AN ACT Relating to the siting of floating fin fish aquaculture facilities in state marine waters; and creating new sections.

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

NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. The legislature finds that the marine waters of Washington state are capable of supporting many forms of aquaculture, including the culturing of salmon, mussels, seaweed, oysters, and other marine species. However, in order to protect existing biological systems, protect public enhancement opportunities, and reduce conflicts with existing water uses, it is critical that aquaculture projects be appropriately sited, designed, and operated.

The legislature further finds that considerable controversy has occurred when marine fin fish net pen projects have been proposed, and that it is in the best interest of the state to find ways to minimize this conflict, reduce adverse impacts on the marine environment, and reduce adverse impacts on other uses and activities. The legislature further finds that actions are needed to increase predictability and consistency, and expedite the decision-making process for marine net pen projects.

NEW SECTION. Sec. 2. TASK FORCE CREATED‑-SCOPE. The floating marine fin fish task force is hereby created. The task force shall be coordinated by the department of natural resources to provide the legislature, state agencies, and local jurisdictions with recommendations on siting fin fish net pen projects in marine waters of the state, while minimizing or eliminating adverse biological effects and conflicts with other uses and activities.

NEW SECTION. Sec. 3. TASK FORCE MEMBERSHIP. (1) The task force shall include one representative from the following interests, governmental agencies, and organizations: Department of natural resources, department of ecology, department of fisheries, department of agriculture, University of Washington college of ocean and fisheries science, counties, marine fin fish growers, environmentalists, shoreline property owners, Indian tribes, marine sport anglers, and the commercial fishing industry.

(2) The agencies listed in subsection (1) of this section shall work with recognized organizations and associations that represent the interests listed in subsection (1) of this section in the selection of representatives. Every attempt shall be made to encourage recognized organizations and associations to appoint their own representative. If these organizations and associations have not identified a representative within twenty days of the effective date of this act, or if more than one representative is nominated, the department of natural resources and the other agencies listed in subsection (1) of this section will jointly make appointments within thirty days of the effective date of this act.

(3) The task force shall be coordinated and chaired by the department of natural resources. The department shall use a collaborative process that is fair to all interests, and shall attempt to reach outcomes that are supported by all participants.

NEW SECTION. Sec. 4. TASK FORCE RESPONSIBILITIES. (1) The task force shall prepare an action plan that will include recommended changes in law, regulation, policy, and procedures. The action plan's objective shall be the development of a consistent, predictable framework for the appropriate siting, regulation, and monitoring of floating fin fish net pens, and the clarification of roles and responsibilities of federal, state, and local decision makers. In preparing this action plan, the task force shall:

(a) Identify biological impacts and use conflicts associated with marine fin fish net pens as documented in available sources of information;

(b) Review existing federal, state, and local policies, procedures, rules, and statutes regarding marine fin fish net pens in Washington state;

(c) Review existing policies, procedures, rules, and statutes regarding marine fin fish net pens in other states and nations;

(d) Review the economic costs and benefits of marine fin fish net pens to the state and its citizens; and

(e) Address siting of net pens for enhancement of the state's public fishery resource, and resolution of possible siting conflicts with private net pen projects.

(2) In carrying out its responsibilities, the task force shall provide opportunities for public participation. At a minimum, the task force shall conduct public meetings during its initial fact-finding phase, and after a draft action plan is developed.

NEW SECTION. Sec. 5. FINAL REPORT AND ACTION PLAN. The task force shall present the action plan required in section 4 of this act to the legislature, governor, state agency directors, and local governments by November 15, 1990.

NEW SECTION. Sec. 6. TERMINATION OF TASK FORCE. The task force shall cease to exist on June 30, 1991.

NEW SECTION. Sec. 7. CAPTIONS NOT LAW. Section headings as used in this act do not constitute any part of the law.