(1) Notwithstanding the provisions
of RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions
of law, it is unlawful to take, hunt, or attract black bear with
the aid of bait.
(a) Nothing in this subsection shall be construed to
prohibit the killing of black bear with the aid of bait by
employees or agents of county, state, or federal agencies while
acting in their official capacities for the purpose of protecting
livestock, domestic animals, private property, or the public
safety.
(b) Nothing in this subsection shall be construed to prevent
the establishment and operation of feeding stations for black
bear in order to prevent damage to commercial timberland.
(c) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum of
understanding to a public agency, university, or scientific or
educational institution for the use of bait to attract black bear
for scientific purposes.
(d) As used in this subsection, "bait" means a substance
placed, exposed, deposited, distributed, scattered, or otherwise
used for the purpose of attracting black bears to an area where
one or more persons hunt or intend to hunt them.
(2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or
any other provisions of law, it is unlawful to hunt or pursue
black bear, cougar, bobcat, or lynx with the aid of a dog or
dogs.
(a) Nothing in this subsection shall be construed to
prohibit the killing of black bear, cougar, bobcat, or lynx with
the aid of a dog or dogs by employees or agents of county, state,
or federal agencies while acting in their official capacities for
the purpose of protecting livestock, domestic animals, private
property, or the public safety. A dog or dogs may be used by the
owner or tenant of real property consistent with a permit issued
and conditioned by the director.
(b) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum of
understanding to a public agency, university, or scientific or
educational institution for the use of a dog or dogs for the
pursuit, capture and relocation, of black bear, cougar, bobcat,
or lynx for scientific purposes.
(c) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum of
understanding to a public agency, university, or scientific or
educational institution for the use of a dog or dogs for the
killing of black bear, cougar, or bobcat, for the protection of a
state and/or federally listed threatened or endangered species.
(3)(a) Notwithstanding subsection (2) of this section, the
commission shall authorize the use of dogs only in selected areas
within a game management unit to address a public safety need
presented by one or more cougar. This authority may only be
exercised after the commission has determined that no other
practical alternative to the use of dogs exists, and after the
commission has adopted rules describing the conditions in which
dogs may be used. Conditions that may warrant the use of dogs
within a game management unit include, but are not limited to,
confirmed cougar/human safety incidents, confirmed
cougar/livestock and cougar/pet depredations, and the number of
cougar capture attempts and relocations.
(b) The department shall post on their internet web site the
known details of all reported cougar/human, cougar/pet, or
cougar/livestock interactions within ten days of receiving the
report. The posted material must include, but is not limited to,
the location and time of all reported sightings, and the known
details of any cougar/livestock incidents.
(4) A person who violates subsection (1) or (2) of this
section is guilty of a gross misdemeanor. In addition to
appropriate criminal penalties, the department shall revoke the
hunting license of a person who violates subsection (1) or (2) of
this section and order the suspension of wildlife hunting
privileges for a period of five years following the revocation.
Following a subsequent violation of subsection (1) or (2) of this
section by the same person, a hunting license shall not be issued
to the person at any time.
[2005 c 107 § 1; 2001 c 253 § 31. Prior: 2000 c 248 § 1; 2000 c 107 § 260; 1997 c 1 § 1 (Initiative Measure No. 655, approved November 5, 1996). Formerly RCW 77.16.360.]
NOTES:
Effective date -- 2000 c 248: "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 [March 31, 2000]." [2000 c 248 § 2.]
Severability -- 1997 c 1 (Initiative Measure No. 655): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 1 § 2 (Initiative Measure No. 655, approved November 5, 1996).]