BILL REQ. #:  S-4564.1 

READ FIRST TIME 02/05/04.   

     AN ACT Relating to regional programs for the recovery of fish runs listed under the federal endangered species act; 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 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 uses of existing regional efforts. The legislature finds that the southwest Washington pilot program created by the legislature in 1998 for regional fish recovery in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties is a successful model that should be used for other regional fish recovery programs. It is the intent of the legislature to address statewide fish listings in a manner that takes advantage of all state and local efforts, and in a manner consistent with the lessons learned in the southwest Washington pilot program.

NEW SECTION.  Sec. 2   A program for local or regional fish recovery is established for Asotin, Columbia, Garfield, Walla Walla, and Whitman counties. The management board created under section 3 of this act is responsible for the operation, funding, support, and jurisdiction for the development of: (1) Salmon and steelhead recovery plans; (2) implementation of the recovery plan; and (3) other programs and projects as deemed necessary for the recovery of fish.

NEW SECTION.  Sec. 3   (1) The management board is created. The management board shall consist of representatives of the local or regional interests. The number of members, qualifications, terms, and responsibilities of the management board shall be specified in an interlocal agreement under chapter 39.34 RCW or resolution of a local government. The interlocal agreement or resolution may be changed from time to time to reflect changing circumstances.
     (2) The management board shall, at a minimum, have the following powers and duties:
     (a) The management board is responsible for the development of a salmon and steelhead recovery plan and the implementation of any projects or efforts conceived under the recovery plan. While developing the recovery plan, the management board shall work in cooperation with the state and national marine fisheries service or the United States fish and wildlife service to address habitat for aquatic species that may be listed, or subsequently listed, under the federal endangered species act.
     (b) The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of other units of local government.
     (c) The management board must prioritize and approve projects and programs as it deems appropriate and related to salmon and steelhead recovery within the region, including the funding of those projects and programs, and must coordinate local government efforts as prescribed in the recovery plan.
     (d) The management board must establish criteria for funding projects and programs based on the project's or program's likely value in salmon and 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.
     (e) The management board shall assess the factors for decline along each prioritized stream as identified in the recovery plan. The management board is encouraged to take a stream-by-stream approach in conducting the assessment that utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.
     (f) The management board shall ensure that watershed management and fish recovery plans are consistent and compatible with each other.
     (g) The management board shall work with state and local governments to develop and implement coordinated regional public education and involvement efforts. These efforts shall help inform the public of fish recovery efforts, solicit public participation in the development of recovery plans, projects, and programs, and promote volunteer participation in recovery and restoration activities.
     (h) The management board has authority to: Hire and fire staff, including an executive director; enter into contracts; accept grants and other moneys; disburse funds; and make recommendations to cities and counties regarding potential code changes and the development of programs and incentives. The management board must pay all necessary expenses, and choose a fiduciary agent.
     (i) Evaluation of harvest and hatchery effects and development of action plans will be conducted by the department of fish and wildlife, treaty Indian tribes, and federal fisheries agencies. The department of fish and wildlife will actively participate in the management board to ensure the integration of habitat, harvest, hatchery, and hydropower recovery plan elements.
     (j) The management board shall report on its progress on a quarterly basis to the legislative bodies that are signatories to the interlocal agreement or resolution of a local government.
     (k) Any additional authorities and responsibilities of the management board must be described in an interlocal agreement or resolution of a local government.

NEW SECTION.  Sec. 4   The management board shall appoint and consult with a technical advisory committee. The technical advisory committee includes four representatives of the following state agencies: The commissioner of public lands; and the directors of the departments of ecology, fish and wildlife, and transportation. The agencies may recommend one member each to the technical advisory committee. The management board may appoint the representatives from the state agencies and any additional members to the technical advisory committee.

NEW SECTION.  Sec. 5   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 chapter.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 77 RCW.