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HomeMy WebLinkAbout080513_ra04Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMIS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Director Stacie Hoskins, Planning Manager, Shoreline Administrator / Michelle McConnell, Associate Planner, SMP Update Project Manager /nn n 1 DATE: Monday, August 5, 2013 � SUBJECT: Deliberate Minor Edits to 6 -17 -2013 Final Response to Ecology: In -water Finfish Aquaculture Required Changes #13 -15; Shoreline Master Program (SMP) Update (MLA08 -475) ATTACHED: 7 -19 -2013 Revised Draft Final Response to Ecology: Finfish Aquaculture Required Changes #13 -15; Summary & Maps of SED Allowance STATEMENT OF ISSUE: The Board and staff have spent considerable time and effort to study the issue of how to regulate finfish aquaculture to ensure adequate protection of shoreline resources while allowing appropriate use and development. Ecology provided feedback to staff on the 6/17/2013 Final Response to Ecology: In -water Finfish Aquaculture Required Changes #13 -15. After discussion with Ecology; DCD Staff has suggested edits to address Ecology's questions and concerns. Ecology has previewed the 7 -19 -2013 revised version of the document and is in accord with the changes as proposed. Staff seeks Board approval of these minor edits in order to proceed with the final adoption process. ANALYSIS /STRATEGIC GOALS /PROS and CONS: History: In January 2011, Ecology issued a conditional approval of the County's December 2009 Locally Approved SMP, including forty (40) required and recommended changes. The County also identified twenty -three (23) additional edits proposed to correct errors and clarify the document. In October 2011, the County provided a draft response to Ecology about the sixty -three (63) proposed changes and, in December 2011, Ecology indicated informal agreement with all but the County's proposed prohibition of in -water finfish aquaculture. Ecology will not support the outright prohibition of a water - dependent use in shoreline jurisdiction, and concluded the County had not provided adequate scientific rationale for such a prohibition. Ecology counter - proposed allowing in -water finfish aquaculture in all shoreline environment designations as a conditional use. The CUP follows a permit review process that requires a higher level of scrutiny for each proposal, and includes public comment and final decision by a Hearing Examiner. The Board feels this approach is overly permissive, risks harm to the shoreline resources of Jefferson County, and prefers greater geographic limitation for the allowance to avoid known areas of sensitivity for shoreline processes and functions and land use compatibility. As the County has continued to consider how to regulate this water - dependent use, requests for additional clarification were sent to Ecology. Ecology has, in turn, provided response and guidance. In July 2012, Ecology requested the County move to final action by a set deadline. In August 2012, the County requested additional time to continue researching the issue and confer with experts. Ecology agreed and set an October 2012 deadline offering three options for the County to follow. In September 2012, the County informed Ecology that we would pursue 'Option 1— Conditional Use Approach'. Staff worked with the Board to develop a set of conditional use permit (CUP) criteria /performance standards so as to finalize the formal response to Ecology about the 63 proposed changes, and to move to final adoption of the updated Shoreline Master Program. Regular Agenda While not legally required, the Board opted to invite additional public review and input on the proposed finfish provisions, presented in the document titled Revised Response to Ecology: In -water Finfish Aquaculture Required Changes #13 -15. The public review period was open from March 27, 2013 to April 15, 2013, ending at the close of the public hearing that evening. The Board deliberated the public input received on June 3, 2013, directing staff to make revisions as discussed and submit the document to Ecology. Upon Board direction, the 6 -17 -2013 Final Response to Ecology: In -water Finfish Aquaculture Required Changes #13 -15 was formally submitted to Ecology for review and approval in preparation for final adoption of the updated Shoreline Master Program (SMP). Ecology indicated to Department of Community Development staff that they had follow -up questions; Ecology and DCD staff met on July 10 to discuss these issues and reached concurrence at the staff level of revisions needed to address them. Staff prepared the 7 -19 -2013 revised version of the document and sought Ecology review to ensure the changes proposed accurately and adequately addressed Ecology's questions and concerns. Ecology has responded that they are in accord with the proposed revisions and staff now provides those, as contained in the attached 7 -19 -2013 document and SED maps summary, to the Board for review and approval. Upon Board approval of the revised Final Response staff will re- submit to Ecology for formal review and approval, concluding the County's response to all the required and recommended changes to the Locally Approved SMP and allowing the County to move ahead with SMP adoption by local ordinance. FISCAL IMPACT /COST- BENEFIT ANALYSIS: Grant funding for the SMP Update ended in June 2009. Department of Community Development staff work expends General Fund appropriations from the Department's annual budget to continue work on this project. Delay of the final adoption for the SMP Update is impacting other DCD revenue sources, including the Enhancing Shoreline Protection — Measuring & Achieving No Net Loss agreement with Clallam County, in the range of $300,000 during 2013 — 2014. Without the new SMP in effect, DCD may risk forfeiting this critical source of funding. RECOMMENDATION: Staff recommends the Board: 1. Deliberate the proposed minor edits reflected by the DRAFT 7 -19 -2013 Revised Final Response to Ecology: Finfish Aquaculture Required Changes #13 -15; 2. Direct staff to make any final edits to the finfish aquaculture provisions and re- submit for review and final approval by Ecology; 3. Direct staff to prepare an adopting ordinance for the updated SMP in preparation for submittal to Ecology for final review & adoption. RE ED BY: P ' Morle ,C ntyAdministrawr Date Atherton CountySMV Comprehensive VptloH Formal Jefferson County Response to Ecology on Changes to the Locally Approved Shoreline Master Program RA-SMP): Final Response to Ecology: finfish Aquaculture Required Changes #23 - 15 Background: On January 26, 2011 the Washington Department of Ecology (Ecology) issued its Conditional approval of the Jefferson County Locally Approved Shoreline Master Program (IA -SMP) pending some required and recommended changes. The County considered 63 possible changes to the to -SMP and provided the 10)3112011 Formal Response marix to Ecology for isdprmaf review. Ecologyindlcatetl Mey would accept all the proposed changes, except Chase that pertained to Ecology's required changes (#13,14 and 15) regarding in -water finfish aquaculture; the County still proposed a Complete Storeroom and Ecology will not support such a prohibition of this water— dependent use. The County further Studied the issues and considered options of how to adequately regulate the use and has opted for the approach Of allowing the use with a conditional use permit (CUP) subject t0 specific performance standards and geographic limitations. This limited CUP approach is described below in this final response to Ecology regarding the required changes for finfish aquacukure. This document serves as an addendum t0 the October 2011 response matrix and shows what changes the County is now prepared to make to the text Of the LA -SMP, pending Ecology's approval. The contents harem would replace in entirety all previously proposed versions of response to Required Changes #13, 14 and 15 (specifically pages 2 -14 of the October 2011 response matrix). The Country's rationale is included at the end of this document, but will not be codified as part of the SMP. proposed changes are shown below infne- inAme -out bill format with added text shown as underlined and deleted text Shown in a I As a, FIR .NOTE: As a courtesy to the reader, this document also shows revisions in response t0 other required and recommended Changes from Ecology and text clarifications proposed by the County in an effort to present complete package Of provisions that would apply to finfish aquaculture; these are indicated as "[Note: See Required /Recommended Change /Proposed Clarification Shoo "; these Rotations; will not be included in the final SMP dowm ent iwowtlified via ordinance. Because the County and Ecology have Ostensibly come t0 nveement on these Other Changes, the additional revlsvors are shown simply to give cameo[to the combined response to Required Changes #13 -15 regarding finfish aquaculture. For questions about this document, please contact Department Of Community Development Project Manager Michelle McConnell at 360/379. 4986 or mmcconnellibco.lefferson.wa.us. RENSED 7 Joi 13 Fine al Final Response to Ecoho r Elnfish Aammlture Res margial TT IAi v` Provision SMP Page Topic Fwloel+s Required or Recommended Change leOmson County Response Chargestathe bWINAPproved $MP Moral a 13 Artde 46 Use Table- 0,AP- X' X' Alternative Add and delete text nn.a:i` - .r,. --.' 43 -Use Net Proposal as read as Indicated Table Pens /FlnfsM1 in combined respomebrYl3, 14 and 15 below 14 Article 84 Aquacuhure IT same and Activities Prohibited Alternative And and delete text 8.2.8.1 to 8, - Outright Proposal to read as indicated and 2 8 ProM1ldtnts ester in combined ..wazpg:.y:: IF' PFarr M6 response for #13, Article 2. FinOsh locaculWre natures 14 and 15 below: 8.2.0.1 Aquaculture conditional use approval . through - Shoreline 3. Applicants for aquarulture 6 Environment activities that use or release beholders, Rsulatmns personnel scr iMi[e, fertilizer, non indigenous specs, parasites, Pharmaceutical genetially ratified Article Aquaculture organismy feed or other materials known Si - to be harmful into surrounding well is and Regulations preNGteA -must tlemons[rale all - General significant Impacts have been mitigated. 1$ Article 84 Aquawlture 42.9 b," 1 d7 Alternative Add and delete text 1-1,1 1 8.2.A.12 -Pull speWdnetSeallewe0. Proposal to read as totll[Med and 13 13. FmOsh aquamllure that uses or in combined releases herbicides, pesticides, response for #13, antibiotics, 14 and 25 below: fertilizers, pharmaceuticals, non - indigen o aces, s sp parasi[es, gencally eti modified organisms, orfeed into surrounding unding must demonstrate all eniicantlmoacts have been g� REVISED I- 19-2013 PAW 2 of 25 Final Response to Ecology: Finfub Aquoml[ure Combined Response for Required Changes #13,14 and 15 Add and delete text to read as follows: Added 2 Definition C.26. Criticalhabitat means his bltat areas with which endangered, threatened, serwatae or monitored plant, fish, or wildlife species have a primary association (e g., feeding breading, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232 -12 -011 or 23212 -014; In the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the LLS. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. See also Habitat of special significance. E.15. Experimental aquacu#ure means aquaalture that ;-Rcuffivatissne w species, or uses ag wine methods or femoral technioues that have not previously been eWtwated used in the state of Washington and that differ sgnfcantly from com man practice . 11.2. Habitat of special significance means ee @rass beds kelp beds. rocky reef habitat reoduck beds, hardshell clam beds. habitat having significant Populations or wh lch are Important to the feeding production or other life stages of Dungeness crabs. herring, )mecca /rreenl Ing, true coif, soles and flounders, rock fishes. cabezon and other lame sculoinz, or sea Perch, wildlife refuges and habitats of endangered or threatened species, and other habitat referenced by the 19661 nterim Guidelines for Salmon Net Pen Culture in Puget Sound, as determined on a hate -by -rase basis in wnartation with Wastri atop Department of Fish and Wildlife. See also Critical habitat. 1.17. In -water f nfish aauaculture mean the burning or Culture of vertebrate or cartilaginous food fish for market sale when raised in facilities located waterward of the ordinary high water mark in freshwater or saltwater water bodies, in either open -flow or contained systems. This includes net pens, sea cages. per cages and similar floating /hanging containment structures and is intended to reflect the definition of 'marine finish rearing facilities' ROW 90.48.22 tdoes not include[ m r storati n inhancementfacilities used expressly to improve circulations of native stocks and that meet the definition of 'watershed restoration proli Per RCW S9.08Ab0. REWSED 7 -1 ?2013 Poge 3 of 25 Farm Response to Emlpgy. FinJlsh AOVaoulture Article 4.3 Allowed Use Tall Table 1 - Permihed, COndltional antl ProM1ibRed Uses bV SM1Orellne Envbonmenl 0edgnai P= Use may be permitted subleR 10'Oheal antl regulations Of Program. May repuihe Inner, n e substdn[ial development permit or Statement of exemption approval. See Artitles 6, 7, 8, 9 and /Or to for details. Oil = Cautioned use administrative. See Artitles 2, 9 and 10 for definition, criteria and process details. GdI= CUndltlonal use distributary. See Articles 2, 9 and 10 be definition, server and process spends. %= Prohibited one. =Ex of and limitations may apply as noted in the Program . 5eespecficsectionfordetails. Environment Compositions Waterwordof0i I Landwardo)OHWM Aqua Aquaalture: In -rater FnfsM1 fnnbJdlrettet 3 � x• cap x x 1i Pen x Cdf Uo antl FlattN x 91 = £11 Article 8.1 Agriculture A. Policies —Add new policy: S. The County buccaneers the Importance M local food oroduction. both On land and in water areas. when Properly managed to control Pollution and Prevent environmental damage As consistent with the Jefferson County, Comprehensive Plan RCW 36.70A.030, and RCW 90.58.065 upland finfish a0 aculture is considered agricultural Production. However, Mr Purposes of this Program upland fiesh aouaculture should instead be managed as ana ltureand pul pure activities, as defined in Article 2. S. Shoreline Environment Regulation —Add and delete text to read 1. PriontrAquatic: New agricultural activities except aouaculture. are prohibited. farmwgaaq ` 2. Aquatic New agricultur al activiaieaexrept aoual are prohibited. 3. Natural: New agricultural activities except aouaculture, are prohibited, except that low intensity... REVISED 7-19 2013 Poge4 of 25 Final Response to EmlOgy. Flnfch Aguoculmre C. Regulations —Ada new regulation: 3 Upland fi fiM1 aQuaculture use and development shall b b t to the A It I" and regulations (Art de 8 section 21 of this Program Artide 8.3 Aquacutture A. Policies 1. AquaNlture is a preferred, water -dependent use of regional and statewide interest that is important to the long -term economic viability, cultural heritage and environmental health of Jefferson County. 2. The County should support aquaculture uses and developments that I. Protect and improve water quality; and li. Minimize damage to important reinstate habitats, and It. Minimize interference with navigation and normal public use of surface waters; and i. Minimize the potential for cumulative adverse impacts, such as those resulting from in water structures /apparatus /equipment, land -based fzchin es, and substrate disturbance/modification (including rate, frequency, and spatial extent). 3. When properly managed, aquaculture can result in long -term zoological and economic benefits The County should engage in coordinated planning to identify potential aquaculture areas and assess long- term needs for aquaculture. This Includes working with the Department of Fish and Wildlife (Dive), the Department of Natural Resources (DNR), area tribes and shellfish interests to identify areas that are suitable for aquaculture and protect them from uses that would threaten aquaculture's long -term sustainielil. o. Aquaculture use and development should locate In areas where biophysical conditions, such as tidal currents, water temperature and depth, will minimize adverse environmental impacts. Individual aquaculture uses and developments should be separated by a sufficient distance to ensure that significant adverse cumulative effects do not occur. 5. The County should support tideland aquaculture use and development when consistent with this Program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting non aquaculture use and development on these tidelands. 6. Intensive residential uses, other industrial and commercial uses, and uses that are unrelated to aquaculture should be located so as not to create conflicts; with aquaculture operations. 7. The County should promote cooperative arrangements between aquaculture growers and public recreation agencies so that public use of public shorelines does not conflict with aquaculture operations. RENSED 7 1013 Page 5 of 35 Final Response to twenty r Finfish AOUOmltore 8. Experimental forms of aquaculture involving the use of new species, new growing methods or new harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this Program. 9. The County should support community restoration projects associated with aquaculture when they are consistent with this Program. 10. Commercial and recreational shellfish areas including Shellfish Habitat Conservation Areas are critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, cultivation, and harvest. [Note: See Required Change 8121 11. chemicals and fertilizers used in aquaculture operations should be used in accordance with state and federal laws, and this Program. 12. The County recci upland finfish aquaculture is considered d type of agricultural Production by h Jefferson County Comprehensive Plan, RCW 36JO5.030. and PEW 90.58.065. However. for Purposes of this Program. upland finfish aouaculture should instead be managed as aouaculture and aouaculture activities, as defined in Article 2. 33. finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non indigenous species, parasites, viruses genetically modified organisms, a feed, or other materials known to be handful into surrounding waters should not be allowed unless significant Impacts to surrounding habitat and conflicts with adacent uses are effectively mitigated 16. The County should Prefer all finfish anounaculture use and development (in weer and upland) that operates with fully- cgnfained systems that treat effluent before discharge to local waters over open systems. 15. The County should allow in water finfish ad uacullure in the open waters of the Stra t of Juan de Fuca only when the area seawe rd of me ordinary brad water mark (OHWMI which is svbiect to the Contorts risdictlon extends a considerable distance and when consistent with other Provisions of this Program. 16. The County should prohibit In -water fmfsh aouaculture waters of Jefferson County where there are h iWt Protection designators in dMe and /or water quality issues documented. B. Uses and Activities Prohibited Outright 1. In water finfish aquaculture use /development including net pens as defined in Article 2. shall be prohibited in the fallowing areas due to established habitat protection tlesienations and /or water coal! issues Protection Island Aquatic Reserve or within fifteen hundred feet (1500') of the boundary E, Smith and Minor islands Auafc Reserve or within fifteen hundred feet 11500'1 of the bounds C. Discovery Bay, south of the boundary of the Protection island A Ual'c Reserve' d. South Port Townsend Say Mooing BUOY Management Plan Area and REVI5FD 71912DV Page 6 oj25 Final Response to Ecology finfish Aquomlture e. Hood Canal. south of the line extending from Tale Point to FOulweamer Bluff. including Di and Taboo Eays. C. Shoreline Environment Regulations 1. Priority Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment, except all fnfish aquaculture (in -water aM uglarall in prohibited. 2. Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment. 3. Natural: Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this Program. Geoduck aquaculture may be allowed with a conditional use permit (C(d)). Ali fnfish aquaculture is Prohibited, except in water fish up uaculture may he allowed with a condIthonal use Permit [C(d)) where the area within the CountJs'ur sd'cfon extends seaward more than eight 181 roles LOm the OHWM as measured Perpendicularly from Shore This does not require facilities to locate eight (8) miles offshore see other provisions of this section for sync nijuharanimts and supplemental made for additional information. 4. Conservancy: Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this Program. Geoduck and upland fnfish aquacultum maybe allowed with a conditional use permit (C(d)). In-waterf"nfizh aauaculture's proh'ti fed S. Shoreline Residential: Accordion activities, except for geoduck aquaculture, may be allowed subject to policies and regulations Of this Program. Geoduck aquaculture may be allowed with a conditional use permit (C(d)). All fnfish aquaculture (in -water and upland) "s orah'bited. 6. High Intensity: Aquacuhure activities may be allowed subject to policies and regulations of this Program, except upload all fnfish aquaculture (in water and upland) may be allowed with a conditional use Oenmit (lcW D. Regulations— General 1. When a shoreline permit is issued fora new aquaculture use or development, that permit shall apply to the Initial siting, construction, and /or flaming or stocking of the fanlity or farm. If the initial approval is a shoreline substantial development permit, it shall be valid for a period of five (5) years with a possible one - year extension. If the initial approval is a conditional use permit, it shall be valid for the period specified in the permit. 2. Ongoing maintenance, harvest, replanting, restocking S or changing the species cultivated in any existing or permitted aquaculture operation is not considered new use /development, and shall not require a new permit, courts Or mail [Nate. See Proposed clarification #21] I. The physical extent of the facility or farm is expanded by more than twenty-five percent (25%) or more than twenty -five percent (25 %) of the facility/farm changes operational /cultivation methods compared to the conditions that existed as of the effective date of this Program or any amendment thereto. If the RENSEO IdA2013 edge 2 of 25 Final Response ro Ecology Finfmh Agwculture punt of expansion or change in cultivation method exceeds twenty-five percent (25 %) in any ten (10) year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section; or ii. The facility proposes to cultivate species not previously cultivated in the state of Washington. 3. Aquaculture uses and activities involving hatching, seeding, planting, cultivating raising and/or harvesting of planted or naturally occurring shellfish shall not be considered development, as defined in Article 2, and shall not require a shoreline substantial development permit, unless: i. The activity substantially interferes with normal public use of surface waters, or Iu The activity involves placement of any structures as defined in Article 2; or HL The activity involves dredging using mechanical equipment such as clamshell, dipper, or scraper; or w. The activity involves filling of tidelands or tidelands. 4. The County shall assess the potential for Interference described in 8.2.C.3 on a case -by -base basis. All proposed new aquaculture uses or developments shall submit a Joint Aquatic Permit Application (IARPA) and SERA checklist to enable assessment by the county. Activities shall not be considered to substantially interfere with normal public use of surface waters, unless: I. They occur in, adjacent to or in the immediate vicinity of a h' - t, cJU6lag public tidelands; and (Note: See Required Change #181 uL They involve the use of floating ropes, markers, harge;floats, or similar apparatus on a regular basis and in a manner that substantially obstructs public access, or passage from public facilities such as parks or boat ramps; or they exclude the public from more than one acre of surface water on an ongoing or permanent basis. 5. Aquaculture activities not listed in 8.2.00.3 and listed activities that fail to meet any of the criteria in 8.2.64 A_2 shall require a shoreline substantial development permit SOP of conditional use Permit JCUP and shall be subject to all of the following regulations: Note'. See Recommended Change #13] i. Scandal, intertidal, floating, and upland st ructures and apparatus associated with aquaculture use shall be located, designed and maintained to avoid adverse effects on ecological functions and processes. ii. The County shall consider the location of proposed aquaculture facili ties /farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses. The County shall determine what constitutes acceptable placement and concentration of commercial aquaculture in consultation with state and federal agencies and Tribes based on the specific characteristics of the aterbody, reach, drift all, and uplands in the vicinity of the farm /facility. iii. Upland structures accessory to aquaculture use that do not require a waterside location or have functional relationship to the water shall be located landward of shoreline buffers required by the Program. iv. Overwater work shelters and sleeping quarters accessory to aquaculture use/development shall be prohibited. RE PEO l -19 -2013 Page 8 of 25 Final Response to Ectegy: Flnf8h A4uamlture v. Floating /hanging aquaculture structures and associated equipment shall not exceed Six6(en 10 feet in height above the water's surface. The Administrator may approve hoists and similar structures greater than sis}S) ten 10 feet in height when there is a clear demonstration of need. The sw -Moot height imit shall not apply to vessels. vi. Floating/hanging aquaculture facilhiea and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts. vii. Aquaculture use and development shall not materially interfere with navigation, or access to adjacent waterfront properties, public recreation areas, or tribal harvest areas. Mitigation shall be provided to offset such impacts where (here is high probability that adverse impact would occur. This provision shall not be interpreted to mean that an operator is required to provide access across awned or leased tidelands at low title for adjacent upland owners. viii. Aquaculture uses and developments, except in water fmfish as uaculturer shall be located at least six hundred (600) feet from any National Wildlife Refuge, seal and sea bon hauloutg seabird nesting colonies, Or other areas identified as critical feeding or migration areas for birds and mammals. In- water finfishfax i . including net pens. shat l be located 1500 feet or mnre fromsuchareas. The County may approve lesser distances based upon written documentation that U5 Fish and Wildlife Serace (USFWS), Washington Department of Fish and unable (WDFW) and affected tril support the proposed location. ix. Aquaculture use and development shall be sited so that shading and Other adverse impacts to existing red /brown macro algae (kelp), and eelgras beds are avoided. x. Aquaculture uses and developments that require attaching structures to the bed Or bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate. A. Where aquaculture use and development are authorized to use public facilities, such as boat launches or racks, the County shall reserve the right to require the applicant/proponent to pay portion Of the maintenance costs and any required improvements commensurate with the applicant's /proponent's use. xii. Aquaculture use and development shall employ non - lethal, non - harmful measures to control birds and mammals. Control methods shall comply with existing federal and state regulations. Rui. Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically modified Organisms except when allowed by state and federal law. as. Non navigational directional lighting associated with aquaculture use and development shall be used wherever possible and area lighting s i- 'I shall be avoided and minimized to the extent necessary to conduct safe operations. Non navigational lighting shall not adversely affect vessel traffic. xv. Aquaculture waste materials and by- products shall be disposed of in nner that will ensure strict compliance with all applicable governmental waste doposal standards includ'na but not limited to the Federal Clean Water Act. Section 401 and the Washington State Water Pol gion Control Ad (RCW 90.48). Rurot 7- 192013 Fage 51 Final Response to activity, Finish Aquoculture 6. Prior to approving a permit for floating/ hanging aquaculture use and development or bottom culture involving structures, the Caurrty, may require a visual analysis prepared by the applicant /proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The analysts shall demonstrate that adverse impacts on the character of those areas are effectively mitigated. E Regulations — Finfish 1. The culture of finfsh, including net Pens as defined in Article 2. may be allowed with a discretionary conditional use approval Wish subject to the Policies and regulations of this Program. All finish aquacultue and upend) shall meet at a minimum, state approved administrative guideline for the management of net Den cultures In the event mere Is a cog R'n requirements the more restrictive requirement shall prevail, 2. 9 ;o PSI All in- water finfsh anoaculture fin water and upland) mopesals for facilities /operations shall . Provide the County at the aml cant /operator's expense ante characterization survey baseline Surveys, and annual monitoring as described In the 151 Interim Guidelines or subsequent documents approved by the state. The applicant /operator trial I also provide the Counts, with copies of all survey and monitoring reports submitted to WA Departments of Ecology. Fish & Wildlife. and Natural Resources. b. Submit an operations Plan that includes mo'ectipns for L, Improvements at the site (e.g. Pens v. Pounds of fish on hand throughout the booms.etc.land their relationship to year: the natural features lee bathymet-v , L Average and maximum stocking density shorelines etc.)' x . Source of eggs 'u ernes and n. Number size and configuration of broqdstocki pens /structures. x. Type of feed used u. Schedule of development and A. Feeding method maintenance all. Chemical use lee antifouling. w. Species cultured- antibiotic etc.i and v. Fish size at harvest all. Predator mntml measures. I. Annual production' c. Provide County with documentation of adequate property damage and personal iniury commercial insurance coverage as required by Washington Department of Natural Resources and other agencies. d. Where the County does not have expertise to analwe the merits of a report Provided by an aoplcant. the applicant may be required to pay for third Party peer review of said revert. REVISED 7142013 Page 10 of 25 Finpl ReSponse m Erob9y: Finfish Agmmlture 3. Bottom Sedlment586entho5 a. The death of water below the bottom of any in -water finfish acuaculture facility shall meet the minimum Ired by the 1986 Interim Guidelines (i.e. 20 —ED feet at MLLWI. as based on facility pmduR on capaclN Klass I. II or 1111 and the mean current velocity at site, measured as noted in the Gu CelintrI or by more current data /methodoloev b. ln-water finfish aguaculiure operations shall be prohibited where mean current velociN is less than 0.1 knots (5 CMl C. The Per configuration le. e. parallel rows, compact blocks of square enclosures, or clusters of Various Seed round enclosures, whether oriented in rme with or Peroeroicular to the Prevailing current direction) of any in -water finfish aguaculture facility shall be designed and maintained to minimize the depth and lateral extent of solids accumulation. d. The use of uncrellefzed wet feed shall be prohibited to minimize undigested feed reaching the benthos or attracting Scavengers in the water column e. Anchoring or mooring systems than utilize adequately- sized helica l devices or other methods to m'o'm ze disturbance to the benthos. A. Water Duality a. AII'n - water f'mfish ao uaculture facilities shall be designed, located and operated to avoid adverse impacts to water temperature, dissolved oxygen and nutrient levels, and other water quality parameters. Facilities must comply with National Pollutant Discharge Elimination Standards (NPDES) ents. D, All nl water finfish ale uaculture fadlities sha ll monitor water oualb and net cleaning attivitiesto comply with 5tae reauirements 11ncludine WAC 1 73 -201A -2101. esoacially during periods of naturally high water turbidity. Additional net cleaning activities shall be performed. as needed, to ensure State water ouality standards are met. 5. Phymolankmn a. In -water finfish actuaculture facility production rapacity shall be limited In nutrient sensitive areas to Protest lia incl shall W exceed 1,M,M pounds annual production per squa re nauticaJ mile. The following shall apphtfor specific geographic areas: In the main basin of Puget Sound (area South of the sill at Admiralty Inlet extending to the line between Tala Point and Foulweather Bluff. including Port Townsend Bay, Kilisut Harbor, and Dok Bay, and extending to the Countvs boundary mldwav to Whidbey Island).annual production shall be limited by the site character stics In compliance with this Program b. Applicants shall demonstrate through held and modeling studies that the proposed fish farms will not adversely affect existing biota. REVISED ] -19 -2013 Page 11 of 25 Final Respmue to ErobgY flnAsh Agupculrure 6. Chemicals a. Only FDA- anaroved chemicals shall be allowed on a case by -case basis for ants- foulinm predator control and other purposes. The use of tribuMtin ITBTI Is presented and all chemical use shall be ported to the State as required. b. When za f tl over the f antibiotics. Only FDA tl antihaotiC5 shall be used and such use shall be renowned to the State as required. Operator shall take all necessary precautions to ensure that nearby sediments and shellfish do not accumulate significant amounts of antibiotics. 2. Food fish &Shellfish a. All in water Onfish aguaculture facilhies shall be loaned to avoid adverse impaua to habitats; of special significance [as defined in Article 21 and Populations of food fish and shellfish as follows as determined on -bv -case basis. i. Wcase a n adjacent to any wildlife refuge, sanctuary. aquatic reserve or similar area intended to protect threatened or endangered species, locate a minimum 'rectons from such urotecred areas^ Ii. When water death LS less than 75 feet locate at least 300 feet down- current and 150feet in all other directions from significant habitats, OL When water depth LS greater than 75 feet, locate at least 150 fret from significant habitat. b. The County shall designate protective buffer zones around habitats of special significance ecordance with marine area spatial Planning efforts sled by the State. when Such guidance and methodologies are avalable 8. Importation of New Fish Species a. All in -wafer fnfish aouaculture facilkles shall com olv with existing State and federal regulations to ensureim pa tation of new and /or non - native species does not adversely affect existing and /Pr native n 9. Genetic Issues a In compliance with 5 died f f h aquaculture facilities that local to culture species native to waters should use stocks with the greatest genetic similarmi I stocks. b. When there is increased risk of interbreeding or establishment of raturalined Populations of th cultured species that would in conflict with native stocks only stew le or mono - sexual fsh shall be allowed. RMSE0 ]d 5`2013 Page 12 of 25 Final fle5ponse to E001MY. Fannin Aquvalmre C. All in -water finfsh apuaculfure facilities shall locate minimum distance from river mouths where wild fish could be most vulnerable to aenetic degradation. as determined on a case -by- -case bass or by State guidance. 10. Escapement and Disease a. All in water finfish aouaculture facilities shall comply with State and federal recuirements to control cents oaraates diseas Wrusez and oathoe¢nand to w¢veP[PSCaoempot ilad ioe. but marbi l[ed to, thoft for curryi eggs, approved i importitirrinsport and We fish transfer rotocol meet Prevention reoorCne and recapture plans and disease inspection and control per RCW )] 15 290 RCW 77,115, C 22Q >6 d C 22Q tl M1 b. The use of regional broodrtock's Preferred C, As consistent with the b ove mentioned W h' tl administrative rules, and other lira le authonties all In -water fmfsh aqua eultum facilitygyeraWN shall Q vide the County with Disease Response Plan to detail specific actions on and bull to follow when an outbreak's detected The l hall address tri Permit denial, " magaritne, confusion, and other Possible scandrips, what agencies wll be notified or involved, what alternate facilities may be used. a public information /outreach strategy and other rate Information 11. Marine Mammals & Birds a. All in- water fnfish aouaculture faciltties shall loot¢a minimum of 1.500 feet from habitats of special en fcanoi marne m seabirds mats and b. Only non-lethal s (a a. anti mcdatior I shall be II tl to Prevent precation by BM and/or mammals on the cultured stocks 12. Visual Quality a. All In- water fnfish aouaculture facilities Shall conduct a Visual Impact Assessment to evaluate and document the following spina and design variables in order to minimize visual impacts to ad'acent and sur�undin¢ uses'. cate offshore fmm lowbankshorelines ranter than hiah bWffareas where anek of viewing i. Locate offshore a minimum of 1.500 feet from claim" high watermark or a minimum of 2,000 feetwM1en higher tlensity re9tlential Oeveloomen[ IRUraI Residential Iii Urban Growth Area Master Planned Rezorc and ore - existing platted subtlivisions wilF tlensity eouiyalent /erecter to RMSE02- 198013 Gage 13 of 25 final Response to Ecology. Finfish AOaaculmre such) 15 present along the adii upland. The County may readable a greater distance as determined W a visual impact assessment. H. Facilities shall be designed to maximize a horizontal prof le to nagger he plane of the water surface rather than dialect vertically above the water surface Var[ral height shall be the minimum ficasabler not to exceed 10 feet from the surface of the water. i Facilities h de ce are coveral e does not x red 0% of the normal mine of vision. debepdent on the foreshortening created by the offshore cl stance and the average observation height, V. Facilities shall be designee to borrow from the form of structures and materials already in the environment (e.g. pilings, docks, mortars) and to blend with the Predominate color schemes present (ie. blue. green, gray, neutral earth tones). The colors of white and black shall be minimized is they have highly variable appearance in response to lighting condldons Bight cri such as red, yellow, and orange shall be avoided, unless n i red for safety Purposes. The useofayarieW of materials or colors shall be limited and ordered. vi. Facile ties, ;gcdc dtoloa>heviCn[v ofexistinwat erflnPShaguacultwefacilitiessholl valuate the aggregate impacts and cumulative effects of multiple operations in the same ml Facilities h Il b restated d located h M1 rfa findividual does area. exceed 2 acres of surface coverage and no m than one oderation Per square nautical mile viii, land bass e access for bark ng sta ging launching and storage associated with any'n- waterfin(sh wararculture facilities M1 be evaluated for l impacts and conflicts with adjacent upland 13. Navigation. MIIiGry Operations antl Commercial Fshine a. When appromiste.'lo -water finfish amacculture fatilli shall be located close to shore and near existing navigational lmcediments b e, ma rims. docks). It All in water finfish apuaculture facil@ies shall be designed, looted and operated to avoid conflict with n itary operations. c. The County shall notiN. as riate,m Forts, recreational and commercial boating /fishing 'cations. and local tribes about comment 0000rtunities during the winner review process. especially re, Proposed location of fish farm and related navigational aids, 14. Human Health a. All in -water finfish aquactilture facilities shall be designed, located and accrued 1. Ensure adeouate water oualitV COMEAt lde with good husbaodry practices ii. Report any known baderiologiral characteristics of fish food use@ iii. Ensure Proper storage f fish food t 'tl alteration or degradation ffeed mi and i. Reeulai monitor and report presence of parasites In farmed fish REVISED] - 193013 Page 14 Of 25 Final Response to Ecology. Fri Aquoculture v. Comply wth federal state and local food safety requirements including, but not limited to source identification and country of odgin labeling. and Hazard Analysis & Critical Control Points Plan. 15, Recreation a. All 'n -water finfish aauaculture facilities shall ensure compliance with State and federal requirements, especially when location is proposed near underwater Park facilities. b. Alin -water finfish aauaculture facilities shall be located a minimum of 1000 feet ham any recreational shellfish beach Public tidelands, public access faul[es le.g. docks or boat ramps) or other areas of extensve or established recreational use C. In -water finfish aPaculture erators zhal l Inform the Notice to Mariners a rd other appropriate entities for nautical chart revisions and notify other sources that nform recreational uses (e.g. boaters dives shellfish harvesters]. 16. Noise a. All in -water finfish aquaculture facilit ies Shall be designed, located a nd operatouI i. Ensure compliance with state and federal noise level limits H. Require mufflers and enclosures on all motorized fish farm eouioment. HL When appropriate, prefer electric motors over internal combustion engines. b. The County may require an acoustical study, conduced at the applicant /operator's expense to ensure any audible impacts are identified and adequately addressed. 17. Odor a. All in waterfnfish as u culture facilities shall be designed located and ooeratedw: Ensure compliance with state limits regarding nuisances and waste disposal, 1 L Follow best management practices including but not limited to: 1. Daily removal and disposal of dead fish and other waste: 2. Regular cleaning of nets and apparatus: 3. Storage of food in closed containers: a. Walkway design and use allows spilled food to fall into the water. ii. Maximize the distance between the facility and nearby residential use /development, downwind location Preferred to minimize Impacts resulting from foul odes. 18. lighting and Glare . Facilities shall com Ply with USCG requirements for operational and navi gational lighting. The height of unless otherwise specified by State or federal reauirements. b. FaCilities shall be designed so that a nv glare or shadows caused by the Solar rientation are minimized. REVISED 2- 192013 Page 15 of 25 Final Response to geology: Finfish Aquamuture C. Fac l Ces shall unitize materials that minimize glare caused by sunlight or art'fdal lighting. 19. Upland Shoreline Use a. Alli n - waterrnfsh apuaculture facilities shall be designed located and operated to minimize incompatible uses and degradation of upland area. 20. Local Services a. All in -water finfsh aquaculturefacilities shall be designed, located and operated to i. Provide of high. d low volumes of waste to be rtl d di catastrophic events: i. Provide a waste management Plan can include the metrod and frequency of collection, storage and disposal: and Ensure compliance with local state federal waste disposal rep uirements lb. Equipment, t t d materials shall not he discarded in th water and shall not b e abandoned i the land. & 1. Prior to issuing a permitfor any proposed a°uaculture use or development, the County may require copies of permit applications and /or studies required by state and federal agencies to ensure provisions of this Program are met, including, but not limited m, the following information: I. uumm aced harvest cycles and potential plans forfuture expansion or change in speciesgrown or harvest practices li. Number, types and dimensions of structures, apparatus or equipment. iii. Predator control methods. N. Anticipated levels of noise, light, and odor and plans for minimizing their impacts. v. Potential impacts to animals, plants, and water quality due to the discharge of waste water from any upland deveopment vi. Proof of application for an aquatic lands lease from the Washington State Department of Natural Resources (DNR) or proof of lease or ownership if badlands are privately held. vii. Department of Health (DOH) Shellfish Certification Number. viii. Department of Fish and Wildlife (DFW) commercial aquatic farm or noncommercial, personal consumption designation. N. Proof of application forany permits required bythe U.& Army Corps of Engineers, Department of Health, or other agency x. Proof of application for any state and federal permits /annrovals including any required federal nsultati0n under Section ]of the Endangered Soeeies AR 116 US.C.6 1531 e[seg.. F5A1. REVISED 7,19 -2013 Poge160i Fluor Response to Ecology. Fiml h Ansicultum b 2. Prior to approving a permit for floating/hanging or upland aquaculture use and development or bottom culture Involving structures, the County may require a visual analysis prepared by the applicant /proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The analysis shall demonstrate that adverse impacts on the character of those areas are effectively mitigated. Jefferson County Rationale Finfish Aauaculture Provisions linen aouaculture includes both in -water and upland facilities. Jefferson County proposes to allow new fnfish aouaculture u ae /developmentwth a discretion conditional use permit with some differentiation between the regulation of upland and in water facilitiesrvReview of Proposals for conditional discretionaw uses re sub ad to specific criteria and performance standards, public notice. written Public comment, and at the discretion of the Shoreline Administrator an optional public hearing Procedure determ ned by the ProIPCPS noten[idliTUdc65i nple%iN In CpnlplldllCe colt[ iNeleffer50n CPYI1N Cpde Cl eater 1840 Section 520 UCC 18.405101 This Type III auasi-Pudicial Permit review process also includes review by Washinaton Department of Ecology as the state's legislative authority for shoreline management and final decision by Hearing &ammer. Upland Fl Fl h agualculture me/development would be II tl with a discretionmy conditional " limited t0 the Aquatic Conservann and High Intenslov shoreline designations. The limitation to Conservanw and High Intensity designations appropriate given such industrial use of natural resources Is not compatible in Natural desenated areas with Significantly intact shoreline functions and processes or in 5horefne Residential designated areas with higher densities of single family residential use /development (Rural Residential 1, 5. urban Growth Area Master Planned Resort and/or ore - existing Platted subdivisions with density equivalent /greater to such) where the risk of conflict between Incompatible uses is reatest, This Flouted allowance recognizes that an upland operation may require water intake and discharge components located waterward of the ordinary high water mark (OH W MI and allows such in the Aquatic shoreline designation only. In- waterfnOSh aapaculture use /development including net ceps and floating contained systems "seso Proposed to be allowed with a discretion conditional use permit. The use would be lim ted to the Aquatic zhoreline designation and allowed only 11 when adjacent to High Intensity Shoreline designation or 2) when adjacent to a shoreline designated as Natural Provided more than eight 181 miles of County jurisdRion extends seaward from the shore such as in the Strait of Juan de Fuca. Other areas where the Natural designation Is proposed are constrained by limited in water area ad acent to the Aquatic designation making then unsuitable for such " intensive " industrial In-water overY The limitation to High i [ tl one REVISED 192013 Page 17 of 25 Final Response to&alOgy Flriph Aquaculmre ea I MOQSWF fEDAVVLEcoJ 1 ' guidance to "Avod si tes offshore of existing suburban residential develonment" Several geographic limitations would teaiOn of sensitive ha bitat areas and areas with degraded I' In-water f f M1 aquaculture would be h' b t d in the following Protection Island Aquatic Reserve: • Smith & Minor Islands Apuafc Reserve' D'seowN Bav' • South Port Townsend Bay and Hood Canal south of tMlne extending from Tala Pont to Foulweather Bluff, including Dabob and • Tarboo Bays. Funher. all proposals for f fM1 aauacuk ldeveloment le need to meet the detailed pefformance sWndarcs for s4ing and operations indudim but not lmted to topics such as Shes and Monitoring: Visual Quality' Fa[IN Operations Plan: I Navigation. Military Operations and lnsumnce Coverage: Commercial Fishing Bottom Sediments and Ben[MS Human Health Water NAN: Recreation, Phroplankton: Nolse Chemiwis' DOor, Food fish and Shellfish, Lighting and Glare. o Importation W New Fish Species: Upland Shoreline Use and Genetic Issues' Local Services Escapement and Disease: The CounW recognizes a mmplete h'b" f a waterAependentr r i red shoreline use may make the Co ble to a legal chaReage. Instead the C to M1 appropriate in order to ensure no net loss of shoreline resources and to minimize use conflicts that result from incompatible activities in close Droximty This a oath will omvide appropriate shoreline locations where „co tl - 1 ensuring ad f nearshore habiwn such as marine nparlan and submerged benthic communkes and miaration wrriclors for endangered salmon ES and 2lminimizing the potential for use conflicts anticipated along most Natural. Conservancy. and Shoreline Residential designated shorelines. The specific Derformance standards made Part of this SMP are consistent vi th state au dance on fnfish aouaculture use /development with respect to siting, use conflicts and enyro ental impdtts Rationale for some specific Provisions of Parlcular interest to Ecolokyfollows REVISED 2- 192013 Page 18 of 25 Finol Response to 5whogy. Fisf h A uaculmre Article 81AukWwm —Asa courtesy to the Teader, the provisions clarity that while upland finish aquaculture is recognized as a Noe of agricultural use /deye1OPMent it is to be managed by the more specific aouaculture Policies and regulations of the Program. This is based on The term 'upland finfish' being included in definitionsfor'agricultural products' and'agficultural enuipment/facilities' in the Shoreline Management Act (SMAI at RCW 90.58.065(2)(b) and (c) and the Shoreline Master Program (SM PI Guidelines at WAC 173- 26- 0200)(b) and I0 SMP Guidelines WAC 173- 26- 191(1)(e) requirement for mnsiAenav with State Growth Management AR IGMAI comprehensive Planning' GMA definition fer'agricultural lands includes 'finfish In upland hatcheries' • The Jefferson County Comprehensive Plan, Natural Resource Conservation Element(Chagter 4) includes APuaculture Lands and resources, specifically shellfish and upland finish aouaculture. Net pens are specificelly identified as 'not resource lands' to be regulated under the SMP. The overarching principle ofregulatow law that if two sets of regulations might be applicable to Particular use or activity, then the more spgak ones should be applied. Umked Allowance in NatuMi DeslePeNon- The Provisions allow in- waterfinfsh aouaculture se /development to locate adiacent to Natural designated areas only when the County's "urisdlction extends considerable distance' /'eight(8) miles' from shore, as sublect to the other applicable provisions Generally. Natural designated areas are not suitable for in water finfish aouaculture because they contain the most intact and sensitive shoreline resources, however the County is aware that the Strait of Juan de Fuca is an area of Interest to the lndustry and Ecology. In order to 1) Protect all other Natural designated areas laated elsewhere in the County where offshore distances of lurisdvion are constrained. 2) be responsive to the lndustry and Ecoloev. and 31 minimize the risk of legal challenge, the County has included this allowance (subiect to Other applicable provisions). Doing so opens up a 42. 9 souare mile area in the Strait of Juan de Fuca for Possible siting '. this is in addition to the other Possible siting areas: Glen Cove (0.5 square milesl. Mats Mats Bay (12 square miles- outside the bay only). and Port Ludlow Bay (0.04 square miles). The Program clarifies that facilities are not required to lo=e eight (8)miles offshore but that other Provisions establish siting repWrements (Npically 1.500 to 2.000 feet offshore). Further a set of supplemental maps are included with this document to show the approximate areas where in water finfish aouaculture use /development mieht be Proposed to locate based on shoreline environment designations ISEDS). Siting Distance Requirements— Several Provisions address siting distance based on specific stare guidance documents 'including: . Article 8.1.B(1)(a) and prohibit sin. water finfish aouaculture facilities within 15W of the Protecion Island Aguatic Reserve and Smith and Minor Island Aguatic Reserve (Source : 1986 Interim Guidelines and 1990 Final Programmatic EIS): RENSED 7 I9 2033 Page 19 of 25 Final Response W Ectlogy: Finfish Aquamlture ArtIcle8.2.D.5(viii) requires water finfish anuaculture use /development to locate at least 1500' from any National Wildlife Refuge. seal and sea lion haulouts seabird nesting Informed or other areas identified I feeding for tl distance with approval f fiederriVistate agencies (Source, 19g6 Interim Guidehmiss 990 final Programmatic EIS(: Article82E)lal requires water finfish anuaculture facilities to locate lil at least 300' in all directions hard any wldi refuge sanctaary aouatic reserve or i are intended to protect threatened or endangered species in order to avoid adverse impacts to habitats of special significance and p f food sh and shellfish, fit i M1II ban ' h 5tl feet dawn rentandl5ofeetnal other from significant antl liiil in water tleeoer tnan ]s' at least 150 feet from Significant habitat (source 1986 Interim 6uidennes and 1990 Final Programmatic EIS' Article 82 Elllal reguirris in water finfish anuaculture facilities to locate a minimum of lSW from habitats of special significance for marine mammals and seabirds (Souce: 1986 interim Guidelines and 1990 Final Prcerammabi EISI' Article 82E 21)1 -1 requires in waterfinfish anuacultura facilities f 1,500 f from d' high water mark or a minimum Of 20W feet M1 M1'h d E "I development t along thir di [ upland. The Counte, mart reQuire a greater distance as determined b visual impact (Shone, 1986 Aguaculture Siting Study and 1990 Finol Proorammatic EISI: Article 8.2.E.15(b) fl f M1 f I" m f feet from any reatonal sheRfsb beach public tidelands oubl'c access facilities (e.g. docks or boat ramos) oor other areas or extensive e5tabfshed recreational use 1988 Use Conflicts Study and 1990 Final Programmatic ED) Habitat f Swcial S' R critical H b'fat —T definitions are di f are similar c26 Critical Habitat and H2 Habitat of Special Significance. Win a based ondffemnce sources the terms intended to be interchangeable in practice t The definition for 'habitat of special senfcan 'c f hR tlE CI for l5 I Comes I U 9861 , 5pecifically from bl and Table 3 on pidge 18 of the document. The definition for 'critical hatitat' reflects 11 the more recent GMA reoure ents for protection of environmentally sensitive "critical areas" (such Ss 'fish & wildlife habitat conservation areal 2) the 1973 fetleral Endangered Se I habitat for listed species, and 31 the Washington Department off h & Wildlife's WAC - laledso e ii and i Habitats and Sfieces Prog ram. As the County has fried an the 19861nterim -Guidelines document and the subsequent �I Proarninti EnvironmentIR ImPOCtStaterrent 151 for 'h Culture in Floating Net Pens lParameti x /WA Dept Fisheries 19901 there is hesitation to insert the term from the more current GMA/ ESA /PHS sources into provisions that come out of the older Interim Guidelines and EIS. REVISED 7192013 Page200)35 FMOI Re5POn5e to EDVVI Einfish Agmcultere f implementim the Provisions of th SMPthat use these terolsN Co a [b In terms loopli"bility will b d When and there d how it app[ies to a specific 1' / l, the definition for the used w oWd be relied upon, and fhat did not clarffy, then the definition for M1 a or alternatehnterch ble Id be relied upon. If, in the situation where neither definition adequately clarifies the County would mnsult with Professionals from avmpmute natural resource a¢enciez (Le. W DFW W ONR USSWS etd. Notethat when thetesm 'habitat of specialsgnfcan Ce is used in provisions E.7 and E. ll the term isfurther narrowed by Including additional 'of food fh and shellfish' or 'for marine mammals and seabircle so the i subset of the term 'habitat of special significance' not broadly to everv'nterpretafon thereof. Prohibition in Shoreline Residential Designation vs. WAC Guidelines — Simply out. the County's reasoning for this prohibition 3 that! state guidance documents about siting fnfsh agua culture recommend avoiding d residential " d21 Public Fl ed' h h PI tl d natuml resource industry meriting Protection as locally significant for Iona term commercial /recreational vAHM. The SMP Guidelines at WAC 173 -26- 211(5)(0 regarding the Shoreline Residential environment designation suggest water d commerciai us8Zdevelopment such as ffh anuaculture should in arvas - mended to accommodate residential development appurtenant structures, public access and recreational uses. The County mnsaered Ins eu tlonce in deliberating the issue of visual /aesthetic impacts along with technical information from documents including the AauarcultureSiting Study (EDAW /Ecology 19861 and Use Confl tts and Floating Aauaculture in Paper Sound (Boyce /EmloV 19884 The Counoi also considered the strong Public sentiment that many shoreline homeowners especially those on parcels zoned Rural Residentol with one Unit Der 5 acres (RR 151, do mt want am fnfsh aauaculture'rrexi done or in their 'front yard' be cause of the likelihood of sienfcantyisual aesthetic odor and nose impacts. Therefore to minimize conflict between incompatible uses, all finfish aPaculture(both in- water and upland) use/development is prohibited "n Shoreline Resitlen['al tles mated fiorellnes in Jefferson County No[e that as a oral community not all shorelines alone residentially zoned parcels have been designated Shoreline Residential. Most shoreline ar with RR 1:10 and RR 1:20 zoning are mos tly designated as Conservancy M1 [ f f h alt Itlbe Prohibited and upland f f h aquaculture would b II tl with adiscfetlonaryCUP. The 'tl tial densities in such areas reftws the Potential for conflict between incompatible use Further. the N identifies h£ naturaJ resowce iands (' d' lands) to the M1 d economic vstakm� REVISED 71A2013 Page 21 aJ25 Final Response ro ECOIWY. Finfrsh Aquuculrure compatibility between natural resources and other ad'acenc uses These broad communityvalues are reflected innumerous land Use and Rural Goals and Policies, mcludine but nor to LNP 12.2 (w, 3- 58) Natural m ce -based industries may be located near the agricultural forest, numeral. or aculture resou cce lands upon which they are dependent L . NP 1331ce 3- 591 Work with industries to achieve compliance wim all applicable regulations to Protect environmental values and to Protect surrounding land uses. W P13.4 foe 3 -59) Ensure that land use activities ad acenl to resource lands are sited and designed to minimize cordial with resource management activities. MIS 19R (ce 362) Ensure that development is accom pushed In a manner which Protects the long - term bab'tablty historically sgnfcent areas and natural beauty of Jefferson County. G201 3- 1 residential d d development intensities that the character of rural areas Vold intefference with resource la nd uses a na minimize impart upon environmentally sensitive MP 22.2 (p¢ 3661 Foster sustainable natural resource da5ed industry in rural areas through the conservation of forest lands agricultural lands, minera I lands and aouaculture lands In order to Provide economic e and employment opportunities that a consistent with rural cha ratter. Resources Mugiculture and Designation of Aguaculture Resources Although the Growth Management Act does not specifically include aouaculture lands as natural resourve lands reou r ne Protection and conservation Jefferson County has elected to do so In recognition of the t of commercial a It t the local tl The following dessanated as olancultural 1-ands of Co mmersial Significance accordance with the classification and desieation Of Agricultural and as discussed above: • Upland finfish hatcheries' and • Commercial shellfish beds and their upland facili ties. and Use CompadbTty Strategies B.11 Adopt guidelines and standards for Apuaculture Best Management Practices and 3.125u000rt the Right to Practice Aguaculture provision of the Interim Agricultural Lands OrdLnamoue as adopted in the final ordinance thfoueh a process that includes notice d oe to title for ad prom owners. Other Include: • Encouraging of shellfish beds not designated as lone term commercially significant to participate en the Aer cultural ands of Local Significance Pmera mL • Designating new upland f nPSM1 hatcheries as AmIcultural ands pf Lone Term Commercial Significance • Cassfvne drainage barns of aouaculture lands where the landowners undertake conservation measures Providing Public benefit in the Open Space Tax program 'and, • Protecting fi rshand shellfish habitat areas from incompatible adjacent uses There 's on theme that other useldevelopment(such as residential) should accommodate and be adaptive to void conflict with atoal resource use /development. However even with this clear support for ap uaculturethe Como Plan makes near that the community sees distinct difference between types of aouaculture use /development with commercial shellfish beds /facilities REVISED 7192013 Poge12 f25 Firwl Response to Ecology: FinjsF Aaupmtture d upland f f nhatcheries as strongly supportetl but not including net Pens (in-water fnfsh anoaculturel in the same oateeoni. This is made evident by APPaculture Resources Policy. NRP 116Ipg a 401 Net Dens which are not de: mated resource lands shall be regulated under the Shoreime Management Master Program under regulations for aouaculture activities. Such regulations will W updated d the SMMP revision for consistancy with the Comprehensive Plan. The Plan will then be a w mended to'nroonite the SMMP as n element of the Comorehen ve Plan Until the revised SMMP is adopted, n tP tent with other Counti ordinaricis, the more restricive provision shall apPlY Also evident is the'mportance of Protecting the beauty and aestheticamenities afforded by the natural mcources of the area as reflected by the following Como Mr goals aiM Pak ties (DR 3 611 PreseNe rural charaUer and Promote rural lf n ra r" is defn db lmal rural Ifestvle opportunity to live a nd work in rural areas local rural visual landscapes . resource roduQVty environmental Duality, and significant areas of open and termhabitab'i h' II nifi In conclusion, Prohibiting water oriented commerciat /tl f f n aguacultUre from Shoreline Residential designated areas, and treating water finfish aouaculture differently than other hoes of ag uaculture use/development in JeffFrson County is consistent with Public d sugponed b the goals and policies embodied In the Comprehensive Plan. Implementation of Article "(General Regalations for II ) requires a -'f f / b ' h tl Article 82E12fFTfsh Regulations — Visua l Qual ltvl requires a Visual lmoaas Assessment for eight siting and design fables identified b the 1986 AOU culturest ng Stutiv The County relies on the methodology described therFm per Finfish ftRulanoli that f -- ilmstratjve - referring to the ab mentioned entioned studies/reuor6 ftsmetnodoloovincludes tFchnca terminology such as of of t of 'foreshortening' Th CounW does nut 2MRIGY staff with expemse in visual impacts for the purposp of administaring these n the County would rely on experts retained by the applicant omfes nal npu4fmm rta(e /federal lewasa management e antl as needed, third party review by hired consultants. Distinction Between Commercial Net Pens vi Restoration/Enhancement Efforts —TM1e CoantvztroneI suppolts restoration and enhancerrent effortsamed at re fnaE t ksintne PU et SOUntl n In considering the defntion for 'in water fnfish aouaculture 'the County clarifies that any region. fish rearing structores in the water that m he definition f'watershed restoration pro elA' Per RM 8908460' t E e 'in water f f M1 It The Co unnit relies ' C REVISED ] -19 -2013 Poge 23 of 35 Final Response to Emlogy. Finf6h Aquaculture statutory definitions for activities that are 'primarily designed m... enhance the fishery resource available far use by all of the citizens of the state' and that are part of an authorized 'watershed restoration plan' developed/sponsored b federal rb z local jurisdictions conservation d"strcts that has undergone SEPA and public review. Such use /development would be reviewed under the Article 7.7 Restoration l and other applicable seanns of the Proeram(e.g. Article 6.1.B NO Net LOSS and Mitigation), allong with SEPA and require a Hydraulic Project Approval from W OFW. The W uniy recognizes many Public YII exiSt regarding the "k and pOtential impacts related t water f'nfish av culture ouch as Biodeoosim —food and feces: Chemical BSe - Pesticide: pharmaceuticals etc Disease - bacteria viruses, Parasites - sea lice. Escapement - GMOS breed /compete with natives: and Impacts to Puget Sound — dielaived owl shellfish beds, forage fish, kelp & mammals, ongoing restoration efforts. That all risks or possible risks related to in water finfish aouaculture cannot be eliminated or remedied is not zuRC ent reason to adapt a Master Program wh'e'h includes a prohibition on in water finfish aouaculture because such a use Is a Preferred use in the regulatory scheme established by the SMA. However the County has conducted additional review of available technical information and consulted with experts in the fields of fish health, water oualhv permitting escapement and genetics and commercial and enhancement net Den ceraYOns. This further consideration of the complex Issues related to in -water finfish aouaculture has allowed the Couny to conclude that such a limited allowance with reliance on the existing regulatory reguiraments Of multiple state and federal agencies jS a rea5on4ble and adequate approach to striking ball between outright Prohibt on aiW across the board allowance. Acing from Emlpgv's resoonu the County conducted further investigation in greater detail of available science in opposition of and opposition n to finfish aouaculture with social focus water operations such as net pens The Fnfsh Bibliography Induces some 125 documents including peer- reviewed ioumal articles. state and federal aeen polity and technical guidance permit samples from existing Puget SOUnd net Den operations, Shoreline Master Programs from other Puget Sound iunsdittlons. a oroerammatic EIS document and other sources of pertinent information. The Bibliography Includes documentation submitted during formal Public w ment and const it utes a representative sample of the available science. The Bibliography contains recently ubl'shetl "current" science Such as the Eebruan 2011 report of Michael Price et oL on avenile salmon runs. REVISED]- 192013 Fnge 24 of 25 Final Response to Ecology. Finfuh Aquamtture RecentcorrespandeA0 from Ecolmy to the NorthwestStraftsCamnussion(Septerakr 2011 clarif st at the State relies primarily on key documents such as the 1966APuacultu®Sitino 5Ndv and Guidelines. and the 2002 NOAH Technical Memo #53. The COuntv has considered these same sources of information and others from that era (i.e. 1988 Use Confcts Sfudv 1990 Final Pfoorammatic EIS 2001 NOM Technical Memo N but also relies on more current scene from the 2003 -2011 era . The h the SMP balance h I' with adeguate protection of the The SMP Guidelines IWAC 1861 reQuire thath ti did tl ensure "no net loss fecolo If unction ". Further. the Guidlines WAC 1732SL1 t when less is known the SMP rake am more Protective approach to avo E unanticipated unnattsrand to reasonably h h I' tl M1 Th f h County Concludes it has no choice Out to err at this time on the side of caution and protection while determ'n'e which locations paid be sutableforlhis preferred use. The COPPN believes the science tictares that'nwater Wish aouaculture including her tens must be l'mted The County trotoses to mod'N the LOCOIN Aaoroved SMP as indicated in the document to include these provisions as a matter of legislative discretion and after a "reasoned, objective evaluation of the relative Brits of the confficting data" wilacted by this County as is al ed Per WAC 173 26 201 RWuEO l -19 -2013 Pape2SOf25 Firwl RWs Pes to EmloOK Finfhh AquOCUhure ! I! '05 )) \ } \} } } \ \ \ \ \} } \ } \ \ \ \} Sind,) J, ae eve, l I A DDD a. � ...�... =dM NP]ff ColltN, IVIhilgtlll SNIP 2011 �_i NE Jeffco ,Cooly, Wa 6mgluu SNIP Nil yr_e - >tit, 2 \ . . BBIt