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Author Topic: HB 1104 Creating Crime of Interference w/ Agricultural Production-Hunting Impact  (Read 4174 times)

Online bigtex

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Your probably thinking how could the crime of "interference with agricultural production" impact hunters? Well read the sections below which I cut from the bill.

(1)  A person commits the crime of interference with agricultural production if the person knowingly:
(a)  Is not employed by an agricultural production facility and enters an agricultural production facility by theft, force, threat, misrepresentation, or trespass;
(2)
(b)"Agricultural production facility" means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural production.
(3) A person found guilty of committing the crime of interference with agricultural production is guilty of a gross misdemeanor as defined in RCW 9A.20.021.

Current state law says criminal trespass 2nd degree (trespassing on land) is a misdemeanor. The infamous hunting while trespass law is a misdemeanor. But under this bill trespass on land used for agricultural production is a gross misdemeanor.

DNR leases land to farmers for agricultural purposes. Under state law these leases cannot prohibit access for hunting/fishing except for fire reasons or another reason approved by DNR. But this bill includes publicly owned agricultural land as part of a "agricultural production facility."

The bill is sponsored by Representatives Schmick, Wilcox, Haler, Robinson, and Buys. All are republicans except Robinson.

http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/House%20Bills/1104.pdf
« Last Edit: January 27, 2015, 11:43:15 PM by bigtex »

Offline Sitka_Blacktail

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Would that include public land leased for cattle grazing?
A man who fears suffering is already suffering from what he fears. ~ Michel de Montaigne

Offline Knocker of rocks

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Pretty vague

Offline Jingles

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And these dirtbags in Olympia get paid to sit around and dream up some of this garbage, then Want pay more when the regular session ends and they haven't done anything...

How about passing this
NO New Laws will be passed if there is already a law on the books regarding that subject
« Last Edit: January 28, 2015, 07:13:29 AM by Woodchuck »
HMC/USN/RET
1969 -1990
The comments of this poster do not reflect the opinions of HUNTWA Administrators or Moderators unless they so state.

The duty of a Patriot is to protect his country from it's government

Offline SCRUBS

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And these dirtbags in Olympia get paid to sit around and dream up some of this schit, then Want pay more when the regular session ends and they haven't done anything...

How about passing this
NO New Laws will be passed if there is already a law on the books regarding that subject

 :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah: :yeah:

Offline lokidog

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DNR leases land to farmers for agricultural purposes. Under state law these leases cannot prohibit access for hunting/fishing except for fire reasons or another reason approved by DNR. But this bill includes publicly owned agricultural land as part of a "agricultural production facility."

Personally, I don't think they should be able to post AT ALL.  Every piece of leased "farm" land I have seen has been posted (I'm sure there are osme that are not, but my experience as a visiting eastsider has been this).  If there are No Tresspassing signs on it, how does one know if it has been "approved" by DNR or just posted because they want to?  Unless you are excessively damaging the crop (not including walking through) or damaging equipment, it should be accessible.

Online bigtex

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There's other provisions of the bill that I can kind of understand. Such as a provision against filming or recording farm activities on farm land without permission. Secretly working for another business and seeking employment with the farm.

Not sure if those issues are even occurring.  :dunno:

But we all know there is already a trespass law, so I am not sure why this additional is needed.

Offline Knocker of rocks

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There's other provisions of the bill that I can kind of understand. Such as a provision against filming or recording farm activities on farm land without permission. Secretly working for another business and seeking employment with the farm.

Not sure if those issues are even occurring.  :dunno:

But we all know there is already a trespass law, so I am not sure why this additional is needed.

More Ag-gag.

These laws will probably be tossed out in the next couple of years

Online bigtex

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DNR leases land to farmers for agricultural purposes. Under state law these leases cannot prohibit access for hunting/fishing except for fire reasons or another reason approved by DNR. But this bill includes publicly owned agricultural land as part of a "agricultural production facility."

Personally, I don't think they should be able to post AT ALL.  Every piece of leased "farm" land I have seen has been posted (I'm sure there are osme that are not, but my experience as a visiting eastsider has been this).  If there are No Tresspassing signs on it, how does one know if it has been "approved" by DNR or just posted because they want to?  Unless you are excessively damaging the crop (not including walking through) or damaging equipment, it should be accessible.
I know of some DNR land that is leased that isn't illegally posted. Problem comes to enforcement. DNR isn't out looking around to make sure that their leased land isn't posted. It is actually part of the application process that potential leases are told they aren't allowed to prevent access.

Offline lokidog

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I'm sure there are some leasors that do the right thing, but it is hard for those of us that are just looking for public land to hunt for a weekend to know the difference. 

Looks like you finally found one that 100% of us can agree on though (at least us who voted).   :chuckle:

Offline JimmyHoffa

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What is bringing this about?  I read through the proposal and it makes me think of animal rights/environmentalist type sabotage or additional protections for the 'budding' marijuana industry.  Are there currently some problems occurring that current laws aren't deterring?  Also, can timber be included?  (like for guys stuffing locks on timber company gates?)

 


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