SB 5619 — Conserving and restoring kelp forests and eelgrass meadows in Washington state.

S-4034.1Z-0483.1 SUBSTITUTE SENATE BILL 5619 State of Washington 67th Legislature 2022 Regular Session By Senate Agriculture, Water, Natural Resources & Parks (originally sponsored by Senators Lovelett, Conway, Das, Hasegawa, Nobles, Pedersen, Randall, Rolfes, Saldaña, Stanford, Van De Wege, and C.

by request of Department of Natural Resources)Resources READPrefiled FIRST12/30/21. TIME 01/28/22.

Read first time 01/10/22.

Referred to Committee on Agriculture, Water, Natural Resources & Parks.

These marine forests and meadows play an important role in climate mitigation and adaptation by sequestering carbon and relieving impacts from ocean acidification.

A 2018 study conducted by the Samish Indian Nation on the bull kelp beds in the p.

1 SSBSB 5619 conducted by the Samish Indian Nation on the bull kelp beds in the San Juan Islands found a 305-acre loss of kelp beds from 2006 to 2016, a 36 percent decline in one decade.

Decline in kelp forests threatens these uses, and the cultural livelihoods of Northwestcoast tribalSalish nations.peoples.

(4) Washington state's native eelgrass meadows (Zostera marina) also provide vital habitat for many organisms, including nursery habitat for juvenile salmon and feeder fish.

NativeEelgrass eelgrassalso canhelps provideprevent aerosion refugeand formaintain shellfishshoreline fromstability theby effectsanchoring ofseafloor oceansediment acidification.with its spreading roots and rhizomes.

NativeEelgrass eelgrassis alsoused helpsas preventan erosionindicator andof maintainestuary shorelinehealth, stabilitybecause byof anchoringits seafloorfast sedimentresponse withto itschanges spreadingin rootswater andquality. rhizomes.

NativeExamples of rapid eelgrass isloss usedinclude asWestcott anBay indicatorin ofSan estuaryJuan health,county, becausewhere in 2000 there were 37 acres of itseelgrass fastmeadows responseand to20 changesyears inlater waterless quality.than one acre remains.

Examples of rapid native eelgrass loss include Westcott Bay in San Juan county, where in 2000 there were 37 acres of eelgrass meadows and 20 years later less than one acre remains.

(6) There is a need for greater education and outreach to communities to promote sustainable recreationrecreational practices in and near native kelp forests and eelgrass meadows,meadows. such as those called for in the Puget Sound kelp conservation and recovery plan.

(7)(6) Existing regional plans for conservation of kelp forests and eelgrass meadows, including the Puget Sound kelp conservation and p.recovery plan (2020) and the Puget Sound eelgrass recovery strategy (2015), identify the need to prioritize areas for conservation and restoration based on historical and current distributions.

2(7) SSBThe 5619legislature recoveryfurther planfinds (2020)that andour theterrestrial Pugetand Soundmarine eelgrassecosystems recoveryare strategyinterlinked (2015),and identify the needstate tomust prioritizebe areasproactive forin conservationp. and restoration based on historical and current distributions.

(8)2 ExistingSB state5619 plansconserving forour combattingresources oceanfrom acidificationtrees into Washington,seas adoptedby inprotecting 2013 and 2017,restoring identifyour actionsmarine toforests advance research and exploremeadows conservationin andconcert restorationwith ofconservation kelp and eelgrass,reforestation along with other aquatic vegetation, to help mitigate impacts of oceanterrestrial acidificationforests. locally.

(9)Therefore, Theit legislatureis furtherthe findsintent thatof our terrestrial and marine ecosystems are interlinked and the statelegislature must be proactive in conserving our resources from trees to seasconserve byand protectingrestore and10,000 restoringacres ourof marinekelp forests and eelgrass meadows inby concert2040. with conservation and reforestation of terrestrial forests.

Therefore, it is the intent of the legislature to conserve and restore 10,000 acres of native kelp forests and eelgrass meadows by 2040.

(1) The department shall, consistent with this section, and subject to available funding, work with partners to establish a native kelp forest and eelgrass meadow health and conservation plan that endeavors to, by the year 2040, conserve and restore at least 10,000 acres of native kelp forests and eelgrass meadows.

(a) The potential loss of native kelp forest and eelgrass meadow habitat throughout Puget Sound and along the Washington state coastline;

and (b) Potential current and future stressors related to the decline of native kelp forests and eelgrass meadows;meadows.

and(2) (c)The Awareness,department action,shall anddevelop engagementthe toolsplan, being used by public and private entities in thecollaboration Pugetwith Soundpartners, region to raiseassess awareness of the importance of conserving and restoringprioritize nativeareas kelpfor forestscoordinated andconservation eelgrass meadows and reducingrestoration stressorsactions. related to their decline.

(2) The department shall develop the plan to assess and prioritize areas for coordinated conservation and restoration actions.

(a) The department shall, together with partners, develop a framework to identify and prioritize native kelp forest andareas eelgrassin p.greatest need of conservation or restoration.

3The SSBframework 5619must meadowincorporate: areas in greatest need of conservation or restoration.

The(i) frameworkConservation must:of kelp forests and eelgrass meadows.

(i)Utilize Incorporateand conservationbuild on existing research to map and prioritize areas of nativekelp forests and eelgrass meadows throughout Puget Sound and along the coast that are at highest risk of permanent loss, or contribute significant environmental, economic, and cultural benefits to tribal nations and local communities, including salmon recovery and water quality, and where opportunities for partnership and collaboration can accelerate progress towards the goal, and develop criteria by which an acre of kelp forests and eelgrass meadows.meadows can be considered to be conserved or restored;

Utilize(ii) andMap build on existing research to map and prioritize areas of native kelp forestsforest and eelgrass meadowsmeadow areas throughout Puget Sound and along the coast thatwhere arethey atwere highesthistorically riskpresent, ofidentifying permanentpriority loss,locations orfor contributerestoration, significant environmental, economic, and cultural benefits to tribal nations and local communities, including salmon recovery and water quality, and where opportunities for partnership and collaboration canexist acceleratethat progressp. towards the goal, and develop criteria by which an acre of kelp forests and eelgrass meadows can be considered to be conserved or restored;

(ii)3 IdentifySB research5619 necessarywill toaccelerate analyzeprogress andtowards assessthe potentialgoal. ecological, environmental, and community benefits of aquaculture of native seaweed species;

(iii)This Mapshould andinclude prioritizeidentification nativeof kelpsites forestwhere andrestoration eelgrassmay meadowbe areaspossible throughout Puget Sound and alongwould themost coastbenefit wherenearshore theyecosystem werefunction, historicallyincluding present,where identifyingrestoration prioritycould locationsalso forsupport restoration,healthy andkelp whereforests opportunities for partnership and collaborationeelgrass existmeadows, thatsalmon willrecovery, acceleratewater progressquality, towardsand theother goal.ecosystem benefits;

This(iii) shouldIdentify includepotential identificationstressors ofimpacting sitesthe wherehealth restoration may be possible and wouldvitality mostof benefit nearshore ecosystem function, including where restoration could also support healthy kelp forests and eelgrass meadows,meadows salmonin recovery,prioritized waterareas quality,in andorder otherto ecosystemspecifically benefits,address suchthem asin mitigatingconservation theand negativerestoration effectsefforts. of ocean acidification;

(iv)(b) IdentifyThe potentialdepartment stressorsshall impactingcollaborate thewith healthimpacted tribal nations, and vitalityother oflocal nativeand kelpregional forestspartners, andto eelgrassaddress meadowsconservation inand prioritizedrestoration areasneeds in orderthe topriority specificallyareas addressand themthe inappropriate conservationtools and restorationpartnerships efforts.to address them.

(b) In developing coordinated actions and success measures, the department shall:

(i) Conduct an assessment and inventory of existing tools relevant to conserving and restoring native kelp forests and eelgrass meadows and reducing stressors related to their decline;

(3)(3)(a) InBy developingDecember the1, plan,2022, the department shall:must submit a report in compliance with RCW 43.01.036 to the office of financial management and the appropriate committees of the legislature, that includes a map and justification of identified priority areas, determines an approach to monitoring the kelp forest and eelgrass meadow areas that are meeting the criteria for conservation or restoration established in the plan, and describe activities to be undertaken consistent with the plan.

p.The kelp forest and eelgrass meadow health and conservation plan must be finalized and submitted to the office of financial management and the appropriate committees of the legislature by December 1, 2023.

4(b) SSBSubsequently, 5619each (a)biennium, Involvethe impacteddepartment communitiesshall usingcontinue to monitor the communitydistributions engagementand trends of kelp forests and eelgrass meadows to inform adaptive management of the plan developedand undercoordinated RCWpartner 70A.02.050;actions.

(b)The Consultdepartment withshall federallysubmit recognizeda tribalreport nations,to includingthe consultationlegislature onthat describes the culturalkelp forest and ecologicaleelgrass importancemeadow ofconservation nativepriority kelpareas, forests and eelgrassmonitoring meadowsapproaches nowand threatenedfindings, byincluding urbanizationsuccess ormeasures otherestablished disturbances;in the plan.

(c)Beginning Engagep. and collaborate with state and federal agencies, such as the national oceanic and atmospheric administration, the Northwest straits commission, the department of ecology, the department of fish and wildlife, the Puget Sound partnership, the recreation and conservation office, and the marine resources advisory council;