1151-S2.E AMS RASM S5111.1

E2SHB 1151 - S AMD 788

By Senator Rasmussen

Strike everything after the enacting clause and insert the following:

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

(1) In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity, no person, firm, corporation, or association shall have, or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals, amphibians, and reptiles, whether indigenous to Washington or not, without having first secured a permit from the department authorizing the person, firm, or corporation to have in its possession in captivity the species and number of wildlife specified within the permit. This section does not apply to any wildlife not protected by law and the rules of the department.

(2) The fees to be paid for the issuance of permits required by subsection (1) of this section are:

(a) For not more than twenty-five class I or class II individual specimens in the aggregate of all species, the sum of one hundred fifty dollars per annum.

(b) For over twenty-five class I or class II individual specimens in the aggregate of all species, the sum of two hundred fifty dollars per annum.

(c) For any number of class III individual specimens in the aggregate of all species, the sum of fifty dollars per annum.

The fees prescribed by this subsection shall be submitted to the department with the application for permit required by subsection (1) of this section.

(3) An applicant for a permit shall include in her or his application a statement showing the place, number, and species of wildlife to be held in captivity by the applicant and shall upon request by the department of fish and wildlife show when, where, and in what manner she or he came into possession of any wildlife acquired after the effective date of this act. The source of acquisition of the wildlife shall not be divulged by the department except in connection with a violation of this section or a rule of the department in which information as to source of wildlife is required as evidence in the prosecution of the violation.

(4) Permits issued pursuant to this section and places where wildlife is kept or held in captivity are subject to inspection by officers of the department at all times. The department may release or confiscate any specimens of any wildlife, specifically birds, mammals, amphibians, or reptiles, whether indigenous to the state or not, when it is found that conditions under which they are being confined are unsanitary, or unsafe to the public in any manner, or that the species of wildlife are being maltreated, mistreated, or neglected or kept in any manner contrary to the provisions of chapter 16.52 RCW, any permit to the contrary notwithstanding. Before any wildlife is confiscated or released under the authority of this section:

(a) The owner must be advised in writing of the existence of the unsatisfactory conditions;

(b) The owner must have been given thirty days in which to correct the conditions and have failed to correct the conditions;

(d) The department shall order the confiscation or release after careful consideration of all evidence in the particular case in question.

The final order of the department constitutes final agency action.

(5) In instances where wildlife is seized or taken into custody by the department, the owner or possessor of the wildlife is responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. The expenses shall be paid by the owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of any provision of chapter 16.52 RCW or this chapter, or rule of the department. Failure to pay the expense may be grounds for revocation or denial of permits to the individual to possess wildlife.

(6) Any animal on exhibit of a type capable of contracting or transmitting rabies shall be immunized against rabies.

(7) The provisions of this section relative to licensing do not apply to any municipal, county, state, or other publicly owned wildlife exhibit.

(8) This section does not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where the species are kept for display to the public.

(9) The department is authorized to adopt rules to implement the provisions of this section.

(10) A violation of this section is punishable as a natural resource infraction under chapter 7.84 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

(1) It is unlawful for any person or persons to possess any wildlife as defined in this section, whether indigenous to Washington or not, until she or he has obtained a permit as provided by this section from the department of fish and wildlife.

(2) The classifications of types of wildlife and fees to be paid for permits for the personal possession of wildlife are:

(a) Class I--Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.

(b) Class II--Wildlife considered to present a real or potential threat to human safety, the sum of one hundred forty dollars per annum.

(c) Class III--All other wildlife not included in class I or class II, for which a no-cost permit must be obtained from the department.

(3) The department shall adopt rules defining class I, class II, and class III types of wildlife. The department shall also establish rules and requirements necessary to ensure that permits are granted only to persons qualified to possess and care properly for wildlife and that permitted wildlife possessed as personal pets will be maintained in sanitary surroundings and appropriate neighborhoods.

(4) In instances where wildlife is seized or taken into custody by the department, the owner or possessor of the wildlife is responsible for payment of all expenses relative to the capture, transport, boarding, veterinary care, or other costs associated with or incurred due to seizure or custody of wildlife. The expenses shall be paid by the owner or possessor upon any conviction or finding of guilt of a criminal or noncriminal violation, regardless of adjudication or plea entered, of this chapter, or rule of the department. Failure to pay the expense may be grounds for revocation or denial of permits to the individual to possess wildlife.

(5) Any person, firm, corporation, or association exhibiting or selling wildlife and being duly permitted as provided by section 1 of this act is exempt from the fee requirement to receive a permit under this section.

(6) This section does not apply to the possession, control, care, and maintenance of ostriches, emus, and rheas, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where the species are kept for display to the public.

(7) A violation of this section is punishable as a natural resource infraction under chapter 7.84 RCW."

E2SHB 1151 - S AMD 788

By Senator Rasmussen

On page 1, line 1 of the title, after "animals;" strike the remainder of the title and insert "adding new sections to chapter 77.12 RCW; and prescribing penalties."

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