H-2737              _______________________________________________

                                                   HOUSE BILL NO. 1226

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Bumgarner, Sutherland, Allen, Walker, Beck, L. Smith, Fuhrman, Doty, Winsley, Meyers, C. Smith, Betrozoff, S. Wilson, Taylor, Moyer, Ferguson, D. Sommers, Brooks, Rayburn, Bristow, Chandler, Silver, Miller, Sayan, Haugen, K. Wilson, Braddock, Baugher, Amondson, Day, B. Williams, Lewis, May, Zellinsky, Schoon and Vekich

Read first time 4/10/87 and referred to Committee on Natural Resources.

AN ACT Relating to the department of game; and amending RCW 77.12.055.

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

        Sec. 1.  Section 17, chapter 78, Laws of 1980 as amended by section 2, chapter 155, Laws of 1985 and RCW 77.12.055 are each amended to read as follows:

          (1) Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules of the commission pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature.  However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state.  The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

The commission shall calculate and assure realization of economic benefits to the wildlife of the state by management of the state's deer, elk, moose, mountain goats, and mountain sheep.  Seasons for bull elk shall be set to accordingly assure that only mature elk are taken.  Effective in 1990, all bull elk taken east of the crest of the Cascade mountains shall have four points or better on each antler.

The director shall plan the conservative, orderly harvest of bull elk in eastern Washington to provide moderate hunting of branch antlered bulls in the period from 1988 to 1989.

          (2) Wildlife agents are peace officers.

          (3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the department of game unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of game and another agency.

          (4) Wildlife agents may serve and execute warrants and processes issued by the courts.