AN ACT
Relating to wild mushrooms; and amending RCW 76.48.020, 76.48.060, and
76.48.070.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.48.020 and 1979 ex.s. c 94 s 1 are each amended to read as follows:
Unless
otherwise required by the context, as used in this chapter:
(1)
"Christmas trees" shall mean any evergreen trees or the top thereof,
commonly known as Christmas trees, with limbs and branches, with or without
roots, including fir, pine, spruce, cedar, and other coniferous species.
(2)
"Native ornamental trees and shrubs" shall mean any trees or shrubs
which are not nursery grown and which have been removed from the ground with
the roots intact.
(3)
"Cut or picked evergreen foliage," commonly known as brush, shall
mean evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron,
and other cut or picked evergreen products.
(4)
"Cedar products" shall mean cedar shakeboards, shake and shingle bolts,
and rounds one to three feet in length.
(5)
"Cedar salvage" shall mean cedar chunks, slabs, stumps, and logs
having a volume greater than one cubic foot and being harvested or transported
from areas not associated with the concurrent logging of timber stands (a)
under a forest practices application approved or notification received by the
department of natural resources, or (b) under a contract or permit issued by an
agency of the United States government.
(6)
"Processed cedar products" shall mean cedar shakes, shingles, fence
posts, hop poles, pickets, stakes, or rails; or rounds less than one foot in
length.
(7)
"Cedar processor" shall mean any person who purchases and/or takes or
retains possession of cedar products or cedar salvage, for later sale in the
same or modified form, following their removal and delivery from the land where
harvested.
(8)
"Cascara bark" shall mean the bark of a Cascara tree.
(9) "Wild
edible mushrooms" means edible mushrooms not cultivated or propagated by
artificial means.
(10)
"Specialized forest products" shall mean Christmas trees, native
ornamental trees and shrubs, cut or picked evergreen foliage, cedar products,
cedar salvage, processed cedar products, wild edible mushrooms, and
Cascara bark.
(((10)))
(11) "Person" shall include the plural and all corporations
foreign or domestic, copartnerships, firms, and associations of persons.
(((11)))
(12) "Harvest" shall mean to separate, by cutting, prying,
picking, peeling, breaking, pulling, splitting, or otherwise removing, a
specialized forest product (a) from its physical connection with or contact
with the land or vegetation upon which it was or has been growing, or (b) from
the position in which it has been lying upon such land.
(((12)))
(13) "Transportation" means the physical conveyance of
specialized forest products outside or off of a harvest site, including but not
limited to conveyance by a motorized vehicle designed for use on improved
roadways, or by vessel, barge, raft, or other waterborne conveyance.
"Transportation" also means any conveyance of specialized forest
products by helicopter.
(((13)))
(14) "Landowner" means, with regard to any real property, the
private owner thereof, the state of Washington or any political subdivision
thereof, the federal government, or any person who by deed, contract, or lease
has authority to harvest and sell forest products of the property.
"Landowner" does not include the purchaser or successful high bidder
at any public or private timber sale.
(((14)))
(15) "Authorization" means a properly completed preprinted
form authorizing the transportation or possession of Christmas trees, which
form contains the information required by RCW 76.48.080, and a sample of which
is filed before the harvesting occurs with the sheriff of the county in which
the harvesting is to occur.
(((15)))
(16) "Harvest site" means each location where one or more
persons are engaged in harvesting specialized forest products close enough to
each other that communication can be conducted with an investigating law
enforcement officer in a normal conversational tone.
(((16)))
(17) "Specialized forest products permit" shall mean a printed
document in a form specified by the department of natural resources, or true
copy thereof, signed by a landowner or his duly authorized agent or
representative (herein referred to as "permittors"), and validated by
the county sheriff, authorizing a designated person (herein referred to as
"permittee"), who shall also have signed the permit, to harvest
and/or transport a designated specialized forest product from land owned or
controlled and specified by the permittor, located in the county where such
permit is issued.
(((17)))
(18) "Sheriff" means, for the purpose of validating
specialized forest products permits, the county sheriff, deputy sheriff, or an
authorized employee of the sheriff's office.
(((18)))
(19) "True copy" means a replica of a validated specialized
forest products permit as reproduced by a copy machine capable of effectively
reproducing the information contained on the permittee's copy of the
specialized forest products permit. A copy is made true by the permittee or
the permittee and permittor signing in the space provided on the face of the
copy. A true copy will be effective until the expiration date of the
specialized forest products permit unless the permittee or the permittee and
permittor specify an earlier date. A permittor may require the actual
signatures of both the permittee and permittor for execution of a true copy by
so indicating in the space provided on the original copy of the specialized
forest products permit. A permittee, or, if so indicated, the permittee and
permittor, may condition the use of the true copy to harvesting only,
transportation only, possession only, or any combination thereof.
Sec.
2. RCW
76.48.060 and 1979 ex.s. c 94 s 5 are each amended to read as follows:
A
specialized forest products permit validated by the county sheriff shall be
obtained by any person prior to harvesting from any lands, including his or
her own, more than five Christmas trees, more than five ornamental trees or
shrubs, more than five pounds of cut or picked evergreen foliage, any cedar
products, cedar salvage, processed cedar products, or more than five pounds of
Cascara bark, or more than three United States gallons of a single species
of wild edible mushroom and not more than an aggregate total of nine United
States gallons of wild edible mushrooms, plus one wild edible mushroom.
Specialized forest products permit forms shall be provided by the department of
natural resources, and shall be made available through the office of the county
sheriff to permittees or permittors in reasonable quantities. A permit form
shall be completed in triplicate for each permittor's property on which a
permittee harvests specialized forest products. A properly completed permit
form shall be mailed or presented for validation to the sheriff of the county
in which the specialized forest products are to be harvested. Before a permit
form is validated by the sheriff, sufficient personal identification may be
required to reasonably identify the person mailing or presenting the permit
form and the sheriff may conduct such other investigations as deemed necessary
to determine the validity of the information alleged on the form. When the
sheriff is reasonably satisfied as to the truth of such information, the form
shall be validated with the sheriff's validation stamp provided by the
department of natural resources. Upon validation, the form shall become the
specialized forest products permit authorizing the harvesting, possession and/or
transportation of specialized forest products, subject to any other conditions
or limitations which the permittor may specify. Two copies of the permit shall
be given or mailed to the permittor, or one copy shall be given or mailed to
the permittor and the other copy given or mailed to the permittee. The
original permit shall be retained in the office of the county sheriff
validating the permit. In the event a single land ownership is situated in two
or more counties, a specialized forest product permit shall be completed as to
the land situated in each county. While engaged in harvesting of specialized
forest products, permittees, or their agents or employees, must have readily
available at each harvest site a valid permit or true copy of the permit.
Sec.
3. RCW
76.48.070 and 1979 ex.s. c 94 s 6 are each amended to read as follows:
(1)
Except as provided in RCW 76.48.100 and 76.48.075, it shall be unlawful for any
person (a) to possess, and/or (b) to transport within the state of Washington,
subject to any other conditions or limitations specified in the specialized
forest products permit by the permittor, more than five Christmas trees, more
than five native ornamental trees or shrubs, more than five pounds of cut or picked
evergreen foliage, any processed cedar products, or more than five pounds of
Cascara bark, or more than three gallons of a single species of wild edible
mushrooms and not more than an aggregate total of nine gallons of wild edible
mushrooms, plus one wild edible mushroom without having in his or her
possession a written authorization, sales invoice, bill of lading, or
specialized forest products permit or a true copy thereof evidencing his or
her title to or authority to have possession of specialized forest products
being so possessed or transported.
(2) It
shall be unlawful for any person (a) to possess and/or (b) to transport within
the state of Washington any cedar products or cedar salvage without having in
his or her possession a specialized forest products permit or a true
copy thereof evidencing his or her title to or authority to have
possession of the materials being so possessed or transported.
