H-2212.1
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SUBSTITUTE HOUSE BILL 2058
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State of Washington
56th Legislature
1999 Regular Session
By House Committee on Natural Resources (originally sponsored by
Representatives Regala, Linville, Rockefeller, Anderson, Eickmeyer,
Stensen, Doumit, Buck, Hatfield, Kessler and Haigh)Read first time
03/02/1999.
AN ACT Relating to aquatic nuisance species;
amending RCW 77.12.020
and 77.15.250; adding a new chapter to Title 77 RCW; creating new
sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +} Sec. 1.
Population increases, more rapid means
of transportation, and other factors have contributed to a dramatic
increase in the accidental introduction of nonnative species throughout
the world. The indiscriminate introduction of new species
can have
unpredictable and often negative impacts on native species.
Aquatic
species that are especially destructive when introduced into new
ecosystems are referred to as aquatic nuisance species.
The legislature finds that aquatic nuisance
species are a serious
problem that threaten the ecological integrity of the state's marine
and freshwater resources. Aquatic nuisance species also have
a
significant impact on economic, social, and public health conditions
within our state. These species have few natural controls
in their new
habitat and can spread rapidly, destroying native plant and animal
habitat, reducing recreational opportunities, lowering property
values,
clogging waterways, and impacting irrigation and power generation.
The large number of governmental entities
that now fund and
regulate programs to manage aquatic nuisance species have diverse
interests and limited jurisdictions that cannot adequately address
the
wide ranging impacts of aquatic nuisance species in Washington.
The legislature intends to minimize the
environmental and economic
risks from aquatic nuisance species by improving cooperation between
the various state and federal agencies responsible for controlling
aquatic nuisance species, and by authorizing specific programs
that
either prevent the introduction of these species or aid in eliminating
infestations.
{+ NEW SECTION. +} Sec. 2.
The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Committee" means the aquatic nuisance
species coordinationcommittee.
(2) "Aquatic nuisance species" means a
nonnative aquatic plant or
animal species that threatens the diversity or abundance of native
species, the ecological stability of infested waters, or commercial,
agricultural, or recreational activities dependent on such waters,
and
consists of those:
(a) Aquatic plants listed by the state
noxious weed control board
as noxious weeds as provided in RCW 17.10.080; and
(b) Aquatic animals classified as aquatic
nuisance species by the
commission as provided in RCW 77.12.020.
{+ NEW SECTION. +} Sec. 3.
(1) The aquatic nuisance species
coordination committee is created for the purpose of fostering
state,
federal, tribal, and private cooperation on aquatic nuisance species
issues. The committee shall strive to minimize the accidental
introduction of nonnative aquatic species and give special emphasis
to
preventing the introduction and spread of aquatic nuisance species.
(2) The committee shall consist of representatives
from each of the
following state agencies: Department of fish and wildlife,
department
of ecology, department of agriculture, department of natural resources,
state patrol, state noxious weed control board, and Washington
sea
grant program. United States fish and wildlife service, United
States
environmental protection agency, and one person representing federally
recognized tribes of Washington will also be invited to participate
in
the committee. The representative from the department of
fish and
wildlife shall chair the committee. The committee chair may
invite the
participation of other state, federal, tribal, or private organizations
on either an ad hoc or continuing basis, if it will better accomplish
the purposes of the committee. (3) The
committee has the following duties:
(a) Periodically revise the state of Washington
aquatic nuisance
species management plan, originally published in June 1998;
(b) Prepare a zebra mussel containment
plan for quickly detecting
and responding to an introduction of zebra mussels in a manner
that
will eradicate the mussels or control their spread if eradication
is
not possible;
(c) Prepare a programmatic environmental
impact statement for the
zebra mussel containment plan and for other aquatic nuisance species
asneeded;
(d) Design a monitoring program for early
detection of zebra mussel
introductions into Washington waters;
(e) Design early response plans for other
aquatic nuisance species,
as necessary;
(f) Design an on-site inspection program
of aquatic plant dealers;
(g) Facilitate solutions for preventing
the introduction of
nonnative aquatic species from the ballast water of ships;
(h) Design a zebra mussel inspection program
for large boats being
hauled by commercial carriers into the state;
(i) Design a voluntary inspection program
for small boats entering
Washington; (j) Design an aquatic species
education program, including
educational materials;
(k) Establish a list of advisors and seek
their recommendations
regarding these duties;
(l) Advise member agencies on the use
of funds available for
aquatic nuisance species activities;
(m) Prepare a report to the legislature
making recommendations for
better accomplishing the purposes of this chapter and listing the
committee's accomplishments by December 1, 2001;
(n) Investigate and make recommendations
regarding methods for
better integrating the management of terrestrial and aquatic nuisancespecies.
(4) The committee shall accomplish its
duties through the authority
and cooperation of its member agencies. Implementation of
all plans
and programs developed by the committee shall be through the member
agencies and other cooperating organizations. Funding requests
for
aquatic nuisance species activities shall be submitted through
the
member agencies as a part of their individual budget requests.
{+ NEW SECTION. +} Sec. 4.
The department of ecology shall
investigate the risk of introductions of nonnative aquatic species
through the discharge of ballast water from ships and recommend
state
actions to respond to this risk. In conducting this investigation,
the
director of ecology shall seek the cooperation and participation
of
organizations representing the maritime community for both Puget
Sound
and the Columbia river. The recommendations shall be submitted
in a
report to the aquatic nuisance species coordination committee and
to
the appropriate legislative committees no later than December 1,
2000.
{+ NEW SECTION. +} Sec. 5.
The department of ecology may inspect
vessels and sample ballast water to determine whether the vessel's
ballast water poses a measurable risk of introducing nonnative
aquatic
species into the waters of the state. Ballast water sampling
and
determinations of measurable risk shall be based on accepted scientific
practice and parameters.
{+ NEW SECTION. +} Sec. 6.
The department of agriculture may
inspect licensed nurseries dealing in aquatic plants for the purpose
of
detecting aquatic nuisance species and preventing the introduction
of
these species into Washington waters. If aquatic nuisance
species are
detected, the department of agriculture may quarantine the infested
aquatic plants, and require the nursery to decontaminate or dispose
of
the plants in a manner that will prevent their introduction into
Washington waters.
{+ NEW SECTION. +} Sec. 7.
The state patrol may inspect boats
entering the state at a port of entry for the purpose of detecting
zebra mussels and preventing the introduction of this species into
Washington waters. If zebra mussels are detected, the state
patrol may
prohibit the further movement of the boat until the carrier agrees
to
an approved method of decontaminating the boat. The department
of fish
and wildlife shall adopt rules defining approved decontaminationmethods.
Sec. 8. RCW 77.12.020 and 1994 c
264 s 53 are each amended to read
as follows:
(1) The director shall investigate the
habits and distribution of
the various species of wildlife native to or adaptable to the habitats
of the state. The commission shall determine whether a species
should
be managed by the department and, if so, classify it under thissection.
(2) The commission may classify by rule
wild animals as game
animals and game animals as fur-bearing animals.
(3) The commission may classify by rule
wild birds as game birds or
predatory birds. All wild birds not otherwise classified
are protectedwildlife.
(4) In addition to those species listed
in RCW 77.08.020, the
commission may classify by rule as game fish other species of the
class
Osteichthyes that are commonly found in fresh water except those
classified as food fish by the director.
(5) The director may recommend to the
commission that a species of
wildlife should not be hunted or fished. The commission may
designate
species of wildlife as protected.
(6) If the director determines that a
species of wildlife is
seriously threatened with extinction in the state of Washington,
the
director may request its designation as an endangered species.
The
commission may designate an endangered species.
(7) If the director determines that a
species of the animal
kingdom, not native to Washington, is dangerous to the environment
or
wildlife of the state, the director may request its designation
as
deleterious exotic wildlife. The commission may designate
deleterious
exotic wildlife.
{+ (8) If the director determines that
an aquatic animal species,
not native to Washington, threatens the diversity or abundance
of
native species, the ecological stability of infested waters, or
commercial, agricultural, or recreational activities dependent
on such
waters, the director may request its designation as an aquatic
nuisance
species. The commission may designate aquatic nuisance species.
+}
Sec. 9. RCW 77.15.250 and 1998 c
190 s 31 are each amended to read
as follows: (1)(a) A person is guilty of
unlawfully releasing, planting, or
placing fish or wildlife if the person knowingly releases, plants,
or
places live (({- fish, -})) wildlife(({- , or aquatic plants -}))
within the state, {+ or the person knowingly releases, plants,
or
places live fish, shellfish, or aquatic plants into waters of the
state, +} except (({- for -})) {+ that this subsection does not
apply
to (i) +} a release of game fish into private waters for which
a game
fish stocking permit has been obtained{+ ; (ii) the planting of
native
aquatic plants in waters where they are naturally found, or any
habitat
restoration or protection project using native aquatic plants;
+} or {+
(iii) +} the planting of food fish or shellfish by permit {+ or
rule +}
of the commission {+ or that are private sector cultured aquatic
products otherwise allowed by law +}.
(b) A violation of this subsection is
a gross misdemeanor. In
addition, the department (({- shall -})) {+ may +} order the person
to
pay all costs the department incurred in capturing, killing, or
controlling the fish or wildlife released or its progeny.
{+ Any such
order may be reviewed and enforced as provided in Title 34 RCW.
+}
This does not affect the existing authority of the department to
bring
a separate civil action to recover costs of capturing, killing,
controlling the fish or wildlife released or their progeny, or
restoration of habitat necessitated by the unlawful release.
(2)(a) A person is guilty of unlawful
release of deleterious exotic
wildlife {+ or aquatic nuisance species +} if the person knowingly
releases, plants, or places live fish or wildlife within the state
and
such fish or wildlife has been classified as deleterious exotic
wildlife {+ or as an aquatic nuisance species +} by rule of thecommission.
(b) A violation of this subsection is
a class C felony. In
addition, the department (({- shall also -})) {+ may +} order the
person to pay all costs the department incurred in capturing, killing,
or controlling the fish or wildlife released or its progeny.
{+ Any
such order may be reviewed and enforced as provided in Title 34
RCW. +}
This does not affect the existing authority of the department to
bring
a separate civil action to recover costs of capturing, killing,
controlling the fish or wildlife released or their progeny, or
restoration of habitat necessitated by the unlawful release.
{+ (3)(a) A person is guilty of unlawful
use or possession of
deleterious exotic wildlife or aquatic nuisance species if the
person
knowingly violates any rule of the commission regarding the possession,
transportation, holding, reporting, or any other action or restriction
regarding a species classified as deleterious exotic wildlife or
as an
aquatic nuisance species.
(b) A violation of this subsection is
a gross misdemeanor. This
does not affect the existing authority of the department to bring
a
separate civil action to compel compliance with any rule concerning
deleterious exotic wildlife or aquatic nuisance species. +}
{+ NEW SECTION. +} Sec. 10.
Sections 2, 3, and 5 through 7 of
this act constitute a new chapter in Title 77 RCW.
{+ NEW SECTION. +} Sec. 11.
(1) If specific funding for the
purposes of section 4 of this act, referencing section 4 of this
act by
section number, is not provided by June 30, 1999, in the omnibus
appropriations act, then section 4 of this act is null and void.
(2) If specific funding for the purposes
of section 5 of this act,
referencing section 5 of this act by section number, is not provided
by
June 30, 1999, in the omnibus appropriations act, then section
5 of
this act is null and void.
(3) If specific funding for the purposes
of section 6 of this act,
referencing section 6 of this act by section number, is not provided
by
June 30, 1999, in the omnibus appropriations act, then section
6 of
this act is null and void.
(4) If specific funding for the purposes
of section 7 of this act,
referencing section 7 of this act by section number, is not provided
by
June 30, 1999, in the omnibus appropriations act, then section
7 of
this act is null and void.
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