AN
ACT Relating to hunting cougar; amending RCW 77.16.360; and declaring an
emergency.
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)),
77.36.020, 77.36.030, or any 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, 77.36.020, 77.36.030, 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, capture and relocation, of black bear, cougar, bobcat, or lynx
for scientific purposes.
(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 a dog or dogs for the
killing of black bear, cougar, or bobcat, for the protection of a state and/or
federally listed threatened or endangered species.
(3)
Notwithstanding subsection (2) of this section, the commission shall
authorize the use of dogs only in selected areas within a game management unit
to address a public safety need presented by one or more cougar. This
authority may only be exercised after the commission has determined that no
other practical alternative to the use of dogs exists, and after the commission
has adopted rules describing the conditions in which dogs may be used.
Conditions that may warrant the use of dogs within a game management unit
include, but are not limited to, confirmed cougar/human safety incidents,
confirmed cougar/livestock and cougar/pet depredations, and the number of
cougar capture attempts and relocations.
(4)
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. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately.
