AN
ACT Relating to the use of viable salmon eggs; amending RCW 77.95.210,
77.95.270, 77.100.050, and 77.100.060; adding a new section to chapter 77.04
RCW; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
77.95.210 and 2000 c 107 s 11 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, 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 after the salmon harvest on
surplus salmon has been first maximized by both commercial and recreational
fishers.
(2)
The department shall not destroy hatchery origin salmon for the purposes of
destroying viable eggs that would otherwise be useful for propagation or salmon
recovery purposes, as determined by the department and Indian tribes with
treaty fishing rights in a collaborative manner, for replenishing fish runs.
Eggs deemed surplus by the state must be provided, in the following order of
priority, to:
(a)
Voluntary cooperative salmon culture programs under the supervision of the
department under chapter 77.100 RCW;
(b)
Regional fisheries enhancement group salmon culture programs under the
supervision of the department under this chapter;
(c)
Salmon culture programs requested by lead entities and approved by the salmon
funding recovery board under chapter 77.85 RCW;
(d)
Hatcheries of federally approved tribes in Washington to whom eggs are moved,
not sold, under the interlocal cooperation act, chapter 39.34 RCW; and
(e)
Governmental hatcheries in Washington, Oregon, and Idaho.
The
order of priority established in this subsection for distributing surplus eggs
does not apply when there is a shortfall in the supply of eggs.
(3)
All sales, provisions, distributions, 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.
Sec.
2. RCW
77.95.270 and 1989 c 336 s 6 are each amended to read as follows:
Except as provided in RCW 77.95.210, 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. However, providing salmon eggs as specified in RCW 77.95.210(2) has
the highest priority. The priority of providing eggs surplus after
meeting the requirements of RCW 77.95.210(2) to contract rearing ((shall
be)) is a higher priority than providing eggs to aquaculture
purposes ((which)) that are not destined for release into
Washington public waters.
Sec.
3. 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. If a regional fisheries enhancement
group, lead entity, volunteer cooperative group, federally approved tribe in
Washington, or a governmental hatchery in Washington, Oregon, or Idaho requests
the department for viable eggs, the department must include the request within
the brood stock document prepared for review by the regional offices. The eggs
shall be distributed in accordance with the priority established in RCW
77.95.210 if they are available. A request for viable eggs may only be denied
if the eggs would not be useful for propagation or salmon recovery purposes, as
determined under RCW 77.95.210.
(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 as threatened or endangered 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 in order to help determine if their efforts are successful.
Sec.
4. 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. 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. The rules
must identify and implement appropriate protocols for brood stock handling,
including the outplanting of adult fish, spawning, incubation, rearing, and
release and establish a prioritized schedule for implementation of this act,
and shall include directives for allowing more hatchery salmon to spawn
naturally in areas where progeny of hatchery fish have spawned, including the
outplanting of adult fish, in order to increase the number of viable salmon
eggs and restore healthy numbers of fish within the state.
(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.
NEW
SECTION. Sec. 5. A
new section is added to chapter 77.04 RCW to read as follows:
(1)
The department shall prepare an annual surplus salmon report. This report
shall include the disposition of adult salmonids that have returned to salmonid
hatchery facilities operated under the jurisdiction of the state that:
(a)
Have not been harvested; and
(b)
Were not allowed to escape for natural spawning.
(2)
The report shall include, by species, the number and estimated weight of
surplus salmon and steelhead and a description of the disposition of the adult
carcasses including, but not limited to, the following categories:
(a)
Disposed in landfills;
(b)
Transferred to another government agency for reproductive purposes;
(c)
Sold to contract buyers in the round;
(d)
Sold to contract buyers after spawning;
(e)
Transferred to Native American tribes;
(f)
Donated to food banks; and
(g)
Used in stream nutrient enrichment programs.
(3)
The report shall also include, by species, information on the number of
requests for viable salmon eggs, the number of these requests that were granted
and the number that were denied, the geographic areas for which these requests
were granted or denied, and a brief explanation given for each denial of a
request for viable salmon eggs.
(4)
The report shall be included in the biennial state of the salmon report
required by RCW 77.85.020 and other similar state reports on salmon.
(5)
The report shall include an assessment of the infrastructure needs and facility
modifications necessary to implement this act.
*NEW
SECTION. Sec. 6.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately.
*Sec. 6 was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 6, Engrossed Substitute House Bill
No. 1286 entitled:
"AN
ACT Relating to the use of viable salmon eggs;"
Engrossed Substitute
House Bill No. 1286 provides direction and priorities to the Department of Fish
and Wildlife (WDFW) and the Fish and Wildlife Commission regarding the use of
surplus salmon eggs.
Although I have approved
the majority of this bill, I do have concerns about how it may be implemented.
Section 4 of the bill
directs the Commission to issue rules allowing more hatchery salmon to spawn
naturally in the state's watersheds. In view of the significant concerns and
uncertainties surrounding the interaction between hatchery and wild salmon, the
Commission should take into account the recommendations of the federal agencies
with jurisdiction over this issue, namely the National Marine Fisheries Service
and the U.S. Fish and Wildlife Service.
Nothing in this
legislation infringes on WDFW's co-management responsibilities with the
tribes. I anticipate that any rules will comply with WDFW's Hatchery Genetic
Management Plans, satisfying the requirements of the Endangered Species Act and
the goal of wild fish recovery. I also expect the state and tribes to continue
to improve hatchery practices and to develop recommendations consistent with
the findings of the Hatchery Scientific Review Group.
Although hatcheries
currently, and in the future, will play an important role in the recovery of
wild salmon populations, they are not a substitute for the protection and
restoration of habitat and reform of our state water code. Wild salmon will
not recover without our addressing habitat, hatcheries, harvest and hydropower.
I also note that there is
a technical conflict in the priorities for the distribution of surplus eggs in
section 1 of the bill and existing law (RCW 77.100.060(3)). I ask that the
WDFW work with the legislature to address this issue.
Section 6 of this bill is
an emergency clause. My discussions with WDFW indicate that this provision is
not necessary and that the development of the appropriate rule package will
take some time.
For these reasons, I have
vetoed section 6 of Engrossed Substitute House Bill No. 1286.
With
the exception of section 6, Engrossed Substitute House Bill No. 1286 is
approved."
