READ FIRST TIME 03/05/03.   

     AN ACT Relating to geoducks; and adding a new section to chapter 79.96 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79.96 RCW to read as follows:
     (1) By January 1, 2004, the department and the department of fish and wildlife shall initiate an agreement to conduct joint research projects with the geoduck harvesters association, holders of aquatic farm registrations, and recognized treaty tribes of Washington, hereinafter referred to as cooperators, for an initial term of ten years, with the option of an additional term of ten years, to examine the subtidal geoduck aquaculture industry in the state of Washington.
     (2) The geoduck aquaculture research project must use scientific methods to determine sustainability of geoduck aquaculture and assess potential impacts to the aquatic ecosystem.
     (3) The department shall lease the use of state-owned aquatic lands for the geoduck aquaculture research project and shall determine the location of leases and project design jointly with the cooperators. Each cooperator leasing land shall provide geoduck clam seed produced in hatcheries located in Washington state, materials, and labor for their respective lease. The department will establish lease fees on a per acre basis, not to exceed one thousand dollars per acre.
     (a) The department shall designate no fewer than five areas of aquatic lands owned by the state to lease on which to implement the geoduck aquaculture research project. The department and cooperators shall determine the size and location of the areas, which shall comprise approximately fifty acres, of approximately ten acres each.
     (b) Identification of areas with density of geoduck clams below the level that constitutes a natural bed must be made in accordance with the tribes, pursuant to applicable federal court order. The treaty tribes retain the right, as provided under court order, to inspect study areas.
     (4) At the end of the first year of the geoduck aquaculture research project and each year thereafter, the department shall provide a progress report on the project to the standing legislative committees with jurisdiction. The second report and all subsequent reports must include an assessment of geoduck aquaculture, its impact on the aquatic ecosystem, and recommendations regarding continuation or expansion of the research project. Each report must include the perspective of the association, the geoduck aquaculture industry, and the tribes.