BILL REQ. #: S-4111.1
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/17/2006. Referred to Committee on International Trade & Economic Development.
AN ACT Relating to promoting underwater viewing; amending RCW 43.330.090, 77.12.065, 79.105.050, 79A.05.360, and 79A.25.005; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that Puget Sound and
the other waters of Washington state contain an abundance of varied and
unique marine life and other natural attractions that are of interest
to divers and other recreationalists from all over the world. The
legislature further finds that in addition to the usual benefits from
tourism, the promotion of underwater viewing tourism in the waters of
Washington state will enhance efforts to protect Puget Sound by
assisting in educating residents and nonresidents as to the value of
the marine environment. The legislature therefore finds that
Washington state's efforts to promote nature-based tourism should
include the natural wonder of underwater Washington.
Sec. 2 RCW 43.330.090 and 2005 c 136 s 14 are each amended to
read as follows:
(1) The department shall work with private sector organizations,
local governments, local associate development organizations, and
higher education and training institutions to assist in the development
of strategies to diversify the economy, facilitate technology transfer
and diffusion, and increase value-added production by focusing on
targeted sectors. The targeted sectors may include, but are not
limited to, software, forest products, biotechnology, environmental
industries, recycling markets and waste reduction, aerospace, food
processing, tourism, film and video, microelectronics, new materials,
robotics, and machine tools. The department shall, on a continuing
basis, evaluate the potential return to the state from devoting
additional resources to a targeted sector's approach to economic
development and including additional sectors in its efforts. The
department shall use information gathered in each service delivery
region in formulating its sectoral strategies and in designating new
targeted sectors.
(2) The department shall pursue a coordinated program to expand the
tourism industry throughout the state in cooperation with the public
and private tourism development organizations. The department, in
operating its tourism program, shall:
(a) Promote Washington as a tourism destination to national and
international markets to include nature-based and wildlife and
underwater viewing tourism;
(b) Provide information to businesses and local communities on
tourism opportunities that could expand local revenues;
(c) Assist local communities to strengthen their tourism
partnerships, including their relationships with state and local
agencies;
(d) Provide leadership training and assistance to local communities
to facilitate the development and implementation of local tourism
plans;
(e) Coordinate the development of a statewide tourism and marketing
plan. The department's tourism planning efforts shall be carried out
in conjunction with public and private tourism development
organizations including the department of fish and wildlife, the
department of natural resources, the state parks and recreation
commission, the interagency committee for outdoor recreation, and other
appropriate agencies. The plan shall specifically address mechanisms
for: (i) Funding national and international marketing and nature-based
tourism efforts; (ii) interagency cooperation; and (iii) integrating
the state plan with local tourism plans.
(3) The department may, in carrying out its efforts to expand the
tourism industry in the state:
(a) Solicit and receive gifts, grants, funds, fees, and endowments,
in trust or otherwise, from tribal, local or other governmental
entities, as well as private sources, and may expend the same or any
income therefrom for tourism purposes. All revenue received for
tourism purposes shall be deposited into the tourism development and
promotion account created in RCW 43.330.094;
(b) Host conferences and strategic planning workshops relating to
the promotion of nature-based and wildlife and underwater viewing
tourism;
(c) Conduct or contract for tourism-related studies;
(d) Contract with individuals, businesses, or public entities to
carry out its tourism-related activities under this section;
(e) Provide tourism-related organizations with marketing and other
technical assistance;
(f) Evaluate and make recommendations on proposed tourism-related
policies.
(4)(a) The department shall promote, market, and encourage growth
in the production of films and videos, as well as television
commercials within the state; to this end the department is directed to
assist in the location of a film and video production studio within the
state.
(b) The department may, in carrying out its efforts to encourage
film and video production in the state, solicit and receive gifts,
grants, funds, fees, and endowments, in trust or otherwise, from
tribal, local, or other governmental entities, as well as private
sources, and may expend the same or any income therefrom for the
encouragement of film and video production. All revenue received for
such purposes shall be deposited into the film and video promotion
account created in RCW 43.330.092.
(5) In assisting in the development of a targeted sector, the
department's activities may include, but are not limited to:
(a) Conducting focus group discussions, facilitating meetings, and
conducting studies to identify members of the sector, appraise the
current state of the sector, and identify issues of common concern
within the sector;
(b) Supporting the formation of industry associations, publications
of association directories, and related efforts to create or expand the
activities or industry associations;
(c) Assisting in the formation of flexible networks by providing
(i) agency employees or private sector consultants trained to act as
flexible network brokers and (ii) funding for potential flexible
network participants for the purpose of organizing or implementing a
flexible network;
(d) Helping establish research consortia;
(e) Facilitating joint training and education programs;
(f) Promoting cooperative market development activities;
(g) Analyzing the need, feasibility, and cost of establishing
product certification and testing facilities and services; and
(h) Providing for methods of electronic communication and
information dissemination among firms and groups of firms to facilitate
network activity.
Sec. 3 RCW 77.12.065 and 2003 c 183 s 1 are each amended to read
as follows:
The department shall manage wildlife and habitat programs,
including underwater wildlife and habitat programs, in a manner that
provides for public opportunities to view wildlife and underwater life
and supports wildlife and underwater viewing tourism without impairing
the state's wildlife resources or their natural habitats.
Sec. 4 RCW 79.105.050 and 2005 c 155 s 141 are each amended to
read as follows:
The department shall foster the commercial and recreational use of
the aquatic environment for production of food, fibre, income, and
public enjoyment from state-owned aquatic lands and from associated
waters, including opportunities for underwater viewing in naturally
occurring aquatic habitat, and to this end the department may develop
and improve production and harvesting of seaweeds and sealife attached
to or growing on aquatic land or contained in aquaculture containers,
but nothing in this section alters the responsibility of other state
agencies for their normal management of fish, shellfish, game, and
water.
Sec. 5 RCW 79A.05.360 and 1999 c 249 s 1301 are each amended to
read as follows:
The commission may establish a system of underwater parks to
provide for diverse recreational diving opportunities and to conserve
and protect unique marine resources of the state of Washington. In
establishing and maintaining an underwater park system, the commission
may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management agreements with other
units of state government for the management of lands, tidelands, and
bedlands as underwater parks;
(3) Construct artificial reefs and other underwater features to
enhance marine life and recreational uses of an underwater park;
(4) Accept gifts and donations for the benefit of underwater parks;
(5) Facilitate private efforts to construct artificial reefs and
underwater parks;
(6) Work with the federal government, local governments and other
appropriate agencies of state government, including but not limited to:
The department of natural resources, the department of fish and
wildlife and the natural heritage council to carry out the purposes of
this chapter; and
(7) Contract with other state agencies or local governments for the
management of an underwater park unit.
The commission may also take such actions as appropriate to support
underwater viewing tourism.
Sec. 6 RCW 79A.25.005 and 1989 c 237 s 1 are each amended to read
as follows:
(1) As Washington begins its second century of statehood, the
legislature recognizes that renewed efforts are needed to preserve,
conserve, and enhance the state's recreational resources. Rapid
population growth and increased urbanization have caused a decline in
suitable land for recreation and resulted in overcrowding and
deterioration of existing facilities. Lack of adequate recreational
resources directly affects the health and well-being of all citizens of
the state, reduces the state's economic viability, and prevents
Washington from maintaining and achieving the quality of life that it
deserves.
It is therefore the policy of the state and its agencies to
preserve, conserve, and enhance recreational resources and open space.
In carrying out this policy, the mission of the interagency committee
for outdoor recreation and its staff is to (a) create and work actively
for the implementation of a unified statewide strategy for meeting the
recreational needs of Washington's citizens, (b) represent and promote
the interests of the state on recreational issues in concert with other
state and local agencies and the governor, (c) encourage and provide
interagency and regional coordination, and interaction between public
and private organizations, (d) administer recreational grant-in-aid
programs and provide technical assistance, and (e) serve as a
repository for information, studies, research, and other data relating
to recreation.
(2) Washington is uniquely endowed with fresh and salt waters rich
in scenic and recreational value. This outdoor heritage enriches the
lives of citizens, attracts new residents and businesses to the state,
and is a major support of its expanding tourist industry. Rising
population, increased income and leisure time, and the rapid growth of
boating and other water sports have greatly increased the demand for
water related recreation, while waterfront land is rapidly rising in
value and disappearing from public use. There is consequently an
urgent need for the acquisition or improvement of waterfront land on
fresh and salt water suitable for marine recreational use by Washington
residents and visitors. To meet this need, it is necessary and proper
that the portion of motor vehicle fuel taxes paid by boat owners and
operators on fuel consumed in their watercraft and not reclaimed as
presently provided by law should be expended for the acquisition or
improvement of marine recreation land on the Pacific Ocean, Puget
Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters
of the state.
NEW SECTION. Sec. 7 (1) The department of community, trade, and
economic development; the department of fish and wildlife; the
department of natural resources; the state parks and recreation
commission; and the interagency committee for outdoor recreation shall
host a working conference on promoting underwater viewing tourism. The
objective of the conference shall be to adopt a strategic plan and
specific implementing actions to promote underwater viewing tourism in
Washington in a manner that provides sustainable economic development
in the state's rural and urban areas, enhances underwater recreational
opportunity, and supports maintaining the state's underwater diversity
and health of the natural marine environment.
(2) The agencies shall work with interested local governments,
other state agencies, tribes, visitor and convention bureaus, the
hospitality industry, tourism development organizations, tour operators
and other private sector interests, marine and underwater recreation
interests, educators, and conservation organizations in preparing for
and conducting the conference. The conference should be held in
conjunction with an annual conference on promoting wildlife viewing
tourism. The agencies shall guide preparation for the conference by
surveying programs and activities in other states and compiling
information on current programs, infrastructure, and promotional
activities regarding wildlife and underwater viewing tourism in
Washington. To enhance the effectiveness of the conference and its
products, the agencies shall seek to frame issues and outline options
for improvement through discussion papers and preliminary meetings with
interest groups.
(3) Among the topics that the departments and interest groups
should address at the conference are:
(a) Strategies to increase revenues and benefits to Washington
communities with underwater viewing resources that have identified
tourism as part of their economic development strategy;
(b) Strengthening the underwater viewing tourism elements of
gateway community partnerships among state and local transportation,
economic development, and parks and natural resource agencies;
(c) Providing leadership and services by state agencies to assist
local communities to assess their local underwater viewing resources
and to market tourism centered upon such resources;
(d) Assessing the carrying capacity of underwater viewing sites and
facilities that support underwater viewing activity; and
(e) Developing proposals to increase use of state funding available
to local communities to implement local underwater viewing tourism
plans, including assessing resources, providing infrastructure specific
to underwater viewing tourism, festival development, and marketing.
(4) The agencies shall prepare a summary of the conference
proceedings and proposals for the legislature to be submitted to the
appropriate committees of the legislature no later than December 15,
2007.
NEW SECTION. Sec. 8 (1) In several locations throughout the
world, the use of ships as artificial reefs has helped promote
underwater viewing tourism. The department of community, trade, and
economic development; the department of fish and wildlife; the
department of natural resources; the state parks and recreation
commission; and the department of ecology shall establish a work group
on the use of ships as artificial reefs. To the extent funds are made
available, the department of community, trade, and economic development
may commission an independent study to assist the agencies' work group
in its deliberations. The objectives of the work group shall be to:
(a) Review the best available information regarding the
environmental, economic, funding, liability, and other issues involved
in the use of ships as artificial reefs; and
(b) Consider the appropriate roles for each agency and the roles of
other federal, state, and local agencies in the planning, permitting,
construction, maintenance, and operation of ships as artificial reefs.
(2) The agencies shall work with interested local governments,
other state agencies, tribes, visitor and convention bureaus, the
hospitality industry, tourism development organizations, tour operators
and other private sector interests, marine and underwater recreation
interests, educators, and conservation organizations in conducting this
review.
(3) Among the topics that the departments should address are:
(a) Assessing the availability of appropriate locations in Puget
Sound at the appropriate depths after the elimination of existing areas
reserved for shipping lanes, shellfish beds, areas with water quality
concerns that would preclude placement of a vessel, commercial fishing
areas, and areas with restrictions due to national security concerns or
national defense activity;
(b) What are the possible long-term environmental consequences,
including those to habitat and marine life, of the use of ships as
artificial reefs, and what steps would need to be taken prior to the
state allowing the sinking of a ship to be used as an artificial reef.
At a minimum, this should include an assessment of:
(i) Water quality impacts and the residual impacts to the
underlying land, over time, as the vessel breaks down, such as
accumulation of contaminants in the sediment;
(ii) Potential impacts that sinking a ship would have on predation
of juvenile salmonid and other state or federally listed species;
(c) What are the possible long-term economic consequences and what
are the costs, both capital and operating, of the use of ships as
artificial reefs, including the costs of cleaning a ship to appropriate
environmental standards;
(d) What funding would need to be secured prior to the state
allowing the sinking of a ship to be used as an artificial reef and
what sources of funding are, or can be made, available for this
purpose; and
(e) What are the legal liabilities and exposures for the state in
using ships as artificial reefs.
(4) The agencies shall prepare a summary of the work group findings
to be submitted to the appropriate committees of the legislature no
later than December 15, 2007.