H-4442              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1538

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Allen, Todd, Brough, Jacobsen, Cole, Wang and Isaacson)

Read first time 2/7/86 and passed to Committee on Rules.

AN ACT Relating to endangered species; and adding a new chapter to Title 79 RCW.

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

NEW SECTION. Sec. 1.     The legislature finds and declares that it is the policy of this state to protect species of plants for scientific purposes and to ensure their perpetuation as viable components of their ecosystems for the benefit of the people of Washington state.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Department" means the department of natural resources.

          (2) "Endangered species" means any species of plant, native to the state of Washington, that is in danger of extinction throughout all or a significant portion of its range within the state, or any species determined to be an endangered species under the endangered species act.

          (3) "Endangered species act," means the federal endangered species act of 1973, Public Law 93-205 (87 Stat. 884), as amended.

          (4) "Plant" means any member of the plant kingdom, including algae, fungi, bryophytes and vascular plants, as well as seeds, roots, and other parts thereof.

          (5) "Species" includes any species, subspecies, or variety of plant.

          (6) "Threatened species" means any species of plant, native to the state of Washington, that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the state, or any species of plant determined to be a threatened species under the federal endangered species act.

NEW SECTION. Sec. 3.     (1) In addition to those plant species determined to be endangered or threatened under the federal endangered species act, the department shall by rule, in accordance with the administrative procedure act, chapter 34.04 RCW, determine whether any species of plant within the state is an endangered or threatened species  as a result of any one of the following factors:

          (a) The present or threatened destruction, modification, or curtailment of its habitat or range;

          (b) Overuse for commercial, recreational, scientific, educational, or private purposes;

          (c) Disease, predation, or vandalism;

          (d) The inadequacy of existing regulatory mechanisms affecting its continued existence within the state; or

          (e) Other natural or human caused factors affecting its continued existence within the state.

          (2) The department shall make determinations required by this section solely on the basis of the best scientific information available and after consultation, as appropriate, with federal agencies, other interested state agencies having a common interest in the species, and interested persons and organizations.  In determining whether any species is endangered or threatened, the department shall take into consideration any actions being carried out or about to be carried out by the federal government, other state agencies, or political subdivisions of this state, or by any other person that may affect the species under consideration.

NEW SECTION. Sec. 4.     (1) The department shall conduct, support, or encourage investigations of all species indigenous to this state wherever they occur in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data, and to determine conservation measures and requirements necessary for their survival.

          (2) The department may, at its discretion, withhold from any person information about the distribution, location, and biology of a species if it determines that disclosures of such information would threaten the survival of that or another species in any way.

NEW SECTION. Sec. 5.     This chapter shall be known and may be cited as the plant protection act of 1986.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 79 RCW.