BP BHEAD INT S [atlas:bill]

AN ACT Relating to salmon recovery; adding a new chapter to Title 43 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. 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 further finds that there is a substantial link between the provisions of the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). Therefore, it is the intent of the legislature to develop a structure which allows for the coordinated delivery of state and federal assistance to local communities for the recovery and enhancement of salmon stocks within the state while also addressing improvements to water quality. The legislature also recognizes that adaptive management is the best way to help salmon stocks recover, and that adaptive management only works if there is effective monitoring and sharing of results of local efforts. The legislature therefore finds that an office should be created within the governor's office to allow important information to be shared among interested parties, and to allow federal agencies and the general public to see what the state is doing to restore salmon to healthy sustainable populations with productive and recreational fisheries.

NEW SECTION. Sec. 2. (1)(a) The governor, after consulting with the directors of the state natural resources related agencies, the Washington members of the northwest power planning council, legislators, representatives of local and tribal governments, and representatives of affected interest groups, shall recommend proposed legislation to the 1999 legislature that creates a structure that will help restore salmon to healthy, sustainable populations with productive commercial and recreational fisheries.

(b) The proposed legislation developed pursuant to subsection (a) of this subsection must identify ways for the state to deliver technical assistance to local communities for habitat restoration, allow for the development and use of the best available science for habitat restoration by local communities, allow for cumulative effects of activities on salmon habitat within a region to be measured and addressed to achieve the purposes of this chapter, provide for better enforcement of existing environmental laws, and provide a mechanism for dispute resolution between jurisdictions.

(2) Beginning in 1999, the governor shall submit an annual state of the salmon report to the legislature during the first week of the regular legislative session. This report shall include:

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

(b) A description of salmon restoration efforts undertaken in the past year, including a listing of the location and length of streams or water bodies affected by the restoration efforts;

(d) An assessment of the health of the salmon runs in the state as measured by harvest and returning adults to spawn;

(e) Identification of impediments to successful salmon recovery efforts, including 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, and the lack of water or poor water quality during certain times of the year for certain stream segments;

(f) An assessment of the effectiveness of the wild salmonid policy adopted by the fish and wildlife commission;

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

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

(i) An overview of the general public's compliance with existing laws pertaining to water quality and protection of aquatic species listed under the federal endangered species act, and recommendations to increase compliance with these laws;

(j) An evaluation of the effectiveness of the state hatchery program; and

(k) An assessment of the harvest levels and practices needed to restore salmon to sustainable levels.

NEW SECTION. Sec. 3. (1) There is created the office of the state salmon ombudsman 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. The office of salmon ombudsman shall have the following powers and duties:

(a) Compiling information on salmon recovery efforts within the state by state agencies, institutions of higher education, units of local government, tribes, private entities, and volunteers to submit to federal agencies to show state efforts at achieving water quality standards; improving salmon habitat; and allowing for the recovery of healthy salmon populations;

(b) Serving as a liaison between federal agencies, Canada, other states, tribal governments, state agencies, and state institutions of higher education in order to facilitate communications, coordinate salmon restoration efforts, leverage federal and private funds, and prioritize the use of federal and state funds on a regional basis;

(c) Establishing a uniform state-wide reporting system to analyze results of land management practices on a cumulative basis within each region as they affect water quality standards and salmon habitat;

(d) Developing model monitoring programs for water quality and salmon habitat that may be used in local watershed management to track quantifiable performance measures;

(e) Providing information to units of local government that has been developed or collected by state and federal agencies, including criteria that represents acceptable performance for key elements for salmon recovery within each region;

(f) Developing electronic access to up-to-date information pertaining to salmon restoration for interested individuals and groups to utilize in local restoration efforts;

(g) Collecting information pertaining to the number and types of violations of existing laws pertaining to water quality and protection of aquatic species listed under the federal endangered species act, including information about sanctions imposed for these violations; and

(h) Assisting the governor in the preparation and distribution of the state of the salmon annual report.

(2) For purposes of this section, "region" or "regional" means each area of the state that is identified as habitat for an evolutionary significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species pursuant to the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). Each area identified as habitat for an evolutionary significant unit shall constitute a separate region for purposes of this section. If habitat areas for evolutionary significant units overlap, the salmon ombudsman shall determine the appropriate boundaries for each region.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 5. 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.