S-0883.1  _______________________________________________

                         SENATE BILL 5299

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator Jacobsen

Read first time 01/18/2001.  Referred to Committee on Natural Resources, Parks & Shorelines.

Allowing nonconsumptive wildlife activities on public lands.

    AN ACT Relating to nonconsumptive wildlife activities; and amending RCW 79.01.244 and 79.68.050.

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

    Sec. 1.  RCW 79.01.244 and 1979 ex.s. c 109 s 9 are each amended to read as follows:

    All state lands hereafter leased for grazing or agricultural purposes shall be open and available to the public for purposes of hunting and fishing, and for nonconsumptive wildlife activities, as defined by the department of fish and wildlife by rule, unless closed to public entry because of fire hazard or unless the department of natural resources gives prior written approval and the area is lawfully posted by lessee to prohibit hunting and fishing, and nonconsumptive wildlife activities, as defined by the department of fish and wildlife by rule, thereon in order to prevent damage to crops or other land cover, to improvements on the land, to livestock, to the lessee, or to the general public, or closure is necessary to avoid undue interference with carrying forward a departmental or agency program.  In the event any such lands are so posted it shall be unlawful for any person to hunt or fish, or pursue nonconsumptive wildlife activities, as defined by the department of fish and wildlife by rule, on any such posted lands.

    The department of natural resources shall insert the provisions of this section in all grazing and agricultural leases hereafter issued.

    Sec. 2.  RCW 79.68.050 and 1971 ex.s. c 234 s 5 are each amended to read as follows:

    Multiple uses additional to and compatible with those basic activities necessary to fulfill the financial obligations of trust management may include but are not limited to:

    (1) Recreational areas;

    (2) Recreational trails for both vehicular and nonvehicular uses;

    (3) Special educational or scientific studies;

    (4) Experimental programs by the various public agencies;

    (5) Special events;

    (6) Hunting and fishing and other sports activities;

    (7) Nonconsumptive wildlife activities as defined by the board of natural resources;

(8) Maintenance of scenic areas;

    (((8))) (9) Maintenance of historical sites;

    (((9))) (10) Municipal or other public watershed protection;

    (((10))) (11) Greenbelt areas;

    (((11))) (12) Public rights of way;

    (((12))) (13) Other uses or activities by public agencies;

    If such additional uses are not compatible with the financial obligations in the management of trust land they may be permitted only if there is compensation from such uses satisfying the financial obligations.

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