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HOUSE BILL 1035
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 01/11/2001. Referred to
Committee on Natural Resources.
Extending a program of
steelhead recovery in certain counties.
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 ((pilot))
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 ((pilot))
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
resource-related agencies.
(5) The ((pilot))
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:
The legislature
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 ((pilot))
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.
