BILL REQ. #:  S-4611.3 

READ FIRST TIME 02/02/06.   

     AN ACT Relating to promoting underwater viewing; amending RCW 43.330.090, 77.12.065, 79.105.050, and 79A.05.360; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that Puget Sound and the other waters of Washington state contain an abundance of varied and unique marine life and other natural attractions that are of interest to divers and other recreationalists from all over the world. The legislature further finds that in addition to the usual benefits from tourism, the promotion of underwater viewing tourism in the waters of Washington state will enhance efforts to protect Puget Sound by assisting in educating residents and nonresidents as to the value of the marine environment. The legislature therefore finds that Washington state's efforts to promote nature-based tourism should include the natural wonder of underwater Washington.

Sec. 2   RCW 43.330.090 and 2005 c 136 s 14 are each amended to read as follows:
     (1) The department shall work with private sector organizations, local governments, local associate development organizations, and higher education and training institutions to assist in the development of strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling markets and waste reduction, aerospace, food processing, tourism, film and video, microelectronics, new materials, robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to a targeted sector's approach to economic development and including additional sectors in its efforts. The department shall use information gathered in each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.
     (2) The department shall pursue a coordinated program to expand the tourism industry throughout the state in cooperation with the public and private tourism development organizations. The department, in operating its tourism program, shall:
     (a) Promote Washington as a tourism destination to national and international markets to include nature-based and wildlife viewing tourism, which includes underwater viewing tourism;
     (b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;
     (c) Assist local communities to strengthen their tourism partnerships, including their relationships with state and local agencies;
     (d) Provide leadership training and assistance to local communities to facilitate the development and implementation of local tourism plans;
     (e) Coordinate the development of a statewide tourism and marketing plan. The department's tourism planning efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife, the department of natural resources, the state parks and recreation commission, the interagency committee for outdoor recreation, and other appropriate agencies. The plan shall specifically address mechanisms for: (i) Funding national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating the state plan with local tourism plans.
     (3) The department may, in carrying out its efforts to expand the tourism industry in the state:
     (a) Solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local or other governmental entities, as well as private sources, and may expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be deposited into the tourism development and promotion account created in RCW 43.330.094;
     (b) Host conferences and strategic planning workshops relating to the promotion of nature-based and wildlife viewing tourism, which includes underwater viewing tourism;
     (c) Conduct or contract for tourism-related studies;
     (d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;
     (e) Provide tourism-related organizations with marketing and other technical assistance;
     (f) Evaluate and make recommendations on proposed tourism-related policies.
     (4)(a) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.
     (b) The department may, in carrying out its efforts to encourage film and video production in the state, solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, or other governmental entities, as well as private sources, and may expend the same or any income therefrom for the encouragement of film and video production. All revenue received for such purposes shall be deposited into the film and video promotion account created in RCW 43.330.092.
     (5) In assisting in the development of a targeted sector, the department's activities may include, but are not limited to:
     (a) Conducting focus group discussions, facilitating meetings, and conducting studies to identify members of the sector, appraise the current state of the sector, and identify issues of common concern within the sector;
     (b) Supporting the formation of industry associations, publications of association directories, and related efforts to create or expand the activities or industry associations;
     (c) Assisting in the formation of flexible networks by providing (i) agency employees or private sector consultants trained to act as flexible network brokers and (ii) funding for potential flexible network participants for the purpose of organizing or implementing a flexible network;
     (d) Helping establish research consortia;
     (e) Facilitating joint training and education programs;
     (f) Promoting cooperative market development activities;
     (g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services; and
     (h) Providing for methods of electronic communication and information dissemination among firms and groups of firms to facilitate network activity.

Sec. 3   RCW 77.12.065 and 2003 c 183 s 1 are each amended to read as follows:
     The department shall manage wildlife and habitat programs, including underwater wildlife and habitat programs, in a manner that provides for public opportunities to view wildlife and underwater life and supports wildlife and underwater viewing tourism without impairing the state's wildlife resources or their natural habitats.

Sec. 4   RCW 79.105.050 and 2005 c 155 s 141 are each amended to read as follows:
     The department shall foster the commercial and recreational use of the aquatic environment for production of food, fibre, income, and public enjoyment from state-owned aquatic lands and from associated waters, including opportunities for underwater viewing in naturally occurring aquatic habitat, and to this end the department may develop and improve production and harvesting of seaweeds and sealife attached to or growing on aquatic land or contained in aquaculture containers, but nothing in this section alters the responsibility of other state agencies for their normal management of fish, shellfish, game, and water.

Sec. 5   RCW 79A.05.360 and 1999 c 249 s 1301 are each amended to read as follows:
     The commission may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington. In establishing and maintaining an underwater park system, the commission may:
     (1) Plan, construct, and maintain underwater parks;
     (2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;
     (3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;
     (4) Accept gifts and donations for the benefit of underwater parks;
     (5) Facilitate private efforts to construct artificial reefs and underwater parks;
     (6) Work with the federal government, local governments and other appropriate agencies of state government, including but not limited to: The department of natural resources, the department of fish and wildlife and the natural heritage council to carry out the purposes of this chapter; and
     (7) Contract with other state agencies or local governments for the management of an underwater park unit.
     The commission may also take such actions as appropriate to support underwater viewing tourism.

NEW SECTION.  Sec. 6   (1) In several locations throughout the world, the use of ships as dive attractions has helped promote underwater viewing tourism. To the extent funds are made available, the department of fish and wildlife shall commission an independent study on the use of ships as dive attractions. The department of fish and wildlife, the department of natural resources, the state parks and recreation commission, the department of ecology, and the department of community, trade, and economic development shall establish a work group on the use of ships as dive attractions to delineate elements of this study. Among the topics that the study should address are:
     (a) Assessing the availability of appropriate locations in Puget Sound at the appropriate depths after the elimination of existing areas reserved for shipping lanes, shellfish beds, sensitive areas, areas with water quality concerns that would preclude placement of a vessel, commercial fishing areas, and areas with restrictions due to national security concerns or national defense activity;
     (b) What are the possible long-term environmental consequences, including those to habitat and marine life, of the use of ships as dive attractions, and what steps would need to be taken prior to the state allowing the sinking of a ship to be used as a dive attraction. At a minimum, this should include an assessment of:
     (i) Water quality impacts and the residual impacts to the underlying land, over time, as the vessel breaks down, such as accumulation of contaminants in the sediment;
     (ii) Potential impacts that sinking a ship would have on predation of juvenile salmonid and other state or federally listed species;
     (c) What are the possible long-term economic consequences and what are the costs, both capital and operating, of the use of ships as dive attractions, including the costs of cleaning a ship to appropriate environmental standards;
     (d) What funding would need to be secured prior to the state allowing the sinking of a ship to be used as a dive attraction and what sources of funding are, or can be made, available for this purpose; and
     (e) What are the legal liabilities and exposures for the state in using ships as dive attractions.
     (2) Once the study is complete, the work group shall develop final recommendations based on its findings, to be submitted to the appropriate committees of the legislature no later than December 15, 2007. The objectives of the work group shall be to:
     (a) Review the best available information regarding the environmental, economic, funding, liability, and other issues involved in the use of ships as dive attractions; and
     (b) Consider the appropriate roles for each agency and the roles of other federal, state, and local agencies in the planning, permitting, construction, maintenance, and operation of ships as dive attractions.
     (3) The agencies shall work with interested local governments, other state agencies, tribes, visitor and convention bureaus, the hospitality industry, tourism development organizations, tour operators and other private sector interests, marine and underwater recreation interests, educators, and conservation organizations in conducting this review.