5613.E AMH NR H2570.1

ESB 5613 - H COMM AMD

By Committee on Natural Resources

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 75.46.005 and 1998 c 246 s 1 are each amended to read as follows:

    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 begin activities required for the recovery of 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, and that the state may best accomplish this objective by integrating local and regional recovery activities into a state-wide plan that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery.  The legislature also finds that a state-wide salmon recovery plan must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery.  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 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.

    The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful. The legislature finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns.  It is also important to monitor the effectiveness of the state's overall salmon recovery efforts to secure federal acceptance of the state's approach to salmon recovery.  In addition, it is important to monitor salmon restoration projects to determine their effectiveness.  Adaptive management cannot exist without monitoring.  For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed in the salmon recovery office for use by local recovery efforts.  The role of the salmon recovery office should be to develop and provide to entities involved in salmon recovery, data quality objectives, a range of acceptable parameters to monitor, acceptable data formats, data calibration and coordination, a method of storing and retrieving data, and analysis and interpretation of data.  The role of local recovery efforts should be to collect monitoring data in compliance with the recommended data quality objectives, parameters, and formats, and to provide such data to the state salmon recovery office for storage.

    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; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat restoration projects to be funded by state agencies; habitat restoration projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.

    Sec. 2.  RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:

    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.

    (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 75.46.070(2).  Each project on the list must have a written agreement from the landowner on whose land the project will be implemented.  Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, fish passage projects, fish screening projects, and habitat project corrective maintenance and monitoring activities.  Projects also include construction of side channels, offstream rearing enhancement, improvement in overwintering habitat, and creation of acclimation ponds.

    (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle.  The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects.

    (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon.  These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands.

    (6) "Project sponsor" is a county, city, special district, tribal government, a combination of such governments through interlocal agreements provided under chapter 39.34 RCW, a nonprofit organization, or one or more private citizens.

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

    (8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.

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

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

    (11) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.

    Sec. 3.  RCW 75.46.040 and 1998 c 246 s 5 are each amended to read as follows:

    (1) The salmon recovery office is created within the office of the governor to coordinate state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries.  The primary purpose of the office is to coordinate and assist in the development of salmon recovery plans for evolutionarily significant units, ((and)) to submit those plans to the appropriate tribal governments, and to submit a consolidated plan to the appropriate federal agencies ((in response to the federal endangered species act)).  The salmon recovery office is also responsible for collecting, storing, and sharing data in accordance with RCW 75.46.050(5).  The salmon recovery office shall track the expenditure of funds for salmon habitat projects and activities in accordance with section 12 of this act.  The governor's salmon recovery office may also:

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

    (b) Provide the biennial state of the salmon report to the legislature pursuant to RCW 75.46.030.

    (2) This section expires June 30, 2006.

    Sec. 4.  RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:

    (1) 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 speaker of the house of representatives, and the majority leader of the senate.  The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

    (2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list.  The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

    (3) The members of the independent science panel shall serve four-year terms.  Vacant positions on the panel shall be filled in the same manner as the original appointments.  Members shall serve no more than two full terms.  The independent science panel members shall elect the chair of the panel among themselves every two years.  ((The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.))  Based upon available funding, the governor's salmon recovery office may contract for services with members of the independent science panel for compensation under chapter 39.29 RCW.

    (4) 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.  The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel.  The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions.

    (5) The independent science panel, in conjunction with the salmon recovery office, shall recommend standardized monitoring indicators and data quality guidelines for use by entities involved in salmon recovery activities across the state.  The panel shall also recommend electronic formats that will allow data to be provided to the state salmon recovery office for storage and to be shared across the state in a salmon monitoring network.

(6) State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others, shall be included in the salmon and steelhead inventory and assessment project.

(7) The independent science panel, in conjunction with the salmon recovery office, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.

(8) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, by December 31, 2000.  The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel, in conjunction with the salmon recovery office.

(9) The independent science panel shall submit its findings to the legislature and the governor.

    Sec. 5.  RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:

    (1)(a) Counties, cities, and tribal governments must jointly designate, by ((official)) resolution or by letters of support, the area for which a habitat ((restoration)) project list is to be developed and the lead entity that is to be responsible for submitting the habitat ((restoration)) project list.  No project included on a habitat ((restoration)) project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect.  The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.

    (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other ((restoration)) habitat interests.  The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat ((restoration)).  The interagency review team may provide the lead entity with organizational models that may be used in establishing the committees.

    (c) The committee shall compile a list of habitat ((restoration)) projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat ((restoration)) project list.  The committee shall also identify potential federal, state, local, and private funding sources.

    (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, ((an evolutionarily significant unit,)) or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection.  Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

    Sec. 6.  RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:

    (1) Critical pathways methodology shall be used to develop a habitat project list and a habitat work schedule that ensures salmon ((restoration)) recovery activities will be prioritized and implemented in a logical sequential manner that produces habitat capable of sustaining healthy populations of salmon.

    (2) The critical pathways methodology shall:

    (a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;

    (b) Identify local habitat projects that sponsors are willing to undertake.  The projects identified must have a written agreement from the landowner on which the project is to be implemented.  Project sponsors shall have the lead responsibility for this task;

    (c) Identify how projects will be monitored and evaluated.  The project sponsor, in consultation with the technical advisory group and the appropriate landowner, shall have responsibility for this task; ((and))

    (d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 and to the interagency review team.  The technical advisory group has responsibility for this task; and

(e) Describe the adaptive management strategy that will be used.  The committee established under RCW 75.46.060 shall have responsibility for this task.  If a committee has not been formed, the technical advisory group shall have the responsibility for this task.

    (3) The habitat work ((list)) schedule shall include all projects developed pursuant to subsection (2) of this section as well as any other salmon habitat ((restoration)) project implemented in the region, including habitat preservation projects funded through the Washington wildlife and recreation program, the conservation reserve enhancement program, and other conservancy programs.  The habitat work ((list)) schedule shall also include the start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species of each project.  Each schedule shall be updated on an annual basis to depict new activities.

    Sec. 7.  RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:

    (1) Representatives from the conservation commission, the department of transportation, the interagency committee on outdoor recreation, the department of ecology, the department of natural resources, and the department of fish and wildlife shall establish an interagency review team.  Except as provided in subsection (((6))) (7) of this section, habitat ((restoration)) project lists shall be submitted to the interagency review team by January 1st ((and July 1st)) of each year beginning in 1999.  All projects submitted for funding must have been selected through a watershed-wide scientific evaluation.  No projects required as mitigation or a condition of permitting are eligible for funding.

    (2) If no lead entity has been formed under RCW 75.46.060, the interagency review team shall rank, prioritize, and dispense funds for habitat ((restoration)) projects by giving preference to the projects that:

    (a) Are based upon the limiting factors analysis identified under RCW 75.46.070;

(b) Provide a greater benefit to salmon recovery based upon the information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

    (((b))) (c) Will be implemented in a more critical area based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;

    (((c))) (d) Will benefit listed species and other fish species;

(e) Will preserve high quality salmonid habitat through less than fee simple acquisition;

(f) Are the most cost-effective;

    (((d))) (g) Have the greatest matched, or in-kind funding; and

    (((e))) (h) Will be implemented by a sponsor with a successful record of project implementation.

    (3) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate the habitat project list((s and)) for funding based upon the criteria contained in subsection (2) of this section.  The interagency review team may remove, but not add, projects from a habitat project list.  The interagency review team shall give preference to projects that are on a project list submitted by a lead entity.  The interagency review team may also provide block grants to the lead entity subject to available funding.

    (4) The interagency review team shall apply the criteria established in subsection (2) of this section in a manner that results in the highest priority being given to critical fish stocks.  The criteria shall be applied in this manner in areas where there is a lead entity established and in areas where no lead entity has been established.

(5) The interagency review team shall provide a summary of funding for ((habitat)) restoration project lists to the governor and to the legislature by December 1st of each year.

    (((5))) (6) The interagency review team may annually establish a maximum amount of funding available for any individual project, subject to available funding.  The interagency review team shall attempt to assure a geographical balance in assigning priorities to projects.

    (((6))) (7) For fiscal year 1998, the department of fish and wildlife, the conservation commission, and the department of transportation may authorize, subject to appropriations, expenditures for projects that have been developed to restore salmon habitat before completion of the project lists required in RCW 75.46.060(2).

    (((7) Where a lead entity has been established pursuant to RCW 75.46.060, the interagency review team may provide block grants to the lead entity, subject to available funding.))

    Sec. 8.  RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows:

    The sea grant program at the University of Washington is authorized to provide technical assistance to volunteer groups and other project sponsors in designing and ((performing)) implementing habitat ((restoration)) projects that address the limiting factors analysis ((of regional habitat work plans)) required under RCW 75.46.070.  The cost for such assistance may be covered on a fee-for-service basis.

    Sec. 9.  RCW 75.46.130 and 1998 c 246 s 17 are each amended to read as follows:

    Only those funds appropriated for the habitat ((restoration)) projects under this chapter are subject to the requirements of RCW 75.46.080.

NEW SECTION. Sec. 10.  The salmon recovery account is created in the state treasury.  Funds shall be deposited into the account as the legislature directs or appropriates to the account.  Any federal money, the primary purpose of which is for restoration and recovery of salmonid stocks that have been listed or are proposed for listing under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.), shall be deposited into the account.  Moneys in the account may be spent only after appropriation and may be used only for funding salmon habitat projects as provided in RCW 75.46.080.

NEW SECTION. Sec. 11.  All grant recipients receiving allocations from the interagency review team under RCW 75.46.080 shall report to the salmon recovery office.  The salmon recovery office shall determine appropriate reporting dates.  The reports required under this section shall include project and program outcomes based on objective criteria established by the salmon recovery office to enable it to review whether the goals and objectives of salmon restoration and recovery are being met.

NEW SECTION. Sec. 12.  (1) The salmon recovery office shall track the expenditure of all funds of any kind appropriated by the legislature for salmon habitat projects and activities, including funds appropriated to state agencies or allocated by federal agencies for salmon restoration and recovery.  In order to track expenditures in the most economical manner, the salmon recovery office shall use a tracking model currently in general use by state agencies.  The tracking model shall use, to the extent practicable, information and data presently available to state agencies.  The tracking model shall include, to the extent practicable, multibenefit state capital projects that have multiple purposes, including features that benefit salmon habitat.  The salmon recovery office's review of all allocations and expenditures made under this chapter shall include:

    (a) Detail on the purpose of the expenditure, recipients, work performed, or projects undertaken;

    (b) An explanation of how the work or projects relate to identified limiting factors or a proposed or adopted recovery plan for the area;

    (c) Other data related to salmon restoration that is produced from the review and a description of data that would be helpful to collect in the future; and

    (d) Recommendations for changes in funding levels, data collection, priorities, or other matters related to salmon recovery.

    (2) The salmon recovery office shall prepare a report detailing the results of the review and shall submit it to the fiscal committees of the senate and house of representatives by January 1, 2001, and thereafter each January 1st in odd-numbered years.

    (3) The report required under subsection (2) of this section shall be included in the state of the salmon report required under RCW 75.46.030.

    Sec. 13.  RCW 76.12.110 and 1998 c 347 s 55 are each amended to read as follows:

    There is created a forest development account in the state treasury.  The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom.  Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber.  Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest.  No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.

    Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands.  ((For the 1997-99 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands.  Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account, hereby created in the state treasury.  Funds appropriated from the salmon recovery account shall be used for efforts to restore endangered anadromous fish stocks.))

NEW SECTION. Sec. 14.  Sections 10 through 12 of this act are each added to chapter 75.46 RCW.

NEW SECTION. Sec. 15.  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."

    Correct the title.

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