H-3731              _______________________________________________

                                                   HOUSE BILL NO. 1526

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives S. Wilson and Haugen

Read first time 1/17/86 and referred to Committee on Natural Resources.

AN ACT Relating to wildstock shellfish harvesting; and adding a new chapter to Title 75 RCW.

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

NEW SECTION. Sec. 1.     It is the intent of the legislature to promote wildstock shellfish harvesting while ensuring that the environment of the state's waters is protected and the population and quality of the state's fish and shellfish population is preserved.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter:

          (1) "Wildstock shellfish harvesting" means the taking of naturally propagated native, nonnative, or hybrid shellfish on the person's own land or land in which the person has a present right of possession.

          (2) "Dredging" means the removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, bay, or other water body.  Dredging includes any harvesting of natural resources by any mechanical or hydraulic means that involves substrate displacement or disturbance.

          (3) "Director" means the director of agriculture.

          (4) "Department" means the department of agriculture.

          (5) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local government.

          (6) "Extreme low tide" means the lowest line on the land reached by a receding tide.

          (7) "Intertidal" means the region between the extremes of high and low tide.

NEW SECTION. Sec. 3.     (1) Wildstock shellfish harvesting that hydraulically or mechanically displaces or disturbs substrate or bottom material shall not be allowed in intertidal estuarine areas unless such displaced or disturbed materials including, but not limited to, muck, silts, fines, nutrients, and chemical, organic, or other contaminants will be returned to the location from which they came in a manner such that they will not be resuspended or moved from that location by wind, current, wave, or tidal action.

          (2) The department may limit by rule hydraulic or mechanical substrate displacement or disturbance to ensure that the operator will return any displaced or disturbed materials in accordance with subsection (1) of this section.  Any on-site, noncommercial testing to verify the impact of hydraulic or mechanical displacement or disturbance shall be limited in duration and distance.  Any base line studies required by the department shall be completed before allowing any testing.

          (3) Wildstock shellfish harvesting shall not be permitted in areas where the substrate or bottom material contains more than fifteen percent fine sediment sixty-three microns in size or smaller.

NEW SECTION. Sec. 4.     Wildstock shellfish harvesting shall not be allowed if it causes or would cause, in intertidal areas, a significant decline in numbers of benthic organisms, other than those being harvested, or result in the long-term destruction of the habitat of colonies of benthic organisms.

NEW SECTION. Sec. 5.     Nothing in this chapter limits the authority of political subdivisions otherwise to regulate wildstock shellfish harvesting.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 75 RCW.