BP BHEAD INT H [atlas:bill]

AN ACT Relating to warm water game fish; amending RCW 75.46.170; adding new sections to chapter 77.44 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature recognizes that the warm water game fish enhancement program is increasing opportunities to fish for and catch warm water game fish.

The legislature also recognizes that there are warm water ponds, lakes, and streams in the state that provide outstanding fishing opportunities for people of all ages.

Therefore, it is the intent of the legislature to designate certain waterbodies as warm water game fish habitat in order to preserve and protect them for current and future generations.

NEW SECTION. Sec. 2. A new section is added to chapter 77.44 RCW to read as follows:

The department shall designate specific ponds, lakes, rivers, and streams in the state as warm water game fish habitat. Once a waterbody has received such a designation, it shall be managed to increase the opportunities to fish for and catch warm water game fish.

At a minimum, the following waterbodies shall be designated as warm water game fish habitat:

Adams county: Cow Lake, Hutchinson Lake, Shiner Lake, and Sprague Lake;

Benton county: Columbia Park Pond;

Chelan county: Antilon Lake and Roses Lake;

Clark county: Lacamas Lake, Merwin Reservoir, and Vancouver Lake;

Cowlitz county: Horseshoe Lake, Kress Lake, and Silver Lake;

Grant county: Alkali Lake, Banks Lake, Billy Clapp Reservoir, Evergreen Reservoir, Frenchman Lake, Lower Goose Lake, Moses Lake, Potholes Reservoir, Redrock Lake, Stan Coffin Lake, and Winchester Lake (Reservoir);

Franklin county: Clark Pond and Scooteny Reservoir;

King county: Green Lake;

Kittitas county: Fio Rito Lakes and McCabe Pond;

Lewis county: Mayfield Reservoir, South Lewis County Park Pond, and Swofford Pond;

Okanogan county: Palmer Lake, Washburn Island Pond, and Whitestone Lake;

Pierce county: American Lake and Harts Lake;

San Juan county: Hummel Lake;

Skagit county: Big Lake and Campbell Lake;

Snohomish county: Gissberg Ponds;

Spokane county: Liberty Lake and Newman Lake;

Thurston county: Chambers Lake, Little Chambers Lake, and Longs Pond;

Whatcom county: Fazon Lake, Terrell Lake, and Whatcom Lake; and

Yakima county: I‑82 ponds 2, 3, 4, 5, 6, and 7, Rotary Lake, Sarge Hubbard Pond, and Wenas Lake.

NEW SECTION. Sec. 3. A new section is added to chapter 77.44 RCW to read as follows:

The department shall provide an annual report to the legislature by December 31st of each year, beginning December 31, 2000, of the waterbodies designated as warm water game fish habitat under section 2 of this act. The report shall include the status of warm water game fish by waterbody and a list of habitat enhancement projects completed during the calendar year that benefit warm water game fish.

Sec. 4. RCW 75.46.170 and 1999 sp.s. c 13 s 5 are each amended to read as follows:

(1) The ((~~[salmon recovery funding]~~)) salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.

(2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

(i) Are based upon the limiting factors analysis identified under RCW 75.46.070;

(ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;

(iii) Will benefit listed species and other fish species; and

(iv) Will preserve high quality salmonid habitat.

(b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:

(i) Are the most cost-effective;

(ii) Have the greatest matched or in-kind funding; and

(iii) Will be implemented by a sponsor with a successful record of project implementation.

(3) In evaluating, ranking, and awarding funds for projects and activities, the board shall give lesser preference to projects located in designated warm water game fish habitat.

(4) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.

((~~(4)~~)) (5) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

((~~(5)~~)) (6) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 75.46.070, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.

((~~(6)~~)) (7) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 75.46.060, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.

((~~(7)~~)) (8) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.