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HomeMy WebLinkAbout04 1107 11 cc;.~-.~ ~ ~~ \\ .f\\ STATE OF WASHINGTON County of Jefferson In the matter of a } Moratorium on new Mooring } Buoy's in the southem portion of } Port Townsend Bay } Ordinance # 04-1107-11 The Jefferson County Board of County Commissioners enters the following findings of fact: 1. Jefferson County has committed to planning under the provisions of the Growth Management Act, codified as RCW 36.70A. 2. Jefferson County implements the Growth Management Act through a comprehensive plan adopted in 1998 and updated in 2004. 3. The Comprehensive Plan of Jefferson County provides goals and polices on page 8-36 of the Comprehensive Plan to implement the provisions of the Shoreline Management Act found at RCW 90.58. 4. The Shoreline Management Act development regulations are implemented in Jefferson County through the Jefferson County Code (JCC) in section 18.25. 5. Mooring Buoys are regulated by provisions of Jefferson County Code found at JCC18.25.380. 6. The Shoreline Management Act found at RCW 90.58.590 grants counties moratoria authority as an important aspect of complying with environmental stewardship and protection requirements when implementing that legislation. 7. This state law provides that local govemments may adopt moratoria provided that all lawfully existing uses, structures and other development shall continue to be deemed lawful. 9. 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. WHEREAS, Port Townsend Bay is near the entrance to Admiralty Inlet being part of the Strait of Juan de Fuca, all being marine waters of the State of Washington; WHEREAS, this southem portion of Port Townsend Bay includes areas locally known as the Chimacum Creek Beach Park, Lower Hadlock, Skunk Island, and the Old Alcohol Plant; -'.~. WHEREAS, these areas are in proximity to the IrondalelPort Hadlock Urban Growth Area; WHEREAS, until a sewer system is installed and available to serve the Urban Growth Area, transitional zoning is in place, which allows rural commercial and rural residential uses to take place; WHEREAS, under the existing Shoreline Master Program the area has a mixture of shoreline environmental designations including conservancy, urban, and suburban; WHEREAS, these shoreline areas include feeder bluffs and drifts cells such as the Hadlock Bluffs that created depositional beaches and accretionary beaches such as the Hadlock Lagoon and Chima cum Creek Beach; WHEREAS, this marine water body includes eel grass beds which accommodate sand lance and surf smelt, provide overwintering habitat for waterfowl and are hosting coho salmon, cutthroat trout, and the endangered species of steelhead trout and summer chum salmon; WHEREAS, this southern area of Port Townsend Bay has a wooden boat school, one commercial shellfish bed, a mix of residential development with docks, bulkheads and mooring buoys, a public boat launch, a marina and has active use by the boating public; WHEREAS, there are competing interests in this southem portion of Port Townsend Bay between boaters, near shore residential uses, commercial uses and shellfish harvesting both recreationally and commercially: WHEREAS, Washington State Department of Health issued a news release on June 1, 2011 indicating that the southern portion of Port Townsend Bay was threatened with closure this year; WHEREAS, the Washington State Department of Health (DOH) Office of Shellfish and Water Protection issued their annual growing area review report stating that Port Townsend Bay meets water quality standards but is threatened with a downgrade in classification due to the amount of boating activity and potential pollution associated with transient boat anchoring; WHEREAS, an increase in the number of boats within the southem and westerly portions of Port Townsend Bay, and particularly the area near Lower Hadlock may adversely impact commercial and recreational shellfish harvesting operations; , WHEREAS, a commercial shellfish closure has adverse economic impacts on local business; WHEREAS, the Jefferson County Public Health Department will be monitoring water quality in Port Townsend Bay through the Northeast Jefferson County Clean Water Project beginning in 2012; WHEREAS, Jefferson County is near final adoption of their Shoreline Master Program through the State Department of Ecology including provisions for permitting and placement of mooring buoys; WHEREAS, the new shoreline master program has provisions that are consistent with the standards outlined in the National Shellfish Sanitation Program (NSSP); WHEREAS, Jefferson County is in a partnership with state agencies and local tribes seeking to create a management plan for the aforementioned portions of Port Townsend Bay in order to prevent any adverse impacts to commercial shellfish harvesting and/or downgrading of the area by DOH; WHEREAS, a bay management plan is one element of the work plan for the stakeholders group; WHEREAS, a bay management plan would examine the competing interests for using the southem and westem portions of Port Townsend Bay and would include evaluation of mooring buoy placements; WHEREAS, permitting additional mooring buoys in the southern and western portions of Port Townsend Bay may exacerbate problems associated with over use of the bay and lead to potential shellfish closures; WHEREAS, it is in the pUblic interest to protect commercial shellfish harvesting in Port Townsend 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 the southern portion of Port Townsend Bay (as defined in the attached management plan area map), 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 movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of the planning being conducted during the development of the Port Townsend Bay Management Plan. , SECTION 2. Pursuant to the provisions of Ch. 90.58 RCW, the Shoreline Management Act, this moratorium does not affect any lawful mooring buoys in place in the southern area of Port Townsend Bay (as defined above) 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 and management plan area map are hereby incorporated by reference, see Attachments A and B. 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 -f' day of~, 2011 ~ sEAi..!~rY ~g~~, JEFFERSON COUNTY /:.. "," ::~~~..~.~~~'\" BOARD OF COU TY COMMISSIONERS ~ ,. l! .."" ~\',.\ \~ :: ~./ .:...t . ~\'~ ., ,: . : '" Ph , ~ ~,\' " _ ,~' E..,rn I; \,," ". ;7 !' /1 \,v.cl\C.. ~'(1/ '" ,,"., --~"'''.a' , "', i.-", to.. .ot, "'.';:'''~D~ ct)S~// .,.-'"~-==--"- ,--- ATTEST: ~~ ~~ Clerk of the Beard I U.~-ru;k1 ffPROVEDA TO FORM: V~ David Alvarez, Deputy, Prosecuting Attorney , Port Townsend Bay Work Plan Issue: The issue is the threat of closure of shellfish harvesting In the southern portion of Port Townsend Bay due to the presence of too many vessels anchored or moored near commercial shellfish beds. Issue also involves concerns over presence of derelict vessels and the use of vessels by people living aboard. Solution: Considering all uses, develop a plan or strategy to manage vessels In a manner that wlII avoid future closures of commercial shellfish harvesting In the southern portion of Port Townsend Bay. Strategy: Through facilitation by the Governor's Office of Regulatory Assistance, undertake a collaborative process with stakeholders, government agencies, tribal governments and interest groups (see list below); engage the public throughout the decision-making process; and prepare a plan for Port Hadlock in partnership with stakeholders that achieves the follOWing: a. Reduces the number and proximity of vessels in relationship to the commercial shellfish beds through enforcement action to avoid shellfish harvest closures by Department of Health. This may involve removing mooring buoys and vessels not properly permitted or authorized. b. Establishes a voluntary "No Anchor Zone" in the southern portion of Port Townsend Bay, similar to that In place In Mystery Bay, to direct transient boaters away from commercial shellfish beds in order to prevent emergency closures due to number of transient moorages. c. Identifies a mooring area in a portion of the southern portion of Port Townsend Bay in the area appropriate to authorize mooring buoys for use by recreational and/or commercial vessels d. Identifies an appropriate area in the southern portion of Port Townsend Bay for transient moorage and navigation. e. Establishes a Community Monitoring/Education effort - Establish monitoring and reporting process to maintain levels of use consistent with shellfish harvest regulations. f. Consider other factors and strategies necessary to address the issue and achieve the desired solution. Stakeholder Ust: The follOWing list identifies potential stakeholder, government agencies, tribal governments and Interest groups, to invite to the collaborative process, other stakeholders may also be included as necessary: . Government Agencies o Jefferson County o Washington Department of Health o Washington Department of Natural Resources o Washington Department of Fish and Wildlife o Jefferson County Marine Resources Committee o United States Army Corp of Engineers o United States Navy o Port of Port Townsend . Tribes o Jamestown S'kallam o Port Gamble S'Kallam Tribe o Lower Elwha Klallam Tribe o Suquamlsih Tribe . Interest Groups o Port Hadlock Yacht Club o Port Hadlock Marina o Northwest School of Wooden Boatbullding o Broder's Clam Farm o Northwest Indian Fisheries Commission o Point No Point Treaty Council o Megan McCrary o Pacific Coast Shellfish Growers Association o Friends' of Chima cum Creek o North Olympic Salmon Coalition o Residential OWners o Other Geographic extent: The area of particular concern for commercial shellfish ciosure Is limited to the tidelands located west of Skunk Island and south of the Port of Port Townsend boat launch and dock. However, because the strategy considers vessel uses In the general Port Hadlock vicinity, the geographic extent proposed for the management area Inciudes other areas In view of boating activities and land uses that may effect the management plan (See Appendix B - map of management area). Calendar of events: November 7,2011 Nov/Dec- 2011 Moratorium on mooring buoys placed by BOCC Agencies begin enforcement efforts by tagging and/or notifying unauthorized :vessels Agencies conduct Inventory and gather information from the field on vessel use Office of Regulatory Assistance establishes the Stakeholder group 1st Stakeholder's group meeting: review Issue, solution and begin process 2nd Stakeholder group meeting: discuss details of strategy; form subcommittee to draft plan 1st Sub-committee meeting to develop draft management plan 3rt! Stakeholder meeting: Stakeholder's group meeting to review draft management plan finalize and release draft plan for public review (two weeks before public meeting) Final draft management plan prepared Extend Moratorium for six additional month with updated Work Plan Hold Public Meeting to solicit comments on the draft management plan 4th Stakeholder's group meeting: discuss public comments Identify changes 2nd Subcommittee meeting to Incorporate changes to management plan Final draft of the management plan is released for public comment period. Adopt Management Plan End Moratorium Agency action begins to Implement plan and achieve solution Final Stakeholder's group meeting: review and identify needs for follow up If any. DOH public notice on the Port Townsend Bay growing area classification Nov/Dec- 2011 Nov/Dec 2011 January 2011 February 2012 March 2012 April 2012 April 2012 May 2012 May 2012 June 2012 June 2012 July 2012 August 2012 August 2012 September 2012 September 2012 September 2012 The remedy of the Issues and drcurnstances: The moratorium(s) on mooring buoys would allow adequate time for interested parties and the general public to be engaged In the development and final adoption of a management plan. The moratorium period will allow for field Identification of existing activities and uses, allow a time period for voluntary compliance and enforcement as needed in parallel with a program to gain public participation and involvement in solving management issues Identified In the management plan process. . . i! ----.-'----..- , ..--..... , . __.__~J--"""'___-' -y I I I i Appendix B Management Plan Area Map Within the southern portion Port Townsend Bay, those waters lying westerly of a line drawn between the SE corner of parcel number 980-100-019 and the SE corner of parcel number 001-353-003. Port Townsend Bay " 901122001 ,; . ~_. ~ l' RRrTONNS3\ID BL\Y MANAG8v1 S\IT RAN LOJI.'ffiJ-iADl...OO( .effermn Ollmty Board of Cbunty Cbmmissioners Cbnsenl PQ9nda 11-7-11 .it. ~ .. ""Ii. ..u I ua:JN axJN1Y EDARDOFaxJN1YOOMMISSONER; REWlARAGENDAREQUE5I' 10: FROM: Board of Q:lunty Commissioners PhIlip Morley, Q:lunty Mninlstrator AI S:aIf, IXD Director DATE: NCIIIeIlIber 7, 2011 SJB.B:J": PORTTOWN93IID BAYMOORJNGElJOYMORAlORUM srAlB'o'IENTOFISSJE: The Department of Cbmmunity Development requests the Board of Cbunty Cbmmissionersto establish a moratorium on the placement of new mooring buoys in the &luthern portion of Fbrt Townsend Bay. A moratorium on new mooring buoys isthe starting point as interested parties, local tribes, slate agenciesand ..effer&ln Cbunty prepare a management plan for thisarea. The Lower Hadlock area is subject to competinginterestsof the boating publicaswell as upland land uses. Thesewater and land uses have the potential to adversely affect commercial shellfish harvesting within the &luthern portion of Fbrt Townsend Bay. A mooring buoy moratorium will provide a period of time where existing buoys whether authorized or unauthorized can be inventoried and evaluated for complianrewith applicable county and slate legal requirements. Transient boat locations can be monitored to verify if boaters are adversely impaclingthe commercial shellfish beds. Rnally, various land useswill be examined to promote a coordinated effort for protection, use, development and restoration opportunities through a management plan proress. The management plan prooosswill include a public outreach program facilitated by the slate afice of R9gulatory Assistance. ANAI..'t9S STRAlEGCGOAlS: A publichearingwill be stJedule before the EDCI;within the next two months offering the publica opportunity to address the Board on this matter. R!OU.IMPACT: The ..efferron Cbunty oostsa5&lciated with developing the moratorium, participation in the formation of the management plan and the on going monitoring of the activitieswithin Fbrt Townsend Bay are induded in the 2011 annual budget approved for DCD. RBDMM8IIDAlION: Saff reoommendsthe l3ClCCapprove the moratorium and attadled work plan for a period of six months. RE.\IIBN8J BY: A1ilip Morley, Cbunty Administrator Date " lj". ,. !; srAlEOFWAS-IINGTON Cbunty of .8fferson In the matter of a O'dinanoo# Moratorium on new Mooring Ekroy's in the llluthern portion of R>rt Townsend Bay } } } } The .efferllln <bunty Board of <bunty <bmmissioners entersthe following findings of fad:: 1. .efferllln <bunty has oommitted to planning under the provisions of the G"owth Management Pd.. oodified as roN 36.70A 2. .efferllln <bunty implements the G"owth Management Pd. through a oomprehensive plan wopted in 1998 and updated in 2004. 3. The <bmprehensive Ran of .efferllln <bunty providesglals and poliooson page 8-36 of the <bmprehensive Ran to implement the provisions of the Sloreline Management Pd. found at roN 90.58. 4. The Sloreline Management Pd development regulations are implemented in .efferllln <bunty through the .efferllln <bunty <Dde (.0::) in Sldion 1825. 5. Mooring Buoys are regulated by provisions of .efferllln <bunty <Dde found at .ID825. 380. 6. The Sloreline Management Pd found at roN 90.58.590 grantsoounties moratoria authority as an important asped of oomplyingwith environmental stewardship and protedion requirements when implementing that legislation. 7. This state law provides that local govemmentsmay wopt moratoria provided that all lawfully existing uses, struc:turesand other development shall oontinue to be deemed lawful. 9. A moratorium may be effedive for up to six months if a detailed work plan is prepared for remedying the issues and circumstanoosneoossitatingthe moratorium, and may be renewed for two six month periods. ~ R>rt Townsend Bay is near the entranooto Admiralty Inlet being part oftheSrait of .1Jan de RIal, all being marine waters oft he Sate of Washington; ~ thisllluthem portion of R>rt Townsend Bay indudesareas locally known as the Olimacum O'eek: Beach Park. I.ower Hadlock, Swnk Island, and the ad A1oohol Rant; I, .. .,;f'. ~ these areas are in proximity to the IrondalelFbrt Hadlock Urban G"owlh Area; ~ until a 9i1Ner system is installed and available to serve the Urban G"owlh Area, transitional2Dning is in place, whim allows rural oommerdal and rural residential uses to take place; ~ under the existing Sloreline Master A"ogram the area has a mixture of shoreline environmental designations induding oonservancy, urban, and suburban; ~ these shoreline areas indude feeder bluffs and driftsrells sum as the Hadlock Buffs that aeated depositional bead1esand aa:retionary bead1essum asthe Hadlock I..a!Pon and Olimacum O'eek Beach; ~ this marine water body indudeseel grass beds whim acoommodate sand 'Ianre and surf smelt, provide overwintering habitat for waterfowl and are hosting ooho salmon, aJtthroat trout, and the endangered species of steelhead trout and summer mum salmon; ~ this9Juthem area of Fbrt Townsend Bay has a wooden boat school, one oommerdal shellfish bed, a mix of residential development with docks, bulkheads and mooring buoys, a pUblic boatlaunm, a marina and has active use by the boating publiC; ~ there are oompeting interests in this9Juthem portion of Fbrt lbwnsend Bay between boaters, near shore residential uses, oomrnerdal uses and shellfish harvesting both reaeationally and oommerdally: ~ Washington Sate Department of Health issued a news release on J.me 1, 2011 indicalingthat the 9Juthem portion of Fbrt Townsend Bay was threatened with dosurethisyear; WHI3'tAS the Washington Sate Department of Health (DOH) afire of Slellfish and Water A"otection issued their annual growing area review report stating that Fbrt Townsend Bay meets water quality standards but is threatened with a downgrade in dassificalion due to the amount of boalingaclivityand potential pollution asoodated with transient boat anmoring; ~ an inaease in the number of boatswithin the 9Juthern and westerly portionsof Fbrt Townsend Bay, and particularly the area near Lower Hadlock may adversely impact oommerdal and reaeational shellfish harvesting operations; .,: 'f~ .. .1 ~ a rommerdal shellfish dosure has adverse eronomic impacts on local business; ~ the Jtfel'lDn Cbunty Rlblic Health Department will be monitoring water quality in R>rt Townsend Bay through the Northeaft Jtfel'lDn Cbunty Oean Water A"ojed beginning in 2012; ~ Jtfel'lDn Cbunty is near final adoption of their Sloreline Master A-ogram through the Sate Department of EOOlogy induding provisions for permitting and plarement of mooring buoys; ~ the new shoreline master program has provisions that are ronsistent with the standards outlined in the National Slellfish Smitation A-ogram (N$'); WI-IEH1\S Jtfel'lDn Cbuntyisin a partnership with state agendesand local tribes seeking to create a management plan for the aforementioned portions of R>rt Townsend Bay in order to prevent any adverse Impactsto rommerdal shellfish harvesting andJ or downgrading of the area by COi; WI-IEH1\S a bay management plan is one element of the work plan for the stakeholders group; WI-IEH1\S a bay management plan would examine the rompeting interests for using the lDuthem and western portions of R>rt Townsend Bay and would Indude evaluation of mooring buoy plarements; ~ permitting additional mooring buoys in the lDuthem and western portionsof Rlrt Townsend Bay may exarerbate problernsaslDdated with over use of the bay and lead to potential shellfish dosures; ~ it is in the public interest to preted rommerdal shellfish harvesting in R>rt Townsend Bay; NOIN. ~ BEITORJAINBJ by the Board of Cbunty Cbmmissioners of Jtfel'lDn Cbunty asfollows: SECIlON 1. A moratorium is plared on submittals of shoreline permit applications to the Jtfel'lDn Cbunty Department of Cbmmunity Development for plarernent of mooring buoys in the lDuthem portion of R>rt Townsend Bay (asdeflned In the attached management plan area map), except when: 1)thestate Department of Health notifiestheJtfel'lDn CbuntySloreline Administratorthat movement or placement of a mooring buoy would rontributeto preventing or liftinga shellfish harvesting dosure; or 2) the JtferlDn Cbunty SlorelineAdministrator determinesthat an application for the movement or plarement of a mooring buoy must be awlpted and reviewed by JtferlDn Cbunty in furtherance of the planning being ronduded during the development of the Rlrt Townsend Bay Management Ran. i- ~ .". RV EIlON 2. A.lrsuant to the provisions of 01. 90.58 RJI'J, the Sloreline Management /d, this moratorium does not affect any lawful mooring buoys in place in the oouthem area of R>rt Townsend Bay (as defined above) on or before the date this O'dinance beoomeseffective. EIlON 3. Swerability. If any provision of this ordinance or its application to any peroon or dlUlJTlSl:ance is held invalid, the remainder of the ordinance, or the application of the provision to other peroonsor dranllstances is not affected. EIlON 4. The work plan and management plan area map are herebyinmrporated by reference. seeAttachmentsAand B. EIlON 5. Effective date. Thisordinanoo shall take effect immediately after p ~ and shall remain effective for six months or until repealed by the ~ AFHOJEDANDADCPT8Jthis_dayof .2011 s:oAI..: .u I U <::1.1'J CXXJNlY ED\RlCFCXXJNlY CDMMlmCNR:i Ani .bhnoon, Member David adlivan, Member ATTESI: .bhnAustin, Otair Beth HIi aerk of the Board AFHOJEDASlO RHJI: David Alvarez, Deputy AusecutingAttorney ~ .'1,..- ~ , t Port Townsend Bay W!JI'k F'Ian 1saJe: The issue is the threat of dosure of shellflm harvesting in the rout hem portion of Fbrt Townsand Bay due to the presence of too many vessels anchored or moored near commercial shellfish beds. Issue alro involvesconcemsover presence of derelid vessels and the use of vessels by people living aboard. S:lIutlon: Qmsldering all uses, develop a plan or strategy to n 181 Jage vessels In a manner that will avoid future dosuresof commercial shellf1m harvesting In the routhem portion of Fbrt Townsand Bay. Srategy: Through fa:ilitation by the Glvernor'sOfljce of R9gu1atory AssIstance, undertake a collaborative processwith stakeholders, governrnent agendas, tribal govemmentsand interest groups (see list below); engage the publicthrougrout the dedslon-making process; and prepare a plan for Fbrt Hadlock in pertnermip with stakeholders that achievesthefollowing: Fb:lucesthe number and proximity of vessels in relatlonmip to the commerdal shellf1m beds through enforcement adion to avoid shellf1m harvest closures by Lepertment of Health. This may involve removing mooring buoys and vessels not properly permitted or authorized. EStablimesa voluntary"r-h Anchor Zone" in the routhem portion of Fbrt Townsend Bay, slmllerto that in plooe In Mystery Bay, to dired transient boaters away from commerdal shellflm beds In order to prevent emergency dosuresdue to number of transient moorages. ldentifiesa mooring erea in a portion of the routhem portion of Fbrt Townsand Bay In the erea appropriate to authorize mooring buoysfor use by recreational and! or comrnerdal vessels Identifies an appropriate erea In the rout hem portion of Fbrt Townsand Bay for transient moorage and navigation. EStablimesa Olmmunity Monitoril19'Eiiucatlon effort- EStablim monitoring and reporting prooossto maintain levels of use consistent with shelifim harvest regulations. Olnsider otherfaclorsand strategiesnec ~ I :lto addressthe issue and achieve the deslredrolution. 9akeho1der Us!: The following list identifies potentiai stakeholder, governrnent agencies, tribal governments and interest groups. to Invite to the collaborative process. other stakeholders may alro be induded as ne :,~ I)': C?overnrnent Agendes oJtferron Olunty oWaSlinglon Department of Health oWaS1inglon Department of Natural Rlrources oWaSlinglon Department of Rm and Wildlife oJtferron Olunty Marine Rlrources Olmmittee oUnited Sates Army Olrp of Ehgineers oUnited Sates Navy oFbrt of Fbrt Townsand Tribes o..amestown Skallern oFbrt GembleSKallern Tribe oLower 8wha KIaIlern Tribe oSJquamislh Tribe oNorthwest Indian Rsheries Olmmlsslon oFbint No Fbint Treaty Oluncil ,- .. _J__ Interest Q-oups - Fbrt Hadlock Yad1t aub -Fbrt Hadlock Marina -Northwest S:hool of Wooden Boatbuilding -BrcxIer'saam Farm -Megan McO'ary -RlcificOlest SleIlfish G'owers.~ion -Friends' of Olima::um free!< -North OympicSllmon <baIition -Rlsidential 0Nners -Oher Geo9'aPhIcextent: The area of partia.dar concern for commerdal shellfish closure is limited to the tidelands located west of S<unk Island and mulh of the Fbrt of Fbrt TllWl1lIlI1d boat launch and dock. !-bwever, becallse the stralegyconSdersvessel uses in the general Fbrt HOOlockvicinity, the geographic extent proposed for the IJlallagement area includes other areasin view of boating <divitiesand land usesthat mayeffect the IIIC8..g.,ment plan (S3eAppendix B-rnap of management area). catendarof events November 7,2011 Novl Deo- 2011 notifying unaulhori2ed Nov/Deo- 2011 field on vessel use Nov/Dec2011 group Jmuary 2011 begin process February 2012 2rxl9akeholder group meeting: di=detallsof strategy; form SJbcommittee to draft plan March 2012 1st SJb-committee meeting to develop draft management plan April 2012 3rd 9akeholder meeting: 9akeholder'sgroup meeting to review draft management plan finali2B and release draft plan for public review (two weeks before public meeting) April 2012 RnaI draft IlIallagement plan prepared May2012 Extend Moratorium for axadcfltional month with updated Work Ran May 2012 !-bId F\Jblic Meeting to mlicit commentson the draft management plan ..lme2012 4fu 9akeholder'sgroup meeting: di= public comments identify changes ..lme2012 2rxl Slbcommittee meetlngto incorporatecll8llQ6Sto management plan J.IIy 2012 RnaI draft of the mal tagement plan is released for public comment parted. Augusl2012 Adopt Management Ran Augusl2012 E1d Moratorium Slptember 2012Pglncy <dion beginsto Implement plan and achieve mlulion Slptember 2012Rnal9akeholder'sgroup meeting: review and identify needsfor follow up if any. Slptember 201200; public notice on the Fbrt Townsend Bay growing area c1asSflcation Moratorium on mooring buoys pla:ecl by EO:C Pglncies begin enforcement efforts bytagjng and! or vessels Pglnciesconduct Inventory and gather information from the afice of RlguIatory Assistance establishes the 9akeholder 1st 9akeholder'sgroup meeting: review issue, mlulion and The remedy of the Issues and drcumstanaes: The moralorium(s) on mooring buoyswouid allow adequate time for interested parties and the general publicto be engaged in the development and final adoption of a n I8IIdg61'W plan. The moratorium parted will allow for field identification of existing <divitlesand uses, allow a time peried for voluntary compliance and enforcement as needed in parallel with a program to gain public participation and involvement in mlving management issues identified in the management plan process. .. "lo. , ..' ~,.._:4.."."._. ,>1 ....._-... "'" A.t.llr ~B 'J; : ~,:..:),' , M..-.PlmArea Map ;' .J"'~'~..:-. ~ WIlbinlheiM,A'l1'" pomonPortTo..~"~_lying "~1 ofaJlmcm.wn bel..~1he 'I'. . r., T;'~~~ of~1'<'1P\>er..:tOO-ODandIheSEc:oomerofpuoleJ ~001~ E=: : J-. " .' I : =-." -= I',,: ,- '{-: I Port~&g l , ; I ':",. T\.. '. .," ..' .' :.\~, .~ 'I -', ''':'.:>, A,; ~l$; l-. " ,,-'.". t-:" ~.. -;.-., ,,,,:r ~. (-tJ.. t' ~..-+ ...... T A"~- .. ''<'.'..... I/' ~r" "'1't !,v :;ii;'~ r .. -<:'1 ii Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR AGENDA REQUEST DATE: Board of County Commissioners Philip Morley, County Administrator AI Sealf, DCD DireclO~ . November 7,2011 TO: FROM: SUBJECT: PORT TOWNSEND BAY MOORING BUOY MORATORIUM STATEMENT OF ISSUE: The Department of Community Development requests the Board of County Commissioners to establish a moratorium on the placement of new mooring buoys in the southern portion of Port Townsend Bay. A moratorium on new mooring buoys is the starting point as interested parties, local tribes, state agencies and Jefferson County prepare a management plan for this area. The Lower Hadlock area is subject to competing interests of the boating public as well as upland land uses. These water and land uses have the potential to adversely affect commercial shellfish harvesting within the southern portion of Port Townsend Bay. A mooring buoy moratorium will provide a period of time where existing buoys whether authorized or unauthorized can be inventoried and evaluated for compliance with applicable county and state legal requirements. Transient boat locations can be monitored to verify ifboaters are adversely impacting the commercial shellfish beds. Finally, various land uses will be examined to promote a coordinated effort for protection, use, development and restoration opportunities through a management plan process. The management plan process will include a public ontreach program facilitated by the state Office of Regulatory Assistance. ANALYSIS/STRATEGIC GOALS: A public hearing will be schedule before the BOCC within the next two months offering the public a opportunity to address the Board on this matter. FISCAL IMPACT: The Jefferson County costs associated with developing the moratorium, participation in the formation of the management plan and the on going monitoring of the activities within Port Townsend Bay are included in the 2011 annual budget approved for DCD. RECOMMENDATION: Staff recommends the BOCC approve the moratorium and attached work plan for a period of six months. REVIEWED BY: ( I/~ Date