BILL REQ. #:  H-0119.2 

Read first time 01/12/11.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the state's management of wolves; amending RCW 77.36.030, 77.12.020, 77.15.120, 77.15.130, 77.15.170, and 77.32.010; and adding a new chapter to Title 77 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The United States has not dealt with Washington and other western states in good faith concerning the reintroduction of wolves in the western United States;
     (2) Multiple promises by federal officials regarding deadlines for wolf delisting and the shift of full wolf management and control to western states have passed with no effective delisting or shifting of full management authority to the state level;
     (3) Wolves have had and are having an unacceptable negative impact on game herds, hunting opportunities, livestock production, the health and safety of people engaged in outdoor work and recreation in Washington and other western states, and the Washington economy;
     (4)(a) The United States lacks authority to impose wolves on Washington and to enforce protected status for wolves in Washington;
     (b) There is no commerce in wolves among the states, that wild wolves are not bought or sold across state lines, that wild wolves are not transported across state lines as commercial items, and that there is no genuine commercial connection for wild wolves in interstate commerce sufficient to justify authority for congress to authorize imposition of wolves on Washington; and
     (c) Article VI, clause 2, of the United States Constitution, known as the supremacy clause, and Article I, section 8, clause 3, of the United States Constitution, known as the commerce clause, have been amended by the states by the 9th and 10th amendments to the United States Constitution. It is a principle of jurisprudence that if conflict exists between provisions of a coequal body of law, the most recently enacted provision prevails as the most recent expression of the enacting authority; and
     (5) The United States is responsible for injuries caused by federally released wolves in Washington, including but not limited to the loss of game animals, livestock, or pets, other injuries to animals, injuries to persons working or recreating in the state, and economic injuries to the people of the state.

NEW SECTION.  Sec. 2   The purpose of this act is to:
     (1) Prevent the decline of wild game animal populations in Washington because of wolf predation and preserve the heritage of harvesting those game animals for Washingtonians;
     (2) Protect the stockgrowers of Washington from economic loss because of wolf predation;
     (3) Provide for the health and safety of people working outdoors or engaged in outdoor recreation; and
     (4) Assert the rights of Washington pursuant to the 9th and 10th amendments to the United States Constitution.

NEW SECTION.  Sec. 3   (1) The state of Washington asserts the following authorities:
     (a) Rights retained by the people in the 9th amendment to the United States Constitution; and
     (b) Powers reserved to the states in the 10th amendment to the United States Constitution.
     (2) Washington challenges the authority of the United States and of congress under the United States Constitution, including Article I, section 8, clause 3, known as the commerce clause, to:
     (a) Impose wolves on the people and lands of Washington;
     (b) Protect wolves;
     (c) Prevent, prohibit, or suppress any state management of wolves; and
     (d) Manage wildlife in general within the borders of Washington, including on private and state lands and public lands managed by the United States.

NEW SECTION.  Sec. 4   Any gray wolf conservation or management plan implemented by the state or in existence on the effective date of this section is void. Any future management plans must be developed consistent with this chapter.

NEW SECTION.  Sec. 5   (1) Any cooperative agreement existing on the effective date of this section between the state or any agency of the state and the United States or any agency of the United States for the conservation and management of the gray wolf in Washington is void.
     (2) On passage and approval of this act, the secretary of state shall send copies of this act indicating the effective date to the secretary of the United States department of the interior, the director of the United States fish and wildlife service, the secretary of the United States department of agriculture, and the director of the department of fish and wildlife.

NEW SECTION.  Sec. 6   (1) Any future cooperative agreement between the state or any agency of the state and the United States or any agency of the United States for the conservation and management of the gray wolf in Washington is prohibited unless the conditions of the Washington wolf management policy expressed in this chapter are met.
     (2) Before any future cooperative agreement may be entered into, the following officials shall certify in joint or separate written statements that the conditions of the Washington wolf management policy expressed in this chapter have been met:
     (a) The speaker of the Washington state house of representatives;
     (b) The president of the Washington state senate;
     (c) The chair of the committee in the Washington state house of representatives with jurisdiction over wildlife management issues;
     (d) The chair of the committee in the Washington state senate with jurisdiction over wildlife management issues;
     (e) The state veterinarian;
     (f) The director of the department of fish and wildlife; and
     (g) The director of the department of agriculture.
     (3) The signed, written statements required in subsection (2) of this section must be sent to the secretary of state who shall confirm that all of the officials listed in subsection (2) of this section are in agreement that compliance with this chapter has been achieved.
     (4) Compliance is certified and an agreement may be entered into only if all officials listed in subsection (2) of this section submit their written notice to the secretary of state within the same thirty-day period.
     (5) Officials listed in subsection (2) of this section may withdraw their certification of compliance by sending written notice to the secretary of state at any time during the thirty-day period established in subsection (4) of this section. A cooperative agreement may not be entered into if any official withdraws certification during that period.
     (6) Upon receipt of certification from all officials listed in subsection (2) of this section and after the thirty-day period in subsection (4) of this section has expired, the secretary of state shall within seven days:
     (a) Confirm that certification of compliance with this chapter is complete; and
     (b) Publicly post and send written notice to the governor, including copies of the written certification.
     (7)(a) Certification of compliance with this chapter must be withdrawn if, at any time, two officials listed in subsection (2) of this section send written notice of their withdrawal of certification to the secretary of state. If this occurs, any cooperative agreement in effect upon receipt is void and the presence of wolves in Washington is considered to be noncompliant with the Washington wolf policy expressed in this chapter.
     (b) The secretary of state shall send written notice of noncompliance to the governor and the officials listed in subsection (2) of this section.

NEW SECTION.  Sec. 7   The following conditions must be met before the state or an agency of the state may enter into a gray wolf cooperative conservation and management agreement with the United States, an agency of the United States, or any other entity or adopt a gray wolf management plan:
     (1) The United States agrees in writing to accept all of the following principles:
     (a) Achieving a natural balance between nonhuman predators and prey is not an acceptable goal or necessarily a desirable outcome;
     (b) Introduction or enhancement of predator populations may not be allowed to conflict with the heritage of and opportunity for hunting, the safety of people engaged in outdoor recreation or work, and the successful livelihood of people operating businesses on land where predators range;
     (c) All persons have a natural and undeniable right to defend themselves and their property from immediate or apparent injury. This right of self-defense of person and property applies to defense from animals;
     (d) Active predator control to protect game herds is engaging in active wildlife management according to the needs and values of the citizens of the state. These wildlife management activities may not be impeded by federal agencies, federal regulations, or federal personnel;
     (e) The state is eligible to recoup damages from the United States for each game animal taken by wolves; and
     (f) The United States court of federal claims is the proper venue for damage claims arising under (e) of this subsection;
     (2) The United States agrees in writing to unfettered state management of wolves with no further assertion of federal authority;
     (3) The United States accepts in writing that "breeding pair" is a term or concept that may not be applied to quantification of gray wolf recovery or maintenance; and
     (4) The United States agrees in writing that a total of one hundred fifty wolves present in Washington is sufficient to maintain a viable wolf population.

NEW SECTION.  Sec. 8   Until all of the provisions of the Washington wolf policy expressed in this chapter are met, wolves are unprotected in Washington wherever they are found on state or private land.

NEW SECTION.  Sec. 9   To be in compliance with the Washington wolf management policy expressed in this chapter, the wolf presence in Washington must meet the following criteria:
     (1) The gray wolf must be removed from the United States' list of endangered or threatened wildlife and the state list of endangered species;
     (2) The statewide average for resident big game hunter success rates has not declined in the three most recent calendar years below the average of the ten most recent calendar years;
     (3) Wolf populations are at or below one hundred fifty percent of the target population of one hundred fifty wolves;
     (4) Livestock predation by wolves, as determined by the county commissioners of any county in which wolf predation is alleged to have occurred, has not increased in the average of the three most recent complete calendar years above the average for the most recent ten calendar years; and
     (5) Wolves present in the state are not afflicted with, carrying, or transmitting infectious diseases or parasites transmissible to humans or domestic or wild animals as determined by the state veterinarian.

NEW SECTION.  Sec. 10   Issuing a citation or arresting a person for taking a wolf on state or private property or possessing a wolf carcass or any parts of a wolf taken on state or private property is prohibited.

NEW SECTION.  Sec. 11   The office of financial management shall reimburse reasonable costs and attorneys' fees to any Washington resident accused by the United States of illegally taking a wolf on state or private property if the taking occurs at a time when wolf presence in Washington is not in compliance with the Washington wolf management policy expressed in this chapter.

NEW SECTION.  Sec. 12   (1) At any time that the wolf presence in Washington is not in compliance with the provisions of the Washington wolf management policy expressed in this chapter, the department of fish and wildlife may not expend any state resources, including money and time, implementing or enforcing any wolf policies of the United States.
     (2) The department of fish and wildlife may expend state resources:
     (a) For the enforcement of this chapter; and
     (b) Specifically appropriated for the purpose of documenting and quantifying compliance with sections 7 and 9 of this act.
     (3) The department of fish and wildlife may expend any federal moneys specifically earmarked and appropriated for wolf control in Washington. Any expenditure of this money must be publicly posted on a quarterly basis.

NEW SECTION.  Sec. 13   Before any numbers used to determine compliance with the Washington wolf management policy expressed in this chapter may be accepted, including but not limited to numbers of wolves, wolf packs, and game animals in Washington or regions of Washington, hunter success numbers, and numbers of livestock animals killed or injured by wolves, the joint legislative audit and review committee shall issue a report determining whether the methodologies and procedures used by state agencies are reasonable.

NEW SECTION.  Sec. 14   (1) The attorney general shall file and pursue claims against the United States for damages resulting from wolf predation, including:
     (a) Economic losses;
     (b) Loss of big game animals, in accordance with section 7(1)(e) of this act;
     (c) Loss of livestock and pets; and
     (d) Personal injury inflicted by a wolf on any person in Washington.
     (2) Claims must be filed in the United States court of federal claims.
     (3) Claims for reimbursement must include financial compensation for all damages incurred since January 11, 2001.
     (4) If the attorney general fails to file and pursue a claim within ninety days of the effective date of this section, any resident or organization of Washington may file a claim on behalf of the citizens of Washington. In that event, the reasonable costs and attorneys' fees incurred become an absolute claim against the office of financial management and may be billed to and must be paid by the state on a quarterly basis. If costs and attorneys' fees are recovered through litigation, the state must be reimbursed for amounts paid, up to the amounts recovered.

NEW SECTION.  Sec. 15   Persons responsible for inflicting wolves on Washington or preventing state management of wolves are civilly liable for any damages related to the serious physical injury or death of a human as the result of an attack by a wolf during any period of noncompliance with the provisions of this chapter. This includes any individual or group that is:
     (1) Party to a lawsuit with the purpose of preventing or delaying the implementation of state management of wolves during the pendency of the lawsuit; or
     (2) Found to have knowingly provided false or flawed data or is found to have been grossly negligent in providing data regarding wolf numbers, wolf distribution, wolf impacts on wildlife or livestock, projected wolf impacts, or similar data.

NEW SECTION.  Sec. 16   (1) If any person in Washington is killed or suffers serious physical injury as the result of an attack by a wolf during any period of noncompliance with the provisions of this chapter, as determined by the county commissioners of the county where the alleged attack occurred, the wolf or wolves involved in the attack are considered likely to be infected with rabies and to infect other animals and humans.
     (2)(a) Subject to subsection (1) of this section, any person may kill any wolf by any means within one hundred miles of the alleged attack.
     (b) The killing of any wolf pursuant to this subsection must be reported to the state veterinarian within twelve hours. That wolf must be tested for rabies and other diseases. A complete necropsy report must be publicly posted as soon as it becomes available.
     (c) The provisions of this subsection remain in effect until the county commissioners determine that all surviving wolves involved in the attack are free of rabies.

NEW SECTION.  Sec. 17   (1) When the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States' list of endangered or threatened wildlife and the Washington state department of fish and wildlife removes the wolf from the state list of endangered species pursuant to section 9(1) of this act and when all other conditions of the Washington wolf management policy expressed in this chapter are met, the department of fish and wildlife shall manage the wolf as a species in need of management. The fish and wildlife commission shall declare the wolf a big game animal, a furbearer, or both, and may regulate the taking of a wolf as a big game animal or furbearer.
     (2) The Washington state department of fish and wildlife, or the Washington state department of agriculture may control wolves for the protection and safeguarding of livestock if the control action is consistent with a wolf management plan approved by both the department of fish and wildlife and the department of agriculture.

NEW SECTION.  Sec. 18   This act may be known and cited as the Washington wolf recovery act.

Sec. 19   RCW 77.36.030 and 2009 c 333 s 61 are each amended to read as follows:
     (1) Subject to limitations and conditions established by the commission, the owner, the owner's immediate family member, the owner's documented employee, or a tenant of real property may trap, consistent with RCW 77.15.194, or kill wildlife that is threatening human safety or causing property damage on that property, without the licenses required under RCW 77.32.010 or authorization from the director under RCW 77.12.240.
     (2) The commission shall establish the limitations and conditions of this section by rule. The rules must include:
     (a) Appropriate protection for threatened or endangered species;
     (b) Instances when verbal or written permission is required to kill wildlife;
     (c) Species that may be killed under this section; and
     (d) Requirements for the disposal of wildlife trapped or killed under this section.
     (3) In establishing the limitations and conditions of this section, the commission shall take into consideration the recommendations of ((the)) a Washington ((state)) wolf ((conservation and)) management plan developed under chapter 77.--- RCW (the new chapter created in section 25 of this act) and in no instance may the commission limit in any way the right of an individual to kill a wolf that is in the process of attacking livestock, pets, or other personal property.

Sec. 20   RCW 77.12.020 and 2002 c 281 s 3 are each amended to read as follows:
     (1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. Consistent with chapter 77.--- RCW (the new chapter created in section 25 of this act), the commission shall determine whether a species should be managed by the department and, if so, classify it under this section.
     (2)(a) Except for the gray wolf, the commission may classify by rule wild animals as game animals and game animals as fur-bearing animals.
     (b) Consistent with section 17 of this act, the commission must classify gray wolves as fur-bearing game animals.
     (3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.
     (4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director.
     (5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. Consistent with chapter 77.--- RCW (the new chapter created in section 25 of this act), the commission may designate species of wildlife as protected.
     (6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. Consistent with chapter 77.--- RCW (the new chapter created in section 25 of this act), the commission may designate an endangered species.
     (7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife.
     (8) Upon recommendation by the director, the commission may classify nonnative aquatic animal species according to the following categories:
     (a) Prohibited aquatic animal species: These species are considered by the commission to have a high risk of becoming an invasive species and may not be possessed, imported, purchased, sold, propagated, transported, or released into state waters except as provided in RCW 77.15.253;
     (b) Regulated aquatic animal species: These species are considered by the commission to have some beneficial use along with a moderate, but manageable risk of becoming an invasive species, and may not be released into state waters, except as provided in RCW 77.15.253. The commission shall classify the following commercial aquaculture species as regulated aquatic animal species, and allow their release into state waters pursuant to rule of the commission: Pacific oyster (Crassostrea gigas), kumamoto oyster (Crassostrea sikamea), European flat oyster (Ostrea edulis), eastern oyster (Crassostrea virginica), manila clam (Tapes philippinarum), blue mussel (Mytilus galloprovincialis), and suminoe oyster (Crassostrea ariankenisis);
     (c) Unregulated aquatic animal species: These species are considered by the commission as having some beneficial use along with a low risk of becoming an invasive species, and are not subject to regulation under this title;
     (d) Unlisted aquatic animal species: These species are not designated as a prohibited aquatic animal species, regulated aquatic animal species, or unregulated aquatic animal species by the commission, and may not be released into state waters. Upon request, the commission may determine the appropriate category for an unlisted aquatic animal species and classify the species accordingly;
     (e) This subsection (8) does not apply to the transportation or release of nonnative aquatic animal species by ballast water or ballast water discharge.
     (9) Upon recommendation by the director, the commission may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species.

Sec. 21   RCW 77.15.120 and 2000 c 107 s 236 are each amended to read as follows:
     (1) Except as limited by section 10 of this act, a person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission.
     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and
     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

Sec. 22   RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:
     (1) Except as limited by section 10 of this act, a person is guilty of unlawful taking of protected fish or wildlife if:
     (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or
     (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.
     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

Sec. 23   RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as follows:
     (1) A person is guilty of waste of fish and wildlife in the second degree if:
     (a) The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and
     (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
     (2) A person is guilty of waste of fish and wildlife in the first degree if:
     (a) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and
     (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.
     (3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.
     (b) Waste of fish and wildlife in the first degree is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year.
     (4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition.
     (5) Nothing in this section applies to the killing, possession, or other taking of wolves except as otherwise provided in chapter 77.--- RCW (the new chapter created in section 25 of this act).

Sec. 24   RCW 77.32.010 and 2009 c 564 s 956 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter or chapter 77.--- RCW (the new chapter created in section 25 of this act), a recreational license issued by the director is required to hunt for or take wild animals or wild birds, fish for, take, or harvest fish, shellfish, and seaweed. A recreational fishing or shellfish license is not required for carp, smelt, and crawfish, and a hunting license is not required for bullfrogs.
     (2) A permit issued by the department is required to park a motor vehicle upon improved department access facilities.
     (3) During the 2009-2011 fiscal biennium to enable the implementation of the pilot project established in section 307, chapter 329, Laws of 2008, a fishing permit issued to a nontribal member by the Colville Tribes shall satisfy the license requirements in subsection (1) of this section on the waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods, and a Colville Tribes tribal member identification card shall satisfy the license requirements in subsection (1) of this section on all waters of Lake Rufus Woods.

NEW SECTION.  Sec. 25   Sections 1 through 18 of this act constitute a new chapter in Title 77 RCW.