S-4421

AN ACT Relating to apiaries; amending RCW 7.48.310; adding a new section to chapter 15.60 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature declares that it is the policy of this state to promote beekeeping to maintain and enhance the pollination of plants for the production of commercial and noncommercial products. In support of this policy the legislature declares its recognition and support for efforts to enhance and encourage beekeeping operations in urban and rural areas of the state that benefit a wide range of activities such as commercial agriculture, gardening, and pollination of wildlife-supporting plants.

It is the intent of the legislature to recognize the keeping of bees for pollination of agricultural products as an agricultural activity to aid in protection of this essential activity from nuisance lawsuits.

It is the intent of the legislature in sections 3 and 4 of this act for the apiary advisory committee to provide advice and input to state agencies that own and manage lands regarding the means necessary to enhance the pollination of plants on state-owned lands while furnishing pasture for honey bees.

It is further the intent of this act to minimize inconsistent regulation of beekeeping through ordinances adopted by local governments by providing for the development of a model honey bee management system as an advisory tool available to interested local governments.

Sec. 2. RCW 7.48.310 and 1992 c 52 s 4 are each amended to read as follows:

As used in RCW 7.48.305:

(1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for pollination of agricultural products and gardens; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another.

(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.

(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other agricultural commodities.

(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.

(5) "Forest practice" means "forest practice" as defined in RCW 76.09.020.

NEW SECTION. Sec. 3. The commissioner of public lands shall confer with the apiary advisory committee established under RCW 15.60.010, for the purpose of implementing the policy under section 1 of this act and exploring the benefits to resources that could result from locating additional pollinating bees on lands managed by the department of natural resources. The discussion shall also include the benefits to beekeepers of making additional pasture for domesticated bees available at a reasonable cost.

The department shall report to the legislature by December 1, 1998, on actions taken to implement the policy in section 1 of this act.

NEW SECTION. Sec. 4. The department of fish and wildlife shall confer with the apiary advisory committee established under RCW 15.60.010, for the purpose of implementing the policy under section 1 of this act and exploring the benefits to resources that could result from locating additional pollinating bees on lands managed by the department of fish and wildlife. The discussion shall also include the benefits to beekeepers of making additional pasture for domesticated bees available at a reasonable cost.

The department shall report to the legislature by December 1, 1998, on actions taken to implement the policy in section 1 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 15.60 RCW to read as follows:

Upon the request and recommendation from the apiary advisory committee established under RCW 15.60.010, the director may establish, by rule, a model honey bee management system for the keeping of bees. The department shall make available copies of the model system to local governments or citizens upon request for their use as a guide in developing local ordinances.