BILL REQ. #:  S-2227.1 

READ FIRST TIME 02/23/07.   

     AN ACT Relating to orca recovery; adding a new section to chapter 77.12 RCW; creating new sections; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that the resident population of orca whales in Washington waters (Orcinus orca), commonly referred to as the southern residents, are enormously significant to the state. These highly social, intelligent, and playful marine mammals, which the legislature designated as the official marine mammal of the state of Washington, serve as a symbol of the Pacific Northwest and illustrate the biological diversity and rich natural heritage that all Washington citizens and its visitors enjoy.
     However, the legislature also finds that the southern resident orcas are currently in a serious decline. Southern residents experienced an almost twenty percent decline between 1996 and 2001. The federal government listed this orca population as depleted in 2003, and as an endangered species in 2005. The federal government has identified prey availability, pollution and contaminants, effects from vessels and sound, vulnerability to oil spills, and other factors as significant threats to these marine mammals.
     In 2006, after listing the southern resident orcas as endangered, the federal government designated critical orca habitat and released a proposed recovery plan for the southern resident orcas. The legislature intends for the state to participate in the finalization of the federal recovery plan and to take those actions necessary to achieve the continued survival and recovery of southern resident orcas, in cooperation with federal agencies, tribal and local governments, and nongovernmental organizations.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     The department is the lead state agency for achieving the recovery of southern resident orca whales, which are found seasonally in Washington state waters.

NEW SECTION.  Sec. 3   (1) The department of fish and wildlife shall form an interagency orca recovery team to coordinate the state's efforts to achieve the recovery of southern resident orca whales. Other members of the team include the department of natural resources, the department of ecology, the Puget Sound action team or its successor, the Hood Canal coordinating council, relevant city and county governments, and other appropriate entities, including the Friday Harbor Whale Museum, invited by the department of fish and wildlife. The department of fish and wildlife and the team shall:
     (a) Participate with Canada, federal agencies, and tribal governments to coordinate orca recovery;
     (b) Coordinate the implementation of those recovery actions identified in the federal orca recovery plan that are appropriate for state or local action; and
     (c) Where the department of fish and wildlife and the team determine that additional actions beyond those identified in the federal orca recovery plan are necessary for recovery, coordinate the implementation of those actions.
     (2) The department of fish and wildlife and the team shall encourage an agency participating on the team to take lead responsibility for those coordinating functions and recovery plan elements that involve a program responsibility housed within that particular agency. The department of fish and wildlife and state agencies with powers and duties related to orca recovery shall utilize all existing authorities to achieve the recovery of southern resident orca whales.
     (3) The department of fish and wildlife and the team shall, by November 1, 2009:
     (a) Briefly summarize the actions taken under this act;
     (b) Briefly summarize additional efforts necessary to achieve orca recovery that are appropriate for implementation at the state or local level; and
     (c) Provide any legislative recommendations necessary to achieve orca recovery in the form of draft legislation.

NEW SECTION.  Sec. 4   Sections 1 and 3 of this act expire June 30, 2010.

NEW SECTION.  Sec. 5   This act takes effect July 1, 2008.