H-4228.1          _______________________________________________

                                  HOUSE BILL 2578

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Fuhrman, Basich, Buck, McMorris and Thompson

Read first time 01/15/96.  Referred to Committee on Natural Resources.

Managing grazing lands.

     AN ACT Relating to agricultural grazing on state-owned and managed lands; amending RCW 79.01.295 and 77.12.204; amending 1993 sp.s. c 4 s 1 (uncodified); adding a new section to chapter 89.08 RCW; and creating a new section.

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

     Sec. 1.  1993 sp.s. c 4 s 1 (uncodified) is amended to read as follows:

     The legislature finds that many wild stocks of salmonids in the state of Washington are in a state of decline.  Stocks of salmon on the Columbia and Snake rivers have been listed under the federal endangered species act, and the bull trout has been petitioned for listing.  Some scientists believe that numerous other stocks of salmonids in the Pacific Northwest are in decline or possibly extinct.  The legislature declares that to lose wild stocks is detrimental to the genetic diversity of the fisheries resource and the economy, and will represent the loss of a vital component of Washington's aquatic ecosystems.  The legislature further finds that there is a continuing loss of habitat for fish and wildlife.  The legislature declares that steps must be taken in the areas of wildlife and fish habitat management, water conservation, wild salmonid stock protection, and education to prevent further losses of Washington's fish and wildlife heritage from a number of causes including urban and rural subdivisions, shopping centers, industrial park, and other land use activities.

     The legislature finds that the maintenance and restoration of Washington's rangelands and shrub-steppe vegetation is vital to the long-term benefit of the people of the state.  The legislature finds that approximately one-fourth of the state is open range or open-canopied grazable woodland.  The legislature finds that these lands provide forage for livestock, habitat for wildlife, and innumerable recreational opportunities including hunting, hiking, and fishing.

     The legislature finds that the development of coordinated resource management plans, that take into consideration the needs of wildlife, fish, livestock, timber production, water quality protection, and rangeland conservation on all state-owned grazing lands will improve the stewardship of these lands ((and)), will allow for the increased development and maintenance of fish and wildlife habitat and other multipurpose benefits the public derives from these lands, and will result in providing fish habitat.

     The legislature finds that the state currently provides insufficient technical support for coordinated resource management plans to be developed for all state-owned lands and for many of the private lands desiring to develop such plans.  As a consequence of this lack of technical assistance, our state grazing lands, including fish and wildlife habitat and other resources provided by these lands, are not achieving their potential.  ((The legislature also finds that with many state lands being intermixed with private grazing lands, development of coordinated resource management plans on state-owned and managed lands provides an opportunity to improve the management and enhance the conditions of adjacent private lands.))

     A purpose of this act is to establish state grazing lands as the model in the state for the development and implementation of ((standards)) guidelines that can be used in coordinated resource management plans and to thereby assist the timely development of coordinated resource management plans ((for)) that all state-owned ((grazing lands)) or managed grazable lands must utilize.  Another purpose of this act is to provide for the continued leasing of all publicly owned lands for livestock grazing that provide income for trust beneficiaries while also protecting and improving wildlife habitat with the result of incorporating practices that enhance fish propagation.  Every lessee of state lands who wishes to participate in the development and implementation of a coordinated resource management plan shall have the opportunity to do so.

     Sec. 2.  RCW 79.01.295 and 1993 sp.s. c 4 s 5 are each amended to read as follows:

     (1) ((By December 31, 1993,)) The department of fish and wildlife ((and the department of fisheries)) shall ((each)) develop goals ((for the wildlife and fish that these agencies respectively manage,)) to preserve, protect, and perpetuate wildlife ((and fish)) on shrub steppe habitat or on lands that are presently agricultural lands, rangelands, or grazable woodlands.  These goals shall be consistent with the maintenance of a healthy ecosystem.

     (2) ((By July 31, 1993,)) The conservation commission shall appoint a technical advisory committee to develop ((standards that achieve the goals developed in subsection (1) of this section)) guidelines for use in preparing coordinated resource management plans consistent with section 1 of this act.  The committee members shall include but not be limited to technical experts representing the following interests:  Agriculture, academia, range management, utilities, environmental groups, commercial and recreational fishing interests, the Washington rangelands committee, Indian tribes, the department of fish and wildlife, ((the department of fisheries,)) the department of natural resources, the department of ecology, conservation districts, and the department of agriculture.  A member of the conservation commission shall chair the committee.

     (3) ((By December 31, 1994,)) The committee shall develop ((standards)) guidelines to meet the goals developed under subsection (1) of this section consistent with section 1 of this act.  These ((standards))  guidelines shall not conflict with the recovery of wildlife or fish species that are listed or proposed for listing under the federal endangered species act.  These ((standards)) guidelines shall be utilized to the extent possible in development of coordinated resource management plans, consistent with section 1 of this act, to provide a level of management that sustains and perpetuates renewable resources, including fish and wildlife, riparian areas, soil, water, timber, and forage for livestock and wildlife.  Furthermore, the ((standards))  guidelines are recommended for application to model watersheds designated by the Northwest power planning council in conjunction with the conservation commission.  The maintenance and restoration of sufficient habitat to preserve, protect, and perpetuate wildlife and fish shall be a major component included in the ((standards)) guidelines and coordinated resource management plans.  Application of ((standards)) guidelines to privately owned lands is voluntary and may be dependent on funds to provide technical assistance through conservation districts.

     (4) The conservation commission shall approve the ((standards))  guidelines and shall provide them to the department((s)) of natural resources and the department of fish and wildlife, each of the conservation districts, Washington State University cooperative extension service, and the appropriate committees of the legislature.  The conservation districts shall make these ((standards)) guidelines available to the public and for coordinated resource management planning.  Application to private lands is voluntary.

     (5) Consistent with section 1 of this act, the department of natural resources shall ((implement practices necessary to meet the standards developed pursuant to this section on department managed)) utilize the guidelines in the coordinated resource management plan process to implement practices on agricultural and grazing lands, consistent with the trust mandate of the Washington state Constitution and Title 79 RCW.  The ((standards)) guidelines may be modified on a site-specific basis as needed to achieve the fish and wildlife goals, and as determined by the ((department of fisheries or wildlife, and the department of natural resources)) agency managing the land.  Existing lessees shall be provided an opportunity to participate in any site-specific field review.  Department agricultural and grazing leases issued after ((December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to this section)) the effective date of this act shall utilize the guidelines in the development of coordinated resource management plans consistent with the purposes under section 1 of this act.

     Sec. 3.  RCW 77.12.204 and 1993 sp.s. c 4 s 6 are each amended to read as follows:

Consistent with section 1 of this act, the department of fish and wildlife shall ((implement practices necessary to meet the standards developed under RCW 79.01.295 on)) utilize the guidelines in the coordinated resource management plan process to implement practices on  agency-owned and managed agricultural and grazing lands.  The ((standards)) guidelines may be modified on a site-specific basis as necessary and as determined by the department of ((fisheries or)) fish and wildlife, for species that these agencies respectively manage, to achieve the goals ((established under RCW 79.01.295(1))) consistent with section 1 of this act.  Existing lessees shall be provided an opportunity to participate in any site-specific field review.  Department agricultural and grazing leases issued after ((December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to RCW 79.01.295)) the effective date of this act shall utilize the guidelines in the development of coordinated resource management plans consistent with the purposes under section 1 of this act.

     This section shall in no way prevent the department of fish and wildlife from managing its lands to accomplish its statutory mandate pursuant to RCW 77.12.010, nor shall it prevent the department from managing its lands according to the provisions of RCW 77.12.210 ((or rules adopted pursuant to this chapter)).

NEW SECTION. Sec. 4.  This act does not authorize the establishment of standards or guidelines pertaining to water quality or water quantity that conflict or otherwise duplicate the power to set water quality or water quantity standards granted to the department of ecology.

NEW SECTION. Sec. 5.  Section 1 of this act is added to chapter 89.08 RCW.

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