AN ACT Relating to
regional fisheries enhancement program; amending RCW 75.50.110, 75.50.120, and
75.08.230; reenacting and amending RCW 75.50.100; adding new sections to
chapter 75.50 RCW; adding a new section to chapter 90.58 RCW; and declaring an
emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 75.50 RCW to read as follows:
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 recreational and commercial salmon license sales, regional enhancement
groups are receiving fewer financial resources at a time when recovery efforts
are needed most.
(3) To maintain
regional 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. A new section is added
to chapter 75.50 RCW to read as follows:
The department's
habitat division shall work with cities, counties, and regional fisheries
enhancement groups to develop a program to identify and expedite the removal of
human-made or caused impediments to anadromous fish passage. A priority shall
be given to projects that immediately increase access to available and improved
spawning and rearing habitat for depressed, 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 any
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.
3. A new section is added
to chapter 75.50 RCW to read as follows:
To maximize available
state resources, the department and the department of transportation shall work
in partnership with the regional fisheries enhancement group advisory board to
identify cooperative projects to eliminate fish passage barriers caused by
state roads and highways. The advisory board may provide input to the
department to aid in identifying priority barrier removal projects that can be
accomplished with the assistance of regional fisheries enhancement groups. The
department of transportation shall provide engineering and other technical
services to assist regional fisheries enhancement groups with fish passage
barrier removal projects, provided that the barrier removal projects have been
identified as a priority by the department of fish and wildlife and the
department of transportation has received an appropriation to continue the fish
barrier removal program.The text of the following
section has been vetoed by the Governor. It is noted in bold italic.
*NEW SECTION.
Sec. 4. 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. 4
was vetoed. See message at end of chapter.
Sec. 5. RCW 75.50.110 and 1990 c
58 s 4 are each amended to read as follows:
(1) 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.)) The members shall be appointed by the
director and consist of two commercial fishing representatives, two
recreational fishing representatives, and three at-large positions. At
least two of the advisory board members shall be members of a regional fisheries
enhancement 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 advisory
board shall meet at least quarterly. All meetings of the advisory board shall
be open to the public under the open public meetings act, chapter 42.30 RCW.
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.
(2) Members shall
not be compensated but shall receive reimbursement for travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
(3) The
department may use account funds to provide agency assistance to the groups,
to provide professional, administrative or clerical services to the advisory
board, or to implement the training and technical services plan as developed by
the advisory board pursuant to section 6 of this act. The level of account
funds used by the department shall be determined by the director after review
((and)) of recommendation by the regional fisheries enhancement
group advisory board and shall not exceed twenty percent of annual
contributions to the account.
NEW SECTION. Sec.
6. A new section is added
to chapter 75.50 RCW to read as follows:
(1) The regional
fisheries enhancement group advisory board shall:
(a) Assess the training
and technical assistance needs of the regional fisheries enhancement groups;
(b) Develop a training
and technical assistance services plan in order to provide timely, topical
technical assistance and training services to regional fisheries enhancement
groups. The plan shall be provided to the director and to the senate and house
of representatives natural resources committees no later than October 1, 1995,
and shall be updated not less than every year. The advisory board shall
provide ample opportunity for the public and interested parties to participate
in the development of the plan. The plan shall include but is not limited to:
(i) Establishment of an
information clearinghouse service that is readily available to regional
fisheries enhancement groups. The information clearinghouse shall collect,
collate, and make available a broad range of information on subjects that
affect the development, implementation, and operation of diverse fisheries and
habitat enhancement projects. The information clearinghouse service may
include periodical news and informational bulletins;
(ii) An ongoing program
in order to provide direct, on-site technical assistance and services to
regional fisheries enhancement groups. The advisory board shall assist
regional fisheries enhancement groups in soliciting federal, state, and local
agencies, tribal governments, institutions of higher education, and private
business for the purpose of providing technical assistance and services to
regional fisheries enhancement group projects; and
(iii) A cost estimate
for implementing the plan;
(c) Propose a budget to
the director for operation of the advisory board and implementation of the
technical assistance plan;
(d) Make
recommendations to the director regarding regional enhancement group project
proposals and funding of those proposals; and
(e) Establish criteria
for the redistribution of unspent project funds for any regional enhancement
group that has a year ending balance exceeding one hundred thousand dollars.
(2) The regional
fisheries enhancement group advisory board may:
(a) Facilitate
resolution of disputes between regional fisheries enhancement groups and the
department;
(b) Promote community
and governmental partnerships that enhance the salmon resource and habitat;
(c) Promote
environmental ethics and watershed stewardship;
(d) Advocate for
watershed management and restoration;
(e) Coordinate regional
fisheries enhancement group workshops and training;
(f) Monitor and
evaluate regional fisheries enhancement projects;
(g) Provide guidance to
regional fisheries enhancement groups; and
(h) Develop
recommendations to the director to address identified impediments to the
success of regional fisheries enhancement groups.
Sec. 7. 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, including an inventory of volunteer
hours dedicated to the program;
(5) An evaluation of
technical assistance training efforts and agency participation;
(6) Identification
of impediments to regional fisheries enhancement group success; and
(7) Suggestions for
legislative action that would further the enhancement of salmonid resources.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*Sec. 8. 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.
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. Revenue from any enhancement group's sale of salmon carcasses and
eggs conducted pursuant to section 9 of this act shall also be deposited in the
regional fisheries enhancement group account. The director shall adopt
rules to implement this section pursuant to chapter 34.05 RCW.
*Sec. 8
was vetoed. See message at end of chapter.The text of the following section has been vetoed by
the Governor. It is noted in bold italic.
*NEW SECTION.
Sec. 9. A new section is
added to chapter 75.50 RCW to read as follows:
The department shall
establish a hatchery egg and carcass take program for projects conducted by
regional fisheries enhancement groups. Under the program, salmon that have
returned to the hatchery of a regional fisheries enhancement group, and the
eggs from those salmon, may be sold by the group in accordance with rules
established by the department. All proceeds from sales of salmon eggs and
carcasses that return to group facilities shall be deposited in the dedicated
regional fisheries enhancement group account for reallocation to the regional
fisheries enhancement group or groups sponsoring the project.
Prior to engaging in
salmon egg sales under this program, the regional fisheries enhancement group
shall ensure that all on-station needs are fulfilled and that the eggs are made
available for other appropriate department or tribal hatchery needs, or other
group projects.
The department, in
consultation with the regional fisheries enhancement group advisory board, shall
develop rules in accordance with chapter 34.05 RCW for the purpose of
implementing this section. The rules shall include the following:
(1) Requirements for
conducting sales under the program;
(2) Accounting
procedures for tracking sales;
(3) Provisions for
ensuring compliance with the wild salmonid policy established under RCW
75.28.760; and
(4)
Provisions for reallocating proceeds generated under this section to the
regional fisheries enhancement group or groups sponsoring the project that
generated the proceeds.
*Sec. 9
was vetoed. See message at end of chapter.
NEW SECTION. Sec.
10. A new section is added
to chapter 75.50 RCW to read as follows:
The department shall
coordinate with the regional fisheries enhancement group advisory board to
field test coho and chinook salmon remote site incubators. The purpose of
field testing efforts shall be to gather conclusive scientific data on the
effectiveness of coho and chinook remote site incubators.
Sec. 11. RCW 75.08.230 and 1993 c
340 s 48 are each amended to read as follows:
(1) Except as provided
in this section, state and county officers receiving the following moneys shall
deposit them in the state general fund:
(a) The sale of
licenses required under this title;
(b) The sale of
property seized or confiscated under this title;
(c) Fines and
forfeitures collected under this title;
(d) The sale of real or
personal property held for department purposes;
(e) Rentals or
concessions of the department;
(f) Moneys received for
damages to food fish, shellfish or department property; and
(g) Gifts.
(2) The director shall
make weekly remittances to the state treasurer of moneys collected by the
department.
(3) All fines and
forfeitures collected or assessed by a district court for a violation of this
title or rule of the director shall be remitted as provided in chapter 3.62
RCW.
(4) Proceeds from the
sale of food fish or shellfish taken in test fishing conducted by the
department, to the extent that these proceeds exceed the estimates in the
budget approved by the legislature, may be allocated as unanticipated receipts
under RCW 43.79.270 to reimburse the department for unanticipated costs for
test fishing operations in excess of the allowance in the budget approved by
the legislature.
(5) Proceeds from the
sale of salmon carcasses and salmon eggs from state general funded
hatcheries by the department((, to the extent these proceeds exceed
estimates in the budget approved by the legislature, may be allocated as
unanticipated receipts under RCW 43.79.270. Allocations under this subsection
shall be made only for hatchery operations partially or wholly financed by
sources other than state general revenues or for purposes of processing human
consumable salmon for disposal)) of general administration shall be
deposited in the regional fisheries enhancement group account established in
RCW 75.50.100.
(6) Moneys received by
the director under RCW 75.08.045, to the extent these moneys exceed estimates
in the budget approved by the legislature, may be allocated as unanticipated
receipts under RCW 43.79.270. Allocations under this subsection shall be made
only for the specific purpose for which the moneys were received, unless the
moneys were received in settlement of a claim for damages to food fish or
shellfish, in which case the moneys may be expended for the conservation of
these resources.
(7) Proceeds from the
sale of herring spawn on kelp fishery licenses by the department, to the extent
those proceeds exceed estimates in the budget approved by the legislature, may
be allocated as unanticipated receipts under RCW 43.79.270. Allocations under
this subsection shall be made only for herring management, enhancement, and
enforcement.
NEW SECTION. Sec.
12. 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.
13. 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.
