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CERTIFICATION OF ENROLLMENT



SUBSTITUTE SENATE BILL 5179









58th Legislature

2003 Regular Session

Passed by the Senate April 25, 2003

  YEAS 35   NAYS 13









President of the Senate



Passed by the House April 23, 2003

  YEAS 52   NAYS 46









Speaker of the House of Representatives







CERTIFICATE



I, Milton H. Doumit, Jr., Secretary of the

Senate of the State of Washington, do

hereby certify that the attached is

SUBSTITUTE SENATE BILL 5179 as passed

by the Senate and the House of

Representatives on the dates hereon set

forth.









Secretary

Approved























Governor of the State of Washington

FILED



















                                              Secretary of State

                                              State of Washington

            _____________________________________________



                     SUBSTITUTE SENATE BILL 5179

            _____________________________________________



AS AMENDED BY THE HOUSE



Passed Legislature - 2003 Regular Session



State of Washington       58th Legislature       2003 Regular Session



By  Senate Committee on Parks, Fish & Wildlife (originally sponsored

by Senators Oke, Mulliken, Rasmussen and T. Sheldon)



READ FIRST TIME 02/11/03.





     AN ACT Relating to body-gripping traps; amending RCW 77.08.010,

77.15.194, 77.65.450, 77.65.460, 77.32.545, and 77.15.198; adding new

sections to chapter 77.12 RCW; repealing RCW 77.15.192; and declaring an

emergency.



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



     {+ NEW SECTION. +}  Sec. 1.  A new section is added to chapter 77.12 RCW

to read as follows:

     (1) The legislature finds that a professionally managed and regulated

trapping program is not only vital to the health of Washington's wildlife

populations, but is also consistent with the state's obligations to manage

all natural resources in trust for the common good of all citizens.

     (2) The legislature further finds that it is in the interest of all of

the citizens of Washington to ensure that all trapping is done in accordance

with sound scientific wildlife management principles using humane methods as

set forth in this act.  It is the legislature's intent to implement a sound

furbearer management program, administered using sound science by the

department of fish and wildlife, that addresses an animal problem as defined

in RCW 77.08.010.

     (3) The legislature further finds that humanely regulated trapping

practices used to control animal problems contribute positively to the

economic well-being of the state of Washington, to public health and welfare

by assisting to control the spread of animal-borne disease, and to the

protection of private and public property from damage resulting from

uncontrolled animal populations.

     (4) The legislature further finds that the sale, trade, or barter of

wild animal pelts is consistent with the legislature's intent not to waste a

valuable wildlife resource.

     (5) The legislature recognizes that among the choices available for the

trapping of animals, some may cause pain and suffering in the animals

captured.  The legislature further recognizes that some trapping methods can

capture animals that are not targeted, including pets.  It is the policy of

the state of Washington to minimize the use of indiscriminate or painful

traps and to use all traps humanely.  When lethal trapping methods are used,

such methods must be used in the most humane way that accomplishes the goal

of reducing animal problems.  All trappers in the state should use all

practicable means necessary to avoid the capture of a nontargeted animal.



     Sec. 2.  RCW 77.08.010 and 2002 c 281 s 2 are each amended to read as

follows:

     As used in this title or rules adopted under this title, unless the

context clearly requires otherwise:

     (1) "Director" means the director of fish and wildlife.

     (2) "Department" means the department of fish and wildlife.

     (3) "Commission" means the state fish and wildlife commission.

     (4) "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.

     (5) "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.

     (6) "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.

     (7) "To hunt" and its derivatives means an effort to kill, injure,

capture, or harass a wild animal or wild bird.

     (8) "To trap" and its derivatives means a method of hunting using

devices to capture wild animals or wild birds.

     (9) "To fish," "to harvest," and "to take," and their derivatives means

an effort to kill, injure, harass, or catch a fish or shellfish.

     (10) "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.

     (11) "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.

     (12) "Closed area" means a place where the hunting of some or all

species of wild animals or wild birds is prohibited.

     (13) "Closed waters" means all or part of a lake, river, stream, or

other body of water, where fishing or harvesting is prohibited.

     (14) "Game reserve" means a closed area where hunting for all wild

animals and wild birds is prohibited.

     (15) "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.

     (16) "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.

     (17) "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.

     (18) "Wild birds" means those species of the class Aves whose members

exist in Washington in a wild state.

     (19) "Protected wildlife" means wildlife designated by the commission

that shall not be hunted or fished.

     (20) "Endangered species" means wildlife designated by the commission as

seriously threatened with extinction.

     (21) "Game animals" means wild animals that shall not be hunted except

as authorized by the commission.

     (22) "Fur-bearing animals" means game animals that shall not be trapped

except as authorized by the commission.

     (23) "Game birds" means wild birds that shall not be hunted except as

authorized by the commission.

     (24) "Predatory birds" means wild birds that may be hunted throughout

the year as authorized by the commission.

     (25) "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.

     (26) "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.

     (27) "Person of disability" means a permanently disabled person who is

not ambulatory without the assistance of a wheelchair, crutches, or similar

devices.

     (28) "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.

     (29) "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.

     (30) "Youth" means a person fifteen years old for fishing and under

sixteen years old for hunting.

     (31) "Senior" means a person seventy years old or older.

     (32) "License year" means the period of time for which a recreational

license is valid.  The license year begins April 1st, and ends March 31st.

     (33) "Saltwater" means those marine waters seaward of river mouths.

     (34) "Freshwater" means all waters not defined as saltwater including,

but not limited to, rivers upstream of the river mouth, lakes, ponds, and

reservoirs.

     (35) "State waters" means all marine waters and fresh waters within

ordinary high water lines and within the territorial boundaries of the state.

     (36) "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.

     (37) "Concurrent waters of the Columbia river" means those waters of the

Columbia river that coincide with the Washington-Oregon state boundary.

     (38) "Resident" means 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.

     (39) "Nonresident" means a person who has not fulfilled the

qualifications of a resident.

     (40) "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.

     (41) "Commercial" means related to or connected with buying, selling, or

bartering.

     (42) "To process" and its derivatives mean preparing or preserving fish,

wildlife, or shellfish.

     (43) "Personal use" means for the private use of the individual taking

the fish or shellfish and not for sale or barter.

     (44) "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.

     (45) "Fishery" means the taking of one or more particular species of

fish or shellfish with particular gear in a particular geographical area.

     (46) "Limited-entry license" means a license subject to a license

limitation program established in chapter 77.70 RCW.

     (47) "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.

     (48) "Trafficking" means offering, attempting to engage, or engaging in

sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic

wildlife.

     (49) "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.

     (50) "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.

     (51) "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.

     (52) "Unregulated aquatic animal species" means a nonnative animal

species that has been classified as an unregulated aquatic animal species by

the commission.

     (53) "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.

     (54) "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.

     {+ (55) "Body-gripping trap" means a steel trap that grips an animal's

body or body part, including steel-jawed foothold trap, neck snare, or foot

snare.

     (56) "Raw fur" means a pelt that has not been processed for purposes of

retail sale.

     (57) "Animal problem" means damage, injury, or reasonable threat of

damage or injury, caused by furbearing mammals, unclassified wildlife, or

deleterious exotic wildlife to:  Public or private property or resources;

livestock or other domestic animals; or human health or safety.

     (58) "Nuisance wildlife" means moles, mice, rats, mountain beavers,

gophers, nutria, and other wildlife so designated by the commission by rule.

     (59) "Nuisance bird problem" means damage, injury, or reasonable threat

of damage or injury, caused by avian species to:  Public or private property

or resources; human health; or public safety.

     (60) "Programmatic trapping permit" means a permit issued by the

director for the following purposes:  (a) For furbearer management unit

purposes; (b) to prevent damage or injury, or a reasonable threat of +} {+

damage or injury, to (i) public or private property or resources; (ii)

livestock or other domestic animals; (iii) agricultural, timber, and

horticultural resources; (iv) human health or safety; or (v) other purposes

so designated by the commission by rule.

     (61) "Conditional use trapping permit" means an emergency permit,

limited to specific times, purposes, and areas, issued by the director to

address unanticipated and immediate damage or injury to public or private

property or resources or other purposes designated by the commission by rule.

     (62) "Restricted use trapping permit" means a permit issued by the

director to protect either sensitive or endangered species and habitat, or

both, or other purposes designated by the commission by rule. +}



     Sec. 3.  RCW 77.15.194 and 2001 c 1 s 3 are each amended to read as

follows:

     {+ It is the duty of every trapper to ensure that all trapping is done

humanely.  To ensure that this goal is met, all trappers must abide by the

following: +}

     (1) It is unlawful to use or authorize the use of any (({- steel-jawed

leghold trap, neck snare, or other -})) body-gripping trap to capture any

mammal (({- for recreation or commerce in fur -})) {+ without a permit issued

by the director, except no trap with teeth or serrated edges may be

permitted.  The director may only issue a permit under this section for the

purposes of addressing an animal problem, nuisance bird problem, capturing

live raptors for falconry, for furbearer management program needs, or for

conducting scientific research +}.

     (2) It is unlawful to knowingly buy, sell, barter, or otherwise

exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of

a mammal or a mammal that has been trapped in (({- this state with a steel-

jawed leghold trap or any other body-gripping trap, whether or not pursuant

to permit.

     (3) It is unlawful to use or authorize the use of any steel-jawed

leghold trap or any other body-gripping trap to capture any animal, except as

provided in subsections (4) and (5) of this section.

     (4) Nothing in this section prohibits the use of a Conibear trap in

water, a padded leghold trap, or a nonstrangling type foot snare with a

special permit granted by [the] director under (a) through (d) of this

subsection.  Issuance of the special permits shall be governed by -} {- rules

adopted by the department and in accordance with the requirements of this

section.  Every person granted a special permit to use a trap or device

listed in this subsection shall check the trap or device at least every

twenty-four hours.

     (a) Nothing in this section prohibits the director, in consultation with

the department of social and health services or the United States department

of health and human services from granting a permit to use traps listed in

this subsection for the purpose of protecting people from threats to their

health and safety.

     (b) Nothing in this section prohibits the director from granting a

special permit to use traps listed in this subsection to a person who applies

for such a permit in writing, and who establishes that there exists on a

property an animal problem that has not been and cannot be reasonably abated

by the use of nonlethal control tools, including but not limited to guard

animals, electric fencing, or box and cage traps, or if such nonlethal means

cannot be reasonably applied.  Upon making a finding in writing that the

animal problem has not been and cannot be reasonably abated by nonlethal

control tools or if the tools cannot be reasonably applied, the director may

authorize the use, setting, placing, or maintenance of the traps for a period

not to exceed thirty days.

     (c) Nothing in this section prohibits the director from granting a

special permit to department employees or agents to use traps listed in this

subsection where the use of the traps is the only practical means of

protecting threatened or endangered species as designated under RCW

77.08.010.

     (d) Nothing in this section prohibits the director from issuing a permit

to use traps listed in this subsection, excluding Conibear traps, for the

conduct of legitimate wildlife research.

     (5) Nothing in this section prohibits the United States fish and

wildlife service, its employees or agents, from using a trap listed in

subsection (4) of this section where the fish and wildlife service

determines, in consultation with the director, that the use of such traps is

necessary to protect species listed as threatened or endangered under the

federal endangered species act (16 U.S.C. Sec. 1531 et seq.) -})) {+

violation of subsection (1) of this section.  To prevent wastage, nothing in

this section prohibits the sale, barter, or +} {+ trade of an animal carcass

or pelt, or the donation of an animal carcass or pelt for scientific research

or public health training lawfully taken under this title.

     (3)(a) All trapping of wild animals using body-gripping traps must be

conducted by trappers licensed by the department under RCW 77.65.450, under a

permit from the director, and in accordance with the rules developed by the

commission as they relate to wildlife trapping.  However, nothing in this

section prohibits the use of commonly used traps by public or private

property owners or their agents operating on their property to control the

following nuisance wildlife:  Moles, mice, rats, mountain beavers, gophers,

and nutria.

     (b) Furbearing mammals may not be taken from the wild and held alive for

sale or personal use.  All trapping of furbearing mammals must be conducted

in furtherance of a wildlife trapping program being implemented by the

department for an animal problem, for scientific research, or for mammal

population management as defined by the commission by rule.

     (c) Wildlife unintentionally trapped while trapping to manage an animal

problem, or while conducting scientific research, must, if possible, be

released unharmed immediately upon discovery.  The commission may adopt by

rule or guideline procedures for the handling of any animal that is unable to

be released unharmed.

     (d) Lawfully trapped wild animals, if not intended for release, must be

humanely dispatched, or if intended for release, must be either immediately

released or immediately taken to a rehabilitation center, if necessary.  The

commission may adopt by rule or guideline procedures for the humane dispatch

of captured animals.

     (4)(a) It is unlawful for a licensed trapper to fail to complete and

submit to the department a report of catch postmarked on or before April 20th

of each year.  The report must be submitted to the department regardless of

trapping success, and indicate the number, general location, and species of

all animals captured, including those animals captured that were not part of

an animal problem.  The report must also include details for domestic pets

captured in traps, the circumstances for each specific incident, and if the

domestic pet was injured or released unharmed.  Trappers who fail to submit

an accurate report of catch shall have their trapping privileges suspended

for one +} {+ year.  False reports are considered failure to report.  It is

the responsibility of each licensed trapper to obtain and submit a report of

catch on forms provided by the department.

     (b) The department shall maintain and analyze all catch reports received

pursuant to (a) of this subsection.  Data collected on catch reports must be

presented to the appropriate legislative committees by November 30th of each

year.

     (5) Federal wildlife management agencies and their employees and agents,

while acting lawfully within the scope of their authority, are not subject to

the provisions of this section +}.



     {+ NEW SECTION. +}  Sec. 4.  A new section is added to chapter 77.12 RCW

to read as follows:

     The commission shall adopt appropriate rules regarding the types of

traps and bait for use in capturing wildlife to ensure the humane treatment

of captured animals.  In adopting these rules, the commission may take into

consideration the effectiveness of various trap sizes, approved best

management practices, and the habitats in which the traps may be used.  These

rules must address the time intervals during which specific traps must be

checked and animals removed.  These rules may not allow for the use of traps

with teeth or serrated edges or a neck or body snare attached to a spring

pole or any spring pole type device.  The commission must also adopt rules

for the appropriate disposal of carcasses.



     {+ NEW SECTION. +}  Sec. 5.  A new section is added to chapter 77.12 RCW

to read as follows:

     The department shall institute a furbearer management program that

addresses animal problems and shall only issue programmatic trapping,

conditional use, or restricted use trapping permits, as those terms are

defined in RCW 77.08.010, and trapping licenses or propose rules consistent

with this program.



     Sec. 6.  RCW 77.65.450 and 1991 sp.s. c 7 s 3 are each amended to read

as follows:

     A state trapping license {+ in combination with a programmatic trapping

permit, conditional use trapping permit, or restricted use trapping permit

from the director +} allows the holder to trap fur-bearing animals throughout

the state {+ in accordance with the rules adopted by the commission under

section 4 of this act +}; however, a trapper may not place traps on {+ public

or +} private property without permission of the owner, lessee, or tenant

where the land is improved and apparently used, or where the land is fenced

or enclosed in a manner designed to exclude intruders or to indicate a

property boundary line, or where notice is given by posting in a conspicuous

manner.  A state trapping license is void on April 1st following the date of

issuance.  The fee for this license is thirty-six dollars for residents

sixteen years of age or older, (({- fifteen -})) {+ twenty +} dollars for

residents under sixteen years of age, and (({- one -})) {+ two +} hundred

(({- eighty -})) dollars for nonresidents.  {+ Licensed trappers age fifteen

years and younger must be under the direct supervision of a licensed adult

trapper when engaged in trapping activities.  The fee for a programmatic

trapping permit for residents sixteen years of age or older and nonresidents,

for animal problems as that term is defined in RCW 77.08.010, is twelve

dollars and fifty cents.  A trapping license is valid for using body-gripping

traps in combination with a permit for the control of animal problems, as

that term is defined in RCW 77.08.010, or for scientific research.  The live

capture of raptors for falconry, or scientific research, by use of a foot

snare or other body-gripping trap may also be authorized by rule of the

commission. +}



     Sec. 7.  RCW 77.65.460 and 1987 c 506 s 82 are each amended to read as

follows:

     {+ All p +}ersons purchasing a state trapping license (({- for the first

time -})) {+ after April 1, 2003, +} shall (({- present certification of

completion of -})) {+ complete +} a course of instruction in safe, humane,

and proper trapping techniques or pass an examination to establish that the

applicant has the requisite knowledge.  {+ Licensed trappers who have been

active in state-regulated trapping since November 2000 are exempt from this

provision. +}

     The director shall establish a program for training persons in trapping

techniques and responsibilities {+ in urban, suburban, and rural settings +},

including the use of trapping devices designed to painlessly capture or

instantly kill.  The director shall cooperate with (({- national and state

animal, humane -})) {+ recognized Washington state based animal shelters,

wildlife rehabilitation centers, and similar entities +} {+ providing animal

care and rehabilitation services +}, hunter education, and {+ Washington

state based +} trapping organizations in the development {+ and instruction

+} of (({- a curriculum -})) {+ trapper training +}.  Upon successful

completion of the course, trainees shall receive a trapper's training

certificate signed by an authorized instructor.  This certificate is evidence

of compliance with this section.



     Sec. 8.  RCW 77.32.545 and 1998 c 190 s 121 are each amended to read as

follows:

     A property owner, lessee, or tenant may remove a trap placed on the

owner's, lessee's, or tenant's posted or fenced property by a trapper.  {+ A

property owner, lessee, or tenant who discovers a trap placed on any portion

of his or her property that is not authorized by the owner, lessee, or

tenant, may report the finding to the department, including whether a live

animal is captured in the trap.  The commission may adopt by rule or

guideline procedures for the handling of live animals discovered in such

traps. +}

     Trappers shall attach to the chain of their traps or devices a legible

metal tag with either the department identification number of the trapper or

the name and address of the trapper in English letters not less than one-

eighth inch in height.

     When a property owner, lessee, or tenant presents a trapper

identification number to the department for a trap found upon the property of

the owner, lessee, or tenant and requests identification of the trapper, the

department shall provide the requestor with the name and address of the

trapper.  Prior to disclosure of the trapper's name and address, the

department shall obtain the name and address of the requesting individual in

writing and after disclosing the trapper's name and address to the requesting

individual, the requesting individual's name and address shall be disclosed

in writing to the trapper whose name and address was disclosed.



     Sec. 9.  RCW 77.15.198 and 2001 c 1 s 5 are each amended to read as

follows:

     Any person who violates RCW 77.15.194 or 77.15.196 is guilty of a gross

misdemeanor.  In addition to appropriate criminal penalties, the director

shall revoke the trapping license of any person convicted of a {+ repeat +}

violation of RCW 77.15.194 or 77.15.196.  The director shall not issue the

violator a trapping license for a period of five years following the

revocation.  (({- Following a subsequent conviction for a violation of RCW

77.15.194 or 77.15.196 by the same person, the director shall not issue a

trapping license to the person at any time -})) {+ A person may not be

granted a new trapping license following a revocation under this section

unless that person completes the education program outlined in RCW 77.65.460

not more than one year before a new license is granted +}.



     {+ NEW SECTION. +}  Sec. 10.  RCW 77.15.192 (Definitions) and 2001 c 1 s

2 are each repealed.



     {+ NEW SECTION. +}  Sec. 11.  This act is necessary for the immediate

preservation of the public peace, health, or safety, or support of the state

government and its existing public institutions, and takes effect

immediately.



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