HOUSE BILL REPORT

HB 1167

BYRepresentatives Bumgarner, Sanders, C. Smith, S. Wilson, Hargrove, Fuhrman, Amondson, Schmidt, Nealey, Ferguson and D. Sommers 

Providing for wildlife management areas on private lands.

House Committe on Natural Resources

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Bumgarner, Butterfield, Cole, Dorn, Furhman, Haugen, Meyers, Schmidt, C. Smith, Spanel and S. Wilson.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES FEBRUARY 2, 1988

BACKGROUND:

The Department of Wildlife has the responsibility for managing all the state's wildlife.  This includes the authority, through the Wildlife Commission, of regulating the time, place, and manner of taking wildlife.

There is no Washington statute which prohibits a landowner from charging an access fee.  Fee access hunting in Washington has began to increase.  In 1987, a 100,000 acre tract of land near Mount Rainier National Park was opened to fee access use only.  In return for the fee, the users have access to developed facilities, timberland managed for wildlife, many roads closed to vehicle traffic, and recreation with a limited number of other users.  In other parts of the state, fee access hunting for upland birds and waterfowl commonly occurs.  Though the landowner may take management actions that increase the abundance and quality of wildlife, bag limits and hunting seasons remain the same as on other lands.

Recently, Colorado and California implemented programs that encourage private landowners to develop wildlife habitat.  In both instances, the wildlife management agency determined that the private landowners could assist in increasing wildlife habitat and wildlife populations if bag limits or hunting seasons were made more flexible, or both.

SUMMARY:

SUBSTITUTE BILL:  The state establishes a policy of actively encouraging the propagation, conservation, and utilization of wildlife on private land.  To implement this policy, the Wildlife Commission is directed to design a program that encourages private landowners to develop wildlife habitat and increase wildlife populations.

APPLICATION PROCESS:  The applicant must prepare, and have approved by the Wildlife Department, a management plan covering all land in the application.  Multiple landowners may apply with one application.  Contiguous public lands or leased lands may be included with the landowner's permission.  Each year, the applicant must prepare an annual statement of planned actions and review the actions of the previous year.

LICENSING:  An applicant must obtain a license from the Wildlife Department in order to operate a wildlife management area.  Once licensed, the applicant is exempted from obtaining any other license or permit required by the Wildlife Department, such as a game farm license.  The license remains valid for three years and may not be transferred.  Each year, the Wildlife Commission must review the license at a public hearing.  The commission may revoke the license after a public hearing.  In an emergency, the Department may close the facility immediately.

A person hunting on a wildlife management area must obtain any licenses, tags, stamps, or punchcards required by the Department. The operator must grant all citizens and groups equal access to the property.

OPERATING REQUIREMENTS:  The Department will sell to the participating landowners distinctive tags, seals, etc.  The landowner must ensure that animals taken on the property are properly tagged with those tags.  Animals may only be taken during a Commission-approved season and in compliance with Commission- established bag limits for the wildlife management area.

The Department may donate female big game animals to licensed operators.  These animals may not be used for commercial purposes. The operator may enclose an area reserved for wildlife propagation.  The enclosure may be closed to hunting and wildlife bred within the enclosure shall be released to the wildlife management area.  The captive-bred and released wildlife shall be property of the state.

Female native big game animals covered by an approved plan may be taken only by permission from the Wildlife Commission.  Taking antlerless animals shall be a last resort management procedure. When the step becomes necessary, the landowner shall give priority to offering permits to hunters under the age of 21 who have never taken a big game animal.  The landowner may require that an experienced adult hunter accompany the hunter under the age of 21.

The Department of Wildlife shall not charge the usual $20 fee for fishing derbies when the derbies are open only for juvenile anglers.

Each year, the Department must provide a report to the appropriate legislative committees.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  In addition to all provisions of the original bill, the amendment requires that the Department of Wildlife not charge the usual $20 fee when fishing derbies are open only to juveniles.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Representative Bumgarner; Craig Voegle, Boise Cascade; Terry Bair, citizen.  Bob Ace, King County Sportsmen's Council and Rich Poelker, Washington Department of Wildlife, neither opposed nor supported, but suggested additional work on the subject.

House Committee - Testified Against:      Terry Karro, Wildlife Commission; John Stone, Washington State Sportsmen's Council; Gary Geddes, Northwest Trek Wildlife Park; Paul Telford citizen; Mike Reed, State Parks and Recreation Commission.

House Committee - Testimony For:    The Department of Wildlife needs to manage for quality wildlife, cooperate with landowners in developing incentives to manage for wildlife, encourage private propagation of wildlife, and establish game propagation on tribal lands.  Current Department management does not support development of high quality, trophy-sized animals.  The proposal allows landowners an opportunity to earn additional income and enhance hunting. Private management of wildlife is commonly done world-wide and in some states.  Washington allows management of small game and upland birds now.

House Committee - Testimony Against:      When the Legislature passed ESHB 758 in 1987, it required the Wildlife Commission to report back in November, 1988 with recommendations on innovative management and methods to improve revenues.  This proposal shortcuts the process.  The bill conflicts with Wildlife's mandate to provide wildlife for all citizens of the state.  Making private parties responsible for raising wildlife is not good policy.  Leasing private land for private hunting places more pressure on the remaining lands and promotes further congestion on those lands.  The best quality lands will be tied up in private management agreements and the average hunter cannot afford the access fee.  Hunting in state parks is dangerous and incompatible with park purposes.