BILL REQ. #:  H-1740.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to shellfish aquaculture research; amending RCW 28B.30.632, 28B.30.634, 28B.20.475, and 28B.20.476; amending 2007 c 216 s 4 (uncodified); adding a new section to chapter 43.21A RCW; creating a new section; and repealing RCW 43.21A.681.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that shellfish aquaculture is a dynamic and rapidly evolving industry that is important to the economy, history, and identity of western Washington and many of its rural coastal communities.
     (2) The legislature further finds that research conducted at its direction under the oversight of Washington sea grant since 2007 has considerably improved the existing scientific knowledge of the environmental effects of shellfish culture and with that knowledge, and at the direction of the legislature, state and local regulatory structures have been or are in the process of being updated to adequately regulate culture activities.
     (3) The legislature further finds that in addition to state and local regulation, the United States army corps of engineers, the national marine fisheries service, and the United States fish and wildlife service provide federal oversight and regulation of shellfish aquaculture and that these federal permits are periodically reviewed and updated based on evolving scientific knowledge.
     (4) The legislature further finds that shellfish aquaculture is a dynamic industry, with culture methods continually evolving in response to changing markets and technology, and as such, continued investment in research can help develop and maintain a thriving industry and a healthy ecosystem.

Sec. 2   RCW 28B.30.632 and 2007 c 341 s 64 are each amended to read as follows:
     (1) The sea grant and cooperative extension shall jointly administer a program to provide field agents to work with local governments, property owners, and the general public to increase the propagation of shellfish, and to address Puget Sound water quality problems within Kitsap, Mason, and Jefferson counties that may limit shellfish propagation potential. The sea grant and cooperative extension shall each make available the services of no less than two agents within these counties for the purposes of this section.
     (2) The responsibilities of the field agents shall include but not be limited to the following:
     (a) Provide technical assistance to property owners, marine industry owners and operators, and others, regarding methods and practices to address nonpoint and point sources of pollution of Puget Sound;
     (b) Provide technical assistance to address water quality problems limiting opportunities for enhancing the recreational harvest of shellfish;
     (c) Provide technical assistance in the management and increased production of shellfish to facility operators or to those interested in establishing an operation;
     (d) Assist local governments to develop and implement education and public involvement activities related to Puget Sound water quality;
     (e) Assist in coordinating local water quality programs with region-wide and statewide programs;
     (f) Provide information and assistance to local watershed committees.
     (3) The sea grant and cooperative extension shall mutually coordinate their field agent activities to avoid duplicative efforts and to ensure that the full range of responsibilities under RCW 28B.30.632 through 28B.30.636 are carried out. They shall consult with the Puget Sound partnership, created in RCW 90.71.210, and ensure consistency with any of the Puget Sound partnership's water quality management plans.
     (4) Recognizing the special expertise of both agencies, the sea grant and cooperative extension shall cooperate to divide their activities as follows:
     (a) Sea grant shall have primary responsibility to address water quality issues related to activities within Puget Sound, and to provide assistance regarding the management and improvement of shellfish production; and
     (b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting Puget Sound water quality and associated watersheds.
     (5) In addition to the other responsibilities of this section, the sea grant program must, consistent with RCW 28B.30.634, establish a shellfish aquaculture public information center to provide the following services:
     (a) Develop a repository of information on sustainable aquaculture practices;
     (b) Work with private growers to provide technical assistance regarding sustainable aquaculture practices and permit and regulation compliance;
     (c) Develop educational materials, kiosks, interpretative centers, and other forums regarding the history, importance, and sustainability of the shellfish industry;
     (d) Serve as a single point of contact for the public and as a public ombuds regarding questions about shellfish aquaculture permitting, enforcement, and concerns;
     (e) Liaison with state and county governments to assist in resolving or explaining public questions and concerns;
     (f) Seek federal funding for aquaculture research and development;
     (g) Serve as an information clearinghouse for aquaculture activities and regulations;
     (h) Serve as a point of contact and a public clearinghouse regarding abandoned aquaculture sites, including investigations into any known owners with site restoration responsibilities and other clean-up options when responsible owners are unknown or nonexistent; and
     (i) Fulfill other duties deemed relevant to the assistance of a vibrant, sustainable, shellfish aquaculture industry.

Sec. 3   RCW 28B.30.634 and 1990 c 289 s 3 are each amended to read as follows:
     (1) Except for the shellfish aquaculture public information center required under RCW 28B.30.632, the sea grant and cooperative extension shall require a match from nonstate sources of at least twenty-five percent of the cost of the services provided, and not exceeding fifty percent of the cost. The match may be either monetary compensation or in-kind services, such as the provision for office space or clerical support. Only direct costs of providing the services, excluding costs of administrative overhead, may be included in the estimate of costs.
     (2) The sea grant is not required to establish or maintain a shellfish aquaculture public information center, as provided in RCW 28B.30.632, if funding is not available from the federal government, the state government, gifts or donations, or from some other source.

Sec. 4   RCW 28B.20.475 and 2007 c 216 s 1 are each amended to read as follows:
     (1) The sea grant program at the University of Washington shall, consistent with this section and RCW 28B.20.476, commission ((a series of)) scientific research studies that examine((s)) the possible negative and positive 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)) and the economic contribution of evolving shellfish aquaculture techniques and practices on Washington's economy and marine ecosystems. The sea grant program shall use funding provided from the ((geoduck)) shellfish aquaculture research account created in RCW 28B.20.476 to review existing literature, ((directly perform)) competitively select research studies identified as needed, ((or to)) and enter into and manage contracts with scientific organizations or institutions to ((accomplish these results)) conduct these studies.
     (2) Prior to entering into a contract with a scientific organization or institution, the sea grant program must:
     (a) Analyze((, through peer review,)) 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) To the degree appropriate, research conducted under this section should be coordinated with any research efforts by the sea grant and other university programs related to ocean acidification.
     (4) 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))) (5) In prioritizing and directing research under this section, the sea grant program shall meet with the department of ecology at least annually and ((rely on)) consider guidance submitted by the department of ecology. The department of ecology shall convene the shellfish aquaculture ((regulatory)) committee created in section ((4, chapter 216, Laws of 2007)) 6 of this act as necessary to serve as ((an oversight)) a steering committee to formulate the guidance provided to the sea grant program. The objective of the ((oversight)) steering committee, and the resulting guidance provided to the sea grant program, is to ensure that the research required under this section ((satisfies)) assists the planning, permitting, and data management needs of the state, to assist in the prioritization of research ((given limited funding)), and to help identify any research that ((is beneficial to complete other than what is listed in subsection (5) of this section)) helps to develop and maintain a thriving industry and a healthy ecosystem.
     (((5))) (6) To satisfy the minimum requirements of subsection (1) of this section, the sea grant program shall review all scientific research that is existing or in progress that examines the possible effect of currently prevalent geoduck practices((,)) on the natural environment((,)) and prioritize and conduct new studies as needed, to measure and assess the following:
     (a) The environmental effects of structures commonly used in the aquaculture industry to protect juvenile geoducks from predation;
     (b) The environmental effects of commercial harvesting of geoducks from intertidal geoduck beds, focusing on current prevalent harvesting techniques, including a review of the recovery rates for benthic communities after harvest;
     (c) The extent to which geoducks in standard aquaculture tracts alter the ecological characteristics of overlying waters while the tracts are submerged, including impacts on species diversity, and the abundance of other benthic organisms;
     (d) Baseline information regarding naturally existing parasites and diseases in wild and cultured geoducks, including whether and to what extent commercial intertidal geoduck aquaculture practices impact the baseline;
     (e) Genetic interactions between cultured and wild geoduck, including measurements of differences between cultured geoducks and wild geoducks in terms of genetics and reproductive status; and
     (f) The impact of the use of sterile triploid geoducks and whether triploid animals diminish the genetic interactions between wild and cultured geoducks.
     (((6))) (7) If adequate funding is not made available for the completion of all research required under this section, the sea grant program shall consult with the shellfish aquaculture ((regulatory)) committee, via the department of ecology, to prioritize which of the enumerated research projects have the greatest cost/benefit ratio in terms of providing information important for regulatory decisions; however, the study identified in subsection (((5))) (6)(b) of this section shall receive top priority. The prioritization process may include the addition of any new studies that may be appropriate in addition to, or in place of, studies listed in this section.
     (((7))) (8) When appropriate, all research commissioned under this section must address localized and cumulative effects of geoduck aquaculture.
     (((8))) (9) 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.
     (((9))) (10) Individual commissioned contracts under this section may address single or multiple components listed for study under this section.
     (((10) All)) (11) The research commissioned under this section must be ((completed and the results)) reported to the ((appropriate committees of the)) legislature ((by December 1, 2013. In addition, the sea grant program shall provide the appropriate committees of the legislature with annual reports updating the status and progress of the ongoing studies that are completed in advance of the 2013 deadline)) consistent with RCW 43.01.036 periodically upon request.

Sec. 5   RCW 28B.20.476 and 2007 c 216 s 2 are each amended to read as follows:
     (1) The ((geoduck)) shellfish aquaculture research account is created in the custody of the state treasurer. All receipts from any legislative appropriations, the aquaculture industry, or any other private or public source directed to the account must be deposited in the account. Expenditures from the account may only be used by the sea grant program for the ((geoduck)) shellfish aquaculture research projects identified by RCW 28B.20.475. 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.
     (2) The sea grant program is not required to commission scientific research studies under RCW 28B.20.475 if funding is not available in the shellfish aquaculture research account established in this section or from another source.

Sec. 6   2007 c 216 s 4 (uncodified) is amended to read as follows:
     (1) The shellfish aquaculture ((regulatory)) committee is established to, consistent with this section, serve as an advisory body to the department ((of ecology on regulatory processes and approvals for all current and new shellfish aquaculture activities, and the activities conducted pursuant to RCW 90.58.060, as the activities relate to shellfish)) with regard to the research conducted pursuant to RCW 28B.20.475. The shellfish aquaculture ((regulatory)) committee is advisory in nature, and no vote or action of the committee may overrule existing statutes, regulations, or local ordinances nor bind the decision-making process required of the University of Washington's sea grant program under RCW 28B.20.475.
     (2) ((The shellfish aquaculture regulatory committee shall develop recommendations as to:
     (a) A regulatory system or permit process for all current and new shellfish aquaculture projects and activities that integrates all applicable existing local, state, and federal regulations and is efficient both for the regulators and the regulated; and
     (b) Appropriate guidelines for geoduck aquaculture operations to be included in shoreline master programs under section 5 of this act. When developing the recommendations for guidelines under this subsection, the committee must examine the following:
     (i) Methods for quantifying and reducing marine litter; and
     (ii) Possible landowner notification policies and requirements for establishing new geoduck aquaculture farms.
     (3)))(a) The members of the shellfish aquaculture ((regulatory)) committee shall be appointed by the director of the department ((of ecology)) as follows:
     (i) Two representatives of county government, one from a county located on the Puget Sound, and one from a county located on the Pacific Ocean;
     (ii) Two individuals who are professionally engaged in the commercial aquaculture of shellfish, one who owns or operates an aquatic farm in Puget Sound, and one who owns or operates an aquatic farm in state waters other than the Puget Sound;
     (iii) Two representatives of organizations representing the environmental community;
     (iv) Two individuals who own shoreline property, one of which does not have a commercial ((geoduck)) shellfish operation on his or her property and one of which who does have a commercial ((geoduck)) shellfish operation on his or her property; and
     (v) One representative each from the following state agencies: The department of ecology, the department of fish and wildlife, the department of agriculture, and the department of natural resources.
     (b) In addition to the other participants listed in this subsection, the governor shall invite the full participation of two tribal governments, at least one of which is located within the drainage of the Puget Sound.
     (((4))) (3) The department ((of ecology)) shall provide administrative and clerical assistance to the shellfish aquaculture ((regulatory)) committee and all agencies listed in subsection (((3))) (2) of this section shall provide technical assistance.
     (((5))) (4) Nonagency members of the shellfish aquaculture ((regulatory)) committee will not be compensated, but are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (((6))) (5) Any participation by a Native American tribe on the shellfish aquaculture ((regulatory)) 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.
     (((7))) (6) The shellfish aquaculture ((regulatory)) committee is authorized to form technical advisory panels as needed and appoint to them members not on the shellfish aquaculture ((regulatory)) committee.
     (((8) The department of ecology shall report the recommendations and findings of the shellfish aquaculture regulatory committee to the appropriate committees of the legislature by December 1, 2007, with a further report, if necessary, by December 1, 2008.))

NEW SECTION.  Sec. 7   Section 6 of this act is codified as a new section in chapter 43.21A RCW.

NEW SECTION.  Sec. 8   RCW 43.21A.681 (Geoduck aquaculture operations -- Guidelines -- Rules) and 2007 c 216 s 5 are each repealed.