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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.
