BP BHEAD INT S [atlas:bill]

AN ACT Relating to hunting cougar with the aid of dogs; amending RCW 77.16.360; adding new sections to chapter 77.12 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:

The legislature finds that the control of cougar populations is necessary to insure public safety, and the most suitable means for cougar population control is by authorizing public hunting with dogs.

Sec. 2. RCW 77.16.360 and 1997 c 1 s 1 (Initiative Measure No. 655) are each amended to read as follows:

(1) Notwithstanding the provisions of RCW 77.12.240 and ((~~77.12.265~~)) 77.36.030 or other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.

(a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

(b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

(2) Notwithstanding RCW 77.12.240 or any other provisions of law, it is unlawful to hunt or pursue black bear, ((~~cougar,~~)) bobcat, or lynx with the aid of a dog or dogs.

(a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with ((~~a permit issued and conditioned by the director under RCW 77.12.265~~)) RCW 77.36.030.

(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit of black bear, cougar, bobcat, or lynx for scientific purposes.

(3) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.

NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

The fish and wildlife commission shall authorize public recreational hunting with dogs for cougar population control and to control cougar migration for prevention of the movement of cougar into areas of the state with high-human population density whenever the hunting season is declared open for cougar.