BILL REQ. #:  S-1203.2 

Read first time 02/07/2005.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to marine fin fish aquaculture projects; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Marine fin fish aquaculture programs have raised fish in state waters for over thirty years and continue to provide an economic benefit to the state. The state's fin fish aquaculture sites produce upwards of twelve million pounds of farmed fish annually, worth approximately forty million dollars. According to a national atmospheric and oceanic administration sponsored mariculture study and a department of natural resources fin fish aquaculture study, the Strait of Juan de Fuca is a potential site for significant fin fish aquaculture activities. These studies, as well as the federal effluent limitations guidelines, provide information and standards that can assist in the development of a streamlined permitting process for fin fish aquaculture activities in the Strait of Juan de Fuca.
     The health and safety of the citizens, natural resources, and environment of Washington state are vital interests that must be protected to preserve the state's quality of life. Currently, however, fin fish aquaculture projects require businesses and governmental entities to process multiple permits. The existence of multiple permits and permitting agencies creates the potential for conflict, overlap, and duplication among the various state, local, and federal permitting and administrative appeals processes for fin fish aquaculture activities. Additionally, a lack of coordination in the processing of permit applications and administrative appeals may cause costly delays to applicants.
     Therefore, it is the intent of the legislature to streamline the permitting and administrative appeals processes for fin fish aquaculture projects in the Strait of Juan de Fuca by requiring permitting agencies to coordinate and develop a multiagency programmatic permitting process and a consolidated administrative appeals process.

NEW SECTION.  Sec. 2   (1) The fin fish aquaculture programmatic permitting work group is created in the office of regulatory assistance to streamline the permitting and administrative appeals processes for fin fish aquaculture projects in the Strait of Juan de Fuca.
     (2) The director of the office of financial management shall designate an employee of the office of regulatory assistance to coordinate the activities of the work group. The coordinator must have experience working with federal, state, and local agencies on permit streamlining projects.
     (3) The work group consists of one member designated by the director of the department of fish and wildlife, one member designated by the director of the department of ecology, and one member designated by the commissioner of public lands. The work group shall invite representatives from the following groups to participate as members:
     (a) One representative each from the county governments of Clallam and Jefferson counties;
     (b) One representative each from the United States Army Corps of Engineers and the United States Coast Guard; and
     (c) Two representatives of the fin fish aquaculture industry.
     (4) Each member designated to the work group, or invited to serve as a member, must have knowledge and experience with federal, state, or local permitting processes.
     (5) The office of regulatory assistance shall provide staff to the committee.
     (6) Members of the work group shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
     (7) The work group shall convene by June 1, 2005.

NEW SECTION.  Sec. 3   (1) The work group created in section 2 of this act shall develop and implement a multiagency programmatic approach to the permitting of fin fish aquaculture programs in the Strait of Juan de Fuca. The work group shall also develop and implement a consolidated administrative appeals process for these multiagency programmatic permits.
     (2) The work group shall develop these permitting and administrative appeals processes by:
     (a) Identifying federal, state, and local agencies responsible for permitting fin fish aquaculture program activities in the Strait of Juan de Fuca and analyzing the permitting and administrative appeals processes used by those agencies;
     (b) Identifying existing federal, state, and local environmental and other standards for fin fish aquaculture program activities in the Strait of Juan de Fuca and analyzing the application of those standards;
     (c) Identifying substantive and procedural duplications in the permitting and administrative appeals processes for fin fish aquaculture program activities in the Strait of Juan de Fuca and analyzing options for resolving those duplications;
     (d) Identifying opportunities for delegation of federal and local permitting authority to state agencies and exploring those possibilities with federal and local agencies; and
     (e) Employing environmental standards and best management practices that may be applied with certainty, consistency, and the assurance of swift permit action.
     (3) For the purposes of this section:
     (a) "Best management practices" means currently available and generally accepted techniques, including new technologies or strategies, that seek to reduce the negative impacts of fin fish aquaculture projects and promote more efficient and effective use of fin fish aquaculture facilities.
     (b) "Programmatic approach" means a permit or other action that covers a geographic or statewide area and applies to a variety of projects, activities, or locales. A programmatic approach may allow actions to proceed without individual approval by each permit decision-making agency.

NEW SECTION.  Sec. 4   The work group created in section 2 of this act shall provide a report to the legislature by December 31, 2005. The report must include:
     (1) A summary of the process the work group used to develop the multiagency programmatic approach to the permitting of fin fish aquaculture programs in the Strait of Juan de Fuca;
     (2) The multiagency programmatic permitting process developed by the work group;
     (3) A summary of the process the work group used to develop the consolidated administrative appeals process for fin fish aquaculture programs in the Strait of Juan de Fuca;
     (4) The consolidated administrative appeals process developed by the work group;
     (5) A summary of the process the work group used to implement the permitting and administrative appeals processes developed;
     (6) If the permitting and administrative appeals processes developed are not yet implemented, an explanation of the factors preventing implementation; and
     (7) If the permitting and administrative appeals processes developed are not yet implemented, recommendations for any legislation necessary for implementation.

NEW SECTION.  Sec. 5   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.