H-140                _______________________________________________

                                                     HOUSE BILL NO. 40

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Haugen, Zellinsky, S. Wilson, Schmidt, Meyers, Cole, Brough, Fisch, J. Williams, Holland, P. King and Hargrove

Read first time 1/15/87 and referred to Committee on Natural Resources.

AN ACT Relating to raising fish in net pens located on state lands; amending RCW 75.28.010; adding new sections to chapter 75.58 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The legislature declares that aquaculture in this state can provide employment, economic stability, improve the balance of trade, while providing a source of high quality food.  The legislature finds that raising fish in saltwater net pens is a legitimate use of public waters and submerged lands.  To insure the maintenance of environmental quality for all water uses, the opportunity for recreational uses, and navigation across public waters, it is important that the state participate in regulating the location of saltwater fish net pens.  The legislature finds that licensing and inspecting saltwater fish rearing facilities is necessary to protect the health, welfare, and safety of the state's citizens.

NEW SECTION. Sec. 2.     A license issued by the director is required to raise fish in saltwater net pens.  The initial license fee shall be five hundred dollars.  The license is renewable  annually upon submission of an annual inspection report, and payment of a renewal fee set by rule.  The licensee shall submit the annual inspection report on forms provided by the department.  The report shall identify steps taken by the licensee to comply with all conditions attached to any permits necessary for the operation of the aquatic farm.

NEW SECTION. Sec. 3.     In addition to any other license or permit requirements, an aquatic farmer shall not place fish in a saltwater net pen without a site permit issued by the department.  The department shall develop and make available criteria for site permits. This section applies to the cultivation of private sector fish into saltwater net pens begun after the effective date of this section.

          Criteria for the site permit shall include but are not limited to the following:  Size of operation, depth of water beneath the net pens, mean current velocity, and distance to aquatic habitats of special significance.  The department may require the applicant to provide an operations plan, a bathymetric survey, a hydrographic survey, a biological resource survey, a baseline benthic survey, an annual summer diver survey, and periodic water quality sampling.  The department may also consider historical uses of the site in determining whether to issue a site permit.

NEW SECTION. Sec. 4.     Fisheries patrol officers, ex officio fisheries patrol officers, or other department employees may inspect and search without a warrant any saltwater net pen facility.  Remedial action within thirty days shall be required to correct any problem found through the inspection.

NEW SECTION. Sec. 5.     Violation of this chapter or the rules adopted under this chapter is a misdemeanor.  Each day of a continuing violation constitutes a separate violation.

        Sec. 6.  Section 75.28.010, chapter 12, Laws of 1955 as last amended by section 18, chapter 457, Laws of 1985 and RCW 75.28.010 are each amended to read as follows:

          (1) Except as otherwise provided by this title, a license or permit issued by the director is required to:

          (a) Commercially fish for or take food fish or shellfish;

          (b) Deliver food fish or shellfish taken in offshore waters;

          (c) Operate a charter boat; ((or))

          (d) Engage in processing or wholesaling food fish or shellfish; or

(e) Raise fish in saltwater net pens.

          (2)  It is unlawful to engage in the activities described in subsection (1) of this section without having in possession the licenses or permits required by this title.

          (3) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 except as provided in subsection (1)(e) of this section or for the delivery, processing, or wholesaling of such aquatic products.  However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

NEW SECTION. Sec. 7.     Sections 1 through 5 of this act are each added to chapter 75.58 RCW.