CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5886
Chapter 389, Laws of 1997
55th Legislature
1997 Regular Session
FISHERIES ENHANCEMENT AND HABITAT RESTORATION
EFFECTIVE DATE: 7/27/97
Passed by the Senate April 26, 1997 YEAS 44 NAYS 0
BRAD OWEN President of the Senate
Passed by the House April 25, 1997 YEAS 97 NAYS 0 |
CERTIFICATE
I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5886 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
CLYDE BALLARD Speaker of the House of Representatives |
MIKE O'CONNELL Secretary
|
Approved May 15, 1997 |
FILED
May 15, 1997 - 4:39 p.m. |
|
|
GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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SECOND SUBSTITUTE SENATE BILL 5886
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AS RECOMMENDED BY CONFERENCE COMMITTEE
Passed Legislature - 1997 Regular Session
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators Strannigan, Swecker, Jacobsen and Oke)
Read first time 03/10/97.
AN ACT Relating to the regional fisheries enhancement program; amending RCW 75.50.080 and 75.50.160; adding new sections to chapter 75.50 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) 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.
(b) Immediate action is needed to reverse the severe decline of this resource and ensure its very survival.
(c) The cooperation and participation of private landowners is crucial in efforts to restore and enhance salmon populations.
(d) 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.
(e) State funding for regional fisheries enhancement groups has been declining and is a significant limitation to current fisheries enhancement and habitat restoration efforts.
(f) Therefore, a 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.
(2) The legislature further finds that:
(a) The increasing population and continued development throughout the state, and the transportation system needed to serve this growth, have exacerbated problems associated with culverts, creating barriers to fish passage.
(b) These barriers obstruct habitat and have resulted in reduced production and survival of anadromous and resident fish at a time when salmonid stocks continue to decline.
(c) Current state laws do not appropriately direct resources for the correction of fish passage obstructions related to transportation facilities.
(d) Current fish passage management efforts related to transportation projects lack necessary coordination on a watershed, regional, and state-wide basis, have inadequate funding, and fail to maximize use of available resources.
(e) Therefore, the legislature finds that the department of transportation and the department of fish and wildlife should work with state, tribal, local government, and volunteer entities to develop a coordinated, watershed-based fish passage barrier removal program.
NEW SECTION. Sec. 2. A new section is added to chapter 75.50 RCW to read as follows:
The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The regional fisheries enhancement group advisory board and the department shall develop guidelines for providing funds to the regional fisheries enhancement groups.
NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows:
The regional fisheries enhancement salmonid recovery account is created in the state treasury. All receipts from federal sources and moneys from state sources specified by law must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the sole purpose of fisheries enhancement and habitat restoration by regional fisheries enhancement groups.
NEW SECTION. Sec. 4. 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.
Sec. 5. 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. 6. RCW 75.50.160 and 1995 c 367 s 2 are each amended to read as follows:
The
((department's habitat division shall work with)) department and the
department of transportation shall convene a fish passage barrier removal task
force. The task force shall consist of one representative each from the department,
the department of transportation, the department of ecology, tribes,
cities, counties, ((and)) a business organization, an environmental
organization, regional fisheries enhancement groups, and other
interested entities as deemed appropriate by the cochairs. The persons
representing the department and the department of transportation shall serve as
cochairs of the task force and shall appoint members to the task force. The
task force shall make recommendations to ((develop a)) expand the
program in RCW 75.50.170 to identify and expedite the removal of
human-made or caused impediments to anadromous fish passage in the most
efficient manner practical. Program recommendations shall include a funding
mechanism and other necessary mechanisms to coordinate and prioritize state,
tribal, local, and volunteer efforts within each water resource inventory area.
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 or the department of transportation
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)) recommendations to develop a program to identify and remove
fish passage barriers and any additional legislative action needed to
implement the program shall be submitted to the ((senate and the house
of representatives natural resources)) appropriate standing
committees of the legislature no later than ((January 1, 1996)) December
1, 1997.
Passed the Senate April 26, 1997.
Passed the House April 25, 1997.
Approved by the Governor May 15, 1997.
Filed in Office of Secretary of State May 15, 1997.