BP BHEAD INT H [atlas:bill]

AN ACT Relating to salmonid screening moneys; amending 1999 c 309 s 307 (uncodified); adding a new section to 1999 sp.s. c 13; and creating a new section.

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

NEW SECTION. Sec. 1. The purpose of this act is to ensure that certain moneys that are dedicated to providing salmonid screening are expended to provide such screening in an area of the state that requires the screening immediately to assist in responding to endangered species listing under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).

NEW SECTION. Sec. 2. A new section is added to 1999 sp.s. c 13 to read as follows:

This section applies to any moneys appropriated by section 22, chapter 13, Laws of 1999 sp. sess. that are allocated and used for providing salmonid screening. The highest priority shall be given to providing such screening in the Methow river valley. Moneys from the appropriation may be allocated and used to provide salmonid screening elsewhere to the extent that these moneys are in excess of the amounts needed to provide moneys for salmonid screening in the Methow river valley. Any such screening provided for a point of diversion for a water right in the Methow river valley shall be sized to accommodate: Not less than the annual amount of water diverted at that point of diversion during any of the five years beginning with calendar year 1994 and ending with calendar year 1998; and not less than the instantaneous amount of water diverted at that point of diversion at the peak of diversion during any of those five calendar years.

Sec. 3. 1999 c 309 s 307 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund‑-State Appropriation (FY 2000)......... $ 42,896,000

General Fund‑-State Appropriation (FY 2001)......... $ 42,443,000

General Fund‑-Federal Appropriation.................. $.................................. 42,755,000

General Fund‑-Private/Local Appropriation........... $ 14,416,000

Off Road Vehicle Account‑-State Appropriation........ $ 490,000

Aquatic Lands Enhancement Account‑-State

Appropriation................................... $ 6,432,000

Public Safety and Education Account‑-State

Appropriation................................... $ 586,000

Recreational Fisheries Enhancement Account‑-

State Appropriation............................. $ 3,596,000

Salmon Recovery Account‑-State Appropriation........ $ 9,316,000

Warm Water Game Fish Account‑-State Appropriation.... $................................................ 2,419,000

Eastern Washington Pheasant Enhancement Account‑-

State Appropriation............................. $ 551,000

Wildlife Account‑-State Appropriation............... $ 40,293,000

Wildlife Account‑-Federal Appropriation............. $ 40,040,000

Wildlife Account‑-Private/Local Appropriation........ $........................................... 13,072,000

Game Special Wildlife Account‑-State Appropriation... $................................................ 1,939,000

Game Special Wildlife Account‑-Federal

Appropriation................................... $ 9,603,000

Game Special Wildlife Account‑-Private/Local

Appropriation................................... $ 350,000

Environmental Excellence Account‑-State

Appropriation................................... $ 15,000

Regional Fisheries Salmonid Recovery Account‑-

Federal Appropriation........................... $ 750,000

Oil Spill Administration Account‑-State

Appropriation................................... $ 969,000

TOTAL APPROPRIATION...................... $ 272,931,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $1,252,000 of the general fund‑-state appropriation for fiscal year 2000 and $1,244,000 of the general fund‑-state appropriation for fiscal year 2001 are provided solely for the implementation of the Puget Sound work plan agency action items DFW-01, DFW-02, DFW-03, DFW-04, and DFW-05.

(2) $776,000 of the salmon recovery account appropriation and $775,000 of the general fund--federal appropriation are provided solely for the department's review of forest practices applications and related hydraulic permit applications. Up to $387,500 of the general fund‑-federal amount may be expended in each fiscal year of the biennium only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.

(3) $1,500,000 of the salmon recovery account appropriation and $1,500,000 of the general fund--federal appropriation are provided solely for the department to update the salmon and steelhead stock inventory and, in cooperation with the department of ecology, to establish fish and habitat index monitoring sites to measure the effectiveness of salmon recovery activities. Up to $750,000 of the general fund‑-federal amount may be expended in each fiscal year of the biennium only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.

(4) $232,000 of the general fund‑-state appropriation for fiscal year 2000 and $232,000 of the general fund‑-state appropriation for fiscal year 2001 are provided for the control of European green crab (Carcinus maenas). The department shall submit a report to the governor and the appropriate legislative committees by September 1, 2000, evaluating the effectiveness of various control strategies and providing recommendations on long-term control strategies. $248,000 of this amount is for implementation of Puget Sound work plan and agency action item DFW-23.

(5) $191,000 of the general fund‑-state appropriation for fiscal year 2000 and $191,000 of the general fund‑-state appropriation for fiscal year 2001 are provided for noxious weed control and survey activities on department lands. Of this amount, $48,000 is provided for the biological control of yellowstar thistle.

(6) All salmon habitat restoration and protection projects proposed for funding by regional fisheries enhancement groups shall be submitted by January 1st or July 1st of each year for review to the salmon recovery funding board.

(7) $2,340,000 of the salmon recovery account appropriation and $7,000,000 of the general fund‑-federal appropriation are provided solely to implement a license buy-back program for commercial fishing licenses.

(8) $511,000 of the general fund‑-state appropriation for fiscal year 2000 and $488,000 of the general fund‑-state appropriation for fiscal year 2001 are provided to employ residents of the state between eighteen and twenty-five years of age in activities to enhance Washington's natural, historic, environmental, and recreational resources.

(9) Any indirect cost reimbursement received by the department from federal grants must be spent on agency administrative activities and cannot be redirected to direct program activities.

(10) $43,000 of the general fund--state appropriation for fiscal year 2000 and $42,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for staffing and operation of the Tennant Lake interpretive center.

(11) $32,000 of the general fund--state appropriation for fiscal year 2000 and $33,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.

(12) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Senate Bill No. 5508 (crab catch record cards). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

(13) $6,440,000 of the general fund--state appropriation for fiscal year 2000, $5,796,000 of the general fund--state appropriation for fiscal year 2001, $12,260,000 of the wildlife account--state appropriation, $710,000 of the aquatic lands enhancement account appropriation, and $500,000 of the public safety and education account appropriation are provided solely for operation of the enforcement division. Within these funds, the department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within these funds, the department shall provide support to the department of health to enforce state shellfish harvest laws.

(14) $500,000 of the salmon recovery account, $624,000 of the general fund--state appropriation for fiscal year 2000, and $624,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for the department to implement a hatchery endangered species act response. The strategy shall include emergency hatchery responses and retrofitting of hatcheries for salmon recovery.

(15) $45,000 of the general fund--state appropriation for fiscal year 2000 and $46,000 of the general fund--state appropriation for fiscal year 2001 are provided solely for operation of the Rod Meseberg (ringold) warm water fish hatchery to implement House Bill No. 1716 (warm water fish culture). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

(16) $2,500,000 of the salmon recovery account appropriation is provided solely for grants to lead entities established in accordance with RCW 75.46.060.

(17) $200,000 of the salmon recovery account appropriation and $600,000 of the general fund‑-federal appropriation are provided solely for predation control, bycatch monitoring, and selective harvest strategies. $300,000 of the general fund‑-federal amount may be expended in each fiscal year of the biennium only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.

(18) $50,000 of the general fund‑-state appropriation for fiscal year 2000 and $50,000 of the general fund‑-state appropriation for fiscal year 2001 are provided solely for additional field surveys of the Olympic Peninsula, North Rainier, and Packwood/South Rainier elk herds.

(19) $425,000 of the general fund‑-state appropriation for fiscal year 2000 and $75,000 of the general fund‑-state appropriation for fiscal year 2001 are provided solely to purchase and implement the automated recreational license data base system.

(20) $1,400,000 of the general fund‑-state appropriation for fiscal year 2000 and $1,400,000 of the general fund‑-state appropriation for fiscal year 2001 are provided solely for fish passage barrier and screening technical assistance, engineering services, and construction assistance for local governments, state agencies, volunteer groups, and regional fisheries enhancement groups.

(21) $1,500,000 of the salmon recovery account appropriation and $500,000 of the general fund‑-federal appropriation are provided solely for local salmon recovery technical assistance. Technical assistance shall be coordinated among all state agencies including the conservation commission, department of fish and wildlife, department of ecology, department of health, department of agriculture, department of transportation, state parks and recreation, interagency committee for outdoor recreation, governor's salmon recovery office, Puget Sound water quality action team, department of community, trade, and economic development, and department of natural resources. $250,000 of the general fund‑-federal amount may be expended in each fiscal year of the biennium, only if the state receives greater than $25,000,000 from the federal government for salmon recovery activities in that fiscal year. Funds authorized for expenditure in fiscal year 2000 may be expended in fiscal year 2001.

(22) $400,000 of the wildlife account appropriation is provided solely to implement House Bill No. 1681 (trout purchase by state). The fish and wildlife commission may authorize expenditure of these funds only if the costs of the program will be recovered by the increase in license sales directly attributable to the planting of privately grown trout. If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

(23) $50,000 of the general fund--state appropriation for fiscal year 2000 and $50,000 of the general fund--state appropriation for fiscal year 2001 are provided solely to implement Senate Bill No. 5508 (crab fishery catch records). If the bill is not enacted by June 30, 1999, the amounts provided in this subsection shall lapse.

(24) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects.

(25) In providing salmonid screening with any moneys appropriated by this section, the highest priority shall be given to providing such screening in the Methow river valley. Moneys appropriated by this section may be allocated and used to provide salmonid screening elsewhere to the extent that the moneys allocated and used for such a purpose are in excess of the amounts needed to provide salmonid screening in the Methow river valley. Any such screening provided for a point of diversion for a water right in the Methow river valley shall be sized to accommodate: Not less than the annual amount of water diverted at that point of diversion during any of the five years beginning with calendar year 1994 and ending with calendar year 1998; and not less than the instantaneous amount of water diverted at that point of diversion at the peak of diversion during any of those five calendar years.