DEPARTMENT OF NATURAL RESOURCESCITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMIN 'i
APPLICATION FOR SHORELINE ) SSDP/SCUP04-29-99-1
CONDITIONAL USE PERMIT ) FINDINGS OF FACT
APPLICANT: WASHINGTON STATE ) CONCLUSIONS OF LAW
DEPARTMENT OF NATURAL ) AND DECISION
RESOURCES )
)
FINDINGS OF FACT
1. The Washington State Department of Natural Resources has filed an application to obtain
a Shoreline Conditional Use Permit for (SCUP) the commercial harvest ofgeoduck clams from
State owned subtidal bedlands around Bainbridge Island. This geoduck fishery is currently
managed by Department of Natural Resources (DNR), Washington State Department of Fish and
Wildlife (WDFW), and the Puget Sound Treaty Indian Tribes. This SCUP would regulate the
activities of commercial harvesters under contract with DNR. Each tribe is responsible for
managing its own geoduck fishery.
2. This application for a SCUP was filed with the City of Bainbridge Island in April of 1999.
The DNR began the process of supplementing its Shoreline Environmental Impact Statement
(SEIS) in May of 1999. A final SEIS was issued by the DNR on September 24, 2001. The City
of Bainbridge Island adopted that SEIS on April 9, 2003. No additional environmental review
was done by the City.
3. The DNR is proposing to harvest geoduck clams on 1,549 acres of subtidal bedlands on
shorelines of statewide significance. The areas of harvest are all waterward of extreme low water.
The bedlands are identified in five areas: Port Madison (222 acres), Agate Passage (259 acres),
Battle Point North (Manzanita) (723 acres, Murden Cove (222 acres), SkiffPoint (123 acres).
These geoduck tracts are identified in the State of Washington 2002 Geoduck Atlas published by
WDFW [EXHIBIT 97]. Properties landward of the proposed harvest areas carry the following
upland shoreline environmental designations: 1) between Agate Passage Bridge and Battle Point -
Semi-Rural from Battle Point to Manzanita Bay and from Manzanita Bay to Agate Passage
Bridge. The area immediately adjacent to Manzanita Bay is designated Rural; 2) between Point
Monroe and the northernmost tip of Bainbridge Island - Semi Rural except for an area near the
West Port Madison Nature Preserve which is designated Rural. The point of Point Monroe is
designated Natural; 3) between Fay Bainbridge State Park and SkiffPoint - Semi Rural except for
Fay Bainbridge State Park which is designated as Conservancy; 4) between SkiffPoint and
Yeomalt Point - Semi Rural except for the area within Murden Cove which is designated
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Conservancy. The Comprehensive Plan designations for all upland properties are Open Space
Residential, except for Point Monroe which has been designated Urban Residential.
4. The proposed harvest areas for geoduck clams are limited to the portion of the identified
tracts located between elevations of minus 18-feet and minus 70-feet from -0- tide. The
harvesting will take place at about 70-feet below the surface of the water. The harvest operations
will be conducted between 8:00 a.m. and 4:00 p.m., Monday through Friday, except on State
holidays when no harvesting will be allowed. Boats used to harvest the geoducks range in size
from 20-60 feet long, have a crew of two divers and a tender. Contractors will provide an
average of one harvest vessel for every 20-acres of designated harvest area. Compressor engines
on board the boats supply oxygen to the divers and power the water jets for clam harvesting.
After harvest by a diver, the geoducks are weighed and recorded in the presence of DNR staff,
then unloaded at a pre-approved Marina or boat ramp. Processing will occur off-site at a location
outside the City of Bainbridge Island.
5. State managers and Indian Tribal managers have agreed to limit the annual harvest rate to
2.7 percent of commercial geoduck biomass in each region [EXHIBIT67, Pg. 44]. The 2.7
percent harvest rate is predicted to preserve 40% of the unfished spawning potential of the
commercial population [EXHIBIT67, Pg. 45]. This 2.7 percent annual harvest rate may change
as research continues on the biology ofgeoducks. Research is underway to determine if growth
rates differ among the six management regions and to refine the estimated rate of natural mortality
among geoducks. WDFW is performing a study to independently compare the yield model
predictions to geoduck populations which have been fished in the past. Average projected
recovery time for all tracts with statistically significant density data is 39 years. Studies show that
on average, 2.56 percent of the biomass lost to fishing is replenished each year. The 2.7 percent
harvest rate developed for geoducks is currently the best estimate of the largest proportion of
commercial biomass which can be removed each year, while maintaining the spawning stock at a
stable intermediate level [EXHIBIT 67, Pg. 48]. Natural recovery is relied upon for repopulation
of the geoduck beds. No artificial enhancement is proposed for repopulation of the tracts after
harvesting is complete [Testimony of Leigh Espy.]
6. The DNR, through harvest contracts with commercial divers, limits the number of boats
that can harvest geoducks in Puget Sound at any one time. Typically 8-10 boats are in operation,
tracts are selected for harvest in a single geographic area to facilitate monitoring with on-site
compliance and enforcement. Harvest vessels operate in a single area for no more than 4 months
at a time. An environmental assessment is completed by WDFW prior to the State harvest. A
geoduck survey of each tract is completed prior to State and Tribe harvest [EXHIBIT 67, Pg. 6].
A test harvest is conducted before sale of the harvest area to commercial harvestors [Testimony of
Leigh Espy].
7. According to the SEIS, the geoduck harvest has been conducted for over 30 years without
significant adverse environmental impact, other than the reduction of the local geoduck
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population. The geoduck harvest provides benefits to the State and to the Tribes. The revenue
generated from the fishery provides funding for the following programs: clean up and restoration
of contaminated sediment in Puget Sound, inventory of all near shore aquatic habitat in Puget
Sound, control of the invasive aquatic weed "Spartina," geoduck fishery management and harvest
compliance programs, State/Tribe shellfish negotiations, operating and capital improvement
monies for WDFW including intertidal shellfish enhancement, and grants to local governments for
the purchase, development and restoration of aquatic lands for public access and salmon habitat
restoration.
8. The DNR has determined that the harvest of individual geoducks by divers using hand
held water jets, is the most environmentally benign method of harvest currently available
[EXHIBIT 67, Pg. 5]. Depth monitors are worn by divers to ensure compliance with boundaries of
depth maximum and minimum. Buffers are maintained between the harvest area and eel grass
beds and any substrate used for Herring spawning. Seasonal restrictions for fishing are
established on tracts located in, or adjacent to spawning areas.
9. The geoduck harvest operation involves three primary sources of noise; the vessel engine,
the pump or compressor engines powering the water jets and life support system, and the two-
way diver communication system. The auxiliary equipment and the communication system
operate continuously during harvest and are the major sources of noise from the harvest activities.
Engine noise occurs only when the boat is entering or leaving the tract, or repositioning The
boat remains at anchor in one location while harvesting occurs. Auxiliary equipment is usually
placed in the boat's hold to provide more working space on the deck. This equipment is required
to be muffled to meet State noise standards and to allow for radio communication with the divers.
State law prohibits harvest within 200 yards of the shoreline. Predicted harvest noise levels on a
boat with equipment on deck would be 46.7 to 49.7 dBA. If the boat stored the equipment below
deck that dBA would drop to 42.7 to 44.7 dBA. The geoduck harvest vessels normally operate
below the Department of Ecology (DOE) noise standard of 55 dBA [EXTtlBIT 67, Pg. 104].
Noise impacts for shoreline residents are minimized by restricting the harvest to daylight hours,
Monday through Friday, and by prohibiting harvest within 200 yards of the shoreline. DNR
enforcement crews monitor sound levels with handheld noise meters. Vessels found to exceed 50
dBA are suspended from harvest until the vessel is brought into compliance. DNR will maintain a
cellular phone on its contract compliance vessel and publicize appropriate phone numbers to allow
shoreline residents to contact DNR, the compliance vessel and the WDFW patrol boats to lodge
complaints regarding harvest activities and excessive noise levels.
10. The geoduck harvest occurs underwater. The anchored vessel, more than 200 yards
offshore, is the only aspect of the harvest visible from the surface. The presence ofa geoduck
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vessel with divers in the water means other vessels in the area must use caution. Commercial
geoduck boats must display diver flags to alert other boat traffic of ongoing harvest operations.
Restrictions on harvest hours and days of fishing reduce conflicts between geoduck operations
and sport fishing in the area. Geoduck harvesters unload their boats at public and private boat
ramps, docks and marinas. These offioading procedures will be monitored by the DNR
enforcement personnel and WDFW patrol officers to ensure that conflicts with the normal use and
operation of public facilities will not occur [EXHIBIT 67, Pg. 107 and Condition 15].
11. At the public hearing several citizens expressed concerns about the lack of data showing
actual biomass of geoducks in individual tracts now sought to be harvested around Bainbridge
Island. According to the 2002 Atlas of Geoduck Tracts [EXHIBIT97], the tracts of Battle Point
North (Manzanita), Skiff Point, Murden Cove, and Agate Passage were surveyed in 1994 and
1995. The Port Madison Tract was last surveyed in 1975. The number, biomass and density
estimates included in the Atlas have been adjusted to account for subsequent fishing. Post fishery
assessment of the tract will be made once the tract has reached a 65-80 percent depletion level. A
recovery study will then be done on the tract.
12. Environmental assessments have been done by the WDFW for the Murden Cove, Skiff
Point, Agate Passage and Battle Point tracts. Those specific assessments are available from
WDFW in Olympia.
13. Additional concerns were voiced at the hearing regarding dangers from the transport of
sediments to Murden Cove from harvest sediment plumes. The SEIS [EXHIBIT 68] discusses
the transport and fate of the suspended sediment plumes associated with commercial geoduck
harvesting. The report concludes that the transport and fate of suspended sediment associated
with commercial geoduck harvesting will have minimal impacts on the physical environment in the
harvest tracts and adjacent areas [See Appendix 4, Pg. 8-3]. The numerical model run by Ebasco
Environmental shows that the amount of material that could be deposited in the intertidal zone,
even under the worst case conditions, would be extremely small. The SEIS suggests that
additional work is needed to confirm the limited impact of sediment plumes generated during the
geoduck harvest [EXHIBIT 67, Pg. 7].
14. On Wednesday, May 21, 2003, a Public Hearing was held before the Hearing Examiner to
consider the application. Prior to the hearing, notice was published in the Bainbridge Review on
April 26, 2003, notice of the public hearing was mailed to the owners of property within 300 feet
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of the proposed project on April 21, and notices were posted at the City Hall, the Chamber of
Commerce, and the Ferry Terminal on April 18, 2003. Notice was posted near the shorelines
adjacent to the identified tracts on May 6, 2003 [EXHIBIT 90].
CONCLUSIONS OF LAW
1. This application for Shoreline Conditional Use Permit is properly before the Hearing
Examiner under jurisdiction established in BIMC 16.12.380(C)(4)and BIMC16.12.180. Adequate
legal notice was given of the public hearing held on this application on May 21, 2003. A
Shoreline Substantial Development Permit is required for these harvesting activities.
2. The Washington State Department of Natural Resources (WSDNR) is the lead agency for
an Environmental Impact Statement (EIS) which discussed the probable environmental impacts
from geoduck harvesting on Hood Canal and in Puget Sound. The DNR issued an ElS in 1985
and updated that EIS with addenda in succeeding years. A final Supplemental ElS was issued by
the Department on May 23, 2001, as required by RCW 43.21.C030(2)(c). This final SEIS was
adopted by the City of Bainbridge Island in April 2003 as the SEPA review for the current
application. Additional environmental assessments on each tract proposed for harvest will be
made by the Washington State Department ofFish and Wildlife (WDFW) prior to the beginning
of contract harvesting. The site specific assessments have been conducted for the Murden Cove,
SkiffPoint, Agate Passage and Battle Point tracts. Environmental assessment for the Port
Madison tract will be required prior to harvesting.
3. BIMC 16.12.170(B)(28) requires that the applicant show that the proposed harvesting
operation will not harm fish or shellfish resources. The SEIS and its appendices [EXHIBITS 67
and 68] demonstrate that the geoduck harvest does not have significant long term adverse
impacts on the benthic environment and on non-geoduck flora and fauna in the individual tracts.
The geoduck biomass on individual tracts is temporarily reduced and the total harvestable
geoduck biomass will eventually be permanently reduced by these harvesting program. The
biomass of geoducks available to the commercial fishery represents less than a quarter of the total
geoduck biomass estimate in the State. Scientific literature, cited in the SEIS and its appendices,
concludes that the total commercial biomass of harvestable geoducks will eventually be reduced
to between 40 and 62 percent of the unfished total geoduck biomass available before harvesting.
Scientific literature cited in the SEIS suggests that this is adequate to maintain a sustainable
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fishery. The harvest of individual geoducks by divers using hand held water jets has been
determined to be the most environmentally benign method of harvest currently available. A
geoduck survey of each tract is completed prior to State and Tribe harvest. Tracts which have
been fished down may not be refished until a new survey demonstrates that the geoduck density
has reached or exceeded the prefishing density. Annual regional harvest quotas are limited to 2.7
percent of the commercial biomass, pursuant to an agreement between the State and the Tribes.
The SEIS also considered potential impacts to fish and other shellfish resources in the area. A 2-
foot vertical buffer, or a minimum 1 gO-foot buffer is maintained between the geoduck harvest area
and any eel grass beds or any substrate used for Herring spawning. During pre-harvest surveys
tracts are inspected for important fish habitat. The presence of different species of marine fish are
noted on a transect by transect basis. This data is included in the environmental assessments made
by the WDFW. If spawning areas or other important habitats are present, these areas may be
closed to harvest or closed seasonally during spawning periods or other critical times. Geoduck
harvest is not allowed during the spawning period offish such as Pacific Cod or English Sole in
areas known to be used for spawning [EXHIBIT67, Pg's 90 and91]. Mitigation measures taken
by the DNR will help ensure protection of endangered fish stock and other shellfish resources.
4. A SCUP may be granted only after the applicants have demonstrated compliance with the
requirements listed in BIMC 16.12.3 g0 (C)(1).Each of those conditions have been addressed by
this application and its supporting environmental documents.
5. BIMC 16.12.380 (C)(1) states: Uses class~ed as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
a. The proposed use will be consistent with the policies of RCW 90.58. 020 or its successor and
the policies of the master program.
These policies seek protection for the resources and eco-systems on the shoreline by
preserving the natural character of the shoreline. The harvesting activities proposed by DNR
allow use of a renewable resource at a sustainable level which provides for environmental
protection while generating significant revenue for the State of Washington. Harvesting is not
allowed in areas where harvesting activities would result in significant long term adverse impacts
to the aquatic environment. Geoduck tracts which have been fished out may not be refished until
a new survey demonstrates that the geoduck density in that tract has reached or exceeded
prefishing density. Annual regional harvest quotas are set by the State and the Tribes to ensure
that a sustainable fishery is maintained. The geoduck harvest does not have significant long term
adverse impacts on the benthic environment or on the non-geoduck flora and fauna in the harvest
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area, according to the studies included in the SEIS. Public use of the public shoreline will not be
significantly impacted by these harvesting activities, since all harvesting operations will take place
in aquatic lands no closer than 200 yards from the shoreline. Shoreline sediment dritt processes
should not be affected by these activities. While sediment plumes will be generated by harvesting
techniques, the transport of suspended sediment associated with this geoduck harvesting will have
minimal impacts on the physical environment in the harvest tracts and in adjacent areas [See
Appendix 4 to the SEIS, Pg. 8-3]. Harvest vessels are required to use motor noise dampening
devices to minimize noise impacts on surrounding land and water uses. The harvest activities are
also limited to daylight hours on Monday through Friday and will not be operated on weekends or
on State holidays. No processing of the geoducks will be done in the City of Bainbridge Island.
No pollutant discharge from harvest vessels is permitted by this application. The DNR will have
compliance and enforcement vessels on site during all harvesting activities to ensure compliance
with State and local regulations. These harvesting activities, if conducted as proposed, will
comply with the policies of the State and City Shoreline Management Master Programs.
6. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
b. The proposed use will not interfere with the normal public use of the public shoreline.
All harvesting activities will be conducted in aquatic bedlands located between minus 18-
feet MLLW to minus 70-feet. State harvests will be conducted at locations which are a minimum
of 200-yards from the shoreline. Public boat ramps may be used by harvest contractors to access
geoduck tracts around the island. Five different identified tracts will be fished under this
proposed permit. Conditions will be attached to the permit which limit the number of harvesting
vessels working in an area at the same time. There may be minor interference with recreational
boating on the shoreline during harvest activities. Diver locations will be clearly marked to avoid
conflicts with recreational boaters. Noise levels generated by the harvest vessels and diving
equipment will be monitored to ensure compliance with State and City noise regulations. During
all State harvest operations, DNR enforcement crews monitor sound levels with hand held noise
meters to ensure that vessels do not exceed maximum allowed noise levels. The harvesting
vessels will be visible from the shore, however, no vessel will be allowed to anchor closer than
200-yards from the shoreline. The presence of harvest vessels will not create a significant
aesthetic visual impact for users of the public shoreline. The normal public use of the public
shoreline will not be significantly disrupted by these harvesting activities.
7. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorized;
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provided, that the applicant can demonstrate all of the following:
... (c) The proposed use of the site and design of the project will be compatible with other
permitted uses within the area.
The SEIS discusses, at length, possible impacts on residential and recreational use of the
shoreline. Geoduck harvest is conducted off-shore and is a temporary activity, so that impacts to
the built environment along the shoreline is limited. Conditions will be attached to the permit that
require cellular phones on contract compliance vessels to allow shoreline residents to contact
DNR and the WDFW regarding complaints about activities during the harvest. The harvest
activities will be conducted under water. The temporary alterations to the substrate habitat will
not be visible from the shoreline. Restrictions on noise levels generated by harvest vessels will
help protect shoreline residents' peaceful enjoyment of their surroundings. Harvest activities will
be limited to daylight hours from 8:00 a.m to 4:00 p.m. on Monday through Friday, to help
minimize impacts on shoreline residents. Studies cited in the SEIS conclude that the geoduck
harvest will not have significant adverse long term impacts on the benthic environment, or on the
non geoduck flora and fauna in the harvest area. Additional Studies are being conducted to
determine the post harvest recovery ofgeoduck populations and possible effects on other marine
flora and fauna. The managing agencies and Tribes have the authority and flexibility to apply site
specific restrictions on the geoduck harvest, to control potential impacts or conflicts unique to any
harvest site. The pre-harvest surveys conducted by the WDFW identify specific habitat concerns.
These pre-harvest surveys are included in the environmental assessment completed by WDFW
prior to the State harvest. A geoduck survey of each tract is used to estimate the geoduck
biomass available for harvest. Careful monitoring of harvest operations will help ensure
compliance with permit conditions. These harvesting operations, if conducted as conditioned, will
be compatible with other permitted uses within the area.
8. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
... (d) Ihe proposed use will cause no unreasonably adverse effects to the shoreline environment
designation in which it is located
The areas ofgeoduck harvest are all waterward of the extreme low water line and are on
shorelines of statewide significance. The DNR and the WDFW have prepared a Supplemental
ElS to update scientific information related to the geoduck harvesting. These studies have been
included in the appendices to the SEIS. This analysis has been made available for public review to
assure compliance with local, state and federal environmental policies. The SEIS has concluded
that the geoduck harvest does not have any significant long term adverse impacts, other than the
reduction of the local geoduck population. Population models predict that the total commercial
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biomass of harvestable geoducks will eventually be reduced to between 40-62 percent of the
unfished level. According to the WDFW, scientific literature suggest that this level is adequate to
maintain a sustainable fishery. In addition to the information compiled for the SEIS, the WDFW
will also complete an environmental assessment of each identified tract before harvesting
operations are allowed. The information contained in this environmental assessment will be used
to place restrictions or limitations on harvest activities if required to protect fish habitat or
spawning areas located in the vicinity. Buffers are established on tracts located in, or adjacent to
areas of Herring spawning. Seasonal limitations on harvest activities also may be required to
protect the spawning period for other important fish known to use the harvest areas. If conducted
as proposed, these geoduck harvesting activities will not have significant long term adverse effects
on the aquatic environment.
9. BIMC 16.12.380 (C)(1) states: Uses class~ed as conditional uses may be authorize&
provided, that the applicant can demonstrate all of the following:
... (e) The public interest suffers no detrimental effect.
This geoduck harvesting is conducted as a revenue generator for the State of Washington.
Beneficial impacts of the geoduck fishery include direct employment of approximately 50-60
people, marketing of about 4 million pounds ofgeoducks annually, positive international trade,
and between 5 and 7 million dollars per year of revenue. The revenue generated from
Washington's commercial geoduck fishery provides funding for the following programs: 1) clean
up and restoration of contaminated sediment in the Puget Sound, 2) inventory of all near shore
aquatic habitat in Puget Sound, 3) control of the invasive aquatic weed "Spartina," 4) geoduck
fishery management and harvest compliance programs, 5) State and Tribal shellfish negotiations,
6) operating and capital improvement monies for WDFW, including intertidal shellfish
enhancement, and 7) grants to local governments for purchase, development and restoration of
aquatic lands for public access and salmon habitat restoration [EXHIBIT67, Pg. 4 and5]. Since
the proposed use will cause no significant long term adverse effects to the shoreline environment,
the public interest will suffer no substantial detrimental effect from these geoduck harvesting
activities.
10. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
...(/) The proposed use is consistent with the provisions of the zoning ordinance and the
comprehensive plan.
The Comprehensive Plan goals and policies which apply to properties adjoining or adjacent to
critical areas are included in the StaffReport on pages 9, 10 and 11. The harvesting methods
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required by the DNR are the most environmentally benign method currently available, according
to the SEIS. Harvest vessels are required to modi~' their noise emissions to comply with State
regulations for activities adjacent to residential areas. The State agencies will continue to conduct
research and monitor the impacts of the geoduck fishery. Addenda will be attached to the ElS to
reflect new science related to the industry~ Temporary damage to the benthic environment will
naturally repair itself over a period of months after the harvest. The harvesting of aquatic life is a
resource function which will help retain local aquaculture development. While sediment plumes
associated with the geoduck harvest will temporarily impact marine water quality, this impact
should have no long term significant adverse impacts on the shoreline environment, according to
current studies cited in the SEIS. Water quality will be periodically monitored during harvest
activities. Aquaculture activities are allowed in the aquatic environment in compliance with
BIMC regulations. The proposed harvesting ofgeoducks in the tracts identified as Murden Cove,
SkiffPoint, Port Madison, Agate Passage and Battle Point is a use of these aquatic lands which is
consistent with the provisions of the Zoning Ordinance and Comprehensive Plan. This geoduck
fishery has previously been permitted by the City. New environmental studies included in the
updated SEIS prepared by the State support the continued use of State aquatic lands for geoduck
harvesting.
11. To ensure compliance with the provisions of the Comprehensive Plan and BIMC, certain
conditions must be attached to this SCUP. Those conditions are as follows:
1. HARVEST WITHIN MAXIMUM SUSTAINED YIELD.
a. The Washington State Department of Natural Resources (DNR) and Washington
State Department of Fish and Wildlife 0NDFW) shall provide copies of all
information and research regarding the geoduck fishery available to the City of
Bainbridge Island as such information is generated and published. (The WDFW
Geoduck Tract Atlas is published annually.)
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b. The agreed sustained yield rate for statewide management of geoduck clams is
an average of 2.7 percent of commercial geoduck biomass per year. WDFW is
investigating the regeneration rate of geoduck beds and may produce data that
changes the statewide annual regional harvest quotas and alters the agreed
sustainable yield rate either on a statewide, individual tract, or biological region
basis. If WDI%V determines a different harvest rate is needed for a sustainable
geoduck fishery, then future DNR geoduck sales under this permit shall not
exceed the newly adopted sustainable yield rate. If WDFW determines a new
harvest rate for different biological regions, then further DNR geoduck sales
under this permit shall not exceed the appropriate regional sustainable yield
rate.
c. When calculating whether geoduck sales meet either a state or regional harvest
rate, or a harvest rate for a biological region, the pasl four years of geoduck
sales shall be averaged. For example, a particular year could exceed total
allowable catch, as long as averaged geoduck sales for the past four years do
not exceed the total allowable catch required to maintain a sustainable geoduck
fishery.
2, MAXIMUM HARVEST FROM EACH BED.
a. No more than 80 percent of the geoduck population shall be harvested from
each bed or identified tract.
b. DNR shall provide the City with documentation of the number of pounds of
harvested geoducks taken from each tract at the end of each individual contract
period during the harvest. It is understood that the harvest period will vary in
length from 30 to 120 days.
3. CONTRACT COMPLIANCE BY DNR. DNR shall maintain its current daily monitoring of
geoduck harvesting to enforce terms of its contract with harvesters, to enforce the
inner boundary of harvest areas (-18 feet below 0 water, minimum 600 feet from
shore), and to enforce the noise control requirements of its contract. DNR shall not
reduce its contract compliance program in the City of Bainbridge Island except after
consultation and agreement with the City of Bainbridge Island. Copies of DNR
harvest contracts including compliance provisions, shall be provided to the City of
Bainbridge Island prior to harvest activities under each contract.
4. PHONE CONTACT. DNR shall maintain a cellular phone on its contract compliance
vessel and publicize appropriate phone numbers to allow shoreline residents to
contact DNR and its compliance vessel and the WDFW patrol.
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5. LOG COMPLAINTS AND COMPLIANCE. DNR shall keep a log of all complaints and
compliance activity regarding harvest activities in the City of Bainbridge Island and
make such information available to the City.
6. EELGRASS. DNR shall not sell harvest rights to take geoduck clams from any land
that WDFW has identified as an eelgrass bed.
a. In geoduck areas with adjacent eelgrass beds, the shoreward boundary of the
area will 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 exists in the Agate Passage area, the shoreward harvest area
boundary in this area shall be no shallower than the -20 foot contour (MLLW).
c. 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 (MLLW).
7. HERRING SPAWNING.
a. 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 WDFW.
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.
8. STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS). No harvesting shall
occur in any area not duly certified by DSHS or the State Department of Health for
water quality.
9. NOISE CONTROL. DNR shall include in the harvesting contract requirements that
noise generated by geoduck harvesting activities not exceed 50 dBA when measured
600 feet from the vessel.
10 TIME OF HARVEST. Harvest shall not exceed seven working hours per day, and those
seven hours per day will be between 8 a.m. and 4.00 p.m. No harvesting will be
allowed on Saturdays, Sundays or State holidays.
11. DNR shall provide the City of Bainbridge Island with a copy of the pre-harvest
environmental assessment made by WDFW on the Port Madison Tract, the Skiff
Point Tract, the Murden Cove Tract, the Battle Point (Manzanita) Tract, and the
Agate Passage Tract. These Environmental Assessment Reports shall be submitted
to the City of Bainbridge Island prior to any harvesting activities under this
Shoreline Conditional Use Permit.
SSDP/SCUP04-29-99-1 Hearing Examiner
WSDNR City of Bainbridge Island
Page -13-
12. EXPIRATION. The shoreline substantial development permit shall expire five years
from dale of issuance. A new permit shall be required for continued geoduck
harvesting.
13. MAXIMUM NUMBER OF HARVEST VESSELS ON THE HARVEST AREAS.
a. No more than 15 harvest vessels shall be permitted on the combined Kitsap
County and Bainbridge Island harvest areas in Agate Passage at any one time.
b. No more than 10 harvest vessels shall be permitted on the combined harvest
areas on either the east or on the west side of Bainbridge Island at any one time.
14. The release of oil, chemicals, or other hazardous materials onto or into the water is
prohibited. Equipment for the transportation, storage, handling, or application of
such materials shall be maintained in a safe and leak-proof condition, ff there is
evidence of leakage, the further use of such equipment shall be suspended until the
deficiency has been satisfactorily corrected.
15. The use of public ramps, docks and marinas as off-loading locations shall not cause
conflicts with the normal use and operation of the public facilities.
DECISION
A Shoreline Conditional Use Permit is granted to the Washington State Department of
Natural Resources to allow geoduck harvesting in the Battle Point (Manzanita), Port Madison,
Agate Passage, SkiffPoint and Murden Cove geoduck tracts, as identified in the application. This
Shoreline Substantial Development Permit and Conditional Use Permit is granted subject to the
conditions listed in Conclusion of Law No. 11 above.
Dated this 8thth day of September, 2003
Robin Thomas Baker
Hearing Examiner Pro Tem
SSDP/SCUP04-29-99-1 Hearing Examiner
WSDNR City of Bainbridge Island
Page - 14-
APPEAL
This decision will be forwarded to the Washington State Department of Ecology and the
Washington State Attorney General within eight days of the date of the Decision. This decision
may be appealed through the procedures set forth in BIMC 16.12.380(C)(7) and (8).
SSDP/SCUP04-29-99-1 Hearing Examiner
WSDNR City of Bainbridge Island