BP BHEAD INT S

AN ACT Relating to the authority of the state commission on fish and wildlife; amending RCW 77.04.040, 77.04.055, 77.04.080, 75.08.080, 75.25.095, 75.30.060, 75.50.010, 75.50.020, 75.50.030, 75.50.040, 75.50.050, 75.50.070, 75.50.110, 75.50.130, 75.52.050, 75.08.014, and 77.04.060; adding a new section to chapter 43.300 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the authority of the state commission on fish and wildlife and the authority of the director of the department of fish and wildlife need clarification for the purposes of providing a unifying policy and a cooperative working relationship between the decision-making entities of the department.

The legislature intends to improve the management of the fish and wildlife resources of the state, to provide improved access for the citizens of the state to the policymaking process, and to increase the responsiveness of the agency to the needs of both the resource and the people of the state.

The legislature finds that all fish, shellfish, and wildlife species should be managed under a single comprehensive set of goals, policies, and objectives, and that the fish and wildlife commission should perform that function. The fish and wildlife commission shall have a greater role in the selection of the director of the agency by interviewing candidates and providing the governor with a list of candidates from which the governor shall select the director.

The legislature finds that the director should have the final authority to approve department agreements, but that the director should work cooperatively with the commission to inform them of the issues at hand, and to seek their approval. The director shall prepare the department budget and shall administer the department budget, but the director shall submit the proposed budget to the fish and wildlife commission within sufficient time for the commission to hold public hearings and to recommend changes to the director. The director shall have rule-making authority for the day-to-day management of commercial fisheries for food fish and shellfish within the overall policies set by the commission.

Sec. 2. RCW 77.04.040 and 1993 sp.s. c 2 s 61 are each amended to read as follows:

Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of ((~~game~~)) fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of ((~~game~~)) fish and wildlife. Persons eligible for appointment as fish and wildlife commissioners shall not have a monetary interest in any private business that is involved with consumptive or nonconsumptive use of ((~~game~~)) fish or wildlife.

Sec. 3. RCW 77.04.055 and 1993 sp.s. c 2 s 62 are each amended to read as follows:

(1) In establishing policies to preserve, protect, and perpetuate wildlife, ((~~game~~)) fish, and wildlife and ((~~game~~)) fish habitat, the commission shall meet annually with the governor to:

(a) Review and prescribe basic goals and objectives related to those policies; and

(b) Review the performance of the department in implementing ((~~game~~)) fish and wildlife policies.

The commission shall maximize ((~~game fish~~)) fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

(3) The commission shall establish fishing seasons and prescribe the time, place, manner, and methods that may be used to recreationally harvest food fish and shellfish.

(4) The commission shall develop the overall goals, policies, and objectives of the department of fish and wildlife and shall conduct public hearings on the goals, policies, and objectives.

(5) The commission shall consult with and advise the director on department agreements involving tribal, interstate, international, and other issues.

(6) The commission shall make recommendations to the director for the department's budget proposals after conducting public hearings on the budget proposals.

(7) The commission shall participate in the legislative process to assure that the approved agency budget reflects the goals, policies, and objectives of the commission.

(8) The commission shall select its own staff, which shall serve at the pleasure of the commission.

Sec. 4. RCW 77.04.080 and 1993 sp.s. c 2 s 64 are each amended to read as follows:

Persons eligible for appointment by the governor as director shall have practical knowledge of the habits and distribution of fish and wildlife. ((The governor shall seek recommendations from the commission on the qualifications, skills, and experience necessary to discharge the duties of the position. When considering and selecting the director, the governor shall consult with and be advised by the commission.)) The governor shall request a list of at least three qualified applicants for the position of director from the fish and wildlife commission and shall select one of the qualified applicants from the commission recommendations as the director. The commission shall select an interim director to act during the period when the governor is making the decision. The director shall receive the salary fixed by the governor under RCW 43.03.040.

The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.

The director may appoint and employ necessary departmental personnel. The director may delegate to department personnel the duties and powers necessary for efficient operation and administration of the department. ((~~The department shall provide staff for the commission.~~))

Sec. 5. RCW 75.08.080 and 1993 c 117 s 1 are each amended to read as follows:

(1) The director may adopt, amend, or repeal rules as follows:

(a) Specifying the times when the taking of food fish or shellfish for commercial purposes is lawful or unlawful.

(b) Specifying the areas and waters in which the taking and possession of food fish or shellfish for commercial purposes is lawful or unlawful.

(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish for commercial purposes, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the possession, disposal, landing, and sale of food fish or shellfish for commercial purposes within the state, whether acquired within or without the state.

(e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

(f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of for commercial purposes.

(g) Specifying the statistical and biological reports required from commercial fishermen, dealers, boathouses, or commercial processors of food fish or shellfish.

(h) Classifying species of marine and freshwater life as food fish or shellfish.

(i) Classifying the species of food fish and shellfish that may be used for commercial purposes other than human consumption.

(j) Other rules necessary to carry out ((~~this title~~)) the commercial utilization of food fish and shellfish and the purposes and duties of the department.

(2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

"Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.

(3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

Sec. 6. RCW 75.25.095 and 1990 c 34 s 2 are each amended to read as follows:

((~~Notwithstanding RCW 75.25.090,~~)) The ((~~director~~)) commission may adopt rules designating times and places for the purposes of family fishing days when a recreational fishing license is not required to fish for food fish or shellfish. All other applicable laws and rules shall remain in effect.

Sec. 7. RCW 75.30.060 and 1983 1st ex.s. c 46 s 139 are each amended to read as follows:

A person aggrieved by a decision of the department under this chapter may request administrative review under the informal procedure established by this section.

In an informal hearing before a review board, the rules of evidence do not apply. A record of the proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the case the review board shall notify in writing the director and the commission and the initiating party whether the review board agrees or disagrees with the department's decision and the reasons for the board's findings. Upon receipt of the board's findings the director or the commission may order such relief as the director or the commission deems appropriate under the circumstances.

Nothing in this section: (1) Impairs an aggrieved person's right to proceed under chapter 34.05 RCW; or (2) imposes a liability on members of a review board for their actions under this section.

Sec. 8. RCW 75.50.010 and 1993 sp.s. c 2 s 45 are each amended to read as follows:

Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.

Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The ((~~department~~)) commission is directed to dedicate its efforts and the efforts of the department to seek resolution to the many conflicts that involve the resource.

Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.

Sec. 9. RCW 75.50.020 and 1985 c 458 s 2 are each amended to read as follows:

(1) The ((~~director~~)) commission shall develop long-term regional policy statements regarding the salmon fishery resources ((~~before December 1, 1985~~)). The ((~~director~~)) commission shall consider the following in formulating and updating regional policy statements:

(a) Existing resource needs;

(b) Potential for creation of new resources;

(d) Balanced utilization of natural and hatchery production;

(e) Desires of the fishing interest;

(f) Need for additional data or research;

(g) Federal court orders; and

(h) Salmon advisory council recommendations.

(2) The ((~~director~~)) commission shall review and update each policy statement at least once each year.

Sec. 10. RCW 75.50.030 and 1985 c 458 s 3 are each amended to read as follows:

(1) The ((~~director~~)) commission shall develop a detailed salmon enhancement plan with proposed enhancement projects. The plan and the regional policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by June 30, 1986. The enhancement plan and regional policy statements shall be provided by June 30, 1986, to the natural resources committees of the house of representatives and the senate. The ((~~director~~)) commission shall provide a maximum opportunity for the public to participate in the development of the salmon enhancement plan. To insure full participation by all interested parties, the ((~~director~~)) commission shall solicit and consider enhancement project proposals from Indian tribes, sports fishermen, commercial fishermen, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon enhancement plan. Joint or cooperative enhancement projects shall be considered for funding.

(2) The following criteria shall be used by the ((~~director~~)) commission in formulating the project proposals:

(a) Compatibility with the long-term policy statement;

(b) Benefit/cost analysis;

(d) Compatibility with regional plans, including harvest management plans;

(e) Likely increase in resource productivity;

(f) Direct applicability of any research;

(g) Salmon advisory council recommendations;

(h) Compatibility with federal court orders;

(i) Coordination with the salmon and steelhead advisory commission program;

(j) Economic impact to the state;

(k) Technical feasibility; and

(l) Preservation of native salmon runs.

(3) The ((~~director~~)) commission shall not approve projects that serve as replacement funding for projects that exist prior to May 21, 1985, unless no other sources of funds are available.

(4) The ((~~director~~)) commission shall prioritize various projects and establish a recommended implementation time schedule.

Sec. 11. RCW 75.50.040 and 1985 c 458 s 4 are each amended to read as follows:

Upon approval by the legislature of funds for its implementation, the ((~~director~~)) commission shall monitor the progress of projects detailed in the salmon enhancement plan.

The ((~~director~~)) commission shall be responsible for establishing criteria which shall be used to measure the success of each project in the salmon enhancement plan.

Sec. 12. RCW 75.50.050 and 1987 c 505 s 72 are each amended to read as follows:

The ((~~director~~)) commission shall report to the legislature on or before October 30th of each year ((~~through 1991~~)) on the progress and performance of each project. The report shall contain an analysis of the successes and failures of the program to enable optimum development of the program. The report shall include estimates of funding levels necessary to operate the projects in future years.

The ((~~director~~)) commission shall submit the reports and any additional recommendations to the chairs of the committees on ways and means and the committees on natural resources of the senate and house of representatives.

Sec. 13. RCW 75.50.070 and 1993 sp.s. c 2 s 46 are each amended to read as follows:

The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.

The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the commission and the department. The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.

Sec. 14. 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~~)) commission. The advisory board shall make recommendations regarding regional enhancement group rearing project proposals and funding of those proposals. The members shall be appointed by the ((~~director~~)) commission and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. 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 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~~)) commission 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. 15. RCW 75.50.130 and 1993 sp.s. c 2 s 48 are each amended to read as follows:

The ((~~director~~)) commission shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.

Sec. 16. RCW 75.52.050 and 1984 c 72 s 5 are each amended to read as follows:

The ((~~director of each department~~)) commission shall establish by rule:

(1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 75.08.295 or 77.16.150. The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.

(2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.

(3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects.

(4) The procedure for notice in writing to a volunteer group of cause to revoke the agreement for the project and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.

(5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.

NEW SECTION. Sec. 17. A new section is added to chapter 43.300 RCW to read as follows:

The commission shall establish, fund from existing revenues, and fill a position within the department of fish and wildlife to be known as the recreational fishing administrator. The duties of the recreational fishing administrator are to further the development of recreational fishing within the state. The administrator shall act as an advisor to the commission and the director and as a bridge between the director and the divisions that manage and produce fish within the department. The commission shall provide the recreational administrator with sufficient resources so that the position achieves full effectiveness. The administrator shall form a liaison with the public by reaching out to diverse recreational fishing interests in all regions of the state, and shall establish regional advisors for different recreational fishing interests.

The recreational administrator shall report annually to the legislature on the progress of the program to improve recreational fishing, the status of the previous year's recreational fishing seasons, problems and constraints placed upon the recreational fishery, conflicts between commercial fishing and recreational fishing, and suggestions for recreational fishing improvements.

Sec. 18. RCW 75.08.014 and 1993 sp.s. c 2 s 21 are each amended to read as follows:

The director shall supervise the administration and operation of the department and perform the duties prescribed by law. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry.

The director shall administer the budget of the department to assure that the budget conforms to the goals, policies, and objectives set by the fish and wildlife commission. The director has the authority to negotiate and approve all agreements involving the department, but the director shall consult with and consider the advice of the commission on all department agreements.

Sec. 19. RCW 77.04.060 and 1993 sp.s. c 2 s 63 are each amended to read as follows:

The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the chair and by five members. Five members constitute a quorum for the transaction of business.

The commission at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice chairman, each of whom shall serve for a term of two years or until a successor is elected and qualified.

The commission shall:

(1) Schedule meetings in each region on a rotating basis so that meetings are held in every region on a regular continuing basis;

(2) Schedule day and evening meetings in every region;

(3) Accept public testimony at every meeting;

(4) Use regional office staff for meetings and presentations; and

(5) Limit department staff attending meetings to reduce expenses.

Members of the commission shall be compensated in accordance with RCW 43.03.250, however, commission members and staff shall share transportation and lodging whenever possible. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 20. By December 1, 1995, the fish and wildlife commission shall submit to the committees on natural resources of the house of representatives and the senate a report identifying other statutory changes necessary for implementation of the commission's recommendations regarding its responsibilities in the department of fish and wildlife.

NEW SECTION. Sec. 21. Sections 2 through 19 of this act shall take effect July 1, 1996.