_______________________________________________
HOUSE
BILL 1035
_______________________________________________
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time 01/11/2001. Referred to Committee on Natural Resources.
Extending a program of steelhead recovery in certain
counties.
AN
ACT Relating to the management board created to implement the habitat portion
of the lower Columbia steelhead conservation initiative; amending RCW
77.85.200; amending 1998 c 60 s 1 (uncodified); and providing an effective
date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
77.85.200 and 2000 c 107 s 121 are each amended to read as follows:
(1)
A ((pilot)) program for steelhead recovery is established in Clark,
Cowlitz, Lewis, Skamania, and Wahkiakum counties within the habitat area
classified as evolutionarily significant unit 4 by the federal national marine
fisheries service. The management board created under subsection (2) of this
section is responsible for implementing the habitat portion of the approved
steelhead recovery initiative and is empowered to receive and disburse funds
for the approved steelhead recovery initiative. The management board created
pursuant to this section shall constitute the lead entity and the committee
established under RCW 77.85.050 responsible for fulfilling the requirements and
exercising powers under this chapter.
(2)
A management board consisting of fifteen voting members is created within
evolutionarily significant unit 4. The members shall consist of one county
commissioner or designee from each of the five participating counties selected
by each county legislative authority; one member representing the cities
contained within evolutionarily significant unit 4 as a voting member selected
by the cities in evolutionarily significant unit 4; a representative of the
Cowlitz Tribe appointed by the tribe; one state legislator elected from one of
the legislative districts contained within evolutionarily significant unit 4
selected by that group of state legislators representing the area; five
representatives to include at least one member who represents private property
interests appointed by the five county commissioners or designees; one hydro
utility representative nominated by hydro utilities and appointed by the five
county commissioners or designees; and one representative nominated from the
environmental community who resides in evolutionarily significant unit 4
appointed by the five county commissioners or designees. The board shall
appoint and consult a technical advisory committee, which shall include four
representatives of state agencies one each appointed by the directors of the
departments of ecology, fish and wildlife, and transportation, and the
commissioner of public lands. The board may also appoint additional persons to
the technical advisory committee as needed. The chair of the board shall be
selected from among the five county commissioners or designees and the
legislator on the board. In making appointments under this subsection, the
county commissioners 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 management board
member, the management board, or any of its agents, officers, or employees for
any noncontractual acts or omissions in carrying out the purposes of this
section.
(3)(a)
The management board shall participate in the development of a recovery plan to
implement its responsibilities under (b) of this subsection. The management
board shall consider local watershed efforts and activities as well as habitat
conservation plans in the implementation of the recovery plan. Any of the
participating counties may continue its own efforts for restoring steelhead
habitat. Nothing in this section limits 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 management board is responsible for implementing the habitat portions of
the local government responsibilities of the lower Columbia steelhead
conservation initiative approved by the state and the national marine fisheries
service. The management board may work in cooperation with the state and the
national marine fisheries service to modify the initiative, or to address
habitat for other aquatic species that may be subsequently listed under the
federal endangered species act. The management board may not exercise
authority over land or water within the individual counties or otherwise
preempt the authority of any units of local government.
(c)
The management board shall prioritize as appropriate and approve projects and
programs related to the recovery of lower Columbia river steelhead runs,
including the funding of those projects and programs, and coordinate local
government efforts as prescribed in the recovery plan. The management board
shall establish criteria for funding projects and programs based upon their
likely value in steelhead recovery. The management board may consider local
economic impact among the criteria, but jurisdictional boundaries and factors
related to jurisdictional population may not be considered as part of the
criteria.
(d)
The management board shall assess the factors for decline along each
prioritized stream as listed in the lower Columbia steelhead conservation
initiative. The management board is encouraged to take a stream-by-stream
approach in conducting the assessment which utilizes state and local expertise,
including volunteer groups, interest groups, and affected units of local
government.
(4)
The management board 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. The management board
shall report on its progress on a quarterly basis to the legislative bodies of
the five participating counties and the state natural resource-related
agencies. The management board shall prepare a final report at the conclusion
of the ((pilot)) program describing its efforts and successes in
implementing the habitat portion of the lower Columbia steelhead conservation
initiative. The final report shall be transmitted to the appropriate
committees of the legislature, the legislative bodies of the participating
counties, and the state natural resource-related agencies.
(5)
The ((pilot)) program terminates on July 1, ((2002)) 2006.
(6)
For purposes of this section, "evolutionarily significant unit" means
the habitat area identified for an evolutionarily significant unit of an
aquatic species listed or proposed for listing as a threatened or endangered
species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
Sec. 2. 1998
c 60 s 1 (uncodified) is amended to read as follows:
The
legislature recognizes the need to address listings that are made 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 ((pilot))
program for southwestern Washington to address the recent steelhead listings
and which takes full advantage of all state and local efforts at habitat
restoration in that area to date.
NEW
SECTION. Sec. 3. This
act takes effect August 1, 2001.
