BP BHEAD INT H [atlas:bill]

AN ACT Relating to a program for the recovery of fish runs listed under the federal endangered species act; adding a new section to chapter 75.46 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature recognizes the need to address listings under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) in a way that will make the most efficient use of existing efforts. The legislature finds that the principle of adaptive management requires that different models should be tried so that the lessons learned from these models can be put to use throughout the state. It is the intent of the legislature to create a program for southeastern Washington that addresses the recent listings of salmon and takes full advantage of all state and local efforts at habitat restoration in that area to date.

NEW SECTION. Sec. 2. A new section is added to chapter 75.46 RCW to read as follows:

(1) A program for the recovery of salmon is established in Walla Walla, Columbia, Garfield, and Asotin counties within the habitat area designated as the Snake river salmon recovery region by the salmon recovery office established under RCW 75.46.040. The lead entity created under subsection (2) of this section is responsible for developing and implementing the habitat portion of a salmon recovery plan and is empowered to receive and disburse funds for this purpose, including block grants from the salmon recovery funding board.

(2) A lead entity consisting of fifteen voting members is created within the Snake river salmon recovery region. The voting members shall consist of two citizen members from each of the four counties in the Snake river salmon recovery region; one representative each from the Nez Perce and Umatilla tribes, appointed by the tribes; and one representative from each of the following agencies: The United States natural resource conservation service, the United States fish and wildlife service, the United States forest service, the Washington department of ecology, and the Washington department of fish and wildlife. The nonvoting members shall consist of the district manager or designee from each of the four conservation districts serving the four counties in the recovery region. The lead entity may appoint additional persons as needed. In making appointments under this subsection, the conservation districts shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any lead entity member, the lead entity, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.

(3)(a) In developing the habitat portion of a recovery plan, the lead entity shall consider local watershed efforts and activities, as well as any habitat conservation plans that may exist. Any of the participating counties may continue its own efforts for restoring salmon habitat. This section does not limit the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.

(b) The lead entity shall prioritize as appropriate and approve habitat projects and programs related to the recovery of Snake river salmon runs, including the funding of those projects and programs, and coordinate local government efforts.

(4)(a) The program administrator for the lead entity shall be selected from among the four conservation districts participating in the lead entity.

(b) The lead entity has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent.

(5) This section expires July 1, 2005.