SENATE BILL REPORT

SB 5477

BYSenators Amondson, Owen, Metcalf, DeJarnatt, Kreidler and Smith

Mandating stronger enforcement of mitigation agreements protecting fishery resources.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 6, 1989; March 1, 1989

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Kreidler, Owen, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

BACKGROUND:

There is concern that mitigation for lost salmon and steelhead runs is not proceeding rapidly enough.  State and federal laws require that the owners of hydroelectric dams carry out mitigation for lost runs.  Mitigation may include any number of actions including fishways, fish screens, hatcheries, spawning channels and special programs to release salmon below dams.

SUMMARY:

The Legislature declares that there is an emergency due to the reduced condition of the anadromous fishery in certain rivers with hydroelectric dams.  Mitigation agreements are not being fulfilled and mitigation hatchery facilities are not operating efficiently.  Fishways and fish screens have not been installed or are inefficient and this has caused a reduction of salmon and steelhead fish runs.

The Department of Fisheries will fully enforce all mitigation agreements that have been signed with the hydroelectric dam operators.  The office of Attorney General shall immediately enforce any unfulfilled mitigation agreements that have been signed in the past between the department and an operator.

The Department of Fisheries will fully enforce all statutes requiring mitigation and the office of Attorney General shall be informed of any violation of these laws by the Department of Fisheries.  The Attorney General's office will commence legal action against every hydroelectric dam operator not in compliance.  In addition, the individual may bring legal action in a superior court of Thurston County against the director of Fisheries for failure to enforce existing laws.

The Department of Fisheries in conjunction with the Department of Wildlife will establish minimum performance levels for fish mitigation at each hydroelectric project.  The department will establish a progress time schedule for each run of fish for every hydroelectric project.  The office of Attorney General will immediately be informed of any hydroelectric project that is not meeting minimum performance levels or time schedules on fish mitigation and shall commence legal action against operators not in compliance.

The Attorney General's office is required to prepare a yearly report to the Legislature on litigation against hydroelectric dam operators for unfulfilled anadromous fish mitigation.  The report is due December 31 of each year.

The state policy for anadromous fish mitigation of new federal licensed projects seeks complete mitigation in the same location with the same species as in pre-dam conditions.  The Departments of Fisheries and Wildlife will implement a policy for every new hydroelectric project that is federally licensed and for every project that re-licenses.

The Department of Wildlife will carry out mitigation agreements that have been signed with each hydroelectric dam operator.  The Attorney General shall enforce such agreements.  The Department of Wildlife will enforce all existing statutory requirements for mitigation and the Attorney General will enforce such statutes.  Any individual may bring action in a superior court of Thurston County against the director of Wildlife and the Wildlife Commission for failure to enforce the laws relating to mitigation.

Prior to determination that a fishway is impractical for a dam or other hydraulic project, the director of Fisheries will request an advisory ruling from the Salmon Advisory Council and shall conduct at least three public hearings in the geographic area of the project in cooperation with the county commissioners of each county involved.  An emergency clause and a severability clause are included.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 31, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Lee Smith, Department of Wildlife (pro); Ed Manary, Department of Fisheries (pro); Steve Arbaugh, Puget Sound Gillnet (pro); Barry Jenkins (pro); Jim King, Washington State Sports Council (pro); James Fenton, Wildlife Department (pro); Kahler Martinson, Department of Fisheries (pro); Paul Svoboda, Tacoma City Light (con)