S-0191.1  _______________________________________________

                         SENATE BILL 5133

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Roach and Rossi

Read first time 01/13/1999.  Referred to Committee on Natural Resources, Parks & Recreation.

Allowing a county legislative authority to authorize the hunting of cougar with dogs.

    AN ACT Relating to cougar hunting; and amending RCW 77.16.360.

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

    Sec. 1.  RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

    (1) Notwithstanding the provisions of RCW 77.12.240 ((and 77.12.265)) 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.))

    (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.

(c) Nothing in this subsection shall be construed to prohibit a county legislative authority from authorizing or allowing a person to hunt cougar with dogs on real property located within the county.  Prior to adopting such an ordinance, the county legislative authority must provide full legal notice of a public meeting, and hold a public hearing to take testimony from interested persons concerning the proposed ordinance.

    (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.

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