5064-S2

AN ACT Relating to regional fisheries enhancement program; amending RCW 75.52.035, 75.50.110, and 75.50.120; reenacting and amending RCW 75.50.100; adding new sections to chapter 75.50 RCW; adding new sections to chapter 90.58 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) Regional enhancement groups are a valuable resource for anadromous fish recovery. They improve critical fish habitat and directly contribute to anadromous fish populations through fish restoration technology.

(2) Due to a decrease in commercial license and salmon punchcard sales, regional enhancement groups are receiving less financial resources at a time when recovery efforts are needed most.

(3) To maintain fisheries enhancement groups as an effective enhancement resource, technical assets of state agencies must be coordinated and utilized to maximize the financial resources of regional enhancement groups and overall fish recovery efforts.

NEW SECTION. Sec. 2. The department shall whenever possible provide timely, no-cost engineering and other technical services as needed by regional fisheries enhancement groups for structural design of enhancement projects. The department may coordinate with other local, state, and federal agencies, institutions of higher education, and affected tribes to accomplish this goal.

NEW SECTION. Sec. 3. The department of transportation shall cooperate with the department to provide timely, no-cost engineering services needed by regional fisheries enhancement groups for the removal of impediments to anadromous fish passage caused by state roads and highways.

NEW SECTION. Sec. 4. The department's habitat division shall work with cities and counties and regional fisheries enhancement groups to develop a program to identify and expedite the removal of impediments to anadromous fish passage. A priority under this section shall be projects that immediately increase access to available and improved spawning and rearing habitat for threatened and endangered stocks. The department may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.

A report on the progress of impediment identification and removal and the need for additional legislative action shall be submitted to the senate and the house of representatives natural resources committees no later than January 1, 1996.

NEW SECTION. Sec. 5. The department shall coordinate with federal, state, and local agencies, tribal governments, and private business to develop an information bank for the purposes of fish and habitat enhancement. The information bank shall include, but is not limited to, surveys, habitat and land use data, maps, and other fishery enhancement resources.

NEW SECTION. Sec. 6. The department and the regional fisheries enhancement group advisory board shall jointly develop accounting procedures and standards in consultation with the office of financial management for the use of regional fisheries enhancement group funds.

NEW SECTION. Sec. 7. The department shall expand efforts to distribute and field test coho and chinook salmon remote site incubators. Whenever possible, remote site incubator placement shall be coordinated in conjunction with regional fisheries enhancement group efforts. The department shall not utilize the efforts of the regional fisheries enhancement groups to supplant or replace existing department fish production programs. Regional salmon enhancement group projects that augment fish populations shall be given equal standing with projects that improve habitat.

NEW SECTION. Sec. 8. The department shall provide or approve opportunities for the establishment of hatchery harvest projects conducted by regional fisheries enhancement groups. The department shall identify viable sites in which an excess of returning hatchery salmon, produced by regional fisheries enhancement groups, may be sold commercially for profit. Regional fisheries enhancement groups may propose strategies designed to optimize the revenue from sale of salmon and salmon parts and to dispose of all salmon and salmon parts that return to the harvest site. Such strategies must be reviewed and approved by the department. The department shall report annually on the progress of the projects to the senate and the house of representatives natural resources committees beginning January 1, 1996.

Sec. 9. RCW 75.52.035 and 1993 sp.s. c 2 s 51 are each amended to read as follows:

The department ((~~may~~)) shall authorize the sale of ((~~surplus~~)) excess salmon eggs and carcasses by permitted cooperative projects and regional fisheries enhancement groups for the purposes of ((~~defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales~~)) providing income to expand fisheries enhancement projects. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

NEW SECTION. Sec. 10. The department shall maintain a minimum of three and one-half full-time equivalent regional enhancement biologists to support the regional fisheries enhancement group program. The department shall make every effort to include at least one full-time engineer within the regional fisheries enhancement group program.

NEW SECTION. Sec. 11. A new section is added to chapter 90.58 RCW to read as follows:

A regional fisheries enhancement group or cooperative group project, that is primarily designed to improve fish habitat or fish passage; has been approved by the department of fish and wildlife; has been given, or is qualified to be given, a hydraulic permit; and has been determined by local government to not substantially affect other concerns of this chapter, is exempt from the permitting requirements of this chapter. A letter of exemption must be obtained from the local government, which shall be provided in a timely manner.

Sec. 12. RCW 75.50.110 and 1990 c 58 s 4 are each amended to read as follows:

A regional fisheries enhancement group advisory board is established ((~~to make recommendations to the director~~)). The advisory board shall make recommendations regarding regional enhancement group ((~~rearing~~)) project proposals ((~~and funding of those proposals~~)), however, the department has the authority of final approval of project proposals based solely on biologic criteria, wild stock management concerns, and compatibility with tribal fishing rights, prior to funding. The members shall be appointed by the director and consist of two commercial fishing representatives, two recreational fishing representatives, ((~~and three~~)) one at-large position((s)), and two representatives from regional fisheries enhancement groups. No more than one advisory board member shall be from the same regional group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement advisory board.

The duties of the regional fisheries enhancement group advisory board include: Assistance with resolution of disputes between regional fisheries enhancement groups and the department; the coordination and dissemination of information, resources, and finances; the monitoring of projects and allocation of funds; and the identification of impediments to regional fisheries enhancement group success and the need for additional legislative action. The regional fisheries enhancement group advisory board shall meet at least quarterly.

The department shall invite the advisory board to comment and provide input into all relevant policy initiatives including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.

The department may use account funds to provide agency assistance to the groups. The level of account funds used by the department shall be determined by the director after review and recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.

Sec. 13. RCW 75.50.120 and 1990 c 58 s 5 are each amended to read as follows:

The department and the regional fisheries enhancement group advisory board shall report biennially to the senate ((~~environment and natural resources committee,~~)) and the house of representatives ((~~fisheries and wildlife~~)) natural resources committees, the senate ways and means committee and house of representatives fiscal committees, or any successor committees beginning October 1, 1991. The report shall include but not be limited to the following:

(1) An evaluation of enhancement efforts;

(2) A description of projects;

(3) A region by region accounting of financial contributions and expenditures including the enhancement group account funds; ((~~and~~))

(4) Volunteer participation and member affiliation; and

(5) Suggestions for legislative action that would further the enhancement of salmonid resources.

The regional fisheries enhancement group advisory board shall make bi-annual reports to the senate and the house of representatives natural resources committees. The reports shall include proposals for legislation and findings as to the success of regional fisheries enhancement group efforts.

Sec. 14. RCW 75.50.100 and 1993 sp.s. c 17 s 11 and 1993 c 340 s 53 are each reenacted and amended to read as follows:

The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. As of January 1, 1996, no regional fisheries enhancement group year ending balance shall exceed the sum of one hundred thousand dollars, unless the regional fisheries enhancement advisory group determines that additional funds are merited for enhancement activities.

A surcharge of one dollar shall be collected on each recreational personal use food fish license sold in the state. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses. This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts. The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The director shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

NEW SECTION. Sec. 15. A new section is added to chapter 90.58 RCW to read as follows:

All permits required for fish enhancement projects shall be provided at no cost, provided that the enhancement project is designed to benefit the fish and wildlife resources of the state, and the fish and wildlife resources are available for use by all citizens of the state.

NEW SECTION. Sec. 16. 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. 17. Sections 2 through 8 and 10 are each added to chapter 75.50 RCW.

NEW SECTION. Sec. 18. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act shall be null and void.

NEW SECTION. Sec. 19. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.