BP BHEAD INT S [atlas:bill]

AN ACT Relating to salmon recovery; amending RCW 90.71.005, 90.71.020, 90.71.030, and 90.71.050; adding new sections to chapter 43.131 RCW; and adding a new chapter to Title 90 RCW.

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

PART I

GOVERNOR'S SALMON OFFICE

NEW SECTION. Sec. 101. FINDINGS. (1) The legislature finds that:

(a) The federal national marine fisheries service has undertaken a comprehensive review of the status of Pacific salmon and that this review may result in several areas of the state being listed as threatened or endangered under the federal endangered species act;

(b) The state has a strong interest in avoiding a federal listing under the endangered species act. In the event that a listing does occur, it is also strongly in the state's interest to develop a state‑based recovery plan that maximizes protection to fish and people;

(c) The boundaries of the areas designated as threatened or endangered under the endangered species act will be defined based on populations of salmon and the watersheds in which they live during the fresh water portion of their life cycle. These areas are known as evolutionarily significant units and they do not generally coincide with conventional political boundaries;

(d) The problems faced by each of the current and potential evolutionarily significant unit regions are vastly different and will require solutions that are, in general, equally different; and

(e) The state needs to develop a capacity to provide rapid assistance that is targeted to the needs and conditions of these evolutionarily significant unit regions.

(2) Therefore the legislature declares that it is in the public interest to develop a team of interagency experts within the office of the governor that is capable of providing a wide array of services to an evolutionarily significant unit region.

NEW SECTION. Sec. 102. DEFINITIONS. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Executive director" means the executive director of the governor's salmon office.

(2) "Region" means an area listed or proposed for listing under the federal endangered species act or in the event that the area is not listed or proposed for listing, a group of contiguous WRIA planning entities formed under section 201 of this act.

(3) "WRIA" means a water resource inventory area established in chapter 173‑500 WAC as it existed on January 1, 1997.

NEW SECTION. Sec. 103. FORMATION OF GOVERNOR'S SALMON OFFICE. The governor's salmon office is hereby created. 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 executive director may hire up to eight permanent staff. At least one of the permanent staff positions shall be reserved for a person that is knowledgeable in tribal fishery interests. The executive director shall solicit a list of suitable candidates from federally recognized Indian tribes.

NEW SECTION. Sec. 104. REGIONAL DUTIES. (1) At its option, a regional council may enter into a memorandum of agreement with the executive director for the purpose of developing a salmon recovery plan in collaboration with the governor's salmon office.

(2) The memorandum of agreement may specify that the governor's salmon office provide for one or more of the following services on behalf of, or in conjunction with, a regional council:

(a) Develop, or assist in the development of, an effective science‑based regional salmon recovery plan that meets the requirements of section 203 of this act;

(b) Negotiate with the federal government for the approval of the regional salmon recovery plan;

(c) Negotiate with the federal government for the integration of federal requirements, including but not limited to, water quality standards under the federal clean water act and any standards, performance measures, or actions that may be required under the federal endangered species act;

(d) Assist in identifying and obtaining funding for projects to implement a regional salmon recovery plan;

(e) Assist in obtaining permits or in streamlining the permitting process for categories of projects that will be routinely required to implement the regional plan; and

(f) Any other services requested by a region that are reasonably related to the development or implementation of a regional salmon recovery plan.

(3) The memorandum of agreement may provide for the creation of a regional salmon recovery response team to perform the services under subsection (2) of this section if:

(a) The governor's salmon office and the regional council agree to the formation of the team; and

(b) Sufficient federal, state, local, tribal, and nongovernmental funds are available.

(4) A salmon recovery response team may consist of local, state, federal, tribal, or nongovernmental employees. The team shall not be a state entity. A nonstate employee recruited to serve on the team shall retain the same employer and shall not be considered a state employee. State employees recruited to serve on the team shall be existing employees. The team shall terminate when the agreed-upon services are completed.

NEW SECTION. Sec. 105. STATE-WIDE AUTHORITIES. The governor's salmon office may also undertake activities on a state-wide basis designed to improve the health of salmon as follows:

(1) Development of a state-wide habitat conservation plan or other recovery plan for state-owned land. The governor's salmon office shall submit any plan developed under this section to the legislature and the legislature shall approve the plan before its adoption;

(2) Negotiation of, or assistance in the negotiation of, international and interstate compacts or treaties affecting salmon; and

(3) Acting as liaison for the state congressional delegation, United States congress, and the federal executive branch for issues affecting salmon.

PART II

REGIONAL COUNCILS

NEW SECTION. Sec. 201. FORMATION. (1) In any area outside of the Puget Sound, multiple WRIA planning groups under chapter 90.82 RCW may form a regional council if the following conditions are met:

(a) An area is listed or proposed for listing under the federal endangered species act;

(b) A joint resolution is adopted by majority vote in the house of representatives and the senate; and

(c) A majority of the county legislative authority from each of the counties representing the area that is listed or proposed for listing under the endangered species act sign and submit a letter to the executive director notifying the executive director of the creation of the regional council.

(2) Within the Puget Sound, the Puget Sound council under RCW 90.71.060 shall act as the regional council for the purposes of this section and sections 202 through 204 of this act.

NEW SECTION. Sec. 202. MEMBERSHIP--RESPONSIBILITIES. (1)(a) A regional council formed under this chapter shall consist of one representative from each of the WRIA planning entities formed under chapter 90.82 RCW. Each WRIA planning entity shall select from its membership one person to represent the WRIA.

(b) The regional council shall invite one member of each tribal government having usual and accustomed fishing rights within the region to be a member of the regional council, except that the executive director shall limit total tribal participation on the regional council to two members.

(2) The regional council may:

(a) Select an administrator and establish the responsibilities of the administrator;

(b) Meet with the executive director and mutually establish the responsibilities of the executive director;

(c) Administer any available funds to WRIA entities for salmon planning and implementation efforts. Any state funding provided to a regional council shall be made through a budget proviso that specifically identifies the regional council;

(d) Establish a name for the regional council;

(e) Contract with an entity to administer volunteer habitat restoration services as provided in sections 401 through 403 of this act; and

(f) Conduct any other activity necessary to develop and implement a salmon recovery plan or any portion thereof.

NEW SECTION. Sec. 203. PLAN REQUIREMENTS. (1) A regional council that opts to develop a salmon recovery plan, on its own or in conjunction with the governor's salmon office, shall submit the plan to the executive director within three years of being listed under the federal endangered species act. The recovery plan shall:

(a) Be based on science. This criterion shall include, but not be limited to, a requirement that projects be monitored and the plan include an adaptive management strategy;

(b) Ensure that projects or actions identified in the plan have, to the extent possible, quantifiable standards, performance measures, or objectives;

(c) Include strategies to ensure that the plan is implemented. Strategies shall include sufficient funding and other provisions designed to provide certainty that the plan is implemented. The plan shall also include a strategy specifically designed to encourage citizen participation in implementing the plan. The strategy may include but shall not be limited to: Technical assistance, voluntary incentives, permit streamlining, media campaigns, and volunteer initiatives.

(2) A regional council may not include in a salmon recovery plan a requirement or prohibition that is directed at an entity that has entered into a habitat conservation plan with the federal government unless the regional council has obtained specific written agreement by the affected entity.

NEW SECTION. Sec. 204. TERMINATION. In any region outside of the Puget Sound region, a regional council shall terminate when a majority of the WRIA planning entities comprising the region:

(1) Votes, by simple majority, to terminate the regional council; and

(2) Notifies the executive director, in writing, that the council has voted to terminate the region.

PART III

EXPANDING THE DUTIES OF THE PUGET SOUND ACTION TEAM

Sec. 301. 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. It is further the policy of the state to include any recovery plan developed under the federal endangered species act into the Puget Sound water quality management plan.

Sec. 302. 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 tribal governments, 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] 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. 303. 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 members. Seven 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. 304. 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. If salmon recovery planning is initiated under sections 201 through 204 of this act, the work plan and budget shall include specific actions and projects consistent with the salmon recovery plan.

(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 under chapter 400-12 WAC; 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] 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 all or any portion of the Puget Sound is 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 request that the work plan be evaluated for its ability to protect and recover the species for which the listing is proposed.

PART IV

PILOT VOLUNTEER HABITAT RESTORATION INITIATIVE

NEW SECTION. Sec. 401. FINDINGS‑-PURPOSE. (1) The legislature finds that:

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

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

(c) 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

(d) This level of involvement will be achieved only if the program is voluntary, nongovernmental, and widely advertised.

(2) The legislature therefore declares it is in the public interest to create a pilot volunteer habitat restoration initiative as provided in this chapter.

(3) The purpose of sections 401 through 403 of this act is to create and fund a pilot volunteer habitat restoration initiative to develop, train, and mobilize a substantial volunteer work force to restore salmon health. The pilot initiative shall be a single campaign that is initiated in at least three regions over a six-year period. The pilot initiatives may be conducted over a range of geographic scales including single WRIA, multiple WRIA, and evolutionarily significant unit region. 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. The pilot initiative shall also include a sunset review to provide a full evaluation to the legislature on the strengths and weaknesses of the program.

NEW SECTION. Sec. 402. HABITAT ACCOUNT. The volunteer habitat restoration account is created in the state treasury to be administered by the department of fish and wildlife. The department may expend funds from this account only for volunteer restoration projects undertaken pursuant to section 403 of this act and for the administration of these projects. Moneys may be spent only after appropriation.

NEW SECTION. Sec. 403. CREATION OF PILOT INITIATIVE. (1) A pilot volunteer habitat restoration initiative is created when a contract is signed by the director of the department of fish and wildlife, an administrator for a regional council or the lead agency of a single or multiple WRIA planning area, and a nonprofit entity or a collaborative group of nonprofit entities. The contract shall specify the responsibilities of each party to include but not be limited to the following:

(2) The department of fish and wildlife shall identify:

(a) The types of projects that are a high priority for salmon restoration and that are appropriate for volunteers to undertake;

(b) Priority river or stream segments in which projects should occur;

(d) The type of monitoring that should occur for each project;

(e) A mechanism to streamline state permit requirements for projects that will implement a salmon recovery plan or have been identified by the department of fish and wildlife as having a high priority for salmon restoration;

(f) The duration of the initiative; and

(g) The amount of total funds needed and the amount provided by the department of fish and wildlife.

(3) The lead entity representing appropriate local government shall identify:

(a) A mechanism to streamline local government permit requirements for projects that will implement a salmon recovery plan or have been identified by the department of fish and wildlife as having a high priority for salmon restoration;

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

(d) A mechanism to coordinate the planning process in chapter 90.82 RCW with the projects undertaken by volunteers pursuant to the initiative.

(4) The nonprofit entity shall:

(a) Recruit volunteers;

(b) Provide training appropriate to the project undertaken;

(c) Deploy volunteers with sufficient resources to meet the specified standards, performance measures, or objectives established for the project;

(d) Provide matching funds from private sponsors;

(e) Work with private landowners and governmental entities to identify project opportunities;

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

(g) Work with the media to develop a high level of public awareness about the initiative; and

(h) Maintain a geographic information system and data base to track potential and completed projects, monitoring efforts, the degree to which a project met its standard, performance measure, or objective, number of volunteers trained, number of volunteers deployed, and the cost of each project by fund source.

(5) For the purposes of this section, "lead entity" shall be:

(a) The regional administrator if the pilot initiative is conducted on a regional basis;

(b) The lead planning entity if the pilot initiative is conducted on a single or multiple WRIA basis;

(c) The chair of the county legislative authority if the pilot initiative is conducted wholly within a single county and there is no lead planning entity designated on a single or a multiple WRIA basis; or

(d) As agreed to by the county legislative authorities if the pilot initiative is conducted in one or more WRIAs that are located in two or more counties.

(6) The department of fish and wildlife shall not distribute state funds to implement a pilot initiative unless the lead entity representing local government signs the memorandum of agreement.

PART V

MISCELLANEOUS

NEW SECTION. Sec. 501. PART HEADINGS AND CAPTIONS NOT LAW. Part headings and captions used in this chapter are not any part of the law.

NEW SECTION. Sec. 502. A new section is added to chapter 43.131 RCW to read as follows:

The governor's salmon office, regional councils, and the pilot volunteer habitat restoration initiative and their powers and duties shall be terminated on June 30, 2004, as provided in section 503 of this act.

NEW SECTION. Sec. 503. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2005:

(1) section 101 of this act;

(2) section 102 of this act;

(3) section 103 of this act;

(4) section 104 of this act;

(5) section 105 of this act;

(6) section 201 of this act;

(7) section 202 of this act;

(8) section 203 of this act;

(9) section 204 of this act;

(10) section 401 of this act;

(11) section 402 of this act;

(12) section 403 of this act; and

(13) section 501 of this act.

NEW SECTION. Sec. 504. Sections 101 through 105, 201 through 204, 401 through 403, and 501 of this act constitute a new chapter in Title 90 RCW.