HOUSE BILL REPORT

HB 40

BYRepresentatives Haugen, Zellinsky, S. Wilson, Schmidt, Meyers, Cole, Brough, Fisch, J. Williams, Holland, P. King and Hargrove

Regulating raising fish in saltwater net pens.

House Committe on Natural Resources

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (11)

     Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Beck, Bumgarner, Hargrove, Haugen, Schmidt, C. Smith, Spanel, B. Williams and S. Wilson.

House Staff:Bill Koss (786-7129)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES MARCH 3, 1987

BACKGROUND:

Raising salmon to maturity in floating net pens began in 1969 at the National Marine Fisheries Service (NMFS) facility at Manchester.  Shortly after that, Domsea Farms began the first commercial operation at a facility adjacent to the NMFS.  Currently, nine facilities in Puget Sound commercially grow salmon.  Sixteen other facilities raise salmon for non-commercial purposes such as research and delayed release of salmon for open-water fishing.

Net pen aquaculture does not require a license from the state.  However, the operation must comply with permit requirements imposed at the federal, state and local levels.  These include Corps of Engineers' permits regarding placement of structures, Coast Guard approval of lighting for navigation, state certification regarding water quality, a hydraulics project approval from Fisheries, a lease from the Department of Natural Resources (DNR), and a locally issued permit showing consistency with the local Shorelines Management Plan.

In response to growing public concern, the DNR in 1986 adopted leasing guidelines that limit salmon net pen leases to two acres.  The guidelines will remain in effect until June 30, 1988, but may be rescinded when no longer necessary.  Currently, the Departments of Ecology, Fisheries, Agriculture, and Natural Resources have prepared a draft version of Interim Guidelines for Siting and Managing Salmon Net Pens in Puget Sound.  These agencies are currently seeking funding to prepare an Environmental Impact Statement on these guidelines.

SUMMARY:

SUBSTITUTE BILL:  In conjunction with the Departments of Fisheries, Agriculture, and Natural Resources, the Department of Ecology prepared Interim Guidelines for the Management of Salmon Net Pen culture in Puget Sound.  The Legislature finds these guidelines represent the best available information on net pen management in the absence of an Environmental Impact Statement (EIS) on raising salmon in net pens.

Operators of saltwater net pens shall comply with the Interim Guidelines, as implemented by any agency.  Local governments may apply provisions of the Guidelines by incorporating them into ordinances or condition permits based on information in the Guidelines.

Government agencies may only condition permits with information contained in the Guidelines when the Guidelines have a direct bearing on the permit.

Siting net pen aquaculture is a joint state and local government responsibility.  Local governments have special purview in siting aquaculture with respect to historical water uses, competing recreational and other marine uses, and any impact on adjacent shorelines and upland properties.

The Act expires when permanent rules for salmon net pen culture in Puget Sound are adopted on June 30, 1989, whichever comes earlier.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Initially, a salmon net pen operator was required to obtain a $500 operating license from the Department of Fisheries.  In addition, salmon net pen operators were required to obtain a site permit from the Department of Fisheries.  The site permit would consider size of operation, water depth, current velocity and proximity of habitats of special significance.  Violations were a misdemeanor.  Fisheries' employees could inspect a facility and identify remedial actions.

These provisions no longer apply.

Operators of saltwater net pens must comply with conditions described in the Interim Guidelines for the Management and Operation of Salmon Net Pens in Puget Sound.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Margaret Johnston, Saratoga Cove Foundation; Joe Miller, Save Our Shores; and Arthur Whiteley, Griffin Bay Preservation Committee.

House Committee - Testified Against: John Woodring and John Lindbergh, WA Fish Growers Assn.; and Mike Schwisow, Department of Agriculture.

House Committee - Testimony For:     Net pens cause pollution that may promote the spread of disease to oysters and to people who eat the larvae.  Antibiotics applied to the fish may cause surrounding organisms to develop immunities.  Chemicals used on the net pens are absorbed by the salmon and may be dangerous to people.  Net pens are large, unsightly, eye sores, located near residences.  Net pens should not be located where other uses of the water have historically taken place.

House Committee - Testimony Against: The bill undoes the progress made two years ago by ESB 3067 which ended regulation and licensing of aquaculture.  The bill would inhibit growth of the industry by complicating the permit process and duplicating the existing siting process.  Guidelines affecting siting are in place now through the Department of Natural Resources.  The growers are willing to comply with all local conditions and voluntarily comply now with the Interim Management Guidelines.  Claims made regarding the harmful effect of waste from salmon net pens are incorrect.  The visual impact of net pens is not as dramatic as the opponents claim.