FINAL BILL REPORT

SB 5156

PARTIAL VETO

                               C 85 L 89

BYSenators Thorsness, Warnke, McDonald, Cantu, Rasmussen, Metcalf, von Reichbauer, Gaspard and Barr

Providing for the Cedar river sockeye salmon enhancement program.

Senate Committee on Environment & Natural Resources

House Committe on Fisheries & Wildlife

SYNOPSIS AS ENACTED

BACKGROUND:

The Lake Washington sockeye run is one of the largest salmon runs in the 48 contiguous states.  In 1935, sockeye from the Baker Lake area were introduced to Lake Washington.  In 1987, 183,000 sockeye passed through the fish ladder at the Ballard locks.  Over 90 percent of these returning fish spawn naturally in the Cedar River.

Rather than by artificial propagation, sockeye management focused on maintaining optimum escapement levels and maximizing the spawning area through stream flow manipulation and improvement is necessary.  There has been an interest in constructing a spawning channel to avoid the detrimental impacts of seasonal flooding and to produce a substantially increased fish run.

An increased sockeye salmon run on the Cedar River will provide more fish for sports and commercial fisheries and the Indian tribal fishery.

SUMMARY:

The Cedar River sockeye salmon enhancement project is declared a "Washington State Centennial Salmon Venture."  King County's unique setting with Lake Washington in the center of 50 percent of the state's population is recognized.  The Cedar River sockeye salmon program will be enhanced by active state and local management programs.

A salmon spawning channel will be constructed on the Cedar River with the assistance and cooperation of the Department of Fisheries.  The department will use existing personnel and cooperative fisheries enhancement program volunteers (RCW 75.52) to assist in the planning, construction and operation of the spawning channel.

The Department of Fisheries will chair a technical committee which will review the preparation of enhancement plans and construction designs for a Cedar River sockeye spawning channel.  The technical committee will consist of eight members:  one representative from the Department of Fisheries, the National Marine Fishery Service, United States Fish and Wildlife Service, the Muckleshoot Indian Tribe, and four representatives from the public utility.  The technical committee will be guided by a policy committee to be chaired by the Department of Fisheries.

The policy committee will consist of six members:  a representative from the Department of Fisheries, the Muckleshoot Indian Tribe, one from either the National Marine Fishery Service or the United States Fish and Wildlife Service, and three representatives from the public utility.  The policy committee will present a progress report to the Legislature by January 1, 1990 and will oversee the operation and evaluation of the spawning channel.  The policy committee will continue in existence until the spawning channel meets the production goals specified in this act.

The channel is to produce sockeye salmon fry comparable in quality and equal in number to those produced naturally by 262,000 adults that could have spawned upstream from the Landsberg diversion dam.  Construction of the spawning channel will commence no later than September 1, 1990 and the initial construction size will be adequate to produce 50 percent or more of the production goal.  The Department of Fisheries, the Department of Ecology and other state agencies and local governments will expedite required permits for construction and operation.

The Legislature declares that the construction of the Cedar River sockeye channel is in the best interest of the state of Washington.  If funding, planning, design, evaluation, construction and operating expenses are provided by a public utility and if the performance of the spawning channel meets production goals, the Cedar River spawning channel project will serve as compensation for the lost sockeye salmon spawning habitat upstream from the Landsberg dam.

The public utility will place $2,500,000 in the state general fund Cedar River channel construction and operation account to provide operation and maintenance funds for the facility.  The Treasurer may invest funds from the account and the interest from the account shall be used for operation and maintenance of the spawning channel.

If the requirements of this act are not met, the Department of Fisheries is directed to seek immediate legal verification of the steps which must be taken to fully mitigate water diversion projects on the Cedar River.

A severability clause and an emergency clause are included.

VOTES ON FINAL PASSAGE:

     Senate   46    1

     House 95  0

EFFECTIVE:July 23, 1989

Partial Veto Summary:  The expedited state permit language and the emergency clause are removed.  (See VETO MESSAGE)