S-338                 _______________________________________________

                                                   SENATE BILL NO. 5137

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State of Washington                              50th Legislature                              1987 Regular Session

By Senators Owen and Gaspard

Read first time 1/16/87 and referred to Committee on Natural Resources.

AN ACT Relating to mushrooms; adding a new section to chapter 79.01 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 79.01 RCW to read as follows:

          (1) It is unlawful to harvest mushrooms or like fungi on state lands for commercial purposes without a permit issued under this section.  The commissioner of public lands is authorized to issue permits to any person, firm, or corporation.  The permit shall specify the site and quantity of the harvest and shall be issued for not less than fair market value of the harvestable mushrooms or fungi.  The permit is valid for one year.

          (2) The commissioner of public lands may in his or her discretion deny or condition such permits if it is determined that the ecological effect of mushroom harvesting may be detrimental to the long-term stability of the mushroom population or that the mycorrhizal relationship existing between mushrooms and trees may be affected so as to cause a decline in long-term forest land productivity.

          (3) Mushrooms may be harvested from state lands for personal consumption without a permit.

          (4) It is unlawful to sell, offer to sell, buy, or offer to buy mushrooms that were harvested in violation of this section.

          (5) A violation of this section is a misdemeanor.

NEW SECTION. Sec. 2.     The department of natural resources shall conduct a scientific study of the ecological effects of mushroom harvesting on the long-term productivity of the state's forest resources.  The results of the study shall be made public and shall be presented to the committees on natural resources of the senate and house of representatives by September 1, 1988.