S-1036.1
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SENATE BILL 5613
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State of Washington
56th Legislature
1999 Regular Session
By Senators Jacobsen and Fraser
Read first time 01/29/1999. Referred to Committee on Natural
Resources, Parks & Recreation.
AN ACT Relating to salmon recovery measures
and planning; amending
RCW 75.46.005 and 75.46.040; adding new sections to chapter 75.46
RCW;
and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 75.46.005 and 1998 c
246 s 1 are each amended to read
as follows: The legislature finds that
repeated attempts to improve salmonid
fish runs throughout the state of Washington have failed to avert
listings of salmon and steelhead runs as threatened or endangered
under
the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
These listings threaten the sport, commercial, and tribal fishing
industries as well as the economic well-being and vitality of vast
areas of the state. It is the intent of the legislature to
begin
activities required for the recovery of salmon stocks as soon as
possible, although the legislature understands that successful
recovery
efforts may not be realized for many years because of the life
cycle of
salmon and the complex array of natural and human-caused problems
theyface.
The legislature finds that it is in the
interest of the citizens of
the state of Washington for the state to retain primary responsibility
for managing the natural resources of the state, rather than abdicate
those responsibilities to the federal government{+ , and that the
state
may best accomplish this objective by integrating local and regional
recovery activities into a state-wide strategy that can make the
most
effective use of provisions of federal laws allowing for a state
lead
in salmon recovery +}. The legislature also finds that there
is a
substantial link between the provisions of the federal endangered
species act and the federal clean water act (33 U.S.C. Sec. 1251
et
seq.). The legislature further finds that habitat restoration
is a
vital component of salmon recovery efforts. Therefore, it
is the
intent of the legislature to specifically address salmon habitat
restoration in a coordinated manner and to develop a structure
that
allows for the coordinated delivery of federal, state, and local
assistance to communities for habitat projects that will assist
in the
recovery and enhancement of salmon stocks.
The legislature also finds that credible
scientific review and
oversight is essential for any salmon recovery effort to be successful.
The legislature therefore finds that a
coordinated framework for
responding to the salmon crisis is needed immediately. To
that end,
the salmon recovery office should be created within the governor's
office to provide overall coordination of the state's response;
an
independent science team is needed to provide scientific review
and
oversight; the appropriate local or tribal government should provide
local leadership in identifying and sequencing habitat restoration
projects to be funded by state agencies; habitat restoration projects
should be implemented without delay; and a strong locally based
effort
to restore salmon habitat should be established by providing a
framework to allow citizen volunteers to work effectively.
Sec. 2. RCW 75.46.040 and 1998 c
246 s 5 are each amended to read
as follows:
(1) The salmon recovery office is created
within the office of the
governor to coordinate state strategy to allow for salmon recovery
to
healthy sustainable population levels with productive commercial
and
recreational fisheries. The primary purpose of the office
is to
coordinate and assist in the development of salmon recovery plans
for
evolutionarily significant units, and {+ to +} submit those plans
to
the appropriate tribal governments and federal agencies (({- in
response to the federal endangered species act -})) {+ as an integral
part of a state-wide strategy developed consistent with the guiding
principles and procedures under section 3 of this act +}.
The
governor's salmon recovery office may also:
(a) Act as liaison to local governments,
the state congressional
delegation, the United States congress, federally recognized tribes,
and the federal executive branch agencies for issues related to
the
state's endangered species act salmon recovery plans; and
(b) Provide the biennial state of the
salmon report to the
legislature pursuant to RCW 75.46.030.
(2) This section expires June 30, 2006.
{+ NEW SECTION. +} Sec. 3.
A new section is added to chapter
75.46 RCW to read as follows:
(1) By September 1, 1999, the governor,
with the assistance of the
salmon recovery office, shall submit a state-wide salmon recovery
strategy to the appropriate federal agencies administering the
federal
endangered species act.
(2) The governor and the salmon recovery
office shall be guided by
the following considerations in developing the strategy:
(a) The strategy should identify state-wide
initiatives and
responsibilities with regional and local watershed initiatives
as the
principal mechanism for implementing the strategy;
(b) The strategy should emphasize collaborative,
incentive-based
approaches, which build upon a foundation of clear, enforceablestandards;
(c) The strategy should address all factors
limiting the recovery
of Washington's listed salmon stocks, including habitat and water
quality degradation, harvest and hatchery management, inadequate
streamflows, and other barriers to fish passage. Where other
limiting
factors are beyond the state's jurisidictional authorities to respond
to, such as some natural predators and high seas fishing, the strategy
shall include the state's requests for federal action to effectively
address these factors;
(d) The strategy should identify immediate
actions necessary to
prevent extinction of a listed salmon stock, establish performance
measures to determine if restoration efforts are working, require
effective monitoring and data management, and establish clear and
certain measures to be implemented if performance goals are not
met;
(e) The strategy shall be developed through
an active public
involvement process, including early and meaningful opportunity
for
public comment. In obtaining public comment, the salmon recovery
office shall hold public meetings throughout the state and shall
encourage regional and local recovery planning efforts to similarly
ensure an active public involvement process;
(f) The strategy shall rely on the best
scientific information
available and provide for incorporation of new information as it
isobtained;
(g) The strategy should seek a fair allocation
of the burdens and
costs upon economic and social sectors of the state whose activities
may contribute to limiting the recovery of salmon; and
(h) The strategy should include an element
addressing phased
relaxation of restrictions as salmon populations recover, and seek
clear measures and procedures from the appropriate federal agencies
for
removing Washington's salmon stocks from listing under the federal
act.
{+ NEW SECTION. +} Sec. 4.
A new section is added to chapter
75.46 RCW to read as follows:
RCW 75.46.040 and section 3 of this act
apply prospectively only
and not retroactively. Nothing in this section shall be construed
to
invalidate actions taken in recovery planning at the local, regional,
or state level prior to the effective date of this act.
{+ NEW SECTION. +} Sec. 5.
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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