HB 1077

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

State Government & Tribal Affairs Committee

HB 1077

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying requirements concerning the public disclosure of sensitive fish and wildlife information.

Sponsors: Representatives Blake and Kretz.

Brief Summary of Bill

Allows disclosure of sensitive fish and wildlife data to government agencies, public utilities, accredited colleges and universities, tribal governments, and certain landowners.

Hearing Date: 1/24/07

Staff: Alison Hellberg (786-7152).

Background:

The Department of Fish and Wildlife (WDFW) manages more than 640 animal species and approximately 150 species of fish and shellfish. Among other activities, the WDFW issues hunting and fishing licenses, enforces habitat protection laws, removes wild animals, and arrests poachers.

The Public Records Act mandates disclosure of public records unless the record falls under a specific exemption. Certain sensitive information relating to fish and wildlife is exempt from public disclosure. The WDFW may, however, release this sensitive information to government agencies concerned with fish and wildlife resource management.

The definition of sensitive fish and wildlife data includes location data that could compromise the viability of a specific fish or wildlife population and where at least one of the following criteria is met:

a species with a known commercial or black market value;
a history of malicious take of that species; or
a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

Summary of Bill:

Sensitive fish and wildlife data may be released to the following entities and their agents for fish, wildlife, land management purposes, or scientific research needs:

government agencies;
public utilities;
accredited colleges and universities;
tribal governments; and
owner, lessee, or right-of-way or easement holder of the private land to which the data pertains.

The release of sensitive data may be subject to a confidentiality agreement. This requirement does not apply when the release of sensitive data is to an owner, lessee, or right-of-way or easement holder of private land who initially provided the data.

The definition of sensitive fish and wildlife data includes location data that could compromise the viability of a specific fish or wildlife population and where at least one of the following criteria is met:

the species has a known commercial or black market value;
a history of malicious take of that species and the species behavior or ecology renders it especially vulnerable;
a known demand to take, visit, or disturb the species; or
the species has an extremely limited distribution and concentration.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill contains an emergency clause and takes effect on July 1, 2007.