S-2344

AN ACT Relating to the regional fisheries enhancement program; amending RCW 75.50.080 and 75.50.100; adding a new section to chapter 75.50 RCW; and creating new sections.

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

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

(1) Currently, many of the salmon stocks on the Washington coast and in Puget Sound are severely depressed and may soon be listed under the federal endangered species act.

(2) Immediate action is needed to reverse the severe decline of the resource and ensure its very survival.

(3) The cooperation and participation of private landowners in efforts to restore and enhance anadromous fish populations is crucial to their success.

(4) The existing property rights of private landowners should not be adversely impacted at a later date, by the successful implementation of salmon restoration and enhancement projects on their property.

(5) Regional fisheries enhancement groups have been exceptionally successful in their efforts to work with private landowners to restore and enhance salmon habitat on private lands.

(6) Regional fisheries enhancement groups have provided the most cost-effective approach to affecting the recovery of anadromous fisheries in Washington state, with work undertaken by regional fisheries enhancement groups returning on average nine dollars in matching funds for every one dollar in expenditures from the regional enhancement account.

(7) As each of the groups mature and expand, funding becomes a significant limitation to maximizing their fisheries enhancement and habitat restoration efforts.

(8) Therefore, an ample stable funding source is essential to the success of the regional enhancement groups and their efforts to work cooperatively with private landowners to restore salmon resources.

NEW SECTION. Sec. 2. The regional fisheries enhancement group advisory board shall conduct a study of federal, state, and local permitting requirements for fisheries enhancement and habitat restoration projects. The study shall identify redundant, conflicting, or duplicative permitting requirements and rules, and shall make recommendations for streamlining and improving the permitting process. The results of the study shall be reported to the senate natural resources and parks committee and the house of representatives natural resources committee by November 1, 1997.

NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows:

The commission, in consultation with the regional fisheries enhancement advisory board, shall develop a cooperative habitat incentive program through which private landowners may enter into an agreement with the department to enhance habitat for salmonid fisheries on the landowners property. As part of the agreement, the department may, with the concurrence of other appropriate state agencies and the landowner, stipulate 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 other permit mandated by state law. Unless jointly agreed to by all parties, the future decisions pertaining to the issuance, denial, or conditioning of a hydraulic or other state agency permit shall be based on the conditions present on the landowner's property at the time of the agreement. The stipulations shall not be appurtenant to the land.

An agreement under this section shall contain a description of the property affected by the stipulation or stipulations, an expiration date, a description of the condition of the property, including existing salmon resources at the time of the agreement, and other information as needed by the department and the landowner for future reference and decisions.

Sec. 4. RCW 75.50.080 and 1993 sp.s. c 2 s 47 are each amended to read as follows:

Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 75.50.020, shall seek to:

(1) Enhance the salmon and steelhead resources of the state;

(2) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens;

(3) Assist the department in achieving the goal to double the state-wide salmon and steelhead catch by the year 2000 ((~~under chapter 214, Laws of 1988~~)); and

(4) Develop projects designed to supplement the fishery enhancement capability of the department.

Sec. 5. RCW 75.50.100 and 1995 1st sp.s. c 2 s 39 (Referendum Bill No. 45) are each amended to read as follows:

The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission'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 and steelhead 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. A surcharge of twenty-five dollars shall also be collected on each fishing guide license and each anadromous game fish buyers 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. The regional fisheries enhancement account may receive federal funds designated for fisheries enhancement and habitat restoration projects conducted by regional fisheries enhancement groups. 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 commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

NEW SECTION. Sec. 6. 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.