S-1928.1 _______________________________________________
SUBSTITUTE SENATE BILL 5207
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Natural Resources & Parks (originally sponsored by Senators Swecker, Oke, Stevens, Hargrove, Snyder, Haugen, Morton, Rossi, Roach and Anderson)
Read first time 03/03/97.
AN ACT Relating to habitat conservation plans; amending RCW 76.09.340; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 76.09.340 and 1996 c 136 s 1 are each amended to read as follows:
(1) Forest practices consistent with a habitat conservation plan approved prior to March 25, 1996, 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.
(2) Forest practices consistent with a habitat conservation plan approved 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 threatened or endangered species covered by the plan. Such forest practices are deemed not to have the potential for a substantial impact on the environment within the meaning of the state environmental policy act for fish and wildlife species covered by the plan but may be found to have the potential for a substantial impact on the environment within the meaning of the state environmental policy act due to other factors.
(3) 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 takes effect immediately.
--- END ---