AN
ACT Relating to fish and wildlife enhancement; adding a new section to chapter
77.12 RCW; adding a new section to chapter 75.20 RCW; adding a new section to
chapter 76.09 RCW; creating new sections; and making appropriations.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. In an
effort to increase the amount of habitat available for fish and wildlife, the
legislature finds that it is desirable for the department of fish and wildlife,
the department of natural resources, and other interested parties to work
closely with private landowners to achieve habitat enhancements. In some
instances, private landowners avoid enhancing habitat because of a concern that
the presence of fish or wildlife may make future land management more
difficult. It is the intent of this act to provide a mechanism that
facilitates habitat development while avoiding an adverse impact on the
landowner at a later date. The habitat incentives program is not intended to
supercede any federal laws.
NEW
SECTION. Sec. 2. (1)
The department of fish and wildlife and the department of natural resources
shall jointly initiate a habitat incentives program in two phases. In creating
this program, the departments shall make use of and complement other study
efforts underway relating to habitat protection and enhancement, including the
department of fish and wildlife's review of the hydraulic project approval
process and the forestry module under development for the forest practices
board dealing with practices within riparian areas.
(2)
In phase one, the department of fish and wildlife and the department of natural
resources shall work with affected federally recognized Indian tribes,
landowners, the regional fisheries enhancement groups, the timber, fish, and
wildlife cooperators, and other interested parties to identify appropriate
criteria and other factors necessary for implementation of the habitat
incentives program. The departments in concert with the interested parties
shall identify at least the following elements for implementation of the
program:
(a)
The factors and the approach that the departments should use in evaluating and
weighing the benefits and concurrent risks of entering into a habitat
incentives agreement with a landowner;
(b)
The approach to be used in assigning responsibilities for implementation of the
agreement to the landowner and to the departments;
(c)
Assignment of responsibility for documentation of the conditions on a
landowner's property prior to the departments entering into a habitat incentives
agreement;
(d)
The process to be used when a landowner who has entered into a habitat
incentives agreement applies for hydraulic project approval or a forest
practices permit during the term of the agreement;
(e)
The process to be used to monitor and evaluate whether actions taken as a part
of the agreement actually enhance habitat for the target species and to amend
the agreement if the existing agreement is not enhancing habitat;
(f)
The conditions under which the departments and the landowner may terminate the
agreement and the remedies if either party breaches the terms of the agreement;
(g)
The means for ensuring that the departments are notified if the property
covered by the agreement is sold or otherwise transferred into other ownership;
(h)
The process to be used for reaching concurrence between the landowner, the
departments, the timber, fish, and wildlife cooperators, and affected federally
recognized Indian tribes; and
(i)
The process to be used in prioritizing proposed agreements if the requests for
agreements exceed the funding available for entering into and implementing such
agreements.
The
departments and the interested parties may identify and propose solutions to
other issues necessary in order to implement the habitat incentives program.
The departments and the interested parties shall report to the legislature on
their findings as well as on any other recommendations for implementation and
funding for the habitat incentives program by December 1, 1997.
NEW
SECTION. Sec. 3. A
new section is added to chapter 77.12 RCW to read as follows:
(1)
Beginning in January 1998, the department of fish and wildlife and the
department of natural resources shall implement a habitat incentives program
based on the recommendations of federally recognized Indian tribes, landowners,
the regional fisheries enhancement groups, the timber, fish, and wildlife
cooperators, and other interested parties. The program shall allow a private
landowner to enter into an agreement with the departments to enhance habitat on
the landowner's property for food fish, game fish, or other wildlife species.
In exchange, the landowner shall receive state regulatory certainty with regard
to future applications for hydraulic project approval or a forest practices
permit on the property covered by the agreement. The overall goal of the
program is to provide a mechanism that facilitates habitat development on
private property while avoiding an adverse state regulatory impact to the
landowner at some future date. A single agreement between the departments and
a landowner may encompass up to one thousand acres. A landowner may enter into
multiple agreements with the departments, provided that the total acreage
covered by such agreements with a single landowner does not exceed ten thousand
acres. The departments are not obligated to enter into an agreement unless the
departments find that the agreement is in the best interest of protecting fish
or wildlife species or their habitat.
(2)
A habitat incentives agreement shall be in writing and shall contain at least
the following: A description of the property covered by the agreement, an
expiration date, a description of the condition of the property prior to the
implementation of the agreement, and other information needed by the landowner
and the departments for future reference and decisions.
(3)
As part of the agreement, the department of fish and wildlife may stipulate the
factors that will be considered when the department evaluates a landowner's
application for hydraulic project approval under RCW 75.20.100 or 75.20.103 on
property covered by the agreement. The department's identification of these
evaluation factors shall be in concurrence with the department of natural
resources and affected federally recognized Indian tribes. In general, future
decisions related to the issuance, conditioning, or denial of hydraulic project
approval shall be based on the conditions present on the landowner's property
at the time of the agreement, unless all parties agree otherwise.
(4)
As part of the agreement, the department of natural resources may stipulate the
factors that will be considered when the department evaluates a landowner's application
for a forest practices permit under chapter 76.09 RCW on property covered by
the agreement. The department's identification of these evaluation factors
shall be in concurrence with the department of fish and wildlife and affected
federally recognized Indian tribes. In general, future decisions related to
the issuance, conditioning, or denial of forest practices permits shall be
based on the conditions present on the landowner's property at the time of the
agreement, unless all parties agree otherwise.
(5)
The agreement is binding on and may be used by only the landowner who entered
into the agreement with the department. The agreement shall not be appurtenant
with the land. However, if a new landowner chooses to maintain the habitat
enhancement efforts on the property, the new landowner and the departments may
jointly choose to retain the agreement on the property.
(6)
If the departments receive multiple requests for agreements with private
landowners under the habitat incentives program, the departments shall
prioritize these requests and shall enter into as many agreements as possible
within available budgetary resources.
NEW
SECTION. Sec. 4. A
new section is added to chapter 75.20 RCW to read as follows:
When
a private landowner is applying for hydraulic project approval under this
chapter and that landowner has entered into a habitat incentives agreement with
the department and the department of natural resources as provided in section 3
of this act, the department shall comply with the terms of that agreement when
evaluating the request for hydraulic project approval.
NEW
SECTION. Sec. 5. A
new section is added to chapter 76.09 RCW to read as follows:
When
a private landowner is applying for a forest practices permit under this
chapter and that landowner has entered into a habitat incentives agreement with
the department and the department of fish and wildlife as provided in section 3
of this act, the department shall comply with the terms of that agreement when
evaluating the permit application.
NEW
SECTION. Sec. 6. (1)
The sum of twelve thousand one hundred twenty-five dollars, or as much thereof
as may be necessary, is appropriated for the fiscal year ending June 30, 1998,
from the general fund to the department of fish and wildlife for the purposes
of this act.
(2)
The sum of twelve thousand one hundred twenty-five dollars, or as much thereof
as may be necessary, is appropriated for the fiscal year ending June 30, 1999,
from the general fund to the department of fish and wildlife for the purposes
of this act.
(3)
The sum of twelve thousand one hundred twenty-five dollars, or as much thereof
as may be necessary, is appropriated for the fiscal year ending June 30, 1998,
from the general fund to the department of natural resources for the purposes
of this act.
(4)
The sum of twelve thousand one hundred twenty-five dollars, or as much thereof
as may be necessary, is appropriated for the fiscal year ending June 30, 1999,
from the general fund to the department of natural resources for the purposes
of this act.
