H-3538              _______________________________________________

                                                   HOUSE BILL NO. 2321

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Haugen, S. Wilson, Morris, Spanel and Schoon

Read first time 1/10/90 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to floating finfish net pens; adding new sections to Title 79 RCW; and creating new sections.

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

NEW SECTION. Sec. 1.     The legislature finds that state-wide benefits accrue from the use of floating net pens by the departments of fisheries and wildlife for the raising of fish that will be released into state waters.  Floating net pens can be an important supplement to the state's fish hatchery program, and are useful in improving fishing opportunities for the state's commercial and sport fishers.  It is the intent of the legislature to ensure that the department of fisheries and department of wildlife are not preempted from the use of floating finfish net pen sites by the siting of privately owned net pens.

NEW SECTION. Sec. 2.     If a state agency, or agencies, develop a management plan for the siting of floating finfish net pens in the waters of the state, the siting of finfish net pens by the department of fisheries and department of wildlife shall be given priority over the siting of net pens proposed by private parties.

NEW SECTION. Sec. 3.     (1) If the department of natural resources receives a lease application for a floating finfish net pen site in waters of the state, it shall forward copies of the application to the department of fisheries and department of wildlife within seven days.  Within twenty-one days after receipt of the application, the departments of fisheries and wildlife shall notify the department of natural resources and the applicant as to whether they have plans to use the site for floating net pens.

          (2) If the department of fisheries or the department of wildlife has plans for using the site, it also shall indicate its timetable for design, siting, and construction of the proposed net pen project.  Upon receipt of the timetable, the department of natural resources shall deny the applicant's lease application.

          (3) If, after further consideration, the department of fisheries or the department of wildlife determines that the net pen site is not needed, it shall notify the department of natural resources and the former  applicant of its determination.  The applicant may reapply for a lease.

NEW SECTION. Sec. 4.     This act shall not apply to floating net pen sites with existing valid leases as of December 1, 1989, or to floating net pen sites for which a lease application was submitted prior to December 1, 1989.

NEW SECTION. Sec. 5.     Sections 2 and 3 of this act are each added to Title 79 RCW.