S-3825.1 _______________________________________________
SENATE BILL 6544
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State of Washington 56th Legislature 2000 Regular Session
By Senators Patterson, Eide, Kline, Heavey, Shin, Gardner, Costa, Thibaudeau, Prentice, Fairley, Kohl‑Welles and B. Sheldon; by request of Secretary of State
Read first time 01/19/2000. Referred to Committee on Natural Resources, Parks & Recreation.
AN ACT Relating to commerce of certain cetaceans and sirenians in Washington state; adding a new section to chapter 77.16 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 77.16 RCW to read as follows:
(1) It is the intent of the legislature to prevent suffering and mortality of cetaceans (dolphins, porpoises, and whales) and sirenians (manatees and dugongs) by prohibiting their capture when applicable to Washington territorial waters, transport, breeding, holding, and display in the state of Washington.
(2) No animal of the taxonomic orders cetacea and sirenia shall be held, displayed, bred, captured, or transported in or through Washington state and its territorial waters unless specifically exempted in this section.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Order" means all species, subspecies, and hybrids of the following taxonomic groups:
(i) Order cetacea: All whales, dolphins, and porpoises whether wild caught or captive bred; and
(ii) Order sirenia: All dugong and manatee whether wild caught or captive bred.
(b) "Held" means confinement whether in an artificial pool or pen in a natural body of water.
(c) "Display" means to make a public or private show or exhibit for recreational, allegedly therapeutic, or any commercial and noncommercial purpose and includes any public viewing.
(d) "Capture" means to seize or take physical possession, control, or ownership of the covered species, either wild caught or captive bred, by force or other effort by any means.
(e) "Transport" means the movement by any conveyance of any of these species to or through Washington state unless exempted by this section. This prohibition includes stops made at airports by transport airplanes except for veterinary emergency care.
(4) Exemptions:
(a) All cetaceans and sirenians held in captivity before January 1, 2000, are:
(i) Exempt from the provisions of this section regarding holding and displaying only; and
(ii) Exempt from transport restrictions for outbound travel only. Once an exempt individual animal leaves Washington state, the animal loses its exempt status.
(b) Any covered species suffering, stranded, injured, or unable to survive without human intervention is exempted from the provisions of this section temporarily until such time as the animal is rehabilitated to the wild state. At no time may such animals be displayed. If any stranded cetacean is neither euthanized nor releasable into the wild, then a suitable sea pen in Washington marine waters is required for long-term care.
(c) Any covered species enrolled in a rehabilitation program intended to secure release into the wild from a captive status is exempt. If this effort fails to achieve a complete return to the wild, only a sea pen in suitable Washington marine waters will satisfy the exemption from captivity.
(d) To qualify for exempt status as described in (a) of this subsection, the legal owner must register each individual member of the covered species within ninety days of the effective date of this act. The registrant shall provide a complete description including an identifying photograph to the department of fish and wildlife.
(5) Penalties:
(a) A person violating this section is guilty of a misdemeanor for each infraction and for each animal described in this section.
(b) Nothing in this section affects existing remedies and penalties under current law.
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