[atlas:bill]

AN ACT Relating to a pilot program for the recovery of salmon runs listed under the federal endangered species act; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature recognizes the need to address listings that are made under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) in a way that will make the most efficient use of existing efforts. The legislature finds that the principle of adaptive management requires that different models should be tried so that the lessons learned from these models can be put to use throughout the state. It is the intent of the legislature to create a pilot program in a northern Puget Sound basin that has been ranked as a high priority by the state department of fish and wildlife for habitat restoration in light of the proposed listing of Puget Sound chinook.

NEW SECTION. Sec. 2. (1) A pilot program for salmon recovery is established in Whatcom county within water resource inventory area 1 established by rule by the department of ecology.

The management board created under subsection (2) of this section shall constitute the lead entity for this area responsible for fulfilling the requirements and exercising the powers of a lead entity under chapter 75.46 RCW.

(2) A management board consisting of nine voting members is created within water resource inventory area 1. The members shall consist of one person appointed by the county executive of the county with the largest land mass in water resource inventory area 1 in consultation with the county's council, one person representing the cities contained within water resource inventory area 1 selected by the cities in water resource inventory area 1, one person representing the Lummi Tribe appointed by the tribe, one person representing the Nooksack Tribe appointed by the tribe, one state legislator elected from one of the legislative districts contained within water resource inventory area 1 selected by that group of state legislators representing the area, and five at large representatives who must reside in water resource inventory area 1. The at large positions shall be appointed by the board members who are appointed by the county executive, the cities, and the state legislator. Of the five at large positions, at least one person shall represent private property interests, at least one shall represent agricultural interests, and at least one shall represent environmental interests. The board shall appoint and consult a technical advisory committee, that shall include four representatives of state agencies, one each appointed by the directors of the departments of ecology, fish and wildlife, and transportation, and the commissioner of public lands. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the county representative, the city representative, and the state legislator. In making appointments under this subsection, the county representative, city representative, and state legislator shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.

(3) The management board shall consider local watershed efforts and activities as well as habitat conservation plans in the implementation of the recovery plan. Any of the participating counties may continue its own efforts for restoring salmon habitat. Nothing in this section limits the authority of units of local government to enter interlocal agreements under chapter 39.34 RCW or any other provision of law.

(4) The management board has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent. The management board shall report on its progress on a quarterly basis to the legislative body of the participating county and the state natural resource-related agencies.

(5) The pilot program terminates July 1, 2004.

NEW SECTION. Sec. 3. 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 takes effect immediately.