[atlas:bill]

AN ACT Relating to surplus hatchery-reared fish; adding a new section to chapter 77.12 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that the methods by which salmonids are currently propagated in waters of the state evolved over many decades are too complex to be instantly replaced without also placing the fisheries resource, dependent and affected communities, and the state's economy at unnecessary risk. The state, and public and private entities approved by the state, have made considerable investments in facilities to propagate salmonids and have been done voluntarily or to fulfill mitigation requirements. The legislature finds that federal fishery agencies are mandating that major modifications be implemented immediately without a thorough analysis of the impacts, an evaluation of less impacting alternatives, or documentation of the anticipated impacts. The legislature finds there are questions as to whether federal agencies have based their policies on only one of a number of possible interpretations of federal law. The legislature finds that the state's fishery resource, dependent and affected communities, and the state's economy could be unnecessarily and permanently harmed by overly precipitous federal action.

(2) Until June 30, 2003, to the extent not inconsistent with federal law, there shall be a moratorium placed on implementation of orders issued by federal fishery agencies that do not comply with the provisions of section 2 of this act. During the period the moratorium is in effect, representatives of the executive and the legislative branches of the state of Washington shall consult with their counterparts in the states of Oregon, Idaho, and Montana and involved federal fishery agencies, to examine the basis for federal policies that order destruction of significant populations of salmonids and their eggs and sperm, and to evaluate alternatives that have less impact to the salmonid resource, to dependent and affected communities, and to each state's economy.

(3) By December 15, 2002, the department of fish and wildlife shall submit a report that provides a list of the alternative policies that were considered together with the estimated impact of each alternative to the fishery resource, to dependent and affected communities, and to Washington's economy. The report shall be submitted to the chief clerk of the house of representatives and the secretary of the senate.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

To the extent not inconsistent with federal law, all fish reared in state-funded hatcheries and fish reared in mitigation hatcheries approved by the department under RCW 77.55.080, surplus of the operational needs of the hatchery, shall be allowed to continue to spawn under natural conditions and the eggs and sperm from those fish shall not be destroyed pursuant to orders or other requirements of the federal government unless:

(1) The order from the federal agency is in writing and is signed by the appropriate federal official;

(2) The order has provided clear directions to assure that stocks of fish listed as threatened or endangered will not be accidentally or intentionally directed to be killed and that execution of such order will not constitute a violation of the prohibition on take included in the federal endangered species act;

(3) The federal agency order cites the specific federal regulation that contains criteria as to how various stocks of fish are to be distinguished from one another and that surplus hatchery fish, including their eggs and sperm must be destroyed;

(4) The basis for the order is genetic testing of scales or other parts of fish that allows accurate placement of stocks of fish into distinct categories;

(5) Surplus hatchery-reared fish have been verified to be genetically different than the naturally spawning fish;

(6) The stock differentiation is based on sound science and has been subjected to peer review that includes at least three scientists with a high degree of expertise in fish genetics chosen by the department chairs of two state universities' fishery programs. The peer review panel shall write a written report of the findings and conclusions;

(7) The number of fish in the population is of an adequate number to adequately restore the run without hatchery augmentation;

(8) The evaluation of fish stocks includes an estimate of the extent that various stocks have strayed and the number of years that said stocks have strayed; and

(9) The extent that indigenous stocks have intermixed with other indigenous stocks or with other hatchery stocks.