Brief Summary of Engrossed Substitute Bill

Consolidates the Aquatic Invasive Species Enforcement Account and the Aquatic Invasive Species Prevention Account into a single Aquatic Invasive Species Management Account, funded by derelict vessel and invasive species removal fees, and aquatic invasive species prevention permits among other sources, for the purpose of funding certain aquatic invasive species-related measures.
Creates a $20 aquatic invasive species prevention permit applicable to operators of certain vessels and aquatic conveyances, and to commercial transporters of certain vessels and aquatic conveyances.
Creates, as an infraction under the Fish and Wildlife Enforcement Code, the failure to possess a valid aquatic invasive species prevention permit.
Requires that owners and operators of vessels covered by Washington's ballast water management law ensure that vessels under their ownership or control do not release aquatic organisms into the waters of the state except as may be authorized by rules adopted by the Department of Fish and Wildlife.

Background:

The Washington Department of Fish and Wildlife (WDFW) administers several laws that manage and restrict aquatic invasive species. Aquatic invasive species are defined as water-dependent nonnative animals that do not occur naturally in Washington and that pose a risk of harming or threatening the state's environmental, economic, or human resources.

Aquatic Invasive Species Enforcement.

A person in possession of an aquatic conveyance who enters Washington by road, air, or water is required to have a certificate of inspection declaring that, to the extent feasible, the aquatic conveyance does not carry or contain an invasive species. Aquatic conveyances include watercraft and associated equipment, float planes, construction equipment, fish tanker trucks, hydroelectric and irrigation equipment, personal fishing and hunting gear, and materials used for aquatic habitat mitigation or restoration.

Anyone using an aquatic conveyance must clean and drain the conveyance after use on a water body or property. This includes removal of visible aquatic plants, animals, other organisms, and water from the water body.

The WDFW may establish mandatory check stations for the inspection of watercraft. The WDFW may adopt rules covering other types of aquatic conveyances that must stop at check stations. A person stopped at a check station must allow inspection for aquatic invasive species and clean and drain requirements, and follow any clean and drain or decontamination orders given.

The Aquatic Invasive Species Enforcement Account.

The Washington State Patrol is authorized, after appropriation, to use funds in the Aquatic Invasive Species Enforcement Account to inspect for the presence of aquatic invasive species. The WDFW is authorized, after appropriation, to use funds from the account to develop and implement an aquatic invasive species enforcement program. The account is funded by a distribution of 50 cents from every $5 derelict vessel and invasive species removal fee.

The Aquatic Invasive Species Prevention Account.

The WDFW is authorized, after appropriation, to use funds from the Aquatic Invasive Species Prevention Account to implement the provisions of Washington's invasive species law. The account is funded by a distribution of $1.50 from every $5 derelict vessel and invasive species removal fee.

Ballast Water Management.

The WDFW is charged with developing and implementing standards for the discharge of ballast water in order to reduce the introduction of invasive species. The Ballast Water Management Account was created for the purpose of carrying out Washington's ballast water management law. The account is funded by fees and penalties under Washington's ballast water management law. The ballast water management law applies, with some exceptions, to vessels of 300 gross tons or more that are capable of carrying ballast water into the waters of the state after operating outside the waters of the state.

Invasive Species Infractions.

It is a natural resource infraction under the Fish and Wildlife Enforcement Code to transport aquatic plants on public roads.

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Summary of Bill:

Creation of the Aquatic Species Management Account.

The Aquatic Invasive Species Management Account is created in the State Treasury, replacing the Aquatic Invasive Species Enforcement Account and the Aquatic Invasive Species Prevention Account. The Aquatic Invasive Species Management Account is authorized to receive funds from various vessel fees, utility taxes, and aquatic invasive species prevention permits, as well as from legislative appropriations, penalties received by the WDFW for aquatic invasive species management, and other sources. Expenditures from the account may be made only after appropriation, and only to implement certain aquatic invasive species-related measures. Up to $1 million per year may be appropriated from the account to the WDFW to fund an aquatic invasive species local management grant program for the purpose of managing aquatic invasive species.

Funding for the Aquatic Species Management Account.

Two dollars out of every derelict vessel and invasive species removal fee charged by the WDFW must be deposited in the Aquatic Invasive Species Management Account.

The WDFW is authorized to issue aquatic invasive species prevention permits. Such permits are required for each seaplane or vessel registered in another state, before such vessel or seaplane may enter any water body of the state. Such permits are also required for certain categories of seaplanes and vessels that may be transported commercially in the state, if those vessels or seaplanes have previously been in waters of any other state or country. The fee for an aquatic invasive species prevention permit is $20, and the permit is valid for one year. The fee must be deposited in the Aquatic Invasive Species Management Account.

Modification of the Ballast Water Management Account.

The name of the Ballast Water Management Account in the State Treasury is changed to the Ballast Water and Biofouling Management Account. Biofouling is defined as the accumulation of aquatic organisms on a vessel, including microorganisms, plants, and animals. Expenditures from the Ballast Water and Biofouling Management Account may be made only after appropriation, only to carry out the purposes of Washington's ballast water management law, and not for the salaries of any permanent WDFW employees.

Prohibitions and Requirements.

Owners and operators of vessels covered by Washington's ballast water management law are required to ensure that vessels under their ownership or control do not release biofouling into the waters of the state except as may be authorized by rules adopted by the WDFW.

Failing to possess a valid aquatic invasive species prevention permit is created as an infraction under the Fish and Wildlife Enforcement Code. Transporting aquatic plants on public roads is removed as an infraction under the Fish and Wildlife Enforcement Code.

Inspection and Decontamination Fees.

By December 1, 2018, the WDFW is directed to provide the Legislature with recommendations for a fee schedule for the inspection and decontamination of aquatic conveyances.