5281-S

S-1715.4 _______________________________________________

SUBSTITUTE SENATE BILL 5281

_______________________________________________

State of Washington 53rd Legislature 1993 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senators Hargrove, Oke, Sutherland, Owen, Jesernig, Anderson, von Reichbauer and Barr)

Read first time 03/01/93.

AN ACT Relating to fish and wildlife enhancement; adding a new section to chapter 75.08 RCW; adding a new section to chapter 77.12 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In an effort to increase the amount of habitat available for fish and wildlife it is desirable for the departments of fisheries and wildlife to work closely with private landowners. In some instances landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date.

NEW SECTION. Sec. 2. A new section is added to chapter 75.08 RCW to read as follows:

The department of fisheries shall initiate a habitat incentives program through which a private owner of forest lands may enter into an agreement with the director of fisheries to enhance habitat for food fish on the landowner's property. Based on the agreement, the department may, with the concurrence of the department of natural resources, the department of wildlife, the forest practices board, affected local governments, and affected federally recognized Indian tribes, stipulate the conditions that will be considered when evaluating a future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or a forest practices permit applied for under RCW 76.09.060. The department of fisheries is not obligated to enter into an agreement it does not believe is in the best interests of protecting fish life or fish habitat. After an agreement is made, future decisions pertaining to the issuance, denial, or conditioning of a hydraulic permit or a forest practices permit shall be based on the conditions present on the landowner's property at the time of the agreement, unless jointly agreed upon by all parties. If at any time during the course of the agreement any conditions of the property are currently or will become subject to federal laws or regulations, the remaining conditions shall continue to remain binding on the parties.

The agreement is binding on and may be used by only the landowner who entered into the agreement with the department of fisheries. The agreement shall not be appurtenant to the land.

An agreement shall be in writing and shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.

NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

The department of wildlife shall initiate a habitat incentives program through which a private owner of forest lands may enter into an agreement with the director of wildlife to enhance habitat for wildlife on the landowner's property. Based on the agreement, the department may, with the concurrence of the department of natural resources, the department of fisheries, the forest practices board, affected local governments, and affected federally recognized Indian tribes, stipulate the conditions that will be considered when evaluating a future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or a forest practices permit applied for under RCW 76.09.060. The department of wildlife is not obligated to enter into an agreement it does not believe is in the best interests of protecting wildlife or wildlife habitat. After an agreement is made, future decisions pertaining to the issuance, denial, or conditioning of a hydraulics permit or a forest practices permit shall be based on the conditions present on the landowner's property at the time of the agreement, unless jointly agreed upon by all parties. If at any time during the course of the agreement any conditions of the property are currently or will become subject to federal laws or regulations, the remaining conditions shall continue to remain binding on the parties.

The agreement is binding on and may be used by only the landowner who entered into the agreement with the department of wildlife. The agreement shall not be appurtenant to the land.