BILL REQ. #:  H-0837.1 

Read first time 01/22/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to orca recovery; amending RCW 90.71.050; adding a new section to chapter 43.21A RCW; adding a new section to chapter 77.12 RCW; and adding a new chapter to Title 77 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that the orca whale is a significant cultural and economic resource in the northwest and its presence represents a key indicator of a healthy marine environment. The legislature also finds that orca populations in Washington waters, also known as the southern resident killer whale population, have declined by twenty percent in the past five years. The legislature further finds that, while current research points to several risk factors that may be impacting orca populations, including availability of prey, environmental contaminants, disease, whale watching, and other factors, more research and coordination of recovery efforts are required to successfully recover orca whale populations. The legislature recognizes that the national marine fisheries service anticipates proposing regulations to designate this population of orcas as a depleted stock under the marine mammal protection act. The legislature also recognizes that the department may review the status of the southern resident population to determine if a state threatened or endangered species listing is warranted. However, the legislature finds that, in addition to measures undertaken by the state and federal governments, a community-based recovery effort that involves a variety of interest groups and private individuals should be formed to assist in recovery of orca populations in Washington. Therefore, the legislature finds that it is in the best interest of the state to encourage the development of a nonprofit orca research and conservation association to coordinate orca research and recovery efforts.

NEW SECTION.  Sec. 2   (1) The state legislature authorizes the establishment of an independent, nonprofit organization known as the orca research and conservation association to coordinate orca research and recovery efforts.
     (2) The orca research and conservation association shall seek to:
     (a) Conduct orca research activities to further scientific knowledge regarding orca populations, habitat needs, migration, and other factors impacting orca survival; and
     (b) Coordinate state orca recovery efforts by working with state and federal stakeholders participating in orca recovery, including but not limited to the national marine fisheries service, the Puget Sound action team, the department of ecology, the department, and private organizations to ensure that private and government resources are used efficiently and effectively to recover orca populations.

NEW SECTION.  Sec. 3   (1) The orca research and conservation association should allow any interested person or group to become a member of the association.
     (2) The association should attempt to have representation on its board of directors and within its membership from all groups with an interest in orca recovery. The association also should attempt to have representation on its board of directors and within its membership from the citizens of the state. The association should encourage participation in the association by federal, state, and local agencies involved in water quality, marine protection, and species recovery research and activities.
     (3) The association is encouraged to consider establishing a technical advisory committee to provide scientific and technical expertise to the association and to make recommendations to the association's board of directors.

NEW SECTION.  Sec. 4   The orca research and conservation account is created in the custody of the state treasurer. All receipts from federal funds provided for orca research and recovery, private donations, and other moneys appropriated to the account by the legislature must be deposited into the account. Expenditures from the account may be used only for orca research and recovery efforts. Only the director of the department 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. 5   A new section is added to chapter 43.21A RCW to read as follows:
     The department shall provide technical assistance to the orca research and conservation association created in section 2 of this act. The department's technical assistance must include assisting in research, recovery plan development, and other activities to address the decline of orca populations in Washington.

NEW SECTION.  Sec. 6   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall provide technical assistance to the orca research and conservation association created in section 2 of this act. The department's technical assistance must include assisting in research, recovery plan development, and other activities to address the decline of orca populations in Washington.

Sec. 7   RCW 90.71.050 and 1998 c 246 s 15 are each amended to read as follows:
     (1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife. The work plan and budget shall include specific actions and projects pertaining to salmon recovery plans and orca recovery plans developed by the orca research and conservation association created in section 2 of this act.
     (b) In developing a work plan, the action team shall meet the following objectives:
     (i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;
     (ii) Consider the problems and priorities identified in local plans; and
     (iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.
     (c) In developing a budget, the action team shall identify:
     (i) The total funds to implement local projects originating from the planning process developed for nonpoint pollution; and
     (ii) The total funds to implement any other projects designed primarily to restore salmon habitat.
     (2) In addition to the requirements identified under RCW 90.71.020(2)(a), the work plan and budget shall:
     (a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:
     (i) Area 1: Island and San Juan counties;
     (ii) Area 2: Skagit and Whatcom counties;
     (iii) Area 3: Clallam and Jefferson counties;
     (iv) Area 4: Snohomish, King, and Pierce counties; and
     (v) Area 5: Kitsap, Mason, and Thurston counties;
     (b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;
     (c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060;
     (d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;
     (e) Provide sufficient funding to provide support staff for the action team; and
     (f) Describe any proposed amendments to the Puget Sound management plan.
     (3) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.
     (4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

NEW SECTION.  Sec. 8   Sections 1 through 4 of this act constitute a new chapter in Title 77 RCW.