H-2218

AN ACT Relating to salmon recovery; amending RCW 75.46.010, 75.46.050, 75.46.060, 75.46.070, 75.46.080, 75.46.100, and 75.46.130; adding a new section to chapter 75.46 RCW; and declaring an emergency.

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

Sec. 1. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

(2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.

(3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, fish passage projects, fish screening projects, and habitat project corrective maintenance and monitoring activities.

(4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

(5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

(6) "Project sponsor" is a county, city, special district, tribal government, a combination of such governments through interlocal agreements provided under chapter 39.34 RCW, a nonprofit organization, or one or more private citizens.

(7) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

(8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

(9) "Tribe" or "tribes" means federally recognized Indian tribes.

(10) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997.

(11) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

Sec. 2. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:

(1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

(2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

(3) The members of the independent science panel shall serve four-year terms. Vacant positions on the panel shall be filled in the same manner as the original appointments. Members shall serve no more than two full terms. The independent science panel members shall elect the chair of the panel among themselves every two years. ((~~The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.~~)) Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

(4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions.

(5) The independent science panel shall submit its findings to the legislature and the governor.

Sec. 3. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:

(1)(a) Counties, cities, and tribal governments must jointly designate, by ((~~official~~)) resolution or by letters of support, the area for which a habitat ((~~restoration~~)) project list is to be developed and the lead entity that is to be responsible for submitting the habitat ((~~restoration~~)) project list. No project included on a habitat ((~~restoration~~)) project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.

(b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other ((~~restoration~~)) habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat ((~~restoration~~)). The interagency review team may provide the lead entity with organizational models that may be used in establishing the committees.

(c) The committee shall compile a list of habitat ((~~restoration~~)) projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat ((~~restoration~~)) project list. The committee shall also identify potential federal, state, local, and private funding sources.

(2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, ((~~an evolutionarily significant unit,~~)) or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

Sec. 4. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:

(1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon ((~~restoration~~)) recovery activities will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

(2) The critical pathways methodology shall:

(a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

(b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;

(c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; ((~~and~~))

(d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 and to the interagency review team. The technical advisory group has responsibility for this task; and

(e) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

(3) The habitat work ((~~list~~)) schedule shall include all projects developed pursuant to subsection (2) of this section as well as any other salmon habitat ((~~restoration~~)) project implemented in the region, including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs. The habitat work ((~~list~~)) schedule shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project. Each schedule shall be updated on an annual basis to depict new activities.

Sec. 5. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:

(1) Representatives from the conservation commission, the department of transportation, the interagency committee on outdoor recreation, the department of ecology, and the department of fish and wildlife shall establish an interagency review team. Except as provided in subsection ((~~(6)~~)) (7) of this section, habitat ((~~restoration~~)) project lists shall be submitted to the interagency review team by January 1st ((~~and July 1st~~)) of each year beginning in 1999.

(2) If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat ((~~restoration~~)) projects by giving preference to the projects that:

(a) Are based upon the limiting factors analysis identified under RCW 75.46.070;

(b) Provide a greater benefit to salmon recovery based upon the information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

((~~(b)~~)) (c) Will be implemented in a more critical area based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

((~~(c)~~)) (d) Are the most cost-effective;

((~~(d)~~)) (e) Have the greatest matched, or in-kind funding; and

((~~(e)~~)) (f) Will be implemented by a sponsor with a successful record of project implementation.

(3) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate the habitat project list((~~s and~~)) for funding based upon the criteria contained in subsection (2) of this section. The interagency review team may remove, but not add, projects from a habitat project list. The interagency review team shall give preference to projects that are on a project list submitted by a lead entity. The interagency review team may also provide block grants to the lead entity subject to available funding.

(4) The interagency review team shall apply the criteria established in subsection (2) of this section in a manner that results in the highest priority being given to critical fish stocks. The criteria shall be applied in this manner in areas where there is a lead entity established and in areas where no lead entity has been established.

(5) The interagency review team shall provide a summary of funding for ((~~habitat~~)) restoration project lists to the governor and to the legislature by December 1st of each year.

((~~(5)~~)) (6) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding. The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

((~~(6)~~)) (7) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).

((~~(7) Where a lead entity has been established pursuant to RCW 75.46.060, the interagency review team may provide block grants to the lead entity, subject to available funding.~~))

Sec. 6. RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows:

The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and ((~~performing~~)) implementing habitat ((~~restoration~~)) projects that address the limiting factors analysis ((~~of regional habitat work plans~~)) required under RCW 75.46.070. The cost for such assistance may be covered on a fee-for-service basis.

Sec. 7. RCW 75.46.130 and 1998 c 246 s 17 are each amended to read as follows:

Only those funds appropriated for the habitat ((~~restoration~~)) projects under this chapter are subject to the requirements of RCW 75.46.080.

NEW SECTION. Sec. 8. A new section is added to chapter 75.46 RCW to read as follows:

(1) For purposes of this chapter, the system operations advisory committee that was formed in 1981 as a result of a court decision to protect spring chinook redds, and whose responsibilities were broadened to protect all species in the Yakima basin adjudication proceedings of Department of Ecology v. Acquavella, shall serve as the lead entity for the Yakima river basin.

(2) The lead entity established pursuant to subsection (1) of this section is responsible for establishing a committee under RCW 75.46.060 to compile the habitat project list and to designate the area to be covered by the list, and to forward the habitat project list to the interagency review team for review pursuant to RCW 75.46.080.

(3) The lead entity established pursuant to subsection (1) of this section is responsible for all duties and responsibilities assigned to lead entities under this chapter or otherwise.

NEW SECTION. Sec. 9. Section 8 of 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.