[atlas:bill]

AN ACT Relating to the regulation of marine fin fish aquaculture by the department of fish and wildlife; and adding a new chapter to Title 77 RCW.

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

NEW SECTION. Sec. 1. Marine aquaculture net pen facilities in Washington state have accidentally released Atlantic salmon into Puget Sound. Similar accidents in Canada have resulted in the successful spawning of Atlantic salmon in indigenous habitat. These events raise concern about the effect of escaped nonnative species on native fish stocks. It is necessary to minimize escapes through the implementation of statewide prevention measures.

NEW SECTION. Sec. 2. For the purposes of this chapter, "marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other fin fish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.

NEW SECTION. Sec. 3. The director, in cooperation with the marine fin fish aquatic farmers, shall develop, implement, administer, and enforce rules to include the following elements:

(1) Provisions for the prevention of escapes of cultured marine fin fish aquaculture products from enclosures, net pens, or other rearing vessels;

(2) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine fin fish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of these products;

(3) Provisions for the development of management practices based on the latest available science, to include:

(a) Procedures for inspections of marine aquatic farming locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of marine aquatic farming locations; and

(b) Operating procedures at marine aquatic farming locations to prevent the escape of marine fin fish, to include the use of net antifoulants;

(4) Provisions for the eradication of those cultured marine fin fish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels found spawning in state waters;

(5) Provisions for the determination of appropriate species, stocks, and races of marine fin fish aquaculture products allowed to be cultured at specific locations and sites;

(6) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured fin fish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and

(7) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner.

NEW SECTION. Sec. 4. Rules to implement this act shall be adopted by March 1, 2002. The director shall provide a written report to the legislature by January 1, 2002, on the progress of rule development.

NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute a new chapter in Title 77 RCW.