BILL REQ. #:  H-4176.1 

READ FIRST TIME 02/06/12.   

     AN ACT Relating to large wild carnivore conflict management; amending RCW 77.08.030, 77.36.100, 77.36.130, 77.15.160, and 77.15.420; reenacting and amending RCW 77.08.010 and 77.36.010; adding a new section to chapter 77.12 RCW; adding a new section to chapter 77.36 RCW; adding new sections to chapter 77.15 RCW; and prescribing penalties.

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

Sec. 1   RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
     (1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
     (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (60), and (61) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife commission.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (13) "Department" means the department of fish and wildlife.
     (14) "Director" means the director of fish and wildlife.
     (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (16) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.
     (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (25) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (27) "Illegal items" means those items unlawful to be possessed.
     (28) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (45) "Resident" means:
     (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (47) "Saltwater" means those marine waters seaward of river mouths.
     (48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (49) "Senior" means a person seventy years old or older.
     (50) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.
     (51)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.
     (b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.
     (52) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (53) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (54) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (55) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (56) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (57) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (58) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (59) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
     (60) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (61) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (62) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.
     (63) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (64) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (65) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (66) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (67) "Building" means a private domicile, garage, barn, or public or commercial building.
     (68) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
     (69) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building. "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
     (70) "Large wild carnivore" includes wild bear, cougar, and wolf.
     (71) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, with the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building. "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.

Sec. 2   RCW 77.08.030 and 1980 c 78 s 11 are each amended to read as follows:
     As used in this title or rules of the commission, "big game" means the following species:

Sec. 3   RCW 77.36.010 and 2009 c 521 s 184 and 2009 c 333 s 54 are each reenacted and amended to read as follows:
      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Claim" means an application to the department for compensation under this chapter.
     (2) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the purposes of this chapter all parts of horticultural trees shall be considered a commercial crop and shall be eligible for claims.
     (3) "((Commercial)) Livestock" means cattle, sheep, and horses ((held or raised by a person for sale)).
     (4) "Compensation" means a cash payment, materials, or service.
     (5) "Damage" means economic losses caused by wildlife interactions.
     (6) "Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild.
     (7) "Owner" means a person who has a legal right to commercial crops, ((commercial)) livestock, or other property that was damaged during a wildlife interaction.
     (8) "Wildlife interaction" means the negative interaction and the resultant damage between wildlife and commercial crops, ((commercial)) livestock, or other property.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.12 RCW to read as follows:
     The wildlife conflict account is created in the custody of the state treasurer. Deposits to the account include funds in the state wildlife account fund, authorized in section 5 of this act, that have not been expended at the end of each biennium. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the wildlife conflict account. Expenditures from the account may be used only for the mitigation, assessment, and payment of livestock losses consistent with chapter 77.36 RCW. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The department may not pay more than fifty thousand dollars per fiscal year from the state wildlife account created in RCW 77.12.170 for claims and assessment costs for injury or loss of livestock submitted under RCW 77.36.100.
     (2) The department may accept and expend money from other sources to address losses or damage to livestock or other property.

Sec. 6   RCW 77.36.100 and 2009 c 333 s 55 are each amended to read as follows:
     (1)(a) Except as limited by RCW 77.36.070 and 77.36.080, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk ((or to the owners of commercial livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the commercial livestock has been diminished)). Payments for claims for damage to ((commercial)) livestock ((are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not exceed the total amount specifically appropriated therefor)) that have been killed or that have been injured by large wild carnivores to such a degree that the market value of the livestock has been diminished, are subject to the limitations of section 5(1) of this act and may not exceed the total amount specifically appropriated therefor.
     (b) Owners of commercial crops or ((commercial)) livestock are only eligible for a claim under this subsection if:
     (i) The owner satisfies the definition of "eligible farmer" in RCW 82.08.855;
     (ii) The conditions of RCW 77.36.110 have been satisfied; and
     (iii) The damage caused to the commercial crop or ((commercial)) livestock satisfies the criteria for damage established by the commission under (c) of this subsection.
     (c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and ((commercial)) livestock qualifying for compensation under this subsection. An owner of a commercial crop or ((commercial)) livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or ((commercial)) livestock, which may not be set at a value of less than five hundred dollars.
     (2)(a) The department may offer to provide noncash compensation ((only)) to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or ((commercial)) livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under (b) of this subsection.
     (b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or ((commercial)) livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
     (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this ((subsection)) section.
     (b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
     (4) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim:
     (a) Is denied; or
     (b) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.
     (5) The commission shall adopt rules setting limits and conditions for the department's expenditures on claims and assessments for commercial crops, livestock, other property, and mitigating actions.

Sec. 7   RCW 77.36.130 and 2009 c 333 s 58 are each amended to read as follows:
     (1) Except as otherwise provided in this section and as limited by RCW 77.36.100, 77.36.070, ((and)) 77.36.080, and section 5(1) of this act, the cash compensation portion of each claim by the department under this chapter is limited to the lesser of:
     (a) The value of the damage to the property by wildlife, reduced by the amount of compensation provided to the claimant by any nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions((, except that, subject to appropriation to pay compensation for damage to commercial livestock,)). The value of killed or injured ((commercial)) livestock may be no more than two hundred dollars per sheep, one thousand five hundred dollars per head of cattle, and one thousand five hundred dollars per horse; or
     (b) Ten thousand dollars.
     (2) The department may offer to pay a claim for an amount in excess of ten thousand dollars to the owners of commercial crops or ((commercial)) livestock filing a claim under RCW 77.36.100 only if the outcome of an appeal filed by the claimant under RCW 77.36.100 determines a payment higher than ten thousand dollars.
     (3) All payments of claims by the department under this chapter must be paid to the owner of the damaged property and may not be assigned to a third party.
     (4) The burden of proving all property damage, including damage to commercial crops and ((commercial)) livestock, belongs to the claimant.

NEW SECTION.  Sec. 8   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person may not negligently feed or attempt to feed large wild carnivores or negligently attract large wild carnivores to land or a building.
     (2) If a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority as defined in RCW 16.30.010, has probable cause to believe that a person is negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building by placing or locating food, food waste, or other substance in, on, or about any land or building, and the food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because it is attracting or could attract large wild carnivores to the land or building, that person commits an infraction under chapter 7.84 RCW.
     (3) Subsection (2) of this section does not apply to:
     (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;
     (b) A person who is engaging in a farming or ranching operation that is using generally accepted farming or ranching practices consistent with Titles 15 and 16 RCW;
     (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;
     (d) Entities listed in RCW 16.30.020(1) (a) through (j) and scientific collection permit holders; or
     (e) A fish and wildlife officer or employee or agent of the department conducting authorized wildlife capture activities.
     (4) For persons and entities listed in subsection (3) of this section, a fish and wildlife officer, ex officio fish and wildlife officer, or animal control authority as defined in RCW 16.30.010, may issue a written warning to the person or entity if:
     (a) The officer or animal control authority can articulate facts to support that the person or entity has placed or is responsible for placing food, food waste, or other substance in, on, or about the person's or entity's land or buildings; and
     (b) The food, food waste, or other substance poses a risk to the safety of any person, livestock, or pet because the food, food waste, or other substance is attracting or could attract large wild carnivores to the land or buildings.
     (5)(a) Any written warning issued under subsection (4) of this section requires the person or entity placing or otherwise responsible for placing the food, food waste, or other substance, to contain, move, or remove that food, food waste, or other substance within two days.
     (b) If a person who is issued a written warning under (a) of this subsection fails to contain, move, or remove the food, food waste, or other substance as directed, the person commits an infraction under chapter 7.84 RCW.

NEW SECTION.  Sec. 9   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person may not intentionally feed or attempt to feed large wild carnivores or intentionally attract large wild carnivores to land or a building.
     (2) A person who intentionally feeds, attempts to feed, or attracts large wild carnivores to land or a building is guilty of a misdemeanor.
     (3) A person who is issued an infraction under section 8 of this act for negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the infraction, is guilty of a misdemeanor.

Sec. 10   RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:
     A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:
     (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; ((or))
     (2) Fishes for personal use using barbed hooks in violation of any rule; ((or))
     (3) Negligently feeds, attempts to feed, or attract large wild carnivores in violation of section 8 of this act;
     (4) Commits any offense designated as an infraction under this title; or
     (5) Violates any other rule of the commission or director that is designated by rule as an infraction.

Sec. 11   RCW 77.15.420 and 2005 c 406 s 5 are each amended to read as follows:
     (1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.