RES 95-24 APPROVAL OF SSDP FOR COMMERCIAL GEODUCK HARVEST ON 750 ACRES OF STATE-OWNED LANDRESOLUTION NO. 95-24
A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
APPROVING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR
THE COMMERCIAL HARVESTING OF GEODUCK CLAMS IN
APPROXIMATELY 750 ACRES OF STATE-OWNED SUBTIDAL BEDLANDS
(FILE NO. SSDP 09-03-92-1).
WHEREAS, on February 19, 1991, the Washington State Department of Natural
Resources CDNR") fried an application for a shoreline substantial development permit to harvest
commercially geoduck clams in approximately 750 acres of state-owned subtidal bedlands around
the City; and
WHEREAS, on February 24 and March 24, 1994, the Planning Commission considered
the application and recommended to the Hearing Examiner that the application be approved,
subject to conditions; and
WHEREAS, on April 26, 1994, the Hearing Examiner conducted a public heating on the
application, and on June 6, 1994, issued a written recommendation to the City Council to
approve the application, subject to conditions; and
WHEREAS, the City Council held a public hearing on the application, and on April 27,
1995, by motion modified the conditions recommended by the Hearing Examiner and approved
the application for a two-year permit; now, therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, AS FOLLOWS:
Section 1. The City Council accepts and adopts the Report, Findings of Fact,
Conclusions of Law and Recommendation of the Hearing Examiner in File No. SSDP 09-03-92-
1, attached hereto, except that the conditions are amended as follows:
1. HARVEST WITHIN MAXIMUM SUSTAINED YIF~T.D.
a,
The Washington State Department of Natural Resources (DNR) and
Washington State Department of Fish and Wildlife shall make continuing
information and research regarding maximum sustained yield (MSY) of
geoduck available to the City of Bainbridge Island when such information
is generated and published.
b,
The maximum sustained yield rate for statewide management of geoduck
clams is an average of 2 percent of fishable geoduck stocks per year.
Department of Fish and Wildlife is investigating the regeneration rate of
geoduck beds and may produce dam that changes the statewide MSY,
either on a statewide rate, or with rates applicable to biological regions of
the state. If the Department of Fish and Wildlife determines a different
MSY rate on a statewide basis, then future DNR geoduck sales on a
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C,
statewide basis shall not exceed the changed statewide MSY. If the
Department of Fish and Wildlife determines MSY for different biological
regions, then further DNR geoduck sales on a regional basis shall not
exceed the appropriate regional MSY.
When calculating whether geoduck sales meet either a state or regional
MSY, or an MSY for a biological region, the past four years of geoduck
sales shall be averaged. Thus, a particular year could exceed the MSY,
as long as geoduck sales for the past four years averaged do not exceed
the MSY.
MAXIMUM HARVEST FROM EACH BED.
No more than 80 percent of the geoduck population shall be harvested
from each bed.
b,
DNR shall compile monthly statistics on the number of geoducks
harvested from the harvest areas, and make them available to the City.
PERMIT COMPLIANCE BY DNR. DNR shall monitor continuously all
geoduck harvesting to enforce terms of its contract with harvesters, to enforce the
inner geoduck harvesting to enforce terms of its contract with harvesters, to
enforce the inner boundary of harvest areas (-18 feet below 0 tide, minimum 600
feet from shore), and to enforce the noise control requirement of the permit and
its contract. DNR shall not reduce its permit and contract compliance program
in the City except after consultation and agreement with the City.
COMPLIANCE VESSEL. There are two compliance areas: The Agate Passage
compliance area is located between the south end of Battle Point and the north
end of Agate Passage. The second compliance area is located on the east side of
Bainbridge Island consisting of two adjacent geoduck beds located between
Yeomalt Point and Fay Bainbridge. DNR shall assign a compliance crew
consisting of at least two persons to monitor harvesters during all hours of
harvesting. The compliance crew shall operate continuously during all hours of
harvesting. Compliance shall be conducted in a patrol boat equipped at all times
with a cellular phone accessible to the public. In the event that harvesting takes
place at both compliance areas simultaneously, an independent compliance crew
shall be assigned to each compliance area.
NOTIFICATION OF HARVEST. At least four weeks before the commencement
of harvesting, DNR shall notify the City in writing of its harvesting plans and
shah distribute by personal delivery or regular U.S. Mail to all shoreline
residences adjacent to a harvest area a written notice of the time and place of the
harvest and of the cellular phone number of the compliance vessel, the telephone
number (if any) of the compliance vessel, the telephone number of a DNR harvest
representative, and the telephone number of the Department of Fish and Wildlife
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patrol. The notice further shall advise the recipients to call these numbers with
complaints or comments.
COMPLAINT INVESTIGATION AND REPORTING. DNR shall immediately
investigate all complaints regarding harvesting activity. All other types of
complaints shall be investigated at the earliest possible time. DNR shall report
the outcome of an investigation orally and in writing to the complaining party and
to the City's harvesting representative within three (3) working days of the
complaint. DNR shall further keep a log of all complaints and compliance
activity and make such information available to the City. The City may conduct
a public hearing in response to any complaint and may further condition the
permit. DNR shall make available a member of the geoduck program staff to
answer questions regarding complaints and or investigations when requested.
EELGRASS. DNR shall not sell harvest rights to take geoduck clams from any
land that Department of Fish and Wildlife has identified as an eelgrass bed.
In geoduck areas with adjacent eelgrass beds, the shoreward boundary of
the area shall be no shallower than that set by RCW 75.24.100 and no
shallower than 2 vertical feet seaward of the deepest eelgrass present.
b,
Because eelgrass
area boundary in
(MLLW).
exists in the Agate Passage area, the shoreward harvest
this area shall be no shallower than the -20 foot contour
Because eelgrass exists between Skiff Point and Fay Bainbridge State
Park, the shoreward harvest boundary in this area shall be no shallower
than the -22 foot contour GVlLLW).
HERRING SPAWNING.
DNR shall not allow geoduck harvesting to occur during herring spawning
season in an area identified as herring spawning ground in WAC 220-110-
260, or if identified as a herring spawning ground by the Department of
Fish and Wildlife.
b,
No geoduck harvesting shall be permitted in the Agate Passage area
between December 1 and April 30 due to rock sole, Pacific cod and
herring spawning seasons.
STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. No
harvesting shall occur in any area not duly certified by the Washington State
Department of Health.
10.
NOISE CONTROL. Geoduck harvesting vessels shall not exceed 50 dBA
measured 600 feet from the vessel. No audio equipment, such as radios, tape
players and compact disc players, shall be operated on a harvesting vessel;
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11.
12.
13.
14.
15.
16.
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18.
provided, that two way communication equipment may be operated at reasonable
sound levels and in conformance with applicable federal and state laws and
regulations.
TIME OF HARVEST. The harvest shall not exceed seven hours per day. The
harvest shall be between 9 a.m. and 4 p.m., except the harvest may not occur
between a half hour before sunset and a half hour after sunrise. No harvesting
shall be allowed on Saturdays, Sundays or State holidays.
STUDY OF CRAB. The Department of Fish and Wildlife shall finish its current
study to compare the Dungeness Crab and red rock crab on a harvested geeduck
bed to the crab on an unharvested geoduck bed, and to investigate the effects of
geoduck harvesting on these crab. It is anticipated that this study will be
completed between two and three years after the harvest of the studied bed. The
data shall be made available to the City and for public inspection. The finished
report of the investigation shall be transmitted to the City.
EXPIRATION. The shoreline substantial development permit shah expire on
December 1, 1997. A new permit shall be required for continued geoduck
harvesting.
MAXIMUM NUMBER OF HARVEST VESSELS ON THE HARVEST AREAS.
No more than 15 harvest vessels shall be permitted on the combined
Kitsap County and City harvest areas in Agate Passage at any one time.
No more than 10 harvest vessels shah be permitted on the combined
harvest areas on the east side of the City at any one time.
STANDARD OF CARE. DNR is encouraged to continue to exercise responsible
care and caution in the assessment and harvesting of geoduck populations.
MANZANITA BAY. No commercial geoduck harvesting shah occur inside
Manzanita Bay.
STUDY OF EAGLES. The Department of Fish and Wildlife shall continue a
study of the geoduck harvest effect on the bald eagle population. In the event the
study indicates there may be an adverse effect on the eagle population, geoduck
harvesting in those areas affected will be immediately suspended, and the City
Council shall hold a public hearing to determine whether the permit should be
conditioned further.
RESURVEY. If the resurveys of geoduck beds prior to harvest disclose probable
significant detrimental impact to marine life (other than the geoducks to be
harvested), then DNR shall inform the City and make appropriate adjustments to
the harvest plans after consultation with the Department of Fish and Wildlife.
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19.
HARVEST CONTRACTS. DNR lease contracts with commercial geoduck
harvesters shall incorporate by reference these conditions and shall include a
provision that DNR reserves the right to alter or revoke the lease when any of
these conditions are triggered or violated.
20.
KITSAP DEMONSTRATION HARVEST. DNR shall provide to the City free
of charge all documents produced by DNR and Kitsap County for the
demonstration harvest in the area south of Agate Passage between May and
November 1995, as provided for in the Settlement Agreement between Kitsap
County and DN'R. The City reserves the right, following the conclusion of this
demonstration harvest, and pursuant to a public hearing before the City Council,
to condition further the permit based on the results of the demonstration harvest
prior to advertisement of bids for any remaining harvesting contracts.
Section 2. The City Council approves a substantial development permit for DNR to
harvest commercially geoducks in approximately 750 acres of state-owned subtidal bedlands
around the City in File No. SSDP 09-03-92-1, subject to the conditions set forth in Section 1
above.
Section 3. The City Clerk is authorized and directed to carry out the filings and
transmittals set forth in BIMC 16.12.880 (N).
Janet K. West, Mayor
ATTEST/AUTHENTICATED:
Kasper, City Clerk
FILED WITH THE CITY CLERK: May 3, 1995
PASSED BY THE CITY COUNCIL: May 4, 1995
RESOLUTION NO. 95-24
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