FINAL BILL REPORT

                 SHB 1416

                         C 253 L 91

                     Synopsis As Enacted

Brief Description:  Establishing a plan for mitigation requirements if game fish habitat is impaired.

By House Committee on Fisheries & Wildlife (originally sponsored by Representatives R. King, Fuhrman, Hochstatter, Padden, Basich, Morris, Dorn, R. Meyers and Winsley).

House Committee on Fisheries & Wildlife

Senate Committee on Environment & Natural Resources

Background:  Fish and wildlife are protected under various state and federal habitat protection laws.

The Department of Wildlife can require or recommend mitigation or conditions on a variety of permits and licenses, for the purpose of wildlife protection. Recommendations to the Federal Energy Regulatory Commission for hydroelectric projects and under the Fish and Wildlife Coordination Act for Army Corps of Engineers or Bureau of Reclamation projects may include a game fish stocking component.  The fish stocking component can be met by constructing new fish hatcheries or rearing facilities, or by utilizing existing state or private hatcheries or rearing facilities.  Current law does not address which of these options is to be used.  Current law does not address how the Department of Wildlife is to define the numbers and species of fish that are required for stocking.  There is nothing in current law that prevents the purchase of fish from a private aquaculturist, either for mitigation purposes or for other purposes. 

Summary:  If the Department of Wildlife recommends or requires game fish stocking as a condition of an environmental permit or license, the department must specify the pounds, numbers, species, stock and/or race of resident game fish to be provided.  The department must allow the permittee or licensee to purchase fish that meet these requirements from private aquatic farmers in Washington. Any state or federal agency, branch of state government, political subdivision of the state, private or public utility company, corporation, or sports group may purchase game fish for stocking from an aquatic farmer.  Fish stocking is subject to all permit requirements of the Department of Wildlife.  A sunset clause terminates the provisions of the act on June 30, 1994.

Votes on Final Passage:

House  96   0

Senate 46   0    (Senate amended)

House  96   0    (House concurred)

Effective:    July 28, 1991