AN ACT Relating to
forest products; amending RCW 76.48.020, 76.48.030, 76.48.040, 76.48.050,
76.48.060, 76.48.070, 76.48.075, 76.48.096, 76.48.098, 76.48.100, 76.48.110,
76.48.120, and 76.48.130; adding new sections to chapter 76.48 RCW; and
repealing RCW 76.48.092.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 76.48.020 and 1992 c
184 s 1 are each amended to read as follows:
Unless otherwise
required by the context, as used in this chapter:
(1) "Christmas
trees" ((shall)) means 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)) means 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)) means
evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses,
bear grass, scotch broom (Cytisus scoparius) and other cut or picked
evergreen products. "Cut or picked evergreen foliage" does not
mean cones or seeds.
(4) "Cedar
products" ((shall)) means cedar shakeboards, shake and
shingle bolts, and rounds one to three feet in length.
(5) "Cedar
salvage" ((shall)) means 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)) means cedar shakes, shingles,
fence posts, hop poles, pickets, stakes, ((or)) rails((;)),
or rounds less than one foot in length.
(7) "Cedar
processor" ((shall)) means 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)) means 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)) means 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.
(11) "Person"
((shall)) includes the plural and all corporations,
foreign or domestic, copartnerships, firms, and associations of persons.
(12)
"Harvest" ((shall)) means 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))
is or was growing((,)) or (b) from the position in which it ((has
been)) is lying upon ((such)) the land.
(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)) by
any means.
(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)) a
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)) a public or private timber
sale.
(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.
(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.
(17) "Specialized
forest products permit" ((shall)) means a printed document
in a form specified by the department of natural resources, or true copy
thereof, that is signed by a landowner or his ((duly)) or her
authorized agent or representative (((herein)), referred to in
this chapter as "permittors"((),)) and validated by the
county sheriff((, authorizing)) and authorizes a designated
person (((herein)), referred to in this chapter as
"permittee"(())), who ((shall)) has also ((have))
signed the permit, to harvest ((and/or)) and transport a
designated specialized forest product from land owned or controlled and
specified by the permittor((,)) and that is located in the county
where ((such)) the permit is issued.
(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 or an agent of the office.
(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.
(20) "Permit
area" means a designated tract of land that may contain single or multiple
harvest sites.
Sec. 2. RCW 76.48.030 and 1979
ex.s. c 94 s 2 are each amended to read as follows:
It ((shall be)) is
unlawful for any person to:
(1) Harvest specialized
forest products as described in RCW 76.48.020, in the quantities specified in
RCW 76.48.060, without first obtaining a validated specialized forest products
permit;
(2) Engage in
activities or phases of harvesting specialized forest products not authorized
by the permit; or
(3) Harvest specialized
forest products in any lesser quantities than those specified in RCW 76.48.060,
as now or hereafter amended, without first obtaining permission from the
landowner or his or her duly authorized agent or representative.
Sec. 3. RCW 76.48.040 and 1994 c
264 s 51 are each amended to read as follows:
Agencies charged with
the enforcement of this chapter shall include, but not be limited to, the
Washington state patrol, county sheriffs and their deputies, county or
municipal police forces, authorized personnel of the United States forest
service, and authorized personnel of the departments of natural resources and
fish and wildlife. Primary enforcement responsibility lies in the county
sheriffs and their deputies. The legislature encourages county sheriffs'
offices to enter into interlocal agreements with these other agencies in order
to receive additional assistance with their enforcement responsibilities.
Sec. 4. RCW 76.48.050 and 1979
ex.s. c 94 s 4 are each amended to read as follows:
Specialized forest
products permits shall consist of properly completed permit forms validated by
the sheriff of the county in which the specialized forest products are to be
harvested. Each permit shall be separately numbered and the permits shall
be issued by consecutive numbers. All specialized forest products permits
shall expire at the end of the calendar year in which issued, or sooner, at the
discretion of the permittor. A properly completed specialized forest products
permit form shall include:
(1) The date of its
execution and expiration;
(2) The name, address,
telephone number, if any, and signature of the permittor;
(3) The name, address,
telephone number, if any, and signature of the permittee;
(4) The type of
specialized forest products to be harvested or transported;
(5) The approximate
amount or volume of specialized forest products to be harvested or transported;
(6) The legal
description of the property from which the specialized forest products are to
be harvested or transported, including the name of the county, or the state or
province if outside the state of Washington;
(7) A description by
local landmarks of where the harvesting is to occur, or from where the
specialized forest products are to be transported;
(8) The number from
some type of valid picture identification; and
(9) Any other
condition or limitation which the permittor may specify.
Except for the
harvesting of Christmas trees, the permit or true copy thereof must be carried
by the permittee and available for inspection at all times. For the harvesting
of Christmas trees only a single permit or true copy thereof is necessary to be
available at the harvest site.
Sec. 5. RCW 76.48.060 and 1992 c
184 s 2 are each amended to read as follows:
A specialized forest
products permit validated by the county sheriff shall be obtained by ((any))
a person prior to harvesting from any lands, including his or her own,
more than five Christmas trees, more than five native 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)) the
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)), 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. 6. RCW 76.48.070 and 1992 c
184 s 3 are each amended to read as follows:
(1) Except as provided
in RCW 76.48.100 and 76.48.075, it ((shall be)) is unlawful for
any person (a) to possess, ((and/or)) (b) to transport, or (c) to
possess and 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))
is unlawful for any person either (a) to possess ((and/or)),
(b) to transport, or (c) to possess and 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.
Sec. 7. RCW 76.48.075 and 1979
ex.s. c 94 s 15 are each amended to read as follows:
(1) It is unlawful for
any person to transport or cause to be transported into this state from any
other state or province specialized forest products, except those harvested
from that person's own property, without: (a) First acquiring and having
readily available for inspection a document indicating the true origin of the
specialized forest products as being outside the state, or (b) without
acquiring a specialized forest products permit as provided in subsection (4) of
this section.
(2) Any person
transporting or causing to be transported specialized forest products into this
state from any other state or province shall, upon request of any person to
whom the specialized forest products are sold or delivered or upon request of
any law enforcement officer, prepare and sign a statement indicating the true
origin of the specialized forest products, the date of delivery, and the
license number of the vehicle making delivery, and shall leave the statement
with the person making the request.
(3) It is unlawful for
any person to possess specialized forest products, transported into this state,
with knowledge that the products were introduced into this state in violation
of this chapter.
(4) When any person
transporting or causing to be transported into this state specialized forest
products elects to acquire a specialized forest products permit, the
specialized forest products transported into this state shall be deemed to be
harvested in the county of entry, and the sheriff of that county may validate
the permit as if the products were so harvested, except that the permit shall
also indicate the actual harvest site outside the state.
(5) A cedar processor
shall comply with RCW 76.48.096 by requiring a person transporting specialized
forest products into this state from any other state or province to display a
specialized forest products permit, or true copy thereof, or other document
indicating the true origin of the specialized forest products as being outside
the state. The cedar processor shall make and maintain a record of the
purchase, taking possession, or retention of cedar products and cedar salvage
in compliance with RCW 76.48.094.
(6) If, ((pursuant
to)) under official inquiry, investigation, or other authorized
proceeding regarding specialized forest products not covered by a valid
specialized forest products permit or other acceptable document, the inspecting
law enforcement officer has probable cause to believe that the specialized
forest products were harvested in this state or wrongfully obtained in another
state or province, the officer may take into custody and detain, for a
reasonable time, the specialized forest products, all supporting documents,
invoices, and bills of lading, and the vehicle in which the products were
transported until the true origin of the specialized forest products can be
determined.
Sec. 8. RCW 76.48.096 and 1979
ex.s. c 94 s 10 are each amended to read as follows:
It ((shall be)) is
unlawful for any cedar processor to purchase, take possession, or retain cedar
products or cedar salvage subsequent to the harvesting and prior to the retail
sale of ((such)) the products, unless the supplier thereof
displays a specialized forest products permit, or true copy thereof((, which))
that appears to be valid, or obtains the information ((pursuant to))
under RCW 76.48.075(5).
Sec. 9. RCW 76.48.098 and 1979
ex.s. c 94 s 11 are each amended to read as follows:
Every cedar processor
shall prominently display a valid registration certificate, or copy thereof,
obtained from the department of revenue ((pursuant to)) under RCW
82.32.030 at each location where ((such)) the processor receives
cedar products or cedar salvage.
Permittees shall sell
cedar products or cedar salvage only to cedar processors displaying
registration certificates which appear to be valid.
Sec. 10. RCW 76.48.100 and 1979
ex.s. c 94 s 12 are each amended to read as follows:
The provisions of this
chapter ((shall)) do not apply to:
(1) Nursery grown
products.
(2) Logs (except as
included in the definition of "cedar salvage" under RCW 76.48.020),
poles, pilings, or other major forest products from which substantially all of
the limbs and branches have been removed, and cedar salvage when harvested concurrently
with timber stands (a) under an approved forest practices application or
notification, or (b) under a contract or permit issued by an agency of the
United States government.
(3) The activities of a
landowner, his or her agent, or representative, or of a lessee of land
in carrying on noncommercial property management, maintenance, or improvements
on or in connection with the land of ((such)) the landowner or
lessee.
Sec. 11. RCW 76.48.110 and 1979
ex.s. c 94 s 13 are each amended to read as follows:
Whenever any law
enforcement officer has probable cause to believe that a person is harvesting
or is in possession of or transporting specialized forest products in violation
of the provisions of this chapter, he or she may, at the time of making
an arrest, seize and take possession of any ((such)) specialized forest
products found. The law enforcement officer shall provide reasonable
protection for the specialized forest products involved during the period of
litigation or he or she shall dispose of ((such)) the
specialized forest products at the discretion or order of the court before
which the arrested person is ordered to appear.
Upon any disposition of
the case by the court, the court shall make a reasonable effort to return the
specialized forest products to ((their)) its rightful owner or
pay the proceeds of any sale of specialized forest products less any reasonable
expenses of ((such)) the sale to the rightful owner. If for any
reason, the proceeds of ((such)) the sale cannot be disposed of
to the rightful owner, ((such)) the proceeds, less the reasonable
expenses of the sale, shall be paid to the treasurer of the county in which the
violation occurred. The county treasurer shall deposit the same in the county
general fund. The return of the specialized forest products or the payment of
the proceeds of any sale of products seized to the owner shall not preclude the
court from imposing any fine or penalty upon the violator for the violation of
the provisions of this chapter.
Sec. 12. RCW 76.48.120 and 1979
ex.s. c 94 s 14 are each amended to read as follows:
It ((shall be)) is
unlawful for any person, upon official inquiry, investigation, or other
authorized proceedings, to offer as genuine any paper, document, or other
instrument in writing purporting to be a specialized forest products permit, or
true copy thereof, authorization, sales invoice, or bill of lading, or to make
any representation of authority to possess or conduct harvesting or transporting
of specialized forest products, knowing the same to be in any manner false,
fraudulent, forged, or stolen.
Any person who
knowingly or intentionally violates this section ((shall be)) is
guilty of forgery, and shall be punished as a class C felony providing for
imprisonment in a state correctional institution for a maximum term fixed by
the court of not more than five years or by a fine of not more than five
thousand dollars, or by both ((such)) imprisonment and fine.
Whenever any law
enforcement officer reasonably suspects that a specialized forest products
permit or true copy thereof, authorization, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the officer until its
authenticity can be verified.
Sec. 13. RCW 76.48.130 and 1977
ex.s. c 147 s 10 are each amended to read as follows:
((Any)) A
person who violates ((any)) a provision of this chapter, other
than the provisions contained in RCW 76.48.120, as now or hereafter amended, ((shall
be)) is guilty of a gross misdemeanor and upon conviction thereof
shall be punished by a fine of not more than one thousand dollars or by
imprisonment in the county jail for not to exceed one year or by both ((such))
a fine and imprisonment.
NEW SECTION. Sec.
14. A new section is added
to chapter 76.48 RCW to read as follows:
Buyers who purchase
specialized forest products are required to record (1) the permit number; (2)
the type of forest product purchased; (3) the permit holder's name; and (4) the
amount of forest product purchased. The buyer shall keep a record of this
information for a period of one year from the date of purchase and make the
records available for inspection by authorized enforcement officials.
The buyer of
specialized forest products must record the license plate number of the vehicle
transporting the forest products on the bill of sale, as well as the seller's
permit number on the bill of sale. This section shall not apply to
transactions involving Christmas trees.
The section shall not
apply to buyers of specialized forest products at the retail sales level.
NEW SECTION. Sec.
15. A new section is added
to chapter 76.48 RCW to read as follows:
County sheriffs may
contract with other entities to serve as authorized agents to validate
specialized forest product permits. These entities include the United States
forest service, the bureau of land management, the department of natural
resources, local police departments, and other entities as decided upon by the
county sheriffs' departments. An entity that contracts with a county sheriff
to serve as an authorized agent to validate specialized forest product permits
may make reasonable efforts to verify the information provided on the permit
form such as the section, township, and range of the area where harvesting is
to occur.
NEW SECTION. Sec.
16. A new section is added
to chapter 76.48 RCW to read as follows:
Records of buyers of
specialized forest products collected under the requirements of section 14 of
this act may be made available to colleges and universities for the purpose of
research.
NEW SECTION. Sec.
17. A new section is added
to chapter 76.48 RCW to read as follows:
Minority groups have
long been participants in the specialized forest products industry. The
legislature encourages agencies serving minority communities, community-based
organizations, refugee centers, social service agencies, agencies and
organizations with expertise in the specialized forest products industry, and
other interested groups to work cooperatively to accomplish the following
purposes:
(1) To provide
assistance and make referrals on translation services and to assist in
translating educational materials, laws, and rules regarding specialized forest
products;
(2) To hold clinics to
teach techniques for effective picking; and
(3) To work with both
minority and nonminority permittees in order to protect resources and foster
understanding between minority and nonminority permittees.
To the extent
practicable within their existing resources, the commission on Asian-American
affairs, the commission on Hispanic affairs, and the department of natural
resources are encouraged to coordinate this effort.
NEW SECTION. Sec.
18. RCW 76.48.092 and 1979
ex.s. c 94 s 8 & 1977 ex.s. c 147 s 14 are each repealed.
NEW SECTION. Sec.
19. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
