HOUSE BILL REPORT

HB 210

BYRepresentatives Rust, Sanders, Unsoeld, Miller, Jacobsen, Valle, Todd, P. King, Pruitt and Brekke

Creating endangered species conservation act.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (10)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Lux, Pruitt, Schoon, Sprenkle and Unsoeld.

Minority Report:     Do not pass.  (4)

     Signed by Representatives Ferguson, May, D. Sommers and Walker.

House Staff:Bonnie Austin (786-7107)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The second substitute be substituted therefor and the second substitute bill do pass.  (13)

     Signed by Representatives Locke, Chair; Allen, Belcher, Brekke, Ebersole, Grimm, Hine, McMullen, Niemi, Peery, Sayan, H. Sommers and Sprenkle.

Minority Report:     Do not pass.  (5)

     Signed by Representatives Fuhrman, McLean, Nealey, Silver and B. Williams.

House Staff:    Randy Acker (786-7153)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

MARCH 7, 1987

BACKGROUND:

In 1984 the legislature created the Joint Select Committee on Threatened and Endangered Species. The committee is composed of six members of the House and six members of the Senate.  The committee was directed to study the promulgation of a threatened and endangered species list, the protection of the habitat of such species, compensation and incentives to private property owners to protect such species and their habitats, and appropriate enforcement provisions.

Current state law on the protection of the habitats of endangered and threatened species is limited.  In 1984 the legislature directed the Department of Game (Game) to regulate habitat buffer zones for bald eagles.  Game is authorized to acquire a variety of real property interests to enhance the protection of bald eagle habitat. Game also has the authority to classify protected or endangered species of animals.  Endangered species are those in danger of extinction and protected species are those that should not be hunted or fished.

Currently there are no mandatory provisions for the protection of rare plants.  The Department of Natural Resources (DNR) has the authority to acquire land for the protection of rare plants if the landowner is willing to sell or donate the property.  DNR's natural heritage program also administers a registry program under which landowners may voluntarily register their property to enhance the protection of rare plants.

SUMMARY:

SECOND SUBSTITUTE:  It is the state's policy to preserve, protect, and enhance endangered, threatened, and sensitive species; to prohibit the taking, sale, or transportation of endangered or threatened species; to protect the habitat of endangered and threatened species; and to encourage alternative dispute resolution methods.

The State Game Commission shall determine, by rule, whether any animal species is endangered, threatened, or sensitive.  The Department of Natural Resources shall determine, by rule, whether any plant species is endangered, threatened, or sensitive.  These determinations shall be made solely on the basis of the best scientific evidence available and after consultation with the appropriate federal and state agencies and interested persons and organizations.  The factors to be evaluated in making this determination include:  the present or threatened destruction of habitat, overuse, disease, predation, vandalism, the inadequacy of existing regulatory mechanisms and other factors affecting the continued existence of the species within the state. The commission and department shall conduct investigations of species to develop a data base relating to such information as population, habitat needs, and recovery points.  The commission or department may withhold such information if it determines that disclosure may threaten the survival of a species.

By January 1, 1989, the commission or department shall issue rules containing an initial list of endangered, threatened, and sensitive species.  The commission or department shall review the listed species every five years and shall periodically revise and amend the list.  Any person may petition to change the status of a listed species, except those listed under the federal act.  The commission or department may add a species to the list by emergency rule.

The commission or department shall protect sensitive species by: 1)  monitoring such species to develop a data base; 2) establishing voluntary protection programs; and 3) conducting educational programs.

The commission or department may treat "look-alike" species as endangered or threatened species if it finds that: 1) the unlisted species so closely resembles a listed species that enforcement personnel would have a substantial difficulty differentiating between them; and 2)  allowing the collection of the unlisted species could lead to commercial exploitation of the listed species.

The commission or department shall protect and regulate the habitat of threatened or endangered species where necessary for their survival or recovery.  The commission or department is authorized to acquire land and aquatic habitat.  The power of eminent domain shall only be exercised to prevent activities which would jeopardize the continued existence of a listed species.  The power of eminent domain shall not be used to acquire agricultural lands.  Rules shall be established to implement this program and shall provide guidelines for compensating landowners.

All counties, state departments and agencies shall consult with the commission or department to ensure that any activity authorized, funded, or carried out by the county, state department or agency is not likely to jeopardize the continued existence of any listed species or its habitat.  The commission or department shall determine whether the proposed county or agency action could have a significant environmental impact on any listed species or its habitat.  If a significant environmental impact is found, the county, state department or agency proposing the action shall develop reasonable and prudent alternatives.  If a change in land use results, the landowner shall be consulted.  Rules shall be issued to establish an appeals process.

It is unlawful for any person to take, process, ship, sell, or offer for sale in this state, interstate, or foreign commerce, any endangered or threatened species or products thereof, without valid federal or state permits.  An exception is made for takings that occur on private lands, state leased lands, or state trust lands when:  a) the possession or sale is incidental to the possession or sale of real property upon which an endangered or threatened plant is growing; or b) the taking of an endangered or threatened plant is incidental to the production or harvest of a merchantable agricultural crop or grazing by domestic livestock. The commission or department is authorized to grant waivers under specified conditions. The commission or department may issue permits for actions otherwise in violation of this chapter when such actions are conducted for scientific purposes.

Violations of this chapter are a gross misdemeanor.  Each prohibited act is a separate offense.  Subsequent violations within a five year period are a class C felony.  This chapter may be enforced by state and local law enforcement agencies.

An endangered species stamp is authorized to provide funds for the acquisition of the habitat of endangered and threatened species and for the protection of endangered, threatened, and sensitive species. An endangered species art committee is established with nine members to select, sell, and distribute the stamp and associated prints.  The committee shall have an annual audit of its finances which shall be reported to the legislature.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  A definition of "merchantable agricultural crop" is added.  "Take" does not include incidental harm resulting from implementation of a land use permit authorized in conjunction with the agency consultation provisions.

The power of eminent domain may be used when necessary to prevent activities that would jeopardize the continued existence of a listed species.  However, this power may not be used to acquire agricultural lands.

An environmental impact analysis prepared under the federal act may be substituted for an analysis prepared under state law.

Consultation is required only for species listed at the time the permit application was received or the public project submitted for threshold determination under SEPA.  Counties are required to consult with the department or commission when taking action which may affect a listed species.

An endangered species stamp is authorized to provide funds for the acquisition of the habitat of endangered and threatened species and for the protection of endangered, threatened and sensitive species. An endangered species art committee is established with nine members to select, sell, and distribute the stamp and associated prints.  The committee shall have an annual audit of its finances, which shall be provided to the legislature.

Appropriations are made from the general fund of $251,800 to the department of game and $307,000 to the department of natural resources.

SECOND SUBSTITUTE COMPARED TO FIRST SUBSTITUTE:  Fungi are removed from the definition of plants.  The Department of Natural Resources is given the authority to include fungi under the definition of plants.  The section permitting persons to bring suit against the state under this act is removed.  The appropriation is removed.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  Fungi are removed from the definition of plants.  The Department of Natural Resources is given the authority to include fungi under the definition of plants.  The section permitting persons to bring suit against the state under this act is removed.  The appropriation is removed.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Environmental Affairs)  Department of Game; Department of Natural Resources; Department of Transportation; Washington Cattlemen's Association; Washington Forest Protection Association; Audubon Society; Washington Native Plant Society.

(Ways & Means/Appropriations)  Pam Crocker-Davis, Audubon Society; Cleve Pinnix, Department of Natural Resources; Laura Smith, Nature Conservancy; Mark Egger, Washington Native Plant Society.

House Committee - Testified Against: (Environmental Affairs)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Environmental Affairs)  Protection of rare species is necessary to preserve the diversity of life.  Diversity is needed to protect rare gene pools that may prove medically or scientifically valuable.  There is currently no mandatory protection for the habitats of endangered and threatened species of plants and animals.  There is no mandatory protection for rare plants, and the only protection for animals is for endangered animals.  This bill has been worked out over several years of negotiations and meets the minimum needs of all participating groups.

(Ways & Means/Appropriations)  This bill is the result of work by a number of diverse interest groups and represents a cooperative effort to protect endangered and threatened plants and animals as well as their habitats.

House Committee - Testimony Against: (Environmental Affairs)  None Presented.

(Ways & Means/Appropriations)  None Presented.