S-527                 _______________________________________________

                                                   SENATE BILL NO. 5290

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf, DeJarnatt, Benitz, Rasmussen, Barr and Gaspard

Read first time 1/20/89 and referred to Committee on  Environment & Natural Resources.

AN ACT Relating to salmon enhancement; amending RCW 75.48.120; and providing an expiration date.

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

        Sec. 1.  Section 2, chapter 327, Laws of 1977 ex. sess. as last amended by section 40, chapter 36, Laws of 1988 and RCW 75.48.120 are each amended to read as follows:

          (1) The department shall not acquire, construct, or substantially improve a salmon enhancement facility unless the requirements of this section are met.

          (a) The productivity of a salmon propagation facility is very dependent on water quantity and quality.  Due to the limited number of water sources which meet the critical needs of a facility, it is imperative that these sources are acquired.  Therefore, site acquisitions and preliminary design shall be considered by the department as generally having priority over project development.

          (b) Prior to expending moneys for the construction and development of a particular salmon propagation facility, except for site acquisition and preliminary design, the department shall, with the advice of the advisory council created in subsection (2) of this section, give consideration to the following factors with respect to that facility:

          (i) The department's management authority over propagated salmon;

          (ii) The level of expected Canadian interception on the propagated salmon and whether this would be acceptable;

          (iii) Whether an acceptable agreement has been reached on the status of treaty Indian salmon harvest;

          (iv) Whether there can be a maximum harvest of propagated salmon with a tolerable impact on other salmonid stocks, both natural and artificial, and on their environment.  The department shall consult on this matter with the department of wildlife; and

          (v) Compatibility with regional policy statements and the salmon enhancement plan under chapter 75.50 RCW.

          (2) To aid and advise the department in the performance of its functions with regard to the salmon enhancement program and all aspects of the salmon program, a salmon advisory council is created.  The advisory council consists of six members appointed by the governor; four legislative ex officio nonvoting members, one appointed by each caucus in both the state senate and the house of representatives; and the director or his or her specifically appointed designee, who shall be the nonvoting chairman.  Of the members appointed by the governor, two shall represent non-Indian commercial fishermen, two shall represent sports fishermen, and two shall represent treaty Indian fishermen.  Of the treaty Indian fishermen, one shall be selected from a list provided by the Washington state tribal coordinating body and one shall be selected from a list provided by the Columbia  river tribal coordinating body defined in 16 U.S.C. 3302 (5) and (18).

          All members appointed by the governor shall serve terms of two years.  Vacancies shall be filled in the same manner as original appointments.

          The advisory council shall be convened by the director prior to the decision to expend funds for construction and development of any salmon enhancement project.  The council shall advise the director with regard to the considerations listed in subsection (1)(b) of this section and other factors the council deems relevant with respect to the proposed facility.  The council shall actively participate in the development of regional policy statements and the salmon enhancement plan.

          Members shall receive reimbursement through the department of fisheries for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

The advisory council shall be convened by the director at least once every three months to provide advice to the director on salmon program issues such as, but not limited to:  Catch allocation between user groups, budget changes, research needs, capital expenditures, technology improvements, enforcement needs, license costs, penalties for fishing rule violations, salmon treaty negotiations, management council activities, cooperative programs, summaries of ongoing litigation, intergovernmental agreements, generation of revenues, productivity of salmon hatcheries, and habitat protection programs.  The council shall advise the director on all issues on the agenda of the council.

          The salmon advisory council shall cease to exist on December 31, ((1989)) 1999.  This section expires on December 31, ((1989)) 1999.