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HomeMy WebLinkAboutNo Net Loss Biological ReportNo Net toss Biological Report for the Jamestown S'Klallam and Port Gamble S'Klallam Tribe's Dabob Bay Shellfish Farm Prepared by The Point No Point Treaty Council for The Jamestown S'Klallam and Port Gamble S'Klallam Tribes April 17, 2017 APR 2 8 JEFFERSON COUNTY DCD Summary As part of the review process for Case #MLA -17-00003, the Jefferson County Department of Community Development requested a No Net Loss (NNL) Biological Report for the shellfish aquaculture activities being proposed by the Jamestown S'Klallam and Port Gamble S'Klallam Tribes in Dabob Bay. The standard of "No Net Loss" of ecological functions was established by the Washington State Legislature in the Shoreline Management Act (SMA) of 1971 and is implemented through a framework outlined in Jefferson County's Shoreline Master Program (SMP). Proposed actions meeting criteria assigned to shoreline development activities by the SMP necessitate the submission of a NNL report. Only a portion of the aquaculture activities being proposed by the Tribes meet these criteria of new shoreline development: the use of suspended oyster tumble culture bags on an intertidal area not to exceed 10 acres. However, this report provides an analysis of the proposed aquaculture activities in their entirety and will demonstrate that the project design will achieve NNL of ecological functions in the project area. Project Location and Current Conditions The project area is located on two Washington State Department of Natural Resources (DNR) aquaculture leases (#20-A11121 and #20-A1128) on the east side of Dabob Bay, Hood Canal (Figure 1). The lease boundaries fall entirely within the intertidal zone and thus no project actions are proposed in upland areas, including any nearby wetland habitats. The tidelands are relatively flat with a maximum slope of approximately 2%. The northernmost 25 acres of tidelands (North Lease) are composed of cobble substrates in the upper intertidal zone and transition to undulating sand/silt substrates at lower tidal elevations. Both native (Zostera marina) and non-native eel grass (Zostera japonica) is interspersed in the lower intertidal of the North Lease. The southernmost 35 acres of the project area (South Lease) shows more variation in substrate types with a gravel sand mixture near the southern boundary and larger cobbles near the northern boundary. A large bluff near the midpoint of the South Lease collapsed in the mid -1990's resulting in a large fan-like deposit of sediment onto a portion of the tidelands. Both native and non-native eel grass beds are interspersed in the lower intertidal of the South Lease. Prevailing and predominate winds are from the southwest and net sediment transport is from south to north as evidenced by Long spit to the North of the leases. However, the fetch is of relatively low intensity compared to other areas within Hood Canal (Johannessen and MacLennan 2007). Both leases have been used for production of Pacific oysters (Crassostrea gigos) and Manila clams (Venerupis philippinarum) for several decades. Numerous oyster reefs are established within the project area and several thousand dozen oysters of harvestable size are present. In addition to Pacific oysters and Manila clams, shellfish species present in the project area include butter clams (Saxidomus sp.), native littleneck clams (Leukoma staminea), geoduck clams (Panopea generosa), Olympia oysters (Ostrea lurida), red rock crab (Cancer productus), and Dungeness crab (Metacarcinus magister). Finfish species known to occur in the project are include Pacific sand lance (Ammodytes hexapterus), surf smelt (Hypomesus pretiosus), Northern anchovy (Engraulis mordox), and chum (Orichorynchus keta), pink (0. gorbuscha), coho (0. kisutch) and Chinook salmon (0. tshawytscho). Representative bird species present include Common murre (Ursa oalge), Western grebe (Aechmophorus occidentalis), great blue heron (Ardea Herodias), Bald eagle (Halioeetus leucocephalus), and Golden eagle (Aquila chrysoetos). Marine mammal species present include: Dall's porpoise (Phocoenoides dolli), harbor seal (Phoca vitulina), and Orca whales (Orcinus orca). The project area is bound by a DNR Natural Area Preserve to the north and the East Dabob public tideland to the south. The uplands to the east of the project area are in a mixture of State and private ownership. The majority of the home sites near the project area are used as seasonal, recreational properties. In addition to the project area itself being under sustained commercial shellfish production for many decades, there are numerous other commercial shellfish farms in the greater Dabob Bay area. Project Description The purpose of this project is to produce shellfish to sell for human consumption. Secondarily, the Tribes need to supplement Treaty harvest of wild shellfish with aquaculture production in light of increasing harvest pressures and poor water quality at many public tidelands. In order to achieve these goals, the following farming methods will be used (Figure 2): On -Bottom Beach Oysters (Up to 25 acres) are oysters which are raised on tidal beaches with muddy, sandy or rocky bottoms. Seed oysters (<V) are distributed over the substrate and covered with mesh predator netting. The netting is typically removed within 90-120 days when the oysters reach a larger size. Nets will not be used on more than two acres at any one time. Weather and UV exposure cause nets to degrade quickly so nets will not remain on the beach longer than necessary. Most of the on -bottom beach oysters will be growing freely on the substrate with no need for equipment. Oysters grow out for approximately 14-24 months, then are harvested by hand and placed into oyster harvest bags. Oyster harvest bags are containers that can be lifted onto a vessel like a crab pot. Surplus harvest will be brought to the deeper areas of the parcels void of Zostera marina, where it can be retrieved by vessel at high tide. This will reduce the number of low tides workers will be present on the beach between harvests. On -Bottom Flip Bags (Up to 25 acres) will be used to grow oysters in mesh bags which are attached to a line and anchored to the substrate with helical screw anchors. Oysters will also grow out for either 14 months in the bags or be spread onto the beach after reaching a larger size. Suspended Tumbled Oyster Culture (Up to 10 acres) will be used to grow oysters in mesh cages or bags. This suspension method is usually done horizontally and staked about one to two feet above the bottom in an intertidal region. Tumbled oysters are raised in bags with floats on them and are periodically tumbled with normal tide exchange. This strengthens their shells and adds firmness to the meat. It also adds a distinctive look to the shell as it becomes smoother from tumbling. Manila Claris Farming Methods (Up to 5 acres) Seeding of manila clams will take place throughout the property on gravel substrates at an elevation between one to five feet elevation. Seed will be spread on an incoming tide and will be covered with predator netting. Figure 1. Map of the project area including coordinates of lease boundaries. Figure Z. Approximate distribution of proposed farming methods. Analysis of Potential Impacts and Best Management Practices The Washington State Department of Ecology defines "no net loss" as meaning that no significant adverse impacts to pre-existing ecological functions shall occur as a result of the proposed shoreline development actions. Specific ecological and social impacts that may occur as a result of inter -tidal shellfish aquaculture projects such as those in the proposal include: a Alteration of habitat or habitat features a Alteration of hydrologic conditions • Degradation of water quality • Substrate disturbance from installing posts, piles or other structures ■ Impairment to public use and navigation A discussion of each of these impact categories and the associated management practices to meet no not loss standards is provided below. All of the management practices described herein either meet or exceed the programmatic conditions established in the Army Corps of Engineers' Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters (ACOE 2016). Alteration of habitat or habitat features Two key species present in the project area that are vulnerable to potential habitat alterations are Pacific sand lance and native eel grass. a Pacific sand lance spawning habitat Washington Department of Fish Wildlife's forage fish database indicates the presence of Pacific sand lance spawning habitat within the project area. Research on sand lance spawning in nearby Admiralty Inlet indicates that the majority of sand lance egg deposition occurs above the +5 foot tidal elevation (Miller and Cantelow 2016). In order to avoid potential impacts to Pacific sand lance spawning success in the project area, no shellfish culture activities will occur above the +5 foot tidal elevation (Condition 7; ACOE 2016). a Eel grass beds Both native eelgrass and non-native eelgrass are present on the leased tidelands in proximity to the proposed oyster tumble bag area. Eelgrass is a crucial marine vegetation providing many ecosystem functions. No areas new to shellfish activities will be used for farming, but the Tribe has consulted with DNR's stewardship department and will be ensuring that any aquaculture activities are consistent with DNR's Protected Natural Area program and the Dabob Bay reserve. In July 2016, the PNPTC performed a shellfish population survey and at that time Z. marina was observed and an estimated delineation was noted. Z. japonica was also present, but at a slightly higher elevation. Aquaculture activities will avoid eelgrass patches with three or more plants/turions. Though it is allowable under NWP 48 to farm in fallow areas with eelgrass, long lines will not be used within eelgrass areas in order to prioritize the ecological value of eelgrass to the bay and greater marine environment. Oyster farming efforts will be adapted to limit interaction with eelgrass. No activities will take place within a 16 foot buffer of eelgrass patches of three plants/turions or greater (Condition 5; ACOE 2016). Additionally, boats used to access the project area will not beach or anchor in eel grass beds and foot paths will not be established through eel grass (Condition 25; ACOE 2016). Alteration of hydrologic conditions Oyster reefs and aquaculture gear may modify hydrologic conditions in intertidal areas by slowing and redirecting water flow. However, these changes in water flow patterns have been shown to have some positive ecological impacts (Scyphers et. al 2011). For example, oyster reefs are considered important and valuable structures in the intertidal zone by providing predator refugia and feeding areas for juvenile fish (Dumbauld et. al 2009). Moreover, suspended oyster gear has been shown to foster higher species richness and diversity than vegetated and non -vegetated sea beds (Dealteris et. al 2004). The proposed project will maximize the ecosystem benefits provided by oyster reefs and suspended aquaculture gear while avoiding negative hydrologic impacts associated with other shellfish aquaculture methods. Specifically, the following conditions outlined by the ACOE (2016) will be met: No vertical fencing or nets will be used (Condition 34). No berms or dikes will be constructed (Condition 35). Dredging or creating channels to redirect fresh water flow will not occur (Condition 41) Degradation of water quality The filter -feeding activities of bivalve shellfish such as oysters and clams have been shown to have a positive impact on water quality (Daumbald and McCoy 2015). However, some activities associated with shellfish aquaculture pose a threat to both short-term and long-term water quality. In order to avoid potential negative impacts to water quality, the proposed project will adhere to the following conditions outlined by the ACOE (2016): On site fueling of boats (if necessary) will be done using an Environmental Protection Agency (EPA) -compliant portable fuel container 5 gallons or smaller at a time during refilling. An appropriate spill protection pad and a funnel or spill -proof spout will be used to prevent spills. A spill kit will be available and used in the event of a spill. All waste oil or other clean-up materials contaminated with petroleum products will be properly disposed of off-site (Condition 14). No toxic compounds including creosote, wood preservatives or paint will be used in the project area (Condition 16). No pesticides or herbicides will be used (Condition 46). Substrate disturbance To minimize substrate disturbance, helical anchors will be used secure all bags, lines and nets. A schematic of the anchor use is provided in Appendix A. Other best management practices that will be employed to minimize substrate disturbance are as follows: No mechanical harvesting (e.g. dredging or harrowing) of oysters will occur. No installation of piles, mooring buoys, ramps, or docks will occur (ACOS 2016; Conditions 36, 37 and 39). Impairment to public use and navigation A comprehensive Visual Impacts Analysis (VIA) has been conducted by the project applicants and provided to Jefferson County. However, other aesthetic impacts (e.g. gear loss and debris) associated with shellfish aquaculture were not specifically addressed in the VIA. in order to prevent negative visual and ecological impacts associated with the use of aquaculture gear, the proposed project will adhere to the following conditions established by the ACOS (2016): All culture bags and antipredator nets will be clearly and permanently marked to identify the permittee name and contact information. Predator nets will have, at a minimum, one identification tag for each 50 feet of net (Condition 17). All culture bags and antipredator nets will be tightly secured to prevent them from breaking free (Condition 18). Any foam -based floats or buoys will be encapsulated within a shell that prevents breakup or loss of foam material into the water (Condition 19). No materials that lack structural integrity in the marine environment (e.g., plastic children's wading pools) will be used (Condition 45). No unsuitable materials (e.g., trash, debris, car bodies, asphalt, tires) will be used on the project to secure nets or delineate boundaries (Condition 4). At least once every three months, the project area will be patrolled for the presence of any dislodged gear (Condition 21). The tenure of the project area tidelands as shellfish leases predates the construction of residences on the adjacent uplands. From the perspective of adjacent upland property owners, the proposed project likely represents a continuation of past activities; it would not constitute a change in status of the tidelands and it would not impose any new usage restrictions. The proposed project will not likely present a significant impediment to navigation. Oyster tumble bag support posts and suspension lines will be suspended no more than approximately three to four feet above the substrate, will extend no more than approximately 500 feet from the high tide line, and the bags will be clearly marked with buoys. Oyster flip bags will stand no more than approximately two feet above the substrate and extend no more than approximately 500 feet from the high tide line. The placement of anchors, oyster bags, and suspension lines within the intertidal zone will be consistent with industry standards and with existing operations in Hood Canal. Adherence to these standards is meant to minimize potential interactions between the proposed activities and recreational boaters following normal operating procedures. Monitoring The PNPTC is currently conducting research projects assessing ecosystem services of intertidal aquaculture projects and the impact of climate change stressors in Hood Canal estuaries. Sampling of water quality indicators (e.g. temperature, dissolved oxygen, salinity and pH) is planned to occur within the proposed project area (PNPTC 2016). In addition, an observational study is planned to examine biotic responses to aquaculture gear (Miller 2016). These studies will be conducted with guidance from the EPA and DNR's stewardship program and provide time series data on any potential biotic and abiotic changes within the project area. References U.S. Army Corps of Engineers, Seattle District (ALOE). 2016. Programmatic Endangered Species Act (ESA) and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Specific Project Information Form for Shellfish Activities in Washington State Inland Marine Waters Version: September 2016. Dealteris, J.T., Kilpatrick, B.D., and Rheault, R.B. 2004. A comparative evaluation of the habitat value of shellfish aquaculture gear, submerged aquatic vegetation and a non -vegetated seabed. Journal of Shellfish Research 23 (3): 867-874. Dumbauld, B.R. and McCoy, L.M. 2015. Effect of oyster culture on sea grass (Zostera marina) at the estuarine landscape scale in Willapa Bay, Washington (U.S.A). Aquaculture Environment Interactions 7: 29-47. Dumbauld, B.R., Ruesink, J.L., and Rumrill, S.S. 2009. The ecological role of bivalve shellfish aquaculture in the estuarine environment: A review with application to oyster and clam culture in West Coast (U.S.A.) estuaries. Aquaculture 290: 196-223. Johannessen, J. and MacLennan, A. 2007. Beaches and bluffs of Puget Sound. Puget Sound Nearshore Partnership Technical Report 2007-4. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Miller, S.E. 2016. Ecological monitoring of intertidal spawning forage fishes in Hood Canal and Admiralty Inlet. Research proposal submitted to the Environmental Protection Agency. Point No Point Treaty Council, Poulsbo, Washington. Miller, S.E. and Cantelow, V. 2016. Indian Island forage fish monitoring. Technical Report PA- 00J322-01-16. Point No Point Treaty Council, Poulsbo, Washington. Point No Point Treaty Council (PNPTC). 2016. Climate change adaptation initiative 2016: PNPTC stream modeling and pilot estuary vulnerability assessments. Research proposal submitted to the Bureau of Indian Affairs. Point No Point Treaty Council, Poulsbo, Washington. Scyphers S.B., Powers, S.P., Heck, K.L. Jr, and Byron, D. 2011. Oyster reefs as natural breakwaters mitigate shoreline loss and facilitate fisheries. Plos One 6(8): e22396.https:Hdoi.org/10.1371/journal.pone.0022396 Appendix A—Anchoring Helical anchors will be used to secure all anchor lines for oyster flip bags and all suspension lines for oyster tumble bags to the substrate. This is in accordance to JCC 18.25.440 (4)(e)(x) which reads: (x) Aquaculture uses and developments that require attaching structures to the bed or bottomlonds shall use anchors, such as helical anchors, that minimize disturbance to substrate. Schematics showing the planned use of helical anchors have been provided below. Flip Bag Anchoring Bags manually flipped at low tide R Enlargement showing helical anchor In substrate Enlargement showing helical anchor in substrate Enlargement of helical anchor Appendix B. Mapping of Existing Eelgrass Both native eelgrass (Zosters marina) and non-native eelgrass (Zostera japonko) are present on the leased tidelands in proximity to the proposed oyster tumble bag area. In 2016, the extent of native eelgrass on the leased tidelands was mapped and the findings were discussed on-site with DNR's tidelands stewardship coordinator. Eelgrass was also addressed in the SPIF that the tribes submitted to the Army Corps. Items 15 and 16 of the SPIF and the tribes' responses have been copied below. 15. Vegetation: Are vegetated shallows (e.g., native eelgrass or kelp6) present in the -vicinity? Yes: YES_ _ Nk If yes, please briefly describe the location, distance to the project area, and approximate density m or adjacent to the project area Eelgrass is a crucial marine vegetation providing many ecosystem functions. Several species require eelgrass to thrive. No areas new to shellfish activities will be used for farraiug, but the Tribe has consulted with DNR's stew and hip department and will be ensuring that any aquaculture activities are in line with DNR's Protected Natural Area program and the PAb2LBay reserve. In July 2016, the PNPTC performed a shellfish population survey at that time ZZE=marina was observed and an estimated delineation was noted ZzEWaJaponica was also present, but at a slightly higher elevation_ Aquaculture activities will avoid eelgrass patches with three or more plants/turions. Though it vas deemed allowable to farm in tallow areas with eelgrass, long lines will not be used within eelgrass areas to prioritize the ecological value of eelgrass to the bay and greater marine environment. Oyster farming efforts will be adapted to limit interaction with eelgrass. No activities will take place within a 16 foot buffer of eelgrass patches of time plants/turions or greater. A map has been created delineating estimated eelgrass presence. See project drawings. If native eelgrass is present within an area new to shellfish activities, the eelgrass will be delineated and a map or sketch prepared and submitted with this form. Surveys to determine presence and location of eelgrass will be done during times of peak above -ground biomass: June -September- The following information must be included to scale, parcel boundaries, eelgrass locations, and on-site dimensions, shellfish activity locations and dimensions. Guidance on delineating eelgrass is available in the Seattle District's Components of a Complete Ealgrass Delineation and Characterization Report (May 2016)7. 16. Fallows Areas with Eelgrass in Puget Sound and Hood Canal: In fallow areas that have been colonized by eelgrass in Puget Sound and Hood Canal, no shellfish activities meet the requirements for this programmatic consultation except for the use of oyster long lines (including lines with flip bags) spaced laterally at 10 ft. intervals. See programmatic condition '30' below for additional details a. How many fallow acres with eelgrass are proposed to return to shellfish activities? Zero The tribes' plan to protect eelgrass within the lease boundaries was accepted by the Army Corps and allowed for their issuance of a NWP 48 for the tribes' proposed aquaculture activities. A revised drawing showing the 16 foot buffer that will be observed between native eelgrass and proposed shellfish aquaculture activities has been provided below (Darwing 1). A second drawing (Drawing 2) has also been provided showing the extent of both native and non- native eelgrass on the leased tidelands.