BILL REQ. #:  S-0670.1 

Read first time 01/25/13.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to enhancing wolf management efforts through the promotion of cooperative agreements; amending RCW 77.36.110, 77.12.037, and 77.12.210; adding a new section to chapter 77.36 RCW; and adding a new section to chapter 79.13 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.36 RCW to read as follows:
     (1) The department shall develop and maintain a process to offer, negotiate, and enter into cooperative agreements with livestock owners to prevent or minimize damage to livestock caused by wolves.
     (2) Cooperative agreements must include, at minimum:
     (a) Nonlethal management efforts that, at the livestock owner's discretion, must be taken by the owner or for which the department may access property that the owner owns or has the legal right to access for livestock management purposes. These may include:
     (i) Sanitation-related actions, such as carcass removal;
     (ii) The use of fencing or repellants such as flandry, wire, or electric fencing;
     (iii) Hazing-related activities, such as human presence or guard dogs; and
     (iv) Operational-related activities, such as protecting calving areas or avoiding areas of high wolf activity;
     (b) Provisions for livestock owners to share wolf-related information with the department. This may include information regarding management activities taken by the livestock owner under (a) of this subsection as well as information regarding wolf activities and livestock behavior; and
     (c) Provisions for the department to provide information or assistance to implement actions under (a) of this subsection. This may include technical assistance, information regarding wolf activities in the area, or, subject to the availability of amounts appropriated for this specific purpose or other nonmonetary resources, cost-sharing measures to assist the livestock owner's implementation of activities under (a) of this subsection.

Sec. 2   RCW 77.36.110 and 2009 c 333 s 56 are each amended to read as follows:
     (1) No owner may receive compensation for wildlife interactions under this chapter unless the owner has, as determined by the department, first:
     (a) Utilized applicable legal and practicable self-help preventive measures available to prevent the damage, including the use of nonlethal methods and department-provided materials and services when available under RCW 77.36.100; ((and))
     (b) Exhausted all available compensation options available from nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions; and
     (c) For owners of commercial livestock seeking compensation for damage to commercial livestock caused by wolves, have a cooperative agreement with the department under section 1 of this act in effect at the time the damage occurred.
     (2) In determining if the requirements of this section have been satisfied, the department may recognize and consider the following:
     (a) Property losses may occur without future or anticipated knowledge of potential problems resulting in an owner being unable to take preemptive measures.
     (b) Normal agricultural practices, animal husbandry practices, recognized standard management techniques, and other industry-recognized management practices may represent adequate preventative efforts.
     (c) Under certain circumstances, as determined by the department, wildlife may not logistically or practicably be managed by nonlethal efforts.
     (d) Not all available legal preventative efforts are cost-effective for the owner to practicably employ.
     (e) There are certain effective preventative control options not available due to federal or state restrictions.
     (f) Under certain circumstances, as determined by the department, permitting public hunting may not be a practicable self-help method due to the size and nature of the property, the property's setting, or the ability of the landowner to accommodate public access.
     (3) An owner is not eligible to receive compensation if the damages are covered by insurance.
     (4) The commission shall adopt rules implementing this section, including requirements that owners document nonlethal preventive efforts undertaken and all permits issued by the department under RCW 77.12.240 and 77.12.150.

Sec. 3   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way.
     (2)(a) The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.
     (b) The commission may only enter into a lease, renew a lease, or otherwise permit the use of department-managed real property within the estimated range of a confirmed wolf pack for grazing or other commercial livestock purposes where the livestock owner: (i) Has a cooperative agreement with the department under section 1 of this act covering that property in effect at the time of the transaction; and (ii) as a condition of the lease or other authorization, agrees to maintain such a cooperative agreement.

Sec. 4   RCW 77.12.210 and 2009 c 333 s 33 are each amended to read as follows:
     (1) The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.
     (2)(a) The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights-of-way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife account created in RCW 77.12.170((: PROVIDED, That)). The commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     (b) The director may only enter into a lease, renew a lease, or otherwise permit the use of department-managed real property within the estimated range of a confirmed wolf pack for grazing or other commercial livestock purposes where the livestock owner: (i) Has a cooperative agreement with the department under section 1 of this act covering that property in effect at the time of the transaction; and (ii) as a condition of the lease or other authorization, agrees to maintain such a cooperative agreement.
     (3)(a) If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.
     (b) If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     (c) Proceeds from the sales shall be deposited in the state wildlife account created in RCW 77.12.170.

NEW SECTION.  Sec. 5   A new section is added to chapter 79.13 RCW under the subheading "part 3 agricultural/grazing leases" to read as follows:
     The department may only enter into a lease, renew a lease, or otherwise permit the use of department-managed real property within the estimated range of a confirmed wolf pack, as determined by the department of fish and wildlife, for grazing or other commercial livestock purposes where the livestock owner: (1) Has a cooperative agreement with the department under section 1 of this act covering that property in effect at the time of the transaction; and (2) as a condition of the lease or other authorization, agrees to maintain such a cooperative agreement.