S-453                 _______________________________________________

                                                   SENATE BILL NO. 5156

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/18/89 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to Cedar river sockeye salmon; adding new sections to chapter 75.52 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature hereby designates the Cedar river sockeye salmon enhancement project as the "Washington state centennial salmon venture."

NEW SECTION. Sec. 2.     The legislature recognizes that King county has a unique urban setting for a  recreational fishery and that Lake Washington and the rivers which flow into it should be developed for greater salmon production.    A Lake Washington fishery is accessible to fifty percent of the state's citizens by automobile in one hour.  There has been extensive sockeye fishing success primarily from fish originating in the Cedar river.  The legislature intends to enhance the Cedar river fishery by active state and local management and intends to maximize the Lake Washington fish runs for recreational fishing for all of the citizens of the state.  A sockeye enhancement program could produce between six hundred thousand and one million sockeye salmon.  This project would enhance the public's appreciation of our state's fisheries, would demonstrate the role of a clean environment, and would show that positive cooperation can exist between local and state government in planning and executing programs which directly serve the public.

NEW SECTION. Sec. 3.     A salmon spawning channel shall be constructed with cooperation from the state department of fisheries.  The department shall use the volunteer fisheries enhancement program outlined under chapter 75.52 RCW to assist in the program.

NEW SECTION. Sec. 4.     The department of fisheries shall, using its existing personnel, prepare construction plans and a development proposal on the creation of a Cedar river sockeye spawning channel.  The report shall be submitted for review by the senate and house of representatives natural resources and environment committees by June 1, 1989.  If the department of fisheries is unable to provide the planning and construction report by the June 1, 1989, date, any public or private party may develop such plans on their own and submit them to the legislature by that date.  However, public and private agencies may also develop plans different from those of the department of fisheries if they can demonstrate that such plans would produce more sockeye at lower cost by using private and volunteer efforts, or a public and private mix.  The committees may make recommendations to the local government coordinating the project.

NEW SECTION. Sec. 5.     The department shall develop plans for the construction of a three-mile spawning channel in the Cedar river as outlined in section 6 of this act.  Local government shall contract for the construction of the spawning channel using existing contracting procedures. The construction shall commence no later than September 1, 1989, in order to receive the 1990 sockeye salmon run.

NEW SECTION. Sec. 6.     The department shall develop plans for the construction of a three-mile channel located in the vicinity of river-mile 21 downstream from the Landsberg diversion dam.

NEW SECTION. Sec. 7.     The legislature recognizes that if funding for this project is provided by a public utility that diverts water for public use, the project will serve as partial mitigation for lost spawning areas above such diversion.

NEW SECTION. Sec. 8.     The department of fisheries, the department of ecology, all other state agencies, and local governments shall expedite all required permits prior to the submission of the report by the department of fisheries on July 1, 1989.

NEW SECTION. Sec. 9.     The legislature hereby declares that the construction of the Cedar river sockeye spawning channel is in the best interest of the state of Washington and meets all of the requirements necessary to give it special expedited status with respect to the state shoreline management act, state environmental policy act, and hydraulic permit program.

NEW SECTION. Sec. 10.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 12.    Sections 3 through 9 of this act are each added to chapter 75.52 RCW.