[atlas:bill]

AN ACT Relating to remote site incubators; amending RCW 77.95.200; adding a new section to chapter 77.95 RCW; creating new sections; and making appropriations.

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

NEW SECTION. Sec. 1. In 1998, the legislature authorized development of remote site incubators to reestablish wild salmon and trout populations to self-sustaining status through natural spawning. Remote site incubators were placed in tributaries to assist in the reestablishing of endangered species act listed chinook salmon in the Nooksack river, chum salmon in Hood Canal and the Columbia river, and coho in the north Puget Sound. The first return from these remote site incubator-assisted chum and chinook salmon will be in 2001, and it is the intent of the legislature to provide assistance in the monitoring of the returns to determine remote site incubators' cost-effectiveness for supplementation of fish populations, and to continue the remote site incubator program as a component of wild salmon recovery.

Sec. 2. RCW 77.95.200 and 1998 c 251 s 2 are each amended to read as follows:

(1) The department shall develop and implement a program utilizing remote site incubators in Washington state. The program shall identify sites in tributaries that are suitable for reestablishing self-sustaining, locally adapted populations of coho, chum, or chinook salmon. ((~~The initial selection of sites shall be completed by July 1, 1999, and updated annually thereafter.~~))

(2) The department may only approve a remote site incubator project if the department deems it is consistent with the conservation of wild salmon and trout. The department shall only utilize appropriate salmonid eggs in remote site incubators, and may acquire eggs by gift or purchase.

(3) The department shall depend chiefly upon volunteer efforts to implement the remote site incubator program through volunteer cooperative projects and the regional fisheries enhancement groups. The department may prioritize remote site incubator projects within regional enhancement areas.

(4) The department may purchase remote site incubators and may use agency employees to construct remote site incubators. The ((~~director and the secretary of the~~)) department ((~~of corrections~~)) shall ((~~jointly investigate the potential of producing remote site incubators through the prison industries program of the department of corrections, and shall jointly~~)) annually evaluate the results of the program and report ((~~their finding~~)) to the natural resources committees of the house of representatives and the senate by December ((~~1, 1999~~)) 1st of each year. The fish and wildlife commission must be provided with annual reports on the progress of the program.

(5) The department shall investigate the use of the remote site incubator technology for the production of warm water fish.

(((6) The department shall evaluate the initial results of the program and report to the legislature by December 1, 2000. Annual reports on the progress of the program shall be provided to the fish and wildlife commission.))

NEW SECTION. Sec. 3. A new section is added to chapter 77.95 RCW to read as follows:

The remote site incubator account is created in the custody of the state treasurer. All receipts from appropriations must be deposited into the account. Expenditures from the account may be used only for remote site incubator projects. Only the director of fish and wildlife or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 4. (1) The sum of two hundred twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2002, from the general fund to the department of fish and wildlife for deposit in the remote site incubator account created in section 3 of this act.

(2) The sum of two hundred twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2003, from the general fund to the department of fish and wildlife for deposit in the remote site incubator account created in section 3 of this act.

NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void.