Original Notice.

Preproposal statement of inquiry was filed as WSR 99-01-032.

Title of Rule: Volunteer cooperative fish and wildlife enhancement program.

Purpose: Consolidate the former Departments of Fisheries and Wildlife, volunteer cooperative program WACs into a single rule, and to establish deadlines for submission of applications.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: To continue volunteer cooperative projects, and to establish deadlines for submission of applications.

Reasons Supporting Proposal: Will bring to completion the merger of rules for the Department of Fish and Wildlife. In addition, deadlines have been established for the submission of volunteer project applications.

Name of Agency Personnel Responsible for Drafting: Dave Gadwa, Cooperative Project Coordinator, Olympia, (360) 902-2806; Implementation: Dave Brittell, Assistant Director, Administrative Services, Olympia, (360) 902-2206; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2373.

Name of Proponent: Washington Fish and Wildlife Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The former Departments of Fisheries and Wildlife both had rules dealing with volunteer cooperative programs. These rules have not been merged to date; this will bring to completion the merger of both sets of rules into a single set of rules for the Department of Fish and Wildlife. In addition, deadlines have been established for the submission of applications for volunteer projects.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Other than the establishment of a deadline for submission of applications, these rules do not affect volunteer cooperative groups.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Cavanaughs Ridpath Hotel, 515 West Sprague Avenue, Spokane, WA, on April 2-3, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2940, by March 31, 1999.

Date of Intended Adoption: April 2-3, 1999.

February 17, 1999

Evan Jacoby

Rules Coordinator

OTS-2889.1

The purpose of this chapter ((is to establish the procedure for entering into a cooperative agreement between the department and volunteer groups pursuant to chapter 75.52 RCW to increase the food fish and shellfish resources of the state, to provide educational opportunity and improve communication between the department and the public.  This procedure includes the method of application, review process, priority of distribution of available supplies and technical support, recovery of reimbursable expenses, and the method of revocation of the agreement and termination of the project, including grounds for such action)) shall be to ensure compliance by the department of fish and wildlife with the provisions of chapter 72, Laws of 1984 (Title 75 RCW).

[Statutory Authority: RCW 75.52.035.  89-03-015 (Order 89-02), § 220-130-010, filed 1/6/89.  Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-010, filed 2/1/85.]

((For the purposes of this chapter:

(1) Project means a volunteer fisheries resource project.

(2) Commission's designee means the director, deputy director or the assistant director for resource management having departmental authority over the species being enhanced by the volunteer program.

(3) Reimbursable expense means an actual expense of the volunteer cooperative project that may be reimbursed by the department to the project from funds generated by the sale of surplus salmon eggs and salmon carcasses from that project.  Reimbursable expenses include but are not limited to: Fish food; hardware items; lumber; telephone; electricity; salary for hired labor; office supplies; mileage; insurance; fish culture supplies.  Nonreimbursable expenses include purchases of items that have certificate of title or ownership, including but not limited to real estate and motor vehicles, or expenses for debt reduction.

(4) Volunteer cooperative project surplus salmon eggs means those viable salmon eggs that are surplus to both the needs of all programs of the department and other public entities within the state and to the volunteer cooperative project itself.  Priority of use of viable eggs is as established by chapter 220-74 WAC.)) (1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department of fish and wildlife relating to a cooperative fish or wildlife project.

(2) "Cooperative project" means a project conducted by a volunteer group that will benefit fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and game reared and released are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.

(3) "Department" means the department of fish and wildlife.

(4) "Reimbursable expenses" means an actual expense of a project that may be reimbursed by the department to the project from funds generated by the sale of surplus salmon carcasses and nonviable surplus salmon eggs from that project.

(5) "Surplus salmon eggs" means those salmon eggs that are surplus to both the needs of all programs of the department and other public entities as described in chapter 220-74 WAC.

(6) "Surplus salmon carcasses" means those salmon carcasses that are surplus to both the needs of all programs of the department and other public entities as described in chapter 220-74 WAC.

(7) "Viable salmon eggs" mean those salmon eggs which are fertile and capable of being cultured.

(8) "Nonviable salmon eggs" mean those eggs which are infertile.

[Statutory Authority: RCW 75.50.100 and 75.52.035.  98-02-017 (Order 97-245), § 220-130-020, filed 12/30/97, effective 1/30/98.  Statutory Authority: RCW 75.52.035.  89-03-015 (Order 89-02), § 220-130-020, filed 1/6/89.  Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-020, filed 2/1/85.]

(((1) All proposals for volunteer fisheries resource projects shall be made in writing to the department on the department's application form and shall provide the following information:

(a) Date of proposal.

(b) Name of volunteer group or person proposing the project, including name, address and telephone number of contact person.  The volunteer group shall immediately notify the department in writing of a change in contact person.

(c) Location and description of proposed project.

(d) Annual dates of initiation and completion of project, or an indication that the project is ongoing throughout the year.

(e) List of supplies, materials and technical assistance requested from the department and necessary for the completion or operation of the project.

(2) Applications for projects to culture and release food fish and shellfish also must provide:

(a) Number of eggs, larvae, juveniles or adult food fish or shellfish requested by species.

(b) The preferred stock.

(c) The method and type of culturing proposed.

(d) The number of food fish or shellfish to be cultured.

(e) The date of release.

(f) Size at release.

(g) Release location(s).)) The following information should be furnished in writing on forms provided by the department by volunteer groups when applying for a cooperative fish and wildlife project.

(1) Date of application.

(2) Name of volunteer group or person proposing cooperative project. If a group, give the name, address and telephone number of one person in that group who will serve as contact person and project leader.

(3) Location and physical size of project, including a project area map, which clearly indicates the project site(s) including county, street address (if applicable), property ownership, township, range, section and acreage.

(4) Description of the proposed project, including title, project objectives (how the project will benefit the fish and wildlife resources), methods of achieving objectives, criteria for measuring objectives and a description of how the project will be monitored and maintained.

(5) Estimated beginning and ending date of project.

(6) A project budget which identifies by line item the amount of funding requested to purchase goods and services, contracted services, travel, per diem, private vehicle mileage reimbursement, equipment, a list of other funds which may be available to support the project (including the amount and source of outside funding) and any in-kind contributions.

(7) An estimate of the amount of technical assistance required from the department including the names and titles of department personnel who may be needed.

(8) An estimate of the volunteer time, expressed in staff hours, which the project will require.

(9) If the project is to plant or rear fish or wildlife, the following additional information should be developed, unless exempted by the department:

(a) Species to be produced.

(b) Number of eggs, larvae, juveniles, adult fish, shellfish or wildlife proposed to be incubated, reared or released, by species, as well as the timing of all phases of this activity.

(c) Proposed source of eggs, broodstock or juveniles.

(d) Method and type of culturing proposed.

(e) Date of release.

(f) Size at release.

(g) Release location(s).

(h) Statement about the volunteer groups' knowledge of culture and pathology of the species proposed to be produced.

(i) Availability of professional and technical expertise; i.e., local veterinarian, hatchery nearby, local fish or habitat biologist, etc.

(11) A list of permits or agreements (other than those needed to rear and release fish and wildlife) needed to accomplish the proposed project; i.e., cooperative landowner agreements, water rights, building permits, hydraulic project approval (HPA), shorelines permits, zoning variance, JARPA, Corps of Engineers, etc.

[Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-030, filed 2/1/85.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 85-07, filed 2/1/85)

WAC 220-130-040
Review ((procedure)) and selection process.

(1) ((A written response will be mailed to the contact person within forty-five calendar days of receipt of the application.  The response shall include notice if the application is incomplete and that additional information is required, or any identifiable conflicts with legally existing land, water, or property rights, or any identifiable and unacceptable biological or resource management conflicts, or any identifiable lack of supplies, labor, or expertise either biological or nonbiological, or financial resources necessary for project completion or operation.  The department shall provide suggested modifications to the proposal which would increase its likelihood of approval together with the name and telephone number of a person in the department responsible for monitoring the review of the proposal, and a list of identifiable state and federal permits that will be required prior to implementation of the project.  The list shall not be represented as all-inclusive.  The department will identify the date by which a final acceptance or rejection of the proposal can be expected together with an explanation of why that date was selected and the process of further review to occur prior to that date.

(2) During its review of the proposal, the department will coordinate with other agencies and Indian Tribes and assist in the preparation of and coordinate the review of any necessary hydraulic project application, shellfish import and transfer permit or live fish import and transfer permit or applicable requirements of the State Environmental Policy Act.

(3) The department will exempt the volunteer group from payment of permit and license fees to the department for activities relating to the project.

(4) The department will determine its ability to meet the requirements of a project for supplies, technical expertise and other assistance, both biological and nonbiological, by considering:

(a) The project's consistency with department goals to preserve, protect and enhance the fishery resources of the state.

(b) The ability to maximize the number of persons participating in or benefitting from the volunteer fisheries resource program.

(c) The desire to maximize public awareness of the resource.)) The application method is on application forms provided by the department specifically for this purpose. Application forms will be available by request from the Olympia headquarters and at all regional offices of the department.

(2) Applications for projects may be submitted at any time, however, applications must be submitted at least sixty days prior to the funding decision deadlines to allow review and evaluation by the department.

(3) Funding decision deadlines will be June 30, September 30 and December 31 in odd-numbered years, March 31 in even-numbered years.

(4) Exceptions to the funding deadline dates will only be allowed in the event of applications for volunteer projects which are responsive to an emergency situation which may arise and which has been declared to be an emergency by the director.

(5) The department will send each applicant, within forty-five days of receipt of each application, a written acknowledgment of the receipt of the application and give the applicant an estimated date when notification of acceptance or rejection of the proposal can be expected. The written acknowledgment will also provide the department's selection criteria and a general description of the review and selection process. Final decisions and notification of acceptance or rejection of proposals where funding is requested will be made only after the biennial budget is passed by the legislature and signed by the governor.

(6) The department will determine when a proposed project might affect the management programs of federal, other state, and local agencies and of treaty tribes and will make contact with these entities, when the department determines that it is appropriate to do so, during the review and selection process. If the department determines that ongoing coordination between a volunteer group and another agency or tribe would be appropriate, it may be required as a condition of the agreement, when issued.

(7) The department may provide suggested modifications to the proposal which would increase its likelihood of approval together with the name and telephone number of the person within the department responsible for monitoring the review of the proposal.

[Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-040, filed 2/1/85.]

(((1) The terms and conditions for an acceptable project will be set forth in a written agreement between the department and the volunteer group and provide specifics for project implementation.  Agreements may be for up to five years.

(2) If a proposal is rejected, the department must provide in writing to the volunteer group the reasons for the rejection.  The volunteer group may appeal any decision rejecting a proposal to the director or the director's designee.)) The following criteria will be considered by the department in ranking project proposals for funding. These criteria are not rigid but are intended to guide the department in selecting projects that are feasible, cost-effective and complementary with other department programs.

(1) Fish and wildlife commission policies will be used, along with other criteria, to rank proposals. Applicants may wish to compare the objectives of their proposals with the most recent statement of goals, policies and objectives of the fish and wildlife commission to determine whether they are consistent or in conflict.

(2) Program goals, objectives and priorities. Projects will be ranked according to their adherence to program goals, objectives and priorities as outlined in department plans. Applicants may wish to call the operating division(s) within the department most directly concerned with the subject of their proposal to determine whether they are consistent or in conflict.

(3) Costs versus benefits. Project proposals will be evaluated and ranked according to expected ratio of costs to public benefits. Costs will include both grant funds and other funds required, the level of department provided staff assistance needed and the amount for continuing operation and maintenance support needed. Benefits may include direct benefits to fish and wildlife or habitat and benefits to the public in terms of increased recreational or commercial opportunities or increased knowledge about fish and wildlife.

(4) Educational value. Consideration will be given to a project's value in educating and informing the public about the life history and needs of fish and wildlife.

(5) Capabilities of volunteer groups. When considering the approval of a new project, or the renewal or refunding of an existing project, the relative success of that project and the overall capabilities of a particular volunteer group in managing cooperative projects and producing results will be considered, including the amount of department supervision and assistance required to accomplish the project.

(6) Project types. The department shall encourage and support the development and operation of cooperative projects of the following types:

(a) Cooperative food fish and game fish enhancement projects.

(b) Cooperative fish and wildlife habitat improvement projects.

(c) Cooperative fish or wildlife research projects.

(d) Cooperative game bird and game animal projects.

(e) Cooperative information and education projects.

(f) Cooperative nongame wildlife projects.

[Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-050, filed 2/1/85.]

(1) The ((department may revoke approval and terminate projects for cause.  Grounds for termination include:

(a) Violation of the agreement provisions.

(b) Development of unacceptable biological or resource management conflicts during implementation of the project.

(c) Unavailability of adequate resources of expertise necessary to complete the project.

(2) Notice of approval revocation shall be mailed to the contact person for the volunteer cooperative, stating the reason for revocation and, should the reason be violation of the agreement provisions, specifying what agreement provisions were violated and how corrective action can be accomplished to continue with the project.

(3) The volunteer cooperative may appeal any decision for agreement revocation or project termination to the director or the director's designee.)) terms and conditions for an acceptable project will be set forth in a written contract between the department and the volunteer group and provide specifics for project implementation. Agreements may be for up to five years.

(2) Each approved agreement will include the following, when determined by the department to be necessary or appropriate:

(a) Permit to release fish or wildlife.

(b) Procedures for applying for a hydraulic project approval (HPA).

(c) Description of methods that will be used to provide the volunteer group with fish, eggs, wildlife, fish food or other available supplies which will be obtained from the department.

(3) If a proposal is rejected, the department must provide in writing to the volunteer group the reasons for the rejection. The volunteer group may appeal any decision rejecting a proposal to the director or the director's designee.

(4) Proposals accepted by the department may not commence until the volunteer group has executed a contract to undertake the project and that contract has been signed by the person within the department with the authority to do so. Any funds expended prior to the acceptance of a cooperative project contract, or orders for supplies or other action by the volunteer group after the completion date which would constitute a financial obligation will be considered the responsibility of the volunteer group.

[Statutory Authority: RCW 75.08.080.  85-04-045 (Order 85-07), § 220-130-060, filed 2/1/85.]

(1) ((For a project to recover expenses from the sale of surplus salmon carcasses and eggs resulting from project supplementation activities, the following requirements must first be met:

(a) Salmon must be returning to a department approved group facility (hatchery, trap or weir);

(b) An approved and current salmon rearing project must be on file with the department;

(c) The agency must declare that a surplus exists beyond the needs of the department, tribes, other public entities, volunteer cooperative projects and regional fisheries enhancement group requirements; and

(d) An annual budget must be presubmitted and approved by the department.

The department shall indicate which expenses are approved for reimbursement.  The budget must be submitted to the department by the first of July preceding the expected return of the salmon, and show expected expenses.  To collect the funds the project shall annually submit a list of expenses for review by the commission or its designee.  The department shall require actual receipts for items purchased.  Expenses shall be limited to the actual annual operation expenses of the project as detailed in the preapproved budget.  No profit may be realized by the project and no money shall apply to amortization or depreciation.

(2) The department may sell surplus salmon carcasses and nonviable eggs of a project.  If the department cannot sell the surplus salmon carcasses and nonviable eggs of a project, then the project may sell them directly, subject to the following guidelines:

(a) Surplus salmon carcasses and nonviable eggs shall be sold under a competitive bidding system;

(b) The project must provide bid information to the commission or its designee for approval prior to any sale;

(c) Revenue resulting from the sale must be deposited by the successful bidder into a special account of the department and used solely to fund the approved expenses of the project that produced the surplus;

(d) Salmon products provided to the volunteer cooperative project by the successful bidder as part of the approved sale arrangement shall strictly adhere to applicable department of health and department of agriculture requirements;

(e) The project shall provide to the department detailed accounting records of salmon products provided by the successful bidder as part of the approved sale arrangement, including: Types and amount of salmon product received; monthly disposition of salmon products including amount sold, amount in storage, or amount no longer viable, and total moneys collected; and

(f) All revenue from the sale of salmon products provided to the successful bidder as part of the approved sale arrangement shall be deposited into a special account of the department and used solely to fund the approved expenses of the volunteer cooperative project that produced the surplus.

(3) The department may sell the surplus viable salmon eggs of a project.  Surplus viable salmon eggs will be sold by the department as prescribed in chapter 220-74 WAC.  Revenue received shall be deposited into a special account of the department and used solely to fund the approved expenses of the project that produced the surplus.  Surplus viable salmon eggs may not be sold by a project.

(4) Revenue from the sale of surplus salmon carcasses and eggs placed into the special account of the project producing the surplus may not exceed the amount reflected by the current preapproved budget for project expenses.  Moneys accruing in excess of the approved expense amount, as determined by the commission or its designee, shall annually be remitted to the state general fund.

(5) All fish produced from a project are intended for release into state waters.  Live fish will not be transported from a project without prior written approval of the department.

(6) Surplus carcasses of salmon returning to an approved volunteer cooperative project may be seeded into and along streams for the purpose of nutrient enrichment if a plan has been preapproved and coordinated with the department.)) The department may revoke approval and terminate agreements for cause. Grounds for termination include:

(a) Violation of the agreement provisions.

(b) The development of unacceptable biological or resource management conflicts.

(c) The unavailability of adequate financial or biological resources to continue participation by the department.

(d) If any fish or wildlife laws or regulations have been violated.

(2) Notice of revocation shall be mailed to the contact person for the volunteer group stating the reason for the revocation and, should the reason be violation of the agreement provisions, specifying what agreement provisions were violated and how corrective action may be taken to continue the project.

(3) The volunteer group may appeal any decision for agreement revocation or project termination to the director or the director's designee.

[Statutory Authority: RCW 75.50.100 and 75.52.035.  98-02-017 (Order 97-245), § 220-130-070, filed 12/30/97, effective 1/30/98.  Statutory Authority: RCW 75.52.035.  89-03-015 (Order 89-02), § 220-130-070, filed 1/6/89.]

Cooperative projects which rear salmon have the potential for generating income from the sale of surplus salmon carcasses and eggs derived from fishes produced at those projects, and to which salmon return to spawn at the end of their life cycle. If the department determines that it is appropriate to do so, such cooperative projects may, under the guidance of the department and by administrative rules and guidelines established for this purpose, recover some of the cooperative projects operating costs through the sale of nonviable salmon eggs and carcasses. It is understood that the primary objective of this provision is not to establish projects which constitute fish farms, but to allow those projects which may generate surplus fish which elude sport, commercial or tribal fisheries to sell the resulting surplus to help defray the cost of the particular cooperative project.

(1) In order for a project to recover reimbursable expenses, the project must have an annual budget presubmitted and approved by the department. The budget must generally show expected expenses, including the names of all persons expected to draw salaries as hired labor.

(2) Under administrative rules developed for this purpose, the cooperative project may sell nonviable salmon eggs and carcasses by soliciting competitive bids from approved buyers, as determined by the department.

(3) Volunteer cooperative project surplus salmon eggs shall be sold as prescribed by chapter 220-74 WAC, Surplus salmon eggs.

(4) All moneys generated by such sales shall be paid to the department and placed into a special account used solely to fund the reimbursable expenses of the cooperative project which generated the funds.

(5) In order to utilize the funds generated by such sales, a cooperative project must submit a list of expenses accompanied by original invoices, including signed time sheets for hired labor salary expenses, which clearly shows that the expenses relate to the presubmitted budget for the project which comply with all accounting and contract requirements.

(6) Reimbursable expenses shall be limited to the actual annual operating expenses of the project. No profit may be realized by the project, and no moneys shall apply to amortization or depreciation.

(7) Moneys accruing in excess of the reimbursable expense amount, as determined by the director, shall annually be remitted to the state general fund.

(8) Viable surplus salmon eggs may not be sold, bartered, exchanged or disposed of by any volunteer group.

(9) Surplus salmon carcass sales may not be allowed if the department determines that they would be more appropriately utilized to reseed streams in an effort to restore or enhance habitat through nutrient enrichment.

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