RCW 15.85.010
Legislative declaration.
The legislature declares that aquatic farming provides a consistent source of quality food, offers opportunities of new jobs, increased farm income stability, and improves balance of trade.
The legislature finds that many areas of the state of Washington are scientifically and biologically suitable for aquaculture development, and therefore the legislature encourages promotion of aquacultural activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.
The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state.
The legislature further finds that in order to ensure the maximum yield and quality of cultured aquatic products, the department of fish and wildlife should provide diagnostic services that are workable and proven remedies to aquaculture disease problems.
It is therefore the policy of this state to encourage the development and expansion of aquaculture within the state. It is also the policy of this state to protect wildstock fisheries by providing an effective disease inspection and control program and prohibiting the release of salmon or steelhead trout by the private sector into the public waters of the state and the subsequent recapture of such species as in the practice commonly known as ocean ranching.
[
1994 c 264 s 4
;
1985 c 457 s 1
.]
NOTES:
Release and recapture of salmon or steelhead prohibited: RCW 77.12.459
.
RCW 15.85.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or fresh waters and includes management by an aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
(3)(a) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
green nori
Monostroma
awo-nori
Ulva
sea lettuce
Laminaria
konbu
Nereocystis
bull kelp
Porphyra
nori
Iridaea
Haliotis
abalone
Zhlamys
pink scallop
Hinnites
rock scallop
Tatinopecten
Japanese or weathervane scallop
Protothaca
native littleneck clam
Tapes
manila clam
Saxidomus
butter clam
Mytilus
mussels
Crassostrea
Pacific oysters
Ostrea
Olympia and European oysters
Pacifasticus
crayfish
Macrobrachium
freshwater prawn
Salmo and Salvelinus
trout, char, and Atlantic salmon
Oncorhynchus
salmon
Ictalurus
catfish
Cyprinus
carp
Acipenseridae
Sturgeon
(b) Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with RCW 77.70.210
.
(c) Private sector cultured aquatic products do not include octopus and a person may not participate in octopus aquaculture in Washington.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture.
[
2024 c 45 s 1
;
2003 c 39 s 7
;
1989 c 176 s 3
;
1985 c 457 s 2
.]
RCW 15.85.030
Department principal agency for aquaculture marketing support.
The department is the principal state agency for providing state marketing support services for the private sector aquaculture industry.
[
1985 c 457 s 3
.]
RCW 15.85.040
Rules.
The department shall adopt rules under chapter
34.05
RCW to implement this chapter.
[
1985 c 457 s 7
.]
RCW 15.85.050
Program to assist marketing and promotion of aquaculture products.
The department shall exercise its authorities, including those provided by chapters
15.64, 15.65, 15.66, and
43.23
RCW, to develop a program for assisting the state's aquaculture industry to market and promote the use of its products.
[
1989 c 11 s 2
;
1985 c 457 s 4
.]
NOTES:
Severability
—
1989 c 11:
See note following RCW 9A.56.220
.
RCW 15.85.060
Private sector cultured aquatic products
—
Identification
—
Rules.
The director shall establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of the products is necessary to permit the department of fish and wildlife to administer and enforce Title
77
RCW effectively. The rules shall apply only to those private sector cultured aquatic products the transportation, sale, processing, or other possession of which would otherwise be required to be licensed under Title
77
RCW if they were not cultivated by aquatic farmers. The rules shall apply to the transportation or possession of such products on land other than aquatic lands and may require that they be: (1) Placed in labeled containers or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the products and the quantity of the products governed by the documents; or (2) both labeled and accompanied by such documents.
The director shall consult with the director of fish and wildlife to ensure that such rules enable the department of fish and wildlife to enforce the programs administered under those titles. If rules adopted under chapter
69.30
RCW satisfy the identification required under this section for shellfish, the director shall not establish different shellfish identification requirements under this section.
[
2003 c 39 s 8
;
1994 c 264 s 5
;
1988 c 36 s 6
;
1985 c 457 s 5
.]
RCW 15.85.070
Integrated pest management research program.
(Expires July 1, 2035.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of agriculture shall administer an integrated pest management research program that focuses on addressing the impacts of burrowing shrimp on bottom culture shellfish farming. The program must work towards the following objectives:
(a) Support and recommend funding for research efforts focused on enhancing the resilience and productivity of shellfish farming and the marine ecosystem in the face of burrowing shrimp infestations;
(b) Facilitate and enhance collaboration between researchers, shellfish farmers, regulatory agencies, and relevant stakeholders to ensure permanent, practical, and effective solutions.
(2) To accomplish its objectives, the program must do the following:
(a) Solicit researchers with expertise in marine biology, agriculture, ecology, engineering, and related fields to submit proposals for burrowing shrimp control research projects;
(b) Identify and provide ground for controlled research that explores diverse control methods;
(c) Identify funding mechanisms for future equipment needs based on tool and technology development;
(d) Provide permitting assistance for shellfish growers to use identified control methods.
(3) The governing board created in RCW 15.85.080
is responsible for reviewing research proposals, ensuring transparency and accountability in implementing the program, and guiding the department of agriculture on the expenditure of research grant funds.
(4) Research expenditures may only be spent on projects that support control of burrowing shrimp in Willapa Bay and Grays Harbor. Any control method that has been demonstrated as ineffective in past studies is not eligible for funding.
(5) This section expires July 1, 2035.
[
2025 c 87 s 2
.]
NOTES:
Findings
—
Intent
—
2025 c 87:
"(1) The legislature finds that in 2014, shellfish growers were dealt a significant setback when they lost their primary tool for controlling burrowing shrimp infestations in coastal estuaries. Burrowing shrimp in high densities pose a significant threat to shellfish farming operations and the surrounding aquatic ecosystem, causing damage to shellfish growing areas, negatively impacting productivity, and eliminating the growth of native eelgrass which provides essential habitat for salmonids and Dungeness crab, among other species.
(2) In addition, the legislature finds that since 1963, a control method developed in collaboration with the Washington state department of fish and wildlife had been effectively utilized. However, the phased-out use of carbaryl and the denial of a permit to use imidacloprid by the Washington state department of ecology left growers without crucial pest control measures. Burrowing shrimp infestations on shellfish grounds has led to a reduction in growing operations due to the absence of an effective control tool, and despite persistent efforts a viable alternative remains elusive.
(3) To address this ongoing crisis, the legislature intends to continue the current collaboration and research efforts and create a program within the Washington state department of agriculture to coordinate research into new and innovative control methods for burrowing shrimp infestations.
(4) This section expires July 1, 2035." [
2025 c 87 s 1
.]
RCW 15.85.080
Integrated pest management research program
—
Governing board.
(Expires July 1, 2035.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the director of the department of agriculture, in collaboration with legislators representing legislative districts that border the Pacific Ocean and an association that supports oyster growers in the Willapa Bay and Grays Harbor region, shall establish a governing board consisting of representatives from the following entities to oversee the research program established in RCW 15.85.070
:
(a) One member each from the departments of agriculture, ecology, natural resources, fish and wildlife, and commerce, and the state conservation commission;
(b) Five shellfish growers of varying sizes located in the Willapa Bay and Grays Harbor region;
(c) Two shellfish processors located in the Willapa Bay and Grays Harbor region;
(d) Shoalwater Bay Indian tribe;
(e) The executive director of an association supporting oyster growers in the Willapa Bay and Grays Harbor region;
(f) One member representing a nonprofit organization that develops and disseminates scientific and technical shellfish-related environmental and health and safety information; and
(g) One member from an ecosystem-based management collaborative in the Willapa Bay and Grays Harbor area, to serve in an ex officio capacity.
(2) The governing board must identify an objective and effective facilitator to moderate meetings and serve as an additional ex officio member.
(3) Members of the governing board must have a clear stake or vested interest in the preservation and sustainability of the shellfish industry, be knowledgeable about the impacts of burrowing shrimp on shellfish farming, and have a special interest in identifying tools to control burrowing shrimp with an emphasis on bottom culture shellfish farming.
(4) The governing board must meet at least quarterly and implement discussion parameters to ensure productive and efficient meetings that focus on bottom culture shellfish farming in coastal estuaries. The governing board must establish a consensus decision-making process whereby the participants develop and decide on proposals with the goal of achieving broad acceptance. In the absence of consensus on any proposal before the governing board, the proposal may be approved by a simple majority of appointed governing board members.
(5) Governing board members are eligible for reimbursement for subsistence, lodging, and travel expenses incurred in the performance of their duties pursuant to RCW 43.03.050
.
(6) This section expires July 1, 2035.
[
2025 c 87 s 3
.]
NOTES:
Findings
—
Intent
—
2025 c 87:
See note following RCW 15.85.070
.