AN ACT Relating to wildlife
damage claims on rangeland suitable for grazing or browsing of domestic
livestock; amending RCW 77.36.005, 77.36.010, and 77.36.080; adding a new
section to chapter 43.131 RCW; providing an effective date; providing an
expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 77.36.005 and 1996 c
54 s 1 are each amended to read as follows:
The legislature finds
that:
(1) As the number of
people in the state grows and wildlife habitat is altered, people will
encounter wildlife more frequently. As a result, conflicts between humans and
wildlife will also increase. Wildlife is a public resource of significant
value to the people of the state and the responsibility to minimize and resolve
these conflicts is shared by all citizens of the state.
(2) In particular, the
state recognizes the importance of commercial agricultural and horticultural
crop production, rangeland suitable for grazing or browsing of domestic
livestock, and the value of healthy deer and elk populations, which can
damage such crops. The legislature further finds that damage prevention is key
to maintaining healthy deer and elk populations, wildlife-related recreational
opportunities, ((and)) commercially productive agricultural and
horticultural crops, and rangeland suitable for grazing or browsing of
domestic livestock, and that the state, participants in wildlife
recreation, and private landowners and tenants share the responsibility for
damage prevention. Toward this end, the legislature encourages landowners and
tenants to contribute through their land management practices to healthy
wildlife populations and to provide access for related recreation. It is in
the best interests of the state for the department of fish and wildlife to
respond quickly to wildlife damage complaints and to work with these landowners
and tenants to minimize and/or prevent damages and conflicts while maintaining
deer and elk populations for enjoyment by all citizens of the state.
(3) A timely and
simplified process for resolving claims for damages caused by deer and elk for
commercial agricultural or horticultural products, and rangeland used for
grazing or browsing of domestic livestock is beneficial to the claimant and
the state.
Sec. 2. RCW 77.36.010 and 1996 c
54 s 2 are each amended to read as follows:
((Unless otherwise
specified,)) The ((following)) definitions in this section
apply throughout this chapter((:)) unless the context clearly
requires otherwise.
(1) "Crop"
means ((a commercially raised horticultural and/or agricultural product and
includes growing or harvested product but does not include livestock)) (a)
a growing or harvested horticultural and/or agricultural product for commercial
purposes; or (b) rangeland forage on privately owned land used for grazing or
browsing of domestic livestock for at least a portion of the year for
commercial purposes. For the purposes of this chapter all parts of
horticultural trees shall be considered a crop and shall be eligible for
claims.
(2)
"Emergency" means an unforeseen circumstance beyond the control of
the landowner or tenant that presents a real and immediate threat to crops,
domestic animals, or fowl.
(3) "Immediate
family member" means spouse, brother, sister, grandparent, parent, child,
or grandchild.
Sec. 3. RCW 77.36.080 and 1996 c
54 s 9 are each amended to read as follows:
(1) The department may
pay no more than thirty thousand dollars per fiscal year from the general fund
for claims under RCW 77.36.040 and for assessment costs and compromise of
claims unless the legislature declares an emergency. Such money shall be used
to pay animal damage claims only if the claim meets the conditions of RCW
77.36.040 and the damage occurred in a place where the opportunity to hunt was
restricted or prohibited by a county, municipality, or other public entity
during the season prior to the occurrence of the damage.
(2) The legislature may
declare an emergency, defined for the purposes of this section as any happening
arising from weather, other natural conditions, or fire that causes unusually
great damage by deer or elk to commercially raised agricultural or
horticultural crops ((by deer or elk)), or rangeland forage on
privately owned land used for grazing or browsing of domestic livestock for at
least a portion of the year. In an emergency, the department may pay as
much as may be subsequently appropriated, in addition to the funds authorized
under subsection (1) of this section, for claims under RCW 77.36.040 and for
assessment and compromise of claims. Such money shall be used to pay animal
damage claims only if the claim meets the conditions of RCW 77.36.040 and the
department has expended all funds authorized under RCW 77.36.070 or subsection
(1) of this section.
(3) Of the total
funds available each fiscal year under subsection (1) of this section and RCW
77.36.070, no more than one-third of this total may be used to pay animal
damage claims for rangeland forage on privately owned land.
(4) Of the total
funds available each fiscal year under subsection (1) of this section and RCW
77.36.070 that remain unspent at the end of the fiscal year, fifty percent
shall be utilized as matching grants to enhance habitat for deer and elk on
public lands.
NEW SECTION. Sec.
4. A new section is added
to chapter 43.131 RCW to read as follows:
The joint legislative
audit and review committee must conduct a program review, as provided in this
chapter, of the program to reimburse landowners for damage to rangeland used
for grazing or browsing of domestic livestock caused by deer and elk,
established in sections 1 through 3, chapter . . ., Laws of 2001
(sections 1 through 3 of this act). The review must be completed by January 1,
2004.
NEW SECTION. Sec.
5. The following expire June
30, 2004:
(1) Section 1, chapter
. . ., Laws of 2001 (section 1 of this act);
(2) Section 2, chapter
. . ., Laws of 2001 (section 2 of this act); and
(3) Section 3, chapter
. . ., Laws of 2001 (section 3 of this act).
NEW
SECTION. Sec. 6. 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
July 1, 2001.
