AN ACT Relating to salmon recovery planning; amending RCW 90.71.005, 90.71.020, 90.71.030, and 90.71.050; adding a new chapter to Title 75 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 finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to recover the salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.

The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated state-wide manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks within the state while also addressing improvements to water quality.

The legislature also recognizes that a science-based approach that incorporates adaptive management strategies will be needed to help salmon stocks recover, and that an effective monitoring system is essential for implementing adaptive management. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific review and oversight; regional councils should be formed to provide a mechanism to include local knowledge and decision making into salmon recovery efforts; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.

(2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects under section 11 of this act.

(3) "Department" means the department of fish and wildlife.

(4) "Director" means the director of the department of fish and wildlife.

(5) "Habitat project" includes habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation efforts, and habitat project maintenance and monitoring activities.

(6) "Natural resources-related state agencies" includes the department of natural resources, the department of fish and wildlife, the department of transportation, the parks and recreation commission, the Puget Sound water quality action team, the interagency committee for outdoor recreation, the conservation commission, the department of ecology, the department of agriculture, the department of health, and the department of community, trade, and economic development.

(7) "Region" or "regional" means an area of the state that is identified as being the boundaries of a regional fisheries enhancement group.

(8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production.

(9) "Schedule" means a habitat work schedule adopted by a regional council under section 7 of this act.

(10) "Tribe" or "tribes" means federally recognized Indian tribes.

(11) "Work plan" means a habitat work plan prepared by a regional council under section 11 of this act.

NEW SECTION. Sec. 3. By December 31, 1998, the governor shall submit a summary of the implementation of this act to the legislature, and include recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (1) The need to expand or improve nonregulatory programs and activities; (2) the need to expand or improve state and local laws and regulations; and (3) the feasibility of forming a state-wide or regional community foundation or any other funding alternatives to assist in financing salmon recovery efforts.

NEW SECTION. Sec. 4. Beginning in 1999, the governor shall submit a biennial state of the salmon report to the legislature during the first week of December. The report may include the following:

(1) A region-by-region description of the amount of funds, including volunteer, private, and state, federal, tribal as available, and local government money directly spent on salmon recovery in response to endangered species act listings;

(2) A summary of habitat projects including but not limited to:

(a) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

(b) A summary of salmon restoration efforts undertaken in the past two years; and

(c) A summary of the role which private volunteer initiatives and institutions of higher education contribute in salmon habitat restoration efforts;

(3) A summary of collaborative efforts undertaken with adjoining states or Canada;

(4) A summary of fish management activities affecting salmon recovery;

(5) A summary of information regarding impediments to successful salmon recovery efforts. The summary may include information on delays in obtaining approval or assistance from federal agencies, gaps or conflicts in state statutes, delays due to jurisdictional disputes, land management practices or other activities that are contributing to the degradation of salmon habitat, the lack of water or poor water quality during certain times of the year for certain stream segments, naturally based causes, international disputes, and any impediments to the success of regional councils;

(6) Information on the estimated carrying capacity of new habitat created pursuant to chapter . . ., Laws of 1998 (this act);

(7) A summary of the number and types of violations of existing laws pertaining to: (a) Water quality; and (b) salmon. The summary shall include information about sanctions imposed for these violations; and

(8) Recommendations to the legislature that would further the success of salmon recovery. The recommendations may include: (a) The need to expand or improve nonregulatory programs and activities; and (b) the need to expand or improve state and local laws and regulations.

NEW SECTION. Sec. 5. There is created the salmon recovery office within the office of the governor for the purpose of having a coordinated state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. By April 1, 1998, the governor shall appoint an executive director for the office. The executive director shall serve at the pleasure of the governor. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

The salmon office may consist of up to eight total staff, including the executive director. At least one of the permanent staff positions shall be reserved for a person who is knowledgeable in tribal fishery interests. At least two of the staff shall be employees of the department. Other agencies including the department may transfer existing staff as agreed to by the agencies and deemed necessary to achieve the duties of the salmon recovery office.

The governor's salmon recovery office may undertake activities on a state-wide or evolutionarily significant unit basis designed to improve the health of salmon, which may include the following:

(1) Assist the fish and wildlife commission in the negotiation of international and interstate compacts or treaties affecting salmon recovery;

(2) Act as liaison to the state congressional delegation, United States congress, federally recognized tribes, and the federal executive branch for issues related to the state's endangered species act salmon recovery plans;

(3) Coordinate the delivery of technical assistance to regional councils for the development and implementation of habitat work schedules and habitat work plans. State natural resources-related agencies shall provide ongoing technical assistance to regional councils;

(4) Review work plans with federal and tribal governments and state agencies, for conflict with applicable laws and treaties;

(5) Any other services requested by a region that are reasonably related to the development or implementation of a salmon habitat restoration plan and agreed to by the executive director;

(6) Establish a uniform state-wide reporting system for regional councils to collect information necessary to address topics that must be included as part of the governor's state of the salmon report;

(7) Provide information to regional councils that has been developed or collected by state and federal agencies;

(8) Develop electronic access to up-to-date information pertaining to salmon;

(9) Develop a data system to track information pertaining to the number and types of violations of existing laws pertaining to water quality and salmon, including information about sanctions imposed for these violations; and

(10) Coordinate and assist in the development of salmon recovery plans for evoluntionarily significant units, and submit those plans to the appropriate federal agencies in response to the federal endangered species act.

NEW SECTION. Sec. 6. (1) The department shall authorize the creation of, and establish the boundaries for, up to four new regional fisheries enhancement groups in the state. Up to three of the new groups may be located in eastern Washington and one new group may be located in western Washington.

(2) The boundaries served by a regional fisheries enhancement group shall constitute the boundaries of a region for the purpose of developing a habitat work plan. The department, after consultation with affected parties, may by rule adjust the boundaries of a regional fisheries enhancement group area.

(3) One or more regional councils may combine into a single area to carry out the purposes of chapter . . ., Laws of 1998 (this act).

NEW SECTION. Sec. 7. (1) There are established regional councils for the purpose of developing habitat work schedules and habitat work plans as outlined in section 11 of this act.

(2)(a) The regional council shall consist of: (i) Qualified representation of cities, counties, special purpose districts, state, and tribal governments; (ii) conservation districts; and (iii) project sponsors, regional fisheries enhancement groups, and other restoration interests.

(b) The nongovernmental participants shall predominately be residents of the regions and reflect a reasonably balanced representation between economic and other interests representing environmental, recreation, and other concerns.

(3) The department, in consultation with the appropriate local, state, tribal, and federal governmental agencies shall convene a public meeting to establish a regional council. The department shall assure the time, place, and location of the convening meeting or meetings is well advertised.

(4)(a) An existing group may serve as the regional council. To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsection (2) of this section. The existing group chosen in this manner plus any new members as in subsection (2) of this section will constitute the regional council for developing salmon habitat work plans under this chapter.

(b) In the event that two or more groups are seeking recognition from the department, the following criteria shall be used:

(i) A group that has been in existence shall be given preference;

(ii) A group that most closely resembles the representation identified in subsection (2) of this section shall be given preference; and

(iii) A group that has the broadest representation of the community shall be given preference.

(c) The department shall endeavor to ensure that members of a group not selected as a regional council are allowed to participate in habitat restoration activities.

(5) The department, in consultation with the local government entities in the region, shall formally recognize a regional council when the criteria under subsection (2) of this section are met.

(6) A regional council may invite representatives of federal agencies as appropriate to assist the regional council in the development of a salmon habitat work plan.

(7) Council members who are also project sponsors shall not participate in decision making on projects for which the member is the project sponsor and for which the member will recognize a direct financial benefit from the project.

NEW SECTION. Sec. 8. The regional council shall convene a technical assistance group consisting of federal, state, tribal, local, and private individuals with appropriate expertise to provide the technical services identified in section 11 of this act. Where appropriate, the conservation district within the region will take a lead in developing and maintaining relationships between the technical assistance groups and the private landowner project sponsors under section 9 of this act.

NEW SECTION. Sec. 9. (1) "Project sponsors" may include regional fisheries enhancement groups, private landowners, citizen groups, tribes, governmental entities, or nongovernmental entities implementing habitat projects. For a federal, state, or local governmental entity to be considered a project sponsor, it must manage riparian and littoral land in the region.

(2) Within a region, a group of project sponsors may be organized around a river, tributary, estuary, or subbasin of a watershed.

(3) Project sponsors undertake projects which have been prioritized by regional councils pursuant to section 11 of this act.

NEW SECTION. Sec. 10. (1) The regional council shall:

(a) Prioritize the habitat projects identified by a technical assistance group and project sponsors. The purpose of the prioritization is to rank projects in a manner that maximizes the habitat capable of establishing healthy populations of salmon;

(b) Develop and submit a habitat work plan as required under section 11 of this act; and

(2) The regional council may:

(a) Select an administrator and an administrative assistant and establish their responsibilities;

(b) Administer any available funds to project implementers for salmon restoration efforts;

(d) Contract for habitat projects.

NEW SECTION. Sec. 11. (1) Critical pathways methodology shall be used to develop a habitat work schedule and a habitat work plan that ensures salmon restoration activities within each region will be prioritized and implemented in a logical sequential manner that produces habitat capable of carrying healthy populations of salmon. The development of a habitat work schedule and a habitat work plan shall rely, to the extent possible, on existing information.

(2)(a) The regional council shall develop a habitat work schedule to prioritize and determine the order in which habitat projects within the region will be accomplished.

(b) The work schedule shall:

(i) Identify limiting factors for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical assistance group convened under section 8 of this act has lead responsibility for this task;

(ii) Identify and prioritize categories of projects, and prioritize between these categories, to respond to the limiting factors related to habitat identified by the technical assistance group. The technical assistance group convened under section 8 of this act has lead responsibility for this task;

(iii) Identify local habitat projects that sponsors are willing to undertake. Project sponsors have lead responsibility for this task;

(iv) Prioritize individual habitat projects to assure maximum benefit to salmon recovery. The regional council is responsible for this task, and shall consider salmon recovery efforts which are already being conducted in the region when developing the list of prioritized projects;

(v) Identify appropriate funding sources. The regional council has the lead responsibility for this task;

(vi) Issue requests for project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission have lead responsibility for this task;

(vii) Review, evaluate, and rank project proposals. The department of fish and wildlife, the department of transportation, and the conservation commission shall jointly review and evaluate project proposals in order to fund projects which will be beneficial to improving habitat for fish which are listed under the federal endangered species act or are considered to be weak stock;

(viii) Fund high priority projects, subject to available funding, and any constraints on that funding. The department of fish and wildlife, the department of transportation, the conservation commission, and any other funding entity have lead responsibility for this task. If the agencies find that one or more high priority projects for the region do not have a capable project sponsor, the agencies must gain support from a willing project sponsor prior to funding the project; and

(ix) Identify how projects will be monitored and evaluated. The regional council, in consultation with the technical assistance group and project sponsors, has lead responsibility for coordinating this task.

(i) A list of the limiting factors for salmon in the region identified by the technical assistance group or by any watershed assessment in the region;

(ii) A list of the entity or entities performing the habitat projects;

(iii) A description of the adaptive management process that will be used to develop subsequent work plans;

(iv) The start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species, of each project; and

(v) An assessment of all available private, local, tribal, state, and federal government resources available for projects identified in the schedule.

(3) The regional council shall submit a copy of the work plan to the salmon recovery office and to the independent science panel for review. The regional council may also implement those projects for which it has been able to obtain funding. Individual habitat work schedules may be prepared for a river, tributary, estuary, or subbasin of a watershed in a manner that allows the schedules to be combined to create a report which shows the recovery effort within a region, the state, or for specific runs of fish.

(4) The habitat work plans shall be updated on an annual basis to depict new activities, report progress on projects, show completion of scheduled activities, determine which recovery efforts were successful, and show where adaptive management is required to address those recovery efforts that failed.

NEW SECTION. Sec. 12. (1)(a) An independent science panel is hereby created consisting of five scientists appointed by the governor. The governor shall appoint the members of the independent science panel to a term of four years. The independent science panel members shall elect the chair of the panel among themselves every two years.

(b) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the chair of the house of representatives natural resources committee, and the chair of the senate natural resources and parks committee. The chair of the senate committee and the chair of the house of representatives committee may each remove one person from the list of recommended candidates submitted by the institution conducting the screening. The governor may remove two persons from the list of recommended candidates. The governor shall appoint the remaining five recommended candidates on the list as the members of the independent science panel.

(2) Membership of the independent science panel shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, and requirements for fully functioning ecosystems on a watershed basis.

(3) Members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as pursuant to RCW 43.03.050 and 43.03.060.

(4) Except as provided in section 13(3) of this act, the governor's office shall provide all necessary administrative support to the independent science panel.

(5) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts, and not to make policy decisions which are the responsibility of decision makers.

NEW SECTION. Sec. 13. The independent science panel shall have the following responsibilities:

(1) Reviewing and evaluating the intended outcomes and performance measures of regionally developed habitat work plans. Comparable habitat restoration plans that have already undergone independent scientific review before the effective date of this act are not subject to review by the independent science panel under this subsection;

(2) Developing, in cooperation with the Puget Sound ambient monitoring program, model monitoring programs for water quality and salmon habitat protection and restoration that may be used in regional salmon restoration efforts to track quantifiable performance measures. The Puget Sound action team, created in RCW 90.71.020, shall provide staff support to the independent science panel in the development of the model monitoring programs; and

(3) Reporting to the governor and the legislature on adaptive management recommendations, performance measures, and intended outcomes for habitat work plans.

NEW SECTION. Sec. 14. (1)(a) The legislature finds that:

(i) The health of many salmon stocks around the state have declined significantly and are currently in a critical or depressed condition;

(ii) Citizen involvement will be essential if the general decline in salmon health is to be reversed;

(iii) Citizens can and will show a remarkable level of involvement and commitment to restoring salmon and the healthy rivers and streams that salmon depend on; and

(iv) This level of involvement can be achieved if the program is voluntary, nongovernmental, and widely advertised.

(b) The legislature therefore declares it is in the public interest for regional councils to utilize existing regional fishery enhancement groups and other private nonprofit volunteer groups for the habitat volunteer restoration initiative as provided in this chapter.

(c) The initiative shall be designed to create a very high level of public awareness of salmon issues and how citizens can be involved in positive solutions.

(2) The volunteer habitat restoration account is created in the state treasury to be administered by the department. The department may expend funds from this account only for volunteer restoration initiatives under subsection (3) of this section, for technical assistance to the projects, and for the administration of these projects. Moneys may be spent only after appropriation.

(3) A volunteer habitat restoration initiative is created when a memorandum of understanding is signed by the director, an administrator for a regional council, and a nonprofit entity or a collaborative group of nonprofit entities. The terms of the agreement shall specify the responsibilities of each party to include but not be limited to the following:

(a) The regional council in cooperation with the volunteer group shall identify:

(i) The types of projects that are appropriate for volunteers to undertake;

(ii) The outcome that each project is to achieve; and

(iii) The duration of the initiative.

(b) The department shall identify:

(i) A mechanism to streamline permit requirements for projects that are identified in a work plan;

(ii) Staff resources available to provide training or technical assistance to the project; and

(iii) The amount of funds that will be provided by the department.

(i) Recruit volunteers;

(ii) Provide training appropriate to the project undertaken;

(iii) Deploy volunteers with sufficient resources to meet the outcomes established for the project;

(iv) Seek additional funds from private and other sponsors;

(v) Work with private landowners, the technical assistance group, and governmental entities to identify project opportunities;

(vi) Work with the appropriate local and state government personnel to identify technical assistance needs and permitting obstacles; and

(vii) Work with the media to develop a high level of public awareness about the initiative.

Sec. 15. RCW 90.71.005 and 1996 c 138 s 1 are each amended to read as follows:

(1) The legislature finds that:

(a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;

(b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;

(c) The large number of governmental entities that now have regulatory programs affecting the water quality and the aquatic and upland habitats of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and

(d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.

(2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. To further the policy of the state, a recovery plan developed under the federal endangered species act for a portion or all of the Puget Sound shall be considered for inclusion into the Puget Sound water quality management plan.

Sec. 16. RCW 90.71.020 and 1996 c 138 s 3 are each amended to read as follows:

(1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; one person representing federally recognized tribes, appointed by the governor; and the chair of the action team. The action team shall also include the following ex officio nonvoting members: The regional director of the United States environmental protection agency; the regional supervisor of the national marine fisheries service; and the regional supervisor of the United States fish and wildlife service. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(2) The action team shall:

(a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;

(b) Coordinate monitoring and research programs as provided in RCW 90.71.060;

(d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;

(e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;

(f) Periodically amend the Puget Sound management plan;

(g) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

(h) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the action team. The action team may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

(j) Receive and expend funding from other public agencies;

(k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and

(l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.

(3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.

(4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound ((~~[management]~~)) management plan and the work plan.

(5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.

Sec. 17. RCW 90.71.030 and 1996 c 138 s 4 are each amended to read as follows:

(1) There is established the Puget Sound council composed of ((~~nine~~)) eleven members. ((~~Seven~~)) Nine members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, commercial fishers, recreational fishers, counties, cities, and the tribes. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

(2) The council shall:

(a) Recommend to the action team projects and activities for inclusion in the biennial work plan;

(b) Recommend to the action team coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, local plan initiatives, and governmental and nongovernmental watershed restoration and protection activities; and

(3) The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year.

Sec. 18. RCW 90.71.050 and 1996 c 138 s 6 are each amended to read as follows:

(1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife. The work plan and budget shall include specific actions and projects pertaining to salmon recovery plans.

(b) In developing a work plan, the action team shall meet the following objectives:

(i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;

(ii) Consider the problems and priorities identified in local plans; and

(iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.

(i) The total funds appropriated to implement local projects originating from the planning process developed for nonpoint pollution; and

(ii) The total funds to implement any other projects designed primarily to restore salmon habitat.

(2) In addition to the requirements identified under RCW 90.71.020(2)(a), the work plan and budget shall:

(a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:

(i) Area 1: Island and San Juan counties;

(ii) Area 2: Skagit and Whatcom counties;

(iii) Area 3: Clallam and Jefferson counties;

(iv) Area 4: Snohomish, King, and Pierce counties; and

(v) Area 5: Kitsap, Mason, and Thurston counties;

(b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;

(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060;

(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;

(e) Provide sufficient funding to provide support staff for the action team; and

(f) Describe any proposed amendments to the Puget Sound ((~~[management]~~)) management plan.

(3) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.

(4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

(5) In the event that any Puget Sound salmon species are proposed for listing under the federal endangered species act, the chair of the action team shall submit the current work plan to the appropriate federal administrator and shall request that the work plan be evaluated for its ability to protect and recover the species for which the listing is proposed.

NEW SECTION. Sec. 19. (1) The departments of transportation, fish and wildlife, and ecology, and tribes shall convene a work group to develop a process to evaluate mitigation proposals. The work group shall seek technical assistance to ensure that federal, state, treaty-right, and local environmental laws and ordinances are met.

(2) The framework shall include:

(a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

(b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

(3) The appropriate agency or affected interests should collaborate with project proponents and the regional council to identify projects that offer mitigation opportunities. Mitigation funds may be used to implement projects identified by a regional council in a regional council's work plan to mitigate for the impacts of a transportation or other development proposal or project.

(4) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.

NEW SECTION. Sec. 20. Sections 1 through 14 of this act constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 21. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 22. 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 takes effect immediately.