S-501                 _______________________________________________

                                                   SENATE BILL NO. 3237

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Hansen, Barr, Bauer, Bailey, Goltz, Newhouse and Benitz

Read first time 1/22/85 and referred to Committee on Agriculture.

AN ACT Relating to private property; and amending RCW 77.12.655.

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

        Sec. 1.  Section 3, chapter 239, Laws of 1984 and RCW 77.12.655 are each amended to read as follows:

          The department, in accordance with chapter 34.04 RCW, shall adopt ((and enforce)) necessary rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles. Such rules may be implemented and enforced through existing governmental programs as indicated in RCW 77.12.650.  The rules shall also establish guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such designated properties.  Nothing contained in this section shall be construed to infringe on the right of a private property owner to farm or otherwise utilize private property for agricultural purposes, nor shall the department of game exercise the power of condemnation unless an appropriation has been made by the legislature for the acquisition of a specific property.  The department shall also adopt rules to provide adequate notice to property owners of their options under RCW 77.12.650 through 77.12.660.