H-0896

AN ACT Relating to game fish mitigation; and adding a new chapter to Title 77 RCW.

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

NEW SECTION. Sec. 1. The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the overriding public interest.

The legislature finds that the protection and propagation of public and private fish is a recognized priority of the federal water pollution control act and state of Washington clean water act and that aquaculture is a preferred use of water in the state environmental protection act.

The legislature further finds that to meet the year 2000 trout production goals, and the estimated anglers' goals, an increase in production of one hundred percent over current maximum production will be required. To accomplish this all past and future mitigation requirements must be totally met.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the Washington department of wildlife.

(2) "Mitigation" means supplying fish, for a defined or potential damage to fish resources or fish habitat, donation, funding, or any time the department requires a person to stock or supply fish or fish eggs in connection with a project or permit.

(3) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.

(4) "Fish health requirements" means those fish health requirements actually used in wildlife regions by the department in planting wildlife fish in the same or similar areas.

(5) "Aquatic farmer" means a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products, as defined in RCW 15.85.020, on the person's own land or on land in which the person has a present right of possession in the state of Washington.

(6) "Person" means a natural person, corporation, trust, or other legal entity.

NEW SECTION. Sec. 3. All mitigation requirements are established by the department at the time of a construction project or permit approval, or other activity including a hydraulic project or logging operation that impairs fish habitat or propagation.

NEW SECTION. Sec. 4. The department shall set mitigation requirements in pounds or numbers of game fish to be stocked.

NEW SECTION. Sec. 5. At the sole discretion of the mitigator, mitigation requirements of the department may be met by the mitigator entering into a private contract with an aquatic farmer that provides the required pounds or numbers of game fish to be planted in public waters.

NEW SECTION. Sec. 6. Game fish purchased by private contract between aquatic farmers and mitigators shall meet criteria established by the department with respect to species, size, and fish health requirements. The department shall specify the planting locations within a range of release dates. No other criteria shall be required of the aquatic farmer.

NEW SECTION. Sec. 7. The department may by direct bidding, or contract purchase fish from an aquatic farmer for public stocking, or use funds that have been donated to the department for fish stocking.

NEW SECTION. Sec. 8. Any agency of state government, branch of state government, political subdivisions of the state, or sports groups may purchase game fish from an aquatic farmer for stocking in public waters.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 77 RCW.