HomeMy WebLinkAbout03 0524 10
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STATE OF WASHINGTON
County of Jefferson
In the matter of a
Moratorium on new Mooring
Buoy's in Mystery Bay
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Ordinance # 03-.D52i;-1 J
The Jefferson County Board of County Commissioners enters the following findings of
fact:
1. On November 23,2009 the Board of County Commissioners placed a moratorium on
submitting applications for new mooring buoys in Mystery Bay per ordinance #10-1123-
09.
2. As provided for in State law a moratorium may be effective for up to six months if a
detailed work plan is prepared for remedying the issues and circumstances
necessitating the moratorium, and may be renewed for two six month periods.
3. The Mystery Bay Management Plan envisioned by tribal, state and local
governments to address the concerns with commercial shellfish harvesting in Mystery
Bay has been completed by the stakeholder group.
4. The Management Plan establishes objectives for Mystery Bay to:
. maintain the approved classification of the Mystery Bay shellfish growing area.
. implement permitting and enforcement measures to ensure the number of
mooring boats remain below the marina threshold.
. minimize or eliminate transient anchoring in Mystery Bay, outside of the State
Park.
. establish a Voluntary "No Anchor Zone" in Mystery Bay, outside of the State
Park and direct transient boaters to the State Park.
. monitor mooring buoy usage and transient anchorage in Mystery Bay to
determine if marina thresholds are exceeded.
. provide immediate notification to the DOH when boat numbers exceed marina
threshold levels.
5. On March 1, 2010, Jefferson County submitted a Locally Approved Shoreline Master
Program to the Washington State Department of Ecology for review and approval
consistent with legal guidelines.
6. The Locally Approved Shoreline Master Program provides new policies and
regulations pertaining to the placement of mooring buoys throughout Jefferson County
that are consistent with the National Shellfish Sanitation Standards.
7. On April 20, 2010 the Washington State Department of Ecology conducted a public
hearing on the Jefferson County Locally Approved Shoreline Master Program.
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8. The Mystery Bay Management Plan provides various benchmarks to measure the
effectiveness of the plan and provides for adaptive management techniques should the
plan be unsuccessful.
9. The Washington State Department of Health reclassified part of the Mystery Bay
commercial shellfish growing area from Conditionally Approved to Approved on March
25,2010.
10. On May 17, 2010 the Jefferson County Marine Resource Committee was issued a
Jefferson County shoreline substantial development permit exemption to install seven
marker buoys to identify the voluntary "no anchor zone" and to manage transient vessel
moorage called for in the management plan.
WHEREAS, Jefferson County continues to participate in the stakeholders' group of
agencies, tribes and shellfish growers in order to prevent any commercial shellfish
closures of Mystery Bay; and
WHEREAS, the Mystery Bay Management Plan is one element of the work plan for the
stakeholders group; and
WHEREAS, the Mystery Bay Management Plan has weighted the competing interests
for using Mystery Bay including the evaluation of mooring buoy placements; and
WHEREAS, permitting additional mooring buoys in Mystery Bay may exacerbate
problems associated with over use of the bay and lead to potential shellfish closures
pending adoption of a new Shoreline Management Master Program which incorporates
the National Shellfish Sanitation Standards; and
WHEREAS, it is in the public interest to protect commercial shellfish harvesting in
Mystery Bay;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Jefferson County as follows:
SECTION 1. A moratorium is placed on submittals of shoreline permit applications to
the Jefferson County Department of Community Development for placement of mooring
buoys in Mystery Bay, except when: 1) the state Department of Health notifies the
Jefferson County Shoreline Administrator that movement or placement of a mooring
buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the
Jefferson County Shoreline Administrator determines that an application for the
movement or placement of a mooring buoy must be accepted and reviewed by
Jefferson County in furtherance of an adopted Mystery Bay Management Plan.
SECTION 2. Pursuant to the provisions of ESHB 1379 which amends and adds
sections to Ch. 90.58 RCW, the Shoreline Management Act, this moratorium does not
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affect any lawful mooring buoys in place at Mystery Bay on or before the date this
Ordinance becomes effective.
SECTION 3. Severability.
If any provision of this ordinance or its application to any person or circumstance is held
invalid, the remainder of the ordinance, or the application of the provision to other
persons or circumstances is not affected.
SECTION 4. The work plan is hereby incorporated by reference, see Attachment A.
SECTION 5. Effective date.
This ordinance shall take effect immediately after passage and shall remain effective for
six months or until repealed by the BOCC.
APPROVED AND ADOPTED this 24th day of May, 2010
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JEFFERSON COUNTY
BOARD O~COUNTY COMMISSIONERS
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Davia SulllVi:m, Chair
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ATTEST:
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Erin Lundg'ren J U
Deputy Clerk of the Board
John Austin,'Member
APPROVED Ai' TO FORM:
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David Alvarez j
Deputy Prosecuting Attorney
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Attachment A
Workplan
Issue: The issue is the threat of closure of shellfish harvesting in Mystery Bay because of too many boats
anchored or moored near shellfish beds.
Strategy: Continue collaborative efforts between tribal, federal, state and local governments, including
the public that implements the objectives of the Mystery Bay Management Plan.
Calendar of events:
November 23, 2009
March 1,2010
March 2S, 2010
April 20, 2010
May 23, 2010
May 24, 2010
June 17, 2010
July 2010
November 24, 2010
Six-month Moratorium on mooring buoys was placed by BOCC for a period of 6
months.
Jefferson County formally submits the Locally Approved Shoreline Master.
Program (SMP) to Washington State Department of Ecology (DOE).
The State Department of Health reclassified the commercial shellfish growing
areas in Mystery Bay from conditionally approved to approved.
Washington State Department of Ecology (DOE) conducted a public hearing on
Locally Approved Shoreline Master Program at Fort Worden State Park.
Six-month Moratorium expired.
Second six-month Moratorium is placed by the BOCC for a period of 6 months.
Stakeholder's group meeting at the Point No Point Treaty Council conference
room in Hansville.
Board of County Commissioners adopts the Mystery Bay Management Plan.
Second Moratorium is lifted or extended depending on status of SMP.
The remedy of the issues and circumstances:
The moratorium is effective from May 24, 2010 through November 24, 2010 and could be extended for
a final six month period and/or to the date that Ecoiogy approves the SMP. Once Ecology approves the
new SMP and Jefferson County enacts the SMP locally, the moratorium would be lifted and applications
for mooring buoys would be processed under the new SMP to a decision point of approval or denial.
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
FROM:
Board of County Commissioners
Philip Morley, County ~Finistrator
AI Scalf, DCD Direct~~
May 24, 2010
TO:
DATE:
SUBJECT: MYSTERY BAY MOORING BUOY MORATORIUM
STATEMENT OF ISSUE:
This Agenda Request is for a second six month moratorium on accepting applications for mooring buoys in
Mystery Bay. This moratorium is needed in view of the pending adoption of the Locally Approved
Shoreline Master Program which includes policies and regulations consistent with the National Shellfish
Sanitation Program
ANALYSIS/STRATEGIC GOALS:
The legislature amended the shoreline management act last year to recognize the fundamental role and value
of properly exercised moratoria while recognizing the legitimate interests of existing shoreline related
development. In using a moratorium the local government shall provide a work plan outlining the goals for
remedying the issues and circumstances necessitating the moratoria. During the past year a management
plan has been developed as a unique model to help resolve multiple use conflicts in a manner that may have
a broad application throughout Puget Sound.
FISCAL IMPACT:
The Jefferson County costs associated with this program including developing the moratorium, participation
in the formation of the management plan and the on going monitoring ofthe activities within Mystery Bay
are accounted for in the adopted 2010 budget at the Depatment of Communtiy Development.
RECOMMENDATION:
Staff recommends the BOCC approve the moratorium.
REVIEWED BY:
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Philip Morky, County Mmmistrator
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Consent Agenda
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator
FROM:
AI Scalf. Director of Community Development
DATE:
June 28, 2010
RE:
Public Hearing on the Mystery Bay Mooring Buoy Moratorium
STATEMENT OF ISSUE:
This agenda request is to notify the pubic of a hearing on the moratorium enacted by the
Board Of County Commissioners on May 24, 2010 in regards to locating new mooring buoys
in Mystery Bay. A moratorium is effective for a period of six months.
ANALYSIS:
This moratorium was authorized by the Board of County Commissioners in view of the
development of a management plan for Mystery Bay to maintain commercial shellfish
operations as certified by the State Department of Health. According to state law a public
hearing is required within 60 days of the enactment of this interim measure.
FISCAL IMPACT:
The staff work utilized in order to prepare the public notice, the cost of the public notice and
the staff time spent administrating the moratorium are covered by the annual approved
Department of Community Development budget.
REVIEWED BY:
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TO: Port Townsend Leader
LEGAL NOTICE
Please publish one (1) time: Wednesday, June 30, 2010
BILL:
Jefferson County Department of Community Development
621 Sheridan St
Port Townsend W A 98368
Attn: Rose Ann Carroll
Tel: 360-379-4450
DATE:
~onday,June28,2010
NOTICE OF PUBLIC HEARING BEFORE THE
JEFFERSON COUNTY BOARD OF CO~SSIONERS ON
A ~ORATORIUM ON PLACING NEW ~OORING BOUYS IN MYSTERY BAY
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will conduct
a public hearing in regards to a moratorium on placing new mooring buoys in Mystery Bay on ~onday,
July 12,2010 at 10:00 a.m. at the Jefferson County Courthouse Board of County Commissioners
chambers located at 1820 Jefferson Street, Port Townsend, W A 98368.
This six month moratorium was put in place on May 24, 2010 and is required by state law to have a
public bearing in regards to this ;~r wi7~ days oflbe adoption of Ibe moratorium.
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Jefferson Count)! Commission:em
Regular Agenda 10:00 am
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Adminilltrator
FROM:
AI Scalf. Direetor of Community Development
DATE:
July 12,2010
RE:
Public Hearing on the Mystery Bay Mooring Buoy Moratorium
STATEMENT OF ISSUE:
The Board of COunty Commissioners established a moratorium on May 24, 2010 In regards to
iocatlng new mooring buoys In Mystery Bay. A moratorium Is effective for a period of six
months. According to state law a public hearing Is required within 60 days of the enactment
ofthls Interim measure. Public notice of the public hearing was duly noticed In the June 30,
2010 edition of the Jefferson County/Port Townsend Leader.
ANALYSIS:
This moratorium was authorized by the Board of County COmmissioners In view of the
development of a management plan for Mystery Bay to maIntain commercial shellfish
operations as certified by the State Department of Health.
FISCAL IMPACT:
The staff work utilized In orderto prepare the public notice, the cost of the public notice and
the staff time spent administrating the moratorium are covered by the annual approved
Department of Community Development budget.
RECOMMENDATION:
Staff recommends the Board hold a public hearing. No further action is required.
REVIEWED BY:
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