BILL REQ. #:  S-4537.1 

READ FIRST TIME 02/03/10.   

     AN ACT Relating to mitigating damage to crops from migratory waterfowl; amending RCW 77.36.100 and 67.28.1815; adding a new section to chapter 77.36 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds efforts to maintain and enhance populations of migratory waterfowl, particularly snow geese, have been quite successful and provide enhanced hunting opportunities, increased opportunities for watchable wildlife enthusiasts and the public, economic stimulus to local communities from resulting tourism, and enjoyment by local residents. The legislature finds that there have been many positive contributions from increasing numbers of migratory waterfowl to residents of the state and also to residents of other countries that share the yearly migratory routes of these birds.
     The legislature also recognizes that there are disproportionate negative impacts in the form of damage to crops, such as fall planted wheat and perennial forages, that occur when a large number of birds concentrate and stay on a limited number of acres growing such green over-winter crops. Further, that if uncompensated damage associated with growing green over-wintering crops becomes sufficiently severe, farmers will have insufficient economic reason to grow these crops, which will further reduce available food and adversely affect the migratory waterfowl population.
     The legislature finds that proactive management strategies such as the quality snow goose hunting program contained in chapter 232-28 WAC, and the mutually beneficial program to reimburse costs incurred by agricultural landowners to plant winter cover crops specifically to provide feed for over-wintering migratory waterfowl, have helped to mitigate the economic impact of crop damage to farmers and sustain waterfowl populations, but that instances of significant crop damage continue to occur.
     The purpose of this act is to encourage proactive management strategies for migratory waterfowl that will promote their continued health and abundance while reducing the impacts to individual farmers, and to provide compensation for loss of crops from migratory waterfowl if these alternative proactive management strategies are ineffective.

Sec. 2   RCW 77.36.100 and 2009 c 333 s 55 are each amended to read as follows:
     (1)(a) Except as limited by RCW 77.36.070 and 77.36.080, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer ((or)), elk, or migratory waterfowl, or to the owners of commercial livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the commercial livestock has been diminished. Payments for claims for damage to commercial livestock or damage to commercial crops caused by migratory waterfowl are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not exceed the total amount specifically appropriated therefor.
     (b) Owners of commercial crops or commercial livestock are only eligible for a claim under this subsection if:
     (i) The owner satisfies the definition of "eligible farmer" in RCW 82.08.855;
     (ii) The conditions of RCW 77.36.110 have been satisfied; and
     (iii) The damage caused to the commercial crop or commercial livestock satisfies the criteria for damage established by the commission under this subsection.
     (c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and commercial livestock qualifying for compensation under this subsection. An owner of a commercial crop or commercial livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or commercial livestock, which may not be set at a value of less than five hundred dollars.
     (2)(a) The department may offer to provide noncash compensation only to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or commercial livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under this subsection.
     (b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or commercial livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
     (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this subsection.
     (b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
     (4) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim:
     (a) Is denied; or
     (b) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.36 RCW to read as follows:
     The migratory waterfowl crop damage compensation account is created in the state treasury. All voluntary donations, grants, and other moneys provided to compensate the owners of commercial crops for damage caused by migratory waterfowl must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to compensate the owners of commercial crops for damage caused by migratory waterfowl.

Sec. 4   RCW 67.28.1815 and 2008 c 264 s 3 are each amended to read as follows:
     Except as provided in RCW 67.28.180, all revenue from taxes imposed under this chapter shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. After the effective date of this act, revenue from taxes imposed under this chapter may be used to compensate landowners for commercial crop damage caused by wildlife where such commercial crops promote tourism by providing wildlife habitat. Municipalities may, under chapter 39.34 RCW, agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect July 1, 2010.