AN ACT Relating to fish passage barrier removal; adding new sections to chapter 75.50 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds:

(1) The increasing population and continued development throughout the state, and the transportation system needed to serve this growth, have exacerbated problems associated with culverts, creating barriers to fish passage. These barriers obstruct habitat and have resulted in reduced production and survival of anadromous and resident fish at a time when salmonid stocks continue to decline. There is a growing need to remove fish passage barriers related to transportation facilities; (2) Current state laws do not appropriately direct resources for the correction of fish passage obstructions related to transportation facilities. The department of fish and wildlife has historically worked with a number of cities, counties, and private organizations in successful but limited correction of specific fish passage problems. However, current fish passage management efforts related to transportation projects lack necessary coordination on a watershed, regional, and state-wide basis; have inadequate funding; and fail to maximize use of available resources;

(3) The department of transportation has expended funds on fish passage research and has a barrier removal program in place that is managed jointly with the department of fish and wildlife. To develop a coordinated program throughout the state, there is a need to supplement the department of transportation's current fish passage barrier removal program by expanding it to include cities and counties, and increasing funding and coordination to cover that expanded program. Past appropriations made by the legislature for the removal of fish passage barriers were intended to address applicable federal and state mandates on habitat protection.

NEW SECTION. Sec. 2. It is the intent of the legislature that:

(1) This act encourage new opportunities for cities, counties, Indian tribes, and the state to participate in the removal of transportation-related fish passage barriers. It is recognized that Indian tribes, as comanagers of fisheries throughout much of Washington state, can make significant contributions to the program based on inventories they have conducted;

(2) Potential threatened and endangered species listings, and loss of commercial and recreational opportunities, justify the need for more effective fish passage barrier removal. The costs estimated to remove all identified barriers far exceed available revenue;

(3) This act establish a program to develop a state-wide coordination mechanism for identifying, prioritizing, and funding the removal of transportation-related fish passage barriers in the most ecologically beneficial and cost-effective manner;

(4) These programs be fully coordinated with storm water programs to maximize the effectiveness of both programs. Transportation facilities include, but are not limited to, state and local roads and highways, railroads, and private roads and driveways.

NEW SECTION. Sec. 3. The department of transportation and the department of fish and wildlife shall develop and implement a coordinated fish barrier identification program to coordinate funding and grants to address fish passage problems associated with transportation facilities.

NEW SECTION. Sec. 4. The fish passage barrier removal committee consisting of representatives from the department of transportation, acting as chair, the department of fish and wildlife, the department of ecology, the department of natural resources, cities, counties, Indian tribes, an environmental organization, and a business organization, shall oversee the program. The committee may add representatives of other agencies, organizations, or interest groups to serve as members or in an advisory capacity.

NEW SECTION. Sec. 5. The fish passage barrier removal program must address, but is not limited to, the following objectives: (1) Greater state-wide coordination in the identification of fish barriers; (2) greater state-wide coordination in the construction of fish passage facilities; (3) encouraging multijurisdictional projects; (4) developing priorities and approaches for implementing activities on a watershed basis; (5) developing criteria for a grant program; (6) identifying and prioritizing fish passage retrofit projects for grant funding; (7) evaluating methods to determine cost-saving and ecological benefits of proposed projects; (8) identifying ways to facilitate the sharing of technical resources; (9) developing methods for monitoring and evaluating activities carried out under the program; (10) making recommendations for ongoing funding of the program after evaluating potential sources including, but not limited to, the federal transportation program, the motor vehicle fund, the transportation fund, natural resource-based funding sources, local and private contributions, user fees, and other grant sources; (11) inventorying and mapping; (12) research; (13) tying the program to permit streamlining for implementation; (14) developing standard plans; and (15) investigating prefabricated materials that can be installed to facilitate fish passage.

The department of transportation shall coordinate fish passage committee activities and administer grants to facilitate construction of the highest priority state and local fish passage projects based on ecological and cost-saving benefits.

NEW SECTION. Sec. 6. Funds may be provided to cities, towns, counties, port districts, municipal corporations, special purpose districts, conservation districts, Indian tribes, the department of natural resources, the department of fish and wildlife, and the department of transportation. Funding appropriation may include inventory and survey work. In developing project criteria, the fish passage barrier removal committee shall identify the most urgent transportation-related fish passage problems and develop methods for applying priorities across watersheds. Criteria will also include economics and cost-effectiveness; impact of the fish passage barrier on endangered species; and potential impact to the state from impending endangered species listings. Consideration will be given for projects within a local watershed plan. The committee may give added weight to the projects in which contributions, investments in surveys, and other involvement are multijurisdictional.

NEW SECTION. Sec. 7. By January 1, 1999, the department of transportation and the department of fish and wildlife shall jointly submit to the appropriate committees of the senate and house of representatives a report on implementation of the fish passage barrier removal funding and implementation program. The report will include proposed criteria for project selection, procedures for managing the program, and recommendations for achieving program objectives identified in section 5 of this act.

NEW SECTION. Sec. 8. This act does not apply to fish passage barriers in seasonal streams or drainage ditches.

NEW SECTION. Sec. 9. Sections 3 through 6 of this act are each added to chapter 75.50 RCW.