HOUSE BILL REPORT

HB 542

BYRepresentatives 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 REPORTED BY COMMITTEE ON NATURAL RESOURCES FEBRUARY 19, 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:

SUBSTITUTE BILL:  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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The penalty for placing a trap on private property without the landowner's permission ($100 per offense) is removed.  Added language specifies that once a landowner removes a trap from his/her property, he/she must notify the Game Department in a reasonable amount of time.  Placing a trap without the landowner's permission is trespass when the land is improved and apparently used or where the land is fenced or enclosed in a manner designated to exclude intruders or where notice is given by posting in a conspicuous manner.  These last conditions coincide with existing trespass laws.

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.