H-2274              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 814

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Select Committee on Clean-up and Management of Puget Sound (originally sponsored by Representatives Unsoeld, Rust, Miller, Jacobsen, Holland, G. Nelson and Barnes)

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

AN ACT Relating to water quality; and adding a new chapter to Title 90 RCW.

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

NEW SECTION. Sec. 1.     In recognition of the fact that tidelands historically used for shellfish farming are threatened by nonpoint pollution sources that have been identified as resulting from agricultural grazing practices, failing septic drainfield systems, and stormwater runoff; in recognition of the fact that some of the historical and productive shellfish areas within the state already have been contaminated by these pollution sources and as a result may not be used for shellfish farming; and in recognition of the fact that shellfish harvesting both commercially and for home consumption is a way of life in many areas of the state, particularly in the Hood Canal, southern Puget Sound, and Willapa Bay regions, and has been so since before the days of statehood; the legislature hereby encourages all counties having tidelands used for the growing or harvesting of shellfish within their boundaries to immediately establish shellfish protection districts and programs designed to prevent any further degradation and contamination of shellfish growing areas.

NEW SECTION. Sec. 2.     For purposes of this chapter, "shellfish tidelands" means all saltwater tidelands on which shellfish are grown or harvested for human consumption.

NEW SECTION. Sec. 3.     The legislative authority of each county having shellfish tidelands within its boundaries is authorized to establish a shellfish protection district to include areas in which nonpoint pollution threatens the continuation of shellfish farming or harvesting.  The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program to be effective within the district.  This program may include any elements deemed appropriate to deal with the pollution threat, including, but not limited to, requiring the elimination or decrease of contaminants in stormwater runoff, monitoring programs to make sure that septic drainfield systems are adequately maintained and working properly and that animal grazing practices are appropriate, and educational programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution.

NEW SECTION. Sec. 4.     The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting.  The boundaries of the district shall be determined by the legislative authority.  The legislative authority may create more than one district.  A district may include any area within the county, whether incorporated or unincorporated.  The legislative authority may abolish a shellfish protection district on its own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.

NEW SECTION. Sec. 5.     County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish tidelands, especially in respect to shellfish farming areas located within the boundaries of more than one county.

NEW SECTION. Sec. 6.     Whenever a governmental entity makes a decision which addresses a matter in which there is a conflict between (1) on the one hand, a proposed development, proposed change in land use controls, or proposed change in the provision of utility services; and (2) on the other hand, the long-term use of an area for the growing or harvesting of shellfish, which area is within the boundaries of a shellfish protection district, then the governmental entity making the decision must consider specifically the long-term use of the area for the growing or harvesting of shellfish.  If the decision is not made in favor of the long-term use of the area for the growing or harvesting of shellfish, then the governmental entity must justify the decision in writing.  The justification shall include an analysis of the potential injuries to, and loss of property values on the part of, the owners of the shellfish lands or the rights to raise or harvest shellfish on the lands.  Unless restricted by the legislative authority, this section applies to areas within a shellfish protection district in which shellfish are grown or harvested for commercial or noncommercial purposes.

NEW SECTION. Sec. 7.     The county legislative authority establishing a shellfish protection district may finance the protection program through (1) its tax revenues, (2) inspection fees and similar fees or charges specified in its protection program, or (3) federal, state, or private grants.

NEW SECTION. Sec. 8.     This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and enforce programs or controls, within all or a portion of the county, to deal with nonpoint pollution.

NEW SECTION. Sec. 9.     Sections 1 through 8 of this act shall constitute a new chapter in Title 90 RCW.