Z-0148.2  _______________________________________________

                          HOUSE BILL 1304

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Doumit, Ericksen, Eickmeyer, Jackley, Sump, Pearson and Linville; by request of Department of Fish and Wildlife

Read first time 01/23/2001.  Referred to Committee on Natural Resources.

Allowing for the issuance of pamphlets in lieu of hydraulic approval permits for certain projects.

    AN ACT Relating to providing the fish and wildlife commission authority to issue pamphlet hydraulic project approval; amending RCW 77.15.300; adding a new section to chapter 77.55 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  The legislature finds that the department of fish and wildlife issues thousands of hydraulic project approvals each year at a substantial commitment of government resources for individual permitting review and writing.  The legislature recognizes the importance of such individual approval processes to ensure proper protection of fish life and reasonable conditioning for hydraulic project approval decisions.  However, the legislature also recognizes that certain subjects, such as small scale mining which is addressed by RCW 77.55.270, can be more effectively addressed by pamphlets that describe general rules which, if followed, will ensure proper protection of fish life and lessen the burden on applicants and allow the department to address its significant responsibilities.  The legislature does not seek to alter the scope of the department's existing authority regarding what activities are "hydraulic projects" or the department's existing obligation to regulate solely for the protection of fish life.  The legislature, however, adopts this act to authorize and encourage the department to address appropriate, defined activities by rules.

NEW SECTION. Sec. 2.  A new section is added to chapter 77.55 RCW to read as follows:

    (1) As an alternative to requiring and issuing individual hydraulic project approvals under RCW 77.55.100, 77.55.110, and 77.55.200, the department may adopt rules that describe approved and disapproved time, manner, locations, methods, or other conditions for conducting hydraulic projects or other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.  The conditions for approval or disapproval shall be reasonably necessary to protection of fish life.  The rules shall:

    (a) Describe the time, manner, locations, methods, or other conditions under which the described activity is approved;

    (b) Describe the activity that is exempt from individual hydraulic project approval, if conducted in conformance with the rules;

    (c) Be published in pamphlets, which may provide other reasonably necessary information or educational materials designed to aid compliance with the approved time, manner, and methods provided by rule; and

    (d) Be provided by the department for free or, when determined by the fish and wildlife commission, for a fee that shall reasonably reflect the cost of publication, preparation, and distribution of the pamphlet.

    (2) Rules adopted under this section may require possession of the pamphlet at the hydraulic project activity site or while conducting the activity.  The rules shall be enforced under RCW 77.15.300.

    Sec. 3.  RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:

    (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person:

(a) Constructs any form of hydraulic project or performs other work on a hydraulic project and((:

    (a))) fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; ((or))

    (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work; or

(c) Violates any rule adopted under section 2 of this act that identifies the time, manner, locations, methods, or other conditions under which an activity is approved or not approved.

    (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.

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