AN ACT Relating to salmon and steelhead enhancement; adding a new chapter to Title 75 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. Currently, the salmon and steelhead resources of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive fishery resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.

Disagreement and strife have dominated the salmon and steelhead fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The department of fisheries and department of game are directed to dedicate their agencies to make increasing the productivity of the resource a first priority and to seek resolution to the many conflicts that involve the resource. Success of the enhancement program can only occur if projects efficiently produce fish or restore habitat. The expectation of the program is to optimize the fish resource at all life stages by emphasizing the efficient use of funding on projects that will produce hatchery fish, restore and improve habitat, or identify ways to increase the survival of salmon and steelhead. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.

NEW SECTION. Sec. 2. (1) A salmon and steelhead rehabilitation and enhancement policy board is created to develop and monitor the implementation of a salmon and steelhead rehabilitation and enhancement program and to set the state's rehabilitation and enhancement policy.

(2) The board shall recommend to the governor and the legislature policy, administrative, and statutory changes regarding existing and future state rehabilitation and enhancement programs.

(3) The board is responsible to the governor and the legislature for performance of its duties.

(4) The board consists of three members appointed by the governor and subject to confirmation by the senate. The members shall include:

(a) One Indian tribal representative;

(b) One representative of the sportsfishing community; and

(5) Upon initial establishment of the board, the board shall elect its own chairperson.

(6) Upon initial establishment of the board, each member will draw by lot to determine which one member will serve a two-year term, four-year term, or six-year term. After the initial term, all terms shall be six years. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate one member of the board. If a vacancy occurs on the board prior to the expiration of a term, the governor shall appoint a representative replacement within thirty days to complete the remainder of the unexpired term.

(7) The legal office of the board shall be in Olympia.

NEW SECTION. Sec. 3. Persons eligible for appointment to the board shall have demonstrated general knowledge of the salmon and steelhead resources of the state and shall not hold another elective or appointive office or be employed otherwise in the fishery field concurrent with their service on the board. While serving on the board, members must be able to successfully represent the interest of the resource.

NEW SECTION. Sec. 4. The board shall hold at least eight public meetings per year to conduct official business. The board must conduct its business in compliance with the open public meetings act, chapter 42.30 RCW, and the administrative procedure act, chapter 34.04 RCW. A majority of the board members constitutes a quorum.

NEW SECTION. Sec. 5. Each board member shall be considered an exempt employee of the board and shall receive a salary equivalent to salary range sixty-four.

The board shall have the authority to employ up to ten employees to assist the board in conducting its business, subject to chapter 41.06 RCW, the state civil service law.

The board and its program shall be subject to a performance audit by the legislative budget committee by December 31, 1989.

Board members and employees shall be reimbursed for travel expenses pursuant to RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. (1) The board shall develop long-term policy statements regarding the salmon and steelhead fishery resources within six months of the board's first public meeting. The board shall develop a separate policy statement for each fishing region of the state as delineated by the board. The board shall consider the following in formulating and updating its regional policy statements:

(a) Existing resource needs;

(b) Potential for creation of new resources;

(d) Balanced utilization of natural and hatchery production;

(e) Desires of the fishing interest;

(f) Need for additional data or research; and

(g) Agencies' recommendations of public fisheries management.

(2) The board shall review and update each policy statement at least once each year.

NEW SECTION. Sec. 7. Because of the emergent nature of the situation, the board may approve emergency projects as soon as the governor appoints all of the board members. The board may fund an emergency project only if all three members vote in favor of it and if it meets the established criteria. The emergency powers of the board described in this section shall expire upon approval and funding of the enhancement plan by the legislature.

NEW SECTION. Sec. 8. (1) The board shall develop a detailed salmon and steelhead enhancement plan with proposed enhancement projects. The plan and the long-term policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by December 1, 1985. The board shall provide a maximum opportunity for the public to participate in the development of the salmon and steelhead enhancement plan. To insure full participation by all interested parties, the board shall solicit and consider enhancement project proposals from Indian tribes, sports fishermen, commercial fishermen, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon and steelhead enhancement plan. Joint or cooperative enhancement projects shall also be considered for funding.

(2) The following criteria shall be used by the board in formulating its project proposals:

(a) Compatibility with the long-term policy statement;

(b) Benefit/cost analysis;

(d) Compatibility with regional plans, including harvest management plans;

(e) Likely increase in resource productivity;

(f) Direct applicability of any research;

(g) Salmon advisory council recommendations;

(h) Department and game commission recommendations;

(i) Coordination with the salmon and steelhead advisory commission program;

(j) Economic impact to the state;

(k) Technical feasibility; and

(l) Preservation of native salmon and steelhead runs.

(3) The board shall not approve projects which serve as replacement funding for projects that exist prior to the effective date of this act, unless no other sources of funds are available.

(4) The board shall prioritize various projects and establish a recommended implementation time schedule.

NEW SECTION. Sec. 9. Upon approval by the legislature of the salmon and steelhead enhancement plan and funds for its implementation, the board shall monitor the progress of projects detailed in the salmon and steelhead enhancement plan. The board may delegate responsibility to the department of fisheries or the department of game of assisting the proponents in fulfilling statutory permit requirements for individual enhancement projects, including but not limited to those proponents with limited means to complete the permit process.

The board shall be responsible for establishing criteria which shall be used to measure the success of each project in the salmon and steelhead enhancement plan.

NEW SECTION. Sec. 10. The departments of fisheries and game shall report to the board on a quarterly basis regarding the progress and performance of each project. The board shall report to the legislature on or before January 1 of each year on the progress and performance of each project. The report shall contain an analysis of the successes and failures of the program to enable optimum development of the program. The report shall include estimates of funding levels necessary to operate the projects in future years.

The board shall submit their reports and any additional recommendations to the committees on ways and means and the committees on natural resources of the senate and house of representatives.

NEW SECTION. Sec. 11. As used in this chapter, "rehabilitation and enhancement project" means salmon or steelhead propagation activities including, but not limited to, hatcheries, spawning channels, rearing ponds, egg boxes, fishways, fish screens, stream bed clearing, erosion control, habitat restoration, net pens, applied research projects, and any equipment, real property, or other interest necessary to the proper operation thereof.

NEW SECTION. Sec. 12. Ten million dollars, or so much thereof as may be necessary, is appropriated from the state general fund for the biennium ending June 30, 1987, to the salmon and steelhead rehabilitation and enhancement policy board for the purposes of this act. The board may authorize expenditures of up to two million dollars from this appropriation for emergency projects as specified in section 7 of this act.

NEW SECTION. Sec. 13. Sections 1 through 11 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.