BILL REQ. #:  S-5246.2 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to strengthening Washington's ocean management policies; amending RCW 43.143.020; adding new sections to chapter 43.143 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington's ocean resources are among the most important of its natural resources and that the state holds these ocean resources in trust for the people of Washington. Washington's character is largely defined by its relationship with its ocean waters. Ocean-based activities, such as fishing, tourism, recreation, and marine transportation have historically played a vital role in Washington's economy and culture. Additionally, new uses for ocean waters are being proposed in such areas as renewable energy, marine aquaculture, and ocean observation.
     Washington's coastal areas and ocean waters also face significant challenges, including the preservation of water quality, fish populations, and fish and wildlife habitat, and the utilization of opportunities offered by new sustainable use activities. The movement of ocean currents, atmospheric winds, and marine fish and wildlife across state and national borders and the multijurisdictional reach of many users of the coast and sea complicate policymaking and actions to address these challenges. Over a number of years, in an attempt to preserve our ocean resources and address these challenges, Washington has adopted a myriad of laws that require implementation by both local and state levels of government.
     A healthy ocean is an integral part of the high quality of life enjoyed in this state. The people of Washington have an obligation to be good stewards of the ocean so that coastal and ocean resources are preserved for future generations. In an effort to address this obligation and the challenges posed by the implementation of laws that cross local, state, and international boundaries, the legislature intends to promote coordinated, interagency action on issues such as marine resources stewardship, coastal hazards, coastal pollution, and ocean research, observation, and education.
     The legislature further finds that the goals developed by the ocean policy work group which was created by the legislature and tasked with summarizing the condition of the state's ocean resources and recommending improvements in coordination among state agencies and other jurisdictions are laudable goals that should serve as a guide for any further state action developing ocean policy and managing Washington's coastal areas. The goals, as follows, are to: (1) Manage the state's ocean and coastal areas to protect valuable marine resources and maintain ecosystem health while ensuring the vitality of coastal communities; (2) protect the coastal environment and its communities from the threats of marine hazards; (3) enhance the sustainability and resiliency of outer coast communities; (4) increase state attention on ocean-related scientific research and observation practices; (5) inform all state citizens of the vital importance of the state's ocean resources; and (6) coordinate state policy and consult and collaborate with tribes, local government, ports, and interested citizens.

NEW SECTION.  Sec. 2   (1) The ocean policy advisory council is established in the executive office of the governor. The council is composed of the following voting members:
     (a) The governor or governor's designee;
     (b) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
     (i) The department of ecology;
     (ii) The department of natural resources;
     (iii) The department of fish and wildlife;
     (iv) The state parks and recreation commission; and
     (v) The department of community, trade, and economic development;
     (c) A member of each of the governing bodies of the coastal counties, to be appointed by a majority of the members of the governing body of the respective county;
     (d) An elected city official from a city located near the coastal waters to be appointed by the governor;
     (e) A tribal representative from each of the tribes located on the coast bordering the coastal waters, if the tribe chooses to participate;
     (f) An elected official from a port district located near the coastal waters to be appointed by the governor;
     (g) A representative from a conservation or environmental organization;
     (h) A representative from each outer coast marine resources committee, to be appointed by the marine resources committee;
     (i) A representative from a commercial fishing association, to be appointed by the governor; and
     (j) When the issue before the council directly affects either Wahkiakum or San Juan county as determined by a majority vote of the council, the council will also include either a member of the governing body of Wahkiakum or San Juan county, or both, to be appointed by the majority of the members of the governing bodies of the respective county.
     (2) The council shall also include a representative scholar from a university in Washington who demonstrates exceptional knowledge of, and interest in, the issues facing Washington state's coastal and ocean resources. The representative shall be selected by the council and shall serve an advisory role as a nonvoting member.
     (3) The council may invite federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate when appropriate.
     (4) An agency representative shall serve as the chair of the council. The term of the chair is one year. The first chair of the council is the representative from the department of ecology, whose term begins on the effective date of this section. At the expiration of each chair's term, the chair shall rotate to the next agency listed under subsection (1)(b) of this section. The chair shall schedule meetings and set meeting agendas for the council.
     (5) The council shall meet at least twice each year.
     (6) The term of office of each member appointed by the governor, or the governing body of a county is four years. Members are eligible for reappointment.

NEW SECTION.  Sec. 3   The council shall adopt the final report of the Washington state ocean policy work group entitled "Washington's Ocean Action Plan: Enhancing Management of Washington State's Ocean and Outer Coasts" and shall work with state and local governments to implement the priority recommendations appropriate for immediate action. For those priority recommendations that are not ready for immediate action, the council shall develop an implementation plan that includes the council's strategy for implementation by July 1, 2009. The council shall identify, where necessary, additional resources or legislation necessary for implementation.

NEW SECTION.  Sec. 4   The council's duties are to:
     (1) Serve as a forum for communication in order to seek consistency of state, local, and tribal policies concerning ocean issues, including issues relating to resource management, marine and coastal hazards, ocean energy, and ocean research and education issues;
     (2) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments, regarding ocean issues;
     (3) Provide a forum to discuss ocean resource policy, planning, and management issues, and when appropriate, mediate disagreements;
     (4) Serve as an interagency resource to respond to issues facing coastal communities and ocean resources in a collaborative manner;
     (5) Identify and pursue public and private funding opportunities for the programs and activities of the council, and for relevant programs and activities of member entities; and
     (6) Provide policy recommendations to the governor, the legislature, and state and local agencies on specific ocean resource management issues.

NEW SECTION.  Sec. 5   (1) The council shall review the funding of state programs relating to ocean management, policy coordination, research, and public education. The review must identify current funding levels and projected funding needs to implement recommendations of the 2006 ocean policy work group report. The review must also include a review of existing and potential funding sources, from state, federal, and local sources, for implementing ocean programs.
     (2) The council and the Puget Sound partnership's leadership council, created in chapter 90.71 RCW shall seek, to the maximum extent possible, to integrate the review of funding needs for ocean programs and Puget Sound programs. The review and recommendations may be consolidated into a single report. The council shall provide a report of its review and make initial recommendations regarding funding levels and funding sources for ocean programs by September 1, 2008.

NEW SECTION.  Sec. 6   Each biennium, the council may select two ocean policy fellows to assist the council, and its staff, in fulfilling the council's responsibilities under this chapter. When selecting fellows, the council shall select individuals who demonstrate exceptional knowledge of, and interest in, the issues facing Washington state's coastal and ocean resources and who, within two years of beginning the fellowship, have received an advanced degree from a public or private college or university.

NEW SECTION.  Sec. 7   (1)(a) The legislature finds that Washington state's coastal zone management program does not contain many existing state and local government policies and programs that, if included, would be the basis for exerting far greater influence upon the permitting activities and direct undertakings of federal agencies in areas within or affecting the state's expansive coastal zone.
     (b) Therefore, it is the intent of this section to direct a review of the state's existing program and the submission of additional state and local government policies to the national oceanic and atmospheric administration for inclusion in such a program, and to direct that maximum state efforts be directed toward implementing the state's role in federal consistency determinations to ensure that state and local policies influence federal agency actions affecting the state's coastal zone.
     (2) The council shall review the state and local policies included in the state's approved coastal zone program, and other state and local policies not included in the program, which if included would further the purposes of protecting the state's coastal zone and influencing federal actions affecting the state's coastal zone as expressed in section 1 of this act. This review must be conducted collaboratively with the department of ecology, which is the principal state agency for administering provisions of the federal coastal zone management act by states as designated in section 8 of this act. The council and the department of ecology shall conduct this review with the participation of other state agencies and local governments administering the policies and programs under review, and, at a minimum, must include the departments of natural resources, fish and wildlife, and community, trade, and economic development, the Puget Sound partnership's leadership council created in chapter 90.71 RCW, and the governing bodies of the counties included within the state's coastal zone.
     (3) The council and the department of ecology shall conclude their review of the state and local policies included in the state's approved coastal zone management program by July 1, 2010, and the policies not included in the program, which if included would further the purposes of protecting the state's coastal zone and influencing federal actions affecting the state's coastal zone by July 1, 2012. If the council and department of ecology conclude that the addition of an enforceable policy or policies would strengthen the state's coastal zone management program, the department of ecology shall submit to the appropriate committees of the legislature a report identifying the policies that should be included in an amendment to the state's federally approved coastal zone management program. The department shall not submit such an amendment to the appropriate federal agency until it has provided an entire regular session for legislative review of the proposed amendment.

NEW SECTION.  Sec. 8   The department of ecology is designated as the principal state agency for administering the provisions of the federal coastal zone management act (16 U.S.C. Sec. 1451 et seq.), as it exists on January 1, 2008, and is authorized to receive and administer federal grants to implement the act. The department of ecology, in the implementation of the network of state and local policies and programs comprising the state coastal zone management program, shall enter into agreements of administration with other state agencies and local governments as appropriate to fully and effectively implement all elements of the state's federally approved coastal zone management program.

Sec. 9   RCW 43.143.020 and 1989 1st ex.s. c 2 s 10 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.
     (1) "Coastal counties" means Clallam, Jefferson, Grays Harbor, and Pacific counties.
     (2) "Coastal waters" means the waters of the Pacific Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
     (3) "Council" means the ocean policy advisory council created in section 2 of this act.

NEW SECTION.  Sec. 10   Sections 2 through 8 of this act are each added to chapter 43.143 RCW.