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2003 Senate Bill 5179
Introduced by Sen. Bob Oke (R) on January 16, 2003
To allow the use of safe and effective body-gripping traps for the protection of life and property. This bill also authorizes the Fish and Wildlife Commission to limit the use of inhumane traps when effective alternatives exist. The bill specifically permits common mole and gopher traps.   Official Text and Analysis.
Referred to the Senate Parks, Fish and Wildlife Committee on January 17, 2003
Testimony in support offered in the Senate on February 11, 2003
By Frederic Blauert, Farm Bureau, WA Sheep Producers; Bob Chorush; Jennifer Forbes; Rick Nelson, WA Cattlemen (pro); Dan Fazio, WA Farm Bureau; Nels Hanson, WA Farm Forestry Assn.; M.R. Armstrong; Bill Garvin, WFPA. They testified that the proposed substitute addresses the concerns about the existing law. The permit requirements in the existing law make it impossible to control effectively animal-caused damage to livestock, timber, crops, and property or to maintain safety at airports. The economic impact is very great; immediate relief is necessary. The USDA should be exempt.
Testimony in opposition offered in the Senate on February 11, 2003
By Stewart A. Metz; Shawn Newman, Initiative Referendum Inst.; Jim Robertson; Carla Robertson; and Mark Skatrud. They testified that simple repeal is preferable, because the numerous concerns are not addressed thoroughly. Animal populations have been severely depleted or eliminated by trapping; the effect is not apparent until after the damage is done. The existing law adopted by initiative should not be amended until the Supreme Court has ruled on the initiative. Trapping is not a scientific method of animal population management. Traps are cruel and dangerous to people and pets. Except for allowing trapping of moles and gophers, the existing law is sufficient for protecting property and public safety. Trappers should not have to be licensed.
Substitute offered to the Senate Parks, Fish and Wildlife Committee on February 11, 2003
To prohibit the use of body-gripping traps, except by licensed trappers for the specified purposes. Knowingly dealing in the raw fur of animals trapped for other than the specified purposes is prohibited. Requirements concerning live trapping, trapping for scientific purposes, humane dispatching, release, falconry, and bird problems are added. Requirements for reporting by trappers and the department are added. A fur-bearer management program is required. Property owners are allowed, but not required, to report unauthorized traps. The United States Department of Agriculture Wildlife Services Program and the United States Fish and Wildlife service are exempt. An emergency clause is added.
The substitute passed by voice vote in the Senate on February 11, 2003
Referred to the Senate Rules Committee on February 11, 2003
Concerning body-gripping animal traps.
Received in the House on March 7, 2003
Referred to the House Fisheries, Ecology & Parks Committee on March 7, 2003
Amendment offered by Rep. Jim Buck (R) on April 23, 2003
The amendment passed by voice vote in the House on April 23, 2003
Amendment offered by Rep. Mike Cooper (D) on April 23, 2003
To replace the language in the underlying bill with the following provisions: excludes common gopher and mole traps from the definition of a body-gripping trap; includes publicly-owned lands in the definition of an "animal problem;" allows the owner or operator of commercial timber to use a number 110 Conibear trap to capture mountain beavers, if nonlethal control measures cannot reasonably be applied (Nonlethal control measures include fencing and tree-wrapping); mountain beavers trapped under this authority must be reported to the Department of Fish and Wildlife on an annual basis; allows a 30-day coyote trapping permit to be issued for the protection of commercial livestock during the birthing season without having to show that nonlethal methods have been exhausted; specifies that all permitted trapping must be done consistent with the other provisions of the state's game laws; requires the Department of Fish and Wildlife to undertake public outreach efforts and report back to the Legislature.
The amendment failed 47 to 51 in the House on April 23, 2003.
    See Who Voted "Yes" and Who Voted "No".
Received in the Senate on April 25, 2003
The Senate concurred with the House amendment.
Vetoed by Gov. Gary Locke on May 20, 2003
Regarding body-gripping traps. The governor stated in his veto message that, "Early this session, I supported legislation that would have addressed the specific problems associated with Initiative 713. This legislation would have allowed the use of traps on moles, gophers and mountain beavers, and provided additional protections for livestock. At that time, I also indicated my opposition to legislation that would repeal the core principles underlying the initiative. Whenever possible, improvements to address unintended consequences of an initiative should be pursued before consideration of a repeal. Because this bill effectively repeals the initiative, even though an alternative legislative solution exists to address the problems of the initiative, I have vetoed the bill in its entirety. We need to put this issue behind us by looking for ways we can creatively implement solutions, rather than perpetuate problems. With this message, I am requesting members of the Fish and Wildlife Commission to closely oversee DFW's implementation of Initiative 713, consistent with its spirit and intent. Specifically, I would like the Commission to recommend changes to help protect livestock and reduce damage to public property, and to conduct an educational outreach program around the state that explains the availability of the special permit program allowed under Initiative 713. In the meantime, I also would expect that given current financial constraints, DFW would use its limited enforcement resources on higher priorities rather than against homeowners, businesses and the timber industry that have trapped for moles, gophers and mountain beavers." Governor Locke vetoed the entire bill.