BILL REQ. #:  H-4145.1 

Prefiled 01/07/08. Read first time 01/14/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to studying the effectiveness of the existing hydraulic project approval process under chapter 77.55 RCW in protecting fish life; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) 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 protecting fish life.
     (2) 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, 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.
     (3) If the study required by this section results in recommendations for change to the statutes, administration, or funding levels, those recommendations should be included in the final report.
     (4) 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.
     (5) 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.
     (6) Until the requirements of this section are completed, and the legislature can obtain a better sense of the protections offered by chapter 77.55 RCW, the department of fish and wildlife may not, within the Maury Island aquatic reserve created by order of the commissioner of public lands on November 8, 2004, approve or renew any approvals under chapter 77.55 RCW for any commercial, industrial, or barge loading facilities.
     (7) This section expires January 1, 2011.