[atlas:bill]

AN ACT Relating to increasing salmon to self-sustaining levels; amending RCW 77.95.210, 77.95.270, 77.100.050, and 77.100.060; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the extensive use of hatchery fish in this state has left little genetic difference between native fish stocks and the hatchery fish. The legislature also finds that because these fish frequently stray from one watershed to another, the assertion that there are separate and distinct fish stocks within the state watersheds may not be strongly supported by science. The legislature further finds that it is necessary to allow returning salmon to spawn if salmon populations are ever to return to self-sustaining levels. The purpose of this act is to allow all returning salmon to spawn, without prejudice to their origin, and to provide technical assistance to stakeholders in supplementation efforts to rebuild salmon stocks to self-sustaining levels.

Sec. 2. RCW 77.95.210 and 2000 c 107 s 11 are each amended to read as follows:

(1) The department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington. All sales or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.

(2) Unless prohibited by a federal agency, the department must make viable eggs available for propagation in watersheds where supplementation of fish runs is needed to assist in rebuilding sustainable populations of fish. The department must give priority to watersheds that have made habitat restoration improvements in distributing the eggs.

Sec. 3. RCW 77.95.270 and 1989 c 336 s 6 are each amended to read as follows:

The department may make available to private contractors salmon eggs in excess of department hatchery needs for the purpose of contract rearing to release the smolts into public waters. Providing salmon eggs to volunteer groups, federally approved Indian tribes, and governmental hatcheries is the department's highest priority in providing eggs for propagation. The priority of providing eggs to contract rearing shall be higher than providing eggs to aquaculture purposes which are not destined for release into Washington public waters.

Sec. 4. RCW 77.100.050 and 1987 c 505 s 73 are each amended to read as follows:

(1) The department shall:

(a) Encourage and support the establishment of cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal, and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities. All cooperative projects shall be fairly considered in the approval of cooperative agreements;

(b) Identify regions and species or activities that would be particularly suitable for cooperative projects providing benefits compatible with department goals;

(c) Determine the availability of rearing space at operating facilities or of net pens, egg boxes, portable rearing containers, incubators, and any other rearing facilities for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;

(d) Make viable eggs available for replenishing fish runs, and salmon carcasses for nutrient enhancement of streams;

(e) Exempt volunteer groups from payment of fees to the department for activities related to the project;

((~~(e)~~)) (f) Publicize the cooperative program;

((~~(f)~~)) (g) Not substitute a new cooperative project for any part of the department's program unless mutually agreeable to the department and volunteer group;

((~~(g)~~)) (h) Not approve agreements that are incompatible with legally existing land, water, or property rights.

(2) The department may, when requested, provide to volunteer groups its available professional expertise and assist the volunteer group to evaluate its project. The department must conduct annual workshops in each administrative region of the department that has fish stocks listed under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups with egg rearing, share information on successful salmon recovery projects accomplished by volunteers within the state, and provide basic training on monitoring efforts that can be accomplished by volunteers.

Sec. 5. RCW 77.100.060 and 2000 c 107 s 112 are each amended to read as follows:

The commission shall establish by rule:

(1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by RCW 77.12.457. The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.

(2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.

(3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. The rules must prohibit the destruction of hatchery origin salmon for the purposes of destroying viable eggs that could be used for salmon propagation in watersheds in which volunteer groups have expressed an interest in entering into a cooperative agreement for rearing eggs to assist with salmon recovery. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects.

(4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.

(5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.