SENATE BILL REPORT
E2SHB 210
BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Rust, Sanders, Unsoeld, Miller, Jacobsen, Valle, Todd, P. King, Pruitt and Brekke)
Creating endangered species conservation act.
House Committe on Environmental Affairs
Rereferred House Committee on Ways & Means/Appropriations
Senate Committee on Parks & Ecology
Senate Hearing Date(s):March 30, 1987; April 1, 1987
Majority Report: Do pass as amended.
Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Bluechel, Hansen, Kiskaddon.
Senate Staff:Gary Wilburn (786-7453)
April 1, 1987
AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, APRIL 1, 1987
BACKGROUND:
In 1984 the Legislature created the Joint Select Committee on Threatened and Endangered Species. The committee was directed to study the promulgation of a threatened and endangered species list, the protection of the habitat of such species, compensation and incentives to private property owners to protect such species and their habitats, and appropriate enforcement provisions.
Current state law on the protection of the habitats of endangered and threatened species is limited. In 1984 the Legislature directed the Department of Game (Game) to regulate habitat buffer zones for bald eagles. Game is authorized to acquire a variety of real property interests to enhance the protection of bald eagle habitat. Game also has the authority to classify protected or endangered species of animals. Endangered species are those in danger of extinction and protected species are those that should not be hunted or fished.
Currently there are no mandatory provisions for the protection of rare plants. The Department of Natural Resources (DNR) has the authority to acquire land for the protection of rare plants if the landowner is willing to sell or donate the property. DNR's natural heritage program also administers a registry program under which landowners may voluntarily register their property to enhance the protection of rare plants.
SUMMARY:
It is the state's policy to preserve, protect, and enhance endangered, threatened, and sensitive species; to prohibit the taking, sale, or transportation of endangered or threatened species; to protect the habitat of endangered and threatened species; and to encourage alternative dispute resolution methods.
The State Game Commission shall determine, by rule, whether any animal species is endangered, threatened, or sensitive. The Department of Natural Resources shall determine, by rule, whether any plant species is endangered, threatened, or sensitive. These determinations shall be made solely on the basis of the best scientific evidence available and after consultation with the appropriate federal and state agencies and interested persons and organizations. The factors to be evaluated in making this determination include: the present or threatened destruction of habitat, overuse, disease, predation, vandalism, the inadequacy of existing regulatory mechanisms and other factors affecting the continued existence of the species within the state. The Commission and Department shall conduct investigations of species to develop a data base relating to such information as population, habitat needs, and recovery points. The Commission or Department may withhold such information if it determines that disclosure may threaten the survival of a species.
By January 1, 1989, the Commission or Department shall issue rules containing an initial list of endangered, threatened, and sensitive species. The Commission or Department shall review the listed species every five years and shall periodically revise and amend the list. Any person may petition to change the status of a listed species, except those listed under the federal act. The Commission or Department may add a species to the list by emergency rule.
The Commission or Department shall protect sensitive species by: 1) monitoring such species to develop a data base; 2) establishing voluntary protection programs; and 3) conducting educational programs.
The Commission or Department may treat "look-alike" species as endangered or threatened species if it finds that: 1) the unlisted species so closely resembles a listed species that enforcement personnel would have a substantial difficulty differentiating between them; and 2) allowing the collection of the unlisted species could lead to commercial exploitation of the listed species.
The Commission or Department shall protect the habitat of threatened or endangered species where necessary for their survival or recovery. The Commission or Department is authorized to accomplish this by acquiring land and aquatic habitat. The power of eminent domain shall only be exercised to prevent activities which would jeopardize the continued existence of a listed species. The power of eminent domain shall not be used to acquire agricultural lands. Rules shall be established to implement this protection program and shall provide guidelines for compensating landowners.
All counties, state departments and agencies shall consult with the Commission or Department to ensure that any activity authorized, funded, or carried out by the county, state department or agency is not likely to jeopardize the continued existence of any listed species or its habitat. The Commission or Department shall determine whether the proposed county or agency action could have a significant environmental impact on any listed species or its habitat. If a significant environmental impact is found, the county, state department or agency proposing the action shall develop reasonable and prudent alternatives. If a change in land use results, the landowner shall be consulted. Rules shall be issued to establish an appeals process.
It is unlawful for any person to take, process, ship, sell, or offer for sale in this state, interstate, or foreign commerce, any endangered or threatened species or products thereof, without valid federal or state permits. An exception is made for takings that occur on private lands, state leased lands, or state trust lands when: a) the possession or sale is incidental to the possession or sale of real property upon which an endangered or threatened plant is growing; or b) the taking of an endangered or threatened plant is incidental to the production or harvest of a merchantable agricultural crop or grazing by domestic livestock. An exemption is also allowed for private parcels of land the size of two acres or less with regard to plants. The Commission or Department is authorized to grant waivers under specified conditions. The Commission or Department may issue permits for actions otherwise in violation of this chapter when such actions are conducted for scientific purposes.
Violations of this chapter are a gross misdemeanor. Each prohibited act is a separate offense. Subsequent violations within a five year period are a class C felony. This chapter may be enforced by state and local law enforcement agencies.
An endangered species stamp is authorized to provide funds for the acquisition of the habitat of endangered and threatened species and for the protection of endangered, threatened, and sensitive species. An endangered species art committee is established with nine members to select, sell, and distribute the stamp and associated prints. The committee shall have an annual audit of its finances which shall be reported to the Legislature.
SUMMARY OF PROPOSED SENATE AMENDMENT:
The Game Commission and Department of Natural Resources may not employ the authorities under the act so as to prohibit private land uses without payment of just compensation. The direction to protect endangered species is to be balanced with the needs and rights of the landowner and competing public values, including economic costs.
Fiscal Note: available
Senate Committee - Testified: Jack Davis; Ralph Hayford, South Sound Mushroom Club and Tacoma Mushroom Society; Laura Smith, The Nature Conservancy; Mark Egger, Washington Native Plant Society; Mike Yeager, WFPA; John Robinett, Washington Association of Realtors; Pam Crocker-Davis, Audubon; Cleve Pinnix, DNR; Jack Smith, Game Department