HomeMy WebLinkAbout2371 Amending Ordinance 2348 - Accepting the State Department of Ecology's (DOE) Modifications to the Port Townsend Shoreline Management Master ProgramAN ORDINANCE pertaining to shoreline management, accepting minor modifications
proposed by the Washington State Department of Ecology to Ordinance 2348 which
amended the Port Townsend Shoreline Management Master Program provisions
pertaining to Aquaculture, and providing an effective date therefore.
The City Council of the City of Port Townsend finds as follows:
On April 19, 1993, the City Council enacted Ordinance 2348, amending the Port
Townsend Shoreline Master Program with respect to Aquaculture and referred the
amendments to the Washington State Department of Ecology (DOE) for review and
approval.
By letter dated August 5, 1993, DOE presented certain minor modifications to
Ordinance 2348.
The City Council finds these proposed amendments minor and insubstantial in scope
and desirable improvements to the Port Townsend Shoreline Master Program.
Now, therefore, the Port Townsend City Council hereby ordains as follows:
Section 1. Section 5 of Ordinance 2348 and Subsection 5.30 Aquaculture of the Port
Townsend Shoreline Master Program are each hereby amended to read as follows:
Del'tuitions
Aquaculture is the farming or culturing of aquatic organisms. Aquaculture encompasses a
wide variety of activities including hatching, seeding, planting, cultivating, feeding, raising,
and harvesting of plants and animals. These activities may have widely differing impacts on
the aquatic and shoreline environment. Those activities which do not meet the definition of
development in this Master Program, such as beach culturing and hand harvesting, are not
subject to the shoreline permit requirements of the Shoreline Management Act and this
Master Program. Aquaculture can be carded out in subtidal, intertidal, upland, and fresh
water areas. The subtidal area is seaward of the line of extreme low tide. The intertidal area
is seaward of the ordinary high water mark and landward of the line of extreme low tide.
The upland area is landward of the ordinary high water mark.
Intensive aquaculture development is the rearing within structures of aquatic organisms that
are fed by the operator. Intensive aquaculture developments produce wastes in the form of
feces, urine, and unconsumed feed that may affect the bottom environment and water quality.
Extensive aquaculture development is the rearing within structures of aquatic organisms
that feed on a naturally-occurring food supply.
Passive aquaculture is the non-structural cultivation and/or harvest of naturally occurring or
artificially seeded aquatic organisms that feed on a naturally occurring food supply. Passive
aquaculture may include the cultivation and/or harvest of clams, oysters, geoducks, ghost
shrimp and other organisms in intertidal or subtidal areas. Passive aquaculture may also
include measures to maintain or enhance the natural habitat characteristics necessary for
successful propagation and growth of cultivated or wild aquatic organisms. On marine
shorelines these measures could include adding gravel to shellfish beds in order to improve
shellfish habitat or creating artificial reefs. These enhancement measures would be reviewed
as passive aquaculture and be subject to the other applicable policies and performance
standards of this Master Program.,
Aquaculture is further divided into floating aquaculture, where organisms are suspended in
water by pens, nets, or lines; seabed aquaculture where organisms are cultivated and
harvested along the bed of a body of water; and upland aquaculture where organisms are
grown landward of the ordinary high water mark. For the purposes of these regulations,
accessory development such as offices, wholesale and retail sales, processing, packaging, and
product storage facilities are not considered aquaculture practices and shall be reviewed as
commercial development when conducted within the shoreline jurisdiction. Bleeding of fish
shall not be considered as fish processing if blood is collected on-site and then disposed of
upland consistent with applicable regulations.
PoHci~
The City of Port Townsend encourages aquaculture that is consistent with the City's
goals of maintaining water quality and minimizing incompatible uses.
Potential locations for aquaculture developments are limited due to factors such as
water quality, water temperature and depth, substrate, dissolved oxygen, wave action,
and, in marine water, salinity. Priority should be given to aquaculture development in
areas suitable for it, so long as those operations do not materially interfere with
existing activities or degrade natural resources.
Aquaculture developments should locate in areas where bio-physical conditions, such
as tidal currents and water temperature and depth will minimize environmental
impacts.
Potential conflicts with adjacent land uses or other uses such as commercial fishing,
recreation, and navigation should be considered in the review of proposed aquaculture
developments. Developments should not be permitted where they would materially
interfere with existing uses.
2
(Port Townsend, 8/93)
Consideration should be given to the positive or negative effects that aquaculture
developments may have on the aesthetic quality of the shoreline.
Aquaculture developments should be separated by a sufficient distance to ensure that
significant adverse cumulative impacts do not occur.
Aquaculture developments should not locate in areas where the ecological quality of
the shoreline environment would be significantly degraded.
Aquaculture developments should be designed and located to ensure that they do not
have a significant adverse impact on natural dynamic processes of shoreline formation
or change.
Aquaculture developments should not degrade critical habitat areas. Aquaculture
developments should not interfere with the migration of aquatic organisms except
where specifically intended by the design or operation of the facility.
10.
Preference should be given to locations and technologies that minimize adverse
impacts to navigation and to the ecological and aesthetic quality of the state's
shorelines.
11.
Aquaculture developments which require structures should be prohibited in wetlands
and estuaries that are natural environmental designations in this Master Program.
12.
Aquaculture activities should make minimal and appropriate use of approved
pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals.
13.
Only Federal and State approved anti-fouling agents should be used in aquaculture
developments,
14.
Established aquaculture operations should be protected from incompatible uses which
may seek to locate nearby. Demonstration of a probability that such an adjacent use
would result in damage to, or destruction of such an aquaculture operation should be
grounds for the denial of that use.
Performance Standards
Applications for shoreline permits for aquaculture developments shall provide relevant
information as follows:
ao
All Aquaculture Developments:
Applications for shoreline permits for all aquaculture developments shall
include a management plan which shall contai'n a description of:
(Port Townsend, 8/93)
Co
do
2.
3.
4.
5.
6.
o
11.
12.
Existing shoreline and bathymetric features;
Schedule of development;
Species to be cultured and their sources;
Culture methods;
Types and dimensions of structures;
Estimated pounds, numbers, or volume to be harvested per year and
maximum pounds, numbers, or volume to be cultured at any time;
Feed type and amount and feeding method, if applicable;
Types, quantities, and treatment schedules for proposed use of
pesticides, herbicides, hormones, antibiotics, vaccines, or other
chemicals.
Predator control methods;
Anticipated levels of noise, light, and odor and plans for minimizing
their impacts.
Waste disposal plan listing the types and quantities of anticipated waste
materials and proposed disposal methods. This plan shall include
mortalities, human wastes, aquaculture by-products, toxic materials,
and operational solid wastes such as feed bags and garbage.
The City of Port Townsend shall reserve the right to require additional
information as deemed appropriate.
Extensive Intertidal and Subtidal Aquaculture Developments:
In addition to lA above, applications for shoreline permits for extensive
intertidal and subtidal aquaculture developments shall include a site
characterization containing at a minimum:
Population densities and location of geoducks, hardshell clams,
Dung.ness crabs, fish, sea urchins, sea cucumbers, scallops, abalone,
and shrimp and attached marine vegetation including eel grass, kelp
beds, and macro algae.
Description of tidal current velocities and directions and the magnitude
and direction of prevailing storm winds and waves.
Intensive Subtidal Aquaculture Developments:
In addition to lA above, applications for shoreline permits for intensive
subtidal aquaculture developments shall include a site characterization and
baseline survey as required by the Recommended Interim Guidelines for the
Management of Salmon Net Pen Culture in Puget Sound, the Preferred
Alternative of the Final Programmatic EIS for Fish Culture in Floating Net-
Pens, or subsequently State approved documents.
Intensive and Extensive Upland Aquaculture Developments:
In addition to lA above, applications for shoreline permits for intensive and
extensive upland aquaculture developments shall provide a detailed analysis of
4
(Port Townsend, 8/93)
e
potential impacts to animals, plants, and water quality due to the discharge of
waste water from the development in conformance with the applicable
Washington State Department of Ecology waste water discharge permit.
Floating A~_uaculture Development:
Applications for shoreline permits for floating aquaculture development shall
include a visual assessment conforming to the Washington State Department of
Ecology's Aquaculture Siting Study and a photo or computer simulation
demonstrating the development's appearance from the nearest shore, from atop
the nearest shore bank, and from typical shore and bank-top view points if any
within 1,500 feet. Delayed release enhancement facilities which are sited in
existing marinas shall not be required to provide this information.
fe
Applications for shoreline permits for subtidal aquaculture
developments shall provide proof of application for an aquatic lands
lease from the Washington State Department of Natural Resources.
Applications for the mechanical or hydraulic harvesting of subtidal and
intertidal benthic infauna such as hardshell clams or geoducks shall provide a
written assessment for each tract area containing the following information:
2.
3.
4.
5.
6.
7.
8.
9.
Tract size and location;
Harvesting techniques;
Resource and resource abundance (amount, distribution, and diversity);
Associated flora and fauna (amount, distribution, and diversity);
Substrate composition;
Relationship to an approved state-wide management plan;
Relationship to other permits, rules, and regulations;
Assessment of tidal current direction and velocity;
Proposed method for marking tract boundary.
Operators of aquaculture developments shall provide relevant reports as follows:
a. Extensive Intertidal and Subtidal Aquaculture Developments:
Operators of extensive intertidal and subtidal aquaculture developments shall
submit to the City of Port Townsend Planning and Building Department:
Copies of any regular reports required by the Washington State
Department of Fisheries regarding environmental assessment;
Timely notification of mortalities above the predicted rate and the likely
cause.
Intensive Subtidal Aquaculture Developments:
Operators of intensive subtidal aquaculture developments shall submit the
following to the City of Port Townsend Planning and Building Department:
5
(Port Townsend, 8/93)
e
Copies of reports detailing the findings of regular monitoring as
required by the Recommended Interim Guidelines for the Management
of Salmon Net Pen Culture in Puget Sound, the Preferred Alternative
of the Final Programmatic (EIS) for Fish Culture in Floating Net-Pens,
National Pollutant Discharge Elimination System permits (NPDES) or
subsequently adopted documents;
Timely notification of mortalities above the expected rate and the likely
cause;
Timely notification of detected escapement and the likely cause.
Application records of any chemicals used in conjunction with the
operation including feed hormones or additives for disease control,or
hazardous materials.
Intensive and Extensive Upland Aquaculture Developments:
Operators of intensive and extensive upland aquaculture developments shall
submit to the City of Port Townsend Planning and Building Department:.
Copies of monitoring reports as required for conformance with the
Washington State Department of Ecology waste water discharge permit
requirements.
Timely notification of mortalities above the expected rate and the likely
cause.
Application records of any chemicals used in conjunction with
the operation including feed hormones or additives for disease
control, tank cleaning chemicals, oil or other hazardous
material.
Aquaculture developments shall not be approved in narrow channels, shipping lanes,
or in other areas where they are a significant hazard to navigation.
Applicants for floating aquaculture developments shall demonstrate through a visual
assessment that the development would have no significant adverse impact on the
aesthetic quality of the shoreline.
Floating aquaculture developments shall be sited and oriented in a manner that most
effectively disperses their waste products and minimizes water quality degradation.
Aquaculture developments shall be separated by a sufficient distance to ensure that
significant adverse cumulative impacts do not occur.
Intensive aquaculture developments shall be sited no clOser than two (2) nautical miles
from the mouths of Type 1 rivers and streams and one nautical mile from Type II
streams provided that a lesser standard may prevail based on a finding by the
6
(Port Townsend, 8/93)
10.
11.
12.
13.
14.
15.
Washington Department of Fisheries that no adverse impact would result. Delayed
release finfish_developments, hatcheries, and upland tank farms shall be exempt from
this regulation.
Applicants for aquaculture development shall demonstrate that the proposal will not
result in adverse impacts to estuaries that are designated Natural in this Master
Program or to the Protection Island National Wildlife Refuge.
Intensive subtidal aquaculture developments shall not be located within 300 feet of
habitats of special significance as defined in the Recommended Interim Guidelines for
the Management of Salmon Net Pen Culture in Puget Sound. Habitats of special
significance include, but are not limited to, eel grass and kelp beds, rocky reefs,
geoduck, and hardshell clam beds, and significant populations of Dungeness crabs,
herring, and finfish such as ling cod, true cod, sole and flounder, rock fish, cabezone,
and sea perch.
Intensive subtidal aquaculture developments shall not be located within 1,500 feet of
bird and wildlife habitats of special significance including seal and sea lion haulout
areas, seabird nesting sites or colonies, and areas specifically identified as critical for
feeding or migration of birds and mammals.
Aquaculture developments shall be located so as not to materially interfere with
navigational access to waterfront property, public recreation areas, or be incompatible
with the Port Townsend Urban Waterfront Special District.
Aquaculture developments shall obtain all required state and federal waste discharge
permits prior to commencing operation. Copies of all waste discharge permits shall be
provided to the City of Port Townsend Planning and Building Department.
Aquaculture developments shall be designed and constructed to be as compatible as
possible with the local shoreline environment and adjacent land uses. Aquacultural
structures and equipment shall be of appropriate construction and shall be adequately
maintained. Abandoned or unsafe structures and equipment shall be removed or
repaired promptly by the owner.
Maximum surface area encompassed by intensive subtidal aquaculture developments
shall not exceed two (2) acres.
Reflected glare or direct light generated by aquaculture developments other than that
produced by navigational aids shall be minimized to the greatest extent possible.
Lighting fixtures shall be designed and hooded to prevent the light source from being
directly visible from outside the boundaries of the property. The intensity or
brightness of all lighting shall not adversely affect impact water areas and vessel
traffic or the use of surrounding properties or adjacent rights-of-way.
7
(Port Townsend, 8/93)
,~$7/
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
The operators of aquaculture developments shall control odor through the
proper storage and disposal of feed and other organic materials and by
maintaining a clean operation. A specific plan for identifying and controlling
odors shall be developed and approved as part of the permit approval process.
Overwater structures appurtenant to floating aquaculture developments such as work
shelters, sleeping quarters, and storage sheds shall be prohibited. An attendant
workboat which is used for regular navigation and also provides the above functions
and sanitary facilities may be approved and conditioned.
Total height of floating structures and associated equipment shall not exceed six feet
in height above the water's surface.
Only non-lethal predator control measures shall be used against birds and mammals.
Predator control methods shall comply with appropriate federal and state rules.
Aquaculture activities shall make minimal and appropriate use of approved pesticides,
herbicides, antibiotics, vaccines, growth stimulants, or other chemicals. Operators
shall receive prior review and approval from the appropriate federal and state
agencies.
Only state and federal approved anti-foulants shall be used in aqUaculture
developments.
Waste materials or aquaculture by-products except shellfish shells shall not be
disposed of in the aquatic zone. Wastes disposed of upland shall meet all applicable
state and county waste disposal standards.
Processing of aquaculture products shall not occur in or over the water except for
sorting or culling of cultured organisms and washing or removal of surface materials
or organisms. All other processing facilities shall be located on land and shall be
governed by the applicable policies and performance standards of this Master Program
when located within the shoreline jurisdiction.
Proposals for the mechanical harvesting of subtidal and intertidal benthic fauna such
as hardshell clams that involve substantial substrate modification shall be evaluated
using the policies and performance standards of Section 5.70 Dredging in addition to
the provisions of this section.
Aquaculture developments that require structures shall be prohibited in wetlands and
estuaries which are Natural environmental designations in this Master Program.
Aquaculture developments that culture fin fish shall only use offspring of brood stock
that has been approved by appropriate state and federal agencies. Records of the
8
(Port Townsend, 8/93)
27.
28.
source of brood stock and the genetic background of smolts shall be maintained and
made available to the City upon request.
Upland aquaculture developments in Suburban and Conservancy designations shall be
screened from view from adjacent residential or recreational areas by fences, berms,
and/or vegetative buffers.
Floating aquaculture developments shall not be located within 1,500 feet of public
parks and designated Historic Districts unless a visual assessment demonstrates that no
significant impact on the character of those areas would result.
Section 2. Section 6 of Ordinance 2348 and Subsection 5.50 Commercial Development
of the Port Townsend Shoreline Master Program are each hereby amended to read as
follows:
COMMERCIAL DEVELOPMENT
Performance Standards
11. Upland commercial or industrial structures (in Suburban c,r Cc, n~ervancy
d~-ig~ti~)) shall be screened from view from adjacent residential or recreational
areas by fences, berms, and/or vegetative buffers.
Section 3. Section 7 of Ordinance 2348 and Subsection 5.70 Dredging of the Port
Townsend Shoreline Master Program are each hereby amended to read as follows:
5.70 DREDGING
Performance Standards
10.
Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such
as hardshell clams, excluding geoduck harvesting using handheld eo_u~ment, shall be
processed as conditional uses under the policies and performance standards of this
section if they involve substantial substrate modification through dredging, trenching,
digging, or adverse sedimentation.
11.
Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such
as hardshell clams that involve substantial substrate modification shall not be
permitted in kelp beds or in eel grass beds unless approved by the Washington State
Department of Fisheries.
9
(Port TOwnsend, 8/93)
Section 4. Section 8 of Ordinance 2348 and Subsection 5.90 Industrial and Port
Facilities of the Port Townsend Shoreline Master Program are each hereby amended to
read as follows:
5.90 INDUSTRIAL AND PORT FACILITIES
Performance Standards
15. Upland commercial or industrial structures ((in,,,.,,~,u,~.~"~'"-~'
d,~o.~, ........ )) shall be screened from view from adjacent residential or recreational
areas by fences, berms, and/or vegetative buffers.
Section 5. Severability: In the event that any one or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provision of this ordinance, but this ordinance shall be construed and
enforced as if such invalid provision had not been contained therein; provided, that any
provision which shall for any reason be held by reason of its extent to be invalid shall be
deemed to be in effect to the extent permitted by law.
Section 6. Effective Date: This ordinance shall become effective five days after its passage
and publication.
Read for the first, second, and third times and passed by the City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this Ig r~ day of
~°h;~' C/~lis; May°r ,o
Atfest: ~..-/.~. ~
i~avid P~. Grove~ty Clerk
Dehni~ ~cLerran~ City Xt"t'o~ey
First reading: ~/~b~ Passage:
Second reading: ,ff./~.~d Publication:
Third reading: ,~./~ Effective: ~/~
I0
(Port Townsend, 8/93)