H-2218.1
_______________________________________________
SUBSTITUTE HOUSE BILL 2079
_______________________________________________
State of Washington
56th Legislature
1999 Regular Session
By House Committee on Natural Resources (originally sponsored by
Representatives Regala, Buck, Eickmeyer, Anderson, Rockefeller,
Romero,
Veloria and Keiser)Read first time 03/02/1999.
AN ACT Relating to salmon recovery; amending
RCW 75.46.010,
75.46.050, 75.46.060, 75.46.070, 75.46.080, 75.46.100, and 75.46.130;
adding a new section to chapter 75.46 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 75.46.010 and 1998 c
246 s 2 are each amended to read
as follows: The definitions in this section
apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Adaptive management" means reliance
on scientific methods to
test the results of actions taken so that the management and related
policy can be changed promptly and appropriately.
(2) "Critical pathways methodology" means
a project scheduling and
management process for examining interactions between habitat projects
and salmonid species, prioritizing habitat projects, and assuring
positive benefits from habitat projects.
(3) "Habitat project list" is the list
of projects resulting from
the critical pathways methodology under RCW 75.46.070(2).
Each project
on the list must have a written agreement from the landowner on
whose
land the project will be implemented. Projects include habitat
restoration projects, habitat protection projects, habitat projects
that improve water quality, habitat projects that protect water
quality, habitat-related mitigation projects, {+ fish passage projects,
fish screening projects, +} and habitat project {+ corrective +}
maintenance and monitoring activities.
(4) "Habitat work schedule" means those
projects from the habitat
project list that will be implemented during the current funding
cycle.
The schedule shall also include a list of the entities and individuals
implementing projects, the start date, duration, estimated date
of
completion, estimated cost, and funding sources for the projects.
(5) "Limiting factors" means conditions
that limit the ability of
habitat to fully sustain populations of salmon. These factors
are
primarily fish passage barriers and degraded estuarine areas, riparian
corridors, stream channels, and wetlands.
(6) "Project sponsor" is a county, city,
special district, tribal
government, a combination of such governments through interlocal
agreements provided under chapter 39.34 RCW, a nonprofit organization,
or one or more private citizens.
(7) "Salmon" includes all species of the
family Salmonidae which
are capable of self-sustaining, natural production.
(8) "Salmon recovery plan" means a state
plan developed in response
to a proposed or actual listing under the federal endangered species
act that addresses limiting factors including, but not limited
to
harvest, hatchery, hydropower, habitat, and other factors of decline.
(9) "Tribe" or "tribes" means federally
recognized Indian tribes.
(10) "WRIA" means a water resource inventory
area established in
chapter 173-500 WAC as it existed on January 1, 1997.
(11) "Owner" means the person holding
title to the land or the
person under contract with the owner to lease or manage the legal
owner's property.
Sec. 2. RCW 75.46.050 and 1998 c
246 s 6 are each amended to read
as follows: (1) The governor shall request
the national academy of sciences,
the American fisheries society, or a comparable institution to
screen
candidates to serve as members on the independent science panel.
The
institution that conducts the screening of the candidates shall
submit
a list of the nine most qualified candidates to the governor, the
speaker of the house of representatives, and the majority leader
of the
senate. The candidates shall reflect expertise in habitat
requirements
of salmon, protection and restoration of salmon populations, artificial
propagation of salmon, hydrology, or geomorphology.
(2) The speaker of the house of representatives
and the majority
leader in the senate shall each remove one name from the nomination
list. The governor shall consult with tribal representatives
and the
governor shall appoint five scientists from the remaining names
on the
nomination list.
(3) The members of the independent science
panel shall serve four-
year terms. {+ Vacant positions on the panel shall be filled
in the
same manner as the original appointments. Members shall serve
no more
than two full terms. +} The independent science panel members
shall
elect the chair of the panel among themselves every two years.
(({-
The members of the independent science panel shall be compensated
as
provided in RCW 43.03.250 and reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060. -})) {+ Based
upon
available funding, the governor's salmon recovery office may contract
for services with members of the independent science panel for
compensation under chapter 39.29 RCW. +}
(4) The independent science panel shall
be governed by generally
accepted guidelines and practices governing the activities of
independent science boards such as the national academy of sciences.
The purpose of the independent science panel is to help ensure
that
sound science is used in salmon recovery efforts. The governor's
salmon recovery office shall request review of salmon recovery
plans by
the science review panel. The science review panel does not
have the
authority to review individual projects or project lists developed
under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policydecisions.
(5) The independent science panel shall
submit its findings to the
legislature and the governor.
Sec. 3. RCW 75.46.060 and 1998 c
246 s 7 are each amended to read
as follows: (1)(a) Counties, cities, and
tribal governments must jointly
designate, by (({- official -})) resolution {+ or by letters of
support
+}, the area for which a habitat (({- restoration -})) project
list is
to be developed and the lead entity that is to be responsible for
submitting the habitat (({- restoration -})) project list.
No project
included on a habitat (({- restoration -})) project list shall
be
considered mandatory in nature and no private landowner may be
forced
or coerced into participation in any respect. The lead entity
may be
a county, city, conservation district, special district, tribal
government, or other entity.
(b) The lead entity shall establish a
committee that consists of
representative interests of counties, cities, conservation districts,
tribes, environmental groups, business interests, landowners, citizens,
volunteer groups, regional fish enhancement groups, and other (({-
restoration -})) {+ habitat +} interests. The purpose
of the
committee is to provide a citizen-based evaluation of the projects
proposed to promote salmon habitat (({- restoration -})).
The
interagency review team may provide the lead entity with organizational
models that may be used in establishing the committees.
(c) The committee shall compile a list
of habitat (({- restoration
-})) projects, establish priorities for individual projects, define
the
sequence for project implementation, and submit these activities
as the
habitat (({- restoration -})) project list. The committee
shall also
identify potential federal, state, local, and private funding sources.
(2) The area covered by the habitat project
list must be based, at
a minimum, on a WRIA, combination of WRIAs, (({- an evolutionarily
significant unit, -})) or any other area as agreed to by the counties,
cities, and tribes {+ in resolutions or in letters of support +}
meeting the requirements of this subsection. Preference will
be given
to projects in an area that contain a salmon species that is listed
or
proposed for listing under the federal endangered species act.
Sec. 4. RCW 75.46.070 and 1998 c
246 s 8 are each amended to read
as follows: (1) Critical pathways methodology
shall be used to develop a
habitat project list and a habitat work schedule that ensures salmon
(({- restoration -})) {+ recovery +} activities will be prioritized
and
implemented in a logical sequential manner that produces habitat
capable of sustaining healthy populations of salmon.
(2) The critical pathways methodology
shall:
(a) Include a limiting factors analysis
for salmon in streams,
rivers, tributaries, estuaries, and subbasins in the region. The
technical advisory group shall have responsibility for the limiting
factors analysis;
(b) Identify local habitat projects that
sponsors are willing to
undertake. The projects identified must have a written agreement
from
the landowner on which the project is to be implemented.
Project
sponsors shall have the lead responsibility for this task;
(c) Identify how projects will be monitored
and evaluated. The
project sponsor, in consultation with the technical advisory group
and
the appropriate landowner, shall have responsibility for this task;(({-
and -}))
(d) {+ Include a review of monitoring
data, evaluate project
performance, and make recommendations to the committee established
under RCW 75.46.060 and to the interagency review team. The
technical
advisory group has responsibility for this task; and
(e) +} Describe the adaptive management
strategy that will be used.
The committee established under RCW 75.46.060 shall have responsibility
for this task. If a committee has not been formed, the technical
advisory group shall have the responsibility for this task.
(3) The habitat work (({- list -})) {+
schedule +} shall include
all projects developed pursuant to subsection (2) of this section
as
well as any other salmon habitat (({- restoration -})) project
implemented in the region{+ , including habitat preservation projects
funded through the Washington wildlife and recreation program,
the
conservation reserve enhancement program, and other conservancy
programs +}. The {+ habitat +} work (({- list -})) {+ schedule
+}
shall also include the start date, duration, estimated date of
completion, estimated cost, and, if appropriate, the affected salmonid
species of each project. Each schedule shall be updated on
an annual
basis to depict new activities.
Sec. 5. RCW 75.46.080 and 1998 c
246 s 9 are each amended to read
as follows: (1) Representatives from the
conservation commission, the
department of transportation, {+ the interagency committee on outdoor
recreation, the department of ecology, +} and the department of
fish
and wildlife shall establish an interagency review team.
Except as
provided in subsection (({- (6) -})) {+ (7) +} of this section,
habitat
(({- restoration -})) project lists shall be submitted to the
interagency review team by January 1st (({- and July 1st -})) of
each
year beginning in 1999.
(2) If no lead entity has been formed
under RCW 75.46.060, the
interagency review team shall rank, prioritize, and dispense funds
for
habitat (({- restoration -})) projects by giving preference to
theprojects that:
(a) {+ Are based upon the limiting factors
analysis identified
under RCW 75.46.070;
(b) +} Provide a greater benefit to salmon
recovery {+ based upon
the information contained in the department of fish and wildlife
salmonid stock inventory and any comparable science-based assessment+};
(({- (b) -})) {+ (c) +} Will be implemented
in a more critical area
{+ based upon the stock status information contained in the department
of fish and wildlife salmonid stock inventory and any comparable
science-based assessment +};
(({- (c) -})) {+ (d) +} Are the most cost-effective;
(({- (d) -})) {+ (e) +} Have the greatest
matched, or in-kindfunding; and
(({- (e) -})) {+ (f) +} Will be implemented
by a sponsor with a
successful record of project implementation.
(3) If a lead entity established under
RCW 75.46.060 has been
formed, the interagency review team shall evaluate {+ the habitat
+}
project list(({- s and -})) {+ for funding based upon the criteria
contained in subsection (2) of this section. The interagency
review
team +} may remove, but not add, projects from a habitat project
list.
{+ The interagency review team shall give preference to projects
that
are on a project list submitted by a lead entity. The interagency
review team may also provide block grants to the lead entity subject
to
available funding. +}
(4) {+ The interagency review team shall
apply the criteria
established in subsection (2) of this section in a manner that
results
in the highest priority being given to critical fish stocks.
The
criteria shall be applied in this manner in areas where there is
a lead
entity established and in areas where no lead entity has beenestablished.
(5) +} The interagency review team shall
provide a summary of
funding for (({- habitat -})) restoration project lists to the
governor
and to the legislature by December 1st of each year.
(({- (5) -})) {+ (6) +} The interagency
review team may annually
establish a maximum amount of funding available for any individual
project, subject to available funding. The interagency review
team
shall attempt to assure a geographical balance in assigning priorities
to projects. (({- (6) -})) {+ (7) +} For
fiscal year 1998, the department of
fish and wildlife, the conservation commission, and the department
of
transportation may authorize, subject to appropriations, expenditures
for projects that have been developed to restore salmon habitat
before
completion of the project lists required in RCW 75.46.060(2).
(({- (7) Where a lead entity has been
established pursuant to RCW
75.46.060, the interagency review team may provide block grants
to the
lead entity, subject to available funding. -}))
Sec. 6. RCW 75.46.100 and 1998 c
246 s 11 are each amended to read
as follows:
The sea grant program at the University
of Washington is authorized
to provide technical assistance to volunteer groups and other project
sponsors in designing and (({- performing -})) {+ implementing
+}
habitat (({- restoration -})) projects that address the limiting
factors analysis (({- of regional habitat work plans -})) {+ required
under RCW 75.46.070 +}. The cost for such assistance may
be covered on
a fee-for-service basis.
Sec. 7. RCW 75.46.130 and 1998 c
246 s 17 are each amended to read
as follows:
Only those funds appropriated for the
habitat (({- restoration -}))
projects under this chapter are subject to the requirements of
RCW75.46.080.
{+ NEW SECTION. +} Sec. 8.
A new section is added to chapter
75.46 RCW to read as follows:
(1) For purposes of this chapter, the
system operations advisory
committee that was formed in 1981 as a result of a court decision
to
protect spring chinook redds, and whose responsibilities were broadened
to protect all species in the Yakima basin adjudication proceedings
of
Department of Ecology v. Acquavella, shall serve as the lead entity
for
the Yakima river basin.
(2) The lead entity established pursuant
to subsection (1) of this
section is responsible for establishing a committee under RCW 75.46.060
to compile the habitat project list and to designate the area to
be
covered by the list, and to forward the habitat project list to
the
interagency review team for review pursuant to RCW 75.46.080.
(3) The lead entity established pursuant
to subsection (1) of this
section is responsible for all duties and responsibilities assigned
to
lead entities under this chapter or otherwise.
{+ NEW SECTION. +} Sec. 9.
Section 8 of this act is necessary for
the immediate preservation of the public peace, health, or safety,
or
support of the state government and its existing public institutions,
and takes effect immediately.
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