CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 2444

                   Chapter 136, Laws of 1996

                        54th Legislature

                      1996 Regular Session

                   HABITAT CONSERVATION PLANS

                    EFFECTIVE DATE:  3/25/96

Passed by the House March 4, 1996   Yeas 93   Nays 0              CLYDE BALLARD Speaker of the       House of Representatives Passed by the Senate February 28, 1996   Yeas 44   Nays 2

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2444 as passed by the House of Representatives and the Senate on the dates hereon set forth.

JOEL PRITCHARD President of the Senate

TIMOTHY A. MARTIN                           Chief Clerk

Approved March 25, 1996 Place Style On Codes above, and Style Off Codes below.

FILED                      March 25, 1996 - 9:12 a.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                    SUBSTITUTE HOUSE BILL 2444

          _______________________________________________

                     AS AMENDED BY THE SENATE

             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Brumsickle, Chappell, Buck, Cairnes, Sheldon, Honeyford, McMorris, Morris, Kessler, Delvin, Basich, Fuhrman, Regala, Schoesler, Mastin, Elliot, Johnson, D. Sommers, Boldt, Thompson and McMahan)

Read first time 01/30/96. 

Amending the forest practice act of 1974 regarding federally approved habitat conservation plans. 

    AN ACT Relating to habitat conservation plans; adding a new section to chapter 76.09 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 76.09 RCW to read as follows:

    Forest practices consistent with a habitat conservation plan approved prior to the effective date of this act, by the secretary of the interior or commerce under 16 U.S.C. Sec. 1531 et seq., and the endangered species act of 1973 as amended, are exempt from rules and policies under this chapter, provided the proposed forest practices indicated in the application are in compliance with the plan, and provided this exemption applies only to rules and policies adopted primarily for the protection of one or more species, including unlisted species, covered by the plan.  Such forest practices are deemed not to have the potential for a substantial impact on the environment but may be found to have the potential for a substantial impact on the environment due to other reasons under RCW 76.09.050.

    Nothing in this section is intended to limit the board's rule-making authority under this chapter.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

    Passed the House March 4, 1996.

    Passed the Senate February 28, 1996.

Approved by the Governor March 25, 1996.

    Filed in Office of Secretary of State March 25, 1996.