H-3499

AN ACT Relating to fish and wildlife habitat protection on grazing and agricultural lands; amending RCW 28B.30.150; adding a new section to chapter 79.01 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 28B.30 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that fish and wildlife resources are affected by changes in habitat. The northern spotted owl has been listed as threatened due to habitat decline, and more recently, certain wild stocks of salmonids have warranted listing under the endangered species act. One cause of salmonid decline is habitat loss due to agricultural and grazing practices. Unlike forest practices, agricultural and grazing practices have not been subject to regulation for the purposes of protection of fish and wildlife. The department of natural resources and the department of wildlife manage and lease large acreages of public lands for agriculture and grazing purposes. It is the intent of the legislature that state agencies conduct agricultural and grazing practices that do not prevent the departments of fisheries and wildlife from meeting their mandate to preserve, protect, and perpetuate fish and wildlife. It is the further intent of the legislature that all farm and livestock managers should have access to consistent information on fish, wildlife, and habitat management practices that can be used by the agricultural sector.

NEW SECTION. Sec. 2. The departments of fisheries and wildlife shall develop best habitat management practices for application to land management activities in agriculture and range management. These practices shall be designed to maintain sufficient habitat to preserve, protect, and perpetuate wildlife or fish under the respective jurisdictions of the departments. The departments shall appoint a technical advisory committee to assist in developing these best habitat management practices. The departments shall complete these standards by December 31, 1992, and shall report to the appropriate legislative committees by that date. The departments shall transmit copies of their finished standards to the Washington state conservation commission, the Washington state conservation districts, the Washington State University agricultural extension service, the department of natural resources, and other interested parties.

NEW SECTION. Sec. 3. A new section is added to chapter 79.01 RCW to read as follows:

The commissioner of public lands shall manage agricultural and grazing lands in a manner that does not damage riparian-associated wildlife or salmonid habitat. The commissioner shall place conditions that protect riparian-associated wildlife and salmonid habitat on new or renewed agricultural and grazing leases. The commissioner shall participate in the development of the best habitat management practices under section 2 of this act. These practices shall be used as standards in the management of the department's agricultural and grazing lands. The department shall meet these standards.

Renewal of leases that expire before December 31, 1996, shall be subject to a contingency clause that conditions continuance of the lease after three years from the effective date of the lease on compliance with conditions for fish and wildlife protection.

NEW SECTION. Sec. 4. A new section is added to chapter 77.12 RCW to read as follows:

The director shall manage agricultural or grazing lands held, owned, or leased by the department to protect salmonid habitat and riparian-associated wildlife. The director shall place conditions on grazing or agricultural leases to protect salmonid habitat and riparian-associated wildlife.

Sec. 5. RCW 28B.30.150 and 1985 c 370 s 93 are each amended to read as follows:

The regents of Washington State University, in addition to other duties prescribed by law, shall:

(1) Have full control of the university and its property of various kinds, except as otherwise provided by law.

(2) Employ the president of the university, his assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents.

(3) Establish entrance requirements for students seeking admission to the university which meet or exceed the standards specified under RCW 28B.80.350(2). Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance.

(4) Establish such colleges, schools or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.

(5) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.

(6) With the assistance of the faculty of the university, prescribe the courses of instruction in the various colleges, schools and departments of the institution and publish the necessary catalogues thereof.

(7) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in other parts of the United States and foreign countries.

(8) Provide for holding agricultural institutes including farm marketing forums.

(9) Provide that instruction given in the university, as far as practicable, be conveyed by means of laboratory work and provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same.

(10) Provide training in military tactics for those students electing to participate therein.

(11) Establish a department of elementary science and in connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing and land surveying.

(12) Establish a department of agriculture and in connection therewith provide instruction in physics with special application of its principles to agriculture, chemistry with special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the higher forms of animal life and in particular of the horse, cow, sheep and swine, agriculture with special reference to the breeding and feeding of livestock and the best mode of cultivation of farm produce, methods of farm and livestock management that are ecologically sound and protect fish and wildlife, and mining and metallurgy, appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction therein.

(13) Establish agricultural experiment stations in connection with the department of agriculture, including at least one in the western portion of the state, and appoint the officers and prescribe regulations for their management.

(14) Grant to students such certificates or degrees, as recommended for such students by the faculty.

(15) Confer honorary degrees upon persons other than graduates of the university in recognition of their learning or devotion to literature, art or science when recommended thereto by the faculty: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind.

(16) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ skilled architects and engineers to prepare such plans and specifications and supervise the construction of buildings or facilities which the board is authorized to erect, and fix the compensation for such services. The board shall enter into contracts with one or more contractors for such suitable buildings, facilities or improvements as the available funds will warrant, upon the most advantageous terms offered at a public competitive letting, pursuant to public notice under regulations established by the board. The board shall require of all persons with whom they contract for construction and improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens.

(17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state university.

(18) Receive and expend the money appropriated under the act of congress approved May 8, 1914, entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2, 1862, and Acts supplemental thereto and the United States Department of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of congress.

(19) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes.

(20) Acquire by lease, gift, or otherwise, lands necessary to further the work of the university or for experimental or demonstrational purposes.

(21) Establish and maintain at least one agricultural experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational agriculture including the utilization of water and its relation to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests, marketing, farm management, utilization of fruit byproducts, the importance of water conservation particularly with reference to maintaining fish populations, and general development of agriculture under irrigation conditions.

(22) Supervise and control the agricultural experiment station at Puyallup.

(23) Establish and maintain at Wenatchee an agricultural experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management and general horticultural problems.

(24) Accept such gifts, grants, conveyances, devises and bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges, schools or departments; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests and devises; adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits and income of all gifts, grants, conveyances, bequests and devises, and make full report thereof in a biennial report to the governor and members of the legislature.

(25) Construct when the board so determines a new foundry and a mining, physical, technological building and fabrication shop at the university, or add to the present foundry and other buildings, in order that both instruction and research be expanded to include permanent molding and die casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum; purchase equipment for the shops and laboratories in mechanical, electrical, and civil engineering; establish a pilot plant for the extraction of alumina from native clays and other possible light metal research; purchase equipment for a research laboratory for technological research generally; and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics and similar fields.

(26) Make and transmit to the governor and members of the legislature upon request such reports as will be helpful in providing for the institution.

NEW SECTION. Sec. 6. A new section is added to chapter 28B.30 RCW to read as follows:

The director of the extension service of Washington State University shall ensure that agricultural extension services make available to agricultural and range managers information on fish and wildlife habitat protection options and techniques in livestock and farm management. The director shall use information provided by the state departments of fisheries and wildlife on best habitat management practices for agriculture and range management.

NEW SECTION. Sec. 7. By December 31, 1992, the director of the Washington State University extension service shall create a rotational assignment with the department of wildlife, to accomplish cross training in wildlife and fish habitat management and farm and grazing management.