CERTIFICATION OF ENROLLMENT

 

               SECOND SUBSTITUTE HOUSE BILL 1499

 

 

                    Chapter 86, Laws of 2001

 

 

                        57th Legislature

                2001 Regular Legislative Session

 

 

MARINE FIN FISH AQUACULTURE

 

 

 

                    EFFECTIVE DATE:  7/22/01

Passed by the House March 12, 2001

  Yeas 94   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 6, 2001

  Yeas 46   Nays 0

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1499  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved April 19, 2001 Place Style On Codes above, and Style Off Codes below.                

                                FILED                

 

           April 19, 2001 - 4:51 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                 SECOND SUBSTITUTE HOUSE BILL 1499

          _______________________________________________

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Jackley, Buck, Rockefeller, Eickmeyer, Sump, Doumit, Pennington and Dunn)

 

Read first time 03/08/2001.  Referred to Committee on .

Regulating marine fin fish aquaculture.  


    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.  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 proposed rules for the implementation, administration, and enforcement of marine fin fish aquaculture programs.  In developing such proposed rules, the director must use a negotiated rule-making process pursuant to RCW 34.05.310.  The proposed rules shall be submitted to the appropriate legislative committees by January 1, 2002, to allow for legislative review of the proposed rules.  The proposed rules shall 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 no sooner than thirty days following the end of the 2002 regular legislative session.  The director shall provide a written report to the appropriate legislative committees by January 1, 2003, on the progress of the program.

 

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


    Passed the House March 12, 2001.

    Passed the Senate April 6, 2001.

Approved by the Governor April 19, 2001.

    Filed in Office of Secretary of State April 19, 2001.