BP BHEAD INT H [atlas:bill]

AN ACT Relating to directing the Washington department of fish and wildlife to seek endangered species act compliance for hydraulic projects permitted by the department; adding new sections to chapter 75.20 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that several populations of salmonids have been listed in Washington as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). The legislature finds that it is vitally important to restore these fish runs where possible. The legislature finds that project development and other human activities, especially those that occur within aquatic environs, must occur in a manner that will not hinder such restoration efforts.

The legislature further finds that individuals performing activities that have an impact on the habitat of salmon are subject to potential liability for taking these listed species. Similarly the department of fish and wildlife, which issues permits to use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, is also potentially liable for taking listed species.

The legislature finds that the department of fish and wildlife has identified a number of possible responses to this risk of liability, and has completed a thorough process of collecting public input from across the state regarding all of these possible responses. The legislature finds that these responses include negotiating a habitat conservation plan that will lead to an incidental take permit, inclusion of department activities within a federal 4(d) rule, encouraging a consultation of federal agencies, or some combination thereof. The legislature further finds that additional responses for the department of fish and wildlife include studying the appropriate endangered species act compliance approach, submitting existing hydraulics rules for review by the appropriate federal agencies, or not taking any action at all.

Therefore, the legislature finds that the department of fish and wildlife should meet with the national marine fisheries service and the United States fish and wildlife service to discuss an endangered species compliance agreement for the hydraulic project approval program.

NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follows:

The department shall enter into negotiations with the national marine fisheries service in order to develop an endangered species compliance agreement for the hydraulic project approval program.

If required by the national marine fisheries service as a condition of obtaining such a permit, the department may enter into negotiations with other federal agencies, including the environmental protection agency, in order to obtain assurances relating to the clean water act.

NEW SECTION. Sec. 3. A new section is added to chapter 75.20 RCW to read as follows:

The department shall ensure that the endangered species compliance agreement negotiated under section 2 of this act includes a process for streamlining and integrating hydraulic permits with other permitting programs, including, but not limited to, forest practices permits.

NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows:

The department shall update existing rules and adopt new rules as necessary to implement the endangered species compliance agreement negotiated under section 2 of this act. These rules shall be adopted in a manner consistent with chapter 34.05 RCW.