Title: An act relating to preventing and controlling aquatic invasive species and algae.

Brief Description: Preventing and controlling aquatic invasive species and algae.

Sponsors: Representatives Buck and B. Sullivan.

Brief History:

Natural Resources, Ecology & Parks: 2/8/05, 2/18/05 [DP];

Appropriations: 3/2/05, 3/5/05 [DPS].

HOUSE COMMITTEE ON NATURAL RESOURCES, ECOLOGY & PARKS

Majority Report: Do pass. Signed by 10 members: Representatives B. Sullivan, Chair; Upthegrove, Vice Chair; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake, DeBolt, Dickerson, Eickmeyer, Orcutt and Williams.

Staff: Jeff Olsen (786-7157).

Background:

Aquatic nuisance species, such as zebra mussels, European green crab, Chinese mitten crab, spartina, and hydrilla, can threaten the ecological integrity of Washington's marine and freshwater resources. The Washington Department of Fish and Wildlife (WDFW) has authority to manage aquatic nuisance species and is charged with tracking and proposing solutions to manage these species.

The 2000 Washington Legislature created the Aquatic Nuisance Species Committee (Committee) and charged it with fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. Legislation in 2002 directed the WDFW to create a rapid response plan in cooperation with the Aquatic Nuisance Species Committee and other state agencies involved in invasive species management. The Director of the WDFW and the Chief of the Washington State Patrol were directed to develop a plan to inspect watercraft entering the state to prevent the introduction of invasive aquatic species.

Certain recreational vessels are required to obtain a vessel registration from the Department of Licensing for a $10.50 annual fee. In addition to the registration fee, an additional $2 is collected annually and deposited in the derelict vessel removal account.

A boat trailer is subject to a $30 annual vehicle license fee. In addition to the license fee, there is a $3 additional charge that is directed to the Freshwater Aquatic Weeds Account. Funds in the Freshwater Aquatic Weeds Account may be appropriated to the Department of Ecology, with two-thirds of the funds to be issued as grants to local governments and tribes to prevent, remove, or manage freshwater aquatic weeds.

Summary of Bill:

Vessel registration fees are increased $3, increasing the annual total vessel registration and additional fees from $12.50 to $15.50. Of the additional $3 fee, $1.50 is deposited in the newly created Aquatic Invasive Species Prevention Account, $1 is deposited in the newly created Freshwater Aquatic Algae Control Account, and 50 cents is deposited in the Aquatic Invasive Species Enforcement Account.

The Aquatic Invasive Species Prevention Account may be appropriated to the WDFW to develop an Aquatic Invasive Species Prevention Program for recreational watercraft. Funds from the account must be expended as follows:
   1.   to inspect watercraft, watercraft trailers, and outboard motors at selected boat       launching sites;
   2.   to educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
   3.   to evaluate and survey the risk posed by marine recreational watercraft in spreading aquatic invasive species into Washington waters;
   4.   to evaluate the risk posed by float planes in spreading aquatic invasive species into Washington waters; and
   5.    to implement an aquatic invasive species early detection and rapid response plan.

The WDFW must provide training to Washington State Patrol (WSP) employees working at port of entry weigh stations on how to inspect recreational watercraft for the presence of zebra mussels and other aquatic invasive species. The WDFW must also work cooperatively with the WSP to set up random check stations to inspect watercraft at areas of high boating activity.

The Freshwater Aquatic Algae Control Account may be appropriated to the Department of Ecology to develop a Freshwater Aquatic Algae Control Program. Moneys may be used for grants to cities, counties, tribes, special purpose districts, and state agencies to manage excessive freshwater algae. Moneys may also be used to provide technical assistance to applicants and the public aquatic algae control.

The Aquatic Invasive Species Enforcement Account may be appropriated to the WSP to develop an Aquatic Invasive Species Enforcement Program for recreational watercraft. Funds from the account must be expended to inspect recreational watercraft that are required to stop at port of entry weigh stations managed by the WSP. The watercraft must be inspected for the presence of zebra mussels and other aquatic invasive species. In addition, funds may be used to establish random check stations, in conjunction with the WDFW, to inspect watercraft in areas of high boating activity.

The WDFW and the WSP shall submit a biennial report to the appropriate legislative committees by December 1, 2007, describing the actions taken along with suggestions for improvements.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: Invasive species are a serious concern and may disrupt the economy and the environment. Some invasive species, such as zebra mussels, have the potential to disrupt the Columbia River hydropower system. Washington has many tourists that bring boats from out-of-state that present a risk to our marine and freshwater ecosystems. Recreational boats are one pathway for invasive species to enter Washington. Some species may live for 30 days or longer in a recreational boat. The WDFW trains staff from the WSP to look for zebra mussels and other invasive species. Fee increases are necessary to establish prevention programs to protect Washington waters. Surveys of Washington boaters showed that 75 percent were willing to pay a fee to support invasive species prevention programs. Prevention is much cheaper than responding to a threat once an invasive species is established.

Testimony Against: None.

Persons Testifying: Representative Buck, prime sponsor; Jerry Joyce, Seattle Audubon; Fred Felleman, Ocean Advocated; Melodie Selby, Washington Department of Ecology; Fred Menair, Department of Natural Resources; and Cliff Webster, Northwest Marine Trade Association.

Persons Signed In To Testify But Not Testifying: None.

HOUSE COMMITTEE ON APPROPRIATIONS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 29 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Armstrong, Bailey, Buri, Clements, Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hinkle, Hunter, Kagi, Kenney, Kessler, Linville, McDermott, McIntire, Miloscia, Pearson, Priest, Schual-Berke, Talcott and Walsh.

Staff: Alicia Paatsch (786-7178).

Summary of Recommendation of Committee On Appropriations Compared to Recommendation of Committee On Natural Resources, Ecology & Parks:

Grant funding that is provided for the management of freshwater aquatic algae is prioritized to lakes that have experienced harmful algal blooms within the past three years.

Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: Washington State Patrol already has some officers that are trained to identify zebra mussels and the intent of this bill is to add to the number of officers that are trained in coordination with the Department of Fish and Wildlife (F&W), and to assist in adding to the number of check points. Some of the funds will go to F&W and will support one employee that will work with counties and other enforcement agencies to train them to identify invasive species. Two of the three boats that were found to have zebra mussels had live zebra mussels.

Testimony Against: None.

Persons Testifying: Captain Fred Fakkema, Washington State Patrol.

Persons Signed In To Testify But Not Testifying: None.