The URL can be used to link to this page

Home My WebLink About100112_ca03.11~:FF'FRSON COUNTY BOARD OF COON Cl' CY)1)1IISS[ONERS (tEGCLAR AGf?ND.A REQL'1:ST TO: Board of County Commissioners Philip !1'lorley, Couny Administ/ra'to~r FRO~'I: Carl Smith, Director of DC.'D vJ Stacie llosl:ins, Planning ~'Ianager OV,>( DATE: October 1, 2012 Q SCB,TECI': RESOLCITON to adopt the South Port Townsend Bay Manapement Plan; and ORDI\ANCE to release moratorium S'I:ATEMI?\"C OF ISSGE: Final adoption by rosolutiou irf the South Pvri Townsend Bay (SPTB) ivinnngemant Plan and rclesse of the moratorium on new• mooring buoys implemented through ordinance NOS-050?-t2. K:ICKGROUND,':1NAL,YSIS!STRA1'H;GIC GOALS: fhe SPTB Management Flan was prepared to manage boater usa;e in a manner that ensures continued, year- reund harvest of commercial shellfish while halancin~ that interest with the legitirnate use of the bay for public recreation and other commercial use. 11'ashington State departments of 1\atural Resources (DNR) and Health, the Governor's Office of Regulator}~ Assistance (OIL1) and Jefferson County rcpresentmives worked uw_-cthcr to inventory boats and mooring buoys in South fort Townsend Bay and led a group of numerous stakeholders in developing the plan. l he plan in full was presented to the Board and citizens in attendance at the presentation provided on August 27, 201 ~. The Board held a duh' noticed public hearing on September 10, 2012 seeking comment on the plan. NISCAL IMPACT: The .lefferson county costs associated with developing, adopting and implementing the plans are included in the 2012 annual hudget approved for DCU. RI:CObiNtENllATIONS: Stafl'rceonunends the Board: 1. ;lpprove the attached resolution adopting the South Pon Townsend Bay (SPTB) b'lanagement Pian; and 2. .Approve the attached Ordinance releasing the moruorium implemented through ordinance NOS-OSU7- 12. RH;ViE11'Ell BY: / J ~- /;'~ / / `- i ip vlorl ,. (. unty Adminis [au:x-- -\' Date STATE OF WASHINGTON Counh~ of.lefferson In the A4attcr of Adoption of the } RESOLUTION NO. South Port To~tinsend Bay } ~lanagemcnt Plan } WIIEREAS, The Jefferson County Comprehensive Plan has goals and policies to preserve the long-term benefits of shoreline resources: and ~i'IiTREAS, Jefferson County has a Shoreline.14aster Program as codified in Jefferson County Code Chapter 18.25; and ~i'H>JR1J:~S, Jefferson County in collaboration with \Vashington State Department of Natural Resources. Department of I Iealth, Office of Regulatory Assistance and numerous tribal, agency and citizen group sutkcholdcrs has pre}rtred a South Port Townsend Ray Management Plan to manaee boater usaee in a manner that ensures continued. year-round harvest of commercial shellfish while balancing that interest with the legitimate use of the bay for public recreation and other commercial use: and WHEREAS, approval of the South Port "fownscnd Day ~4anagement Plan by this Board falls within the general police power granted to local governments such as .lel•ferson County by the \Vashington State Constitution; and WIIEREAS, approval of the South Pori ToNatsend Bay A-fanagement Plan promotes and benefits the general health, welfare and safety of the populace of.lefferson County. NO~V THEIZEFOItE BG IT RI,5OLVF.D, that Jefferson County approves this South Port Townsend Bay Management Plan dated August 1G, 2012. APPROVGU AND .ADOPTED this 1'` day of October. 2012 S)rAL: JEFFERSON COIN"f Y BOr\RD OF COUN"I'ti' CO\4A41SS1ONERS John Austin. Chair Phil Johnson, Mcmbcr ATTtiSI`. David Sullivan. Member F,rin Lundgren APPROVL•D AS TO FORM: ) Deputy Clerk of'the Board ~J~I, / /;~Vy~~ ~/ 25 J/ 2 David Ah~arez ((( Deputy Prosccutine Attorney S~?UTH ~QRT TavuNSEND BAY Ex~~CI>~TIVE S~'MaMA~'Y Background South Port Townsend gay ~SPTB} is located dear Port Hadlock in .teffersan County, between the west side of Indian Island and the mainland, just inside Admiralty Inlet. SPTI3, like other areas of the Pvget Sound, has multipie and sometimes competing uses. SPTB is an important shellfish area with, both commercial shellfish operations and natural shellfish beds tha# have the potential far harvest by the tribes and the general public. SPTB is also a popular harbor for (raveling boaters and serves as a homepor# for upland Icandowners. area residents. and others. SPTB is also home to the NW School of Wooden ~Boatbui6dir7g: the Port >~adlook Yacht Club; hart of Part Townsend dock grad beat launch; the Port Hadlock Marina; and ocher commercial, residential. and triba9 interests. The number of boats using SPTB has increased over the past several years. to the point where they are impacting commercial shellfish operations. Shellifrsh In gal 1, the Washington State bepartment of health {(~©Hy expressed concern about shellfish beds in SPTB due to the number of boats moored and anchored in the bay. The number of boats exceeded ~katmonal Shellfish Sanity#ion Program (B~SSPy standards that must be adapted by states that export shellfish commercially, Among other rec~uiremer•~ts. the I~ISSP requires the closure of commercial shellfish. areas when the number and density of boats exceeds specified numerical lirr~its called the "marina threshold levels" Along wish private6y owned. companies. western Washingfon's tribes are also active in commercial shellfish operations and have treaty rights providing access to shellfish beds. Shellfish have been harvested by northwest tribes for thousands of years and shellfish have been farmed commercially far rx~are than 15~ years. The shellfish industry represents a significan# portion of Washington State's economy and provides #housands of fara~aily-wage labs in coastal communities. i`lot only da shellfish bed closures affect commercial companies, but are also a direct impact to the Treaty Tribes' ability to access shellfish beds and infringes upon their treaty rights. To learn more about the specific issues and' concerns, a ~uesfion and Answer Frxcfsheet was developed {see Appendix A}. South Port Townsend Bay Management Plan August 16. ~~}~~ __ .._ Page 1 ~IAANA~E~nENT P~A~ Thy P3an To address the problem of fioo many boats anchored or moored treat shellfish beds in SPTg and the threat of shellfish harvest closures, a group of sfakeholders began to meet in early 20] ~, to find a workable and sustainabpe solution. The group's goal is to manage Boater usage in a manner thafi ensures continued, year-round harvest of comrrrercial shellfish while balancing fhot interest with fihe legitimate use of the bay for public recreation and other commercial use, The stakeholder group includes local, state, and federal agencies four treaty tribes; commercial. shellfish interests: local businesses, waterfront landowners and boaters. {see Appendix B~. This plan. is the resulfi of the collaborative efforts of the stakeholder group and provides a unique model to help resolve multiple use conflicts in manner that may have broad application throughout Puget Sound. The group was guided by and operates under the lega'I framework and regulatory authority currently in place see Appendix CJ. 'fhe SPTl3 lvtanagement Plan contains the following mayor eiemenfs; l . Permit and manage boat moorage to ensure that shellfish beds are not negatively impacted. 2. Proceed with enforcement process for mooring buoys and boats that have not applied or otherwise cannot be authorised. 3. tvlanage transient boaters through a voluntary "No Anchor done" in part of SPT~ and manage mooring buoy authorisations that corrrplerrrent transsent use, 4. Establish interpretive displays and material and conduct outreach.. S. Establish along-term boat monitoring plan to assure that the numbers and densities of boats do not exceed the marina threshold levels. 6, develop adaptive management to address ongoing. changes. In order to determine the success level of the ,plan, the staicehoider group will convene. at a rrrinimurrr, once in fhe fall of 20]2, after the beating season ends and once inn t'he spring of 20] 3, before the boating season begins.. The success of fhe plan wily be ranked cis follows: • A successful outcome if there are no closures because of fiao many boats; • An acceptable outcome if closures {due to boats are no r~-rore than two and lir~nited in duration to no more than ] ~ days total and the bay is quickly re- opened to harvest. l~fote - If closures {due fo boats} number greater than two, if closures last longer than 14 days cumulatively, or for any other relevant issue, the stakeholder group will reconvene as soon as practical, but no later than 45 days after nofiification< to evaluate the problem and take action, if necessary. South Pori ~owr~serc Bay ~'vtar~agement Plan A~~gust i 6, 2C:~ 2 Page 2 $C)UTH PART ~taVIINSE~JD BAY Sv~th Dart Townsend l3ay Shellfish PrvtectEVn. Objectiae 1 !Maintain can "Approved"" clcrssificatlan of fhe shellfish grawiing areas to allow continued harvest. Because shellfish. are filter feeders and can concentrate disease-causing organisms and because they are camrr~only eaten raw or minimally cooked, the Washington department of I~Vealth ~dC~H), in accordance with the Nationa9 Shellfish Sanity#ion Program (NSSP}, maintains strict standards for the areas where shellfish are grown. These standards include limits on the ,presence of pollution sources such as boats. The NSSP is managed nationally by the US Food and. Drug Administration {FDA. The NSSP definition of a marina is any water area with a structure (docks, basin, floating docks, etc,) which is used far docking or otherwise rnoor~ing vesseis; and is constructed to provide terrlporary or permanent docking space for more than ten Boats. The FQA has stated the#, under their marina definition. "Any area which has buoy moorage for at least i ~} boats is else considered a marina". When an area surpasses the marina threshold level, the surrounding waters cannot be considered safe for shellfish harvesting, In interpreting the NSSP Guide marina definition, the UC~I~ uses a density threshold of one boat per acre as a screening tool to count boats. towards the rr3arina threshold, The density threshold may need to be decreased in water t~odies that haws poor dilution characteristics {like a shallow enclosed embayment~. In SPTB, there are currently two areas that surpass the marina threshold level: Port padlock Marina and the area in and around the Port fiadlock Yacht Club leasehold See Appendix D ] ~ yellow outline is shellfish beds; black outline is area negatively impacted by boats. In order to maintain an "'Approved"" classification far the commercial shellfish bed in SPTB, it is necessary #o ensure that these two existing areas do not change in such a way that would affect shellfish Reds. Therefore, i# is essentia9 to address mooring buoy management and transient boater use. Currently, there are unauthorised transient vessels moored in close proximity to the commercial harvest area that must be !rr~oved~ in order to achieve this objective. For the long term success 5c~uth Port Tawnser~d Bay Monogemerst Pla;~ Avgvst t 6, 2012 Page 3 ~IILANAGEENT PLAN of this plan, future authorized ar transient uses must not be allowed in this area ~5ee Appendix D2 for the target outconne once the plan is enacted. 1Moor~ng Buoy M~ana~~~men~ - F`ermifiting and enforcement: Objective 2 -Continue necessary permittiing artici enforcerr>aent measures to ensure the manna closure gone for the Port liadlock Yacht Chub mooring field does not result in a downgrade of adjacent shelt~sh beds by ~3eeember 3t. 2i1~2. Since fall 24] 1, the Department of Natural Resources DNR}, Jefferson County. and the Office of Regulatory Assistance (ORA} have worlced together to inventory boats and mooring buoys in South Port Townsend bay. The fist and map showing the status of mooring buoys in the bay scan be #ound in Appendices Ey-3 (Nate -this infarrnation can frequently change}. Appendix E~ is a map of SPT03 prior to development and implementation of this plan. Objective 2a _ Proceed with authorisation iarocess for mooring buoys that can be authari~ed by the t3iVFi. On November 7, 2Di # , Je##ersan County approved and adopted a moratorium on new mooring buoy applications in South Part Townsend Bay see Appendix F~. The DNR has continued to accept applications during this moratorium period, Once the moratorium is over, DNf2 will move forward with processing any applications or registrations that have been on hold, assurr~ing. 1, The applicant possesses or obtains valid permits ar approvals under the Shoreline Ivtaster Program {SMP) or is otherwise in good standing with Jefferson County, 2. The applicant possesses ar obtains a valid permit from the U5 Army Corp at Engineers (Corpse or is otherwise in good standing with Corps requirements, 3. The mooring Buoy is already in place, or it not, the applicant possesses ar obtains an l-hydraulic Project Approval (PiPA} from Washington Ste#e Department of Pish. and Wildlife {WDFW} for installation, 4, The mooring buoy and vessel is 'located or relocated such. that its presence would' not: a. result in DC~H closing an existing commercial shellfish bed. b. cause DOH to downgrade a growing area's classification. or c. surpass the marina threshold level in proximity to tidelands that have the potential for commercial, recreational, or tribe[ Ihanrest in the #uture, 5. The mooring buoy and vessel is located such That its presence would achieve Objective 3b of this plan, and b. The use meets all ether conditions and criteria as required by the DNR and other regulatory agencies. Future permitting ~rocess_-.Jefferson Gounfy will not accepf new Buoy permit applications until the county lifts tike moratorium on mooring buoys in South Port Townsend gay, At that time. the permitting process vvouid proceed in accordance with 5aueh Paf~ ~[~wnsend >;ay !v;~n~gern~nt Pan Au~LSt 1 b, ~p12 Page the standards and criteria set by the individual permitting authorities. Permitting and authorizing agencies will consider granting use authorization for new buoys if the proponent meets the conditions stated in Objective 2a, 9bjec#iVe "h -Proceed wi#h enforcement process #vr rnoaring boys and beats tha# have no# ®pplied tv aNR for an Qu#horiza#~on ^r o#herwise canno# be asthvriized based vn conditions ou#Iined ~n tbjective 2a. The primary permitting and authorizing agencies for mooring buoys in South Port Townsend bay are the aNR..lefferson County, the Washington i~epartment of Fish and Wildlife ~W6~FWJ, and, the f1S Army Corp of Engineers {Corps). A description of the authority and responsibility of these agencies can be found as the South Port Townsend gay Legal Framework docuc~nent in Appendix C. For mooring buoys and vessels currently in SPT~ that are not authorized. have not applied. to DNf2 for an authorization. or cannot 'be authorized based on conditions outlined in Ofajecti~e 2a, the ~NR, Jefferson County, and other stakeholders wi11 collaborate t© take the following action: Vessels. anchored or attached to a moorinc,~. buoy. and mooring buoys with known ownership: i. Final Notice: A final 3b-day notice will be made. either lay certified mail or by pasting on the vessel and mooring buoy, informing the owner that they must vacate their use of State--owned aquatic bands within 3(~ days. ii. Enforcement Action: Enforcement may occur in several different ways, including, but not necessarily limited to the fallowing: ^ An authorized public entity. like the I~NR or the County, may proceed under the Derelict Vessel regulations, RCW 79. t ~~. If a vessel has been left moored or anchored in the carne area without the consent of the aquatic land owner then the vessel is considered to bean abandoned vesseE. An authorized public entity can obtain custody of an abandoned vessel, then dispose of the vessel and seek reimbursement from the vessel owner. ^ DNR may charge a lJse and Occupancy Fee. per RCW l9.] ©5.2(~D and WAC X32-30-12~, which elbows us to charge a fee sixty percent higher than the full fair market rental. f~NE~ or another landowner cou"sd file a trespass action, Maaring 6uay5 that da not have a vessel attached and Where ownership i5 unknown: i. Final Notice: A final 3~-day notice will be made. lay posting a tag on the mooring buoy, informing the owner that they must vacate their use of Sfiate-owned aquatic lands within 3U days, ii. Enforcement action; Buoys wit[ be removed from State owned aquatic P~ands. ~~ .South Part Townsend Bay Management Plan August t os. 2012 Page 5 Future enforcement c~c#POns- Jefferson County and other regulatory agencies. along with the aNR. will work collaboratively using. their individual aufharities to address unpermitted and unauthorized uses in South Port Townsend Bay. Jefferson County and the pNR may, from time to time, conduct surveys of bast use in the bay, but will predominately rely upon the monitoring pro#ocol. as described in objet#ive 4 of this plan, for determining when enforcemerZ# sc#ion is needed in South Port Townsend Bay. Transier~~ 1l~s~e[ Managelment t~bj~ectiue 3 ~ Minimize transient ar~chorirrg in 5outtr Port Townsenc Bay. Aquatic lands in South Port Townsend Bay ¢autside of private tidelands} are managed by the I~NR anal are subject #o the Public. Trust Doctrine, which gives the public the right to engage in naviga#iora. Navigation us construed by the ©NR to include temporary anchoring of a vessel. Transient beaters can 9egally anchor in the same area for periods up to 3{~ consecutive days and fora #o#sl of up to 9~} days in any 36~-day period. without needing #o obtain authorization from the CJNR. Note v "in #'he same area'" rr~eans within a radius of five miles of any loco#ion where fhe vessel previously anchored. In determining whether fhe marina threshold level is exceeded. the ~0~ coon#s a[I boats -- both those moored as well as those temporarily anchored in the bay. This creates a management chal%enge. In an effiort to avoid promulgating and' enforcing new regulations that would formally designs#e a portion of South Port Townsend Bay as a no anchorage zone, the Transient Vessel avtanagement section has been developed. Na#e a Vessels remaining in South. Por# Townsend Bay longer than 30 days without an authorization are in Trespass and subject to enforcemen# sc#ion. [~bjec#ive 3a - establish a wol~ntary "No Anchor zone° ir: portions of South Port Townsend Bay. SMELLFi5I1 PR6'I'fC1"1tlN A voluntary "Na Anchor Zone"' in a por#ion of Soufh Port Z°"~ Townsend Bay, sirr~ilar #o what has been successfully implerner~ted along the Port Townsend waterfront and in Mystery ~~ Bay, could be established to protect shellfiish by keeping boat ~,'~ numbers within permitted levels. Marker buoys designs#ng the Ra~ area as a "Na Anchor done" would have s pie#ure of an anchor '' in a circle mouth a line through it #o designate the area as a no ___--_ anchor zone and would also read. `:Shellfish Protection Zone" i~o Anchor bane see #igure at righ# far an illustration of the marker buoy). These marker buoys would be strategicai'ly placed t® help persuade transient vessels to anchor their vessels elsewhere.. The Jefferson County Marine Resources Committee (MRC) will be cantrac#ed to oversee permitting and installs#ion of the marker buoys Appendix E2 ~-proposed marker buoy lac~tions ore the black flags on the yellow line connecting fhe dock and Skunk Island). Sout}~ Port Tevvnsend day Mor~agement Plan August 16, 2Q12 Poge E, C)bjective 3a - Manage SPTB Mooring Brays and Other Uses to Complement Transient use.. South Part Townsend Bay should be managed in such a way that provides reasonable access far transient vessel use by minirr~iting the number of mooring buoys and other uses in some areas {~easonabie access means within a reasonable rowing distance to the Port duck facility ter another public access area}. In other areas, especially closer to commercial shellfish beds. Cang term mooring bur~ys could be authorized in a way that effectively precludes transient vessel use and would act as a buffer far commercial shellfish beds. This could be achieved thraugh~ strategic authar~ization and permitting of mooring buoys. When new long Perm moorage uses are proposed, agencies under their individual authority would consider whether the use would preclude ar limit transient use. In those areas where transient use is desired, authorizati©ns for Iong term moorage could be avoided and far those areas where transient use is not desired, authorizations for long term moorage cauld~ be encouraged. Additianaliy, local stakeholders are encouraged to limit ar avoid moorage of dinghies from. unauthorized boats. ~baectve 3c- Establish Interpretive ^splays and Material and Cmn~iuct Outreach far the Prblic to Leann and Understand haw 5orth Pert Tawrasend Bay is being Managed. The Jefferson County MI~C, with input from the stakeholder group. well work to establish interpretive displays on or near the South Port Townsend Bay deck. Port I~adlock Marina, and the f~orthwest Schaal of Wooden Boatbuilding. Brochures will also be available at these locations as well as the Jefferson County QCQ permit center and local DNR office far distribut'san to the public. The display and brochures will educate the public about South Port Townsend Bay and explain how the bay is being managed and include a map showing the commercial shellfish beds, mooring buoy authorizations. marina, port management area, and the voluntary "~lo Anchor Zone". Additional outreach will be conducted. through various means including bulletin boards. lace! publications, applicable web sites. and direct outreach to relevant interest groups such as boating clubs.. Monitor Mooring buoy Usage and ~'ransient Anchorage in South Part Townsend' gay to Deterrraine if M®rina Threshold Levels Are Exceeded. Clbje~tive 4 - Manlitar llvluntary tVv Anchor Ivne Area and Remainder of SPTB QCI~ will note locations of beat moorage in the proxirx~ity of Broilers Clara Farm during routine marine sampling runs and may also count boats during periods of concern. The Port of Port Townsend will also monitor boat moorage in the proximity of Broilers. Clam Farm during their routine visits to the Port deck. Increased activity will be noted and South Pt~rt Townsend day Mr~nagerner~t Plan August 18, 2(312 Page 7 reported as described in C7bjective 6. The rema6nder of SPT63 will be monitored by a combination of area stakeholders, the county, DNIZ, and 'd7C3H. The monitoring should focus on anticipated high use periods during the boating season ~Mpy i ~-September ~C}j. especially an weekends and known high use evenfs je.g., regattas and the Wooden Boot I/estival}. ~a~# Illtoorage Sa~e~y~5ecvri~y ~7bjec#ive ~a -Damage anc4 Economic Lass Quring the development of the SPTB Manager~er'tlt Plan's section an Baaf lvlparage SafetyJSecurity. an issue arose regarding the Sock of insurance coverage by many boat owners. No mptter how careful and diligent some boat owners are accidents and storms have caused boats to break free from their anchorage or mooning and cause subsequent damage and economic loss to other boat and property owners in fhe area. There hove also been occasions where human health and safety have been jeopardized by loose boats crashing into the marina and afher properties. There have also been several close calls. W pile the threat to safety and security of authorized vessels and property will be significantly reduced fhrough permitting and enforcement (see objectives 2 and 3), it will not be altogether eliminated. Insurance coverage may not compensate for damages in every instance, i.e., storms and Acts of God. but at least some events causing damage and economic loss may be covered. Currently, insurance is only required in some instances; far example, ~NR requires insurance for users that lease state owned aquatic Iands (e.g. marinas. and commercial mooring buoys) and marina owners typically require insurance for boats moored at their facilities. There are several instances where insurance is not specifically required. including: • dNR license haxders: recreational vessel owners authorized by DNR to install and maintain a mooring buoy on state-owned aquatic lands under a mooring buoy license are not required to have insurance. • Abuffirac~ F2esrdentiaP owners: RCW 79. l~ ~}5.43f7, the law which allows abutting residential owners to place a mooring buoy onState-owned aquatic lands does so without requiring insurance as a precondition. Transient users: In addition transient vessel users operating or anchoring their vessels pursuant to fhe public trust doctrine are .not required to have insurance. The stakeholder group explored whether insurance requirements could be expanded beyond those now in place. but concluded that this issue is outside the scope of fhe group and that the ultimate solution would require a brooder effort and perhaps even ~. South Fort Townsend Bay ,°~,unagemen Plan Augus~ 16, 2012 Page ~ new legislation. However., the issue was important enough too many in the group to warrant mention here in fihe SPTB Management Plan. ©b~ect~we §b - lmprc~we Emergency Cvmm~,nFCCa~ican ~'rvicedure • In order to ira~prove emergency response contact information for people holding mooring buoys authorisation in South Port Townsend i3ay can be obtained from fife I~NR. This list can be updated upon request and provided to: Part Ftadlock Marina ~- Vessel AsSiSt Port Hadlock ~'aohfi Club Part of Part Townsend r Jefferson County Sheriff r others upon request • f]NR will request all authorised mooring buoy owners post their emergency contact information. on their vessel. .tefferson County will request mooring buoy owners post emergency r~spanse contact information on their vessel and provide err~ergency contact information to l7lUR for inclusion on an emergency response contact list. O~bject~we 5c -Emergency Response ~'rviced~re 1. Wessel Assist Port ~ladlock receives notification of a problem situation {four to five incidents annually, typically from several sources: Part l~adlack Marina., lJorfihwest School of VWaaden Baa~t Building, or various share watchers. Typically, the issue is a "vessel adrift,', originating from the area in and around the South Port Townsend Bay mooring field. ~. Vessel Assist Port Hadlock attempts to verify vesse! description, ownership, and implications of emerging situation. i.e., callisian ;potential. beaching probability, and pollution risks. Typically, however, verification and assessment of implication %s most effective by getting a vessel underway and on scene. 3. Once visual inspection is passible, and if registration numbers are recorded., three resources are notified: b.5. Coast Guard Sector Puget Sound, Part of Port Townsend, and f~NR's Cerelict Vessel Removal Program in an attempt to discover ownership and subsequently establish contact with owner. lane of these resources will, however, release direct contact information as per regulations. Poch resource attempts ownership trace and, if successful. will relay situation to the owner. Unus is then on the owner to resolve the incident. 4. It implications assessed in 2 are deemed critical and imminent, Vessel Assist will take the vessel i~n tow and move it to safe mooring. at either Port Fiadlock Marina or Port of Port Townsend Boat Haven. At this paint, by law, if ownership has not been establ%shed and contact made, all risks and oasts are the liability of the S©vth Ppri Townsend Bay ~Uc~nagerraent Plan August 16, 212 Page 9 tower or salvor and the probability of recovering costs are unlikely. (date ~ an MC3U exists between the Port of Port Townsend and Vessel Assist Port padlock to share equally in those risks provided reasonable efforts are made to secure comrr~itment from I~N12 to assist in cast recovery. What Can the General Public [3v? Qbject~~e 6a - Manitvr Trgnsenf Vessels The genera] public can help in the monitoring and enforcement process by voluntarily keeping records documenting transient vessel use in SPTg. As described above, if any vessel has anchored in the same area longer than 30 days. or for more than 9C~ days in any 355-day period. without [3[~R authorisation, they are in trespass. ~"in fhe same area„ means within a radius of five miles of any location where the vessel previously anchored}.The public can assist enforcementr agencies by keeping written records docum+entirg: 7 J Identifying characteristics of the vessel, 2} Location it is anchored or moored. and 3~ Dates the vessel is present.. Cnce the vessel has remained longer than the time allowed, the public may notify ~i~P or Jefferson County of the unauthorised use. In the case of 9ega! proceedings, it may be necessary far volunteers to sign an affidavit attesting to the fact that the %nformation is Eros and correct. To facilitate monitoring efforts, the following materials will be developed: A map of South Port Townsend gay with existing boatlbuoy locations, annotafied with nurr7ber of boats in each area which wil! necessitate a closure. Calendar with anticipated high boatr use periods. • goof count documents. Ob~ecfiue G'~ - Itespvnsiible ~aat t~wr~ershii~ and Mvvrage goat owners can minimize risk and more efficiently use time and resources with coordination amongst other boat owners in the area. • Carry liability insurance on your boat. • Post Emergency Contact Information on your boat in a visible location. • donor the voluntary "fro Anchor done" and help educatre others about this. • Maintain your ground tackle. Coordinate inspection with neighboring buoylboat owners to reduce costs. South Port Townsend Bay Management Plan Rugust l6, x(]12 Page 10 ~Be properly authorized and permittred in accordance witrh federal, strafe and local laws and regulations. Adaptive Malnalgellrent anal ~fFect~venes~ In order to determine the success level of fibs SPTB fvlanagement Plan. fibs stakeholder groin will convene, at a minimum, once in the fall of 2412, after the boating season ends and once in the spring of 2.013. before the boating season. begins.. Additional meetings will be scheduled' if necessary. The success nfi the plan will be ranked as follows: • A successful outrcome if trhere are no closures because of fioo many boats; • An acceptable outcome if closures (due fio boats are na more than two and limited in duration tro no more than i 4 days total and the bay is quickly re- opened to harvest. If closures due to boats) number greater than two. if closures last longer than ] 4 days cumulatively, or for any other relevanfi issue. the stakeholder group will. reconvene as soon as practical, lout no later than 45 days after notification, to evaluate the problem and' take action, if necessary. The request to reconvene must cgrr~e from, one ~c~r mare) of fibs stakeholders. The ~DaH will be the pointr of contact for this request. Possible actions are, but nofi limited to, fibs following: • Increase public outreach and education • Evaluate manitorirag datra Try different voluntary stratregies • [mplernenfi a rr~andafory "i'~o Anchor done" {see # 1 below • Impose a moratorium • Increase formal federal agency action {see 2 belaw) • Change c®unty enforcement cedes • Seek legislative relief andlor state agency action f f ] ff necessary. prorr~ulgate reguPafion tf-raf would designate South Port Townsend day as a no anchorage zone. Transient uses can be regulated by Jefferson County under local ordinance. DNR also has the ability tro promulgatre no anchorage regulations. if the "`Voluntrary No Anchorage Zone" is not successful, then l~~R and Jefferson County wil9 coordinate to deternr~ine trhe rr~ast appropriate regulafiory options and consider instituting a formal no anchorage zone. ~2J As cfescrri~ed in Appendix ~, tf~e Carps' Pegufafary Prograrrr r~~~ires permits far the c©nstruction of any strr~cture or the placement of a,ny fill in the Nation's wafers. In South Part Townsend Bay. the typical projects authorized in the past incpude the constructrion or installatrion of moorage facilities. lacks, mooring buoys. bank Sc~u;h Dart T~wr;send Bay management Pan Augus~ 16.212 Page 7 1 protection, and aquaculture related activities. The mast common method for authorizing the installation of moorng buoys is ~lationwide Permit (NWP) Y ~. All permits issued key the Carps must not impact tribal treaty rights.. The Carps issued a special public notice on March 19, 2012, regarding the use of Nationwide Permit 10 in Puget Sound. Regional conditions became effective on March 19, 201 ~~ and Wasi-~ingtc~n State Department of Ecology"s 4(}1 Water C~ual9ty Certiticatian conditions are expected in June 2071 ~. St+~te Environlm~nta! Pc~liey Aet 9f a 'lead agency sought to adopt this plan as an action under the State EnvirQnrraental Policy .Act (SEPAj, first the proposal or adoption of rules, regulations and resa9utions of any plan or program relating sole9y to governmental procedures containing na substantive standards would be exernpt under SEPA, see WAC 197_i 1~-80©(19j. A9ang with this exemption and in consideration of the programmatic overview provided by fhis management plan, the following existing enviranr~ental documents could be incorporated by reference per WAC '997-1 1-600 and 635 being available at the Jefferson County Department of Community Deve9opment for pui39ic inspection: Draft and F[na4 Environmental Impact Statements ~D'EIS1'FESIS) and addenda prepared in antioipation of adoption of the Comprehensive Plan in 198. The DEi5 and FEIS, dated February 24> 1997 and May 27, 1998, respectively, examined the potential cumu9ative environmental impacts of land use a9ternatives at the non project level in preparation of a comprehensive plan far Jefferson County. Fina9ly, any proposals involvincd~ natural resource management such as issuance of leases far, andlar placement of mooring buoys designed to serve p9easure craft, are exempt from SEPA review under WAC 197- 11-8x0(24}. Appendices Appendix A -Question and Answer Facfsheet • Appendix B ~- List of Stakeholder Group • Appendix C -South Part Townsend Bay Lega9 Framework document • Appendix Dl -Current Shellfish Beds and Closure lone, yellow outline is shellfish beds: black outl9ne is area negatively impacted by boats • Appendix D2-Target CJutcome far Closure Zone * Appendix E1 - A map of current location. of buoys and boats in South Part Townsend BaylNorth see E3 for details} Appendix lW2 - A map of current location of buoys and boats in South Port Townsend i3aylSouth with location of proposed °`No Anchor lane" 4auays (see E3 ft~r details] • Appendix E3 -South Part Townsend Bay baat/i~uay inventory gist {Nate -this information is subject to change]. • Appendix E4 - A map of South Port Townsend Bay prier fa development and implementation of the management p9an. • Appendix F1 -Jefferson County approved and adapted a moratorium on new mooring buoy appGications in South Part Townsend Bay. S©uth Pflrt Townsend Bay ~~ar,agement Plan August 16, 2Q12 Page 12 Q&A Factsheet: South Port Townsend Bay (SPTB) €~. What pis the issue and oval in South Pert Townsend bay? A. The issue is the threat of closure of shellfish harvesting in SPTB because of too many boats anchored or moored near shellfish beds, The goal !is to develop a management plan that will avoid closure of SPTB to shellfish harvesting. The management. plan must consider all uses in the bay and include along-term approach for the whole bay that allows sustainable coexistence of commercial sheflfiish operations, boat moorage, and other appropriate uses. Q. Why the concern about shellfish safety? A. Shellfish oysters, clams and mussels} feed by filtering the water in which they live. one oyster can filter 5g gallons in a day. These animals ingest and concentrate whatever is in the water, which can include bacteria and viruses when they are present. Because people often eat shellfish raw or lightly cooked, shellfish harvested from polluted areas can be hazardous to eat. Because of these factors, shellfish are a highly regulated food.. ~. Why are we protecting cvmimtercial shellfish operations in 5PT6? A, SPTB shellfish operations are important to aefferson County`s economy and the bay's ecology. Environmentally, shellfish are a key species that graze down phytoplankton as they eat, keeping marine waters clean. ~. What is the concern about boat discharges?' A~ There are two concerns, (1.} Septic or other discharges from boats intentional or unintentional) can concentrate in shellfish and, if ingested, make people ill. The more boats present, the higher the likelihood of discharges occurring. ~~} Like all shellfish-producing states, Washington must comply with the shellfish growing water standards of the National Shellfish Sanitation Program ~(NSSP}, as established by the US Food and Drug Administration, and administered 'here by the l~epartrnent of Health ~~C)H}. Under the NSSP a "marina" is defined as any water area that is used for temporary or permanent docking or mooring for more than ~[3 boats, When an area meets this threshold, the DQH is required to develop a management plan to asstare that shellfish in the area or adjacent to it are South Port Townsend day Management Plan- Appendix A f'a~;e 1 of 3 Q&A Factsheet: South Port Townsend Bay (SPTB) safe far consumption. The plan can include permanent or temporary closures and ether protective measures. Q. VVM'hy are the Tribes cnncerneti ~b~aut SPTB'? A. I~listorically, Tribes have harvested shellfish far ceremonial, subsistence, and trade purposes. Commercial shellfish harvesting continues to be an important source of income far many Tr%'~bal citizens. Closures due to pollution ar other envranr~ental degradation are a direct impact to t'he Tribes` ability to access shelllish beds anal violate their treaty rights.. Treaty Tribes are else co-managers of fish and sheilfish resources, slang with the State of Washington. one of these ca~-management responsibilities is to ensure that shellfish harvested is safe for human consumption by fallowing the NSSP guidelines. Q. 11Vater quality results harre been fine. Why class the shellfish beds? A. NSSP determines health risks by the number and !iocati~on of boats, not water sample results. This is because marine toilets, as opposed to septic systems, provide only Iirnited ar na treatment and the discharge can reach shellfish quickly and with little dilution. Because the discharges are sporadic, water samples rarely capture boating waste, especially considering that marine water is sarnp6ed in same areas only once every ~~ days. Q. C1oes SPTl3 meet the ]VSSI~ defin%ton of a marina? A. l7DH has determined the Hadlock Marina and the mooring field in front of it (partly occupied by the Port Hadlack Yacht Club} meet the NSSP definition of a marina. NC?TE - QCJH counts only beats that can accommodate a marine toilet. A Prohibited marina closure zone to cover the Part Hadlock Yacht Club and nearby boats will be one outcome of the management plan process. However, a desired autcor~ne of this process is thhat this Prohibited zone net encraach on existing commercial shellfish beds. So~ti~ Part ~'awnsend Bay Management Plan- Appendix A Paie 2 ref 3 Q&A Factsheet: South Port Townsend Bay (SPTB) Q~ FCarnr many buoys/vesseCs are in BP~"B? Maw many of t'C~ese uses are authorized? A. When the stakehoider process fiat started, there were ~~ moorage structures %n SPT~. 2C of these (~8afa of the original total) have left the area as of June 2(l].2. Qf the remaiinder, 1~ are authorized and ~7 are unauthorized. Only a handful of Vessels (all currently unauthorized} need to be relocated in order for the existing commercial shellfish beds to remain open.. 'Q• v~-bat authorizations are necessary in prder to have a fiwlCy ie~al mooriir~g C~uoy in SRTB'~ -4~. The aia1R requires either a registration, a ~iicense or a lease depending on individual factors. Jefferson County requires a shoreiine cieVeiopment permit ear exemption. WpFW requires a Hydraulic Project Approval. The IJ.S. Rrrny Corp of Engineers automatical%y covers permitting of mooring buoys under Nation Wide Permit ~Cl if the use meets the terms and conditions covered by that general authorization. South f'a~t Tawr7serrd Bay Management Purr- ABpenc~ix A ~a~e ~ of 3 Appendix ~ - Sa~rth Part Townsend day Team Linda Barnfather Staff for Representative Kevin Van De Wege - Margaret Barrette Pacific Coast Shellfish Drawers Association Viviane Barry Suquamish Tribe Shel'lfis'h Program Manager Alan Bogrser .Governor's Office of Regulatory Assistance - Bill , Brock NW School of 11V`ooden Bast Building Richard Graders Broiler's Seafoods CJ Burleson SPTB Share'line owner Rich Childerrs 'u'IfA 1'~epartment of Fish and 1Nildlife John Collins Port Hadlock Yacht Club Jessica Coyle - Part Ramble S"Klallam Tribe EPA Response Program Manager Larry Crockett Fort of Port Townsend Executive Cirector 't}avid ~yfe Northwest Indian Fisheries Commission 511ellfish Biologist - -- - - Tamara I Caage Port Dami~le S''lClallam Tribe Shellfish Manager Don Givens Part Hadic~ck Yacht Club - Marcus Harvey _ Part Hadlock Yacht Clubf Flyt~ro Tech Diving ,Randy Hatch Point Na Paint Treaty Council Senior Shellfish 'Biologist Tod Hornic'k Port Hadlock Marina Harbormaster Stacie I-laskins _ Jefferson County Dept of Camcnunity I]evelopment Planning Manager Jess Jordan l1S Army Carps of Engineers Bill Kal'na I.JS Navy Bridget Kaminski-Richardson 'WA Departmert of Natural Resources Jared Keefer 'Jeffersar~ County Env Flealth & Water Cl,uality Director Terry Kl~il'e - Port of Port Townsend Environmental Compliance Officer _ Gabrielle LaRoche Jefferson County !Marine Resources Committee Susie Learned ~ ' Friends of Chimacum Creek Bill Mahler 'NW School of Wooden Boat Building Paul 'McCallum Part Gamble S`KIa9laum Tribe Natural Resources Director Megan McCreary SPTB [3ock Owner SheiVa Murray lJ5 Navy Tam Ostrom Suquarnisfr Tribe Salmon Recovery Coordinator Alison ~"Sullivan Suquarnisl~ Tribe Biologist Jinn Peacock SPTB Bast owner Maj-Britt Peacock SPTB Boat Owner - Molly Pearson Friends of Clnirnacum Creek Erin Prewitt SPTB l~aat owner Rick Retinas - SPTB Shoreline Owner Tarni ~ Ruby Part of Dart Townsend Harbormaster Margie Schirato WA Department of Fish and Wiidtlife - Brady Scott WA lepartment of Natural Resources Roger Slade Vessel Assist Part Hadlock David Sullivan Jefferson County Cornrnissioner l'Vlark Toy WA Department of Health Shellfish Prograrr3 Kelly Toy Jamestown S'Klallam Tribe Shellfish Manager Steve Tucker IPort of Port Townsend Commissioner Bob Wise Part Hadlock Marina Append~~l~c C South Pr~~t Tvw~s~nd Bay Leal ~ram~~rark 7'rea~tes and Subsequent Cu~ur~ Deeisic~ns Treaty ~f PDnt Na Pant#, X855 ARTICLE 4 -The right of taking fish at usual and accustomed grounds and stations is further secured to said kndians, in cammon with all citizens of the United States; and of erecting temparary houses far the purpass of curing; tagsthsr with the priwilsge of hunting and gathering mats and berries on opens and unclaimed lands. Provided, hawewsr, that they shall nat take shellfish from any beds staked ar cultivated by citizens. '$e]~dt ~eC1510~ On February 12, 1974, in U.S. w. Washingtc~r~, Federal Judge Gsargs Baldt issued a ruling that affirmed the right of most of the tribes in the state of Washington to contirsue to harvest salrnon up to 5D°/© of the harvestabfe number of fish. ~liany cspponents of this case couch it as a "grant" of rights to the tribes. IVlare accurately, the decision was sirrsply affirming that when the Tribes released their interest in the millions of acres of land in Washington State through a series of treaties signed in 1854 and 1$55, they reserved the right to cantinas fishing, For example, the Treaty of Paint No Paint {1$55 irscludes the follcswing, language: °'The right of taking fish at usual and accs.sstomsd grounds anal stations is further secured to said Indians, in camrrson with* all citizens of the United States " 11/lost of the treaties negotiated by Territorial Governor Isaac Stevens included this, or very similar, language, In 1979, the Ninth Circuit Court of Appeals upheld i3aldt's ruling., and' an.iuly Z, 197°9, the U,S, Supreme Court iargeiy affirmed it, Principles established by the Roldt Decision haws since been appli€d to other resources, including shellfish. *Ta interpret this article of these treaties, United States District Court fudge Baldt looked at the minutes of the treaty negotiations to determine the meaning of '"in common with" as the United States described it to the Tribes, and determined that the United States intended for there to be an eciual sharing of the fish resource between the Tribes and the settlers. Qf this, Judge 13oldt wrote,.'"By dictionary definition and as intended and used in the Qndian treaties and ire this decision, 'in comrnan with' means sharing equally the opportunity to take fish. South Port Townsend Bay Managernetst Tian- Ag~pendix C Page 1 of 9 Rafeedie Decision After hearing testimony from tribal elders, biologists, 'historians, treaty experts, as well as testimony from private property owners artd non-lndiart cammerciai shellfish growers, Federal District Court Judge ILdward Rafeedie followed in the footsteps of the Boldt Decision. He ruled the treaties' "in common" language meant that the tribes had reserved. harvest rights to half of all shellfish from all of the usual and accustomed places, except these places "staked or cultivated" by citizens ~ or those that were specifically set aside for non- Indian shellfish cultivation purposes. "A treaty is not a grant of rights to the Indians, but a grant of rights front them,.' Rafeedie wrote in his December X994 decision, adding that the ~'nited States gavernrnent nrtade a solemn promise to the tribes in the treaties that they would have a permanent right to fish as they had always done. Rafeedie ruled all public and private tidelands within the case area are subject to treaty harvest, except for shellfish contained in artificially created beds.. Since the 11.5. Supreme Court's final refusal in ~9~9 to hear the case, severed parties, including the tribes and shellfish growers, have been working on an implementation plan under the guidance of Seattle iFederal Court Judge Robert Lasnik. The Puk~lic Trust Dactrine The Public Trust Dactrine is a legal principle derived from gnglish Cornrnan Law that has. been adopted by Washington courts. The essence of tl~e doctrine is that the navigable '°waters of the state'° are a public resource owned by and available to all citizens equalEy fnr the purposes of navigation, conducting commerce, fishing, recreation, and similar uses. This trust is n©t invalidated by private ownership of the underlying land. The doctrine limits private use of tidelands and other shorelands to protect the public's right to use the waters of the state. The Public Trust Dactrine does not allow the public to trespass over privately awned uplands to access the tidelands. It does, however, generally protect public use of navigable water bodies below the ordinary high water mark. Prvtectior~ of the trust is a duty of the State, and the Shoreline !IUlanagement Act ~SMA} is one of the means by which that duty is carried out. The doctrine requires a careful evaluation of the public interest served by any action proposed. This requirement is fulfilled in large part by the planning and permitting requirements of the SIVIA. Local governments should consider public trust doctrine concepts when developing comprehensive plans, development regulations, and shoreline master programs. There are few South Pc~rt'I'a~vrtsend Bay Managerr~errt Flan- Appendix C Page 2 of 9 "bright lines", however, as the Public Trust Doctrine is common law, not statutory law, the extent of its applicability can only be determined by state court decisions. Public Trust Doctrine - Navigational Uses The government has power to regulate the public's right to navigation and anchorage.. The aquatic lands managed by the UhIR are subject to the Public Trust Doctrine, which gives the public the right to engage in navigation, together with incidental rights regarded as corollary to navigation, without authorisation from the DIVR. The right to navigate includes the right to incidental anchorage. However, if a vessel remains anchored in one place too long, it is no longer engaged in navigation. Transient uses (e.g., anchorage zorses] can be regulated under county ordinance. The DNR also has the ability to promulgate regufatian in this regard under the new Recreation WAC, although the DNR's process is more cumbersome than the County process. lef~ersan C~~nt~ and tie Shoreline Management Act Shoreline M'arra~;ement Act ~SMAj Washington's SMA was passed by tFae Legislature in 1971 and adopted by the public in a 1972 referendum. The goal of the SMA is "to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines". The Act establishes a broad policy gluing preference to uses that: protect the quality of water and the natural environment, depend on proximity fio the shoreline {"water-dependent uses"}, and preserve and enhance public access or increase recreational opportunities for the public along shorelines. The SMA establishes a balance of authority between local and state government. Cities and counties are the primary regulators but the state through the Department of Ecology) has authority to review [oval programs and permit decisions. S'~ar~line Master Program ~S~P~ Under the SMA, each city and county adopts an SMP that is based on state guidelines lout tailored to the specific needs of the community. More than 20a cities and all 39 counties have SMPs. Local SMPs combine both plans and regulations. The plans are a comprehensive vision of how shoreline areas will be used' and developed over time.. Regulations are the standards that shoreline projects and uses must meet. Note - {fin December 7, 2~7D9, after 3t3 hours of deliberations and weighing hundreds of public comments, Jefferson County commissioners 5auth Fort Tr~wnsend l3ay l'~anagement Flan-Appendix C Page 3 oF9 unanimauscy approved a an update to the Si~€'. The next step is subrnittal to 17efsartment of Ecology far finaP review and appravai. Shoreline permits Each local government'.has established a system of permitting far shoreline development. S~rbstantial Cevelopment Permits are needed far projects casting aver $2,54, or these that materially interfere with the public's use of the waters. Sorr~e projects and activities are simply prohibited by local SMPs or under the policy of the Act. However, it is far mare common that the issue is haw a development should be done -net whether ar net it should be lane. t.acal governments may else issue Canditianal ltse ar Variance permits to alcaw fcexibility and give consideration to special circumstances. ~Ecolagy must approve all canditianal use and variance permits. !_acai governments issue approximately 1,0f}~ permits every year. 5~ate Agency Ftespvnsib~lit~es Washington ~ep~rkment of Health ~[~t7H} Sanitary Control of Shellfish {WAC_246-2$2.) I7aH is responsible far evacuating commercial shellfish growing areas to determine if shellfish are safe to eat.. Camrviercial shellfish growing areas in Washington State are classified as Approved, Conditionally Approved, ttestricted, or Prafsibited. These classifications have specific standards that are derived from the National Shellfish Sanitation F'rcrgram Guide for the Central Hof Molluscan Shellfish ~i•ESSP Guidej, which is adapted by reference in 1NAC 2452$2. The tVSSP wide defines a marina as: "any water area with a structure (decks, basin, fleeting decks, etc...J which is: {a} used far decking or otherwise mooring vessels; and {b) Constructed to provide temporary ar permanent docking space far mare than ten beats." The IVSSP Guide definition of a marina includes mooring b~says for the purpose of shel'ifish growing area classification. In counting beats towards the definition of a marina, la~lH caur~ts any bast large enough to accamrrsadate a marine toilet. A permanent marina closure acne is established for areas that always have rr~ore thaa~ 1d beats decked ar moored there. l~awever, many marine areas %n Washington reach this number only during the l~aating or fishing season. Far these areas a "canditianal closure" is established for those seasons. Also, if there is a confirmed threat of discharge from a boat that endangers water quality, we may establish a temporary closure cane, Criteria far sizing the closure zone are detailed in the IVSSP Guide. South Part Towa~send tiny Management Plan- Appendix C Page 4 cif 9 Washin~c~n f]epartr~ent of Natural Resv~rces ~p~Yi7~ Aquatic Land Ownership and Management Autharitw Washington State task absolute title to the beds and shores of navigable waters under t#~e Equal Footing Doctrine when it was admitted to the ktnian in 1859 and the State Legislature has delegated the proprietary authority ewer state-owned aquatic lands to i:]~R [RCW 79.105.010 - 03(b~. Anyone wishing to use state-awned aquatic lands in a way that will interfere with the use by the general public will require authorization from the QNR by way of agreement, lease, perrroit, or other instrument [WAC 332-30-122. All uses must comply with statutory requirements [RCW Chapters 79.105 through 79.140. Paint at which DiVR Asserts. its Proprietary interest The l7NR asserts its proprietary interest against vessels at the paint the vessel Ceases navigating and engages in long term rr~ovrage or anchoring aver state-owned aquatic lands [WAC 332-30- 1221}[a}~. The DNR regards 30 days as the outer limit of transient moorage and anchoring~- stays longer than that requires autharixation frarn the C~NR by way of agreement, lease, permit, ar other instrument [See, e.g., WAC 332-52~155~!. Residential use of State awned Aquatic lands Residential use, including living aboard a vessel, is considered a non-water dependent use of state-awned aquatic lands. Non water dependent uses are defined as a use that can operate in a location other than on the waterfront [RCW 79.105.a6t#(11~a. Non-water dependent use of state-owned aquatic lands is slaw-priority use providing minimal public Benefits and shall not be permitted to expand ar be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned. for the area [!RCW 79,105.210(2}~. In 2002 the Board of Natural Resources adopted additional rules regarding residential use of State awned Aquatic lands. Such that the asrrount of residential use on State owned aquatic lands were limited to marinas and designated/established open water moorage and anchorage areas and were limited to ten percent of the total vessels; furthermore, vessels used far residential use and floating houses shall be mor~red, anchored or otherwise secured only at a marina, pier ar similar fixed moorage facility that is connected to shoreline or in open water moorage and anchorage area [WAC 332-30-171. AdditionaCly, local governments had a~ne- time opportunity [a five year period from 2002 to 2007} to establish Open Water moorage and Anchorage areas [WAC 332-30-139(5}]. An Open Water lVloorage and Anchorage Area was not established in South Bart Townsend Bay; as a result no residential uses are allowed outside of the established marinas in this vicinity. Residential use is defined as a floating house, or a vessel when any person or succession of different persons residing on the vessel in a specific location, and/or in the same area an rr7ore South Part Tc~wnseatd Oay Management Plan- Appendix C Page 5 of 9 than a total of thirty days in any forty-day period or on more than a total of ninety days in any three hundred sixty-f'sve-day period. "In the same area" means within a radius of one mile of any location where the same vessel previously moored or anchored on state owned aquatic lands. A vessel that "ss occupied and is moored or anchored. inn the saute area, but not for the number of days described in this subsection, is considered used as a recreational or transient vessel [WAS 3~2-3{7-10~~6Z}~. Leases and Licenses: i'or leases and licenses, the V3NR follows its general authority regarding authorizing uses of state-owned aquatic lands. The general process after receiving art application is as follows: 1, The DNR considers: • if the use is appropriate at the requested location, • whether applicant has secured all regulatory permits, and • if applicart addresses any other concerns 2. The 17V111~ then decides whether to process or deny application. 3. Vf the application is VVQT denied, then the '~L7NEt will issue an authorization contract. NCIT~ - Licenses are revocable authorizations; Leases are not. Re is~ tratPttns: People may register their mooring buoy for a free use {RCW 79.1C35.~34 ~belowj, if they meet the following standards; 1. They are abutting (waterfront} residential landowners. ~. It is not in a harbor area and there are no prior rights to the land,. 3. The boat moored is for private recreational use of the occupant of the abutting waterfront property. 4. The boat is not used commerciaVly or far a residence (i.e. a live-aboard). 5. The boat is not over ~D feet in length. 6. The use meets all other local, state, and federal rules and regulations.. The general process after receiving. a registration form similar to Leases and Licenses above) is as follows: 1. The []V'JV~ considers: • if the use is appropriate at the requested location, • whether applicant has secured all regulatory permits, and South Fort Townsend day Manager~tent 4'Ian~ Appen~~ix C r3age 5 of 9 • if applicant addresses any ether concerns ~. if the above condntnons are met, the DNR will assign an authorization number and notify the user that the registration has been processed. The ~~iR does not issue written lease or Incense documents far rnoaring buays registered under authority of RCIIU y9.1435.~30. NbTE - Registrations can be revoked by the DNR through a "finding of Public. Necessity" Excerpts from RCW 79.1Q5.43~ - Mooring buays The abutting residential owner to state-awned shoreiands, tidelands, or related beds of navigable waters, other than harbor areas, may 6nstalp and maintain a mooring buoy without charge if the boat that is maored to the buoy is aced far private recreations( purposes, the area is net subject to prier rights, including any rights of upland, tideland, or shoreland owners and the buoy wilt rat abstract the use of ~moaring buays previously authorized by the department. The buoy cannot be snid or leased separately from the abutting residential property. The buay cannot be used to moor boats far commercial or residential use, or to moor boats over sixty feet in length. The permission granted for installing a mooring buoy is subject to applicable local, state, and federal ruses and regulations governing location, design, instaliatiort, maintenance, and a,peration of the mooring buoy, anchoring system, and moored boat. The permission to install and maintain a recreatiarzal dock or maaring buay may be revoked by the l3NR, or the !?Nl~ may direct the owner of a recreational dock or mooring buay to relocate their deck or buay, if the l`3NR makes a finding of public necessity to protect waterward access, ingress rights of other landowners, public health or safety, ar public resources. Circumstances prompting a fnndi~ng of public necessity may include, but are net limited to, the dock, buay, anchoring system, or boat posing a hazard or abstraction to navigation or fishing, contributing to degradation of aquatic habitat, ar contributing to decertification of shellfish beds otherwise suitable far commercial or recreational harvest, The revocation may be appealed.. Nothing in this section authorizes a bast owner to abandon a vessel at a recreational dock, mooring buoy, ar elsewhere. Unauthorized uses: The following process has been used to address unauthorized mooring buays: 1. The aNR places tag ors buoy, notifying owner that buoy is not. authorized and that the owner needs to corstact the I~NR to seek authorization or remove the buoy; South Port '~ownsend Say Management Plan- Appendix C Page 7 of 9 2. If the 171~R receives contact, they proceed with the appropriate process as described above; if the DIVR does not receive contact, a second tag is placed that provides 3{}- day notice of removal unless the owner makes contact with the Dl'~~t; 3. Proceed with enforcement, which may involve removal ar trespass action in court. 1Nashington C~epartment of Eisl~ and 1lli~ildlife ~WaFW~ ~ Hydraulic lsroject Approval ~HPA~ WDF review and approval is needed for all structures proposed anal activities conducted in the water, including mooring buoys. The WIDFW reviews applications to ensure the protection of fish and shellfish and their habitats and has specific requirements far structures in or near water through their IiPA. The WDFW may require mitigation far damage to fish life or habitat resulting from project installation and construction. Canstructian an your project can only occur during designated timeframes ar work windows. Contact the Area ~labitat Biologist to determine specific requirements far your location and to determine work windows. dote - ff your buoy has been installed longer than ~ years, you da not need an F3PA from the WDFW. l*edera~ Agency Re~ponsibi'i'rties i,.l.S* Army Corps o~ Engineers ~Garps~ ~ Section 1D The mission of the regulatory program of the U.S. Army Carps of Engineers Carps} is to protect the nation`s aquatic resources, while allowing reasonable development througts abective permit decisions. The Corps permit evaluation process balances the need for proposed project with protection of the nation's aquatic enviranrnent. The Carps evaluates permit applications far essentially all construction activities occurring in the nation's waters under 5ectian ~(7 of the €tivers and F~arbars Acts of X899. 5ectian 1t} covers the construction, excavation, or deposition of materials in, over, ar under navigable waters of the U.S,, or any work that would affect the course, location, condition, ar capacity of these waters. Under Section 1i3, the Carps also maintains and protects navigation of the nation's waters and finally, 5ectian 1{J is the Corps regulatory authority related to mooring buoys. The level of the Carps permit evaluation is commensurate with the level of the environmental impacts and the aquatic functie~ns and values involved in the particular area being impacted. All permit decisions made by the Carps faVlaw an evaluation process involving avoidance,. minimixatian, and compensation for unavoidable lasses of aquatic functions and values. AIC permit decisions are subject to various at'her Federal laws and the Corps consults with ether agencies far compliance. Important among these ether laws are the Endangered Species Act, the l~atianal iwlistoric Preservation Act, the Magnuson-Stevens Fisheries Conservation and Management Act ~invalving protection of essential fish habitat}, Water Quality Certifications, Coastal bane Management Consistency Determinations, and Tribal trust issues. Carnpliance South Fort Totivnsend Say Management Plan- Appendix C page 8 oF~} with each of these authorities often requires consultation with other agencies and results in additional restrictions on the proposed warl<and compensatory mitigation for impacts to the resources protected by these 1=ederal 'laws, The type of permit review process used by the Corps to issue a permit depends nn the design and lacatinrr of the project. The different processes include standard individuai, letter of permission 4LC)P}, nationwide ~NWP}, ar~d regional general (RGP} permits, in order of most to least complex and/or impacting project. The standard individual permit is far larger, mare complex nr controversial projects and includes a ~0-day public entice comment period. The LAP is far Section 1QLLonly prnjects that do not meet the terms and coeditions pf a NWI~/RGP, but are eat cantrnversial. Typically, this is fnr individual pier, ramp, or float moorage facilities. IVWPs and RGPs must be minimally impacting, both individually and cumulatively, and are issued or~~ either a national or regions! basis,. prnjects must meet a!I the terms anal conditions of the IVWP/RCP. Verification letters are issued far these requiring apre-construction notification to the Corps ar for these projects submitted to the Carps far review. Mast IVWPs requore notification to the Carps because of the presence of daSA listed species or critical habitat. Relative to mooring buoys, two common NWPs are the NWP 10 for construction and installation of mooring buoys {non-carnmercial, single boat} and the NWP 3 fnr the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure. Note -The Corps° authorities also include section 4U4 of the Clean Water Act that covers the discharge of dredged or fill material into waters of the united states, including wetlands. As this fines eat pertain to mooring buoys, please visit the Corps` weh site for details regarding this authority. 5auth fort Townsend i3ay lulanagemerrt Plan- Appendix C Page 9 of 9 i ff ~ f}.' ii ~YS~ .'~ tl f F" Map Di5Cl4SUre State'rir '.[. ~. e Tt1e Washington State ~epartmerl Df Health ~ ,'+~ ^'~ + ~ ~i Y~ + does not warrant the accuracy, reliability or r _ ~ ' ~ ~ `~ timeliness [at any intormatora published in [h+s ~~~ =~+""t= ~,~ ~. ~ • ,,,~.. ,W,• map and assumes no responsibility for errors in F} ~ `f "~ ;1 • ' ~ "~ ~~~ _ the content of the information provided. ~~ ~ ~ # u' ~ ~ ~ '~~ '~ ~ !~ a~~ ~~.'" ~~: ` Persons or entities that rely on any informatoon ~~~ °" ~~ ~ obtained frpm this map do so at their awn risk. Q ,,,,,, t.u~oo ,~ `,~ - +~ P~YC Buoys 4 to 33 ~ with the Exception of 16, 19, 22, 23, 24 and 25 Buoys Mean Cer7ter Marlna CioSUre Zone 640 Feet Radius Around '® Buoy Mean Center Combined with 24C1 Feet Rad€us Around buoys Broilers Seafoods Boundary Graders Seafoods Boundary, selected Buoys and Marina Closure Zvne (555 fit} Mi 4~"c~~irig~an State ~e~mrir~~tzt c~( l.~r~~ Owis~a~ cP ln~u,ronrsEenta;. F u'aPxc MeaIV**, r7Mxa ui Sh.wlfisn aru'vVaac. F. otac[en. ~a ~ r •~ ~~!Vf T ~~ ,.~. '~ ~ ~ ~~ - ~~ *~ ;«„ ~`` ~ ~, ~~ ~' , ,~ ,,~ ' `"~ ~ ~~` .-x'` ~ ~'"' ~ ~~ PHYC Buoys 4 to 33 ~ - ~ fi, ;~ ~. ~" ., Map ©iSClpsure Statement: ' ~ '~ The vWashington Stafe Department of ~tealfh ', ~' dcaes not warrant the accuracy, rel€atzihty or ~ ` .~",;~'! timeliness of any antormation published iri ttrGS ^ ' map and assumes no responsibility for errors ~ • 1~ ~~~ the oantent otthe information provided.. +~ ~~ ~,. Persons br entities that rely on any infrrmafior. obtained from this map do so at their own nsk. ~~ G r ,'~`~~'~.' ,~__ ''~, • with the exception of 17, 18, 2C~, 21, 31 artd 32 7~ +" ~ " ,~ ~: Buoys Mean Center ~ ~• ~ . Marina Closure Zane ~" "~ X55 Feet Radius Around' y ,' .+ , ~ ~ B~roy Mean Center ." Combined with 2€~C3 Feet __ ~,~ ~ ~ Radius Around Buoys E3rvders H~arvestin~ Acti-vity- ~r r Y r~ ~~ ~ ~~'~ ~~'; ,Currently Harvesting ' rye ~ . _ . . y ` '~ •= - ~ *~~` ~`_" ~' ~,_ t~~ ,,r 'Historically Harvesting ,~,, t ~ -- s~o a,aoo ~~$t ~ Not Harvesting (1Nood Pilings} '~k SHE"'J C~ Uy wl jlE -E N~i'~la1EN- Vr ~a~uth Fart ~'arnse~d ~a~ Narth Natural Resources PCiUr Gnldmark Came-~is~or~r at PVal~c .angs ~l ~~ •H ~ .f ;,~_ ~~'` ~ ... _.. _ .. a ~'~- •:, - _. :O~`~"~~aarb.v~~:i:avxc 5J ' 49 51 x ~' 48 _ ~.~~t X17 ~. ~ - 5$ ,t „~ _.. ~'~~ 46 ~, _ ~ ~ ~silf •~ ~ N ~ ~ `^ r..~ . ~M,•r w at e. f ~~ - 45 ~ '' _ - _ '~ 44 43 .., r „,~ 9~= _. ~~ ~ , ~ _,~. ~ ~ 3~. 37 ~- ~, I '. ~ , ~ ~',~. ,. ~~~ '~e~'F' '4 ~ ~n - ~ ` ~.~ ,"'~° ~~~- ~ ~ • . ~,~• ~'~ '~~ .~.' Autharized tJse r - 1 ~. .' +,~ ''~ ~, ;` -' Aeat~narizafian Pending - ~` l,~nautttorized Use M ~ , ~ ~,,. ' ''~, _.... ~' ~ ~ ~' ,~ ,~ ~ C3ttter r ~ ways "~Ca Af'~ci7ar Zane" 96' ~ __ EuGry atteript was n-~ade tc use me -. cst accurate and ~ ~ -~' ~~ ~~ S}fE71'~30I ~ Vacated Current geographic data availaole. However, due to ,~ 1 p multiple sources, scales, and the currency of the data ~ I tiY a=~ .o z2u 330 arc ds-~ ~bG , used to develop thES map Washington Department of Natural Resources cannot accept responsibility for _ r Feet ' errors and omrssrons in the data Furthermore, this data ~ ° ` is not survey grade informat+on and cannot be substituted " ~ ~ oordina[e System- Washington State Plane Sout for an official survey Therefore, there are no warranties [hat ~ PrajeCiipn: Lambert Conformal Conic accompany this material ~,• C7atum fdAD83 HARM s ~-outh Port ~onSe~d B~~- South ~_ 37 ~9 34 3F 3~ r ~. =,~ 55_ 33 26 r ~ ~ 31- 27 ~~,~ ~„ ~ =!25 11 1213 1~ 44 ,~!,~ ~ ,x,2322 ~ ~ ~~ . ~ ~ ., - ~~ _ '~ 1~ a '- _ r~ ,. _ ' _ _ ~ ~.a~ T-. < ~ ~ ~ _ x ~ ~ r i ~ # ~l~ f " ~ ~,. ~~„ ~ . V t Every aitempt was made to use the most accurate and current geographic data availakrle. However, due to ' " . mul[Iple sources, scales. and the currency of the data a ~ used Po develop this map V+lash~ngton i7epaRment of , I ~ tdatural Resources cannot accept responsibility far errors ono omissions in the seta. Furthermore, this data ~s not survey grade information anC cannot be substituted for an ofticsal survey. Therefore. there are no warranties that accompany this material ':hh=.$HI'J CiT~~N >iSril ut~~°r'+Ri NiCti~ ur ~~ Natural Resources v Peter GoBdrnerk ~ Curr~m~ssior~e.r nr PuV~it Lards 54 t11 ' ~2 rJ ~~.~ _ M "~~ legend ~"M.,, ' ~'~ Authorized ~istr ~ ~ ~uth~riz~tion Pending . _ l~nauthar~zed llse ~;IOth~:r :,_~ = Buoys "Na An~h~r ~c~ne" Nd symbol =Vacated ~~, n c ~~ ~ : 2u s~o eau 55G kino ''~ ~ Fe er ,_~ 'Uordinate System: Washington State Plane SC f'rciection: Lambert ('dnformal Conic _ u,` ~ Gatum: NAG83 HARN ~=J ~ !. ~L$ ~~ ~~ snti~rN Pf]RTTC3whfSENd RAY ROA'EIBLfC]Y IN11EI~~fORY DNR It3 p Au4}+oritecP p ~' Caunty SDP x[fl[P# cU~4'ernxit S4a WDF'Wi PCrmf u DON [usttern2 Curreni DNR Status B(eoyf Anehar DNR Actian 03 Ilse Vacated 8uo NA itS ?C i113_',u0 ~G•tt-ti 9;-1 •:i136_ ,.~:~: ,;~. II_,r iteJ il;;: f+uoy: ~.::.. 0!: f: ii1?.30J ?.rfl~]r 37.-1-(7136:. 58468-02 `+r~. r lrizaad ]Jsr- Rclcrq +Iti I" IL>3gp 92-C 16 '77.-1-171363 58508-03 >in ~Ir',rin~d U;c r.atiy ~-.:~. %7 2f-~133'J f7 02-Olw L f :3r.r: sfi!' Ju": 'I~ri:. et 171.3 !'.. U'v -~8 2']•:i13"s?lU 9:•[il~, 41-1 1: ~: dcS h~.f7v' il~ '+:. -...h~rized Uie 'u(n; _ 1L1 f'7 i3LD .':I ~~ ..-1 3Gc =6~-UL thori>•ed U':e ry '-~ - ~ '.. i,,ttn Grl7 Cr. '. ,' ~(; Ql3>~I;;I ,li.!.~ y.•: ll] $[-`i +.I: ArL`IGr12 ~'.'. .l i,._ ..- 'f1 11a ~;7 _7 ~:1':n '7 : : Jl -'~~~ ~ ~:; _' Pr~~ A°J []^.L7r ire. is '.. se ~!I,?~; 0' =33$CI -f;1c; )~.-i J73%3 +';-;-:-.~~ fJr• Atts,Geixee.l+se uu'::, .. .._ .. Tb t-5e Vacated Anchor NA 1 ,. -S -ulhbrl ea i]sr 1'r:?ar t hlrtemen[ Ac: r~:. i~(hOr~z ed .) .l(~: i'f -'..-pl'r k'nl Cad: AC'I47:: )t~ t.: lpr! 2Q .1 .~• :snl[':Ur 'i irLeril~'tl( At(IL I.. n;llpl'.,'C;l ~;-,i~ Anr'.rtGr - tft-e:rt~1(AI:;i(:; 22 Use Vacated Other NA ;- .ti -"i .., 1-, '~.-. 'data [e~ r+e;" ~.~rl rr^:ur i orr e~rarr`Ar:Irfn l:nt;utl'a[inLr!ci . 1]D1 Cr - 1. dt^.:mni AC:i J:. llnallth+711:r-:Ijri il;l'~e fCe:.el'ra(A..e]i':; c'.o~ is ..>r n..;v . I .:r tem F.nf Ar.LOn 28 lace Vacated An(hGr NA , - ,~ : f:. o, ~ - - .. a ~~. P:nf~rce-ment +:ctron 1 - 1 ~. tlit;r;,~ _ -: lio: C,nforcenleni ACtaO1i _~ ~ndw(h6ne er. •.~ ',-.i;):., cn iellt Po-(L.0 l ;; ,_] [ ~a ~ __ Sul c.... i 35 1 VJSe Vacated Anchor NA 38 lase Vacated An(hor NA I (-•' ~ 1, - -_ CKill t'rli w".:l 4L - - - .,-::..[:'...;r::rcUSe ;~,r.:ir: •:'rlacment:.rt.on 44 -_ Use Vasa#ed f3uoyy iJ.A 4~ Usa Vacated Buoy IuA 46 i Us2 Vacated B€aoy NA. A7 Use Vacated Buoy NA _ , - -, , - [ I: Pv =u r!Ch 7r ::ilJr~: c: ntt'.nt ='..:I ::~!~ SI: - -- .~I i ' [ 4 .Ld ~. ~ 57 ~ lrse+Jacatrd An(hor NA 52 Use Vacated AntF+Gr NA i -. .I ~:J VI I.. A~1]7C R~d3% ~~ d J ~=~ ~ _ _ - - _ ~ ~~~ ~i~ ~q ~~= ~' 2C- a ~~ - - - a~ 3 ~ L E '~ ~' a ~~ o ~~ W ~~ •}~ 4 i*7 c7 Q O Cp ~~'}... inV <T c7 ~ o ~ ~ ~ o's ~ €7i ,CV C'S~:. -N ~ M Q ~SSYY ~ ~3"~~ 1:(?. ' m, tk7: r d ~~ ^ Ifs f~ Y/ ~~ r~ Y ~ h CO ~ ~ ~, 4'~~ ~ 77 'In" ~,~ ~r'^7P . r ~` y,.- I~ ~ ~~ ~J ._ - ' _ ~ r -s r a.. ... ...-~ .... _. • c ` ~, *p~r 1~~ . i y y __ '. ~ ' ~ I r -r , :iu y ~ ~ 7 ~ . ~ ~ .. a ~ ~7 ~ m ~ ~ .~ ro ~ Q ~ 7 a ~~ ~ ~ '~ ~ m~L~awNR .~ u~ ! ~,,. ~ ~ c°n ~ ~ .~ r ~ ni ~ ~ © ["7 ~i7. i. c m ~ ~ c ~ C3 ~ ~ '~ ~ 4 p d ~ O ~ ~ fp 'O ,u . E S a '~ - U N t 1 ~ ~ - J ~ ~ ZS SID ~+ Y ((~ `~j C] ~ O N ~ Cil p v ~p 'S O. L 'G N _ ~ .-. of *[d° C = Q ~ !4 ~ ~ N E C ._ ,F ~ . ~ ~ ~ ~ 'L ~ ~~ O ~ ~~ m C ~ ~ N !~ ~ C d7 N ~ ~ ~~ ~ 4 ~ Q - ~ N ~ ~ ~ p ~ ~ ~ y Vl ' ~V ~~" , ~ ~ ~ ~ . ~ ~ ~ ~ - ~ Rte' r~ ~ y` ~ ~ «R~ i~~~ W ~»~{ ~Y ~ ~ L~ ~ D ~ ~ ~ f/1 (V M 47 ~C ~ O ~ N 6! N ~ ~ ~ ~ ,.V-_ T f~[F [17' p ro ~ y O 0. ~ , ~ 3 ~ y+_._~. _ ~-~~ ~LT*- ~~.~~ ~'. STATE (7E ~4'ASH~NGTf~N Cvctnfy Qf Jet~r°scan In the matter of a } Maratcarium can. new Niavrng } eua~s in the so~rthern portion ~ ~ Pori: Townsend 13ay ordinance #~ 0~-ta.0~'-~ t The Jefferson County Bcaard of County CcarrrmissiQners enters the ftallavrring findings of fact: 1. Jefl'ersart County has committed #o planning under the provisions of the Gror~rth Management Ac#, cad'rFed as ltG1f~' 36.70A. 2. Jerson County implements the Grtawth Itllaraagemen# Act #hrough a txarnprehensive plan adCapted in 1998 and updated in 2I~E>4. . The Comprehensive Plan of Jefferson County provides goals and polices on page 8-3~ of the Comprehensive Pian #o implerrtent the provisions of the Shoreline Management Act fvunci at I~CW 90.58. ~. The Shoreline IVlanagement Act development regulations are implemented in Jefferson Counter through the Jefferson Courriy Code ~JC~} in sec#ion 'f f3.25, ~. ~'loraring Buoys are regulated by prnvisitans crf Jefferson County Cade found a# JCC'[ 8.~5. 380, 8. The Shoreline M~znagemerrt Act found at RC~II' 90.58.590 grants counties moratoria authority as an rr~portant aspect of complying with envirvnrnental stewardsYrlp and protectlo~n requirements when implementing that legislation. 7. This state lave ~arovides that Ivcai governments may adopt mar~,toria provided that all (awfully existing uses, strracture$ and other development shall r.,ontinue to tae deemed lawlz.rl. 9. Amara#arium may be effective fvr up #o six months if a detailed work plan is prepared tar remedying ~e issues and circumstances necessitating the moratorium, and may be renewed for o six month periods. iNHEREAS, Port Townsend Bay is near the entrance to AdrnraIty Inlet laeing part of the Strait of Juan de Fuca, all teeing marine waters of fhe State of U4lashingtcan; l-iiEREAS, this southern portion of Pert Townsend Bay includes areas locally known as the Chimacum Creek Beach Part, bower Hadlocl4, Slcunlc Island, and the CId Alcohca[ Plant; yVHBRE.AS, these areas are in proximity to the lrandalefPort l~ladiock Urban Growth ,Area; WHEREAS, urrtil 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 tc3 take place; '~1HERE~S, under the existing Shoreline 1Vfaster Program the area has a mixture of shoreline environmental designations including conservancy, urban, and suburban; WHERE~4S, these shoreline areas include feeder bluffs and drifts cells such as e Hadiock BluftS that created. deposi#ional beaches and Secretionary beaches such as the hladlock t.agoon and Ghimacum Greek Beach; '4~IH'EREAS, this marine water body includes eel grass beds which actxammodate sand lance anal surf smelt, prorride vvetwintering habitat frar waterfowl and are hos#ing coho salmon, cutthroat trout, and the endangered species of steeihead trout and summer chum salmon; ~1t(NE~tI=AS, thls sautl~ern area of Port Townsend f3ay has a wooden boat sbh~aal, one commercial shell~rsh bed,. a mix of residential development with docks, bulkheads ands rr~oarz~ng buoys, a public boat launch, a marina and has active use by tare boating publics ~+lHEF~~+S, there are competing interests in this southern portion of Port Tcwnser~d Bay bet+r~eerr boaters, near shore r+ssldentiaP uses, caomrrrercial uses and shellfish harvesting both recreatlanally and commercially: WHER€AS,1Nashington State l7epartrrrent of Health issued S news release on ,mane 9, ~1~1 t indicting that the southern portion. cif Port Townsend Bay was threatened with closure this year, V~''HERF.~,S, the Washington State Department of Health {Df~H} office of Shellfish anal VlTater Protection Issued their anntaal growing area review report stating that Port Townsend Bay meets water quality standards but is threatened with a downgrade in c'la~fication due to the amount of boating activity and potential pollution assraciated with transient beat anchoring, ii1~HE~R~S, an 'rrrcrease in the number of boats v+~thin the southern and westerly portions of Port Townsend Bay, and particularly the area near ]wvwer Hadlock may adversely impact carramercial and recreational shellfish harvesting operations; +~VI•iEREAS, a commercial sheIl~sh closure has adverse econom"tc impacts on local business; 1111HEI~lAAS, the Jefferson County Public Health Department widl be manitvring water quality in Poet Townsend Bay througia the iVortheast Jefferson !County Clean ~JV'ater Pro~eet beginning in 2B'12; i~HE~tI=AS, Jefferson County is near ~n~zl adoption of their Shrareine piaster Program through the State Department of Ecology including. prvvisioris for pemnitting and. placement of mooring bcaoys; lndHEREAS, the new shoreline master program has provisions that are cansistent with the standards outlined in the o~iational Shellfish Sanitation Program ~N'S5P) iI~iEI~.EAS, Jefferson County is in a partnership wi#h state agencies and local tribes seeking to create a management plan for the afarernentianed portions of Port Tovmsend Bay in order to prevent any adverse impacts tz~ camrnercal shellfish harvesting andlor downgrading of the area by DaH; VIEFtEAS, a bay management plan is one element of the work plan far the stakeholders group; 111fHERE~45, a bay management plan would examine the competing interests for using the southern and western portions of Port Townsend Bay and would include evaluation a€ mooring buoy placements; '~+lfi-l>`~iEAS, pem~ltting additional rrlvoring buoys in the southern and wesfem porfians of Pert Townsend Bay may exacerbate problems associated with aver use of the bay and' Dead to potential shellfish clasc~res; 1~tifl-IEBEAS, it is in tl~~a public lrrterest to protect commercial sheiifsh harvesting in Part Townsend Bay; NaW, ~'H,ERL~FC3J4€, 8~E #T ~RDAIlV~D by the Board of County Commissivner°s of Jefferson County as failvvrs: SECTIC]i!~ 1. A moratorium is placed an submittals of shoreline permit applications to the Jefferson County l`~epartment of Community Development for placement of mooring buoys in the southern portion of Port Townsend bay tas defined in the attached management pian area map), except when: 1 } the sta#e Department of Health notifies the Jefferson County Shoreline Administrator that movement or placement of a mooring buoy would contribute to preventing or Sifting a shellfiish harvesting closure; or 2) the Jefferson County Shoreline A~drnnstrator detem~ines that an application for the movement or placement of a mooring buoy must be accep$ed and reviewed by Jefferson County m furtherance of fire planning being conducted during the development of the Port Townsend Bay ~1lanagement Plan. S1~G. P~rs~arrt tti the provisions of Ch. 913.58 [~C~r'1f, the Sl~orelirre [U9anagen~entAct, this moratorl~arn does rrvt affect any lawfu[ maoring buoys in place in the south~errr area. of Port Tcrrrsend Bay (as de~hned abcave~ orr or before the date this Qrdinance herar effecti~re. 5ECTlClN 3, ae-reraf~i[ity. If any prr~vis[on of this ordnance or its application tv any person nr r~rcumstarrce is held inval%d, the rerrrainder of ~e ordinance, or tl~e appiicatlon of tare provision t~ other persons ofi C1fCi~t1'1ar1~S [S C]C)t ~~~Cfed. 5EC'~`[flN 4. The work plan and managerner7t plan area map are hereby in~rporated by reference, see fittachrnerrts A artd B. SECTII`'3N 5. Effective date. This Ordinance shall take effete imrrrediately after passage and strap. rernair~ effective for six months or until. repealed by the BC7CC. AP~RQVED A[VC3 ACJO~TEI~ this day of PJ , 201 ~ ~~..'~ f ~ ~`!~ ~'r~ x # R ~` ' .w, d .a v -Yy * ~~ ATTEST. i~~n~ ~[eric of the Beard t t~'~-~ PRUIlE[3 A T~J FC)RM: David .Alvarez, L3epE~ty Prosecuting Attorney 1SSif3NERS JE1=I=ERSDI~i Gt3UNTY i~ort "i"owr~end ~ U'vark Pian iss~se: Ttae issue is the threat of clvsalre of sitellflsh harvesting in tine saaatFaern partic~n of Part Townsend Bay due to the presence cif too many vessels araChvred pr mabred near commereiai shelifisit beds. issue also imvaives concerns suer presence of derelict Wessels and the use of vesseis by people living aboard. Salartivrr: Canslder€ng all uses, develop a plan or strategy to manage vessels in a manner that will avoid future closures of commercial shellfish harvesting lra the southern. portion of Part Tavunsend Bay. Strategy; Through facilitatia3n by the Gavemnr's t)ffice a€ itegulatvry Assistance, undertake a toi[abarative process with staka:haiders, government agencies, tribal gavernmerats and interest groups {see list below}; ersgage the publ€c thraughoutthe decision-making prates; grad prepare a plan far Port Hadlack in partnership whit sta€cetaoiders that achieves the fallouving: a. iteduces the number and proximity of vessels In relationship to the comrraercial shellfish beds thraugfa erafarcement action to avoid shelif#sh harvest closures by Bepartrnent of 1-leaith. 7'h€s may involve ren~aoving mooring buoys and vessels oat properly permitted or authorized. b. ><stablishes a voluntary "iVo t~nchor pone" in the sautherra portion of Part Townsend Bay, simiiarto that in place ira Mystery Bay, to direct transient boaters away from cornmerciaf si~elifisl3 beds in order to prevent emergency civstares due to raurrtber of transient rraaarages. c. ldenti#ies a maarang area In a portion of the southern partlvn of Part Townsend Bay €n the area. appropriate to authorise mooring buoys far use try reereationai and/or commercial vessels d. identifies an appropriate area in the southern portion of Port Taaavnsend Bay for transient moorage and navigat€on. e. ~staiallshes a Gammon€ty MonltoringJ~ducation effort _ £stabii$h anonitoring and report€ng process to maintain ]evels pf use consistent -tvth she€l~ash harvest regulations.. f. Consider other factors and strategies necessary to address the issue and achieve fire desired s©[ution. StafKehaide~r fist: The following Mist Identifies potential sta]ceholder, govemrraent agencies, trihal governments and Interest groups, to invite to the callaborathre process, other stakeholders may also be included as necessary: f~csvernra~ent Agencies o Jefferson County v Jefferson County Marine ]resources o Vvashiragton [3epartmeait of FIe;~€th Committee v t~lashingtan i)epartment of Natural a United States Army Carp of Resources a tNashington department of Fish and Wiid[ife • Tribes Q larnestawn S'l<aliam a Par[ Gamf~fe S'Kailam Tribe a i.awer Eiwiza Klallaara Tribe a Sut~uarraisih Tribe interest Groups t~ Port Hadlaek Yacht Club n Part Hadiacic Marina o hlorthwest 5chvol of V-Vaoden Saatbuiiding a Broiler's Clam i;arm Engineers v United States Navy to Part of Port Townsend o lliorthwest Indian i=isherles Coarrmissian v faint 1~[o Point Treaty Council o Megan McCrary a Pac'nc~ Coast Shellfish Growers Association v ~r€enrJs' of Chimacum Creek c~ North (3iympic Sa[mon CQaiitlart €tesldentia! C)wners Qther Geography extent ~"he area of particuiar concern for commercial sheil~ish closure is limited to the tidelands focateri; west of Skunk island and south of the Port of Port'Cosunsend boat launch and dock. However, because the strategy considers vessel uses in the genera!'Port Hadlock vicinity, the geographic extent pmpased for the management area inciudes. ether areas in view of boating activities and land uses that may effect the management.. plan {See Appendix 6 - map of management area). iaiendar of events; fVnvember ]', Z~11 Moratr~rium on mooring buoys pfaced by ggCC l~~nvf Y3ec~ 2Dlt Agendes began enforcement efforts by tagging antijor notifying unauthorized !vessels Vovfl7ec- 2A11 Agencies conduct inventory and gati~er ir~forrnation from the'Feld on vessel use ~IovjDec 2ti~~ Uffice of itegufatory Assistance estaEJiishes the Stakeholder pup January x,011 ~~ Stakehofder's group meeting: review issue, solution and begin process February ~~}~~ ~`~ Stakehoitier group meeting: discuss details of strategy; form sutxaommittee to draft plan N4arrh 2{7~i2 1~`Sub-c+ammittee meetlr~g to develop dra'Ft managernertt pfar~ April 2i3~ ~°~ Stakeholder meeting: 5takeholder's group meeting to revirrw daft management plan ~nalixe and release draft plan for public review {two weeks before: public meeting Ap~i 2012 Final draft rnanagemerrt pion prepared may ~~~ Extend Moratorium fvr six additional month with updated llU~ar% Plan May ~~~, Hfoid Public iVleeting to solicit comments an the draft management plan June 2{312 4`~ Stakehoider's group meeting: discuss public comments identify changes June 2012 "'~ Subcommittee meeting to incorporate changes tc~ management plan Juiy 2Ci12 Final draft of the management plan is released for public comment period, August 20312 Adopt Management Plan August 2€x12. End i+-'ioratorium September 2012 Agency action begins to implement pion and achieve solution Septerrrber 2012 Final Stakeholders group meeting: review and identify needs far foliouv up if any. September 2012 i~OH public notice on the Port °fownsend gay growing area c'lassiflcation ~'he remedy of the issues and dreun~arrces: Tfte moratorium{s~ on mooring buoys wouid allow adequate time for interested parties and the general public trr he engaged in the deveiopment 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 fn parailel with a program to gain ;public participation and involverner~t in solving management issues tdenti~fled in the rrtanagement plan praccss. - - ~pperrdix ~ _- _ Managem~n# Ilan t~irea ~vl~p L1;ihhin +hE= enrri•h~rn nnrtinrr I'r?rt l~[~tn,"n~s~tzc~ P:~G'. thr~~:s^ xa~.~tfir•S lvins• inrr,~;tr=r-iv of ~ linrx rSr':at~~ei ~-,a=tc,ra~rr, F4~r~ ~ r_ PORTTO~IVN~VD 6AY MANAG6~A HVT RAN .~B~9E11't Q,3~,1C~~f C~ ~ (~}1,3f1~/ ~Irid'f1~5iL1Tt~''S C~llt~t A~~a 'l7-7 '!Z 4 . s ~ . ~~~~~ it 1=T~411: ~dll' Wit, I]L~ ~~r ~: P[]RTT~f~N~rY[~DLD~~Cx~GiRA'ffl~Ild~l[ 57A~HVI Br1°F' ^F 1531E irtrnent of iT~mmunity ~aprnent r~ueststhe l3~rd ~ ca~nty Cbrnrnis~onersto e:~tablish a mnratarium an the ptaaement of new maoring buoys in the sn~rthem portion of F'tart Tvwnsent~ may. ~ rnaratorturra an rie~rv rnaoringbuoysis#~startirtg paint es interested partied local tribes skate ac~naes ~! Jefferson Q~unty pry a plan far thisarea 'the l.~wer Hadlork ~eea is suksjed to ocampetirt~lntet~esksaf thsbaa#ingp~€bliaasvvell ~upiand land Th~ewerand land u~sh~vethe tsatental to aKir~ersdy affect carnrr~raai shellfish Ming within the sat~thern portion of art fiowr~l ~Y ,~rnoaringl~uay mor~#ariarnvvill provide a period of timewie e~stng b~sayswhether auto ar ur~uthari~d can t~ in+~ntaried ~l eualuated far conaplia~zoevvith applicable cot~ntyand state i~l requirements. ~ransic~t boat 6~tiar~s be rnonitareci to verify if baatersare adeIy imp~lr~gths oarnmerdal shellfish beds. ~it~lly, various ianc€ us~will ba exarnineci to prarrtote a cxrardinated ~ffart far prvtedian, use,. dsvelapmer~t and restoration opporturaitiesthrou~i a went plan process. The managerrie~ plan proossswill include a public 4utre~h prar„~atn facilitated by the state [7Ffioe of i'ulatarSl A~istance. Apublchearingwilt~ be scl~du[e before the iwithin the nab two manthsafferingthe publics opportunityto a~idressthe Board an thisn~attEr, ASE~lMPAGI': the Jeffn ~untycostsass~aeted with developingtha moratorium, participation in the farrnetlan of the rnarnent plan ~i the an going monitr~ring of the activitieswitivn E~rt Tawr~tend ~v are inducted in the 2~'I t annul t~udgef approved far CCU ~'AtIB+1C)A~Ot+t~ ;~~ recommendsthe BCX~apprave the moratorium and atta~er! work plan for a period of six mariths. loll f31f' Ffiiiip Marley, lJ~wityF~drninistratar Deate . 3 Y t S~l L VF ~' ~~ ~~t~f~~l~L'G! ~Gi ~71'~inanOB3~ !Ndoratc~riem on rtevtfi i-li~t3vrirtg Buns in the ~~ hem. pertic~n of i~rt Tawnsen~ fir ~te.~efferson t~acrnty f~oarci cif ~bur~ty Cbtrtrnis~+aners ent~:rstf~efalic~wrrtr~~indir~ef fib: ~. art Ck~ut~#y f~ascxarnrnitted tv Manning rmcfer the pr~isit~nsot the Growth tytiana~t Acct, ot~cii~ed ~ [mil 3fi.~A 2..~ersart c~ur~y impfecrze~sthe ~h I~anagertt Apt thmt~~t a anmprettertsve ptart adv~te~ i!Z 1998 and ~tpdafet in 2i. ~. Ti'ae L'~rrapr~ve flan ©f ,l~er~rt ~~rtty p~rc~videsgo~s pviiv~s en p 8~~ of the ~bmprehensive Batt to fmplerrerrt the prer~~iens of the 5lerefine Martagemerat -~ fmtuxl ~ full 911.58. 4. The ~tot~ine Ntan~t Ad devefep~nt regWai:iensare it~rtpiemer~ted ist .L~~'son ~~nty thrcxtghthe,~fii`ers~n Qa~untyCb€ief.~ in ~ci:ion 18.2'5. 5. [41c~vrar~ Bins ~e regt.tlate~3 fay pra~isir~ras a# Jefferson c~tmty a fvunt~ ~t ,~1825.38Q. 6. ~ mine M~erd A~ found ~ f' f~1.58.5~ ~s notmties mot~taria autharty ~s an irrrtartt ;~ ref aompiyingwiti~t ern-~irortmertiai stevvard:~ip and pt~te+~ion requir~ertts where irnpierrterttfngti~ fegisfatiort. ~'. "iizissta~e iaw prorridesthat i~ goo~:rnn~ents mayaciapt maratc~ria prsavid~i that a~i fawfuily ~tistir~ u8~ str~~aresa~ other de~~t~et~t sheik wr~'rnueta he deemed fa+~tfui. 9. A rneratorurn ~ be effec~iv~e for ttp tv sx martths i# a ~~aif~ worfc dart is pre~red #ar ~Yi~ the issues aid vr€~rr~a rt~tati~tg t he rnar~or unn, and may he rert~ued far two sx mordh periods Rare Townsend ~7-' is near theerttran~to Admiralty i~nfet tieing part cif the ~ttat of .fin de Ferca, s~3 beir~ marinewatersa# the~tate flf'll-lashington; thisso~hern portion a# i~rt ~awnsencl i~r indudesare~tacaffy la~wrt astlle Chir~taa.Errt ~[?'eelc ir, Park, 1x3wer i-~ffldc, Scunk Isiat~d, a~ tite C7Id Afcx~~tal F4ant; t these ar~are in proximity#a the irondal~+'F~art i-~ciivr~ Lhbara Ctovvth Area; ~~ ur~tii a per system isir~taiied avTMaidataieta senrethe Urban i~owth Area, trar~sitiona! a~r~ing is in piaoe, whid~ aliows rurai oammardal and Huai resdentiai usestotaice place; uruferthe existing Shoreline i~iaster iarn the area hasa mixture of shoreline environrrtal desk„~ationsindudingoonsarvancy, urban, anci suburban; theseshoreiineare~asin~ude#eeder bluffsand driftso~fissuch asthe H~ilodc ~uf~s the meted depositiona3 Viand avc~etonary ltesaic~ asthe Ffadlodc Lagoon attd Chimawm CYeek ~~ W#~ this rnewata' tx~dy indudeseei gra~'bedswhich ~commndate sand ~larx~: and surf smelt, provideaverwlntering h~itat far waterfowl and are h~it~ coFm salmon, c~tthr~t trout, and the endured suedes t~f steeihead trout arni' summer chunr~ salmon; this southern of that ~~ a woodea~ l~at school, one a~mmea-da1 shellfish iwred, a mix of re~dentiai de~telopn~t with dodgy, f~ulkheadsand mooring buoys a public mat laund7, a marina anr! has active use bythe boating pubto~ there are mmp~ir~g irit~estsin tiussouthern portion of R~rt 7r~wnsend boaters near sure r~clential uses,. cornmsraai uses and shell#ish harvesting bo€h re~eatior~aily and oommerdaSly. Washirt~on Sate ~tepartrr~nt of Health is~vved a news release on .l~rte'l, ~D11 indir.~tingthat the southemportionof fart Tc~wrtsertd ~Ywastl~rea#eneri-fvith d~surethisy~a -~~~ the 11~ashir~tan State i~epartcnent of l~ieaith (~ G~fice of Shellfish and 4Vate~' Protection rued their annum ~-avving area. review report suing that ~rt T~awnsend Beyr gets water guaiity standards but isthreater~ed with a downgrat#e in dassif t~ian dun to the arnvur~t of 1oc~t'vrtg~ivity and poterttiai iaoilution ass,~dated with tmr~ient bt~at anchoring 1lIiF~~ an ino~ease in the numt of lx3atswitin the southem and uuest~iy portiansof I~rt Tornvnsend Bay, and partlcufariy the area near lower Hadladc may advy impact oammerdi3l and rearreatior~al shellfsl~ k~ngu~ions~ ,~ }~ a txar~irnerci2~i :~1~lfi5h closure ha~adverse e~ar~tnic impa~tsor~ [ot~3 busnes~ ,~ the .~ffer~n Otaw~y F'~blio [-iea!#h Department wil! ~ rnonitoringwater ~~i#y iR l~rt Tovms~x! ley#hror~gh the Northeast ,lfferson C~ua~#y Qean'later ~~e~ bec,~'nr~irzgira 2t}'1~; ~n t~rtty is nor b~ adoption of that r ~oreiine offer ism #hrQUg% the date l~artrne~ of f~oiogy including provtsionsfar permi##ir~g a~ piaoerner~ ~ mooring buoys; the nEw shc~r~i€te rna~er program has provisoes #hat are mnsistec~ with the standardsoutlined fnthe 1'~tior~ ~e!lfish ~nitation f~-ogram ~~; .dfferson C~ur>#y is ire a partrhip with sate agena~s~ ! #dbesseekinc~ #o e a management plant for the ~€orementiot~;d portior~.sof ~brt Townsend ice, in order #o prevent ari}- adverse impacts#o oomm~ercial shei~sh hat"vestirtg artdf or do~mgradingof tf~e area by ~~, a tray management plan is o~ etemen# of the work plan for the stakeholders group; a bay ma~ent plan would examinethe aomp~it~ irtterestsfor usingthe s~uthem and w~ern portiflns of ~rt Townsi ~ a~ wouid inducle e~r~t.tation of mooring buoy ~~~ p~-rrta##ing acfditfonal rrmorirtg bttoyein the sc~~rthem and w~em portionsof Dirt Towr~end l3ay may exacerbate problems associated with ever use of the bay and lead to po#er~tiaf sheilfish dosuresy it is in the public irtteres# #o pro#ec~ cx~mmercia! sflellffsh harvesting irr Rart Townsend IVOW, 7~ ~17'~N~ Say the ~o~i of County C~mrrtissianers of Jefferson Cburt#y asfa!laws` St'l~t_'I . A moratorium is pia~d or} subm"tt#aisof shoreiine perrrti# appllr~#lonty the ,1e€f~crrt L~at,rrtty Uepartn'tt of Cbrnmunf#y l::lopment far paoerrtertt of rnoarirtg buoysin the s~outherrt portion off ~rt 1"ownsend fasd~irted in the at#ached ~mert# plan area. maps, t ~rvhert: 'I} the sta#e ~rraer~tt of with Notifies#he,~fferscan C~utlty,5hc-relfrte Aidmini:~ratorthat rnorr~rrtertt or pla~rtt of a mooring buoywoulc~ mrrtribute#o pr#irtgor ilftirx,J a shelll'tsh harvesting do~tre; or ~} the.~!`fersort Gburtty ~orelne A~imirtistrator dder~nirzes#hat ~ applicatian forthe rnowerr~ent or plaoarrterrt of a mooring buoy musX ! aaoepted arsd reviewed by Eet~ran C~urt#y in f~urti~erance of the plartnirtg being oonduc~ed daring thedevelvpmers# of the R~rt Townsend ~ Ma~ent Flan, T~ T .hi ~~ ~t tm #f~3 ~ra~'~9tvf Ch. ~.5E3 F~ #ile~E?rSitT3e M Apt, tl'"t!S ~rntratari~m dt rmt affs~ ia~W rr~rir~g k~~}+s in piaee in the sotrti~em area of ~rt Tom ~~ d~'ftteti ~aove~ on ter Fae~re tine date this [~irxazx~a t~mrnes e~v~. ~:fY~]N 3. ~ii€ty. if ~ provision n# tl~tis nrttire ~r its applir~lon #a a~ person or d~a~e ~is ~d~ irn~ai'''~, file rernair~ier of t#~s ort~ia~ttcc~, or ti~m appiication ~ #i1s provision to other ~r~s or dry isnot affect~x. ~C~ 4. 'TYse w.orlc piart a~i ~ pian are herebyirxx~rpc~rated bY' rai: :~el~#a~hrr;tsA F~ ~3.:fiONS. i~ectivedate. 'Thls ordirr~cae sl~l tai efFe~ imrr~iafdy of ter ~ a~ small rerrw~n effectirre for six rnor~th or w~tli repeal~i i~the ~IID,AZ±~ID-4i~OPths dayof , 2~~'i ODi..ilsilY C7F~` OC]iVi149i5~tC~fE~ i~ii~ .bhr~sc~n, i+~err 'iid gaIiiv~, Mernl ATik~~ ,bl~n ~r~, {hair th t-i7ii E~erk ~ tI~ Bad ci A~fi6STt7 PC7C~UI: i7avid Alrcare~ Dep~€ty Rting~ttarney R L~ ry~~ } Ise. ~he Ewa lsthe thr~ EYfi dame at shellfl~l harv~~ng 1n the southern pOrtlan tli' ~}!t 7ov dc~ to the pr~snoQ of tna many ve~els and~red or mc'ared n~ oarrcaal sh~i~ beds. I also itivolvescanc~rr~scn-~' pry aF derelic# ves~is aa~i the usa of vessels bl+' pec~pie I'nrirag aid. ~ukfs~n: Cbr~r~q ail , de~eiap ~ plan ar s#ratec,~r to rr~-r~ga v+£s in a rrsanr~r that will ~voici i~u~ das~res~ cnrratr~ercial sheitfrsEs harvesting in the sau#hern portion a# Flirt Tnwrt Bay. ~': 'ilzrc;u~ facxitt~ian ~` ti'1@ ~` 3V~1laT'u '~8@ €d~ .ila~~lr]t ,~,Y l~F3r'~ r'~ CO~Ia~7aF~IY~ pracesswith staket~Cd~ 9a~ ~~ trit~al gr~vernrr~ntsand it~t~est cgpups{ list bei~u+~r}; en~gathe public thrar.it~t the than-ar~ur~ ~ ar~d prey a ply ter lit Etadfadc lr~ p~rip with staicehoidersthat achisvestF~ioIlorvir l~cit~cthe number and pna~alnvty of vesse4s irr relatiaraship #v time comrnerdai she{ifish tthrotu„~ en#orc~merd action #a e~sid shelifi~ han~est olt~trres txy l~tar~erYt ~ itiieaith. `ms may irnratve removing -rsncxring b~sar-d vls rx~# proEy pen~nitted or authored. Fstah36a voiRar~tary"liic~ Ar>~tor 7nr~e" in ti~re southern pardon cif i't~r# Ted Bey, sirr~ilar #o tip in place In 11~ystery i3aY, to direct trar~erst tx~aters awayfrom c~mrtter~aat shelifl:#~ ids in order #a prevent err~rgar~+ c~osuesdue to r~urnber ot#ransien# nnoora~s. idea#~esa n~ria3g area in a pardon of the stsuthern por#iar~ of i~brt 7awnset~d ) irti the area appropri~e to authori~ moorirn~ t~rsfar use lay retxea#iorsal aT[dlbr ootnt~rc~a[ ves~is identifiesan appropria#e area ir<the soutt~-n pvrtic~r~ of 4~brt Towr~end icy far transier~# oaf and rravigatinn. E~tatsiishesa (~mrnur~ity 9Vlonta>7nc~f [education effor# - F;~atalish rrxsni#orir~ ~ reporting prcx~s to r~ir~iain 3evdsaf oor~sfer~ with si~eiHish h re~lattuaxs. (br~der a#i~ S~actarsarfd strategies ~r to addressthe is~e and achieve the desired solution. icier Wit: ~ faiiawlr~ list itier~tfies poter~t~ai staket~ider, gt~vernrt ages tritml gavsxrtrnF:nts a~f irrterest ~, to irrvi#e to th®coliataorative prop, ether st~ceYmtdersa~y Aso be ir~duded ~Y Governrrrtt ~eneies •ersart C~~r •1Nashin~on of i#h •1~iatgtors 17epar'tmer~# of i~atuural Fd~urtaes •1~ashir~ton ltrr~erst of Fish and VYildllfe -fin Cb~nty l~i~ine Frcesi~ittee -[hiited ~a#e~Rrmy Grp of sneers •lAlted States l~1 •Ptart ~ art T l~own Sisa%Iam *Plart t~rtble Si~llarrs "frii~ *l.ow~` Kialiam Tribe •~ttertu~"h Tribe •Narth~est ltxiiar- i~sherl~ ~Cbmrr~ion •lr~irit 11{a F1~lr~t treaty [bt~ndl a,. ..e. Drderest i°llrt f"'iilJFi.,F,O~.~ tiii.U,J ~~rt I-~adladC~ll€~nrta -l~rti,+~~t X7:7 A7Fy{ ~~ Y Y F~~~n~ •~A`tattE?~S~larn Fern ~~ Mt~ •lflt: ~''lP.~ifiSll ~`Q1N~'rS1J~[7ri •C-riertds' ~ Chi~7 Cre~c *iVaTfli 1 q'yrtlpiC ~rrmRr3 L~]a#iti~ •I~identiai ~87~ arm Df ~~~!° Q~r'~I'x1 fr~r ~O~rtlal S~Ilfi:;€1 Gl[3SIaTB iS limlteCl tv tFle tid~ar7ds It~atad cst ~,n'tk Island arui sa~ih t~f the Pbrf +~ ~'trrt Towrd Ix~ lash arul dtx~s. H4uv~ver, tf~ strak~ m4nstlersv~sel in tl~ grad Fort Fladltx~C vtnify, f i~ gavgrapl~~ent prvposad ft~r the of areainr~ud~otlzer areasln vis+rrtaf tx~ir~ ar~lvitiesand lard usesthat rr~ayssffect tip of pig ~~ firppd`ix B- reap cif ~ area. G~ler~4ar ~d l~lnvember 7, 2(~'I "l Mcrt~oriurn on n~ring l~acrys Kslaoed fsy B IVavl l~.tr 2(3'l ~ Agencies ~n errFt~rt~txrt ~rfs bytag~rt„q andlvr nc~tifyir~ urtF~arized veils f~vlD~-i'i'i ~~sca~r~~act lr~oryar~ ~r ir~fvrrriorzfr~rn fie field an vessel rasa {~ijl l3ec 20't 1 ~ffir~ afi Falatt~ry Afartt~ ~st~+blishesthe Sakder ~'~ ,lanuary~~1 9~ ~alc~ider'sgrtxap meedlrx,~ revie~rsr issae, snl~aflon and l~n prtxx~s 21]'l2 2"~ 3ak~tilder ~e~ rne~lrx,~ discuss detai[saf sfrate~,y; fc:rm s~bannunittee to draft plan Marcfi 21312 i~ S.~-o~rnrnittee nit%r~g tv deveiap dt~t ant plan A,prii 2[3~IZ ~,~alrfer meefir~g ~a'iaal~tc~idea'sg<'tusp ms~fir-gtts r~ewdraft rnanagernsrsf plan firraiizs slid relrrase draft ply ft~r pul3lic ravl~r ~fwrs w~eeIcs f~efara p~iit<nroaating} -4pri12~12 ~~ draft rat plan pry Nlay 2[312 ~~ Morattulum fc~r six. addrtiar~ n-~rrth wifl~ updated'UVtzrk i~an May ?A'12 I-bld ilic Meetirx,3 #p sailat mrrua~enfs nn tl~r draft plan, ,~ X312 ~" Stafee~alde~'st,~'t~p me~atlrx~ discuss pu~lit: oomrn~ts iderstify ,Icu~e 2012 2~' ;Lbcx>rlttee ra-eeting#es inccrparate ~tr~ plan .lair 2f312 l=tr~f draft ~ tF~ ~~ plan Is released fcrr pu#~it; mrrrnent peril. 2312 Ar~ipt AA~t Dian 24]12 ~d iNoratvri~rri ~t~ber2t312Agan~+adit~n t~insft~ irnpten~nt pian anti adaue~+esolufit~n ~pfen' 243'f2'~1 S~~cei~ider'sgrcaup rlr~: view artd iderstlfy n~dsfnr ft~lltwv 4p If any. ;~ptember' 2ft121'~DI'-i iic notice t~t~ tt~e l~rt Trnurt~end Bay ~ area t~assficatien 'lfie ramer3y c~the fssEa~and drt~rrntat morstcriurr~s} on maor'ra~g t~tmyswuuld ailcnrv ade~~tetime far irterested parties anti the gar:aral pt,~tictc~ tae ~ in tip develraprrrenf artci firms adraptIar+ of a plan. The rrrorakeriurrs psritad -~uiU atlaw far field identifrrat3nn of rati~irx,3 adiu~itles ~# ~ allavv a tirrl8 period far vnlurrtary tnmpliarx:e as~d enforoerrnertt asrzeed~d in parallel buifh a pra,~arnto gain pubiirvpar-ticipatiorr and rnrelven~terrt in soivrng i kfec'stified in tl°te rrerner~# parr pry r~, r ,~ ,~' ;.i~`~~ ' ,~ ~ _ ~ la- lip ~~ ~~ 5• r ~~ e r~.ti.'7... ~.e. L"`r [r' J v t ~ I_ a ~~~.7~~.i~ ,~=T'° L~ ~. ~_.. ~`~ ~ ~ ! I~' '- ~ ~ ~.~ , { _ ~. g~ ~ Rare't, M2tdCr.~~r "~ ~. `~. ~'' ~ ~ L ~ '~. .~' ~ F~. ~~ ~ ~ ~ i. s "`_ i ~z ~~~ --~~, f ~~ ---. ,~ d ~f a ~` ~ ~ ~ ~ 1 ~f ~~ k~ ~-.- t.. .~ ,. ,; . ! [ `a ~ ,Yp, a }~~ q ~ 9 Re~uleu' Agenda ~l iJ1~1rSV71Jlr ~'hi~l. i BOARD QF C(}iINTY' COMIl~'fISSI[3NERS REGULAR AGENDA REQUEST TO. Bad pf +Ca~nYy Ca~temissipnerrs Philip lVlari~, Cvpunty Ad~i~iistraYor .[~ Al Scam,lpC~D Dicta HATE: Na~vc€aabe~r'7, 2011 SUBJEC`T': PCIRT T(]R'NSEN~] BA'~t 1V~t3gRl~TG BU(}Y M®RATUR~UM ~a`I'ATEMENT [?1F' L55UE. The went of Com~rurtaty I?cveloprnent requests the Board tsf bounty ~ornm;~~ioners tcs esTablish a morstariuni on tlxe plac~nent of new n~oor~ing buoys ~ the southexn portion of Part Townsend }3ay. A moratorium on Qerv mooring buoys is Ylzs starting paint as interested parties, local Tribes, state agencies and Jel~'ersora CounTy prepare a r~tasaagement plan far this area. The Lower l-ladlack area is subject to cc~rnpeting interests of tl~€e boating public as well as upland land uses.. These water and land uses have the potenRial to adversely affect cammerrrial slrellf~h ltarv~tang within the southern portio~t ofPort Townsend Bay. ~ mooring busy moratorium wall provide a period oftime where :existing buoys whether autfiorixed or uxsauthc~ri2ed can be anventorieci and evaluated for compliancy: with applicable county and state legal requirements. Transient bast locations can be morratared t4 verify ~ boaters are adversely itnpacting tlxe commercial slsellfish beds. Finally, various lmrd rues will be exs~nined to promote a eoordarratcd effort floc protection, , development rresstcsatian opportunities through a management plan process. The mansgetnent plan process will include a public outreach program facilitated by the slate Qf~ice cif Regulatory Assistance. AI~iALy51<S15'1"RA~TEGI<C GdAIAS: A public hearing wall be schedule before tlxe B4CC wathan the nex# true mo¢rths o~'ering the publics. opportunity to address the Board on rhos matter. Pi~CAL 1QVIPA The Jefferson ~ouraiy costs associated watl~€ developing Ehe moratorium, participation in Else forn~.tion ofthe management plan and the vn gQZng Ynonatorang oftt~e activities w%tlzin Port Towrmsend Bay are included im ~e 2{tI l annuli budget approved for 17~T]. CO'~IMEI-Ti]ATt[ll"rl t Staff recot~xmends the BDCC approve tlFe moratoriuu~ and att~cl:ed work plan, far a period of six months. RIJVYEWEI3 BY• f ~ ' tp Ma 1 urrty Admini ~r/~~