S-3546.3  _______________________________________________

                         SENATE BILL 6384

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Jacobsen, Spanel and Gardner

Read first time 01/14/2000.  Referred to Committee on Natural Resources, Parks & Recreation.

Requiring rules to regulate finfish aquaculture.

    AN ACT Relating to marine finfish aquaculture; and adding a new chapter to Title 75 RCW.

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

NEW SECTION. Sec. 1.  Aquaculture net pen facilities in Washington state have accidentally released Atlantic salmon into Puget Sound.  Similar accidents in Canada have resulted in the successful spawning of Atlantic salmon in indigenous habitat.  These events raise concern about the effect of escaped nonnative species on native runs of salmon declared threatened or endangered under the federal endangered species act.  It is necessary to minimize the impact of escapes through the implementation of state-wide prevention measures.  Until such prevention measures are implemented, it is prudent to prohibit the expansion of salmon net pens.

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

    (1) "Aquaculture" has the same meaning as defined in RCW 15.85.020.

    (2) "Aquatic farmer" has the same meaning as defined in RCW 15.85.020.

    (3) "Private sector cultured aquatic products" has the same meaning as defined in RCW 15.85.020.

NEW SECTION. Sec. 3.  The director shall develop, implement,  administer, and enforce rules to include the following elements:

    (1) Provisions for the prevention of escapes of cultured marine finfish aquaculture products from enclosures, net pens, raceways, ponds, or other rearing vessels;

    (2) Provisions for the determination of appropriate species, stocks, and races of marine finfish aquaculture products allowed to be cultured at specific locations and sites;

    (3) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine finfish aquaculture products that have escaped from enclosures, net pens, raceways, ponds, or other rearing vessels, and to prevent the spread or permanent escape of these products.  The director shall take all actions necessary to coordinate these provisions with local tribal fishing managers and with the north of Falcon process, if necessary;

    (4) Provisions for the eradication of those cultured marine finfish aquaculture products that have escaped from enclosures, net pens, raceways, ponds, or other rearing vessels found spawning in state waters.  The director shall take all actions necessary to coordinate these provisions with local tribal fishing managers and with the north of Falcon process, if necessary;

    (5) Provisions for the development of management practices based on the latest available science, to include:

    (a) Reclamation standards and requirements including bonding, if the director determines it necessary, to ensure cleanup of sites both during operation and at the time of site closure;

    (b) Procedures and funding methods for observers and unannounced inspections on a regular basis to determine conformity with law and the rules of the department relating to the operation of net pen facilities; and

    (c) Operating procedures at marine finfish aquaculture facilities to prevent the escape of marine finfish;

    (6) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada.  The program must provide for the monitoring of escapes of Atlantic salmon from marine aquaculture facilities, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public;

    (7) Provisions for the development of an education program to assist marine finfish aquaculture facilities to operate in an environmentally sound manner.

NEW SECTION. Sec. 4.  There is a moratorium on the creation of new, or the expansion of existing, marine finfish aquaculture facilities until the legislature determines that the provisions of section 3 of this act have been established.

NEW SECTION. Sec. 5.  Compliance with the programs in this chapter by marine finfish aquaculture operators is deemed to be a provision of all future fish transport permits issued by the department.  Marine finfish aquaculture operators may contract with the department or other state agencies to implement the programs and requirements in this chapter.

NEW SECTION. Sec. 6.  Sections 1 through 5 of this act constitute a new chapter in Title 75 RCW.

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