HB 2285 — Establishing a reporting process for the department of natural resources regarding certain marbled murrelet habitat information.

H-3951.2SUBSTITUTEH-3257.2HOUSE HOUSE BILL 2285State of Washington65th Legislature2018 Regular SessionBy House Agriculture & Natural Resources (originally sponsored by Representatives Chapman, Tarleton, Lytton, Tharinger, Blake, and Appleton)READAppletonPrefiled FIRST12/14/17. TIME 01/19/18.AN ACT Relating to establishing a reporting process for the department of natural resources regarding certain marbled murrelet habitat information;

Read first time 01/08/18.

Referred to Committee on Agriculture & Natural Resources.AN ACT Relating to establishing a reporting process for the department of natural resources regarding certain marbled murrelet habitat information;

The board of natural resources is in the process of deciding upon and submitting a proposed amendment of the 1997 state trust lands habitat conservation plan to the United States department of fish and wildlifewildlife. service, which has jurisdiction on species listed in the endangered species act.

The proposed amendment will, if approved by the United States department of fish and wildlifewildlife, service, amend the existing plan and grant a fifty-year incidental take permit for department of natural resources-managed lands within the habitat of the marbled murrelet.(2) The legislature finds that ending a twenty-year period of encumbered lands uncertainty through federal approval of a fifty-year marbled murrelet incidental take permit under the federal endangered species act will provide certainty for the beneficiaries of the affected state lands and state forestlands:forestlands;

Ourour schools, counties, and junior taxing districts.

The legislature further finds that protecting the habitat of the marbled murrelet is beneficial to the state and our environment.environment, but such protection will have impacts, specifically on timber jobs in our rural communities and lost trust revenues to our schools, counties, and junior taxing districts through reduced timber harvests.(3) It is the intent of the legislature to support protection of the habitat of the marbled murrelet, while mitigating the impacts of that protection by requiring the commissioner of public lands to appoint and convene an advisory council to assist the commissioner in developing a report, with recommendations, to the legislature.(4) It is the further intent of the legislature that the report identified in subsection (3) of this section include recommendations that may be adopted under state law that include:

ProtectionNo andnet recoveryloss of the marbled murrelet may have impacts, specifically on timber jobs in our rural communities and lost revenues to our schools, counties, and junior taxing districts through reduced timber harvests.(3) It is the intentaffected of the legislature to support protection of the habitat of the marbled murrelet, maintain and enhance rural economiccommunities; vitality, and mitigate any impacts by requiring the commissioner of public lands to appoint and convene an advisory committee to assist the commissioner in developing a report, with recommendations, to the legislature.(4) It is the further intent of the legislature that the report identified in subsection (3) of this section include recommendations on:

(a)no Actionsnet thatloss support maintaining or increasing family-wage timber and related jobs in the affected rural communities, taking into account the role of otherrevenues marketto factors, and technological and other changes in industry practices that decrease the numbertrust ofbeneficiaries, peopleincluding neededschools, tocounties, harvest and processjunior timber;taxing districts;

(b)and potential additional conservation measures for the marbled murrelet that meet the no net loss ofthreshold for jobs and revenues to the trust beneficiaries;beneficiaries.NEW SECTION.  Sec. 2.  A new section is added to chapter 43.30 RCW under the subchapter heading "powers and duties---general" to read as follows:By December 1, 2018, and each December 1st thereafter until the December 1st after the 1997 state trust lands habitat conservation plan is amended and an incidental take permit has been issued by the United States fish and wildlife service to the department covering the habitat of the marbled murrelet, the department must provide a report to the legislature.

(c)The additionalreport meansmust ofinclude:(1) financingAn countyeconomic services;analysis of:

and(a) (d)The additionalnet reasonableloss conservationor measuresgain forof therevenues marbled murrelet that support a viable population in Washington state and that may also provide economic benefits to rural communities.NEW SECTION.  Sec. 2.  A new section is added to chapter 43.30 RCW under the subchapter heading "powers and duties---general" to read as follows:By December 1, 2018, and each Decemberof 1st thereafter until the Unitedtrust Statesbeneficiaries fishfrom anda wildlifeproposed servicemarbled issuesmurrelet an incidental take permit on the state trust land habitat conservation plan forapproved theby long-term conservation strategy for the marbledboard: murrelet, the department must provide a report to the legislature as required in section 1 of this act.

No(i) fewerFor thanconsideration ninetyby days before submitting the reportpublic to the legislature as described in this section, the department must first submit a draft of the report for review and commentsubject to thean chairenvironmental andimpact rankingstatement; member of the committees of the house of representatives and senate with jurisdiction over state lands.

Theand report(ii) mustforwarded includeto anor economicapproved analysisby of:the United States fish and wildlife service;

(1)and The(b) the potential net loss or gain of revenuesjobs tofor each ofimpacted thecounty;(2) trustRecommendations beneficiariesfor fromconsideration a proposed marbled murrelet habitat conservation plan approved by the boardlegislature: and forwarded to or approved by the United States fish and wildlife service;

(2)(a) To offset the identified potential net loss or gain of jobsrevenues forto eachthe impactedbeneficiaries; county;

and(b) (3) economic activity benefits from additional conservation measures that support murrelet protection and recovery.NEW SECTION.  Sec. 3.  A new section is added to chapteroffset 43.30 RCW under the subchapteridentified headingloss "powersof andjobs duties---general" to read as follows:(1) To assist the department in developing and providing the reportrural tocommunities; the legislature required in section 2 of this act, the commissioner of public lands must appoint a marbled murrelet advisory committee.

and (c) for policies that may be adopted before the dates that the losses are projected to occur;(3) Recommendations for consideration by the legislature for additional marbled murrelet conservation measures;

and(4) Recommendations for consideration by the legislature for modifications, if any, on the definition of arrearage under RCW 79.10.300 that may provide additional certainty with respect to timber revenues to impacted trust beneficiaries.NEW SECTION.  Sec. 3.  A new section is added to chapter 43.30 RCW under the subchapter heading "powers and duties---general" to read as follows:To assist the department in developing and providing the report to the legislature required in section 2 of this act, the commissioner of public lands must appoint a marbled murrelet advisory committee.

(a)(1) Include one or more representatives from:

a statewide association representingto privateprotect forestforests; landowners;

and (b)(2) consult with relevant state and federal agencies and tribes.(2)tribes.--- InEND the--- event of any subsequent amendment to the 1997 state trust lands marbled murrelet habitat conservation plan, the commissioner must appoint a subsequent marbled murrelet advisory committee.

The composition of the committee shall be as described in subsection (1) of this section.

The committee must remain in existence until the subsequent amendment has been adopted.--- END ---