HOUSE BILL REPORT

SHB 542

BYHouse Committee on Natural Resources (originally sponsored by Representatives Patrick, Holland, S. Wilson, Sutherland, May and Jacobsen)

Prohibiting placement of traps on private property without permission.

House Committe on Natural Resources

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Basich, Beck, Belcher, Bumgarner, Cole, Hargrove, Haugen, Sayan, C. Smith, Spanel and S. Wilson.

Minority Report:     Do not pass.  (2)

     Signed by Representatives Amondson and Schmidt.

House Staff:Bill Koss (786-7129)

AS PASSED HOUSE MARCH 10, 1987

BACKGROUND:

The Department of Game regulates trapping of wildlife.  A prospective trapper must obtain an annual license at a cost of $30 for residents over 15 years of age and $150 for non-residents.  The license entitles the person to trap fur bearing animals.  The Game Department determines by rule what animals are considered fur bearers.  These include beaver, muskrat, raccoon, coyote, etc.

Trappers must attach to each trap their name and address in letters at least one-eighth inch high.

In a typical year, the department issues between 1,000 to 1,200 licenses.  In the 1985-86 season, licensed individuals captured 10,004 muskrat, 5,664 beaver, 2,766 coyote, and 2,258 raccoon, to name the four most frequently trapped animals.

SUMMARY:

A landowner may remove a trap placed on his/her property without the trapper's permission, and must then notify the Game Department in a reasonable amount of time.  People who place traps on posted private property, as defined in RCW 9A.52, are guilty of trespass and subject to civil penalties.

EFFECT OF SENATE AMENDMENT(S):  The Senate amendment deletes the requirement that a landowner, upon removing an unauthorized trap from his or her property, must notify the Game Department.  Persons who place traps on private property without the landowner's permission commit a misdemeanor offense.  They shall be punished by a fine of not less than $500 per offense.  Additionally, the Game Commission must revoke the trapper's trapping license.

Written permission must be obtained from a landowner prior to placing traps on the property.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Don and Marie Torget, Issaquah citizens; John Hosford, resident of Tacoma; Representative Patrick, Prime Sponsor.

House Committee - Testified Against: Rich Poelker, Department of Game; Mike Thorniley, Washington State Trappers Association; Everett Simpson, private trapper.

House Committee - Testimony For:     Landowners need to know if a person sets traps on their land.  In this particular situation, a pet dog was caught in a trap and later, the trapper did not help with medical expenses.  The landowner should be able to trip a trap.

House Committee - Testimony Against: Existing trespass laws should handle instances when a trap is placed on private property without permission.  Now that wildlife agents can enforce more than wildlife laws, a landowner should not have to call the sheriff.

VOTE ON FINAL PASSAGE:

     Yeas 92; Nays 5; Excused 1

Voting Nay:     Representatives Ferguson, Hargrove, Niemi, Schmidt and Zellinsky

Excused:   Representative Doty