HOUSE BILL REPORT

HB 1451

BYRepresentatives Rust, Sanders, Valle, Miller, Unsoeld, Brekke, Sprenkle, Jacobsen, Wang and Lux

Adopting the endangered species conservation act.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, Lux, May, Pruitt, Schoon, Sprenkle, Unsoeld and Walker.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Ferguson and D. Sommers.

House Staff:Bonnie Austin (786-7107)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  The substitute bill by Committee on Environmental Affairs do pass as amended by committee on Ways & Means/Appropriations.  (13)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brekke, Bristow, Ebersole, Grimm, Hine, Holland, H. Sommers, Spanel, Sprenkle and Wang.

Minority Report:  Do not pass.  (6)

      Signed by Representatives Butterfield, Grant, McLean, Nealey, Silver and B. Williams.

House Staff:      Randy Acker (786-7153)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

FEBRUARY 7, 1988

BACKGROUND:

In 1984 the Legislature created the Joint Select Committee on Threatened and Endangered Species. The committee was directed to study the promulgation of a threatened and endangered species list, the protection of the habitat of such species,  compensation and incentives to private property owners to protect such species and their habitats, and appropriate enforcement provisions.

Current state law prohibits the possession or sale of endangered wildlife species. Violations of these prohibitions are a gross misdemeanor, and subsequent violations are a class C felony.  The State Wildlife Commission (Commission) is responsible for determining which wildlife species are endangered.  Endangered is defined as those animal species seriously threatened with extinction.  The Commission also designates protected wildlife species that should not be hunted or fished.

There are no mandatory provisions in state law for the protection of rare plants.  The Department of Natural Resources (Department) has the authority to acquire land for the protection of rare plants if the landowner is willing to sell or donate the property.  DNR's natural heritage program also administers a registry program under which landowners may voluntarily register their property to enhance the protection of rare plants.

Current state law on the protection of the habitats of endangered and threatened species is limited.  In 1984 the Legislature directed the Department of Wildlife to regulate habitat buffer zones for bald eagles.  Wildlife is authorized to acquire a variety of real property interests to enhance the protection of bald eagle habitat.

SUMMARY:

SUBSTITUTE BILL:  It is the state's policy to preserve, protect, and enhance endangered, threatened, and sensitive species; to prohibit the taking, sale, or transportation of endangered or threatened species; to protect the habitat of endangered and threatened species; and to encourage alternative dispute resolution methods.

The State Wildlife Commission shall determine, by rule, whether any animal species is endangered, threatened, or sensitive.  The Department of Natural Resources shall determine, by rule, whether any plant species is endangered, threatened, or sensitive.  These determinations shall be made solely on the basis of the best scientific evidence available and after consultation with the appropriate federal and state agencies and interested persons and organizations.  The factors to be evaluated in making this determination include:  the present or threatened destruction of habitat, overuse, disease, predation, vandalism, the inadequacy of existing regulatory mechanisms and other factors affecting the continued existence of the species within the state.  The Commission and Department shall conduct investigations of species to develop a data base relating to such information as population, habitat needs, and recovery points.  The Commission or Department may withhold information if it determines that disclosure may threaten the survival of a species.

By January 1, 1990, the Commission and Department shall issue rules containing an initial list of endangered, threatened, and sensitive species.  The Commission and Department shall review the listed species every five years and shall periodically revise and amend the list.  Any person may petition to change the status of a listed species, except those listed under the federal act. The Commission and Department may add a species to the list by emergency rule.

The Commission and Department shall protect sensitive species by: 1) Monitoring such species to develop a data base; 2) Establishing voluntary protection programs; and 3) Conducting educational programs.

The Commission and Department may treat "look-alike" species as endangered or threatened species if it finds that: 1) the unlisted species so closely resembles a listed species that enforcement personnel would have a substantial difficulty differentiating between them; and 2)  allowing the taking of the unlisted species could lead to commercial exploitation of the listed species.

The Commission and Department is authorized to protect threatened or endangered species by acquiring land and aquatic habitat.  Rules shall be established to implement this acquisition program and shall provide incentives for habitat protection.

All state agencies, counties, cities, and public corporations shall consult with the Commission or Department to determine whether any action they authorize, fund, or carry out on private land may affect a known location of a listed species.  If the Commission or Department determines that the proposed action is likely to jeopardize the survival or recovery of a listed species, the state agency or local government shall develop reasonable and prudent alternatives to the proposed action that can be implemented without unreasonable economic burden to the landowner.  The landowner is not required to implement the alternative.

All state agencies, counties, cities, and public corporations shall consult with the Commission or Department to determine whether any action they authorize, fund, or carry out on public land may affect a known location of a listed species.  If the Commission or Department determines that the proposed action is likely to jeopardize the survival or recovery of a listed species, the state agency or local government must develop reasonable and prudent alternatives to the proposed action.  Procedures are detailed for failure to develop alternatives.  Rules must be issued to establish appeals processes.

It is unlawful for any person to take, process, ship, sell, or offer for sale any endangered or threatened species.  Exceptions are made for takings that occur pursuant to: (1) Scientific permits; (2) Approved waivers; (3) Federal exemptions or permits; or (4) Permits from other states. Exceptions are also granted for takings that occur incidental to: (1) Implementation of an authorized land use permit; (2) Possession or sale of real property; (3) Production or harvest of a merchantable agricultural crop; or (4) Grazing by domestic livestock.

Violations of this chapter are a gross misdemeanor and subsequent violations are a class C felony.  This chapter may be enforced by state and local law enforcement agencies.  Citizen suits are authorized.

An endangered species stamp is authorized to provide funds for the acquisition of the habitat of endangered and threatened species and for the protection of endangered, threatened, and sensitive species. An endangered species art committee is established with nine members to select, sell, and distribute the stamp and associated prints. The committee shall have an annual audit of its finances which shall be reported to the Legislature.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Language is added clarifying that agencies and local governments must come up with alternatives to actions on private lands within the time required by other environmental reviews. If the agency or local government does not have the staff to develop such alternatives, the commission or department shall provide a management plan. Prior to adopting rules to implement the consultation process for actions on private lands, a task force of affected groups shall be established to consider ways to coordinate state and local actions, fiscal impacts, and voluntary protection measures. Citizen suit provisions are deleted.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS:  The appropriations are deleted and a July 1, 1989 effective date is added.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

Effective Date:The bill takes effect on July 1, 1989.

House Committee ‑ Testified For:    (Environmental Affairs)  Department of Wildlife; Washington Environmental Council; Sierra Club;  Audubon Society; Washington Native Plant Society.

)Ways & Means/Appropriations)  Jane Gilbertson, Native Plant Society; Pam Crocker-Davis, Audubon Society; Craig Partridge, Department of Natural Resources; and Tom Jewelson, Department of Wildlife.

House Committee - Testified Against:      (Environmental Affairs)  Department of Natural Resources; Northwest Forestry Association.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Environmental Affairs)  Protection of rare species is necessary to preserve the diversity of life.  Diversity is needed to protect rare gene pools that may prove medically or scientifically valuable.  There is currently no mandatory protection for the habitats of endangered and threatened species of plants and animals.  There is no mandatory protection for rare plants, and the only protection for animals is for endangered animals.

(Ways & Means Appropriations)  The majority of plants that are threatened or endangered are not solely on private land.  By focusing on public land many plants needing protection can be protected.  Much of the protection that needs to be done can be easily implemented.  Protection of habitat is necessary for both wildlife and plants that are endangered or threatened.

House Committee - Testimony Against:      (Environmental Affairs)  Consultation procedures for public lands should not be different from the procedures for private lands.  Citizen suits should not be allowed.  The power of eminent domain should be included.  This program cannot be implemented without an appropriation.

(Ways & Means Appropriations)  None Presented.