S-4505.1 _______________________________________________
SENATE BILL 6551
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senators Loveland, Rasmussen, Snyder, Morton, Oke, Prince, A. Anderson, Hargrove, Hochstatter, Winsley and Sellar
Read first time 01/17/96. Referred to Committee on Natural Resources.
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 new sections to chapter 89.08 RCW; and creating new sections.
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,
improved grazing, and other multipurpose benefits the public derives from
these lands, and will result in providing fish habitat. The legislature
directs that all state agencies that manage grazable lands make planning and
implementation using the coordinated resource management process a high
priority and that the agencies put first emphasis on those lands that obviously
lack reasonably good management.
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)) presents an opportunity to provide technical assistance
to leasees and permittees of state-owned and managed lands to enhance and
improve management of their own private lands strictly on a voluntary basis.
The legislature recognizes that conservation districts are well suited to provide local leadership in efforts to protect and improve our natural resources and encourages districts with significant amounts of grazable lands to lead the coordination of this effort whenever possible.
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
state agencies must utilize on all state-owned ((grazing lands)) or
managed grazable lands except for small isolated parcels or those that are
deemed uneconomical to participate in the full coordinated resource management
planning processes. Another purpose of chapter . . ., Laws of 1996
(this act), is to provide for the continued leasing of all publicly owned and
managed lands by using the multiple use concept to the fullest extent possible
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.
NEW SECTION. Sec. 2. For the purposes of chapter . . ., Laws of 1996 (this act), "coordinated resource management planning" means a voluntary process whereby land owners and managers, both public and private, consult and by mutual agreement establish management objectives for a specific land area or management unit of grazing lands. Through this process, alternative actions are reviewed and agreement is reached on which alternatives are to be employed to reach the management objectives. State land managers, permittees, and leasees, may be joined by private landowners in or near the proposed management unit, federal land managers, and managers of tribal land, in the planning and implementation processes. Local public interest groups or affected individuals may participate in the planning process. When the coordinated resource management planning process is considered for grazing lands, generally accepted grazing land management practices under the multiple use concept must be an integral part to enhance the grazing resource and fish and wildlife habitat.
Sec. 3. 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 habitat for fish and 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 these goals and 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) By December 1,
1996, the conservation commission shall ((approve)) modify in
accordance with chapter . . ., Laws of 1996 (this act), the ((standards))
guidelines and shall provide them to the departments of natural
resources and 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 (a)
implement practices necessary to meet the ((standards)) guidelines
developed ((pursuant to)) under this section on department
managed cultivated agricultural lands; and (b) utilize the
guidelines in the coordinated resource management planning process to implement
practices on 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 must utilize the guidelines in compliance with this
section and consistent with section 1 of this act.
Sec. 4. 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 (1)
implement practices necessary to meet the ((standards)) guidelines
developed under RCW 79.01.295 on agency-owned and managed cultivated
agricultural ((and)) land; and (2) utilize the guidelines in the
coordinated resource management planning process to implement practices on
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. 5. Nothing in this act related to coordinated resource management planning may interfere with state agencies moving forward with a collaborative program of working with leasees or permit holders to enhance the natural resources while phasing in implementation of the coordinated resource management program under this act.
NEW SECTION. Sec. 6. 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. 7. Sections 1 and 2 of this act are each added to chapter 89.08 RCW.
--- END ---