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State
Washington
Shellfish Protection Districts (Chapter 90.72 RCW)


SHELLFISH PROTECTION DISTRICTS
1997
Chapter 90.72 RCW


 RCW 90.72.020
Shellfish tidelands.

For purposes of this chapter, "shellfish tidelands" means all saltwater
tidelands on which shellfish are grown or harvested for human consumption.


[1985 c 417  2.]


 RCW 90.72.030
Shellfish protection districts -- Establishment -- Governing body -- Programs.

The legislative authority of each county having shellfish tidelands within its
boundaries is authorized to establish a shellfish protection district to
include areas in which nonpoint pollution threatens the water quality upon
which the continuation or restoration of shellfish farming or harvesting is
dependent. The legislative authority shall constitute the governing body of the
district and shall adopt a shellfish protection program to be effective within
the district. The legislative authority may appoint a local advisory council to
advise the legislative authority in preparation and implementation of shellfish
protection programs. This program shall include any elements deemed appropriate
to deal with the nonpoint pollution threatening water quality, including, but
not limited to, requiring the elimination or decrease of contaminants in storm
water runoff, establishing monitoring, inspection, and repair elements to
ensure that on-site sewage systems are adequately maintained and working
properly, assuring that animal grazing and manure management practices are
consistent with best management practices, and establishing educational and
public involvement programs to inform citizens on the causes of the threatening
nonpoint pollution and what they can do to decrease the amount of such
pollution. An element may be omitted where another program is effectively
addressing those sources of nonpoint water pollution. Within the limits of RCW
90.72.040 and 90.72.070, the county legislative authority shall have full
jurisdiction and authority to manage, regulate, and control its programs and to
fix, alter, regulate, and control the fees for services provided and charges or
rates as provided under those programs. Programs established under this
chapter, may, but are not required to, be part of a system of sewerage as
defined in RCW 36.94.010.


[1992 c 100  2; 1985 c 417  3.]


NOTES:


Findings -- 1992 c 100: "The legislature finds that shellfish harvesting
is important to our economy and way of life. Washington state is an
international leader in the cultivation and production of shellfish. However,
large portions of the state's productive recreational and commercial shellfish
beds are closed to harvesting, and more are threatened, because of water
pollution. The legislature finds that the problem of shellfish bed closures
demands a public policy solution and that the state, local governments, and
individuals must each take strong and swift action or this precious resource
will be lost.





It is the goal of the legislature to prevent further closures of
recreational and commercial shellfish beds, to restore water quality in
saltwater tidelands to allow the reopening of at least one restricted or closed
shellfish bed each year, and to ensure Washington state's commanding
international position in shellfish production.





The legislature finds that failing on-site sewage systems and animal waste
are the two most significant causes of shellfish bed closures over the past
decade. Remedial actions at the local level are required to effectively address
these problems.





The legislature finds that existing entities, including conservation
districts and local health departments, should be used by counties to address
the water quality problems affecting the recreational and commercial shellfish
harvest.





The legislature finds that local action in each watershed where shellfish
are harvested is required to protect this vital resource. The legislature
hereby encourages all counties having saltwater tidelands within their
boundaries to establish shellfish protection districts and programs designed to
prevent any further degradation and contamination and to allow for restoration
and reopening of closed shellfish growing areas." [1992 c 100  1.]





 RCW 90.72.040


Shellfish protection districts -- Creation -- Boundaries -- Cooperation with
governmental entities -- Abolition -- Referendum to repeal creation -- Certain
fees not permitted.


(1) The county legislative authority may create a shellfish protection district
on its own motion or by submitting the question to the voters of the proposed
district and obtaining the approval of a majority of those voting. The
boundaries of the district shall be determined by the legislative authority.
The legislative authority may create more than one district. A district may
include any area or areas within the county, whether incorporated or
unincorporated. Counties shall coordinate and cooperate with cities, towns, and
water-related special districts within their boundaries in establishing
shellfish protection districts and carrying out shellfish protection programs.
Where a portion of the proposed district lies within an incorporated area, the
county shall develop procedures for the participation of the city or town in
the determination of the boundaries of the district and the administration of
the district, including funding of the district's programs. The legislative
authority of more than one county may by agreement provide for the creation of
a district including areas within each of those counties. County legislative
authorities are encouraged to coordinate their plans and programs to protect
shellfish growing areas, especially where shellfish growing areas are located
within the boundaries of more than one county. The legislative authority or
authorities creating a district may abolish a shellfish protection district on
its or their own motion or by submitting the question to the voters of the
district and obtaining the approval of a majority of those voting.





(2) If the county legislative authority creates a shellfish protection
district by its own motion, any registered voter residing within the boundaries
of the shellfish protection district may file a referendum petition to repeal
the ordinance that created the district. Any referendum petition to repeal the
ordinance creating the shellfish protection district shall be filed with the
county auditor within seven days of passage of the ordinance. Within ten days
of the filing of a petition, the county auditor shall confer with the
petitioner concerning form and style of the petition, issue an identification
number for the petition, and write a ballot title for the measure. The ballot
title shall be posed as a question so that an affirmative answer to the
question and an affirmative vote on the measure results in creation of the
shellfish protection district and a negative answer to the question and a
negative vote on the measure results in the shellfish protection district not
being created. The petitioner shall be notified of the identification number
and ballot title within this ten-day period.





After this notification, the petitioner shall have thirty days in which to
secure on petition forms the signatures of not less than twenty-five percent of
the registered voters residing within the boundaries of the shellfish
protection district and file the signed petitions with the county auditor. Each
petition form shall contain the ballot title and full text of the measure to be
referred. The county auditor shall verify the sufficiency of the signatures on
the petitions. If sufficient valid signatures are properly submitted, the
county auditor shall submit the referendum measure to the registered voters
residing in the shellfish protection district in a special election no later
than one hundred twenty days after the signed petition has been filed with the
county auditor. The special election may be conducted by mail ballot as
provided for in *chapter 29.36 RCW.





(3) The county legislative authority shall not impose fees, rates, or
charges for shellfish protection district programs upon properties on which
fees, rates, or charges are imposed under chapter 36.89 or 36.94 RCW for
substantially the same programs and services.


[1997 c 447  20; 1992 c 100  3; 1985 c 417  4.]


NOTES:


*Reviser's note: Chapter 29.36 RCW was recodified as chapter 29A.40 RCW
pursuant to 2003 c 111  2401, effective July 1, 2004.


Finding -- Purpose -- 1997 c 447: See note following RCW 70.05.074.


Findings -- 1992 c 100: See note following RCW 90.72.030.





 RCW 90.72.045


Shellfish protection districts -- Programs required after closure or
downgrading of growing area classification.


The county legislative authority shall create a shellfish protection district
and establish a shellfish protection program to address causes of pollution
within one hundred eighty days after the department of health, because of water
quality degradation due to ongoing nonpoint sources of pollution, has, after
June 11, 1992, closed or downgraded the classification of a recreational or
commercial shellfish growing area within the boundaries of the county.


[1992 c 100  4.]


NOTES:


Findings -- 1992 c 100: See note following RCW 90.72.030.





 RCW 90.72.060


Decisions addressing conflicting uses -- Integration of the state environmental
policy act and county ordinances and resolutions with programs.


Whenever a governmental entity makes a decision which addresses a matter in
which there is a conflict between (1) on the one hand, a proposed development,
proposed change in land use controls, or proposed change in the provision of
utility services; and (2) on the other hand, the long-term use of an area for
the growing or harvesting of shellfish, which area is within the boundaries of
a shellfish protection district, then the governmental entity making the
decision must observe the requirements of chapter 43.21C  RCW and county
ordinances or resolutions integrating the state environmental policy act of
1971 into the various programs under county jurisdiction.


[1985 c 417  6.]


 RCW 90.72.065
Plans to control pollution effects of animal waste -- Contracts with
conservation districts.

Within available funding and as specified in the shellfish protection program,
counties creating shellfish protection districts shall contract with
conservation districts to draft plans with landowners to control pollution
effects of animal waste.


[1992 c 100  5.]


NOTES:


Findings -- 1992 c 100: See note following RCW 90.72.030.





 RCW 90.72.070


Program financing -- Activities not subject to fees, rates, or charges --
Collection of charges or rates.


The county legislative authority establishing a shellfish protection district
may finance the protection program through (1) county tax revenues, (2)
reasonable inspection fees and similar fees for services provided, (3)
reasonable charges or rates specified in its protection program, or (4)
federal, state, or private grants. Confined animal feeding operations subject
to the national pollutant discharge elimination system and implementing
regulations shall not be subject to fees, rates, or charges by a shellfish
protection district. Facilities permitted and assessed fees for wastewater
discharge under the national pollutant discharge elimination system shall not
be subject to fees, rates, or charges for wastewater discharge by a shellfish
protection district. Lands classified as forest land under chapter 84.33 RCW
and timber land under chapter 84.34 RCW shall not be subject to fees, rates, or
charges by a shellfish protection district. Counties may collect charges or
rates in the manner determined by the county legislative authority.


[1992 c 100  6; 1985 c 417  7.]


NOTES:


Findings -- 1992 c 100: See note following RCW 90.72.030.





 RCW 90.72.080


State water quality financial assistance -- Priority to counties with shellfish
protection districts.


Counties that have formed shellfish protection districts shall receive high
priority for state water quality financial assistance to implement shellfish
protection programs, including grants and loans provided under chapters 43.99F,
70.146, and 90.50A RCW.


[1992 c 100  7.]


NOTES:


Findings -- 1992 c 100: See note following RCW 90.72.030.





 RCW 90.72.900


Certain authority of counties not affected by chapter.


This chapter shall not be considered as diminishing or affecting the authority
of a county to adopt and enforce programs or controls, within all or a portion
of the county, to deal with nonpoint pollution.


[1985 c 417  8.]


 RCW 90.72.905
Severability -- 1992 c 100.

If any provision of this act or its application to any person or circumstance
is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected.


[1992 c 100  10.]