AN
ACT Relating to Christmas trees; and reenacting and amending RCW 76.09.020.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.09.020 and 2001 c 102 s 1 and 2001 c 97 s 2 are each reenacted and amended
to read as follows:
For
purposes of this chapter:
(1)
"Adaptive management" means reliance on scientific methods to test
the results of actions taken so that the management and related policy can be
changed promptly and appropriately.
(2)
"Appeals board" means the forest practices appeals board created by
RCW 76.09.210.
(3)
"Aquatic resources" includes water quality, salmon, other species of
the vertebrate classes Cephalaspidomorphi and Osteichthyes identified in the
forests and fish report, the Columbia torrent salamander (Rhyacotriton
kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the
Olympic torrent salamander (Rhyacotriton olympian), the Dunn's
salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon
vandyke), the tailed frog (Ascaphus truei), and their respective
habitats.
(4)
"Commissioner" means the commissioner of public lands.
(5)
"Contiguous" means land adjoining or touching by common corner or
otherwise. Land having common ownership divided by a road or other right of
way shall be considered contiguous.
(6)
"Conversion to a use other than commercial timber operation" means a
bona fide conversion to an active use which is incompatible with timber growing
and as may be defined by forest practices rules.
(7)
"Department" means the department of natural resources.
(8)
"Forest land" means all land which is capable of supporting a
merchantable stand of timber and is not being actively used for a use which is
incompatible with timber growing. Forest land does not include agricultural
land that is or was enrolled in the conservation reserve enhancement program by
contract if such agricultural land was historically used for agricultural
purposes and the landowner intends to continue to use the land for agricultural
purposes in the future.
(9)
"Forest landowner" means any person in actual control of forest land,
whether such control is based either on legal or equitable title, or on any
other interest entitling the holder to sell or otherwise dispose of any or all
of the timber on such land in any manner: PROVIDED, That any lessee or other
person in possession of forest land without legal or equitable title to such
land shall be excluded from the definition of "forest landowner"
unless such lessee or other person has the right to sell or otherwise dispose
of any or all of the timber located on such forest land.
(10)
"Forest practice" means any activity conducted on or directly
pertaining to forest land and relating to growing, harvesting, or processing
timber, including but not limited to:
(a)
Road and trail construction;
(b)
Harvesting, final and intermediate;
(c)
Precommercial thinning;
(d)
Reforestation;
(e)
Fertilization;
(f)
Prevention and suppression of diseases and insects;
(g)
Salvage of trees; and
(h)
Brush control.
"Forest
practice" shall not include preparatory work such as tree marking,
surveying and road flagging, and removal or harvesting of incidental vegetation
from forest lands such as berries, ferns, greenery, mistletoe, herbs,
mushrooms, and other products which cannot normally be expected to result in
damage to forest soils, timber, or public resources.
(11)
"Forest practices rules" means any rules adopted pursuant to RCW
76.09.040.
(12)
"Forest trees" does not include hardwood trees cultivated by
agricultural methods in growing cycles shorter than fifteen years if the trees
were planted on land that was not in forest use immediately before the trees
were planted and before the land was prepared for planting the trees.
"Forest trees" includes Christmas trees, but does not include
Christmas trees that are cultivated by agricultural methods, as that term is
defined in RCW 84.33.035.
(13)
"Forests and fish report" means the forests and fish report to the
board dated April 29, 1999.
(14)
"Application" means the application required pursuant to RCW
76.09.050.
(15)
"Operator" means any person engaging in forest practices except an
employee with wages as his or her sole compensation.
(16)
"Person" means any individual, partnership, private, public, or
municipal corporation, county, the department or other state or local
governmental entity, or association of individuals of whatever nature.
(17)
"Public resources" means water, fish and wildlife, and in addition
shall mean capital improvements of the state or its political subdivisions.
(18)
"Timber" means forest trees, standing or down, of a commercial
species, including Christmas trees. However, "timber" does not
include Christmas trees that are cultivated by agricultural methods, as that
term is defined in RCW 84.33.035.
(19)
"Timber owner" means any person having all or any part of the legal
interest in timber. Where such timber is subject to a contract of sale,
"timber owner" shall mean the contract purchaser.
(20)
"Board" means the forest practices board created in RCW 76.09.030.
(21)
"Unconfined avulsing channel migration zone" means the area within
which the active channel of an unconfined avulsing stream is prone to move and
where the movement would result in a potential near-term loss of riparian
forest adjacent to the stream. Sizeable islands with productive timber may
exist within the zone.
(22)
"Unconfined avulsing stream" means generally fifth order or larger
waters that experience abrupt shifts in channel location, creating a complex
flood plain characterized by extensive gravel bars, disturbance species of
vegetation of variable age, numerous side channels, wall-based channels, oxbow
lakes, and wetland complexes. Many of these streams have dikes and levees that
may temporarily or permanently restrict channel movement.
