BILL REQ. #:  S-2133.2 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to geoducks; and adding a new section to chapter 79.96 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79.96 RCW to read as follows:
     (1) By January 1, 2004, the department and the department of fish and wildlife shall initiate an agreement with the geoduck harvesters association for an initial term of ten years, with the option of an additional term of ten years, for implementation of a joint research project in coordination with federally recognized treaty tribes to examine the geoduck aquaculture industry in the state of Washington. The agreement and the research project may be terminated if any party fails to perform.
     (2) The geoduck aquaculture research project must use scientific methods to determine sustainability of geoduck aquaculture and assess potential impacts to the aquatic ecosystem.
     (3) The department shall provide the use of state-owned aquatic lands for the geoduck aquaculture research project and shall determine jointly with the association the project design. The association shall provide geoduck clam seed, materials, and labor. A jointly agreed upon percentage of revenue from harvest of geoduck clams in the course of the project must be paid to the department.
     (a) The department shall designate no fewer than five areas of aquatic lands owned by the state on which to implement the geoduck aquaculture research project. The department, in cooperation with the association, shall determine the size and location of the areas, which shall comprise approximately fifty acres.
     (b) Harvest of any naturally occurring geoduck clams from the areas designated for the geoduck aquaculture research project is subject to tribal treaty fishing rights. Efforts must be made to identify areas with density of geoduck clams below the level at which a natural bed determination must be made pursuant to applicable federal court order.
     (4) At the end of the first year of the geoduck aquaculture research project and each year thereafter, the department shall provide a progress report on the project to the standing legislative committees with jurisdiction. The second report and all subsequent reports must include an assessment of geoduck aquaculture, its impact on the aquatic ecosystem, and recommendations regarding continuation or expansion of the research project. Each report must include the perspective of the association.