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IC 14-22-37

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Frederick and Rosanne Shuger are appealing an Indiana judge’s ruling on that state’s hunter harassment law, arguing that the law is unconstitutionally vague.

The Shugers stand accused of interfering with a deer cull on property owned by the town of Beverly Shores, Indiana, numerous times over the past couple years. According to the Northwest Indiana Times, the couple show up in their car prior at the beginning of the deer cull and,

They allegedly yelled obscenities, slammed car doors, belw the vehicle’s horn and alowed a dog to bark, all actions that could scare away the prey.

The Shugers’ attorney, Garry Weiss, argued before Superior Court Judge Julia Jent that the charges should be dismissed on constitutional grounds, but the judge denied the motion. Weiss has now appealed that decision to the Indiana Court of Appeals. The Shugers also claim their right to free speech is violated by the statute.

The Indiana statute looks pretty solid, saying that anyone who

knowingly or intentionally interferes with the legal taking of a game animal by another person with intent to prevent the taking commits a Class C misdemeanor.

So the Shugers could show up outside the cull and hold up signs protesting the hunt, they could hand out leaflets opposing the cull — but they can’t knowingly or intentionally make a lot of noise in order to scare off animals. That seems like a pretty straightforward definition.

Weiss’ claim that the the statute is vague makes about as much sense as a poacher claiming that Indiana’s statutes don’t adequately define what it means to illegally “possess” an endangered animal.

The full text of Indiana’s hunter harrassment law is available here.

Sources:

Hunter harassment law faces challenge. Bob Kasarda, Northwest Indiana Times, May 6, 2003.

Deer culls must proceed unhindered. Northwest Indiana Times, May 9, 2003.

People for the Ethical Treatment of Animals has brought its Holocaust-On-A-Plate campaign to Warsaw, Poland, where so many Jews were slaughtered by Nazi Germany. Needless to say, the campaign isn’t going over well with local Jewish leaders.

PETA is running an advertisement that the Associated Press describes thusly,

The television ads, showing the outside world as seen through the slates of a boxcar, with a voice describing the plight of being transported with no food and water . . .

Organizers say they hope to protest against the brutality of transporting live animals for slaughter by invoking the suffering of hundreds of thousands of Jews carried in inhumane conditions to death camps in Europe and chose Warsaw for their launch because so many Polish Jews perished in the Holocaust.

According to the Associated Press, PETA hopes that MTV Poland will run the ad in order to target the youth market.

The kicker to the entire story, however, was PETA’s Dan Mathews telling the Associated Press,

I know the ad is provocative. But for me, one of the lessons of the Holocaust is to recognize other atrocities.

Mathews forgot to mention the other lesson he learned from the Holocaust — his admiration for serial killers.

Source:

Animal rights ad evokes Holocaust. Associated Press, July 15, 2003.

Another one of these hilarious interviews with Rodney Coronado was posted at IndyMedia earlier this month. Coronado’s a lot like Ingrid Newkirk — the more he talks, the better it is for those of us opposed to animal rights.

Coronado expands on his rather unique and expansive view of rights,

My world view isn’t founded on philosophy or ideology. It’s based on one that sees all other living beings and aspects of nature, including plants, animals and rocks, as just as important as all others. My family raised me to believe that not only humans but all living beings and natural things deserve respect.

Every rock is sacred, and “just as important” as a human being. Despite Coronado’s claim, that is most certainly an ideological position and an extremely hideous one at that. I can’t wait for PETA to pick up on this, since they’re such big supporters of Coronado, and start a Holocaust-In-A-Quarry campaign.

Much of this view, by the way, expresses it in an odd religious view that the planet is literally talking to Coronado. Describing being on the run after being indicted for the arson of a Michigan State University laboratory, Coronado said,

? I decided I was sick of running, I would get rid of the gun I was carrying, and I would die. I heard all the plants and animals speaking to me through the wind and they said, “We are here for you, but we can only help you if you believe in us more than you believe in them.”

Similarly, Coronado believes that animals were seeking him out while he was in prison for that crime,

Even in prison, he said, “the spirits of the animals didn’t forget me.” He said he would see coyotes come to the prison fence and howl greetings to him when he was in the yard, and when he was working in the prison garden hummingbirds would fly towards him.

Instead of giving speeches, Coronado might want to seek professional help.

Coronado also has an odd philosophy related to the goal of ELF/ALF terrorist actions,

Last night in San Diego a bunch of townhouses were burned down, and reporters from two corporate TV stations just asked me, “What good does that do your movement?” I said, “If that hadn’t happened, you wouldn’t be here tonight.” People willing to risk their lives to protect the environment by destroying buildings built on the habitat of endangered species make people take notice.

So the ends justify the means if it results in a lot of media coverage. This is, of course, the Eric Rudolph school of media theory.

Coronado also has a Beavis and Butthead like worship of fire that borders on self-parody,

Fire is a very sacred power, one of the key elements of our planet. We use fire to cleanse ourselves, and when we address buildings and institutions that have no other purpose but to destroy life, fire is the only way to stop them. When people ask if someday someone might get hurt by one of our actions, I ask them why they don’t get so concerned about the people who are killing animals for a living. That is what the terrorism in this society is. Destroying property to protect life is the most sacred thing we can do.

Arson-as-sacred-duty. The wind and plants talking to him. Hummingbirds being drawn to him. Keep on talking, Rodney.

Source:

Rod Coronado Speaks in Hillcrest Aug. 1. Mark Gabrish Conlan, August 2, 2003.

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.

--- END ---

SENATE, No. 2603

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED MAY 29, 2003

Sponsored by:

Senator JOSEPH F. VITALE

District 19 (Middlesex)

Senator BOB SMITH

District 17 (Middlesex and Somerset)

Co-Sponsored by:

Senators Adler and Buono

SYNOPSIS

Expands membership and revises authority of Fish and Game Council.

CURRENT VERSION OF TEXT

Withdrawn.

An Act concerning the Fish and Game Council and amending
P.L.1948, c.488 and P.L.1999, c.282.

Be It Enacted by the Senate and General Assembly of the State
of New Jersey:

1. Section 26 of P.L.1948, c.448 (C.13:1B-24) is amended to read
as follows:

26. There shall be within the [Division of Fish, Game and
Wildlife] Department of Environmental Protection , a Fish and Game
Council which shall consist of [11] 19 members appointed and
qualified as follows:

a. the Commissioner of Environmental Protection, ex officio,
provided, however, that the commissioner may designate an officer or
employee of the department to represent the commissioner at
meetings of the council, and the designee may vote and otherwise act
on behalf of the commissioner. This designation shall be in writing,
delivered to the chairperson of the council, and shall continue in
effect during the period the commissioner is in office, or until revoked
or amended in writing by the commissioner and delivered to the
chairperson of the council;

b. the chairperson, ex officio, of the committee established
pursuant to section 7 of “The Endangered and Nongame Species
Conservation Act,” P.L.1973, c.309 (C.23:2A-7); and

c. seventeen members of the public , each of whom shall be chosen
with due regard to [his] the person’s knowledge of and interest in the
conservation of fish and game. Each public member of the council
shall be appointed by the Governor, with the advice and consent of the
Senate. Three of [such] the members shall be farmers, recommended
to the Governor for appointment to the council by the agricultural
convention held pursuant to [the provisions of article 2 of chapter 1
of Title 4 of the Revised Statutes] R.S.4:1-5 ; six of [such] the
members shall be sportsmen, recommended to the Governor for
appointment to the council by the New Jersey State Federation of
Sportsmen’s Clubs; [one of such members shall be the chairman of the
committee established pursuant to section 7 of the "Endangered and
Nongame Species Conservation Act" (P.L.1973, c.309; C.23:2A-7),
and] ; one of [such] the members shall be a person knowledgeable in
land use management and soil conservation practices ; and seven of
the members shall be individuals with experience in environmental
protection or other fields relevant to animal welfare and with a
background in the conservation of fish and game. One of [such] the
farmer representatives and two of [such] the sportsmen
representatives [in] on the council shall be chosen from among
residents of any of the following counties–Bergen, Essex, Hudson,
Morris, Passaic, Sussex and Warren; one of [such] the farmer
representatives and two of [such] the sportsmen representatives [in]
on the council shall be chosen from among residents of any of the
following counties–Hunterdon, Mercer, Middlesex, Monmouth,
Ocean, Somerset and Union; and one of [such] the farmer
representatives and two of [such] the sportsmen representatives shall
be chosen from among residents of any of the following
counties–Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester and Salem.

Each public member of the council shall be appointed for a term of
[4] four years and shall serve at the pleasure of the Governor until
[his] a successor has been appointed and has qualified.

(cf: P.L.1979, c.199, s.72)

2. Section 28 of P.L.1948, c.448 (C.13:1B-26) is amended to read
as follows:

28. [Each] The Governor shall designate one of the public
members of the council as [chairman] chairperson of [such] the
council. Any member of the council so designated shall serve as
[such chairman] the chairperson at the pleasure of the Governor
[designating him] and until [his] a successor has been designated.
The [chairman] chairperson of the council shall be its presiding
officer.

Any vacancies in the membership of [said] the council occurring
other than by expiration of term shall be filled in the same manner as
the original appointment but for the unexpired term only. [Any
member of the council may be removed from office by the Governor,
for cause, upon notice and opportunity to be heard.]

The members of the council shall serve without compensation but
shall be reimbursed for necessary expenses incurred in the
performance of their duties.

No person who has been appointed a member of the council for two
successive terms, including an unexpired term, shall again be eligible
for that office for four years next following the expiration of [his] the
second successive term.

(cf: P.L.1948, c.448, s.28)

3. Section 29 of P.L.1948, c.448 (C.13:1B-27) is amended to read
as follows:

29. The Division of Fish and [Game] Wildlife shall be under the
immediate supervision of a director, who shall be a person with
special training and experience in [wild life] wildlife management
and otherwise qualified to direct the work of [such] the division. The
director of [such] the division shall be appointed by the [Fish and
Game Council, subject to the approval of the Governor,]
Commissioner of Environmental Protection and shall [, unless sooner
removed by the Governor as hereinafter provided,] serve at the
pleasure of [such council] the commissioner and until the director’s
successor is appointed [and has qualified] . [He] The director shall
receive such salary as [shall be] provided by law.

The director shall administer the work of [such] the division under
the direction and supervision of the commissioner.

(cf: P.L.1948, c.448, s.29)

4. Section 30 of P.L.1948, c.448 (C.13:1B-28) is amended to read
as follows:

30. In addition to its powers and duties otherwise hereinafter
provided, the Fish and Game Council shall, subject to the approval of
the commissioner, formulate comprehensive policies for the
protection and propagation of fish, birds, and game animals and for
the propagation and distribution of food fish and for the keeping up
of the supply thereof in the waters of the State.

The council shall also:

a. [Consult] consult with and advise the commissioner and
director of the Division of Fish and [Game] Wildlife with respect to
the work of [such] the division [.];

b. [Study] study the activities of the Division of Fish and [Game]
Wildlife and hold hearings with respect thereto as it may deem
necessary or desirable [.]; and

c. [Report] report to the Governor and the Legislature annually,
and at such other times as it may deem in the public interest, with
respect to its findings and conclusions.

(cf: P.L.1948, c.448, s.30)

5. Section 31 of P.L.1948, c.448 (C.13:1B-29) is amended to read
as follows:

31. As used in this article, unless otherwise specifically indicated:

“Division” means the Division of Fish and [Game] Wildlife in the
Department of [Conservation and Economic Development.]
Environmental Protection;

“Council” means the Fish and Game Council in the [Division of
Fish and Game of the] Department of [Conservation and Economic
Development.] Environmental Protection and established pursuant to
section 26 of P.L.1948, c.448 (C.13:1B-24); and

“Code” means the State Fish and Game Code established pursuant
to section 32 of P.L.1948, c.448 (C.13:1B-30) .

(cf: P.L.1948, c.448, s.31)

6. Section 32 of P.L.1948, c.448 (C.13:1B-30) is amended to read
as follows:

32. For the purpose of providing an adequate and flexible system
of protection, propagation, increase, control and conservation of
[fresh water] freshwater fish, game birds, game animals, and
fur-bearing animals in this State, [and for their use and development
for public recreation and food supply,] the council, subject to the
approval of the Commissioner of Environmental Protection, is hereby
authorized and empowered to determine under what circumstances,
when and in what localities, by what means and in what amounts and
numbers such [fresh water] freshwater fish, game birds, game
animals, and fur-bearing animals, or any of them, may be pursued,
taken, killed, or had in possession so as to maintain an adequate and
proper supply thereof, and may, subject to the approval of the
Commissioner of Environmental Protection, after first having
determined the need for such action on the basis of scientific
investigation and research, adopt and from time to time amend and
repeal such appropriate and reasonable regulations concerning the
same, or any of them, penalties for the violation of which are
prescribed by certain of the sections of Title 23 of the Revised
Statutes amended herein, as it deems necessary to preserve, properly
utilize or maintain the best relative number of any species or variety
thereof, at the times, in the manner and to the extent hereinafter
provided. The regulations so established shall be called the State Fish
and Game Code.

(cf: P.L.1948, c.448, s.32)

7. Section 33 of P.L.1948, c.448 (C.13:1B-31) is amended to read
as follows:

33. Any regulation of the council or amendment thereto, as
approved by the Commissioner of Environmental Protection, adopted
pursuant to the provisions of this article which relates to [fresh water]
freshwater fish, or any species or variety thereof, after the council has
first determined the need for such action on the basis of scientific
investigation and research, may apply to all or any portion of the
State, [at the discretion of the council,] and may do any or all of the
following as to any or all species or varieties of [fresh water]
freshwater fish:

a. [Establish] establish , extend, shorten or abolish open seasons
and closed seasons [.] ;

b. [Establish] establish , change or abolish bag limits, possession
limits and size limits [.] ;

c. [Establish] establish and change territorial limits for the pursuit,
taking, or killing of any or all species or varieties [.] ; and

d. [Prescribe] prescribe the manner and the means of pursuing,
taking, or killing any species or variety.

(cf: P.L.1948, c.448, s.33)

8. Section 34 of P.L.1948, c.448 (C.13:1B-32) is amended to read
as follows:

34. Any regulation of the council or amendment thereto, as
approved by the Commissioner of Environmental Protection, adopted
pursuant to the provisions of this article which relates to game birds,
game animals or fur-bearing animals, after the council has first
determined the need for such action on the basis of scientific
investigation and research, may apply to all or any part of the State,
[at the discretion of the council,] and may do any or all of the
following as to any or all species or varieties of game birds, game
animals, and fur-bearing animals:

a. [Establish] establish , extend, shorten or abolish open seasons
and closed seasons [.] ;

b. [Establish] establish , change or abolish bag limits and
possession limits [.] ;

c. [Establish] establish and change territorial limits for the pursuit,
taking, or killing of any or all species or varieties [.] ;

d. [Prescribe] prescribe the manner and the means of pursuing,
taking, or killing any species or variety [.] ; and

e. [Establish] establish , change or abolish restrictions based upon
sex, maturity, or other physical distinction.

(cf: P.L.1948, c.448, s.34)

9. Section 35 of P.L.1948, c.448 (C.13:1B-33) is amended to read
as follows:

35. Prior to final adoption by the council and approval by the
Commissioner of Environmental Protection of any regulation
authorized to be established pursuant to the provisions of this article,
or any amendment thereto or repealer thereof, the council shall hold
a public hearing thereon. Notice of [such] the hearing shall be filed
with the [Secretary of State] Office of Administrative Law at least
[twenty] 20 days prior to the hearing, and shall be published in the
New Jersey Register [if such Register be then required to be
published by the Secretary of State] , and in [such] any other manner
as the council shall determine, not less than [fifteen] 15 days prior to
the hearing. [Such] The notice shall specify the time when and the
place where [such] the hearing will be held, together with the text of
the proposed regulation, amendment or repealer.

(cf: P.L.1948, c.448, s.35)

10. Section 36 of P.L.1948, c.448 (C.13:1B-34) is amended to read
as follows:

36. If after [such] the hearing required pursuant to section 35 of
P.L.1948, c.448 (C.13:1B-33) the council is satisfied that the
proposed regulation, amendment or repealer, or any part of such
regulation, amendment or repealer, is advisable, it may , subject to the
approval of the Commissioner of Environmental Protection, adopt the
[same] regulation, amendment or repealer , and if so, it shall state the
date on which it takes effect and the council shall cause a true copy of
the [same] regulation, amendment or repealer to be filed with the
[Secretary of State] Office of Administrative Law.

Every regulation, amendment or repealer adopted by the council
and approved by the Commissioner of Environmental Protection
pursuant to the provisions of this article shall become effective at the
time specified therein but not sooner than [5] five days after its
publication in the New Jersey Register [following such filing, if such
register be then required to be published by the Secretary of State; or
if such register is not then required to be published by the Secretary
of State, then not sooner than 10 days after such filing].

The council may publish and distribute summaries of [such] its
regulations, amendments, and repealers in [such] any manner as it
may from time to time determine.

Copies of the State Fish and Game Code, and its amendments, duly
certified by the [chairman] chairperson of the council shall be
received in evidence in all court or other judicial proceedings in the
State.

If the Governor [shall find] determines that an emergency exists
by reason of unusual snow, flood or other natural disaster, the council
may, subject to the approval of the Commissioner of Environmental
Protection, amend any regulation establishing open and closed
seasons, to extend, shorten or abolish [such] any season, without
public hearings, and [such] the amendment may become effective
immediately.

Notwithstanding the provisions of this section to the contrary, the
Commissioner of Environmental Protection may suspend any season
at any time, without public hearings, if the commissioner determines
that it is necessary to do so to protect the species, public safety or the
public interest.

(cf: P.L.1960, c.149, s.1)

11. Section 37 of P.L.1948, c.448 (C.13:1B-35) is amended to read
as follows:

37. Any regulation, or amendment thereto, or repealer thereof
adopted by the council and approved by the Commissioner of
Environmental Protection pursuant to the provisions of this article
shall be subject to review on certiorari, or action or proceeding in lieu
thereof, to any court of competent jurisdiction.

(cf: P.L.1948, c.448, s.37)

12. Section 2 of P.L.1999, c.282 (C.23:2B-15.1) is amended to
read as follows:

2. a. The Division of Fish, Game and Wildlife is continued and
constituted as the Division of Fish and Wildlife in the Department of
Environmental Protection. All the functions, powers, and duties of
the existing Division of Fish, Game and Wildlife and the director
thereof are continued in the Division of Fish and Wildlife and the
director thereof, and whenever the term “Division of Fish, Game and
Wildlife” occurs or any reference is made thereto in any law, contract,
or document, it shall be deemed or mean to refer to the Division of
Fish and Wildlife.

b. The Fish and Game Council, together with all its functions,
powers and duties, is continued as the Fish and Game Council in the
[Division of Fish and Wildlife in the] Department of Environmental
Protection.

(cf: P.L.1999, c.282, s.2)

13. This act shall take effect January 1 next following the date of
enactment, but the Governor, the Senate, the Department of
Environmental Protection, the Division of Fish and Wildlife, and the
Fish and Game Council may take such action in advance thereof as
shall be necessary for the implementation of this act.

STATEMENT

This bill would expand the membership of the Fish and Game
Council from 11 members to 19 members by adding the
Commissioner of Environmental Protection, or a designated
representative, ex officio, and seven members of the public appointed
by the Governor with the advice and consent of the Senate. The seven
new members would be members of the public with experience in
environmental protection or other fields relevant to animal welfare
and with a background in the conservation of fish and game. The bill
would provide that the public members of the council serve at the
pleasure of the Governor. Current law provides that members of the
council may be removed by the Governor, for cause, upon notice and
the opportunity to be heard. The bill also amends current law to place
the Fish and Game Council within the Department of Environmental
Protection generally, rather than specifically within the Department’s
Division of Fish and Wildlife.

The bill would amend current law to provide that the
Commissioner of Environmental Protection shall select the Director
of the Division of Fish and Wildlife, and the director shall serve at the
pleasure of the commissioner. Under current law, the Director of the
Division of Fish and Wildlife is selected by the Fish and Game
Council, subject to the approval of the Governor and serves at the
pleasure of the council.

The bill would also amend current law to make all regulatory and
policy decisions of the Fish and Game Council subject to the approval
of the Commissioner of Environmental Protection.

Lastly, the bill makes various technical amendments to the
statutory text to update references to the Department of
Environmental Protection and the Division of Fish and Wildlife, and
to update statutory references.

Back in April, National Geographic ran an interview with former Earth Liberation Front spokesperson Leslie James Pickering that featured some interesting exchanges with National Geographic’s Tom Foreman.

Foreman does a nice job of bringing out what the Earth Liberation Front is ultimately opposed to,

Pickering: . . . We’re not gonna stop at what the system tells us to stop at, because it’s the system that’s causing the problems that we’re fighting against.

Foreman: What is the system?

Pickering: The system is the status quo, you know, the American lifestyle . . .

Foreman: . . . everything that’s not you?

Pickering: (laughs) The establishment is the American dream, this capitalist society that we’re living in, this imperialist society that we’re living in, the way of life that we’re taught to appreciate and aspire to. We (ELF) don’t value property, and profits and economic gain over health or over the natural environment or over the natural world.

Foreman also catches Pickering in an obviously hypocritical position,

Foreman: So as a tactic, this idea of burning buildings is a great idea?

Pickering: Oh, it’s excellent.

Foreman: Does it ever occur to you that you’re at an age in your life when many people wouldn’t trust you to manage the Wal-Mart — let alone decide the fate of the world? Do you ever say to yourself, “Maybe 15 years from now I’m gonna see this differently?”

Pickering: Of course, of course, and that’s just it, I’m not deciding the fate of the world at all.

Foreman: But you’re deciding the fate of people when you burn their places down?

Pickering: What I’m saying is that I am not letting you or anyone you represent decide the fate of my world.

At this point, Foreman should have asked Pickering if the latter believe that anyone with strong-felt political positions has the right to go out and burn down the homes of their opponents. Unfortunately, the interview ends there.

Source:

Q&A: Extreme Environmentalist on “Radical Change”. Tom Foreman, National Geographic, April 22, 2003.

Back on May 17, the New Zealand News reported on the arrest of three animal rights activists at a New Zealand fur store. The activists were with Auckland Animal Action, and chained themselves to the front of the store.

It took nine policeman and four firefighters to remove the three female protesters. According to the New Zealand News,

Five shoppers were trapped inside for about an hour. They included a 71-year-old woman who said she had a “rotten heart condition.” She said: “It was scary . . . We got an awful fright.”

The activists targeted Hartley’s fashion store because of a small number of garments featuring rabbit fur collars. The activists claimed that the rabbits were killed in a cruel manner.

Source:

Animal rights activists arrested in Auckland. Philip English, The New Zealand Herald, May 17, 2003.

In June, Norway’s Socialist Party failed in its efforts to push a ban on fur farming through that country’s parliament.

The proposal went down in flames with only 10 percent of MPs voting in favor of the ban. This is not surprising since a poll conducted by Norwegian polling company Sentia-Norsk Statistikk found that Norwegians supported fur farming by more than a 2-1 margin.

The poll found similar results among rural and urban areas, but found a decided gap in age that could spell long-term problems for the industry in Norway. Among people 30 and under, 53 percent supported a ban on fur farming.

Sources:

Vast majority supports fur industry. Aftenposten, May 5, 2003.

Norwegian Fur Farmers’ Future Assured. Press Release, Fur Commission USA, June 6, 2003.

The BBC reports that Indian researchers have created computer modeling software to allow researchers there pre-screen potential drug compounds before moving to animal tests with the compounds.

Such systems are routinely used in the United States, but such software tends to be expensive and out of reach of the developing world.

Developed by Delhi’s Invenio Biosolutions, the Drug Discovery Assistant is currently being used by India’s Central Drug Research Institute. According to the BBC, the program will help reduce the number of trials involving animals from 20-30 to 2-3 in the initial evaluation of a compound.

The upshot of this — and the reason such systems are used widely in the developed world — is this will cut in half the drug development time (which, according to the BBC, is currently around 20-25 years in India).

Source:

Indian software replaces lab animals. Ram Dutt Tripathi, The BBC, June 6, 2003.