S-4263

AN ACT Relating to prevention and control of nonindigenous aquatic species; adding new sections to chapter 75.24 RCW; creating new sections; making appropriations; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The unauthorized introduction of the zebra mussel and the European green crab into Washington state waters would pose a serious economic and environmental threat. The zebra mussel and European green crab have adverse impacts on fisheries, waterways, public and private facilities, and the functioning of natural ecosystems. The threat of zebra mussels and European green crabs requires a coordinated response. It is the intent of the legislature to prevent adverse economic and environmental impacts caused by zebra mussels and European green crabs in cooperation and coordination with local governments, the public, other states, and federal agencies.

NEW SECTION. Sec. 2. A new section is added to chapter 75.24 RCW to read as follows:

To complement programs authorized by the federal aquatic nuisance species task force, the department of fish and wildlife is directed to develop draft rules for legislative consideration to prevent the introduction and dispersal of zebra mussels and European green crabs and to allow eradication of infestations that may occur. The department is authorized to display and distribute material and literature informing boaters and owners of airplanes that land on water of the problem and to publicize and maintain a telephone number available to the public to express concerns and report infestations.

NEW SECTION. Sec. 3. A new section is added to chapter 75.24 RCW to read as follows:

The department of fish and wildlife shall prepare, maintain, and publish a list of all lakes, ponds, or other waters of the state and other states infested with zebra mussels or European green crabs. The department may participate in regional or national groups addressing these species.

NEW SECTION. Sec. 4. The state shall develop a plan for controlling the introduction of zebra mussels and European green crabs. A zebra mussel and European green crab task force is created. The task force is chaired by the department of fish and wildlife.

The task force shall:

(1) Develop recommendations for legislative consideration including: (a) Control methods; (b) inspection procedures; (c) penalties; (d) notification procedures; and (e) eradication and control techniques.

(2) For each threat, identify the primary pathways of introduction, options for regulating each pathway, and if possible a recommended method of pathway control. These methods of control shall include details on what entity would be responsible for its implementation.

(3) For each recommended mechanism of pathway control, identify the estimated costs of implementing a state program, including ideas of funding sources.

(4) Provide recommendations for how to structure and fund a state program that monitors the detection and spread of these species.

When making recommendations, the task force shall emphasize working in a coordinated fashion with existing state, federal, and international programs.

The task force shall invite participation from all groups affected by the proposed pathway control measures, including representatives of aquaculture, recreational boating, seaplane operators, maritime cargo vessels, retail and wholesale aquariums, shellfish growers, marinas, and small boat harbors.

The department of fish and wildlife shall also seek the participation of the University of Washington, the department of ecology, the department of agriculture, the department of transportation, the department of natural resources, and the Washington state patrol. Appropriate federal interests shall also be invited to participate, including the United States coast guard, the United States department of agriculture and the United States fish and wildlife service.

The task force's final recommendations shall be provided to the legislature by December 1, 1998.

NEW SECTION. Sec. 5. The sum of five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of fish and wildlife to coordinate and support an interagency response team, provided solely to design a monitoring program, participate in regional coordination, conduct public education, and implement other provisions as required in chapter . . ., Laws of 1998 (this act) and this amount lapses if it is not applied to or needed for this purpose.

NEW SECTION. Sec. 6. The sum of forty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife to coordinate and support an interagency response team, provided solely to design a monitoring program, participate in regional coordination, conduct public education, and implement other provisions as required in chapter . . ., Laws of 1998 (this act) and this amount lapses if it is not applied to or needed for this purpose.

NEW SECTION. Sec. 7. Section 4 of this act expires January 1, 1999.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.