H-2271              _______________________________________________

                                            SUBSTITUTE HOUSE BILL NO. 40

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Haugen, Zellinsky, S. Wilson, Schmidt, Meyers, Cole, Brough, Fisch, J. Williams, Holland, P. King and Hargrove)

Read first time 3/6/87 and passed to Committee on Rules.

AN ACT Relating to raising fish in net pens located on state lands; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1.     The legislature declares that aquaculture in Washington can provide employment, economic stability, and improve the balance of trade, while providing a source of high quality food.  The legislature finds that raising fish in properly sited saltwater net pens is a legitimate use of public waters and submerged lands.  The legislature recognizes that the interim guidelines for the management of salmon net pen culture in Puget Sound represent the best available environmental standards for the siting and operation of saltwater net pens in Washington.  To insure the maintenance of environmental quality for all water uses, it is important that the state evaluate the environmental impacts from raising fish in saltwater net pens through a state-wide, programmatic environmental impact statement.  The legislature further declares that during the period of preparation of such an environmental impact statement, state agencies, local governments, and prospective operators of saltwater net pens be provided with guidelines for the environmental evaluation and siting of saltwater net pens to enable such net pen facilities to continue to operate.

NEW SECTION. Sec. 2.     (1) Operators of saltwater net pens shall comply with the interim guidelines for the management of salmon net pen culture in Puget Sound prepared by the department of ecology in conjunction with the departments of fisheries, agriculture, and natural resources, as implemented by any agency.  Local governments may also apply provisions of the guidelines if they adopt the provisions by ordinance.  A local government may condition permits for the siting of net pen aquaculture based on compliance with the limits in the guidelines.

          (2) State agencies and local governments shall only apply those provisions in the guidelines that are relevant to particular elements to be evaluated under any permit or other governmental approval to be granted by a particular state agency or local government for operation of a saltwater net pen facility.

NEW SECTION. Sec. 3.     The siting of net pen aquaculture shall be the shared responsibility of state and local governments.  Siting criteria and permit approval related to historical uses, competing recreational and other marine activities, and the impact on adjacent shorelines and upland properties shall be the special purview of the county, city, or town where the prospective lease area is located.

NEW SECTION. Sec. 4.     This act shall expire when the permanent rules for the management of salmon net pen culture in Puget sound are adopted or June 30, 1989, whichever is earlier.