| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 2909
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: Extending the study of the state's specialized forest product resources.
Sponsors: Representatives Orcutt, Blake, Kretz, McCune and VanDeWege.
Brief Summary of Bill |
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Hearing Date: 1/31/08
Staff: Jason Callahan (786-7117).
Background:
Specialized Forest Products
A specialized forest product (SFP) is, generally, an item found in the forest with a value other
than that found with traditional timber. The term SFP is defined to include native shrubs, cedar
products, cedar salvage, processed cedar products, speciality wood, edible mushrooms, and
certain barks. Many of these terms are further defined to include items such as certain logs or
slabs of cedar, spruce, maple, and alder, along with cedar shakes and fence posts.
A SFP permit, or a true copy of the permit, is required in order to possess or transport the
following:
The SFP permit must be obtained prior to harvesting or collecting the products, even from one's
own land, and is available only from county sheriffs on forms provided by the Department of
Natural Resources (DNR). The permit be validated by a sheriff.
For cedar and speciality wood, a processor must keep records for one year of the purchase and
have a bill of lading available to accompany all cedar or speciality wood products.
Violations of the law on SFPs is punishable as a gross misdemeanor, and a convicted individual
may face a fine of up to $1,000 and/or up to one year in a county jail. In addition, a law
enforcement officer with probable cause may seize and take possession of any SFPs found and, if
the product seized was cedar or specialty wood, may also seize any equipment, vehicles, tools, or
paperwork.
An affirmative defense is available to a person being prosecuted under the SFP laws that the
SFPs in question were harvested from the defendant's own land or that the SFPs in question were
harvested with the permission of the landowner. The burden of proving the defense rests with
the defendant, who must establish the defense by a preponderance of the evidence.
Specialized Forest Products Work Group
The SFP Work Group was established in 2007 to be staffed by the DNR and to consist of
representation from the DNR, county sheriffs, prosecutors, forest landowners, tribes, wood
carvers, cedar processors, and other participants invited by the Commissioner of Public Lands.
The SFP Work Group was directed to review the SFP statutes and current laws dealing with
theft, and make recommendations relating to SFP regulations. The recommendations were to
provide tools for law enforcement, protection for landowners, not be overly burdensome, be
clear, and be administered consistently statewide.
A report from the SFP Work Group, along with draft legislation, was due by December 1, 2007.
The SFP Work Group was formed, but consensus recommendations were not identified by the
deadline.
Summary of Bill:
The SFP Work Group is reconstituted and its reporting deadline is extended from December 1,
2007 until December 1, 2008.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.