AN ACT Relating to shellfish; adding a new chapter to Title 90 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the protection of commercial and recreational shellfish areas is in the public interest and that state and local actions are necessary to preserve this valuable resource.

NEW SECTION. Sec. 2. (1) For purposes of this chapter, the department of ecology is directed to conduct reviews and assessments of commercial and recreational shellfish areas and designate the boundaries of each of these significant areas:

(a) Closed but correctable;

(b) High threat; or

(2) These designations shall not conflict with chapter 69.30 RCW regarding certification of commercial growing areas by the department of social and health services. As appropriate, the department of social and health services, local health authorities, department of game, department of natural resources, department of agriculture, and department of fisheries shall assist the department of ecology in assessing shellfish areas, developing minimum standards, and providing recommendations for shellfish protection.

(3) The department of ecology shall work cooperatively with local governments and local residents within these shellfish basin areas to prepare plans, policies, and programs to prevent contamination of shellfish that are deemed fit for human consumption and to provide strategies to restore to an acceptable status those shellfish resources not fit for human consumption and located in designated areas. These cooperative efforts shall stress public education as the first priority and encourage voluntary compliance wherever possible.

(4) The department of ecology shall notify affected jurisdictions and private parties as soon as the shellfish areas have been designated and boundaries established and whenever such designations or boundaries are changed. Landfills adjacent to or within the drainage basin of a designated shellfish area shall be included within the boundaries established pursuant to this chapter. Public access to significant records leading to and justifying the designation shall be available in a local public building, including reports by the department of social and health services and local health authorities.

(5) The department of ecology shall periodically review and update the designations and boundaries as appropriate.

NEW SECTION. Sec. 3. The department of ecology and local governments are directed to work with affected residents and property owners to prepare and adopt action plans and regulations to reduce or eliminate adverse impacts on shellfish resources. Plans shall provide for:

(1) Water quality and sanitary surveys;

(2) Basin land use and drainage policies;

(3) Public involvement and education, including the establishment of local citizen advisory committees;

(4) Local conservation district participation;

(5) Pollution prevention activities;

(6) Pollution clean-up efforts;

(7) A budget and financing outline; and

(8) Department of ecology technical assistance.

NEW SECTION. Sec. 4. (1) Within one hundred eighty days after the effective date of this act, the department of ecology shall adopt minimum standards for the protection of shellfish resources and for the action plans to be prepared by local governments.

Local governments shall prepare and adopt plans within one year after the department of ecology's adoption of minimum standards and designation of significant areas as provided in section 2 of this act. The department of ecology shall provide funds to local governments for this purpose.

(2) Following local adoption, action plans shall be submitted to the department of ecology for approval. No moneys appropriated to the department of ecology shall be made available to local governments for implementation of the action plans until such plans have been approved by the department of ecology.

(3) State financial resources appropriated for purposes of this chapter, other than funds needed for assessment purposes, shall be targeted to those areas that have been designated as significant areas and that provide the greatest possible number of shellfish available for harvest per state dollar spent for protective measures.

(4) Minimum standards adopted by the department of ecology and local action plans may include requirements for financial participation by local government and by private parties that are direct beneficiaries of this section or are a direct cause of identified pollution problems that threaten the shellfish resource. Action plans shall seek to minimize the potential financial burdens imposed on private property owners resulting from the implementation of this section.

(5) Designation by the department of ecology of significant areas as provided in section 2 of this act may be appealed to the shorelines hearings board by any aggrieved person.

NEW SECTION. Sec. 5. It is hereby declared to be of high priority that projects for the Washington conservation corps personnel in counties adjacent to Puget Sound be devoted to efforts to clean up and prevent the pollution of Puget Sound and waters entering Puget Sound and to the protection of sensitive shellfish areas.

NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill number, is not provided in the omnibus appropriations act for the fiscal year beginning July 1, 1985, this act shall be null and void.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 90 RCW.