Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1306

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding open range laws on public land.

Sponsors: Representatives Kretz, Warnick and Short.

Brief Summary of Bill

  • Permits the owner of livestock to allow his or her livestock to run at large without prior written permission on land owned or managed by the Department of Fish and Wildlife, unless the land is located in a stock restricted area or the land is fenced to exclude livestock.

Hearing Date: 2/6/09

Staff: Jason Callahan (786-7117)

Background:

As a default rule, the owner of horses, mules, donkeys, and most cattle may, regardless of ownership, allow their animals to run at large on the land. However, a county legislative authority may designate areas of the county where the land is no longer in open range status. These areas are called stock restricted areas, and it is a misdemeanor to allow livestock to run at large within them without the permission of the landowner.

Although as a general principle livestock may run at large in an area not designated as a stock restricted area, this privilege does not apply on lands owned by the United States or the State of Washington. On these public lands, even when located in an area that is otherwise designated as open range, written permission for running livestock is needed from the United States or from the State of Washington.

Summary of Bill:

The owner of livestock is permitted to allow his or her livestock to run at large without prior written permission on land owned or managed by the Department of Fish and Wildlife, unless the land is located in a stock restricted area or the land is fenced to exclude livestock.

Appropriation: None.

Fiscal Note: Requested on 1/28/09.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.