AN ACT Relating to wildlife propagation reserves; amending RCW 77.12.010, 77.12.030, 77.12.040, and 77.12.240; 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 have severely affected the economic vitality of Washington state and the state would benefit from new agricultural land uses. Further, existing uses of land severely decrease the habitat available for wild game. The legislature seeks to encourage landowners to engage in propagation and management of game animals by habitat enhancement and revised land management to supplement or replace domestic animals and certain field crops as a source of income for the landowners and for the state. The legislature intends to promote the conversion of marginal agricultural lands to wildlife propagation reserves in order to maximize opportunities for wildlife survival, wildlife research, public game viewing, and photography and to use controlled hunting as a management tool. For the pleasure of the viewing public and to encourage tourism, the legislature encourages landowners to develop wildlife propagation reserves along suitable locations adjacent to the state highways.

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 shall also include exotic species.

(2) "Wildlife propagation reserve" means property on which wildlife, including big game, is properly enclosed with fencing required under this chapter and the big game population may be managed by purchase, sale, propagation, or hunting. The term wildlife propagation reserve does not include state operated game farms or facilities required to be registered under RCW 75.58.040. Public and private zoos may be wildlife propagation reserves.

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

(4) "Board" means the wildlife propagation reserve advisory board.

(5) "Exotic" means species of the animal kingdom not historically native to Washington but excludes those species identified as deleterious exotic by the wildlife commission.

(6) "Department" means the department of agriculture.

(7) "Game-impeding fence" means a fence of any design or construction which prevents or interferes with the free-ranging travel of a particular big game species.

(8) "Game-proof fence" means a fence with mesh of twelve inches or less and that is more than six feet high, or which effectively prevents or interferes with the free-ranging travel of all big game species.

NEW SECTION. Sec. 3. (1) All persons operating a wildlife propagation reserve shall apply for licensure to the department on forms provided by the department. The application shall include the name of all natural persons involved, the business address of the wildlife propagation reserve, the legal description of the enclosed land, the species of big game to be propagated, a description of the fence, and the date the fenced enclosure will be completed. If the fence is designed for a certain species only, the authority to propagate may be limited by the director to the appropriate species. An amendment to the application shall be filed any time there is a change in any of the information required under this subsection.

(2) A wildlife propagation license is required before a person registered under subsection (1) of this section can operate a wildlife propagation reserve. The fee for the license shall be ten dollars or one dollar for each acre of enclosed land, whichever is greater. The license shall be valid for three years and may be renewed upon payment of the fee so long as the licensee is in compliance with the requirements of this chapter and any rules adopted under this chapter. The department with the advice of the department of wildlife shall issue the license, including necessary limitations on the propagation and management activities. The department may limit the species allowed on the reserve in order to avoid adverse effects on native animal species.

The director, upon the advice of the director of wildlife, shall not approve the propagation of big game species which represent a potential risk to the genetic purity of nearby native big game.

NEW SECTION. Sec. 4. (1) The licensee shall determine the seasons for hunting and the number of animals to be hunted on the property.

(2) Hunting by firearm shall be prohibited on any reserve smaller than one hundred sixty acres unless approved by the director and then only if vegetative cover or terrain features allow reasonable escape opportunities. Only methods and manners of hunting authorized in the rules of the department of wildlife shall be permitted. Operators or employed agents of reserves may conduct harvest activities including the taking of big game with firearms or other control measures without complying with hunting rules only as permitted under this section. A person shall not hunt within one-quarter mile of any hard surface roadway within the boundaries of a wildlife propagation reserve unless vegetation or other natural visual barriers obscures the act of hunting from the view of persons driving on the roadway.

(3) Wildlife propagation reserve licensees may establish a management program for coordination of wildlife propagation reserve activities with adjacent properties outside the reserve. The plan may include releasing of propagated big game from the reserve; feeding, watering, supervising, and protecting wildlife; and providing an improved habitat outside the reserve in harmony with land enclosed inside the reserve. The management program may include controlled access and hunting, with hunting seasons adjusted to achieve optimum hunter concentrations. The management plan shall be developed with and approved by the department of wildlife. Wildlife propagation reserves may be of any size capable of accomplishing controlled breeding and protected propagation. Big game may be released outside of the reserve only as approved by the director of wildlife.

(4) Native American tribal authorities may manage tribal lands as wildlife propagation reserves.

NEW SECTION. Sec. 5. (1) The following activities are authorized on wildlife propagation reserves:

(a) Establishing herds of big game from approved native animals resident on the property within an authorized fenced enclosure.

(b) Establishing herds of big game from animals introduced to the property.

(c) Managing wildlife as necessary, including breeding, feeding, and harvesting the big game animals and improving the environment as necessary. Native species female big game animals may not be hunted except in accordance with a plan approved by the department of wildlife. The plan shall provide that at least fifty percent of harvested antlerless game shall be taken by the general public, in a hunt managed by the operator, but at no additional cost to the public hunter. The operator may specify which animals are to be taken, the manner in which they shall be taken, the number of hunters, and conditions of access.

(d) Providing access to the property for fees or other compensation, for the purposes including but not limited to, wildlife observation, wildlife photography, scientific research, or hunting.

(e) Maintaining facilities on the property including but not limited to feeding and watering of game, shelters, lodging, and processing of game.

(f) Accepting big game animals from any authorized source including but not limited to other wildlife propagation reserves, animals identified by the department of wildlife as surplus, those animals destroying or injuring property, or when necessary for wildlife management or research. Endangered, rare, or threatened species may be propagated, but shall not be hunted.

(2) Licensees may enter into propagation agreements with the wildlife commission that allow for the release of certain propagated species on lands under a wildlife management program.

(3) Operators of wildlife propagation reserves who have received any big game brood stock at no charge from the department of wildlife may not make exclusive agreements for access or hunting which prevents the general public from participating in the recreational benefits offered to any other parties. No landholder or operator shall grant lease rights or privileges which exclude or otherwise prevent the equal access and participation of any citizen who agrees to comply and complies with the provisions of the management program offered to any other citizens and the rights and rules of the licensee.

NEW SECTION. Sec. 6. Immediately after closure of the required fence, the department of wildlife may conduct a big game census to determine the presence and number of formerly free-ranging big game present on the enclosed property. The department of wildlife may obtain from the operator a deposit in the amount of the current market value for each big game animal contained on the property. The department of wildlife shall issue a receipt for the deposit which shall be refunded upon release of big game from the property with the prior approval and supervision of the department of wildlife. If the wildlife propagation reserve discontinues operation and the fences are opened to allow the big game to become free-ranging, the operator shall be refunded the original deposit if the department of wildlife concludes from a census that at least the original number of big game resides on the wildlife propagation reserve. If less than the original population exists, the refund shall be only for those remaining big game animals, if they are in good condition and in the opinion of the department of wildlife, likely to survive.

NEW SECTION. Sec. 7. It is a violation of this chapter:

(1) To operate a wildlife propagation reserve without a license as required under this chapter and without a game-proof or game-impeding fence. A fence need not be game proof as long as it restricts the movement of the species for which control occurs or is intended.

(2) To entrap concentrated free-ranging wild game by completing a new fence enclosure between November 1 to April 1 of any year, or baiting or feeding wild game anywhere in an area of an intended enclosure for one year before enclosing the area.

(3) To remove a free-ranging big game animal from the wild and place the animal in the reserve unless such removal is specifically authorized by the department of wildlife.

(4) To permit any break in the confining fence or to fail to keep in good repair any confining fence once the enclosure is complete unless such break is authorized by the department of wildlife.

(5)(a) To build a game-proof or game-impeding fence without being licensed under this chapter.

(b) To build game-proof or game-impeding fences that enclose adjoining separately managed properties if there would be detrimental interference with the natural movement or migration of free-ranging wild animals.

However, nothing in this chapter shall prohibit building fences authorized for the protection of crops or livestock under Title 16 RCW, if consistent with this chapter.

(6) To sell or purchase a big game animal without issuing or receiving a receipt regarding the transaction. The receipt shall contain the wildlife propagation reserve license number, names and addresses of seller and purchaser, date of the sale or purchase, the quantity, sex, and species of the big game bought or sold, and other information required by the department or the department of wildlife.

(7) To fail to maintain records of all transactions as required by the department and the department of wildlife.

(8) To permit wildlife other than the approved big game animals maintained on the property to be hunted without complying with the applicable provisions of chapter 77.12 RCW. Requirements for licenses, tags, and bag limits for native big game shall apply on wildlife propagation reserves.

(9) To maintain a game-proof 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 department after consultation with the department of wildlife and if satisfactory approved feeding and watering sources are provided and maintained outside the fence.

(10) To damage, open, or in any manner allow big game animals to escape through a game-proof or game-impeding fence. In such an instance, the person shall be liable for the actual damages sustained by the licensee and punitive damages.

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

(12) To interfere with the licensee or agent of the licensee in an attempt to recover big game animals that have escaped from a wildlife propagation reserve. The attempt to recover shall be made within a reasonable time and proximity to the escape. The licensee or agent shall immediately contact the department of wildlife if an escape occurs and shall cease attempts to recover the wildlife if the free-ranging, big game animals are or will be disturbed. After a reasonable amount of time, an escaped animal shall be deemed a free-ranging wild animal and become the property of the state. A decision to discontinue attempts to recapture the animal may be made by an authorized agent of the department of wildlife. Verifiable escapes shall be credited against the original deposit for the big game, if any, for refund upon written application to the director of wildlife.

(13) To transport big game without complying with all laws governing the control of animal disease.

NEW SECTION. Sec. 8. Employees of the department or the department of wildlife may inspect the records of wildlife propagation reserves and the condition of the big game animals and may offer assistance when requested. Personnel of the department of agriculture or wildlife shall not enter wildlife propagation reserves without permission unless otherwise authorized by law. Permission to enter during normal working hours for purposes of this section shall not be denied if requested more than twenty-four hours in advance.

NEW SECTION. Sec. 9. (1) A three-member wildlife propagation reserve advisory board is established. The members of the advisory 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, and agricultural associations located in this state. Advisory board members shall serve without compensation, but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(2) The advisory board may recommend proposed rules to the director for adoption under chapter 34.04 RCW to carry out this chapter.

(3) The director may deny, issue, or revoke wildlife propagation reserve licenses.

(4) A public hearing shall be held thirty days before a license is issued, with notice published at least ten days before the hearing in a newspaper of general circulation in the county where the proposed reserve will be located and in a local hunting or sports newspaper, if any. A license revocation proceeding shall be conducted as a contested case under chapter 34.04 RCW.

(5) The director, upon recommendation of the advisory board, shall have jurisdiction to require the dismantling or alteration of any fences found to be in violation of this chapter.

(6) The director shall enforce all provisions of this chapter.

NEW SECTION. Sec. 10. (1) Wildlife confined within game-proof fences incidental to providing human security, including but not limited to military reservations and penal institutions, shall be managed under the following guidelines:

(a) After consultation with the landowner the department may authorize controlled hunts;

(b) After consultation with the landowner the department may capture and relocate the wildlife;

(c) The department may authorize sale of the wildlife to the landowner to be managed thereafter as privately owned captive-bred wildlife.

(2) Landowners identified in subsection (1) of this section shall contract with the department to perform one of the alternatives under subsection (1) of this section when the department determines it is in the best interest of the wildlife.

NEW SECTION. Sec. 11. A violation of this chapter or rules adopted under this chapter is punishable by up to six months imprisonment, a fine of six thousand dollars, or both.

NEW SECTION. Sec. 12. Provisions of Title 77 RCW and the rules of the wildlife commission governing ownership of game animals and hunting seasons do not apply to registered and licensed wildlife propagation reserves.

NEW SECTION. Sec. 13. 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 12 of this act) or the rules adopted under that chapter is not a lawful fence.

Sec. 14. Section 77.12.010, chapter 36, Laws of 1955 as last amended by section 1, chapter 438, Laws of 1985 and RCW 77.12.010 are each amended to read as follows:

Wildlife is the property of the state unless the wildlife is located on a wildlife propagation reserve. The department shall preserve, protect, and perpetuate wildlife. Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the ((~~supply~~)) quality and availability of wildlife to all citizens.

The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives. The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 15. Section 77.12.030, chapter 36, Laws of 1955 as last amended by section 14, chapter 506, Laws of 1987 and RCW 77.12.030 are each amended to read as follows:

(1) The director may regulate the collection, importation, and transportation of wildlife except as provided in subsection (2) of this section.

(2) This section does not authorize the regulation of wildlife propagation reserves, their operations, or the sale or transportation of wildlife propagation reserve products.

Sec. 16. Section 77.12.040, chapter 36, Laws of 1955 as last amended by section 15, chapter 506, Laws of 1987 and RCW 77.12.040 are each amended to read as follows:

The commission shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the time, place, and manner of taking or possessing game animals, game birds, or game fish. The commission may specify the quantities, species, sex, and size of game animals, game birds, or game fish that may be taken or possessed. The commission shall regulate the taking, sale, possession, and distribution of wildlife and deleterious exotic wildlife. The director may adopt emergency rules under RCW 77.12.150.

The commission may establish by rule game reserves and closed areas where hunting for wild animals or wild birds may be prohibited and closed waters where fishing for game fish may be prohibited.

This section does not authorize the regulation of wildlife propagation reserves, their operations, or the sale or transportation of wildlife propagation reserve products.

Sec. 17. Section 77.12.240, chapter 36, Laws of 1955 as last amended by section 33, chapter 506, Laws of 1987 and RCW 77.12.240 are each amended to read as follows:

The director may authorize the capture and sale of surplus wildlife or the removal or, as a last resort, the killing of wildlife that is destroying or injuring property, or when it is necessary for wildlife management or research.

The director or other employees of the department shall dispose of wildlife taken or possessed by them under this title in the manner determined by the director to be in the best interest of the state. The disposal may include sale at fair market value. Skins or furs shall be sold at public auction at a time and location determined by the director. Proceeds from the sales shall be deposited in the state treasury to be credited to the state wildlife fund.

NEW SECTION. Sec. 18. Sections 1 through 12 of this act shall constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 19. 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.