6227-S2 AMH NELS CALL 102

2SSB 6227 - H AMD 1574

By Representative Nelson

SCOPE AND OBJECT 3/12/2008

        On page 3, after line 28, insert the following:

   "(4)(a) As part of its administrator duties, the department of fish and wildlife must conduct a study as to the effectiveness of the existing hydraulic project approval process under chapter 77.55 RCW in helping marine resource committees protect fish life.
     (b) The study required by this section must consider the effectiveness of legislative enactments, the actual implementation of those enactments by the department of fish and wildlife, the benefits the hydraulic approval process has on marine resources committees, and the impact that historic funding levels for the program have on the effectiveness of the program. The study must focus on both the level of compliance with chapter 77.55 RCW and on the final degree of fish life protection that is achieved even in instances of full compliance.
     (c) Prior to the final release of the study required by this section, a majority of the members of the fish and wildlife commission must vote to affirm that the study has been fully completed.
   (d) The requirements of this section must be completed as readily as funds allow, while still allowing a full and complete study. To satisfy this section, the department of fish and wildlife may use any funds appropriated to it for this specific purpose, any available nondesignated funds in control of the department of fish and wildlife, and any private donations provided to the department of fish and wildlife for the purposes of this section.

   (e) The department of fish and wildlife may not, within an area designated as an aquatic reserve by the commissioner of public lands, approve or renew any approvals under chapter 77.55 RCW for any commercial, industrial, or barge loading facilities that may accommodate the removal of sand and gravel until the study required by this section is completed. In addition, any approvals issued or renewed by the department of fish and wildlife under chapter 77.55 RCW for any project impacting land described in this subsection after June 30, 2007, that are under appeal as of the effective date of this section may not be advanced to a final decision that allows the permitted project to begin construction until the requirements of this section are completed."

EFFECT: Requires the Department of Fish and Wildlife to study how the hydraulics approval process benefits marine resources committees and limits the final issuance of certain permits until the study is complete.