BP BHEAD INT S

AN ACT Relating to salmon enhancement by cooperative groups and regional fisheries enhancement groups; adding a new section to chapter 76.13 RCW; adding a new section to chapter 90.58 RCW; adding a new section to chapter 75.08 RCW; adding a new chapter to Title 75 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that cooperative groups and regional fisheries enhancement groups provide a valuable service to the state. They improve the habitat for anadromous fish and they directly enhance the populations of anadromous fish utilizing fish culture technology. The contributions provided by these groups is invaluable. The legislature recognizes that every effort must be made to encourage the development of cooperative groups and regional fisheries enhancement groups. The restoration of our anadromous fish stocks can only be accomplished by the full public participation that these groups provide.

NEW SECTION. Sec. 2. No funds for regional fisheries enhancement groups, enhancement funds, or the aquatic lands enhancement account may be diverted away from their express purposes.

NEW SECTION. Sec. 3. The department of fish and wildlife shall reassign one employee from another program to provide additional staff support for regional fisheries enhancement groups so that no additional cost shall be incurred by the department.

NEW SECTION. Sec. 4. A new section is added to chapter 76.13 RCW to read as follows:

The department of natural resources shall develop a public and private land habitat improvement program for the purposes of increasing rearing habitat for anadromous fish.

NEW SECTION. Sec. 5. The department shall inform all regional fisheries enhancement groups of any closures or proposed closures of salmon enhancement facilities owned by the department.

NEW SECTION. Sec. 6. A new section is added to chapter 90.58 RCW to read as follows:

A public or private project that is primarily designed to improve fish habitat or fish passage, that has been approved by the department of fish and wildlife, has been given, or is qualified to be given, a hydraulic permit, and local government determines that the project does 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.

NEW SECTION. Sec. 7. The department shall strive to provide fish eggs and fry to cooperative groups and regional fisheries enhancement groups in all cases after the needs of state-operated facilities have been met. In no case shall the department sell suitable viable eggs when there is a request for eggs from a cooperative group or a regional fisheries enhancement group that could be fulfilled by that particular stock of salmon egg, as determined by the department. If suitable eggs are not available, then the department shall make every effort to make available alternate salmon species, races, or stocks that could be used for fish culture purposes, with the ultimate goal being to increase the salmon resource of the state.

In establishing escapement goals the department shall negotiate for levels that will provide not less than ten thousand salmon eggs annually for each cooperative group and not less than thirty thousand salmon eggs annually for each regional enhancement group.

NEW SECTION. Sec. 8. The department of ecology shall develop legislative proposals for the 1996 legislative session that will authorize state agencies, cooperative groups, and regional fisheries enhancement groups to obtain all necessary permits for their fish enhancement projects 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. Proposed legislation is to be reported to the house of representatives fisheries and wildlife committee and the senate natural resources committee no later than January 1, 1996.

NEW SECTION. Sec. 9. The department shall approve salmon enhancement projects on a consistent basis throughout all regions of the state. A consistent policy shall be developed and administered fairly for all project applicants. The availability of broodstock, sources of eggs, allowable fish culture methods, methods of planting or supplementation, habitat improvement techniques, fish disease prevention, stock genetics, and all other factors governing salmon enhancement projects shall be defined in the policy. The goal for consistent state-wide enhancement policies is to assure all enhancement groups a fair opportunity to increase the salmon resource in a way that best utilizes their resources and talent.

The department enhancement goal is to increase salmon resources at every available opportunity, any constraints on salmon enhancement shall be based on proven scientific facts, and shall be verifiable by the scientific method.

NEW SECTION. Sec. 10. The department of transportation shall consult with the department of fish and wildlife in developing proposals to expedite the removal of impediments to anadromous fish passage caused by department of transportation roads. Proposed legislation is to be reported to the house of representatives fisheries and wildlife committee and the senate natural resources committee no later than January 1, 1996.

NEW SECTION. Sec. 11. A new section is added to chapter 75.08 RCW to read as follows:

The department of fish and wildlife shall initiate a habitat incentives program through which a private owner of forest lands may enter into an agreement with the director of fish and wildlife to enhance habitat for food fish on the landowner's property. Based on the agreement, the department may, with the concurrence of the department of natural resources, the forest practices board, affected local governments, and affected federally recognized Indian tribes, stipulate the conditions that will be considered when evaluating a future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or a forest practices permit applied for under RCW 76.09.060. The department of fish and wildlife is not obligated to enter into an agreement it does not believe is in the best interests of protecting fish life or fish habitat. After an agreement is made, future decisions pertaining to the issuance, denial, or conditioning of a hydraulic permit or a forest practices permit shall be based on the conditions present on the landowner's property at the time of the agreement, unless jointly agreed upon by all parties. If at any time during the course of the agreement any conditions of the property are currently or will become subject to federal laws or regulations, the remaining conditions shall continue to remain binding on the parties.

The agreement is binding on and may be used by only the landowner who entered into the agreement with the department of fish and wildlife. The agreement shall not be appurtenant to the land.

An agreement shall be in writing and shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.

NEW SECTION. Sec. 12. Sections 2, 3, 5, 7, and 9 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 13. This act shall take effect July 1, 1995.

NEW SECTION. Sec. 14. 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.