BP BHEAD INT S [atlas:bill]

AN ACT Relating to increasing anadromous fish runs in the Elwha river; adding new sections to chapter 75.50 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that restoration of fish runs in the Elwha river has been hampered by disagreements over removal of Aldwell and Glines Canyon dams. Regardless of the outcome of the dam removal proposals, anadromous fish runs should be increased by reintroduction of salmon and sea run trout into Elwha river tributaries above Aldwell dam and below Glines Canyon dam, in order to take advantage of unutilized natural rearing areas. Reintroduction of these anadromous fish would speed up the restoration of native fish in the Elwha river. Existing capital facilities are available for assisting the outmigration of smolts that are produced by this reintroduction program.

It is the intent of the legislature that the anadromous fish runs of the Elwha river be increased and made more healthy at a low cost and that future choices on dam removal or retention not be compromised.

NEW SECTION. Sec. 2. The department shall initiate a program for timely reintroduction of anadromous fish into Elwha river tributaries above Aldwell dam and below Glines Canyon dam. Early stages of the program must rely on intensive methods for protection of the introduced eggs and fry by utilization of the best technology for egg boxes, remote site incubators, and other techniques to assure the maximum survival of the reintroduced stock. Exclusively native Elwha river fish stocks must be utilized for the reintroduction program. The department shall work cooperatively with the lower Elwha Indian Tribe, owners of Aldwell dam, regional fisheries enhancement groups, cooperative groups, the national marine fisheries service, the fish and wildlife service, Clallam county, and the city of Port Angeles to achieve the goals of this program.

The department shall assess and deploy smolt outmigration facilities at Aldwell dam in the first year and in subsequent years in which smolts are expected to outmigrate as a result of the reintroduction program.

NEW SECTION. Sec. 3. If the removal of Aldwell dam does not occur by the time that adult anadromous fish are expected to return to the Elwha river, the department shall make a two stage action plan for returning adult salmon and sea run trout to the Elwha river tributaries above Aldwell dam and below Glines Canyon dam. Phase 1 is the selection of the best methods for capturing, trucking, and hauling adult fish above the dam or for installing a fish ladder and must be completed no more than two years from the time that the first adult anadromous fish are expected to return under the program. Phase 2 is the installation and operation of a permanent fish ladder for passage of adult salmon and sea run trout over Aldwell dam. If the Aldwell dam is not removed, the department shall request funds for fish ladder construction from the legislature in a timely manner.

If Aldwell dam is removed, the department shall assess the need for installation of a fish ladder at the rock sill at the current dam site and shall make timely request for legislative appropriation if a ladder is needed.

NEW SECTION. Sec. 4. Proposals or actions to remove or retain Glines Canyon dam must not adversely affect, delay, or stop the anadromous fish reintroduction program for Elwha river tributaries between Aldwell dam and Glines Canyon dam.

NEW SECTION. Sec. 5. If the federal government desires to become a cooperator in the program to reintroduce anadromous fish into Elwha river tributaries between Aldwell dam and Glines Canyon dam, the department shall seek an agreement for matching funds or other federal assistance.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 75.50 RCW.

NEW SECTION. Sec. 7. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1999, from the general fund to the department of fish and wildlife for the purposes of planting fish or eggs into Elwha river tributaries between Aldwell dam and Glines Canyon dam, construction of or modification to smolt outmigration facilities on Aldwell dam, and construction of upstream fish passage facilities at Aldwell dam.