to Title 15 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that decreasing markets for agricultural use of land has severely affected the economic stability of Washington state, and new land uses for income production are needed. Further, existing land uses have caused decreasing habitat areas for wild game. The legislature intends to encourage landowners to engage in the commercial management of game animals by revised land use planning to supplement or replace domestic animals and certain field crops as a source of income for the landowners and for the state. It is intended that certain lands be converted to game ranches on the European and African models to maximize opportunities for public game viewing, photography, or hunting.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Big game" shall have the same meaning as under RCW 77.08.030 and may also include exotic species.

(2) "Game ranch" means property, including public or private zoos, on which big game is properly enclosed with fencing required under this chapter and the game is raised for hunting, purchase, propagation, or sale. The term "game ranch" does not include state operated game farms or facilities required to be registered under RCW 75.58.040.

(3) "Authority" means an authorized representative of the department of agriculture.

(4) "Board" means the game ranching board.

NEW SECTION. Sec. 3. (1) All persons engaging in game ranching shall register with the department on forms provided by the department. The department shall file the registration with the secretary of state. The registration shall include the name of all natural persons involved, the business address of the game ranch, the legal description of the land to be enclosed, and the date that the fenced enclosure will be completed. An amendment to the registration shall be filed any time there is a change in any of the information required under this subsection.

(2) A license is required before a person registered under subsection (1) of this section can operate a game ranch. The fee for the license shall be twenty-five dollars per year. The license may be renewed each year upon payment of the fee so long as the licensee is in compliance with the requirements of this chapter and any rules adopted in this chapter. The board shall issue the license.

NEW SECTION. Sec. 4. (1) The laws of this state and rules of the game commission, or its successor, governing ownership of game animals, hunting seasons, and bag limits do not apply to registered game ranches.

(2) The following activities are authorized on registered game ranches:

(a) Establishing herds of game from resident native animals on the ranch when the authorized fenced enclosure is established.

(b) Establishing herds of game from animals introduced to the ranch, including exotic species.

(c) Managing the game as necessary, including breeding, feeding, and harvesting the animals and improving the environment as necessary.

(d) Providing access to the ranch, for fees or otherwise, for the purposes including but not limited to, observation of game, game photography, scientific research, or hunting.

(e) Setting requirements for the seasons for hunting and the number of animals which may be hunted on the ranch.

(f) Maintaining facilities on the ranch including but not limited to lodging, supply stores, and food establishments.

(g) Accept game animals from any authorized source including but not limited to other game ranchers or problem or surplus animals from the department of game, or its successor.

NEW SECTION. Sec. 5. It is a violation of this chapter to:

(1) Operate a game ranch without being registered and licensed as required under this chapter.

(2) Entrap concentrated wild game by: (a) Building a new fence enclosure between November 1 to April 1 of any year, or (b) baiting or feeding wild game anywhere on the area of the intended enclosure for one year before the area is enclosed.

(3) Remove a big game animal from the wild and place the animal on the ranch unless such removal is specifically authorized by the board or the director of game, or its successor, or the director's authorized agent.

(4) Permit any break in the game ranch fence once the enclosure is complete unless such break is authorized by the board.

(5) Build a game-proof fence without being licensed and having registered as required under this chapter. Nothing in this chapter shall prohibit building fences authorized for the protection of crops or livestock as authorized under Title 16 RCW if consistent with the provisions of this chapter.

(6) Build game-impeding fences which are any fences of mesh of twenty-four inches or less and more than four feet high, of game-proof fences which are fences of mesh of twelve inches or less and more than six feet high, unless the fences are erected to protect agricultural fields, and wild game travel routes of fence free corridors are provided at least once for every mile of fence. Adjoining properties shall not be connected by game-impeding fences or game proof fences if there would be interference with the natural movement or migration of wild animals.

(7) Sell or purchase a big game animal without issuing or receiving a receipt regarding the transaction. The receipt shall contain at a minimum the ranch registration number, names and addresses of seller and purchaser, date of the sale or purchase, and the quantity, sex, and species of the big game bought or sold.

(8) Fail to maintain records of all transactions as required by the division.

(9) Permit wildlife other than the big game animals maintained on the ranch to be hunted without complying with the applicable provisions of chapter 77.12 RCW.

(10) Maintain a game-proof fence or game-impeding fence that separates big game animals outside of the ranch from satisfactory winter range areas or water sources unless such fence or fences are specifically authorized by the board after consultation with the director of game or its successor.

(11) Intentionally damage, open, or in any manner allow big game animals to escape through a game-proof or game-impeding fence, and in addition to the penalties provided for in this chapter the person shall be liable for the loss sustained by the landowner.

(12) Accidently damage, open, or in any manner allow big game animals to escape through a game-proof or game-impeding fence unless the owner is immediately notified and the person causing the damage takes all reasonable attempts to prevent the loss of the big game, in which circumstance the person shall only be liable for the actual damage sustained by the owner.

(13) Interfere with the attempt of an owner or agent of the owner to recover within a reasonable time big game animals that have escaped from a big game ranch.

(14) Fail to maintain an authorized game-proof or game- impeding fence. If, however, a big game animal escapes from a ranch and the owner is unable to recapture it within a reasonable period of time, such animal shall be deemed a wild animal and become the property of the state.

NEW SECTION. Sec. 6. Agents of the department or the department of game or its successor may inspect the records or the game ranches and the condition of the big game animals and may offer assistance when requested. Personnel of the departments shall not enter game ranches without permission unless otherwise authorized by law. Every owner or operator of a game ranch may detain a person violating the laws of this state on a game ranch for such time as is necessary to permit questioning by an authorized person of the department or the department of game or its successor. The department shall be immediately notified of such detention.

NEW SECTION. Sec. 7. (1) The game ranching board is established. The members of the board shall serve three-year terms. The terms of the initial members shall be staggered. The members shall be appointed by the governor from lists of members recommended by sporting clubs, zoos, or agricultural associations located in this state. Board members shall serve without compensation, but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(2) The board may adopt rules under chapter 34.04 RCW to carry out the provisions of this chapter.

(3) The board shall have the authority to issue or revoke licenses. A public hearing shall be held thirty days before a license is issued, with notice published a minimum of ten days before the hearing in a newspaper of general circulation in the county where the proposed ranch will be located and in a local hunting or sportsman's newspaper if any. A license revocation proceeding shall be conducted as a contested case under chapter 34.04 RCW.

(4) The board shall have jurisdiction to require the dismantling or alteration of fences found to be in violation of this chapter.

NEW SECTION. Sec. 8. A violation of this chapter or rules adopted under this chapter is punishable by up to six months confinement in a county jail or six thousand dollars, or both. Each day of a continuing violation shall be deemed a separate violation.

NEW SECTION. Sec. 9. A new section is added to chapter 16.60 RCW to read as follows:

A fence constructed in violation of chapter 15.-- RCW (sections 1 through 8 of this act) is not a lawful fence.

Sec. 10. Section 77.12.030, chapter 36, Laws of 1955 as last amended by section 2, chapter 240, Laws of 1984 and RCW 77.12.030 are each amended to read as follows:

(1) The commission may regulate the taking, possession, collection, distribution, importation, transportation, and sale of wildlife and deleterious exotic wildlife species except as provided in subsection (2) of this section.

(2) The provisions of this section do not authorize the regulation of big game ranches, big game ranch operations, or the sale or transportation of big game ranch products.

NEW SECTION. Sec. 11. Sections 1 through 8 of this act shall constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.