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HomeMy WebLinkAboutM012312S District No. I Commissioner: Phi) Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley County Auditor: Donna Eldridge MINUTES Special Meeting January 23, 2012 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. Also present was County Administrator Philip Morley, Associate Planner Michelle McConnell and Deputy Prosecuting Attorney David Alvarez. Representing the Washington State Department of Ecology (DOE) was Cedar Bouta, Paula Ehlers, Lori LeVander, Brian Lynn and Jeffree Stewart and a representative from National Oceanic and Atmospheric Administration (NOAHH) Fisheries, Mike Rust. WORKSHOP: Shoreline Management Plan (SMP): Finfish Aquaculture: The following questions were asked: Chairman Austin asked: What are the legal and scientific justifications for considering finfish aquaculture to be water dependent use when there are clear examples of aquaculture operations without connection to surface waters in non-coastal shoreline regions? Mr. Lynn answered ifit's a water dependent use, it is a preferred use under the Shoreline Management Act. The fact that there may be an alternative use does not mean it's not classified as a water dependent use and is still an allowable preferred use. Commissioner Sullivan asked how does DOE define dependent? A floating casino needs water to float on, is that defined as water dependent? Mr. Lynn answered it depends on the use. A place to have gambling is not dependent on the water, but can be done elsewhere. Commissioner Sullivan asked if fish farming can be done in downtown Milwaukee, is that considered water dependent? Mr. Lynn answered that type of upland farming is not dependent on the shoreline. Ms. LeVander stated that a net pen has to be compared to All Known Available Reasonable Treatment (AKART) and go through the State Environmental Policy Act (SEPA) process. Ms. Bouta stated that DOE recommends a Conditional Use Permit (CUP) so every application is reviewed on a case by case basis. Commissioner Johnson asked if the State would consider a prohibition on in-water finfish aquaculture as acceptable iflegally defensible with a detailed analysis of where and why it is not an appropriate use in every region of the shoreline for Jefferson County? Mr. Lynn stated if there was a use that caused unavoidable, unmitagatable and unacceptable impacts on the environment, DOE would prohibit the use. Commissioner Sullivan asked where does DOE think there is an acceptable area in Jefferson County for this type of use? Mr. Lynn stated the local government with state and other funding does their inventory and characterization of the shoreline to analyze and come to a conclusion for that question. DOE does not have an abundance of technical experts on staff for all issues they deal with, including an aquaculture expert. DOE consults with agencies that do have expert staff, including Washington State Department Page 1 Commissioners Special Meeting Minutes: January 23, 2012 of fish and Wildlife and NOAHH. It is part of the local government role to seek out the information to support their argument and present it to DOE so a decision can be made. County Administrator Morley asked if the DOE could suggest any appropriate places in Jefferson County for net pens? Mr. Stewart responded that he has not found places, but he is not an aquculture expert. Chairman Austin asked what guarantee would there be that there would not be a transmission of a virus from the farmed fish to the native fish? Mr. Rust replied there are no guarantees in life. The diseases farmed fish get here are from the wild and is not something the native wild salmon have not contracted before. Chairman Austin asked is it correct that native salmon runs in British Columbia are diminished when they travel by a net pen? Mr. Rust answered that there has been good and bad effects on nearby aquaculture and he doesn't think that everything is known scientifically regarding this matter. Washington State does not have sea lice because the waters salinity is too low. Commissioner Sullivan asked what documents can be considered during this decision making process? Mr. Lynn answered that the best information should be available and on record. Ms. LeVander stated that the public comment period may be closed, but the process of accepting documentation to make a decision should still be open until a decision is made. Commissioner Sullivan asked what are the differences between Whatcom County's shoreline and Jefferson County's shorelines? Mr. Lynn answered that DOE missed this issue, which was not a big issue, and if Whatcom County were to update their SMP today, DOE would be having this same conversation with them. Chairman Austin stated a letter was received by the County that stated the County should not have a defacto ban against anyone thing; how does the County address that issue if it is unfeasible to have a net pen in a safe place? Mr. Stewart stated that a defacto ban must be avoided and the Conditional Use Permit (CUP) approach is how the issue should be handled. The Shoreline Program is only one part of a regulatory program of what can or can't be done. Conditions of uses for net pens cannot be made so it is impossible to receive a permit for one. That would be the same as banning them all together. Commissioner Sullivan stated the County has deliberated about this issue. The reason why the County is meeting with DOE is because the County does not see an appropriate place for net pens. Ms. Bouta stated a workgroup with individuals in the fish farming industry may be an option to help understand the industry. Commissioner Johnson asked about the pollutants and chemicals that net pens subject the water to? Ms. LeVander answered that net pens in Washington State do not use chemicals that are used in other countries. Commissioner Johnson stated he is concerned about the balance of trade deficit and commercial fishing. Mr. Rust stated the dye used in fish farming is not actually dye, but pigment that is in natural fish. There are only two antibiotics approved for use of vaccines and are usually only used on natural fish when transported and under a lot of stress. Vaccines do not work for bacterial kidney disease and antibiotics are used for that issue. Chairman Austin asked who determines when an appropriate amount of monitoring is done? Ms. LeVander stated she unable to answer that because it is a policy question. Page 2 Commissioners Special Meeting Minutes: January 23, 2012 Commissioner Sullivan asked if anyone is tracking farmed fish from the farm to the table program? Ms. LeVander answered that the Washington State Department of Health may be tracking it. Ms. Bouta answered the Washington State Department ofFish and Wildlife tracks shellfish. Commissioner Sullivan asked how DOE reconciles the order of priority with its decision regarding the prohibition of in-water fin fish aquaculture? Mr. Lynn answered that a water dependent use can be allowed if it is properly managed and sited. Commissioner Sullivan asked if the County adopted and submitted the current SMP, including the banning of net pens, would DOE start rulemaking? Could the County adopt part of the SMP? Mr. Lynn replied that the recommendation is good except for this one issue. He explained the approval and appeal process. DOE tries to negotiate as much as possible before rulemaking and would prefer to not move into the rulemaking process, but will if the negotiating is not successful. The entire SMP has to be adopted at the same time, not in segments. Ms. Bouta stated it does start if the County sent a letter to DOE stating that the County is not going to respond to the required changes would probably implement the rulemaking process. County Administrator Morley stated that the County may want DOE to implement rulemaking because the County Commissioners could tell the citizens "the State made us do it". Discussion ensued regarding potential CUP criteria. Mr. Rust invited the Board to see net pens in the Manchester lab. NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn special the meeting at 4:24 p.m until the next regularly scheduled meeting or properly noticed special meeting. Commissioner Sullivan seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS ~ Phil Johnson, Member "''''d~ ' Page 3