NEW SECTION. Sec. 1. (1) The legislature finds that 17 Washington counties have confirmed populations of elk with treponeme associated hoof disease. The legislature further finds that there is no vaccine to prevent the disease or proven treatments for the disease. The legislature further finds that cattle and sheep have been diagnosed with hoof diseases associated with treponeme bacteria. Treponeme disease causes hooves to become elongated, deformed, broken, or even missing, causing the elk to limp and endure pain while walking and maneuvering through the landscape. Afflicted elk are then much more susceptible to disease and malnutrition resulting in premature death. The disease can spread rapidly, remaining viable in damp earth, and may spread between wild elk and domestic hooved animals.

(2) The legislature finds that management of this disease and the humane treatment of the elk should include efforts by private citizens. As the department of fish and wildlife is unable to be ever-present for active management and humane disposal of injured animals, and since harvested elk can remain a viable food source for private individuals, the legislature finds that, with proper documentation and reporting, private individuals should be allowed to harvest diseased elk to help prevent the spread of elk hoof disease.

(3) The legislature further finds that the fish and wildlife commission must implement a three-year pilot program to evaluate the effectiveness of a program to address elk hoof disease and report back to the appropriate committees of the legislature by December 1, 2027, regarding the program.

NEW SECTION. Sec. 2. (1) The department of fish and wildlife shall implement a three-year pilot program in order to evaluate the effectiveness of authorizing private individuals to address elk hoof disease. The department of fish and wildlife must report back to the appropriate committees of the legislature by December 1, 2027, regarding the program.

(2)(a) An authorized person, as identified in (c) of this subsection, may humanely euthanize an elk that the person reasonably believes is exhibiting a severe limp and is located in an area where hoof disease is present. An authorized person may humanely euthanize an affected elk the person encounters without regard to hunting season dates and areas and no tag is required. Reasonable measures must be taken to preserve the elk meat to prevent waste. Except as provided in (e) of this subsection, an authorized person may retain the animal, at their discretion.

(b) Except for tribal members, an authorized person humanely euthanizing an elk under this subsection must notify the department of fish and wildlife of that action within 24 hours of taking that action by the most expeditious and reasonable means available. An authorized person must report the take of an elk accompanied by photographic or video evidence of the carcass in situ, as well as pictures of the diseased or injured hooves. Hooves must be retained and submitted for testing at Washington State University's college of veterinary medicine.

(c) Those authorized to humanely euthanize an elk under this subsection include: A landowner humanely euthanizing an elk on their land; a person with a valid hunting license under chapter 77.32 RCW; and a person with a tribal identification card from a federally recognized tribe.

(d) Individuals taking elk under this section are presumed to have acted in good faith whether or not a diagnosis of treponeme-associated hoof disease is confirmed.

(e) An elk harvested under this section within a tribe's usual and accustomed hunting areas must first be offered to the tribe. If the tribe chooses not to accept the elk, the meat may be provided to the local food bank.

NEW SECTION. Sec. 3. The department of fish and wildlife must immediately adopt or amend any rule as necessary to implement, and ensure rules that are consistent with, this act.