BILL REQ. #:  S-0617.3 

Read first time 01/26/2007.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to shellfish aquaculture; adding new sections to chapter 28B.40 RCW; adding a new chapter to Title 15 RCW; creating new sections; and providing expiration dates.

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

NEW SECTION.  Sec. 1   LEGISLATIVE INTENT AND FINDINGS. (1) The legislature declares that shellfish farming is an historic and well-established industry in Washington providing significant environmental and economic benefits to the state and its inhabitants.
     (2) The legislature finds that:
     (a) Shellfish farming provides significant environmental benefits to estuaries in Washington, and estuaries containing shellfish aquaculture are some of the healthiest in the United States. The filtering and recycling processes associated with shellfish feeding are critical in regulating the health of coastal ecosystems. These processes take on even greater importance as human activities and related pollution discharges increase in Washington's marine shoreline areas. These processes help counteract the potentially damaging effects of excessive nutrient enrichment of coastal waters, a process known as eutrophication.
     (b) Native American tribes have federally protected treaty shellfishing rights and harvested shellfish in Washington's marine waters before European settlers arrived in the area, and continue to harvest and culture shellfish on lands both within and outside of their reservations. Native American tribes' deep historic familiarity with Washington's waters and with harvesting shellfish, combined with their concern for the environment, make them an integral party to any discussions or decisions relating to shellfish cultivation in the state.
     (c) Shellfish farming has been a vital part of Washington's rural economy for over a century, and provides increasing opportunities for year-round family wage employment and economic development in areas where shellfish are farmed and processed. In addition, further economic benefits to the state are realized through goods and services provided to shellfish farmers and through the marketing of shellfish farm products.
     (d) The health and viability of the state's marine waters depends on the health and viability of the shellfish aquaculture industry.
     (e) Despite its historic cultural significance, its environmental benefits, and its contributions to the economy, viability of the shellfish farming industry is threatened by overlapping and inconsistent federal, state, and local government regulation. The legislature therefore encourages review and possible restructuring of existing state and local government regulatory programs to encourage development of shellfish farming within the state.
     (f) Shellfish aquaculture activities must be conducted in a manner that is protective of the environment while maintaining the commercial viability of shellfish farms.
     (g) Additional scientific research on the relationship between certain shellfish aquaculture activities and the marine environment, in particular geoduck culture and harvest methods, is necessary to ensure that shellfish aquaculture activities are conducted in an environmentally responsible and economically viable manner.
     (3) It is the purpose of this chapter to develop and promote a comprehensive and efficient shellfish aquaculture regulatory process, informed by research, that protects the state's environment, natural resources, and recreational opportunities. To optimize limited available resources, state regulatory, environmental, and natural resource agencies, the state department of agriculture, Native American tribes, local governments, and public and private sector interests must work cooperatively to establish common goals, minimize regulatory confusion, develop consistency in applying environmental standards, maximize environmental benefits through coordinated investment strategies, and eliminate duplicative processes.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context indicates otherwise.
     (1) "Aquaculture coordinator" means the position authorized in section 5 of this act.
     (2) "Aquatic farmer" has the same meaning as set forth in RCW 15.85.020.
     (3) "Best management practices" means currently available and generally accepted techniques that seek to reduce negative impacts of shellfish aquaculture projects and activities.
     (4) "Committee" means the shellfish aquaculture regulatory efficiency committee created in section 3 of this act.
     (5) "Shellfish aquaculture activities" means activities involved in the seeding, cultivating, and harvesting of farmed molluscan shellfish, including oysters, mussels, scallops, and clams.

NEW SECTION.  Sec. 3   SHELLFISH AQUACULTURE REGULATORY EFFICIENCY COMMITTEE. (1) The shellfish aquaculture regulatory efficiency committee is created. The committee consists of the following voting members: One member representing a coastal Native American tribe; one member representing a Puget Sound Native American tribe; the aquaculture coordinator; one member designated by the director of the department of fish and wildlife; one member designated by the public lands commissioner; one member designated by the director of the department of ecology; one member designated by the Washington state association of counties; one member designated by the Pacific coast shellfish growers association; and one member designated by state environmental organizations.
     (2) The committee shall work within existing regulatory structures to integrate current state and local government environmental standards and regulations into an efficient and consistent regulatory process. The committee may not create new environmental standards or regulations.
     (3) The committee shall propose an integrated regulatory system for all current and new shellfish aquaculture projects and activities and make implementing recommendations to appropriate regulatory agencies.
     (4) The committee may create technical subcommittees as needed. Recommendations made by a technical subcommittee must be approved by a majority of the voting members of the committee.
     (5) Committee members will not be compensated but will receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (6) The department of ecology shall convene all meetings of the committee and provide administrative and clerical assistance to the committee. The office of regulatory assistance shall facilitate all meetings.
     (7) The committee is advisory in nature. No vote of the committee may overrule existing statutes, regulations, or local ordinances.
     (8) The committee shall strive to achieve an integrated regulatory system for shellfish aquaculture activities by December 1, 2007, and must complete it no later than December 1, 2008.
     (9) The committee shall prepare a report to the legislature by December 1, 2007, summarizing its activities and progress toward developing an integrated regulatory system for shellfish aquaculture activities. If the integrated regulatory system for shellfish aquaculture activities is not completed by December 1, 2007, the committee shall prepare a second and final report to the legislature by December 1, 2008, describing the integrated regulatory system.
     (10) The participation of any Native American tribe on the committee shall not, under any circumstances, be viewed as an admission by the tribe that any of its activities, or those of its members, are subject to any of the statutes, regulations, ordinances, standards, or permit systems reviewed, considered, or proposed by the committee.
     (11) This section expires December 1, 2008.

NEW SECTION.  Sec. 4   COMMITTEE RESPONSIBILITIES. (1) The committee and its authorized technical subcommittees shall coordinate state and local regulatory processes and approvals for all current and new shellfish aquaculture activities. The committee shall identify existing environmental standards, assess the application of those standards, and develop an integrated regulatory process based upon environmental standards and best management practices for shellfish aquaculture activities.
     (2) In developing an integrated regulatory process, the committee and its authorized technical subcommittees shall consider all state statutes and regulatory processes that are potentially applicable to shellfish aquaculture operations including, without limitation, the:
     (a) State environmental policy act, chapter 43.21C RCW;
     (b) Shoreline management act, chapter 90.58 RCW;
     (c) Growth management act, chapter 36.70A RCW;
     (d) Aquaculture disease control provisions, chapter 77.115 RCW;
     (e) Aquaculture marketing act, chapter 15.85 RCW;
     (f) Coastal zone management act consistency process (15 U.S.C. Sec. 1456); and
     (g) Clean water act water quality certification process (33 U.S.C. Sec. 1341).
     (3) The statutes and regulatory processes listed in subsection (2) of this section may or may not be applicable to shellfish aquaculture activities. Nothing in this act shall be construed to amend, repeal, or otherwise modify the authority of any state or local government officer, department, or agency to perform any function, responsibility, or activity authorized under any other provision of law.
     (4) The committee shall use the coastal zone management consistency process (15 U.S.C. Sec. 1456) and clean water act water quality certification process (33 U.S.C. Sec. 1341) related to the United States army corps of engineers' permitting of shellfish aquaculture activities as a vehicle for developing an integrated regulatory system for shellfish aquaculture activities in Washington.
     (5) This section expires December 1, 2008.

NEW SECTION.  Sec. 5   AQUACULTURE COORDINATOR. There is established within the department of agriculture an aquaculture coordinator. The aquaculture coordinator shall:
     (1) Participate in the development of an integrated regulatory system for aquaculture activities and facilitate its implementation at the state and local government level;
     (2) Provide technical assistance to aquatic farmers regarding federal, state, and local regulations relating to aquaculture;
     (3) Serve as an information clearinghouse for aquaculture activities and regulations and actively seek federal funding for aquaculture research and development;
     (4) Coordinate development projects to investigate and resolve biological and technical issues involved in raising selected species with commercial potential;
     (5) Undertake other actions necessary to develop the aquaculture industry within the state, including but not limited to completing applications for grant funding for activities related to aquaculture; and
     (6) Perform other functions and activities as may be assigned by the director of the department of agriculture.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.40 RCW to read as follows:
     ADDITIONAL SCIENTIFIC RESEARCH. (1) The Washington sea grant program shall review existing scientific research studies that have been completed, are in progress, or have been funded since issuance of the January 12, 2004, Comprehensive Literature Review And Synopsis Of Issues Relating To Geoduck (Panopea Abrupta) Ecology And Aquaculture Production, examining possible effects of currently prevalent geoduck and other shellfish aquaculture practices on the natural environment.
     (2) To satisfy the minimum requirements of subsection (1) of this section, the Washington sea grant program shall, in consultation with experts in the field from Washington state academic institutions of higher learning (including the University of Washington, Washington State University, Western Washington University, and The Evergreen State College), the department of ecology, the department of fish and wildlife, the department of natural resources, Native American tribes, the northwest Indian fisheries commission, and the shellfish aquaculture industry, review current research and critical knowledge gaps regarding the following potential effects of shellfish and, in particular, geoduck aquaculture:
     (a) The environmental effects of structures commonly used in the aquaculture industry to protect juvenile geoducks from predation. At a minimum the review shall assess:
     (i) Physical and chemical characteristics of the sediment in areas used for geoduck cultivation;
     (ii) Abundance and diversity metrics for infauna, epifauna, and submerged aquatic vegetation in areas used for geoduck cultivation; and
     (iii) Abundance and diversity indices of fouling organisms associated with hard surface structures.
     (b) The effects of harvesting geoducks from intertidal commercial geoduck beds, given prevalent harvesting techniques. At a minimum the review shall assess:
     (i) The effects of harvest disturbance and document patterns of postharvest succession in species of benthic plants and animals;
     (ii) Physical and chemical characteristics or sediments;
     (iii) Abundance and diversity metrics for infauna, epifauna, and submerged aquatic vegetation in sedimentary habitats;
     (iv) The presence, size, and distribution of woody debris or other large natural materials providing solid substrata; and
     (v) The diversity of fouling organisms on solid substrata.
     (c) The extent to which 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 the review shall assess:
     (i) Removal of suspended phytoplankton and detritus by geoduck filtration;
     (ii) Enhancement of suspended detritus resulting from feces and pseudofeces and its affect on light penetration; and
     (iii) Alteration of concentrations of dissolved inorganic nutrients and organic matter as a result of geoduck metabolism.
     (d) Parasites and diseases in both wild and cultured geoduck populations.
     (e) Genetic interactions between cultured and wild geoduck. At a minimum the review shall assess:
     (i) Age at maturation in cultured intertidal geoducks;
     (ii) The proportion of cultured geoducks that spawn during the course of a culture cycle;
     (iii) Characterization of maturation synchrony between wild subtidal geoduck and cultured intertidal geoduck;
     (iv) Genetic variability between cultured geoduck and wild geoduck;
     (v) Relative parental contributions to cultured geoduck; and
     (vi) Evidence of local adaptation.
     (f) The use of sterile triploid geoducks, and whether triploid animals diminish the genetic interactions between wild and cultured geoducks. At a minimum the review shall assess:
     (i) Maturation dynamics in triploid and diploid geoducks; and
     (ii) The rate of reversion to diploidy in triploid geoducks.
     (g) The reproductive success of cultured geoducks. At a minimum the review shall assess:
     (i) Fecundity in geoducks aged two to six years;
     (ii) The effect of planting density on fertilization success; and
     (iii) Larval viability of cultured and wild geoducks.
     (3) The Washington sea grant program shall use funding provided from the shellfish aquaculture research account created in section 7 of this act to enter into and manage contracts with scientific organizations or institutions to complete studies to address the critical knowledge gaps identified during the review specified in subsection (2) of this section.
     (4) Prior to entering into a contract with a scientific organization or institution, the Washington sea grant program must analyze the credibility of the proposed party to the contract, including whether the party has credible experience, knowledge, and access to facilities necessary to fully execute research required by the contract.
     (5) All research commissioned under this section must be subjected to a rigorous peer review process prior to being accepted and reported by the Washington sea grant program.
     (6) When appropriate, all research commissioned under this section should address localized and cumulative effects of geoduck aquaculture.
     (7) All research identified, prioritized, and commissioned under this section shall be completed and the results reported to the appropriate committees of the legislature no later than December 1, 2013. However, the Washington 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 Washington 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. 7   A new section is added to chapter 28B.40 RCW to read as follows:
     The shellfish 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 Washington sea grant program for the research projects identified by section 6 of this act. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 8   Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 9   Sections 1, 2, and 5 of this act constitute a new chapter in Title 15 RCW.