BILL REQ. #:  H-1866.2 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to allowing the use of dogs to hunt cougars; amending RCW 77.15.245; amending 2008 c 8 ss 1 and 2 (uncodified); adding new sections to chapter 77.12 RCW; and creating a new section.

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

Sec. 1   2008 c 8 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)) cougar control program within select game management units of these counties and any counties successfully petitioning for inclusion under section 2 of this act, to pursue or kill 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 are to provide for public safety, to protect property, and to ((assess)) conserve and manage cougar populations.
     (2) Any rules adopted by the ((fish and wildlife)) commission to establish a ((pilot)) project 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 conserve and manage cougar populations;
     (b) Reflective of the most current cougar population data;
     (c) Conditioned on the licensed hunter participating in the cougar hunting season not being permitted to exchange payment to a commercial enterprise for the use of dogs for the purposes of hunting under the license;
     (d) Designed to generate data that is necessary for the department to satisfy the reporting requirements of section 3 of this act; and
     (((d))) (e) Consistent with any applicable recommendations emerging from research on cougar population dynamics in a multiprey environment funded in whole or in part by the department ((of fish and wildlife)).
     (((3) The department of fish and wildlife may authorize three additional seasons in which cougars may be pursued or killed with dogs, subject to the other conditions of the pilot project. The additional seasons are authorized to aid the department in the gathering of information necessary to formulate a recommendation to the legislature regarding whether a permanent program is warranted, and if so, what constraints, goals, and objectives should be included in a permanent program.))

Sec. 2   2008 c 8 s 2 (uncodified) is amended to read as follows:
     (1) A county legislative authority may request inclusion in the ((additional three years of the)) cougar control ((pilot project)) program authorized by section 1 of this act after taking the following actions:
     (((1))) (a) Adopting a resolution that requests inclusion in the ((pilot project)) program;
     (((2))) (b) Documenting the need to participate in the ((pilot project)) program by identifying the number of cougar/human encounters and livestock and pet depredations;
     (((3))) (c) 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))) (d) 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.
     (2) The department shall automatically include a county participating in the initial pilot program authorized by chapter 8, Laws of 2008 into the program extension authorized in section 1 of this act under the initial terms of inclusion.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall quadrennially deliver to the legislature, consistent with RCW 43.01.036, a report summarizing the cougar control program authorized in section 1 of this act. The report must include information relating to how the program has been used to assess cougar population levels and protect public safety and property. The report may also include any recommendations as to how the cougar control program can be changed to achieve more effective or efficient cougar management.

Sec. 4   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)(a) Notwithstanding RCW 77.12.240, ((77.36.020,)) 77.36.030, or any other provisions of law, and 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))) (b) 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))) (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 pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
     (((c))) (d) 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)) Except as provided in subsection (2) of this section and section 1 of this act, 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. 5   (1) The initial rules required to implement section 1 of this act must be adopted by the fish and wildlife commission by September 30, 2011.
     (2) The initial report required under section 3 of this act must be delivered by October 31, 2013.

NEW SECTION.  Sec. 6   Sections 1 and 2 of this act are each added to chapter 77.12 RCW.