S-1343

AN ACT Relating to aquatic nuisance species; amending RCW 77.12.020; adding a new chapter to Title 77 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. Population increases, more rapid means of transportation, and other factors have contributed to a dramatic increase in the accidental introduction of nonnative species throughout the world. The indiscriminate introduction of new species can have unpredictable and often negative impacts on native species. Aquatic species that are especially destructive when introduced into new ecosystems are referred to as aquatic nuisance species.

The legislature finds that aquatic nuisance species are a serious problem that threaten the ecological integrity of the state's marine and freshwater resources. Aquatic nuisance species also have a significant impact on economic, social, and public health conditions within our state. These species have few natural controls in their new habitat and can spread rapidly, destroying native plant and animal habitat, reducing recreational opportunities, lowering property values, clogging waterways, and impacting irrigation and power generation.

The large number of governmental entities that now fund and regulate programs to manage aquatic nuisance species have diverse interests and limited jurisdictions that cannot adequately address the wide ranging impacts of aquatic nuisance species in Washington.

The legislature intends to minimize the environmental and economic risks from aquatic nuisance species by improving cooperation between the various state and federal agencies responsible for controlling aquatic nuisance species, and by authorizing specific programs that either prevent the introduction of these species or aid in eliminating infestations.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Committee" means the aquatic nuisance species coordination committee.

(2) "Aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters, and consists of those:

(a) Aquatic plants listed by the state noxious weed control board as noxious weeds as provided in RCW 17.10.080; and

(b) Aquatic animals classified as aquatic nuisance species by the commission as provided in RCW 77.12.020.

NEW SECTION. Sec. 3. (1) The aquatic nuisance species coordination committee is created for the purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to minimize the accidental introduction of nonnative aquatic species and give special emphasis to preventing the introduction and spread of aquatic nuisance species.

(2) The committee shall consist of representatives from each of the following state agencies: Department of fish and wildlife, department of ecology, department of agriculture, department of natural resources, state patrol, state noxious weed control board, the Washington public ports association, and Washington sea grant program. United States fish and wildlife service, United States environmental protection agency, and one person representing federally recognized tribes of Washington will also be invited to participate in the committee. The representative from the department of fish and wildlife shall chair the committee. The committee chair may invite the participation of other state, federal, tribal, or private organizations on either an ad hoc or continuing basis, if it will better accomplish the purposes of the committee.

(3) The committee has the following duties:

(a) Periodically revise the state of Washington aquatic nuisance species management plan, originally published in June 1998;

(b) Prepare a zebra mussel containment plan for quickly detecting and responding to an introduction of zebra mussels in a manner that will eradicate the mussels or control their spread if eradication is not possible;

(c) Prepare a programmatic environmental impact statement for the zebra mussel containment plan and for other aquatic nuisance species as needed;

(d) Design a monitoring program for early detection of zebra mussel introductions into Washington waters;

(e) Design early response plans for other aquatic nuisance species, as necessary;

(f) Design an on-site inspection program of aquatic plant dealers;

(g) Facilitate solutions for preventing the introduction of nonnative aquatic species from the ballast water of ships;

(h) Design a zebra mussel inspection program for large boats being hauled by commercial carriers into the state;

(i) Design a voluntary inspection program for small boats entering Washington;

(j) Design an aquatic species education program, including educational materials;

(k) Establish a list of advisors and seek their recommendations regarding these duties;

(l) Advise member agencies on the use of funds available for aquatic nuisance species activities;

(m) Prepare a report to the legislature making recommendations for better accomplishing the purposes of this chapter and listing the committee's accomplishments by December 1, 2001;

(n) Investigate and make recommendations regarding methods for better integrating the management of terrestrial and aquatic nuisance species.

(4) The committee shall accomplish its duties through the authority and cooperation of its member agencies. Implementation of all plans and programs developed by the committee shall be through the member agencies and other cooperating organizations. Funding requests for aquatic nuisance species activities shall be submitted through the member agencies as a part of their individual budget requests.

NEW SECTION. Sec. 4. The department of ecology shall investigate the risk of introductions of nonnative aquatic species through the discharge of ballast water from ships and recommend state actions to respond to this risk. In conducting this investigation, the director of ecology shall seek the cooperation and participation of organizations representing the maritime community for both Puget Sound and the Columbia river. The recommendations shall be submitted in a report to the aquatic nuisance species coordination committee and to the appropriate legislative committees no later than December 1, 2000.

NEW SECTION. Sec. 5. The department of ecology may inspect vessels and sample ballast water to determine whether the vessel's ballast water poses a measurable risk of introducing nonnative aquatic species into the waters of the state. Ballast water sampling and determinations of measurable risk shall be based on accepted scientific practice and parameters.

NEW SECTION. Sec. 6. The department of agriculture may inspect licensed nurseries dealing in aquatic plants for the purpose of detecting aquatic nuisance species and preventing the introduction of these species into Washington waters. If aquatic nuisance species are detected, the director of the department of agriculture may issue a hold order on the infested aquatic plants and may require the nursery to treat or dispose of the plants in a manner that will prevent the introduction of the aquatic nuisance species into Washington waters.

NEW SECTION. Sec. 7. The state patrol may inspect boats entering the state at a port of entry for the purpose of detecting zebra mussels and preventing the introduction of this species into Washington waters. If zebra mussels are detected, the state patrol may prohibit the further movement of the boat until the carrier agrees to an approved method of decontaminating the boat. The department of fish and wildlife shall adopt rules defining approved decontamination methods.

Sec. 8. RCW 77.12.020 and 1994 c 264 s 53 are each amended to read as follows:

(1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section.

(2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals.

(3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.

(4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director.

(5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected.

(6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species.

(7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife.

(8) If the director determines that an aquatic animal species, not native to Washington, threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters, the director may request its designation as an aquatic nuisance species. The commission may designate aquatic nuisance species.

NEW SECTION. Sec. 9. Sections 2, 3, and 5 through 7 of this act constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 10. (1) If specific funding for the purposes of section 4 of this act, referencing section 4 of this act by section number, is not provided by June 30, 1999, in the omnibus appropriations act, then section 4 of this act is null and void.

(2) If specific funding for the purposes of section 5 of this act, referencing section 5 of this act by section number, is not provided by June 30, 1999, in the omnibus appropriations act, then section 5 of this act is null and void.