BILL REQ. #:  S-1353.2 

Read first time 02/13/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to the Skagit watershed; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that the agricultural lands of the Skagit valley provide a vibrant local economy, valuable habitat for waterfowl, and agricultural products enjoyed throughout the world. The legislature also finds that the Skagit estuary is an important habitat for Puget Sound salmon, and that agriculture and salmon protection are not mutually exclusive. The current efforts by the Washington department of fish and wildlife to address fish passage in the Skagit watershed through conditions on individual permits do not take into account broader impacts to the Skagit community, and do not allow for a watershed-wide approach to salmon recovery.
     Therefore, the legislature intends to require the development of a strategy to protect and recover salmon in the Skagit watershed, while preserving agricultural lands and a viable agriculture industry.

NEW SECTION.  Sec. 2   (1) The department of fish and wildlife, in coordination with Skagit county, shall develop a strategy to address the management, operation, and maintenance of tide gates in the Skagit watershed. The strategy must be submitted to the appropriate standing committees of the legislature by December 1, 2004. The strategy must consist of the following elements:
     (a) An inventory of existing tide gates in the Skagit watershed. The inventory must include location, age, type, and maintenance history of the tide gate, and other factors as determined by the department;
     (b) An assessment of the role of tide gates in the Skagit watershed. The department of fish and wildlife shall assess the role of tidal sloughs in salmon life stages, the characteristics of properly functioning sloughs, the effect of tide gates on tidal sloughs, the economic impacts of tide gate removal, and alternatives to tide gate removal; and
     (c) A long-term proposal for tide gate management to meet the two goals of salmon recovery and preservation of agricultural lands. The department of fish and wildlife and Skagit county shall convene a work group of interested parties, including local landowners, tribes, local governments, federal fishery agencies, and representatives of the local lead entity under RCW 77.85.050, to develop the proposal, based on the inventory and assessment under (a) and (b) of this subsection. The proposal should include methods to increase fish passage and enhance habitat on public lands, voluntary methods to increase fish passage on private lands, a priority list of fish passage projects, operation and maintenance standards for tide gates where fish passage will not be required, and recommendations for funding of high priority projects.
     (2)(a) The department of fish and wildlife may not require fish passage as a condition of hydraulic project approval for maintenance or replacement of agricultural drainage systems under RCW 77.55.100 until July 1, 2005, after the strategy developed under section 1 of this act is reviewed by the legislature.
     (b) Any condition requiring fish passage in an existing hydraulic project approval issued under chapter 77.55 RCW is stayed until July 1, 2005.