H-1068              _______________________________________________

                                                   HOUSE BILL NO. 1499

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Hargrove, Belcher, Beck, Basich, Rector and Ferguson

Read first time 1/27/89 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to fish and wildlife enhancement; adding a new section to chapter 75.08 RCW; adding a new section to chapter 77.12 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     In an effort to increase the amount of habitat available for fish and wildlife it is desirable for the departments of fisheries and wildlife to work closely with landowners.  In some instances landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult.  It is the intent of this act to provide a mechanism which facilitates habitat development while avoiding an adverse impact on the landowner at a later date.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.08 RCW to read as follows:

          The department of fisheries shall initiate a habitat incentives program through which an owner of forest lands may enter into an agreement with the director of fisheries to enhance habitat for food fish on the landowner's property.  Based on the agreement, the department may, with the concurrence of the departments of natural resources and wildlife, stipulate the conditions which the departments will consider when evaluating any future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or any forest practices permit applied for under RCW 76.09.060.  Unless jointly agreed upon by all parties, the future decisions pertaining to the issuance, denial, or conditioning of a hydraulic permit or a forest practice permit shall be based on the conditions present on the landowner's property at the time of the agreement.  The stipulations shall not be appurtenant to the land.

          Any stipulation shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.

NEW SECTION. Sec. 3.  A new section is added to chapter 77.12 RCW to read as follows:

          The department of wildlife shall initiate a habitat incentives program through which an owner of forest lands may enter into an agreement with the director of wildlife to enhance habitat for wildlife on the landowner's property.  Based on the agreement, the department may, with the concurrence of the departments of natural resources and fisheries, stipulate the conditions which the departments will consider when evaluating any future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or any forest practices permit applied for under RCW 76.09.060.  Unless jointly agreed upon by all parties, the future decisions pertaining to the issuance, denial, or conditioning of a hydraulics permit or a forest practice permit shall be based on the conditions present on the landowner's property at the time of the agreement.  The stipulations shall not be appurtenant to the land.

          Any stipulation shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.