BILL REQ. #:  H-5279.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to adding permanency to a pilot project that allowed for the use of dogs in cougar hunting; amending RCW 77.15.245; amending 2007 c 178 ss 1 and 2 (uncodified); and adding new sections to chapter 77.12 RCW.

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

Sec. 1   2007 c 178 s 1 (uncodified) is amended to read as follows:
     (1)(a) The department ((of fish and wildlife)), in cooperation and collaboration with the county legislative authorities of Ferry, Stevens, Pend Oreille, Chelan, and Okanogan counties, shall recommend rules to ((establish a three-year pilot program)) allow, within select game management units of these counties, ((to pursue)) the pursuit or ((kill)) killing of cougars with the aid of dogs.
     (b) A pursuit season and a kill season with the aid of dogs must be established through the ((fish and wildlife)) commission's rule-making process, utilizing local dangerous wildlife task teams comprised of the two collaborating authorities. The two collaborating authorities shall also develop a more effective and accurate dangerous wildlife reporting system to ensure a timely response.
     (c) The ((pilot program's)) primary goals of the pursuit and kill seasons are to provide for public safety, to protect property, and to ((assess cougar populations)) address the cougar population objectives identified in the department's game management plan.
     (2) Any rules adopted by the ((fish and wildlife)) commission to establish ((a pilot project)) seasons allowing for the pursuit or hunting of cougars with the aid of dogs under this section only must ensure that all pursuits or hunts are:
     (a) Designed to protect public safety or property or to meet cougar population objectives;
     (b) Reflective of the most current cougar population data; and
     (c) ((Designed to generate data that is necessary for the department to satisfy the reporting requirements of section 3 of this act; and
     (d))) Consistent with any applicable recommendations emerging from research on cougar population dynamics in a multiprey environment ((conducted by Washington State University's department of natural resource sciences that was)) funded in whole or in part by the department ((of fish and wildlife)).
     (((3) The department of fish and wildlife may authorize one additional season in which cougars may be pursued or killed with dogs, subject to the other conditions of the pilot project. This additional season is authorized to avoid a lag in cougar management and conditioning between the end of the third pilot cougar season and the time needed for the 2008 legislature to consider the report provided under section 3, chapter 264, Laws of 2004, and is not intended to be considered as part of the study period.))

Sec. 2   2007 c 178 s 2 (uncodified) is amended to read as follows:
     A county legislative authority may request inclusion in the ((fourth and final year of the cougar control pilot project)) cougar pursuit and kill seasons authorized by ((chapter 264, Laws of 2004)) section 1 of this act after taking the following actions:
     (1) Adopting a resolution that requests inclusion in the ((pilot project)) cougar pursuit and kill seasons;
     (2) Documenting the need to participate in the ((pilot project)) cougar pursuit and kill seasons by identifying the number of cougar/human encounters and livestock and pet depredations;
     (3) Developing and agreeing to the implementation of an education program designed to disseminate to landowners and other citizens information about predator exclusion techniques and devices and other nonlethal methods of cougar management; and
     (4) Demonstrating that existing cougar depredation permits, public safety cougar hunts, or other existing wildlife management tools have not been sufficient to deal with cougar incidents in the county.

Sec. 3   RCW 77.15.245 and 2005 c 107 s 1 are each amended to read as follows:
     (1) Notwithstanding the provisions of RCW 77.12.240, 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, except as provided in section 1 of this act, 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.
     (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)(a) 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.
     (b) The department shall post on their internet web site the known details of all reported cougar/human, cougar/pet, or cougar/livestock interactions within ten days of receiving the report. The posted material must include, but is not limited to, the location and time of all reported sightings, and the known details of any cougar/livestock incidents.
     (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 department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges 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. 4   Sections 1 and 2 of this act are each added to chapter 77.12 RCW.