CERTIFICATION OF ENROLLMENT
HOUSE BILL 1035
2001 Regular Legislative Session
Passed by the House Feburary 22, 2001
Yeas 98 Nays 0
Speaker of the House of Representatives
Speaker of the House of Representatives
Passed by the Senate April 11, 2001
Yeas 45 Nays 0
We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1035 as passed by the House of Representatives and the Senate on the dates hereon set forth.
President of the Senate
Governor of the State of Washington
Secretary of State
State of Washington
HOUSE BILL 1035
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001 Regular Session
By Representative Pennington
Read first time 01/11/2001. Referred to Committee on Natural Resources.
AN ACT Relating to the management board created to implement the habitat portion of the lower Columbia steelhead conservation initiative; amending RCW 77.85.200; amending 1998 c 60 s 1 (uncodified); and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 77.85.200 and 2000 c 107 s 121 are each amended to read as follows:
(1) A ((
program for steelhead recovery is established in Clark, Cowlitz, Lewis,
Skamania, and Wahkiakum counties within the habitat area classified as
evolutionarily significant unit 4 by the federal national marine fisheries
service. The management board created under subsection (2) of this section is
responsible for implementing the habitat portion of the approved steelhead
recovery initiative and is empowered to receive and disburse funds for the
approved steelhead recovery initiative. The management board created pursuant
to this section shall constitute the lead entity and the committee established
under RCW 77.85.050 responsible for fulfilling the requirements and exercising
powers under this chapter.
(2) A management board consisting of fifteen voting members is created within evolutionarily significant unit 4. The members shall consist of one county commissioner or designee from each of the five participating counties selected by each county legislative authority; one member representing the cities contained within evolutionarily significant unit 4 as a voting member selected by the cities in evolutionarily significant unit 4; a representative of the Cowlitz Tribe appointed by the tribe; one state legislator elected from one of the legislative districts contained within evolutionarily significant unit 4 selected by that group of state legislators representing the area; five representatives to include at least one member who represents private property interests appointed by the five county commissioners or designees; one hydro utility representative nominated by hydro utilities and appointed by the five county commissioners or designees; and one representative nominated from the environmental community who resides in evolutionarily significant unit 4 appointed by the five county commissioners or designees. The board shall appoint and consult a technical advisory committee, which 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 five county commissioners or designees and the legislator on the board. In making appointments under this subsection, the county commissioners 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)(a) The management board shall participate in the development of a recovery plan to implement its responsibilities under (b) of this subsection. 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 steelhead habitat. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.
(b) The management board is responsible for implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation initiative approved by the state and the national marine fisheries service. The management board may work in cooperation with the state and the national marine fisheries service to modify the initiative, or to address habitat for other aquatic species that may be subsequently listed under the federal endangered species act. The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.
(c) The management board shall prioritize as appropriate and approve projects and programs related to the recovery of lower Columbia river steelhead runs, including the funding of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The management board shall establish criteria for funding projects and programs based upon their likely value in steelhead recovery. The management board may consider local economic impact among the criteria, but jurisdictional boundaries and factors related to jurisdictional population may not be considered as part of the criteria.
(d) The management board shall assess the factors for decline along each prioritized stream as listed in the lower Columbia steelhead conservation initiative. The management board is encouraged to take a stream-by-stream approach in conducting the assessment which utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.
(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 bodies of the five
participating counties and the state natural resource-related agencies. The
management board shall prepare a final report at the conclusion of the ((
program describing its efforts and successes in implementing the habitat
portion of the lower Columbia steelhead conservation initiative. The final
report shall be transmitted to the appropriate committees of the legislature,
the legislative bodies of the participating counties, and the state natural
(5) The ((
program terminates on July 1, (( 2002)) 2006.
(6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an evolutionarily significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
Sec. 2. 1998 c 60 s 1 (uncodified) is amended to read as follows:
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 ((
program for southwestern Washington to address the recent steelhead listings
and which takes full advantage of all state and local efforts at habitat
restoration in that area to date.
NEW SECTION. Sec. 3. This act takes effect August 1, 2001.
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