HB 2957 — Reducing escape of nonnative finfish from marine finfish aquaculture facilities.

H-4307.2HOUSEENGROSSED HOUSE BILL 2957State of Washington65th Legislature2018 Regular SessionBy Representatives Lytton, Peterson, Robinson, Wilcox, Taylor, Stambaugh, Sawyer, Chapman, Pollet, and StanfordRead first time 01/30/18.

amending RCW 77.115.010, 77.115.030, 77.115.040, 77.125.030, 77.12.047, 90.48.220, and 50.04.075;

adding new sections to chapter 77.1277.125 RCW;

creating a new section;sections;

and providing an expiration date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  ASECTION.  Sec. 1.  Recent newdevelopments sectionhave isthrown added to chapter 79.105 RCW under the subchapter heading "general use, sale, and lease provisions" to read as follows:(1) On and after the effective date of this section, the department may not enter into astark newrelief lease or other use authorization where the usethreat includesthat marinenonnative finfish aquaculture of Atlantic salmon.(2) On and after the effective date of this section, the department may not renew or extend a lease or other use authorization in existence on the effective date of this section where the use includes marine finfish aquaculture of Atlantic salmon.NEW SECTION.  Sec. 2.  A new section is added to chapter 77.12 RCW to read as follows:(1) The department may onlypose authorize or permit marine finfish aquaculture of Atlantic salmon where it is an authorized use under a lease of state-owned aquatic lands in effect on the effective date of this section.(2) For marine finfish aquaculture of Atlantic salmon that qualifies under subsection (1) of this section, the department may not authorize or permit any such activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on the effective date of this section.(3) For purposes of this section, "state-owned aquatic lands" has the meaning provided in RCW 79.105.060.NEW SECTION.  Sec. 3.  A new section is added to chapterWashington's 90.48native RCW to read as follows:(1) The department may only authorize or permit marine finfish aquaculture of Atlantic salmon wherepopulations. it is an authorized use under a lease of state-owned aquatic lands in effect on the effective date of this section.(2) For marine finfish aquaculture of Atlantic salmon that qualifies under subsection (1) of this section, the department may not authorize or permit any such activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on the effective date of this section.(3) For purposes of this section, "state-owned aquatic lands" has the meaning provided in RCW 79.105.060.Sec. 4.  RCW 77.115.010 and 2000 c 107 s 122 are each amended to read as follows:(1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020.

But just as evidence has emerged that nonnative marine finfish aquaculture may endanger Washington's native salmon populations, so too has evidence emerged that marine finfish aquaculture in general may pose unacceptable risks not only to Washington's native salmon populations but also to the broader health of Washington's marine environment.

Given this evidence, the legislature intends to phase out nonnative finfish aquaculture in Washington's marine waters.

Because the state of the science and engineering with regard to marine finfish aquaculture may be evolving, the legislature further intends to study this issue in greater depth, and to revisit the issue of marine finfish aquaculture once additional research becomes available.NEW SECTION.  Sec. 2.  A new section is added to chapter 79.105 RCW to read as follows:(1) The department may not allow nonnative marine finfish aquaculture as an authorized use under any new lease or other use authorization.(2) The department may not renew or extend a lease or other use authorization in existence on the effective date of this section where the use includes nonnative marine finfish aquaculture.NEW SECTION.  Sec. 3.  A new section is added to chapter 77.125 RCW to read as follows:(1) The department may authorize or permit activities associated with the use of marine net pens for nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on the effective date of this section.

The department may not authorize or permit any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on the effective date of this section.

(2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060.NEW SECTION.  Sec. 4.  A new section is added to chapter 90.48 RCW to read as follows:(1) The department may issue national pollutant discharge elimination system permits associated with nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on the effective date of this section.

The department may not issue national pollutant discharge elimination system permits in connection with any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on the effective date of this section.(2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060.NEW SECTION.  Sec. 5.  (1) The departments of ecology, agriculture, and fish and wildlife, as well as the department of natural resources, shall continue the existing effort to update guidance and informational resources to industry and governments for planning and permitting commercial marine net pen aquaculture.

As part of this effort, the departments shall seek advice and technical assistance from the Northwest Indian fisheries commission, and the national centers for coastal ocean science, and shall invite consultation and participation from the University of Washington school of aquatic and fishery sciences, Western Washington University, Washington State University, Northwest Indian College, and additional authorities, as appropriate, including federally recognized Indian tribes.

The guidance must be designed to eliminate commercial marine net pen escapement and to eliminate negative impacts to water quality and native fish, shellfish, and wildlife.

At a minimum, the guidance must address the following topics:(a) Local shoreline permitting;(b) Water quality;(c) The state of the science concerning marine finfish aquaculture impacts on native fish, shellfish, and wildlife;(d) Best management practices for the safe and effective operation of finfish aquaculture in the marine environment;(e) Interagency coordination in permitting, inspections, and enforcement;

and(f) Recommendations for future legislative oversight of marine finfish net pen aquaculture.(2) The departments must report to the legislature, consistent with RCW 43.01.036, by November 1, 2019.(3) This section expires June 30, 2020.Sec. 6.  RCW 77.115.010 and 2000 c 107 s 122 are each amended to read as follows:(1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020.

Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.(4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 77.115.040.(5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.(6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.(7) The department must implement this section consistent with section 23 of this act.Sec. 5.  RCWact.Sec. 7.  RCW 77.115.030 and 2000 c 107 s 124 are each amended to read as follows:(1) The director shall consult regarding the disease inspection and control program established under RCW 77.115.010 with federal agencies and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.(2) With regard to the program, the director may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.(3) The director shall provide for the creation and distribution of a roster of biologists having a specialty in the diagnosis or treatment of diseases of fish or shellfish.

The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.(4) The department must implement this section consistent with section 23 of this act.Sec. 6.  RCWact.Sec. 8.  RCW 77.115.040 and 2011 c 339 s 37 are each amended to read as follows:(1) All aquatic farmers, as defined in RCW 15.85.020, shall register with the department.

and(g) Statistical production data.(3) The state veterinarian shall be provided with registration and statistical data by the department.(4) The department must implement this section consistent with section 23 of this act.Sec. 7.  RCWact.Sec. 9.  RCW 77.125.030 and 2001 c 86 s 3 are each amended to read as follows:The director, in cooperation with the marine finfish aquatic farmers, shall develop proposed rules for the implementation, administration, and enforcement of marine finfish aquaculture programs.

and(7) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner.(8) The department must implement this section consistent with section 23 of this act.Sec. 8.  RCWact.Sec. 10.  RCW 77.12.047 and 2017 c 159 s 2 are each amended to read as follows:(1) The commission may adopt, amend, or repeal rules as follows:(a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful.(b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful.(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.(d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state.

However, this authority must be exercised consistent with sections 23 and 12 of this act.

Subsection (1)(g) of this section does apply to such products.Sec. 9.  RCWproducts.Sec. 11.  RCW 90.48.22050.04.075 and 19932011 c 2964 s 112 are each amended to read as follows:(1) ForWith therespect purposesto ofclaims thiswith sectionan "marineeffective finfishdate rearingprior facilities"to meansJuly those1, private2012, and"dislocated publicworker" facilitiesmeans locatedany withinindividual thewho:(a) saltHas waterbeen ofterminated the state where finfish are fed, nurtured, held, maintained, or rearedreceived toa reachnotice the size of releasetermination orfrom foremployment;(b) marketIs sale.(2)eligible Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowableor sedimenthas impactsexhausted fromentitlement organic enrichment due to marineunemployment finfishcompensation rearingbenefits; facilities.(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities.

In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities.

The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred eighty days from the date of application, unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW.

The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.(5) The department must implement this section consistent with section 3 of this act.NEW SECTION.  Sec. 10.  (1) The departments of ecology, natural resources, and fish and wildlife must continue the existing effort to update guidance and informational resources to industry and governments for planning and permitting commercial marine net pen aquaculture.(2) The effort must utilize new scientific information that has emerged since the current state guidance that dates from the late 1980s through 1990, and address topics including local shoreline permitting, water quality, impacts on native fish, shellfish, and wildlife, and interagency coordination in permitting, inspections, and enforcement.

The guidance must be designed to eliminate commercial marine net pen escapement and negative impacts to water quality and native fish, shellfish, and wildlife.(3) The guidance and resources must be completed by June 30, 2019.(4) This section expires December 31, 2020.Sec. 11.  RCW 50.04.075 and 2011 c 4 s 12 are each amended to read as follows:(1) With respect to claims with an effective date prior to July 1, 2012, "dislocated worker" means any individual who:(a) Has been terminated or received a notice of termination from employment;(b) Is eligible for or has exhausted entitlement to unemployment compensation benefits;

and(b) Is eligible for or has exhausted entitlement to unemployment compensation benefits.NEW SECTION.  Sec. 12.  A new section is added to chapter 77.1277.125 RCW to read as follows:(1) For marine finfish aquacultureaquaculture, of Atlantic salmon authorized or permitted consistent with section 2 of this act, the facility operator must hire, at their own expense, a marine engineering firm approved by the department to conduct inspections.

Inspections must occur approximately every two years, when net pens are fallow, and must include topside and mooring assessments related to escapement potential, structural integrity, permit compliance, and operations.(2) Any net pen facility must be found to be in good working order to receive fish.(3) If the facility is found to be in imminent danger of collapse or release of Atlanticfinfish, salmon, the director may require the operator to remove fish or deny a fish transfer permit.--- END ---