HOUSE BILL 1885 AN ACT relating to feeding wildlife:

[elkangel]

Please read bill and send comments to your State Representatives and Senators 

Why does it include the only two animals that have been starving? Elk & Deer

H-1354.1 _____________________________________________
HOUSE BILL 1885
_____________________________________________
State of Washington 61st Legislature 2009 Regular Session

By Representatives Van De Wege, Blake, Warnick, Takko, Ormsby, and Liias (who to call)

 1 AN ACT Relating to feeding wildlife; amending RCW 77.15.160; adding
 2 a new section to chapter 77.15 RCW; creating a new section; and
 3 prescribing penalties.
 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
 5 NEW SECTION.  Sec. 1.  It is the intent of the legislature to
 6 protect wildlife from becoming habituated to humans and to protect the
 7 public against the serious health and safety risk posed by wildlife who
 8 are drawn into contact with humans and related infrastructure by
 9 individuals who intentionally feed wildlife.
10 NEW SECTION.  Sec. 2.  A new section is added to chapter 77.15 RCW
11 to read as follows:
12 (1) A person may not intentionally feed, attempt to feed, or
13 attract wildlife to land or a building.
14 (2)(a) If a fish and wildlife officer or an ex officio fish and
15 wildlife officer has probable cause to believe that the existence or
16 location of food, food waste, or another substance in, upon, or about
17 any land or building poses a risk to the safety of any person because
18 the food, food waste, or other substance is attracting or could attract
p. 1 HB 1885

1 wildlife to the land or building, the officer may issue a written
 2 warning requiring the person to contain, move, or remove the food, food
 3 waste, or other substance within two days.
 4 (b) If a person who is issued a written warning under (a) of this
 5 subsection fails to contain, move, or remove the food, food waste, or
 6 other substance as directed, a fish and wildlife officer or an ex
 7 officio fish and wildlife officer may issue an infraction, which must
 8 be cited and punished as provided under chapter 7.84 RCW.
 9 (c) If a person who is issued an infraction under (b) of this
10 subsection fails to contain, move, or remove the food, food waste, or
11 other substance as directed, or commits a new violation of this section
12 within twelve months of being issued an infraction under (b) of this
13 subsection, a fish and wildlife officer or an ex officio fish and
14 wildlife officer may issue another infraction, which must be cited and
15 punished as provided under chapter 7.84 RCW.
16 (3) This section does not apply to:
17 (a) A person who is engaging in hunting or trapping wildlife in
18 accordance with all other applicable provisions of this title or rules
19 of the commission or the director;
20 (b) A person who is engaging in a farming operation that is using
21 best management practices or other generally accepted farming
22 practices;
23 (c) Waste disposal facilities that are operating in accordance with
24 applicable federal, state, and municipal laws; and
25 (d) Zoos and lawfully operated wildlife refuges.
26 (4) The definitions in this subsection apply throughout this
27 section unless the context clearly requires otherwise.
28 (a) "Building" means a private domicile or home or public or
29 commercial building.
30 (b) "Wildlife" means bear, cougar, wolf, coyote, deer, elk, turkey,
31 raccoon, opossum, and skunk.
32 (c) "Food, food waste, or other substance" means human and pet
33 food, or other waste or garbage that could attract wildlife.
34 (d) "Feed, attempt to feed, or attract" means to provide, leave, or
35 place in, upon, or about any land or building, any food, food waste, or
36 other substance that attracts wildlife to that land, building, or
37 location.
HB 1885 p. 2
 1 Sec. 3.  RCW 77.15.160 and 2000 c 107 s 237 are each amended to
 2 read as follows:
 3 A person is guilty of an infraction, which shall be cited and
 4 punished as provided under chapter 7.84 RCW, if the person:
 5 (1) Fails to immediately record a catch of fish or shellfish on a
 6 catch record card required by RCW 77.32.430, or required by rule of the
 7 commission under this title; ((or))
 8 (2) Fishes for personal use using barbed hooks in violation of any
 9 rule; ((or))
10 (3) Intentionally feeds wildlife in violation of a written warning
11 or previous infraction issued under section 1 of this act; or
12 (4) Violates any other rule of the commission or director that is
13 designated by rule as an infraction.
--- END ---
p. 3 HB 1885

[Wenatcheejay]

 

[NWTFhunter]

I actually have someone in mind to turn in when and if this become a law 

[billythekidrock]

I don't get it. What is the point of this? Who are they targeting?

[Wenatcheejay]

There are people who are feeding elk and deer in a way as to intentionally disrupt hunting and elk migration. They are doing it close to HWY 97 and I believe putting people at risk. This is a good law and should be supported.

[ThePascoKid]

Are they going to cite every farmer with hay in his barn, or who spills some grain on the ground while harvesting it's leaving it up to to much interpretation.  Will Oak Creek be considered in the refuge reference or will they have to stop that also because there are several thousand elk there becoming habituated to humans every year.

[runamuk]

I can see the benefit and the huge gaping interpretation HOLE.

On the plus side this might stop people from feeding raccoons and other critters, of course does this eventually mean no more feeding birds?  Bird feeding is a huge business, people spend a ton of money on bird seed.

What about those who plant CRP formally or informally on their lands?  are they feeding?   

It does say farmers are exempt if it is normal farming practices however, I see interpretation becoming an issue (who decides what is normal and customary).....plenty of farmers drop hay in their fields all winter for cattle, they have no control over the elk and deer.

I have deer who eat my apples, I don't feed them but I sure don't discourage them from eating what would otherwise just go to waste....plus it keeps them out of my flowers having an apple patch 

This is sort of opening a can of maggots if you ask me...

[Wenatcheejay]

It is crazy to have to make an entire law to correct the stupidity of a few do goodiers. But, that is how we do it in Washington. Don't worry I don't think they are after your birdfeeders or hummingbird feeders, at least not yet

[Ghost Hunter]

I actually have someone in mind to turn in when and if this become a law 

You looking at my compost pile

[wazzuhunter]

I think they should insert something about "feeding wildlife with the intent of disrupting hunting and herd migration", as to narrow it down a bit.  After all there are some people out there who only feed the animals in the wintertime in hopes of helping herd numbers, without the intent of disrupting herd migration patterns.

[FrankDown]

But whats to say they are doing one or the other.

Whats to say that one guys that feeds them and has a hunting lodge and collects moeny to feed them so his hunting lodge makes good in hunting season?

I understand both sides, but neither side makes any sense really in many aspects.  Whos right indetermining what someone thinks, maybe farmers or horsemen will be fined for feeding their animals.  Maybe some people feed them so they arent on public land during hunting.  Maybe they feed them to hunt them themselves?  I just think its hard to say why someone would do it, maybe that hay is for bow practice?  Then an archer who shoots a hay bale is feeding elk...  Where would it stop?  Would it help the elk?