Good Afternoon! I am Dr. Jeff Koenings and I am pleased to be the Director of the Washington Department of Fish and Wildlife.

The agenda of today's discussion appears to mirror that of the larger real world. Why? Because the first group of speakers is from the business and agricultural interests and the last panel of speakers are the environmentalists. This government panel is in the middle and that is where we as governmental agencies with regulatory responsibilities often find ourselves in the real world. Stuck between a rock and a hard place.

Compared to the speakers before me I am a relatively new comer to the issues here in the State of Washington as I am in my fourth year as director. However, in other terms I am an old timer because among the 14 western states, I am one of the longer tenured directors. That having been said---I have one of the higher ranks but I am not the rankest!

Seriously, why is that? One of the reasons is being in the middle of various issues and having to make many the "right" decisions. These decisions are tough when trying to create the right balance or mix of solutions to issues people feel passionate about.

In some respects I am trying to generate a little sympathy for being "in the middle" rather than the usual angst about government.

The issue we are discussing this afternoon is the Endangered Species Act and often that conversation turns to the 4 H's-harvest, hatcheries, hydropower and habitat.

My agency, along with the tribes, has primary regulatory responsibility to co-manage the harvest and hatchery H's. In both arenas, the department and tribes have to go through the same ESA "knothole" that everybody else has to. We are no different, the ESA standards are the same.

• The co-managers have to submit fishery evaluation management plans to the NMFS for ESA permits, e.g., 4(d) and section 7, to conduct fisheries.
• The co-managers have to submit hatchery genetic management plans to the NMFS for the continued operation of the hatchery system. Many recognize that hatcheries were built to augment declining fisheries, but what isn't remembered decades later is the fact that fisheries declined because of land use decisions that permanently removed fish producing habitats e.g., dam construction. About 85% of the fish WDFW produces are to replace salmon from those lost habitats.

The department is also involved in the license renewal of many hydroelectric facilities. This lengthy process operates under the Federal Energy Regulatory Commission and involves many of the stakeholder interests. We have to be closely involved since a renewed license to operate can last up 50 years so we have to get it right. In some aspects these license renewals are akin to Habitat Conservation Plans or HCPs since they also can last from 30 to 50 years.

Lastly, the department does have a regulatory role in the habitat H and that deals with our Hydraulic Project Approval or HPA program.

The department continues to aggressively streamline the HPA process to ensure proper protection for fish and their habitat, while meeting statutory requirements at a time of tremendous population growth in the state. More people means more construction which is of some interest to you and me as that activity can affect habitats.

Current streamlining measures are helping the department to work more efficiently in processing the 6,000 HPA applications it receives annually. Besides those HPA applications, the department also receives about 2,000 requests per year for pre-application review and assistance or post-permit monitoring and technical assistance.

This is the language---

"In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department as to the adequacy of the means proposed for the protection of fish life."

The department must act within 45 days after the application is received to either issue or deny the HPA, but the processing time is reduced to 15 days for situations of an emergency nature.

What are some examples of streamlining the HPA process?

• The Forest and Fish agreement has a provision for the department to sit on the Forest Practices Board-which we think is a good thing. It also provides for the department to streamline the HPA process relative to forest or logging practices.
• As part of a multi-agency effort, the department is dedicating 3 staff members to develop and implement permit streamlining for transportation projects. This is of course the TPEAC process Senator Swecker just outlined for you.
• The department has developed pamphlet and general permits to cover a broad range of routine activities. These general permits protect habitat for fish, while expediting activities such as bridge scour, mineral prospecting and aquatic weed control.
• The department also assigns specific biologists to handle major projects. For example, the Department of Transportation funds liaison positions at my department to focus solely on transportation projects, resulting in more consistent review and quicker processing for HPAs for transportation.

Thank you for the opportunity to speak on behalf of the Department of Fish and Wildlife