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SECOND SUBSTITUTE HOUSE BILL 1499
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 03/08/2001. Referred to
Committee on .
Regulating marine fin
fish aquaculture.
AN ACT Relating to the
regulation of marine fin fish aquaculture by the department of fish and
wildlife; and adding a new chapter to Title 77 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. Marine aquaculture net
pen facilities in Washington state have accidentally released Atlantic salmon
into Puget Sound. It is necessary to minimize escapes through the
implementation of statewide prevention measures.
NEW SECTION. Sec.
2. For the purposes of this
chapter, "marine aquatic farming location" means a complete complex
that may be composed of various marine enclosures, net pens, or other rearing
vessels, food handling facilities, or other facilities related to the rearing
of Atlantic salmon or other fin fish in marine waters. A marine aquatic
farming location is distinguished from the individual facilities that
collectively compose the location.
NEW SECTION. Sec.
3. The director, in
cooperation with the marine fin fish aquatic farmers, shall develop proposed
rules for the implementation, administration, and enforcement of marine fin
fish aquaculture programs. In developing such proposed rules, the director
must use a negotiated rule-making process pursuant to RCW 34.05.310. The
proposed rules shall be submitted to the appropriate legislative committees by
January 1, 2002, to allow for legislative review of the proposed rules. The
proposed rules shall include the following elements:
(1) Provisions for the
prevention of escapes of cultured marine fin fish aquaculture products from
enclosures, net pens, or other rearing vessels;
(2) Provisions for the
development and implementation of management plans to facilitate the most rapid
recapture of live marine fin fish aquaculture products that have escaped from
enclosures, net pens, or other rearing vessels, and to prevent the spread or
permanent escape of these products;
(3) Provisions for the
development of management practices based on the latest available science, to
include:
(a) Procedures for
inspections of marine aquatic farming locations on a regular basis to determine
conformity with law and the rules of the department relating to the operation
of marine aquatic farming locations; and
(b) Operating
procedures at marine aquatic farming locations to prevent the escape of marine
fin fish, to include the use of net antifoulants;
(4) Provisions for the
eradication of those cultured marine fin fish aquaculture products that have
escaped from enclosures, net pens, or other rearing vessels found spawning in
state waters;
(5) Provisions for the
determination of appropriate species, stocks, and races of marine fin fish
aquaculture products allowed to be cultured at specific locations and sites;
(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 aquatic farming locations, monitor the
occurrence of naturally produced Atlantic salmon, determine the impact of
Atlantic salmon on naturally produced and cultured fin fish stocks, provide a
focal point for consolidation of scientific information, and provide a forum
for interaction and education of the public; and
(7) Provisions for the
development of an education program to assist marine aquatic farmers so that
they operate in an environmentally sound manner.
NEW SECTION. Sec.
4. Rules to implement this
act shall be adopted no sooner than thirty days following the end of the 2002
regular legislative session. The director shall provide a written report to
the appropriate legislative committees by January 1, 2003, on the progress of
the program.
NEW
SECTION. Sec. 5. Sections 1 through 4 of
this act constitute a new chapter in Title 77 RCW.
