6135-S AMH BLAK H4567.1

SSB 6135  - H AMD TO APPG COMM AMD (H-4459.1/12)1265
     By Representative Blake

ADOPTED 03/01/2012

     On page 23, after line 15 of the amendment, insert the following:

"Sec. 5   RCW 77.95.320 and 2009 c 340 s 2 are each amended to read as follows:
     (1) The department shall establish a program that utilizes department-partner agreements for the resumption or continued operation and management of state-owned salmonid hatcheries ((now closed or scheduled for closure during the 2009-2011 biennium)). To implement the program, the department shall accept and review applications to determine the appropriateness of the partner to manage and operate selected salmonid hatcheries. The department shall accelerate the application process relating to any hatchery currently in operation to avoid cessation of ongoing salmon production.
     (2)(a) To select a partner, the department shall develop and apply criteria identifying the appropriateness of a potential partner. The criteria must seek to ensure that the partner has a long-range business plan, which may include the sale of hatchery surplus salmon, including eggs and carcasses, to ensure the long-range future solvency of the partnership. The business plan may also allow the partner to harvest hatchery chum salmon in a designated area through persons under contract with the partner as provided under a permit from the department or by rule of the commission. All chum salmon harvested must be sold at prices commensurate with the current market and all funds must be utilized by the partner to operate the hatchery.
     (b) Partners under this section must be:
     (i) Qualified under section 501(c)(3) of the internal revenue code;
     (ii) A for-profit private entity; or
     (iii) A federally recognized tribe.
     (3) The department shall place a higher priority on applications from partners that provide for the maximum resumption or continuation of existing hatchery production in a manner consistent with the mandate contained in RCW 77.04.012 to maintain the economic well-being and stability of the fishing industry.
     (4) Agreements entered into with partners under this section must be consistent with existing state laws, agency rules, collective bargaining agreements, hatchery management policy involving species listed under the federal endangered species act, or, in the case of a tribal partner, any applicable tribal hatchery management policy or recreational and commercial harvest policy. Agreements under this section must also require that partners conducting hatchery operations maintain staff with comparable qualifications to those identified in the class specifications for the department's fish hatchery personnel.
     (5) All partnership agreements entered into under this section must contain a provision that requires the partner to hold harmless the department and the state for any civil liability arising from the partner's participation in the agreement or activities at the subject hatchery or hatcheries.
     (6) All partnership agreements entered into under this section must identify any maintenance or improvements to be made to the hatchery facility, and the source of funding for such maintenance or improvements. If funding for the maintenance or improvements is to come from state funds or revenue sources previously received by the department, the work must be performed either by employees in the classified service or in compliance with the contracting procedures set forth in RCW 41.06.142.
     (7) If deemed necessary and appropriate by the director, department enforcement officers may conduct background checks on potential partners described by subsection (2)(b)(i) and (ii) of this section prior to the department executing a partnership agreement."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  Removes the limitation on agreements between the Washington department of fish and wildlife and private sector partners to resume or continue a salmon hatchery operation that makes the agreements applicable to only hatcheries that were closed in 2009 or slated for closure in the 2009-2011 biennium. Allows certain hatchery partners to harvest and sell hatchery produced chum salmon to help fund the management of the associated hatchery. Allows for background checks for certain partner applicants.

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