BILL REQ. #:  H-2355.1 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to creating a program for public-private partnerships for the operation and management of salmonid hatcheries now closed or scheduled for closure by the department of fish and wildlife during the 2009-2011 biennium; adding a new section to chapter 77.95 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds: (1) The full utilization of state salmonid hatcheries is vital to the recreational and commercial fisheries and related economic development and employment; and (2) effective measures are necessary to maintain all hatchery operations that are consistent with conservation of wild salmon populations and support sustainable fisheries.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.95 RCW to read as follows:
     (1) The department shall establish a program that utilizes public-private partnerships for the resumption or continued operation and management of state-owned salmonid hatcheries now closed or scheduled for closure during the 2009-2011 biennium. To implement the program, the department shall accept and review applications to determine the appropriateness of the private sector partners to manage and operate selected salmonid hatcheries. The department shall accelerate the application process relating to any hatchery currently in operation to avoid cessation of ongoing salmon production.
     (2)(a) When selecting private sector partners for approval, the department shall develop and apply criteria identifying the appropriateness of a potential partner. The criteria shall be subject to the provisions of RCW 77.100.040 and must attempt to ensure that the private sector partner has a long-range business plan, which may include a special harvest of hatchery salmon to ensure the long-range future solvency of the partnership.
     (b) Partners under this section must:
     (i) Be qualified under section 501(c)(3) of the internal revenue code;
     (ii) Meet an equivalent level of organizational legitimacy; or
     (iii) Be a federally recognized tribe.
     (3) The department shall prioritize partnership applications that provide for the maximum resumption or continuation of existing hatchery production in a manner consistent with the mandate contained in RCW 77.04.012 to maintain the economic well-being and stability of the fishing industry.
     (4) The department shall maintain full authority and oversight of the selected hatcheries. Partnership agreements entered into with private sector partners under this section may not adversely affect existing state laws, agency rules, hatchery management policy involving species listed under the federal endangered species act, or any applicable tribal hatchery management policy or recreational and commercial harvest policy.
     (5) All partnership agreements entered into under this section must contain a provision that requires the private sector partner to hold harmless the department and the state for any civil liability arising from the private sector partner's participation in the agreement or activities at the subject hatchery or hatcheries.