Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Agriculture & Natural Resources Committee

HB 1040


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning specialized forest products.

Sponsors: Representative B. Sullivan.

Brief Summary of Bill
  • Requires a person to obtain a specialized forest product permit prior to harvesting, possessing, or transporting more than three gallons of huckleberries.
  • Prohibits the use of a rake, mechanical device, or other harvesting method that damages a huckleberry bush.
  • Requires any huckleberries seized by law enforcement on the ceded land of a recognized Indian tribe to be turned over to that tribe for ceremonial, educational, or religious uses.

Hearing Date: 2/13/07

Staff: Jason Callahan (786-7117).

Background:

A specialized forest product (SFP) is, generally, an item found in the forest with a value other than that found with traditional timber. The term SFP is defined to include native shrubs, cedar products, cedar salvage, processed cedar products, specialty wood, edible mushrooms, and certain barks.

A SFP permit, or a true copy of the permit, is required in order to possess or transport the following:

The SFP permit must be obtained prior to harvesting or collecting the products, even from one's own land, and is available only from county sheriffs, on forms provided by the Department of Natural Resources. The permit must be validated by a sheriff.

Violations of the law on SFPs are punishable as a gross misdemeanor, and a convicted individual may face a fine up to $1000 and/or up to one year in a county jail. In addition, a law enforcement officer with probable cause may seize and take possession of any SFPs found.

Summary of Bill:

A SFP permit is required to harvest, possess, or transport more than three gallons of huckleberries. In addition, it is unlawful to use a rake, mechanical device, or other harvesting method that damages a huckleberry bush. A violation of these requirements is a violation of the SFP permit law.

Any huckleberries seized by law enforcement for the suspected violation of the SFP requirements on the ceded land of a recognized Indian tribe must be turned over to that tribe for ceremonial, educational, or religious uses.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.