[atlas:bill]

AN ACT Relating to Puget Sound marine resource committees; amending RCW 79.24.580; adding a new chapter to Title 77 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that there is growing evidence that the marine ecosystem in Puget Sound is in serious decline. The depletion of marine resources has hurt economies and communities around the Puget Sound. In particular, the serious decline of marine fish has caused great concern. In response to this problem, a growing number of local governments and state agencies have begun work constructing a network of marine protected areas, where fishing and harvesting of marine organisms are discouraged or prohibited. A primary goal of this effort is to rebuild stocks of marine fish, over time, to harvestable levels. Local governments in the Northwest Straits region have established marine resource committees to help facilitate this process. The legislature recognizes there is a need to expand this work into other parts of the Puget Sound. Furthermore, while the legislature recognizes that much progress has been made in this area by both state and local agencies, there is a need for better coordination among these agencies so that limited financial resources are used in the most efficient and effective manner possible.

NEW SECTION. Sec. 2. It is the policy of the state of Washington to establish a scientifically defensible network of marine protected areas in Puget Sound. The department, the department of ecology, the department of natural resources, the Puget Sound action team, and the state parks and recreation commission must work together and with local authorities to achieve this goal.

NEW SECTION. Sec. 3. The legislative authority for each city and county that borders the marine waters of Puget Sound is authorized to establish marine resource committees. The mission of the committee, utilizing sound science, is to address the needs of the local marine ecosystem. The committees must review current data and programs and make prioritized recommendations for additional measures that might be necessary to enhance protection of marine resources. The goals of the committee include the following:

(1) Use existing data and, to the extent necessary, help gather new data on the health of local marine resources. This includes a review of data compiled by state and federal resource agencies;

(2) Make scientifically based recommendations on local candidate sites for marine protected areas;

(3) Work closely with local and state officials to help implement recommendations;

(4) Promote public outreach and education around these issues; and

(5) Any other activities that the participating city or county deems appropriate.

NEW SECTION. Sec. 4. (1) Marine resource committees may be created by the legislative authority of a city or county bordering the marine waters of Puget Sound. In doing so, cities and counties must coordinate and cooperate with all appropriate special districts within their boundaries in establishing the marine resource committee and implementing its recommendations. County and city legislative authorities are encouraged to coordinate, especially in areas where they border one another.

(2) Participating county and city legislative authorities must select members of the marine resource committee, ensuring balanced representation from: Local government; scientific experts; effected economic interests; effected recreational interests; and environmental and conservation interests.

(3) County and city residents may petition the county or city legislative authority to create a marine resource committee. Upon receipt of a petition, the city or county legislative authority must respond in writing within sixty days as to whether they will authorize the creation of a marine resource committee as well as the reasons for their decision.

NEW SECTION. Sec. 5. Nothing in this chapter is intended to expand or limit the authority of local marine resource committees existing as of the effective date of this section.

NEW SECTION. Sec. 6. (1) The Puget Sound marine protection task force is created. The task force must be chaired by the Puget Sound action team and include representatives of the following state agencies: The department of ecology; the department of fish and wildlife; the parks and recreation commission; and the department of natural resources.

(2) By December 31, 2002, the task force must report to the legislature and provide recommendations on ways in which state and local efforts to establish marine protected areas, marine reserves, and similar programs can be better coordinated and make better use of limited financial resources, while simultaneously ensuring protection of the marine environment. Specifically, the task force must make recommendations on the following:

(a) Mechanisms for better coordination of state-level marine protection programs, including the department of fish and wildlife's marine protected area designation and the department of natural resources' marine reserves program; and

(b) Mechanisms for better communication and coordination with local marine resource committees.

NEW SECTION. Sec. 7. In establishing marine reserves and marine protected areas, state and local governments must recognize the comanagement role of tribal governments. The state must coordinate on a government-to-government basis with tribal governments prior to adopting any marine reserve or marine protected area proposal.

Sec. 8. RCW 79.24.580 and 2001 c 227 s 7 are each amended to read as follows:

After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; ((~~and~~)) for volunteer cooperative fish and game projects; and for the funding of Puget Sound marine resource committees created under the authority of chapter 77.-- RCW (sections 1 through 5 and 7 of this act).

In providing grants for aquatic lands enhancement projects, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefits in its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grants. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.

During the fiscal biennium ending June 30, 2001, the funds may be appropriated for boating safety, shellfish management, enforcement, and enhancement and for developing and implementing plans for population monitoring and restoration of native wild salmon stock.

NEW SECTION. Sec. 9. Sections 1 through 5 and 7 of this act constitute a new chapter in Title 77 RCW.