SENATE BILL REPORT

SB 5815

BYSenator Metcalf

Adopting provisions relating to floating aquaculture permits.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 13, 1989

Senate Staff:Vic Moon (786-7469)

AS OF FEBRUARY 10, 1989

BACKGROUND:

There has been an increasing concern that local government should have greater control over aquaculture development in their jurisdiction.

SUMMARY:

Local governments, rather than the Shorelines Hearings Board, will have the primary responsibility for the granting and denying of aquaculture permits.  Except where local governments hold a hearing on floating aquaculture, review by the Shoreline Hearings Board will be on the record and not a de novo hearing.  Additional testimony may be presented to the Shorelines Hearings Board if the board determines prior to the hearing that the new testimony was not available and could not have been available at the local government hearing on the permit application.  If the Shorelines Hearings Board allows additional testimony, the case shall be remanded back to the local government for rehearing to be conducted within 30 days of the decision to remand.  The party requesting introduction of the new testimony will make the testimony available to all interested parties at the time the request is made.

Review on the record by the Shorelines Hearings Board will be limited to a determination as to whether local governments' action on floating aquaculture permits is (1) in accordance with the procedures, (2) arbitrary and capricious, or (3) consistent with the intent of the Shoreline Management Act.

If a hearing is to be held on the floating aquaculture permit application, written notification of the hearing will be given by the local government to the Departments of Fisheries, Wildlife, Natural Resources, Agriculture and Ecology at least 30 days before the hearing date.  In addition, written notification will be made at least 30 days before the hearing to any person who has filed with the local government a written request to receive notice of hearings on local floating aquaculture permit applications.  Local governments will insure that adequate records of hearings are maintained.

A severability clause and an emergency clause are both included.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 7, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.