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HomeMy WebLinkAboutWORKSHOP re Port Ludlow harbor anchoring regs JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Heather Dudley-Nollette, Commissioner DATE: June 8, 2026 SUBJECT: Port Ludlow Harbor Restricted Area anchoring regulations STATEMENT OF ISSUE: In July 2025,the county received a request from Captain Peter Joseph, USCG(retired)to consider a change to existing anchoring regulations within Ordinance# 07-0706-92 to limit the allowable duration for manned or unmanned anchored vessels within the Port Ludlow Harbor Restricted Area, particularly during foul- weather months. Concerns that have inspired the request include the need to reduce risks associated with fuel spills, overboard discharges and collisions from derelict, illegal or abandoned anchored vessels. See attached position paper for additional background. ANALYSIS: Sheriff Andy Pernsteiner and lead marine Deputy Jon Stuart will participate in the workshop to discuss various aspects and impacts of the proposed change, including models for compliance monitoring and enforcement, should a new rule be implemented. Impacts to the role of County Administrator should also be assessed, considering their responsibilities related to enforcement of Title XIX of Jefferson County Code. Additional Relevant Information: The State of Washington has also now passed House Bill 2199 which will go into effect on June 11, 2026. This bill amends existing law to redefine what constitutes an "abandoned vessel" and a"derelict vessel" in Washington State, aiming to reduce the negative impacts of these vessels. An "abandoned vessel" is now defined as one left in the same area(within a five-mile radius) for more than 30 consecutive days or 90 days in a 365-day period, where the owner is unknown, cannot be located, or is unwilling to take control. Additional details about the bill can be found online at HB 2199 Washington State Legislature—full link below: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/House%20Passed%20Legislature/2199- S.PL.pdf#page=l FISCAL IMPACT: There is no currently-defined fiscal impact related to this consideration of regulatory change. However, enforcement of a more restrictive anchoring rule could require significant staff time and therefore needs to be analyzed as part of this workshop. RECOMMENDATION: Conduct the workshop to discuss the community needs driving this request for more restrictive anchoring regulations in the Port Ludlow Harbor Restricted Area, including discussion about a potential Interlocal Agreement between the County and either the Port Ludlow Yacht Club and/or the Port Ludlow Marina to share or delegate compliance monitoring and/or enforcement responsibilities. REVIEWED BY: 91_)if 627--,306, Josh Peters, County Administrator Date POSITION PAPER OBJECTIVE: To determine the most effective action that can be taken to require vessel owners to comply with existing and amended laws in order to reduce the risks associated with unmanned, abandoned, and illegally anchored boats in Port Ludlow Harbor. VALID ASSUMPTIONS:That Jefferson County has the law enforcement resources necessary to enforce the appropriate County ordinance pertaining to this situation. Each vessel has an unknown amount of fuel in their tanks FACTS BEARING ON THE PROBLEM: The number of unattended anchored vessels during the winter months has increased over the past three years. Many of the vessels are undocumented or unregistered(Visual observations) A few of these vessels have anchored by dropping the anchor over the side without setting the anchor into the bottom by placing a strain on the anchor chain. Other vessels have inadequate ground tackle that can tolerate the vagaries of stormy weather. (Visual observations) Port Ludlow Harbor is a Restricted Area. "Provided, that the area of Port Ludlow Bay southerly of a line extending due east from the southern tip of Burner Point to the east shore of Port Ludlow Bay is hereby declared a Restricted Area and the boat speed in that restricted area shall be five nautical miles per hour."( Jeff County Ordinance No. 07-0706-92) Restricted Area as defined in the County Ordinance means an area that has been designated to be used for, or closed to certain purposes. (Ibid) The widest distance of Port Ludlow Harbor south of Burner Point is approximately 800 yards. (NOAA chart # 18440) Wind gusts can exceed 40 knots with January and February recording the higher wind velocities. (Weather Underground and various marine weather web sites/blogs) The absence of anchor lights and sound signals required under the International Rules of the Road can lead to collisions under hours of darkness or low visibility.(Navigation Rules,72 COLREGS) The 72 COLREGS shall apply on all waters of Puget Sound and adjacent waters, including Lake Union, Lake Washington, Hood Canal, and all tributaries. ( 33CFR- 80.1395) (1) Persons shall not moor or anchor a vessel in the same area on state owned aquatic lands for periods longer than thirty consecutive days or for more than a total of ninety days in any 365 day period. For the purpose of WAC 332-52-155 "in the same area" means within a radius of five miles in any location where the vessel was previously moored or anchored. (WAC 332-52-155 ANCHORAGE) (2) Subsection (1) ( See previous paragraph above) of this section does not apply where the federal government, a county,(emphasis supplied) a city, a state agency, including DNR, a port, or any other public entity with authority has posted, enacted, or adopted different anchorage or moorage restrictions. (See Annex A-1) Other municipalities in Washington State have developed ordinances pertaining to restricted anchoring, maneuvering, and vessel obstructions. For example, Oak Harbor restricts the duration of anchoring to no more than 14 days between May 1st and October 1st, and no more than 72 hours between October 1st and the following April 30th. (See Annex B-1) Port Townsend Harbor has anchoring restrictions imposed by the U. S. Coast Guard pertaining to foul and fair weather explosive anchorages, as well as LOA - (length overall), tonnage and tug assists. Bainbridge has a large no-anchor zone designated in their harbor.(See Annex B-2 & B-3) Enforcement of maritime related ordinances is through a notice of infraction issued by an authorized peace officer or designated official such as a Harbor Master. (See RCW 7.84.140 & Annex B-4) The Port Ludlow marina leases a small wooden pump-out boat built by the Wooden Boat School for $1.00 a year. The boat was purchased with donations with two stipulations: the boats name was to be CLEAN BAY, and the marina could not charge for pump-outs. The boat gets underway year around to offer its services twice a week. (Interview with marina manager) The Jefferson County sheriff's office possesses a very capable all weather small craft that is ideally suited for maritime law enforcement. (Prior USCG experience) Discussion As larger vessels are being left at anchor over the winter months in Port Ludlow Harbor, the risk of these vessels grounding due to severe weather or poorly maintained or improperly suited ground tackle increases substantially when there are no persons on board attempting to prevent such an occurrence. When grounding, the vessel will lose stability and lay over on its side exposing the fuel tank vents to the normal tidal action. The sea water will be pushed into the vent tube on the flood tide and then oily water sucked out by the ebb tide. With Port Ludlow Harbor being a closed end harbor the gradual accumulation of fuel would become catastrophic from an environmental and health safety standpoint. It is also quite possible that upon grounding one or more tanks could be punctured creating the same effect but over a shorter duration. Studies have concluded that one gallon of oil can contaminate one million gallons of water. It is also true that the oil will permeate the inter-tidal zone which will have a long lasting impact on the quality of life as well as the instantaneous depreciation of personal homes values and businesses located nearby. As valuations decrease the property tax appraisals will be severely diminished, directly affecting the tax revenue collected by the County. It is obvious from the Facts Bearing on the Problem, that the County has the authority to modify the State anchorage statute as necessary to fit the circumstances of the littoral community. While ordinances can be adopted that will constrain the boaters to draconian measures, it is better to adopt a more pragmatic solution that will not over extend the law enforcement resources. Since it is the winter season that poses the greatest risk, anchoring regulations such as those adopted by Oak Harbor might be a good starting point. To preclude a vessel moving five nautical miles and then coming back the next day, consideration should be given to limiting anchoring privileges to so many days a year. Ideally anchoring privileges would not be extended to vessels who do not display current state numbers and tax decal, or name and hailing port if a documented vessel. The most important part of the proposal is for the County to be able to impound an abandoned anchored or derelict vessel after some fixed period of time, such as seventy-two hours, at a designated wet/dry repository. With the approval of the marina, situational awareness of the anchored vessels can be maintained by the small pump-out boat operator when cruising the harbor twice a week. Since the name CLEAN BAY was a stipulation for acceptance the assistance of the pump-out boat in identifying and tracking possible sources of pollution is a value added benefit that befits it's name. When the duration of anchorage exceeds the legally prescribed limits, or when a violation of environmental law or the COLREGS is observed, the sheriffs maritime detachment will be notified for enforcement action using their small boat as needed. Once a plan is adopted it will need to be promulgated through publication in local boating magazines, flyers on marina bulletin boards, web sites, and yacht club newsletters as well as the State and U.S. Coast Guard. Those vessel owners who violate the proposed ordinance will be delivered a notice of infraction either by law enforcement personnel using the existing small boat, or a person authorized by an interlocal agreement entered into under RCW 7.84.140, when the infraction occurs in that person's presence. For example, a duly authorized Harbor Master. Recommendations: Adopt and enforce a more restrictive anchoring law for Port Ludlow in order to reduce the risks associated with fuel spills, overboard discharges and collisions from derelict, illegal or abandoned anchored vessels. (See Objective on top of page 1) ANNEX -Al WAC 332-52-155 Anchorage. (1) What is the length of time that a vessel may be moored or anchored on state-owned aquatic lands? Persons shall not moor or anchor a vessel in the same area on state-owned aquatic lands for periods longer than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five day period. For purposes of WAC 332-52-155, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored. (2) Are there places where the time limit does not apply? Subsection (1) of this section does not apply where the federal government, a county, a city, a state agency, including DNR, a port, or any other public entity with authority has posted, enacted, or adopted different anchorage or moorage restrictions. Persons shall observe restrictions specific to the locality. Additionally, persons may exceed this time limit if: (a) Granted express consent by either DNR or the lessee of the state- owned aquatic lands where the vessel is moored or anchored; and (b) Anchorage or moorage does not violate any other law or rule. (3) Any violation of this section is an infraction under chapter 7.84 RCW. [Statutory Authority: Chapter 43.30 RCW and RCW 43.12.065. WSR 09-05-034, § 332-52-155, filed 2/11/09, effective 3/14/09.] ANNEX B-1 6.41 .070 Unseaworthy craft. (1 ) It shall be unlawful for a master, owner or other person without a permit from the harbor master to tow or move into Oak Harbor Bay any vessel or obstruction which prior to movement or tow: (a) Has been used as a permanent place of abode and was not engaged in navigation under its own power within 30 days; or (b) Appears or exists in an unseaworthy condition, uses or needs support from another vessel or watercraft to remain afloat, or otherwise appears to lack the capacity for safe movement through and across navigable waters, other than the following: (i) Barges or disabled but buoyant aircraft in tow by a towage company authorized to do business in the state; (ii) Vessels or watercraft temporarily disabled by accident, collision, or other malfunction but otherwise seaworthy and capable of safe movement; and (iii) Vessels, watercraft or obstructions being towed or moved by or under the control of the harbor master. (2) Any person seeking a permit to tow or move any vessel, watercraft or obstruction identified in subsection (1 ) of this section shall apply to the harbor master therefor. (Ord. 1206 § 1 , 2000). 6.41 .080 Summer anchorage. No person may anchor a vessel in an anchorage area of Oak Harbor Bay for more than 14 days from May 1st to October 1st of each year. All days or parts of a day of anchorage shall be included in determining whether a vessel has been anchored for more than 14 days. As an example, a vessel which anchors for three days and leaves and comes back one or five days later and anchors for eleven more days has anchored for 14 days within any one month. (Ord. 1206 § 1 , 2000). 6.41 .090 Off-season anchorage. No person may anchor a vessel in an anchorage area of Oak Harbor Bay for more than 72 hours from October 1st each year to April 30th of the following year. (Ord. 1206 § 1 , 2000). 6.41 .100 Rules for anchorage. (1 ) Except in emergency circumstances, no vessel may anchor in the waterway area of Oak Harbor Bay. (2) Vessels are to be moored using the vessel's own ground tackle/anchoring equipment. To avoid creating a hazard to navigation, and to preclude the illegal placement of mooring buoys upon the state-owned tidelands, installation of mooring buoys and other types of permanent, nonretrievable equipment is specifically prohibited. Likewise, a vessel operator shall not detach and leave in place the vessel's anchor, anchor chain/line, or other anchoring equipment or gear, with the intention of departing the area and returning at a later time. (3) Vessels are required to display anchor lights at night, as prescribed in U.S. Coast Guard regulations. (4) All vessels anchoring in Oak Harbor Bay are to be registered with the harbor master as soon as practicable after arrival. (5) Persons operating vessels shall use sound seamanship and proper safety practices anchoring vessels, allowing sufficient scope for tides and conditions and allowances for arcs of swing. (6) Vessels shall be equipped with safety equipment as required for the type of vessel by the U.S. Coast Guard. (7) Persons operating or anchoring vessels are specifically prohibited from discharging into Oak Harbor Bay sewage, petroleum products, chemicals, paints or any other substances the introduction of which violates state and/or federal environmental regulations. (Ord. 1206 § 1 , 2000). 6.41 .110 Privately controlled property. Nothing in this chapter shall be construed as forbidding an owner of privately controlled property from using the same in a lawful manner; provided, that use of privately controlled property shall be lawfully permitted under applicable state, federal or local law; provided further, an owner of tidelands seeking to use his tideland for anchorage within the anchorage area shall obtain a permit from the city providing such information as is necessary to demonstrate lawful permitted uses by the owner or his or her designee. (Ord. 1206 § 1 , 2000). 6.41 .120 Limitation. Nothing herein shall be deemed to authorize anchorage on private or publicly owned tidelands within Oak Harbor Bay. (Ord. 1206 § 1 , 2000). 6.41 .130 Nuisances. Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in Oak Harbor Bay, or upon the shores thereof or in such position that the same may or can be washed into the harbor, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the harbor master and the expense thereof shall be paid by and recoverable from the person creating the nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution under this section. (Ord. 1206 § 1 , 2000). ANNEX B-2 Port Townsend has both designated general anchorages and voluntary no-anchor zones to protect sensitive marine habitats. Vessels must obtain permission from the Captain of the Port (or Vessel Traffic Service Puget Sound) to use the general anchorages, while the voluntary no-anchor zones are marked by buoys and aim to protect eelgrass beds and shellfish areas. General Anchorages: • General anchorages in Puget Sound, including Port Townsend, require permission from the Captain of the Port, or their authorized representative, Vessel Traffic Service Puget Sound. • Vessels should request permission at least 48 hours in advance to avoid delays. • The Port of Port Townsend may assign specific berths within the general anchorage. Voluntary No-Anchor Zones: • These zones are established by the Jefferson County Marine Resource Conservation Council to protect eelgrass beds and shellfish areas. • They are marked by buoys and are voluntary, but vessel operators are requested to anchor out for safety and to protect these sensitive habitats. • These zones are particularly important because eelgrass beds support endangered and distressed salmon stocks. Other Regulations: • Port Townsend's Port Rules, Regulations, and Procedures apply to all users of the Port, including those using anchorages. • These rules cover a range of topics including moorage, maneuvering within the harbor, and live-aboard permits. • Vessels over 75 feet should make advance contact with the Port before entering the harbor. • Tidal and weather conditions can impact maneuvering within the harbor, and vessel owners are responsible for coordinating any necessary assistance. ANNEX B-3 Bainbridge anchoring restrictions? Bainbridge Island anchoring restrictions Anchoring in Bainbridge Island, particularly in Eagle Harbor, is subject to specific regulations due to environmental protection and navigation safety. Here's a breakdown of the key restrictions: No anchor zones • Regulated Navigation Area (Federal No Anchor Zone): A significant portion of eastern Eagle Harbor is designated as a "Regulated Navigation Area" where anchoring and activities that could disturb the seabed are prohibited. This is due to a federal EPA cleanup site involving buried creosote contamination that anchoring could disrupt. • Aquatic Conservancy: Anchoring is not allowed in the aquatic conservancy located at the far western end of the inner harbor. • Private Tidelands: Anchoring is prohibited in private tidelands without the owner's permission.