Skagit River System Cooperative, 2005. Skagit Chinook Recovery Plan: Appendix G: Excerpts from the Governor’s “Extinction is Not An Option”. Skagit River System Cooperative, La Conner, WA. pp. 2.

The Governor’s Extinction is not an Option document outlines the current state of environmental regulations concerning fish habitat and water quality on private agricultural lands in Washington State. It acknowledges the existence of several regulatory programs such as the Hydraulic Code, Water Resources Act, Dairy Nutrient Management law, Shorelines Management Act, state water quality standards, and local ordinances that impact agricultural activities. Despite these regulations, enforcement is limited, particularly in addressing nonpoint source pollution from agriculture, due to insufficient resources within agencies like the Department of Ecology and Department of Fish and Wildlife. To address these gaps, the document advocates for increasing staffing levels and grants to local governments to enhance enforcement capabilities. The legislature allocated some funding in 1999 under the “Early Action Plan” to support these efforts. The strategy emphasizes developing a credible nonpoint enforcement and compliance strategy and enforcing existing environmental laws, driven by concerns over federal sanctions under the Endangered Species Act (ESA) and Clean Water Act (CWA), as well as potential citizen lawsuits. The Statewide Strategy to Recover Salmon proposes a collaborative, incentive-based approach to salmon recovery, emphasizing “default actions” where no progress is evident in recovery efforts or performance measures are not met. Specifically for agriculture, if significant progress is not achieved within three years, the state may seek new authority to ensure salmon protection in agricultural areas. After three years of implementing the salmon strategy, an evaluation will assess the success of voluntary, incentive-based approaches in priority areas. Key considerations include measuring the success of conservation practices, evaluating the timeframe for full implementation, and assessing the cost-benefit ratio. For the agricultural strategy, two initial default triggers are identified: lack of support from agricultural leadership and failure of the NRCS MOU process to develop acceptable standards. If these triggers are met, regulatory options are considered, including: Implementing a comprehensive Agricultural Practices Act modeled after the Forest Practices Act to establish standards and best management practices. Requiring mandatory farm plans and state-approved conservation practices in ESA-listed areas or where CWA standards are not met. Developing a State Riparian Standards Act mandating state-approved riparian standards in targeted areas where voluntary efforts are insufficient. Utilizing the Growth Management Act and Shoreline Management Act to prompt local governments to adopt regulations aligned with NRCS standards, ensuring proactive administration of the Shoreline Management Act without seeking ESA relief for non-compliant counties. The document concludes that while regulatory options are on the table, a final decision on enforcement actions will be postponed until default becomes imminent. This approach aims to balance regulatory oversight with voluntary compliance while ensuring effective salmon recovery efforts in Washington State.