AN
ACT Relating to the moratorium on oil and gas exploration and production off
the Washington coast; amending RCW 43.143.005 and 43.143.010; and repealing RCW
43.143.040.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.143.005 and 1989 1st ex.s. c 2 s 8 are each amended to read as follows:
(1)
Washington's coastal waters, seabed, and shorelines are among the most valuable
and fragile of its natural resources.
(2)
Ocean and marine-based industries and activities, such as fishing, aquaculture,
tourism, and marine transportation have played a major role in the history of
the state and will continue to be important in the future. ((Other
industries and activities, such as those based on the development and
extraction of minerals and other nonrenewable resources, can provide social and
economic benefits as well.))
(3)
Washington's coastal waters, seabed, and shorelines are faced with conflicting
use demands. Some uses may pose unacceptable environmental or social risks at
certain times.
(4)
((At present, there is not enough information available to adequately assess
the potential adverse effects of oil and gas exploration and production off
Washington's coast.
(5))) The
state of Washington has primary jurisdiction over the management of coastal and
ocean natural resources within three miles of its coastline. From three miles
seaward to the boundary of the two hundred mile exclusive economic zone, the
United States federal government has primary jurisdiction. Since protection,
conservation, and development of the natural resources in the exclusive
economic zone directly affect Washington's economy and environment, the state
has an inherent interest in how these resources are managed.
Sec.
2. RCW
43.143.010 and 1995 c 339 s 1 are each amended to read as follows:
(1)
The purpose of this chapter is to articulate policies and establish guidelines
for the exercise of state and local management authority over Washington's
coastal waters, seabed, and shorelines.
(2)
There shall be no leasing of Washington's tidal or submerged lands extending
from mean high tide seaward three miles along the Washington coast from Cape
Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and
the Columbia river downstream from the Longview bridge, for purposes of oil or
gas exploration, development, or production ((until at least July 1, 2000.
During the 2000 legislative session, the legislature shall determine whether
the moratorium on leasing should be extended past July 1, 2000. This
determination shall be based on the information available at that time,
including the analysis described in RCW 43.143.040. If the legislature does
not extend the moratorium on leasing, the moratorium will end on July 1, 2000.
At any time that oil or gas leasing, exploration, and development are allowed
to occur, these activities shall be required to meet or exceed the standards
and criteria contained in RCW 43.143.030)).
(3)
When conflicts arise among uses and activities, priority shall be given to
resource uses and activities that will not adversely impact renewable resources
over uses which are likely to have an adverse impact on renewable resources.
(4)
It is the policy of the state of Washington to actively encourage the
conservation of liquid fossil fuels, and to explore available methods of
encouraging such conservation.
(5)
It is not currently the intent of the legislature to include recreational uses
or currently existing commercial uses involving fishing or other renewable
marine or ocean resources within the uses and activities which must meet the
planning and review criteria set forth in RCW 43.143.030. It is not the intent
of the legislature, however, to permanently exclude these uses from the
requirements of RCW 43.143.030. If information becomes available which
indicates that such uses should reasonably be covered by the requirements of
RCW 43.143.030, the permitting government or agency may require compliance with
those requirements, and appeals of that decision shall be handled through the
established appeals procedure for that permit or approval.
(6)
The state shall participate in federal ocean and marine resource decisions to
the fullest extent possible to ensure that the decisions are consistent with
the state's policy concerning the use of those resources.
NEW SECTION. Sec. 3. RCW
43.143.040 and 1995 c 399 s 83 & 1989 1st ex.s. c 2 s 12 are
each repealed.
