H-2220              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 608

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State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Haugen, S. Wilson, McMullen and Lundquist)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to aquaculture; 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 aquaculture while insuring 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) "Aquaculture" means the culture or farming of food fish, shellfish, or other aquatic plants and animals, and for the purposes of this chapter includes commercial clam and geoduck harvesting.

          (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 fisheries.

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

          (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) Aquaculture proposals that hydraulically displace or disturb 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) Compliance with this requirement shall be met through presentation of documented evidence that verifies to the department's satisfaction that there has been compliance with protective controls.  Any on-site, noncommercial testing to support the presented documentation shall be limited in duration and distance.  All required base line studies shall be completed before any testing is allowed.

NEW SECTION. Sec. 4.     Aquaculture proposals or development shall not be allowed if they cause 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 act limits the authority of political subdivisions otherwise to regulate the activities regulated by this chapter.

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