BILL REQ. #:  S-1639.1 

Read first time 03/01/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to conservation of aquatic lands owned by the state; amending RCW 79.90.460; adding a new chapter to Title 79 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that the state's more than two million acres of state-owned aquatic lands are a valuable treasure belonging to all the citizens of the state, and support important recreational, navigational, commercial, industrial, residential, fisheries harvest, and other uses that benefit the entire state. The legislature further finds that there are specific limited areas of these lands that possess unique or significant characteristics making them most valuable for maintaining their relatively undeveloped condition and continuing to support important natural ecosystem functions.
     It is therefore the purpose of this chapter to establish a system of reserves of state-owned aquatic lands and a means whereby the long-term conservation of these lands can be accomplished.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Aquatic lands" means shorelands, tidelands, and bedlands.
     (2) "Aquatic reserves" means those areas of aquatic lands designated pursuant to section 3 of this act.

NEW SECTION.  Sec. 3   (1) There is created the state aquatic reserve system. The aquatic reserve system consists of those reserves designated by the legislature in section 4 of this act, and such additional reserves as the commissioner designates by order. Reserves may only encompass state-owned tidelands and bedlands, except that a reserve may include tidelands or shorelands contiguous to state aquatic lands where the owner provides written permission for inclusion of such lands and states an intent to sell or donate the lands to the state in the future.
     (2) The commissioner may designate additional reserves by order upon determining that the lands for inclusion in the system meet one or more of the following characteristics:
     (a) The lands have been identified as having high priority for conservation, natural systems, wildlife, and low-impact public use values;
     (b) The lands have flora, fauna, geological, recreational, archeological, cultural, scenic, or similar features of critical importance and has retained to some degree or reestablished its natural character;
     (c) The lands provide significant examples of native ecological communities; and
     (d) The lands have significant sites or features threatened with conversion to incompatible uses.
     (3) Prior to adopting an order designating an aquatic reserve, the department shall hold a public hearing in the county where the majority of the aquatic lands in the proposed reserve is located.

NEW SECTION.  Sec. 4   The legislature designates the following areas as aquatic reserves to be managed as required under this chapter:
     (1) Certain aquatic lands consisting of tidelands and bedlands, surrounding Maury Island and including Quartermaster Harbor in King county, as described in this subsection:
     The tidelands and bedlands of navigable waters, owned by the state of Washington, described as follows:
     Those tidelands and bedlands surrounding Maury Island, which are fronting and abutting Section 14, Sections 20-23, inclusively, and Sections 28-32, inclusively, Township 22 North, Range 3 East, W.M.;
     Together with, those tidelands and bedlands lying westerly of said Maury Island which are fronting and abutting only those portions of Sections 9 and 16, which are fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.;
     Together with, those tidelands and bedlands lying southerly of said Maury Island, which are fronting and abutting Sections 5 and 6, Township 21 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;
     Those tidelands and bedlands lying southerly and easterly of Vashon Island, which are fronting and abutting Section 1, Township 21 North, Range 2 East, W.M.;
     Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 24, 25, and 36, Township 22 North, Range 2 East, W.M.;
     Together with, those tidelands and bedlands lying easterly of said Vashon Island, which are fronting and abutting Sections 17-20, inclusively, Township 22 North, Range 3 East, W.M.;
     Together with, those tidelands and bedlands lying southerly westerly of said Vashon Island, which are fronting and abutting only those portions of Sections 8, which is fronting on Quartermaster Harbor, Township 22 North, Range 3 East, W.M.; and said reserve extends waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;
     Subject to, department of natural resources use authorizations 51-021507, 51-027510, 51-033836, 51-CR0207, 51-CR0706, 51-CR0707, 51-CR1771, 20-009814, 20-A11434, 20-012741, and 20-010075.
     Situated in King county, Washington.
     (2) Certain aquatic lands consisting of tidelands and bedlands adjacent to Cherry Point in Whatcom county described in this subsection:
     That portion of the tidelands and bedlands of navigable waters owned by the state of Washington, fronting and abutting Sections 2, 11, 13, 14, and 24, Township 39 North, Range 1 West, Willamette Meridian and fronting and abutting Sections 19, 20, 29 and 32, Township 39 North, Range 1 East, Willamette Meridian described as follows:
     Lying south of the south line of government lot 1, of said Section 2, Township 39 North, Range 1 West, W.M. being the south line of Birch Bay State Park; and lying north of the south line of Township 39 North, Range 1 East; and extending waterward to a line which is 70 feet below mean lower low water or 0.5 mile beyond extreme low tide, whichever line is further waterward;
     Excepting therefrom, the following use authorizations issued by the department of natural resources: Lease application numbers 20-A09122, 20-A11714, 20-A08488, 20-013265 and 20-010521;
     Also excepting therefrom, any second class tidelands previously sold by the state of Washington.
     Situated in Whatcom county, Washington.
     (3) Certain aquatic lands consisting of tidelands and bedlands within Fidalgo Bay in Skagit county, described in this subsection:
     That portion of the harbor area, waterways, and beds of navigable water in Fidalgo Bay owned by the state of Washington located within Section 5, Township 34 North, Range 2 East, W.M. and within Sections 29, 30, and 32, Township 35 North, Range 2 East, W.M. and further described as follows:
     That portion of Fidalgo Bay lying southerly of a line beginning at the northeast corner of Tract No. 10 as shown on Plate 11 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, and said line extended easterly to terminate at the meander corner between government lots 2 and 3 of Section 29, Township 35 North, Range 2 East, W.M.;
     Excepting therefrom, that portion of the southerly end of the West Arm of Fidalgo Waterway which was vacated by Waterway Vacation No. 101 according to the Commissioner's Order dated April 29, 1959, for Primary State Highway No. 1 (State Route 20);
     Also excepting therefrom, that portion of the southerly end of the East Arm of Fidalgo Waterway granted to the Department of Highways as shown on State Road Plat No. 941 dated January 18, 1961, for Primary State Highway No. 1 (State Route 20);
     Also excepting therefrom, that 100 foot right of way for railroad purposes across said Fidalgo Waterway granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;
     Together with, those first class tidelands conveyed to the state of Washington according to the Statutory Warranty deed recorded on December 20, 1999, recorded under Auditor's File No. 199912200133, Skagit County Auditor's records and further described as follows:
     Tracts 4, 5, 6, 7, 8, 9, and 10 of Plate 13; Tracts 8, 9, 10, 11, 12, 13, 14, and 15 of Plate 12; that portion of Tracts 16 and 17 of said Plate 12 and lying southerly of the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26; said tracts and plates are according to of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893;
     Excepting therefrom, that portion of said first class tidelands, if any, conveyed to the state of Washington for Primary State Highway No. 1, Jct. S.S.H. No. 1-D (State Route 20) by deed recorded October 15, 1956, under Skagit County Auditor's file No. 542873; by deed recorded January 3, 1958, under Skagit County Auditor's file No. 560284; and by deed recorded February 7, 1961, under Skagit County Auditor's file No. 603915;
     Also excepting therefrom, that 100 foot right of way for railroad purposes across said first class tidelands granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;
     Together with, those second class tidelands conveyed to the state of Washington according to the Statutory Warranty deed recorded on December 20, 1999, recorded under Auditor's File No. 199912200133, Skagit County Auditor's records and further described as follows:
     All tidelands of the second class lying between the line of mean high tide and the line of extreme low tide, situated in front of and adjacent to, or abutting government lots 5 and 6, Section 32, Township 35 North, Range 2 East, W.M. and government lot 4, Section 4, Township 34 North, Range 2 East, W.M.;
     Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the said second class tidelands situated in front of and adjacent to, or abutting government lots 5 and 6, Section 32, Township 35 North, Range 2 East, W.M. and government lot 4, Section 4, Township 34 North, Range 2 East, W.M.; and lying easterly of said east line of the East Arm of the Fidalgo Waterway;
     Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the second class tidelands situated in front of and adjacent to, or abutting government lot 7, Section 32, Township 35 North, Range 2 East, W.M. and lying easterly of the east line of said Fidalgo Waterway and the said east line of the East Arm of Fidalgo Waterway;
     Excepting therefrom, that 100 foot right of way for railroad purposes across said bedlands, if any, granted to the Seattle and Montana Railroad Company by decree filed March 2, 1904, according to Condemnation file No. A26;
     Together with, second class tidelands and bedlands, if any, lying northerly of the north lateral sideline of said second class tidelands in front of and adjacent to, or abutting government lot 7, Township 35 North, Range 2 East, W.M. and lying southerly of the south line of Tract No. 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893;
     Together with, those bedlands, if any, lying westerly of the line of extreme low tide fronting and abutting the second class tidelands situated in front of and adjacent to, or abutting government lots 2, 3 and 4, Section 29, Township 35 North, Range 2 East, W.M. and the north 10.19 lineal chains along the meander line of government lot 8, Section 32, Township 35 North, Range 2 East, W.M. and lying easterly of the inner harbor line of the easterly most harbor area within Fidalgo Bay as shown on the Map of Anacortes Harbor as filed by the Harbor Line Commission dated 1892;
     Excepting therefrom, those bedlands, if any, of said Tract 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, as conveyed by the state of Washington according to the deed dated April 17, 1908, within Volume 8 of Tide Land Deeds, page 370 on file in the office of the commissioner of public lands;
     Also excepting therefrom, those bedlands, if any, of Fidalgo Bay lying southerly of said line beginning at the northeast corner of Tract No. 10 as shown on Plate 11 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, and said line extended easterly to terminate at the meander corner between government lots 2 and 3 of Section 29, Township 35 North, Range 2 East, W.M.;
     Also excepting therefrom, tidelands of the first class of said Tract 2 as shown on Plate 12 of the Tide and Shore Lands of Anacortes Harbor as filed by the Tideland Appraisers dated May 1, 1893, as conveyed by the state of Washington according to the deed dated April 17, 1908 within Volume 8 of Tide Land Deeds, page 370 on file in the office of the commissioner of public lands;
     Also excepting therefrom, tidelands of the second class, if any, extending from mean high tide to extreme low tide as conveyed by the state of Washington in deeds recorded in Volume 88 of Deeds, page 513 on May 21, 1912, and in Volume 102 of Deeds, page 550 on April 25, 1916, of Skagit County Auditor records, situate in front of and adjacent to or abutting upon that portion of the government meander line described as follows:
     Beginning at the northeast corner of Government Lot 1, Section 5, Township 34 North, Range 2 East, W.M.; thence South 28̊ West, 7.50 chains (495.00 feet); thence South 47̊ West, 17.50 chains (1155.00 feet) to the terminal point of this description.
     Except that portion, if any, lying outside of the bounds of Tract 3, Plate No. 13, Tide and Shore Lands in Section 5, Township 34 North, Range 2 East, W.M., Anacortes Harbor as per the recorded plat thereof on file in the office of the commissioner of public lands, Olympia, WA.
     Also excepting that portion conveyed to the state of Washington for Primary State Highway No. 1, Jct. S.S.H. No. 1-D (State Route 20) by deed recorded January 10, 1961, under Skagit County Auditor's file No. 602917.
     Situated in Skagit county, Washington.
     (4) Certain aquatic lands, consisting of tidelands and bedlands surrounding Cypress in Skagit county described in this subsection:
     The tidelands and bedlands of navigable waters, owned by the state of Washington, department of natural resources, lying in front of and surrounding Cypress Island, Strawberry Island (a.k.a. Loon Island), and Cone Islands No.1, No.2 & No.3 (according to the official U.S. government survey approved 1933) and said islands are located within Sections 4, 5, 6, and 8, Township 35 North, Range 1 East, W.M. and Sections 17-22, inclusively, and Sections 27-34, inclusively, Township 36 North, Range 1 East; W.M., and extending waterward to a water depth of 70 feet below mean lower low water or one-half mile from the line of extreme low tide, whichever line is further waterward;
     Subject to department of natural resources use authorizations 20-11458, 20-10667, 20-10827, 20-A12517, and 51-33711.
     Situated in Skagit county, Washington.

NEW SECTION.  Sec. 5   (1) Except as otherwise provided in section 6 of this act, the department shall manage aquatic reserves primarily for the achievement of the following goals as applicable to each reserve:
     (a) To conserve native habitats and associated plant and wildlife species, with a special emphasis upon forage fish, salmonids, and migratory birds;
     (b) To protect and restore the functions and natural processes of nearshore ecosystems in support of the natural resources of the reserve;
     (c) To promote stewardship of riparian and aquatic habitats and species by providing education and outreach opportunities and promoting coordination with other resource managers; and
     (d) To provide for low-impact public uses including recreation uses and improvements that do not adversely affect the resource values, are appropriate to the maintenance of the lands in a relatively unmodified natural setting, and do not detract from long-term ecological processes.
     (2) The department shall develop a management plan for each aquatic reserve, and may incorporate any existing management plans or policies previously adopted for such lands where consistent with the management guidance of this section and section 6 of this act. The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public uses. The plan must specify what types of management activities and public uses are permitted, consistent with the conservation purposes of this chapter. The department shall make such plans available for review and comment by the public and other state, tribal, and local agencies, prior to final approval by the commissioner.

NEW SECTION.  Sec. 6   (1) Prior to July 1, 2009, the department shall not authorize any portion of the reserve lands designated in section 4 of this act for industrial uses or for transportation of materials from mining or other industrial activities, and shall not authorize the construction of docks or other improvement associated with such uses.
     (2) The department shall develop proposed policies and management criteria for the authorization of industrial uses or associated transportation activities and improvements on aquatic reserves, to ensure consistency with the goals and objectives of this chapter. The department shall provide a report summarizing its review and proposals to the appropriate committees of the senate and house of representatives by December 31, 2008.

Sec. 7   RCW 79.90.460 and 1984 c 221 s 3 are each amended to read as follows:
     (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, water-borne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.
     (2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.
     (3) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use. The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values.
     (4) The power to lease state-owned aquatic lands is vested in the department ((of natural resources)), which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.90 through 79.96 RCW. Leases of state-owned aquatic lands designated within the aquatic reserve system under chapter 79.-- RCW (sections 1 through 6 of this act) must conform with the management criteria expressed in that chapter.
     (5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or physical or mental handicap.

NEW SECTION.  Sec. 8   Sections 1 through 6 of this act constitute a new chapter in Title 79 RCW.

NEW SECTION.  Sec. 9   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.