SENATE BILL REPORT

SB 5436

As of January 23, 2001

Title:  An act relating to providing the fish and wildlife commission authority to issue pamphlet hydraulic project approval.

Brief Description:  Allowing for the issuance of pamphlets in lieu of hydraulic approval permits for certain projects.

Sponsors:  Senators Regala and Morton; by request of Department of Fish and Wildlife.

Brief History:

Committee Activity:  Natural Resources, Parks & Shorelines:  1/31/01.

SENATE COMMITTEE ON NATURAL RESOURCES, PARKS & SHORELINES

Staff:  Ross Antipa (786‑7413)

Background:  The protection of fish life is the primary goal of the hydraulic approval program in the Department of Fish and Wildlife.  Any person who uses, diverts, obstructs, or changes the natural flow or bed of any salt or fresh waters of the state is required to obtain a hydraulic project approval from the department.  In the case of small scale prospecting and mining, the statutes allow for regulation by instructional pamphlet rather than hydraulic permit.

If the department had the latitude to administer other low-impact activities through pamphlet specified general rules, rather than hydraulic permits, then there would be less regulatory burden on persons conducting low-impact activities, and cost savings for the department.

Summary of Bill:  The Department of Fish and Wildlife may regulate hydraulic activities through general rules which are published in pamphlet form.  The department may charge a fee for the pamphlets in order to recover costs.  The person conducting the project may be required to possess the pamphlet at the project site.  Violation of pamphlet rules is punishable as a gross misdemeanor.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.