BILL REQ. #:  H-0973.2 

Read first time 01/22/2007.   Referred to Committee on Select Committee on Puget Sound.

     AN ACT Relating to shellfish aquaculture in Puget Sound; amending RCW 79.135.110; adding new sections to chapter 28B.20 RCW; adding new sections to chapter 90.58 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.20 RCW to read as follows:
     (1) The sea grant program at the University of Washington shall, consistent with this section, commission a series of scientific research studies that examines the possible effects, including the cumulative effects, of the current prevalent geoduck aquaculture techniques and practices on the natural environment in and around Puget Sound, including the Strait of Juan de Fuca. The sea grant program shall use funding provided from the geoduck aquaculture research account created in section 2 of this act to directly perform the research or to enter into and manage contracts with scientific organizations or institutions.
     (2) Prior to entering into a contract with a scientific organization or institution, the sea grant program must:
     (a) Analyze the credibility of the proposed party to the contract, including whether the party has credible experience and knowledge and has access to the facilities necessary to fully execute the research required by the contract; and
     (b) Require that all proposed parties to a contract fully disclose any past, present, or planned future personal or professional connections with the shellfish industry or public interest groups.
     (3) All research commissioned under this section must be subjected to a rigorous peer review process prior to being accepted and reported by the sea grant program.
     (4) To satisfy the minimum requirements of subsection (1) of this section, the sea grant program shall commission and manage research contracts examining the following potential effects of geoduck aquaculture:
     (a) At least one study that measures the environmental effects of the structures commonly used in the aquaculture industry to protect juvenile geoducks from predation. This study must focus on at least two types of common structural predator exclusion devices: Dense aggregations of plastic tubes and netting arrays. The exclusion devices must be studied for their effects on the natural environment, including:
     (i) The physical and chemical characteristics of the sediment;
     (ii) The abundances and diversity metrics for infauna, epifauna, and submerged aquatic vegetation; and
     (iii) The abundances and diversity indices of fouling organisms associated with hard surface structures.
     (b) At least one study that assesses the effects of harvesting geoducks from intertidal commercial geoduck beds given the common prevalent harvesting techniques. This study must assess the effects of harvest disturbance and document patterns of postharvest succession in species of benthic plants and animals. At a minimum, the study must collect data for:
     (i) The physical and chemical characteristics or sediments;
     (ii) The abundances and diversity metrics for infauna, epifauna, and submerged aquatic vegetation in sedimentary habitats;
     (iii) The presence, size, and distribution of woody debris or other large natural materials that provide solid substrata; and
     (iv) The diversity of fouling organisms on solid substrata.
     (c) At least one study that assesses the extent to which unnaturally high densities of geoducks in standard aquaculture tracts alter the ecological characteristics, including species diversity and the abundance of other benthic organisms, of overlying waters when the tracks are submerged. At a minimum, this study must address the potential effects of:
     (i) The removal of suspended phytoplankton and detritus by geoduck filtration;
     (ii) The enhancement of suspended detritus resulting from feces and pseudofeces and its effect on light penetration; and
     (iii) The alteration of concentrations of dissolved inorganic nutrients and organic matter as a result of geoduck metabolism.
     (d) At least one study to determine baseline information for naturally existing parasites and diseases in wild geoduck populations.
     (e) At least one study to explore whether genetic interactions between cultured and wild geoduck may place wild stocks at risk by measuring genetic differences between cultured and wild geoducks and ascertaining the reproductive status of cultured geoduck relative to wild geoduck. At a minimum, this study must include:
     (i) A determination of age at maturation in cultured intertidal geoducks;
     (ii) An estimation of the proportion of cultured geoducks that spawn during the course of a culture cycle;
     (iii) The characterization of maturation synchrony between wild subtidal geoduck and cultured intertidal geoduck;
     (iv) A comparison of genetic variability between cultured geoduck and wild geoduck;
     (v) An estimation of the relative parental contributions to farmed geoduck; and
     (vi) Testing for evidence of local adaptation.
     (f) At least one study that examines if the use of sterile triploid geoducks would diminish the genetic interactions between wild and cultured geoducks. At a minimum, this study must include:
     (i) A comparison of maturation dynamics in triploid and diploid geoducks; and
     (ii) An investigation of the rate of reversion to diploidy in triploid geoducks.
     (g) At least one study that examines the carrying capacity of intertidal lands as they relate to geoducks.
     (h) At least one study that determines the reproductive success of cultured geoducks. At a minimum, this study must address:
     (i) An estimation of fecundity at age in geoducks aged two to six years;
     (ii) A determination of the effect of planting density on fertilization success; and
     (iii) A comparison of the larval viability of cultured and wild geoducks.
     (5) When appropriate, all research commissioned under this section must address localized and cumulative effects of geoduck aquaculture.
     (6) The sea grant program and the University of Washington are prohibited from retaining greater than fifteen percent of any funding provided to implement this section for administrative overhead or other deductions not directly associated with conducting the research required by this section.
     (7) All research commissioned under this section must be completed and the results reported to the appropriate committees of the legislature by December 1, 2013. However, the sea grant program shall prioritize the studies required by this section and complete and report the results of studies that require a shorter timeline for completion in advance of the 2013 deadline. In addition, the sea grant program shall provide the appropriate committees of the legislature with annual reports updating the status and progress of the required studies.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.20 RCW to read as follows:
     The geoduck aquaculture research account is created in the custody of the state treasurer to receive any legislative appropriations earmarked for the account. Expenditures from the account may only be used by the sea grant program for the geoduck research projects identified by section 1 of this act. Only the president of the University of Washington or the president's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 3   RCW 79.135.110 and 2005 c 155 s 701 are each amended to read as follows:
     (1) The beds of all navigable tidal waters in the state lying below extreme low tide, except as otherwise prohibited by this section and by Article XV, section 1 of the state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for other aquaculture use, for periods not to exceed thirty years.
     (2) Except for contracts that have had a request for offer issued prior to the effective date of this section, the department is prohibited from entering into any leases that would permit the commercial aquaculture of geoducks on state-owned aquatic lands associated with Puget Sound, including the Strait of Juan de Fuca until one full calendar year after the sea grant program at the University of Washington reports to the legislature the results of the studies required by section 1 of this act.
     (3) Nothing in this section shall prevent any person from leasing more than one parcel, as offered by the department.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.58 RCW to read as follows:
     (1) All geoduck aquaculture operations located or proposed to be located on lands or waters associated with Puget Sound or the Strait of Juan de Fuca, regardless of whether or not the operation would otherwise require permitting under this chapter or whether or not the operation is included in an approved local master program, may only exist and operate if the operation receives a permit as a conditional use under RCW 90.58.090(5).
     (2) The department, prior to approving a geoduck aquaculture operation as a conditional use, shall ensure that the permit requires the geoduck aquaculture operation to satisfy, at a minimum, the following standards:
     (a) That an adequate baseline survey of the aquatic habitat in existence on the land proposed to be planted with geoduck seed has been completed to the department's satisfaction;
     (b) The geoduck aquaculture operation is prepared and planted in a way that establishes adequate setbacks and buffers, as determined by the department, from eelgrass beds, herring and smelt spawning grounds, and the habitat of species listed on the state or federal endangered species list;
     (c) The timing of physical operations on the geoduck aquaculture operation is limited to times determined by the department to minimize ecosystem and neighborhood impacts;
     (d) The geoduck aquaculture operator has executed a bond in an amount established by the department to adequately fund cleanup and mitigation costs incurred by the operation;
     (e) All equipment used on the geoduck aquaculture operation, including the maintenance, placement, and design of the equipment, is consistent with specifications adopted by the department to minimize noise, bird entrapment, material escape, and other environmental impacts;
     (f) Geoduck seed used for planting will be generated from brood stock native to the region of the planting and genetic profiling of the brood stock will be completed on a time schedule developed by the department;
     (g) Brood stock and geoduck seed will be tested for shellfish pathogens by a certified laboratory according to standards developed by the department;
     (h) Postharvest surveys will be completed according to specifications identified by the department to determine potential impacts to marine vegetation and other habitat alterations;
     (i) All records will be kept and made available by the geoduck aquaculture operator in a manner identified by the department; and
     (j) A provision exists in the permit to allow the department or the local government to revoke the permit of any geoduck aquaculture operation that is found to have violated any of the conditions of this section.
     (3) The department shall, in the administration of this section:
     (a) Consider all cumulative effects of geoduck aquaculture operations as well as localized effects; and
     (b) Consult with, and rely on the information provided by, the department of fish and wildlife.
     (4) Decisions made by the department under this section regarding the approval of permitting for geoduck aquaculture operations are subject to RCW 43.21C.030.

NEW SECTION.  Sec. 5   A new section is added to chapter 90.58 RCW to read as follows:
     The permit conditions placed on geoduck aquaculture operations by section 4 of this act are intended to serve as minimal, basic protections necessary to preserve the health and enjoyment of Puget Sound while the sea grant program at the University of Washington commissions a series of scientific studies on the effects of geoduck aquaculture on the natural environment as provided in section 1 of this act. It is the intent of the legislature to revisit these protections after the sea grant program delivers its final report to the appropriate committees of the legislature.

NEW SECTION.  Sec. 6   The department of ecology may adopt any rules, consistent with chapter 34.05 RCW, that it deems necessary to administer this act.

NEW SECTION.  Sec. 7   Sections 1 and 2 of this act expire July 1, 2014.