Burrowing shrimp

AN ACT Relating to addressing the impacts of burrowing shrimp on 1
bottom culture shellfish farming through integrated pest management 2
research; reenacting and amending RCW 43.79A.040 and 43.79A.040; 3
adding new sections to chapter 15.85 RCW; creating a new section; 4
providing an effective date; and providing expiration dates.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that in 2014, 7
shellfish growers were dealt a significant setback when they lost 8
their primary tool for controlling burrowing shrimp infestations in 9
coastal estuaries. Burrowing shrimp in high densities pose a 10
significant threat to shellfish farming operations and the 11
surrounding aquatic ecosystem, causing damage to shellfish growing 12
areas, negatively impacting productivity, and eliminating the growth 13
of native eelgrass which provides essential habitat for salmonids and 14
Dungeness crab, among other species.15
(2) In addition, the legislature finds that since 1963, a control 16
method developed in collaboration with the Washington state 17
department of fish and wildlife had been effectively utilized. 18
However, the phased-out use of carbaryl and the denial of a permit to 19
use imidacloprid by the Washington state department of ecology left 20
growers without crucial pest control measures. Burrowing shrimp 21
S-0618.1
SENATE BILL 5322
State of Washington 69th Legislature 2025 Regular Session
By Senators Chapman, J. Wilson, MacEwen, Hasegawa, and Nobles
Read first time 01/17/25. Referred to Committee on Agriculture &
Natural Resources.
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infestations on shellfish grounds has led to a reduction in growing 1
operations due to the absence of an effective control tool, and 2
despite persistent efforts a viable alternative remains elusive.3
(3) To address this ongoing crisis, the legislature intends to 4
create an ongoing research program within the Washington state 5
department of agriculture and fund research into new and innovative 6
control methods for burrowing shrimp infestations. To support this 7
program, the legislature intends to secure dedicated funding in the 8
amount of $2,000,000 each biennium from the model toxics control act 9
account. 10
NEW SECTION. Sec. 2. A new section is added to chapter 15.85 11
RCW to read as follows: 12
(1) The department of agriculture shall establish and administer 13
an integrated pest management research program that focuses on 14
addressing the impacts of burrowing shrimp on bottom culture 15
shellfish farming. The program must work towards the following 16
objectives: 17
(a) Support and recommend funding for research efforts focused on 18
enhancing the resilience and productivity of shellfish farming and 19
the marine ecosystem in the face of burrowing shrimp infestations.20
(b) Facilitate and enhance collaboration between researchers, 21
shellfish farmers, regulatory agencies, and relevant stakeholders to 22
ensure permanent, practical, and effective solutions.23
(2) To accomplish its objectives, the program must do the 24
following: 25
(a) Solicit researchers with expertise in marine biology, 26
agriculture, ecology, engineering, and related fields to submit 27
proposals for burrowing shrimp control research projects.28
(b) Identify and provide ground for controlled research that 29
explores diverse control methods including both chemical and 30
mechanical control. 31
(c) Identify funding mechanisms for future equipment needs based 32
on tool and technology development. 33
(d) Provide permitting assistance for shellfish growers to use 34
identified control methods. 35
(3) The governing board created in section 3 of this act is 36
responsible for reviewing research proposals, ensuring transparency 37
and accountability in implementing the program, and directing the 38
department of agriculture on the expenditure of research grant funds.39
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(4) Research expenditures may only be spent on projects that 1
support control of burrowing shrimp in Willapa Bay and Grays Harbor. 2
Any control method that has been demonstrated as ineffective in past 3
studies is not eligible for funding. 4
NEW SECTION. Sec. 3. A new section is added to chapter 15.85 5
RCW to read as follows: 6
(1) The director of the department of agriculture, in 7
collaboration with legislators representing legislative districts 8
that border the Pacific Ocean and an association that supports oyster 9
growers in the Willapa Bay and Grays Harbor region, shall establish a 10
governing board consisting of representatives from the following 11
entities to oversee the research program established in section 2 of 12
this act: 13
(a) One member each from the departments of agriculture, ecology, 14
natural resources, fish and wildlife, and commerce, and the state 15
conservation commission; 16
(b) Five shellfish growers of varying sizes located in the 17
Willapa Bay and Grays Harbor region; 18
(c) Two shellfish processors located in the Willapa Bay and Grays 19
Harbor region; 20
(d) Shoalwater Bay Indian tribe; 21
(e) The executive director of an association supporting oyster 22
growers in the Willapa Bay and Grays Harbor region;23
(f) One member representing a nonprofit organization that 24
develops and disseminates scientific and technical shellfish-related 25
environmental and health and safety information; and26
(g) One member from an ecosystem-based management collaborative 27
in the Willapa Bay and Grays Harbor area, to serve in an ex officio 28
capacity. 29
(2) The governing board must identify an objective and effective 30
facilitator to moderate meetings and serve as an additional ex 31
officio member. 32
(3) Members of the governing board must have a clear stake or 33
vested interest in the preservation and sustainability of the 34
shellfish industry, be knowledgeable about the impacts of burrowing 35
shrimp on shellfish farming, and have a special interest in 36
identifying tools to control burrowing shrimp with an emphasis on 37
bottom culture shellfish farming. 38
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(4) The governing board must meet monthly and implement 1
discussion parameters to ensure productive and efficient meetings 2
that focus on bottom culture shellfish farming in coastal estuaries. 3
The governing board must establish a consensus decision-making 4
process whereby the participants develop and decide on proposals with 5
the goal of achieving broad acceptance. In the absence of consensus 6
on any proposal before the governing board, the proposal may be 7
approved by a simple majority of appointed governing board members.8
(5) Governing board members are eligible for reimbursement for 9
subsistence, lodging, and travel expenses incurred in the performance 10
of their duties pursuant to RCW 43.03.050. 11
NEW SECTION. Sec. 4. A new section is added to chapter 15.85 12
RCW to read as follows: 13
The burrowing shrimp research account is created in the custody 14
of the state treasurer. All receipts from legislative transfers, 15
gifts, grants, and federal funds must be deposited into the account. 16
It is the intent of the legislature to appropriate in the omnibus 17
appropriations act $2,000,000 per biennium from the model toxics 18
control operating account into the burrowing shrimp research account. 19
Expenditures from the account may be used only for the burrowing 20
shrimp research program. Only the director of the department of 21
agriculture or the director's designee may authorize expenditures 22
from the account. The account is subject to allotment procedures 23
under chapter 43.88 RCW, but an appropriation is not required for 24
expenditures. 25
Sec. 5. RCW 43.79A.040 and 2024 c 327 s 16 and 2024 c 168 s 10 26
are each reenacted and amended to read as follows:27
(1) Money in the treasurer's trust fund may be deposited, 28
invested, and reinvested by the state treasurer in accordance with 29
RCW 43.84.080 in the same manner and to the same extent as if the 30
money were in the state treasury, and may be commingled with moneys 31
in the state treasury for cash management and cash balance purposes.32
(2) All income received from investment of the treasurer's trust 33
fund must be set aside in an account in the treasury trust fund to be 34
known as the investment income account. 35
(3) The investment income account may be utilized for the payment 36
of purchased banking services on behalf of treasurer's trust funds 37
including, but not limited to, depository, safekeeping, and 38
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disbursement functions for the state treasurer or affected state 1
agencies. The investment income account is subject in all respects to 2
chapter 43.88 RCW, but no appropriation is required for payments to 3
financial institutions. Payments must occur prior to distribution of 4
earnings set forth in subsection (4) of this section.5
(4)(a) Monthly, the state treasurer must distribute the earnings 6
credited to the investment income account to the state general fund 7
except under (b), (c), and (d) of this subsection. 8
(b) The following accounts and funds must receive their 9
proportionate share of earnings based upon each account's or fund's 10
average daily balance for the period: The 24/7 sobriety account, the 11
Washington promise scholarship account, the Gina Grant Bull memorial 12
legislative page scholarship account, the Rosa Franklin legislative 13
internship program scholarship account, the Washington advanced 14
college tuition payment program account, the Washington college 15
savings program account, the accessible communities account, the 16
Washington achieving a better life experience program account, the 17
Washington career and college pathways innovation challenge program 18
account, the community and technical college innovation account, the 19
agricultural local fund, the American Indian scholarship endowment 20
fund, the behavioral health loan repayment and scholarship program 21
account, the Billy Frank Jr. national statuary hall collection fund, 22
the foster care scholarship endowment fund, the foster care endowed 23
scholarship trust fund, the contract harvesting revolving account, 24
the Washington state combined fund drive account, the commemorative 25
works account, the county 911 excise tax account, the county road 26
administration board emergency loan account, the toll collection 27
account, the developmental disabilities endowment trust fund, the 28
energy account, the energy facility site evaluation council account, 29
the fair fund, the family and medical leave insurance account, the 30
Fern Lodge maintenance account, the fish and wildlife federal lands 31
revolving account, the natural resources federal lands revolving 32
account, the food animal veterinarian conditional scholarship 33
account, the forest health revolving account, the fruit and vegetable 34
inspection account, the educator conditional scholarship account, the 35
game farm alternative account, the GET ready for math and science 36
scholarship account, the Washington global health technologies and 37
product development account, the grain inspection revolving fund, the 38
Washington history day account, the industrial insurance rainy day 39
fund, the juvenile accountability incentive account, the law 40
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enforcement officers' and firefighters' plan 2 expense fund, the 1
local tourism promotion account, the low-income home rehabilitation 2
account, the medication for people living with HIV rebate revenue 3
account, the homeowner recovery account, the multiagency permitting 4
team account, the northeast Washington wolf-livestock management 5
account, the pollution liability insurance program trust account, the 6
produce railcar pool account, the public use general aviation airport 7
loan revolving account, the regional transportation investment 8
district account, the rural rehabilitation account, the Washington 9
sexual assault kit account, the stadium and exhibition center 10
account, the youth athletic facility account, the self-insurance 11
revolving fund, the children's trust fund, the Washington horse 12
racing commission Washington bred owners' bonus fund and breeder 13
awards account, the Washington horse racing commission class C purse 14
fund account, the individual development account program account, the 15
Washington horse racing commission operating account, the life 16
sciences discovery fund, the Washington state library-archives 17
building account, the reduced cigarette ignition propensity account, 18
the center for deaf and hard of hearing youth account, the school for 19
the blind account, the Millersylvania park trust fund, the public 20
employees' and retirees' insurance reserve fund, the school 21
employees' benefits board insurance reserve fund, the public 22
employees' and retirees' insurance account, the school employees' 23
insurance account, the long-term services and supports trust account, 24
the radiation perpetual maintenance fund, the Indian health 25
improvement reinvestment account, the department of licensing tuition 26
recovery trust fund, the student achievement council tuition recovery 27
trust fund, the tuition recovery trust fund, the industrial insurance 28
premium refund account, the mobile home park relocation fund, the 29
natural resources deposit fund, the Washington state health insurance 30
pool account, the federal forest revolving account, the Washington 31
saves administrative treasury trust account, the burrowing shrimp 32
research account, and the library operations account.33
(c) The following accounts and funds must receive 80 percent of 34
their proportionate share of earnings based upon each account's or 35
fund's average daily balance for the period: The advance right-of-way 36
revolving fund, the advanced environmental mitigation revolving 37
account, the federal narcotics asset forfeitures account, the high 38
occupancy vehicle account, the local rail service assistance account, 39
and the miscellaneous transportation programs account.40
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(d) Any state agency that has independent authority over accounts 1
or funds not statutorily required to be held in the custody of the 2
state treasurer that deposits funds into a fund or account in the 3
custody of the state treasurer pursuant to an agreement with the 4
office of the state treasurer shall receive its proportionate share 5
of earnings based upon each account's or fund's average daily balance 6
for the period. 7
(5) In conformance with Article II, section 37 of the state 8
Constitution, no trust accounts or funds shall be allocated earnings 9
without the specific affirmative directive of this section.10
Sec. 6. RCW 43.79A.040 and 2024 c 327 s 17 and 2024 c 168 s 11 11
are each reenacted and amended to read as follows:12
(1) Money in the treasurer's trust fund may be deposited, 13
invested, and reinvested by the state treasurer in accordance with 14
RCW 43.84.080 in the same manner and to the same extent as if the 15
money were in the state treasury, and may be commingled with moneys 16
in the state treasury for cash management and cash balance purposes.17
(2) All income received from investment of the treasurer's trust 18
fund must be set aside in an account in the treasury trust fund to be 19
known as the investment income account. 20
(3) The investment income account may be utilized for the payment 21
of purchased banking services on behalf of treasurer's trust funds 22
including, but not limited to, depository, safekeeping, and 23
disbursement functions for the state treasurer or affected state 24
agencies. The investment income account is subject in all respects to 25
chapter 43.88 RCW, but no appropriation is required for payments to 26
financial institutions. Payments must occur prior to distribution of 27
earnings set forth in subsection (4) of this section.28
(4)(a) Monthly, the state treasurer must distribute the earnings 29
credited to the investment income account to the state general fund 30
except under (b), (c), and (d) of this subsection.31
(b) The following accounts and funds must receive their 32
proportionate share of earnings based upon each account's or fund's 33
average daily balance for the period: The 24/7 sobriety account, the 34
Washington promise scholarship account, the Gina Grant Bull memorial 35
legislative page scholarship account, the Rosa Franklin legislative 36
internship program scholarship account, the Washington advanced 37
college tuition payment program account, the Washington college 38
savings program account, the accessible communities account, the 39
p. 7 SB 5322
Washington achieving a better life experience program account, the 1
Washington career and college pathways innovation challenge program 2
account, the community and technical college innovation account, the 3
agricultural local fund, the American Indian scholarship endowment 4
fund, the behavioral health loan repayment and scholarship program 5
account, the Billy Frank Jr. national statuary hall collection fund, 6
the foster care scholarship endowment fund, the foster care endowed 7
scholarship trust fund, the contract harvesting revolving account, 8
the Washington state combined fund drive account, the commemorative 9
works account, the county 911 excise tax account, the county road 10
administration board emergency loan account, the toll collection 11
account, the developmental disabilities endowment trust fund, the 12
energy account, the energy facility site evaluation council account, 13
the fair fund, the family and medical leave insurance account, the 14
Fern Lodge maintenance account, the fish and wildlife federal lands 15
revolving account, the natural resources federal lands revolving 16
account, the food animal veterinarian conditional scholarship 17
account, the forest health revolving account, the fruit and vegetable 18
inspection account, the educator conditional scholarship account, the 19
game farm alternative account, the GET ready for math and science 20
scholarship account, the Washington global health technologies and 21
product development account, the grain inspection revolving fund, the 22
Washington history day account, the industrial insurance rainy day 23
fund, the juvenile accountability incentive account, the law 24
enforcement officers' and firefighters' plan 2 expense fund, the 25
local tourism promotion account, the low-income home rehabilitation 26
account, the medication for people living with HIV rebate revenue 27
account, the homeowner recovery account, the multiagency permitting 28
team account, the northeast Washington wolf-livestock management 29
account, the produce railcar pool account, the public use general 30
aviation airport loan revolving account, the regional transportation 31
investment district account, the rural rehabilitation account, the 32
Washington sexual assault kit account, the stadium and exhibition 33
center account, the youth athletic facility account, the self-34
insurance revolving fund, the children's trust fund, the Washington 35
horse racing commission Washington bred owners' bonus fund and 36
breeder awards account, the Washington horse racing commission class 37
C purse fund account, the individual development account program 38
account, the Washington horse racing commission operating account, 39
the life sciences discovery fund, the Washington state library-40
p. 8 SB 5322
archives building account, the reduced cigarette ignition propensity 1
account, the center for deaf and hard of hearing youth account, the 2
school for the blind account, the Millersylvania park trust fund, the 3
public employees' and retirees' insurance reserve fund, the school 4
employees' benefits board insurance reserve fund, the public 5
employees' and retirees' insurance account, the school employees' 6
insurance account, the long-term services and supports trust account, 7
the radiation perpetual maintenance fund, the Indian health 8
improvement reinvestment account, the department of licensing tuition 9
recovery trust fund, the student achievement council tuition recovery 10
trust fund, the tuition recovery trust fund, the industrial insurance 11
premium refund account, the mobile home park relocation fund, the 12
natural resources deposit fund, the Washington state health insurance 13
pool account, the federal forest revolving account, the Washington 14
saves administrative treasury trust account, the burrowing shrimp 15
research account, and the library operations account.16
(c) The following accounts and funds must receive 80 percent of 17
their proportionate share of earnings based upon each account's or 18
fund's average daily balance for the period: The advance right-of-way 19
revolving fund, the advanced environmental mitigation revolving 20
account, the federal narcotics asset forfeitures account, the high 21
occupancy vehicle account, the local rail service assistance account, 22
and the miscellaneous transportation programs account.23
(d) Any state agency that has independent authority over accounts 24
or funds not statutorily required to be held in the custody of the 25
state treasurer that deposits funds into a fund or account in the 26
custody of the state treasurer pursuant to an agreement with the 27
office of the state treasurer shall receive its proportionate share 28
of earnings based upon each account's or fund's average daily balance 29
for the period. 30
(5) In conformance with Article II, section 37 of the state 31
Constitution, no trust accounts or funds shall be allocated earnings 32
without the specific affirmative directive of this section.33
NEW SECTION. Sec. 7. Section 5 of this act expires July 1, 34
2030.35
NEW SECTION. Sec. 8. Section 6 of this act takes effect July 1, 36
2030.37
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NEW SECTION. Sec. 9. Sections 1 through 4 and 6 of this act 1
expire July 1, 2035.2
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