BILL REQ. #:  S-0433.1 

Read first time 01/22/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to enhancement of fish habitat on public lands in Skagit county; adding a new section to chapter 77.85 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that there are significant impacts to existing economies and legally protected land uses in Skagit county resulting from the current activities involving the use of a regulatory approach to restore and enhance habitat for anadromous fisheries within the county. The legislature finds that while it has authorized regulatory approaches by state and local governments to protect fish habitat and other critical areas, it has not required nor authorized regulatory approaches to be taken to restore or enhance fish habitat.
     By contrast, the legislature finds that there are hundreds of acres primarily outside the dikes within the county under public ownership primarily under the management control of the department of natural resources and the department of fish and wildlife that have the potential to provide equal or greater value as fish habitat that have not been examined. The purpose of this act is to require a concerted effort be made to fully use the potential to restore and enhance fishery habitat on these publicly owned lands as the highest priority.
     Further, it is recognized that this effort needs to involve representatives from a wide spectrum of the public and the involved agencies, and that it be comprised primarily by people who have first-hand knowledge of the area and who understand its history.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.85 RCW to read as follows:
     (1)(a) A program for restoration and enhancement of salmonid habitat on publicly owned lands in Skagit county is created. The program shall be known as the Skagit salmon habitat enhancement initiative. The purpose of the program is to provide for the systematic examination of opportunities to enhance habitat for salmonids on public lands, develop project proposals and priorities, apply for funding for implementation of projects, and manage the projects to completion.
     (b) The management board created under subsection (2) of this section shall implement the habitat portion of the plan and is empowered to receive and disburse funds for the approved salmonid habitat restoration projects. This management board constitutes 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) A management board consisting of nine voting members is created. The members shall consist of one county commissioner selected by the county legislative authority; one member representing the cities selected by the cities within the county; a member of the Swinomish Tribe appointed by the tribal council; one representative of diking or drainage districts selected by the boards of diking and drainage districts that contain lands within the county; two members of the general public appointed by the Skagit county board of commissioners to include one who represents agricultural interests who resides in the county and one who represents the environmental community who resides in the county; a representative of the department of fish and wildlife appointed by the chair of the state fish and wildlife commission; one representative appointed by the governor; and a representative of the department of natural resources appointed by the commissioner of public lands. The management board may appoint and consult with a technical advisory committee or consultants to perform work for the management board.
     (b) The chair of the management board shall be elected by the members of the management 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.
     (c) 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 review and development of a restoration and enhancement plan on public lands to implement its responsibilities under (b) of this subsection. The management board shall consider local watershed efforts and activities that pertain to fish habitat enhancement and restoration on public land. This section does not limit 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 plan. The management board may not preempt the authority of cities, counties, or diking and drainage districts. If any plan or project developed by the management board conflicts with a state law or rule, the management board shall provide recommendations to the legislature for ways to address the conflict if the management board believes the project or plan should move forward.
     (c) The management board shall prioritize and approve projects and programs related to the restoration and enhancement of salmonid habitat, including seeking funding of those projects and programs through the salmon recovery funding board, and coordinate local government efforts as prescribed in the plan. The management board shall establish criteria for funding projects and programs based upon their likely value in salmonid restoration. The management board may consider local economic impact among the criteria.
     (d) The management board is encouraged to use state and local expertise, volunteer groups, interest groups, and affected units of local government.
     (4) The management board may hire and fire staff including an executive director, enter into contracts, accept grants and other moneys, disburse funds, pay all necessary expenses, and choose a fiduciary agent. The management board shall report on its progress on a quarterly basis to the county legislative authority and state natural resource-related agencies. The management board shall prepare a final report at the conclusion of the program describing its efforts and successes in implementing the habitat restoration plan associated with restoring and enhancing salmon habitat on publicly owned lands. The final report shall be transmitted to the appropriate committees of the legislature, the legislative body of the participating county, and the state natural resource-related agencies.
     (5) The definitions in this subsection apply throughout this section.
     (a) "Enhance" means to increase the quantity or the quality of available fish habitat.
     (b) "Protect" means to maintain the status, to save from loss, or to prevent further harm to fish habitat. "Protect" includes the no net loss of fish habitat concept as measured from the current condition.
     (c) "Restore" means to bring back to a former position or condition, to put back or bring back into existence or use, or to bring back to or put back into a former or original state of fish habitat.
     (6) The program terminates July 1, 2006, unless extended by the legislature.