[atlas:bill]

AN ACT Relating to the closure of rivers and streams for protection of threatened or endangered salmon; adding new sections to chapter 77.85 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the recovery of threatened or endangered salmon stocks listed under the endangered species act is best accomplished through preventative measures. Upstream migrating adult salmon and spawners are vulnerable to poaching, disturbance from human recreational activities, and instream hydraulic projects. Low streamflow conditions, high water temperatures, presence of fish disease pathogens, degraded water quality, and a host of other factors may cause adult salmon or spawners to be more susceptible to human activities. The prevention of harm to threatened or endangered salmon requires that some rivers or streams be closed to human access during critical times of the year and that the closure decisions be made on a case-by-case basis by the fish and wildlife commission.

NEW SECTION. Sec. 2. (1) When, in the opinion of the commission, any river or stream is subject to any abnormal streamflow condition, the commission may designate the river or stream as an area subject to closure, and the commission shall adopt rules for the protection thereof.

(2) All rules shall be published in newspapers of general circulation in the counties where the region of the river or stream subject to closure is situated for the length of time as the commission may determine.

(3) When, in the opinion of the commission, it becomes necessary to close the region of a river or stream to entry, posters carrying the wording "Region of abnormal streamflow conditions-CLOSED TO ENTRY-except as provided by section 2 of this act" and indicating the beginning and ending dates of the closures shall be posted on the public highways entering the regions.

(4) The rules shall be in force from the time specified therein, but when, in the opinion of the commission, the closed river or stream region continues to be exposed to abnormal streamflow conditions, or ceases to be so exposed, the commission may extend, suspend, or terminate the closure by proclamation.

(5) This section does not authorize the commission to prohibit the conduct of industrial operations, public work, or access of permanent residents to their own property within the closed area, but no one legally entering the region may use the area for recreational purposes which are prohibited to the general public under the terms of this section.

NEW SECTION. Sec. 3. In times and localities of abnormal streamflow conditions, the commission may issue an order suspending any or all hydraulic permits or privileges authorized by chapter 77.55 RCW and may prohibit absolutely the alteration of the natural flow or bed of any salt or fresh waters in these locations.

NEW SECTION. Sec. 4. (1) A person violating section 2 of this act is guilty of a misdemeanor.

(2) A person violating section 3 of this act is guilty of a gross misdemeanor.

NEW SECTION. Sec. 5. The departments of natural resources, fish and wildlife, and ecology shall coordinate the closure of any lands, streams, or rivers to improve abnormal streamflow conditions.

NEW SECTION. Sec. 6. For the purposes of sections 2, 3, and 5 of this act, "abnormal streamflow conditions" means an atypical disturbance to a stream or river, which includes low streamflow, water-borne pathogens, degraded water quality, high water temperatures, or any other factor which negatively impacts threatened or endangered salmon.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 77.85 RCW.