BILL REQ. #:  S-4123.1 

Read first time 01/12/2006.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to the Columbia river safety and coastal crab mitigation work group; adding a new chapter to Title 77 RCW; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The Columbia river safety and coastal crab mitigation work group is established within the department of ecology.
     (2) The work group is composed of the following members:
     (a) The director of the department of ecology, or the director's designee;
     (b) The director of the department of fish and wildlife, or the director's designee;
     (c) Three representatives of entities that are signatories to the coastal communities of southwest Washington agreement, selected collaboratively by the signatory entities;
     (d) One representative each from the Columbia river crab fisherman's association and the Washington Dungeness crab fishermen's association;
     (e) One representative of port districts within the lower Columbia river watershed, selected by the Washington public ports association.
     (3) The United States army corps of engineers and representatives of Indian tribes with crab fishing rights in southwest Washington must be invited by the work group to participate on the work group.
     (4) Upon convening, the work group shall select a chair to preside over committee meetings and a vice-chair to preside in the chair's absence.
     (5) Staff to the work group must be provided by the department of ecology and the department of fish and wildlife.

NEW SECTION.  Sec. 2   The Columbia river safety and coastal crab mitigation work group shall:
     (1) Evaluate the safety risks from wave amplification and the impacts to the coastal crab resource of the state from the Columbia river channel improvement project, including annual maintenance at the mouth of the Columbia river and all ocean and in river disposal activity;
     (2)(a) Examine the United States army corps of engineers' responsibilities for the monitoring and mitigation of the potential impacts identified in subsection (1) of this section; and (b) evaluate the sufficiency of the United States army corps of engineers' monitoring and mitigation plans and activities in light of its responsibilities; and
     (3) Adopt recommended practices or guidelines for monitoring, dredging, or disposal activities that would help avoid, minimize, or compensate for the impacts set forth in subsection (1) of this section, should the work group find such practices or guidelines to be necessary. The practices or guidelines must be completed by December 31, 2006.

NEW SECTION.  Sec. 3   The Columbia river safety and coastal crab mitigation work group shall invite the United States army corps of engineers to develop a mitigation and safety agreement incorporating practices or guidelines consistent with the recommendations in section 2 of this act. The work group shall negotiate with the objective of including enforceable measures in the agreement. The work group shall also endeavor to secure agreement to the inclusion of numeric standards for dredge deposition that vary by areal extent, height, and ocean depth, with the overall objective of meeting a standard of inducing no greater than ten percent wave amplification through dredge spoil deposition. Each state agency and unit of local government proposed for inclusion in the agreement retains independent authority to enter the agreement.

NEW SECTION.  Sec. 4   If the agreement referenced in section 3 of this act is not developed and signed by the United States army corps of engineers and by the department of ecology and department of fish and wildlife by December 31, 2007, the department of ecology and department of fish and wildlife shall review the practices or guidelines adopted under section 2 of this act for consistency with conditions previously imposed by the state of Washington under the authority of section 401 of the federal clean water act, 33 U.S.C. 1341, and of the federal coastal zone management act, 16 U.S.C. 1451 et seq. Where the conditions previously imposed are less protective of crab resources or crab fisher safety, the departments shall use all available authorities to revise such conditions and ensure that they are incorporated into federal permits issued for the Columbia river channel improvement project and maintenance activity. For any new or modified federal permits requiring state certification, the departments shall include conditions that incorporate the applicable practice or guideline recommendations of the work group.

NEW SECTION.  Sec. 5   In carrying out its duties under section 2 of this act, the Columbia river safety and coastal crab mitigation work group may contract with individuals or entities for technical assistance.

NEW SECTION.  Sec. 6   The Columbia river safety and coastal crab mitigation work group and its powers and duties terminate June 30, 2009.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act expire June 30, 2009.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 77 RCW.