H‑2009.1   _____________________________________________

SUBSTITUTE HOUSE BILL 1286

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Lisk, Grant, Sump, Cox, Doumit, G. Chandler, Mulliken, Mielke, Clements, Lambert, Hankins, Pflug, Dunn, B. Chandler, Buck, Cairnes, Pennington, Boldt, Hatfield, Delvin, Armstrong, Skinner, Alexander, Kessler, Pearson, D. Schmidt, Anderson, Rockefeller and Esser)

READ FIRST TIME 02/27/01. 

_1      AN ACT Relating to the use of viable salmon eggs; amending RCW

_2  77.95.210, 77.95.270, and 77.100.060; and declaring an emergency.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 77.95.210 and 2000 c 107 s 11 are each amended to read

_5  as follows:

_6      (1) Except as provided in subsection (2) of this section, the

_7  department may supply, at a reasonable charge, surplus salmon eggs

_8  to a person for use in the cultivation of salmon.  The department

_9  shall not intentionally create a surplus of salmon to provide eggs

10  for sale.  The department shall only sell salmon eggs from stocks

11  that are not suitable for salmon population rehabilitation or

12  enhancement in state waters in Washington.

13      (2) The department shall not destroy hatchery origin salmon for

14  the purposes of destroying viable eggs that would otherwise be

15  useful for propagation or salmon recovery purposes, as determined

16  by the department or federally approved tribes in Washington, for

17  replenishing fish runs.  Eggs deemed surplus by the state must be

18  provided, in the following order of priority, to:

                               p. 1                      SHB 1286

_1      (a) Hatcheries of federally approved tribes in Washington to

_2  whom eggs are moved, not sold, under the interlocal cooperation

_3  act, chapter 39.34 RCW;

_4      (b) Voluntary cooperative salmon culture programs under the

_5  supervision of the department under chapter 77.100 RCW;

_6      (c) Regional fisheries enhancement group salmon culture

_7  programs under supervision of the department under this chapter;

_8      (d) Governmental hatcheries in Washington, Oregon, and Idaho;

_9      (e) Salmon culture programs requested by lead entities and

10  approved by the salmon funding recovery board under chapter 77.85

11  RCW.

12      The order of priority established in this subsection for

13  distributing surplus eggs does not apply when there is a shortfall

14  in the supply of eggs.

15      (3) All sales or transfers shall be consistent with the

16  department's egg transfer and aquaculture disease control

17  regulations as now existing or hereafter amended.  Prior to

18  department determination that eggs of a salmon stock are surplus

19  and available for sale, the department shall assess the

20  productivity of each watershed that is suitable for receiving

21  eggs.

22      Sec. 2.  RCW 77.95.270 and 1989 c 336 s 6 are each amended to read

23  as follows:

24      Except as provided in RCW 77.95.210, the department may make

25  available to private contractors salmon eggs in excess of

26  department hatchery needs for the purpose of contract rearing to

27  release the smolts into public waters.  However, providing salmon

28  eggs as specified in RCW 77.95.210(2) has the highest priority.

29  The priority of providing eggs surplus after meeting the

30  requirements of RCW 77.95.210(2) to contract rearing ((shall be))

31  is a higher priority than providing eggs to aquaculture purposes

32  ((which)) that are not destined for release into Washington public

33  waters.

34      Sec. 3.  RCW 77.100.060 and 2000 c 107 s 112 are each amended to

35  read as follows:

36      The commission shall establish by rule:

SHB 1286                       p. 2

_1      (1) The procedure for entering a cooperative agreement and the

_2  application forms for a permit to release fish or wildlife

_3  required by RCW 77.12.457.  The procedure shall indicate the

_4  information required from the volunteer group as well as the

_5  process of review by the department.  The process of review shall

_6  include the means to coordinate with other agencies and Indian

_7  tribes when appropriate and to coordinate the review of any

_8  necessary hydraulic permit approval applications.

_9      (2) The procedure for providing within forty-five days of

10  receipt of a proposal a written response to the volunteer group

11  indicating the date by which an acceptance or rejection of the

12  proposal can be expected, the reason why the date was selected,

13  and a written summary of the process of review.  The response

14  should also include any suggested modifications to the proposal

15  which would increase its likelihood of approval and the date by

16  which such modified proposal could be expected to be accepted.  If

17  the proposal is rejected, the department must provide in writing

18  the reasons for rejection.  The volunteer group may request the

19  director or the director's designee to review information provided

20  in the response.

21      (3) The priority of the uses to which eggs, seed, juveniles, or

22  brood stock are put.  Use by cooperative projects shall be second

23  in priority only to the needs of programs of the department or of

24  other public agencies within the territorial boundaries of the

25  state.  Sales of eggs, seed, juveniles, or brood stock have a

26  lower priority than use for cooperative projects.  The rules must

27  include directives for allowing more hatchery salmon to spawn

28  naturally, including the outplanting of adult fish particularly in

29  areas where progeny of hatchery fish have spawned, in order to

30  increase the number of viable salmon eggs and restore healthy

31  numbers of fish within the state.

32      (4) The procedure for the director to notify a volunteer group

33  that the agreement for the project is being revoked for cause and

34  the procedure for revocation.  Revocation shall be documented in

35  writing to the volunteer group.  Cause for revocation may

36  include:  (a) The unavailability of adequate biological or financial

37  resources; (b) the development of unacceptable biological or

38  resource management conflicts; or (c) a violation of agreement

                               p. 3                      SHB 1286

_1  provisions.  Notice of cause to revoke for a violation of

_2  agreement provisions may specify a reasonable period of time

_3  within which the volunteer group must comply with any violated

_4  provisions of the agreement.

_5      (5) An appropriate method of distributing among volunteer

_6  groups fish, bird, or animal food or other supplies available for

_7  the program.

_8      NEW SECTION. Sec. 4.  This act is necessary for the immediate

_9  preservation of the public peace, health, or safety, or support of

10  the state government and its existing public institutions, and

11  takes effect immediately.

‑‑‑ END ‑‑‑

SHB 1286                       p. 4