BP BHEAD INT S [atlas:bill]

AN ACT Relating to fish hatchery operational policy; and adding a new chapter to Title 75 RCW.

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

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

(1) The state of Washington has more, and more productive, fish hatcheries than any similar region in the world.

(2) Over three hundred million hatchery salmonids are produced in Washington annually.

(3) A large and diverse system of tribal and federal fish hatcheries operate within the state.

(4) Hatcheries were built and are now operated to offset destruction of wild salmonid stocks caused by habitat degradation, overfishing, and other human activities.

(5) Because hatcheries must not be operated in a manner that further reduces wild salmonid stocks, hatchery programs must coordinate efforts and alter the operation of specific fish hatcheries to provide targeted fishery benefits while not adversely affecting wild salmonids.

(6) Active management of hatchery technology may assist in the recovery of wild salmonids and may complement habitat restoration efforts.

(7) Federal listing of salmonid stocks as threatened and endangered species adds urgency to the need for hatchery improvements.

(8) It is vital to assess how hatcheries may be utilized in order to make their operation more compatible with threatened and endangered salmonid recovery.

(9) Fishery benefits generated by hatcheries must be continued and improved, and commitments made to produce hatchery fish in fulfillment of treaty Indian fishing rights must be honored.

(10) A more active hatchery management approach is necessary to achieve these goals.

NEW SECTION. Sec. 2. As used in this chapter:

(1) "Broodstock" means those adult salmonids destined to be the parents of a particular stock or of a smaller group of fish.

(2) "Captive broodstock" means salmonids reared from the egg stage to adulthood in a captive hatchery environment.

(3) "Critical stock" means a stock of fish whose production levels are so low that permanent damage to the stock has already occurred or is likely to occur.

(4) "Depressed stock" means a stock of fish whose production is below expected levels, based on available habitat and natural variations in survival levels, but above levels at which permanent damage to the stock is likely to occur.

(5) "Disease certification" means a process in which statistically valid biological samples are taken from a fish stock for the purpose of determining the presence of disease organisms.

(6) "Evolutionary significant unit" means fish stocks that are grouped into one unit, are of similar genetic identity, and have a high likelihood of interbreeding.

(7) "Genetic identity" means the genetic description of a fish stock.

(8) "Hatchery production" means the spawning, incubation, hatching, or rearing of fish in a hatchery or other artificial production facility, including, but not limited to spawning channels, egg incubation boxes, or net pens.

(9) "Mass marking" means the conspicuous external marking of a large number of hatchery-origin salmonids to identify them for harvest in a mixed-stock fishery while providing protection to unmarked salmonids in that fishery.

(10) "Mixed stock fishery" means a fishery that catches fish from more than one stock.

(11) "Net pen" means a net enclosure within a lake or marine area for rearing of salmonids.

(12) "Remote site incubator" means an artificial box in a remote watershed site for incubation of fish eggs.

(13) "Salmonid" means a member of the taxonomic family Salmonidae, which includes all species of salmon, trout, char, whitefish, and grayling.

(14) "Stock" means a subunit of a fish species, frequently delineated by run-timing, river of origin, or other identifier which discourages fish from spawning in a different place at the same time or in the same place at a different time.

(15) "Supplementation" means the use of hatchery production to maintain or increase natural production of a stock while maintaining the stock's long-term fitness and while holding ecological and genetic effects upon the stock within specified biological limits.

NEW SECTION. Sec. 3. A hatchery practices advisory committee is created and shall consist of the following members:

(1) One person to represent the hatchery program of the department of fish and wildlife to be selected by the fish and wildlife commission;

(2) One person to represent western Washington treaty Indian tribes to be selected by the governor;

(3) One person to represent eastern Washington treaty Indian tribes to be selected by the governor;

(4) One person to represent the federal government to be selected by the governor from a list of candidates submitted by the secretary of the interior and the secretary of commerce;

(5) The governor or a person appointed by the governor to represent the governor;

(6) One person to represent the Northwest power planning council to be appointed by the governor;

(7) Two people to represent Washington state institutions of higher education to be appointed by the governor;

(8) One person to represent recreational fishing interests to be appointed by the governor. This person shall not have a financial interest in the recreational fishing industry;

(9) One person to represent the salmon charter boat industry to be appointed by the governor;

(10) One person to represent the salmon commercial fishing industry to be appointed by the governor;

(11) On person to represent environmental protection advocates to be appointed by the governor;

(12) One person to represent fish and wildlife cooperative groups authorized under chapter 75.52 RCW to be appointed by the governor;

(13) One person to represent regional fisheries enhancement groups authorized under chapter 75.50 RCW to be appointed by the governor;

(14) One person to represent the nontreaty Indian tribes of Washington to be appointed by the governor;

(15) The director of the department of fish and wildlife or a representative designated by the director; and

(16) As many members of the fish and wildlife commission as the commission may choose to designate.

The function of the hatchery practices advisory committee is to recommend to the fish and wildlife commission an operational policy for the hatchery program of the department of fish and wildlife. The hatchery practices advisory committee shall ensure that the operational policy contains the objectives of coordinating the operation of fish hatcheries with tribal and federal fish hatchery programs, developing programs that are more compatible with endangered species act objectives, and continuing and expanding opportunities for fishery benefits produced by hatchery salmonids. The operational policy shall ensure that the extinction of evolutionary significant units of salmonids does not occur, that salmonid stocks are not reduced to critical levels, and that wild or naturally spawning salmonid stocks are consistently managed to achieve annual net gains in abundance.

The hatchery practices advisory committee shall monitor the operation of the hatchery division of the department of fish and wildlife to ensure compliance with the operational policy and shall report periodically to the fish and wildlife commission. To obtain the benefits of scientific expertise, the hatchery practices advisory committee may at its discretion appoint experts in the field of salmonid genetics and thus create a salmonid genetics board.

NEW SECTION. Sec. 4. The hatchery practices advisory committee shall conduct a review of the transplantation of salmonids to determine if state, tribal, and federal hatchery operations may comply more closely with the endangered species act, may reduce the risk of deleterious stock transfers, may minimize dissemination of fish pathogens, and may facilitate the recovery of wild salmonids. The hatchery practices advisory committee shall consider policies for increased genetic testing and disease certification and shall include in the hatchery practices operational policy any recommendation for change in transplantation policy.

The hatchery practices advisory committee shall review each new project application for the hatchery production of salmonids, including the projects proposed by cooperative and regional fisheries enhancement groups on a case-by-case basis. Each new project application shall be forwarded to the director of fish and wildlife with the advisory committee's recommendation for approval, denial, or modification.

NEW SECTION. Sec. 5. The hatchery practices advisory committee shall make recommendations for the acceptable quantity and genetic composition of hatchery salmonids which will be allowed to spawn naturally in each evolutionary significant unit or watershed. Standards shall be based upon the degree of threat that each hatchery stock poses to naturally spawning stocks and may be based upon the findings of the salmonid genetics board. In cases where hatchery stocks show excessive straying into natural spawning areas, the hatchery practices advisory committee shall make recommendations to reduce the amount that hatchery fish are spawning in natural spawning areas, recommendations which may include technological solutions or reductions in hatchery production.

NEW SECTION. Sec. 6. Members of the hatchery practices advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 75 RCW.