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Home My WebLink About07 1122 10 ce.'?A f 'bV'\Q.,(~'<<- II{ZCI 110 ~"") STATE OF WASHINGTON County of Jefferson In the matter of a Moratorium on new Mooring Buoy's in Mystery Bay } } } Ordinance # 07-1122-10 The Jefferson County Board of County Commissioners enters the following findings of fact: 1. On November 23,2009, the Board of County Commissioners placed a moratorium on submitting applications for new mooring buoys in Mystery Bay per ordinance #10-1123- 09. 2. As provided for in State law a moratorium may be effective for up to six months if a detailed work plan is prepared for remedying the issues and circumstances necessitating the moratorium, and may be renewed for two six month periods. 3. The Mystery Bay Management Plan envisioned by tribal, state and local governments to address the concerns with commercial shellfish harvesting in Mystery Bay has been completed by the stakeholder group. 4. The Management Plan establishes objectives for Mystery Bay to: . maintain the approved classification of the Mystery Bay shellfish growing area. . implement permitting and enforcement measures to ensure the number of mooring boats remain below the marina threshold. . minimize or eliminate transient anchoring in Mystery Bay, outside of the Fort Flagler State Park. . establish a Voluntary "No Anchor Zone" in Mystery Bay, outside of the Fort Flagler State Park and direct transient boaters to the Fort Flagler State Park. . monitor mooring buoy usage and transient anchorage in Mystery Bay to determine if marina thresholds are exceeded. . provide immediate notification to the DOH when boat numbers exceed marina threshold levels. 5. On March 1,2010, Jefferson County submitted a Locally Approved Shoreline Master Program to the Washington State Department of Ecology for review and approval consistent with legal guidelines. 6. The Locally Approved Shoreline Master Program provides new policies and regulations pertaining to the placement of mooring buoys throughout Jefferson County that are consistent with the National Shellfish Sanitation Standards. 7. On April 20, 2010, the Washington State Department of Ecology conducted a public hearing on the Jefferson County Locally Approved Shoreline Master Program. The ORDINANCE NO.,.Q7..-H22-10 Page: 2 public comment period remained open for written comments regarding the Locally Approved Shoreline Master Program through May 11, 2010. 8. The Mystery Bay Management Plan provides various benchmarks to measure the effectiveness of the plan and provides for adaptive management techniques should the plan be unsuccessful. 9. The Washington State Department of Health reclassified part of the Mystery Bay commercial shellfish growing area from Conditionally Approved to Approved on March 25,2010. 10. On May 17, 2010, the Jefferson County Marine Resource Committee was issued a Jefferson County shoreline substantial development permit exemption to install seven marker buoys to identify the voluntary "no anchor zone" and to manage transient vessel moorage called for in the management plan. 11. On May 24, 2010, the Board of County Commissioners renewed the Mystery Bay mooring buoy moratorium for an additional six months. WHEREAS, Jefferson County continues to participate in the stakeholders' group of agencies, tribes and shellfish growers in order to prevent any commercial shellfish closures of Mystery Bay; and WHEREAS, the Mystery Bay Management Plan is one element of the work plan for the stakeholders group; and WHEREAS, the Mystery Bay Management Plan has weighted the competing interests for using Mystery Bay including the evaluation of mooring buoy placements; and WHEREAS, permitting additional mooring buoys in Mystery Bay may exacerbate problems associated with over use of the bay and lead to potential shellfish closures pending adoption of a new Shoreline Management Master Program which incorporates the National Shellfish Sanitation Standards; and WHEREAS, it is in the public interest to protect commercial shellfish harvesting in Mystery Bay; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Jefferson County as follows: SECTION 1. A moratorium is placed on submittals of shoreline permit applications to the Jefferson County Department of Community Development for placement of mooring buoys in Mystery Bay, except when: 1) the state Department of Health notifies the Jefferson County Shoreline Administrator that movement or placement of a mooring buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the Jefferson County Shoreline Administrator determines that an application for the ORDINANCE NO. 07-1122-10 Page: 3 movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of an adopted Mystery Bay Management Plan. SECTION 2. Pursuant to the provisions of ESHB 1379 which amends and adds sections to Ch. 90.58 RCW, the Shoreline Management Act, this moratorium does not affect any lawful mooring buoys in place at Mystery Bay on or before the date this Ordinance becomes effective. SECTION 3. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 4. The work plan is hereby incorporated by reference, see Attachment A. SECTION 5. Effective date. This ordinance shall take effect immediately after passage and shall remain effective for six months or until repealed by the BOCC. APPROVED AND ADOPTED this 22nd day of November, 2010 SEAL: ATTEST: ~=a~~ -Q91'l1:lty Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ~..". Chak · Phil John ~om~ APPROVED~TOFORM: } 1.c:O~ \IlL. Lf- lO' 0 David Alvarez Deputy Prosecuting Attorney ORDINANCE NO. 07-1122-10 Attachment A Workplan Issue: The issue Is the threat of closure of shellfish harvesting In Mystery Bay because of too many boats anchored or moored near shellfish beds. Strategy: Continue collaborative efforts between tribal, federal, state and local governments, Including the public that implements the objectives of the Mystery Bay Management Plan. Calendar of events: November 23, 2009 March 1, 2010 March 25, 2010 April 20, 2010 May 11, 2010 May 23, 2010 May 24, 2010 May - November 2010 November30,2010 November 30,2010 December 2010 January 2011 May 22, 2011 Six-month Moratorium on mooring buoys was placed by BOCC for a period of 6 months. Jefferson County formally submitted the Locally Approved Shoreline Master. Program (SMP) to Washington State Department of Ecology (DOE). The State Department of Health reclassified the commercial shellfish growing areas in Mystery Bay from conditionally approved to approved. Washington State Department of Ecology (DOE) conducted a public hearing on Locally Approved Shoreline Master Program at Fort Worden State Park. DOE closes public comment period on the Jefferson County Locally Approved SMP. Six-month Moratorium expired. Second six-month Moratorium Is approved by the BOCC for a period of 6 months. DOE and Jefferson County staff reviewing oral and written comments received during the public comment period on the locally approved SMP Jefferson County to provide DOE with a summary response to issues Identified during the public review process for the locally approved SMP The quarterly meeting of the Mystery Bay Stakeholders group at the Point No Point Treaty Council meeting room Within thirty days after receipt of the local government written response, DOE shall make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.S8.020 DOE shali either approve the locally approved SMP as submitted, recommend specific changes or deny the proposal Either the moratorium Is lifted with the DOE and Jefferson County adoption of the new SMP or the moratorium expires per the statutory limits. The remedy of the Issues and circumstances: The moratorium Is effective from November 22, 2010 through May 22, 2011 and/or to the date that Ecology approves the SMP. Once DOE approves the new SMP, the moratorium would be lifted and applications for mooring buoys would be processed under the new SMP to a decision point of approval or denial. The moratorium on mooring buoys In Mystery Bay cannot be extended beyond May 22, 2011 as provided for in RCW 90.58. Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR AGENDA REQUEST ~ "'" -:-:) "1' ,:::'-', TO: Board of County Commissioners Philip Morley, coun~tyini~trator AI Scalf, DCD Directo November 22, 2010 NOV 1 6 2010 FROM: DATE: SUBJECT: MYSTERY BAY MOORING BUOY MORATORIUM STATEMENT OF ISSUE: This Agenda Request is for a third and final six month moratorium on accepting applications for mooring buoys in Mystery Bay. This moratorium is needed in view of the pending adoption of the Locally Approved Shoreline Master Program which includes policies and regulations consistent with the National Shellfish Sanitation Program. ANAL YSIS/STRATEGIC GOALS: The legisiature amended the shoreline management act last year to recognize the fundamental role and value of properly exercised moratoria while recognizing the legitimate interests of existing shoreline related development. In using a moratorium the local govemment shall provide a work plan outlining the goals for remedying the issues and . circumstances necessitating the moratoria. During the past year a management plan has been developed as a unique model to help resolve multiple use conflicts in a manner that may have a broad application throughout Puget Sound. A public hearing will be scheduled before the BoCC within the next two months offering the public an opportunity to address the Board on this matter. FISCAL IMPACT: The Jefferson County costs associated with this program including developing the moratorium. participation in the formation of the management plan and the on going monitoring of the activities within Mystery Bay are accounted for in the adopted 201 0 budget at the Department of Community Development. RECOMMENDATION: Staff recommends the BOCC approve the moratorium for a final period of six months. REVIEWED BY: . strator t/ ~?~ Date