HOUSE BILL REPORT

ESB 6797

BYSenators Benitz, Rasmussen, Conner, Metcalf, Patterson, Thorsness, Amondson and McMullen

Creating the fisheries 2000 council.

House Committe on Fisheries & Wildlife

Majority Report:  Do pass as amended.  (6)

      Signed by Representatives Morris, Vice Chair; S. Wilson, Ranking Republican Member; Cole, Haugen, Smith and Spanel.

Minority Report:  Without recommendation.  (2)

      Signed by Representatives Basich and Bowman.

House Staff:Robert Butts (786-7841)

AS PASSED HOUSE MARCH 2, 1990

BACKGROUND:

Fishery Enhancement:  A large number of governmental agencies, commissions, and councils are involved in the management of the state's fisheries such as the state and federal fisheries agencies, Pacific Fisheries Management Council, the Pacific Halibut Commission, the NW Power Planning Council, the NW Indian Fisheries Council, the Columbia River Intertribal Fish Commission, three regional advisory groups, and 12 regional enhancement groups.

Some people believe that these groups concentrate too much on fishery allocation decisions, and that inadequate attention is paid to fishery protection, enhancement and research.

Siting of Salmon Net Pens:  The siting of floating salmon net pens in Puget Sound has created considerable controversy in recent years, involving state and local governments, shoreline property owners, commercial fishers, and net pen applicants.

An assortment of state and local governmental approvals are required prior to siting a salmon net pen, including a lease from the Department of Natural Resources (DNR), a permit from the Department of Fisheries, a discharge permit from the Department of Ecology, and a shoreline permit from the affected local government.  The shoreline permit process also involves the Department of Ecology and, as has often been the case, the Shorelines Hearings Board.  In addition, the Department of Agriculture has been instructed by the Legislature to promote aquaculture products.

Several attempts have been made to resolve the controversy swirling around salmon net pens.  After completing a study on the impacts of finfish culture on the aquatic environment, in 1986, state resource agencies and the Department of Agriculture developed interim guidelines for the siting of salmon net pens.  These guidelines were never formally adopted.  In addition, a study on the aesthetic impacts of aquaculture was prepared in 1986, the Department of Ecology completed a study of use conflicts in December 1988, and the Department of Fisheries released an Environmental Impact Statement on finfish culture in early February 1990.  Lastly, the Department of Natural Resources recently indicated that it plans to bring together interested parties in an attempt to resolve outstanding aquaculture siting issues.

SUMMARY:

The Fisheries 2000 floating marine finfish council is created.  The council shall provide the Legislature, state agencies, and local jurisdictions with recommendations on siting net pen projects in marine waters of the state, while minimizing or eliminating adverse biological effects and conflicts with other uses and activities.

The council shall include one member from the following entities: departments of Natural Resources, Ecology, Fisheries, and Agriculture; University of Washington; counties; marine finfish growers; environmentalists; shoreline property owners; Indian tribes; marine sport anglers; and the commercial fishing industry.  Procedures for selecting representatives are provided.

The council shall be coordinated and chaired by the Department of Natural Resources.  The department is required to use a collaborative process that is fair to all interests, and shall attempt to reach outcomes supported by all parties.

An action plan is to be prepared that includes recommended changes in law, regulation, policy, and procedures.  In preparing the action plan, opportunities for public participation must be provided.

The action plan is to be presented to the Legislature, governor, state agency directors, and local governments by November 15, 1990.  The council shall expire on June 30, 1991.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (The following testified for the original bill, not the amended version adopted by committee) Randy Ray, Salmon for Washington; and Rob Zuanich, Puget Sound Purse Seiners' Association.

House Committee - Testified Against:      (Original Bill) Ed Manary, Department of Fisheries.

House Committee - Testimony For:    (Original Bill) The fishery resource has been ignored during the constant fights over allocation, and too little attention has been paid to the impacts of development on our fishery resource.

House Committee - Testimony Against:      (Original Bill) Unless changes are made to the structure and membership of the council, this legislation will not be effective.  In recent years, the Legislature has adopted numerous fishery enhancement measures with similar objectives; this bill would duplicate existing efforts.

VOTE ON FINAL PASSAGE:

      Yeas 97 - 3/2