H-1953              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 542

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Patrick, Holland, S. Wilson, Sutherland, May and Jacobsen)

Read first time 2/20/87 and passed to Committee on Rules.

AN ACT Relating to state trapping activities; amending RCW 77.16.170, 77.21.010, and 77.32.191.

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

        Sec. 1.  Section 77.16.170, chapter 36, Laws of 1955 as amended by section 85, chapter 78, Laws of 1980 and RCW 77.16.170 are each amended to read as follows:

          It is unlawful to take a wild animal from another person's trap without permission, or to spring, pull up, damage, possess, or destroy the trap:  PROVIDED, That it is not unlawful for a property owner to remove a trap placed on the property by a trapper without permission from the owner.  After removing any trap or traps, the landowner shall notify the department of game within a reasonable amount of time.

          Trappers shall attach to the chain of their traps or devices a legible metal tag with the name and address of the trapper in English letters not less than one-eighth inch in height.

        Sec. 2.  Section 77.16.240, chapter 36, Laws of 1955 as last amended by section 1, chapter 31, Laws of 1982 and RCW 77.21.010 are each amended to read as follows:

          (1) A person violating RCW 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving big game or an endangered species is guilty of a gross misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars or by imprisonment in the county jail for not less than thirty days and not more than one year or by both the fine and imprisonment.  Each subsequent violation within a five-year period of RCW 77.16.040, 77.16.050, or 77.16.060, or of RCW 77.16.020 or 77.16.120 involving big game or an endangered species, as defined by the Washington state game commission under the authority of RCW 77.04.090, shall be prosecuted and punished as a class C felony as defined in RCW 9A.20.020.  In connection with each such felony prosecution, the director shall provide the court with an inventory of all articles or devices seized under this title in connection with the violation.  Inventoried articles or devices shall be disposed of pursuant to RCW 77.21.040.

           (2) A person violating or failing to comply with this title or a rule of the commission for which no penalty is otherwise provided is guilty of a misdemeanor and shall be punished for each offense by a fine of not less than twenty-five dollars or by imprisonment for not more than ninety days in the county jail or by both the fine and imprisonment.

          (3) A person placing traps on private property without permission of the owner is subject to prosecution for trespass as defined and established in RCW 9A.52.010 and 9A.52.080.

(4) Persons convicted of a violation shall pay the costs of prosecution and the penalty assessment in addition to the fine or imprisonment.

          (((4))) (5) The unlawful killing, taking, or possession of each wildlife member constitutes a separate offense.

           (((5))) (6) District courts have jurisdiction concurrent with the superior courts of misdemeanors and gross misdemeanors committed in violation of this title or rules of the commission and may impose the punishment provided for these offenses.  Superior courts have jurisdiction over felonies committed in violation of this title.

        Sec. 3.  Section 23, chapter 310, Laws of 1981 as amended by section 4, chapter 464, Laws of 1985 and RCW 77.32.191 are each amended to read as follows:

          A state trapping license allows the holder to trap fur-bearing animals throughout the state:  PROVIDED, That a trapper may not place traps on private property without permission of the owner where the land is improved and apparently used or where the land is fenced or enclosed in a manner designed to exclude intruders or where notice is given by posting in a conspicuous manner.  A state trapping license is void on April 1st following the date of issuance.   The fee for this license is thirty dollars for residents sixteen years of age or older, twelve dollars for residents under sixteen years of age, and one hundred fifty dollars for nonresidents.