BILL REQ. #:  H-3760.1 

Read first time 01/28/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to wood debris; and amending RCW 76.42.030, 76.42.060, and 77.55.041.

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

Sec. 1   RCW 76.42.030 and 1994 c 163 s 3 are each amended to read as follows:
     (1) The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by private contractors, department of natural resources employees, or by other public bodies.
     (2) When wood debris is interfering or threatening to interfere with the operation of a dam, the department of natural resources must use the authority granted in this section to either remove or authorize the removal of the wood debris within thirty days of the dam operator or affected utility district providing written notice to the commissioner of public lands that wood debris is interfering or threatening to interfere with a dam's operation.
     (3) Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for ((his)) the individual's own personal use.

Sec. 2   RCW 76.42.060 and 2003 c 39 s 37 are each amended to read as follows:
     (1) Except as otherwise provided in this section, it shall be unlawful to dispose of wood debris by depositing such material into any of the navigable waters of this state((, except as)).
     (2)(a) Wood debris may be deposited into navigable waters of the state if authorized by law ((including)). Lawful wood debris deposits include any discharge or deposit allowed to be made under and in compliance with chapter 90.48 RCW and any rules duly adopted thereunder or any deposit allowed to be made under and in compliance with chapter 76.09 or 77.85 RCW and any rules duly adopted under those chapters.
     (b) Wood debris that is removed under RCW 76.42.030 for interference with a dam's operation may not be returned to the navigable waters of the state or deposited upon river banks or riparian shoreline areas.
     (3) Violation of this section shall be a misdemeanor.

Sec. 3   RCW 77.55.041 and 2005 c 146 s 302 are each amended to read as follows:
     The removal of ((derelict fishing gear)) the following material does not require a permit under this chapter:
     (1) Derelict fishing gear if the gear is removed according to the guidelines described in RCW 77.12.865; and
     (2) Wood debris if the wood debris is removed under RCW 76.42.030 for interference with a dam's operation.