DNR GEODUCK HARVESTv
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~~DE ~'~ ~A~ ~~~~
~~~ ~`~ zT~' F BNB~D~ ~L~-N~
~~~~
~~~~~can~; ashingto~a Mate ~epar~x~ent of~~.turai Resources
I: Celia Gaon
~ i ~ ~ ''ahinto~ street ~
P. ~. ~o~ 4'~~27
~~ypia, '~ 954
~'~le No; ~PIUP~~~~~
l~eques~: horeiine uhstantial ~ievelop~nent and Conditianai Use Permit
Laca~~~~: ~ppra~imateiy 7D~ aares of subtidal bediands in four general areas
around the perimeter of ~a.~ridge Island: battle PointNorthl
Il~aanita ~3 ~~ acres}, P.estaratio~ Paint X14 ~ acres}, burden
dove ~~~~ acres}, and Siff Point ~4~ acres},
hore~ae
E~~viran~nen~; A~uat~c~horeiines of Statewide it~,#~cance
~m~nar a~
~ra~osal: To harvest old ~eoducks from state owned subtidai bedlands
bordered ~~ eie~atians ~ 1 S to -7~ feet helo ~ tide. harvest areas
~lll be leased to conan~.ercial harvesters ~rha use boats bet~reen
~5 and 7~ feet long with a nort~al creme of t~ra divers aid a tender,
I~arvestin is requested to occur bet~veen, 8 ~ ~~ a,m, aid
~:~4 p.nr~~ anday through P~iday, except far Mate holidays,
Perrnissivn to harvest is sought on a year around basis, but ~~1
genera~xy be carried out ~~ a G~ day harvest ~indo~r in any area,
preda~.inar~tly in the fall ar minter. Con~unicatians between
divers and vessels ~i~l prirna~ily use a new low volume i~a~ear
system. ~]ec speakers employed xn the past ilk be used anl~ as a
bacl~up, Noise from boats ~r~~l be limited to 5 ~ dBA at ~~~ yards
from the souxce~ The permit ~~1 expire ~n eve years.
Pu~~~c ~ear~ng; Tine fearing ~~arniner conducted a pudic hea~~n on due nat~ce
on September 17, ~~49.
D~cisxon: The application xs approved, sub~~ct to condit~a~as~
~ ~ ~ ~
~ . The washing~on State Deparb~nent o~ natural ~esouxces ~D~l~} seeks ~
shoreline Substantial De~relo~ment and conditional Use Permit to authorize the
har~resting of gild eoducks ~ran~ state~owned tidelands around Bainbridge island for
period of fire yeaxs.
The hat~vesting will take place on Maur subtidal bracts totaling appro~in~ately
7a~ acres. They are: Battle Point ~orthla.n~anita ~~ a acres}, ~esteration Point ~ ~ 41
acres} Sl~iff Point ~4a acres}, and burden hover ~~~ acres. ~
3, Although the permit seeks perrnissian far har~rest year- around, hayresting ill
likely be predominantly can~ined to the fall and printer seasons. enerall~ ~ d~-day
harvest wlndav~ will be used in each axes, Harvesting will not occur In all eve areas In
any one year,
4, Harvesting ~vlll b conducted by commercial operators who secure leases franc
DNS to operate ~~ the assigned har~rest areas. Har~resting hours will be during weekdays
~e~cluslve of state holidays} between the hours of 5;~~ p,~n, and ~.3~ p,ra, Boats
involved in the harvest operations gill generally be between ~5 and 7~ feet long and the
operations will norn~a~ly in~rolve three persons ~ t~vo divers and a tender. The boats gill
anchor at least ~a0 yards offshore.
~. Hax~rest o~eratians will take pace underv~ater from subtidal lands between , ~ 8
anal -~'a feet below 4 tide on~~ressors an board will supply oxygen to the divers and
will dower water bets. The grater bets, appraxin~ately ~ 5~~~4 inches long with a ~8 inch
diameter nozzle, will be used to ll~uefy the substrate around a geoduck. Dp to 8~4
geoducks per day can be harvested on a high~density conxnaercia~ tract under gaol
digging conditions.
~, The uplands add scent to the harvest areas are in residential zones, ~n the past,
hardest V~V1~tlallk7 have generated oa~se COni~alnts. V~~V1. #.~~/ l V~7V~~ hG1,6 Y V17t la ~17L#~
y
con~nunications between direr and boat will be via a new type of ra~~a s~sten~ that
transmits to inwear receivers, Deck mounted speakers will be allowed only as a back up
s~stern. for shoreline residents, this should. eliminate the sound of the rhythmic breathing
of divers which has been disturbing to same the past, Harvest vessels are required to
use rnator noise da~xipening devices. False from boats, compressors and pumps may not
exceed ~~ dBA at 2~0 yards. The state will rnanitor the site to insure that the noise limits
are being met.
7. The maxxm,~urn number of vessels allo~red at any one tinne shall be ~ ~ for the
combined ~itsap County and Bainbridge island har~rest axes in Agate Passage, No nacre
1 Harvest in Harden dove began i~ 1~9~ and ~ an-going. because of prior harvesting a~etivity, harvest in
burden have under the subject permit will be limited and may not occur at all. The Port Madison Traci
was oriinal~y part of the application but has been removed and placed in reGOVery status,
"i
that l ~ harvest vessels shall be permitted an .~ ca~nbined harvest areas on either the east
ar vn the west side of Bainbridge Island at any one time.
S~ The harvested geoducks will be repar~ed and weighed in tl~e presence of R
staff members, ~Jnlaading will occur a atpre-ap~raved marinas or boat ramps. No
processing will take place onboard the harvest boats. The geoducks will be transported
franc the boats to processors ar to ~narket,~ Moorage for har~rest vessets will be at
locations other than harvest areas, a upland deve~opn~ent is proposed or associated with
the proposed harvest operations.
9, The overall eoduck harvest is managed by bath the State and various Tribal
resource managers, under a Harvest ~Vlanagement Plan that currently runs through larch
3 ~, ~~~ D. The Tribes are entitled to take Sa percent of the harvestable geoducl~s within
their usual and accustomed grounds and stations. allocation model agreed to by the
State and Tribes allows an annual harvest rate of ~,7 percent of the total cvrn.merc~a~
biarnass, The co~nrnerc~a~ b~on~ass consists of ~~ percent of the fatal eoduck bio~.ass in
Washington State. The ~,~~Io harvest is predicted to preserve ~~~~~1~ ofthe remaining
s~awaing potential of the population.
~~. Ceoducks are allowed to regenerate naturally and, as managed, the geoduek
populatio~a ~s expected to sustain itself at historic levels, The harvest i rotated around the
Puget Sound from yeas to year. once a site is harvested, It will not be harvested again
until surveys show that it has regenerated,
1 ~ . The instant permit aplicatxon relates only to the tate~managed. portion of
the harvest. The Mate geaduck harvest program is operated cooperatively by the DAR
and the Washington State I~epartn~ent afFish and'ildlife {I~F'L~}~ In general DF'L
handles the biological evaluation of sites and I~~R manages the leasing of the subtidal
beds and polio~n oi' operations.
l . The State canercial geoduck ~~shery harvested between 1.7 and ~, million
pounds afgeoducks annually between ~~~0 and ~~a~, while taking less than the States
share of the ~,7~I~. The harvest has generated an avexage of about ~8 n~i~~ion in annual
avenue far the State, which has been used far, among other things, recreation and
aquatic Iands enhancement. Doe ofthe programs funded by geoduck revenues involves
the enhancement and protection of eelgras beds.
l . environmental review far the subject app~~cations has been exhaustive. A
Final upplernenta~ Envirarental impact Statement for the State an~.mercial eoducl~
Fishery was issued by ~N~ and IFS in ~~a ~ , The S~Z was not appealed. The City of
Bainbridge island ~i~ adopted. this document in its revlcw of the sub j ect applicatiar~ are
August , ~~0~,
~ vst afthe geoduck harvested are sold live to buyers in Asia,
~ ~ ~ ~
~ ~, The ~~w perfarrns three separate surveys of each harvest area, initial
surrey ~ done to ~dent~f~ subt~dal beds suitable for geoduek harvest and to locate
eelgrass beds a~.d ether sensitive areas. A second survey about a year before harvest
inventories the geoduck population, studies a substrate, and identif ies the other features
of the biota. "the first two surveys provide xufarmation for establishing fishing
boundaries and har~rest times, ~ third survey occurs aver each harvest is ca~npleted, re-
inventaryxng tie geoduck populations and looking at effects on other plants and anirna~s,
~ ~. far the subject permit, a separate nvironznental assessment was prepared
far each afthe har~rest areas proposed. ~'hese were derived from biological field work ~
scuba divers who systematically explored the seabed, transect by transect. the work
included cQUnts and samples from whioh the density and average weight of geaducks
wero derived, observations of the substrate ~esj and identification oi~ the ether plants
and animals in each area,
~ ~, ~`he ~nvironxne~tal A,sess~nents led to an overall conclusion that no
significant adverse impacts are expected from the proposed harvest in any of the areas
studied. In general, the habitat for geoducks and pelagic ~~sh are distinct. ~a interaction
between the haxvest activity and salmon is expected because the har~rest areas are deeper
than~uvenile rearing areas and migratory corridors, dome herring spawning areas were
identified in the Skiff point and anzanita tracts, and lirnitatians will be instituted there
to prevent conflicts. ~n herring spawning areas geoducl~s rosy net be taken shove ~~5 feet
at any time and not above - feet during spawning. Eeelgrass beds axe excluded from
geaduck haxvest areas. ~ buffer of o vertical feet for around ~ ~~ horizontal feet is
established around eelgrass, meaning that geoduck harvest ~,~,~ occur only in areas o
feet deeper than the deepest ee~rass. ]~ungeness crabs occur in parts of three of the
proposed harvest tracts, but it is predicted that crabs will not be significantly dxstarbed by
the harvest activities. o adverse impacts on marine naa'nnnals and sea birds are
e~pectedt
17, The '~Nashingtan Mate l~epartn~ent of k~eaith ~~~} conducts a separate
review to ensure that Mate and p'ederal water quality standaxds axe net and that harvested
geoducks are safe for human consurnptian~ ~rivr to harvest each of the tracts must be
certified as "approved" by ~~~,
18, harvest areas will be marked with ara~age buoys prier to harvesting activities,
~~~. enforcement personnel will closely monitor the activities. each harvest vessel will
receive permission to go out. ~~ will observe anchor changes and ensure that harvest
occurs only within the marked areas at appropriate depths. D~~ will have di~rers on site
wig underwater oarneras. As noted, noise levels will also be monitored.
i. Under the local shoreline master pragratn ~~}, the general regulations for
avoidance of environmental impacts require protection of water quality, control of
pollutant discharges, control of hazardous material releases, ~ninirnizing of ad~rerse
impacts to fish and wildlife, non-interference with natural shoreline processes,
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nair~.inatzin adverse impacts an surrounding land uses, and avoidance of hazard s to pu~~~c
health ~ safety, See ~~ ~ ~. ~ ~. ~ 4~, ~n the record made, the prapased activities
comply Frith these requiren~ents~ ~isturbar~ce ofwater quality.11 be limited to
ten~porar~ sedi~.ent plumes associated pith ha~estin, These mill rapidl~r settle out,
~olluta~t d~seharges and che~n~cal releases are not proposed ar permitted. They are
unli~el~r to occur. ornpreher~si~re surveys disclose little likelihood of adverse ~mpaets to
~~~ and ~rildlife, atura~ shore processes ~r~~l be unaffected, poise can~ro~s should
prevent ad~rerse impacts to residences in a vicinity, D~~ rnonitor~ng mill insure that
public heath ~s protected.
~a. Ail of the harvest tracts are ~rithin the Aquatic Environrraent undex the ~,
Management policies far this env~ranent prohibit non water depende~at structures and
uses, encourage aquaculture an suitable beds, encourage protection of fishing anal mater
recre~tian, and coil for n~~nin~iz~ug interference ~r~th surface navigation and fish
migration, See ~ l ~.1 . l ~a. ~n the record made, the proposed activities co~npl~r
these requirements, No structures are proposed, ~ar~rest areas have been carefully
selected by e~per~s. ~ltiple use of the areas mad continue. Surface interference with
navigation wild be minimal.
~ 1, The harvest activities are a form of aquaculture. As such, harvesting is
a~io~red as a shoreline conditions use in the Aquatic ~nvir~nment, ~eta~led
requirements for the contents of aoiuaculture applications have ail been carnplied Frith,
ubstan~~ve requ~ren~er~ts for aquacultural development ha~re li~eise been met, See
~Z11~~ ~ ~~ ~ ~, ~ 7a. The apprq~a~ of this application vrill not result in damage to any
established aquacultural enterprise, ~o wildlife refuges ar habitats of sigr~i~cance far
birds of rnarnrnais have been identi~.ed within the areas of prapased har~rest, harvesting
is not proposed fn existing ~e~p beds ar eeigras beds Ternporar~ disruptxor~ of the
substrate ~l repair itself and not result in sxgni~~cant ad~rerse impacts.
2~i harel~ne conditional use criteria, requ~e that uses be consistent v~ith the
policies of the hare~lne anagernent Act ~ the policies of the ~; that proposed
uses not interfere vrith normal public use of public shorelines; that proposed uses be
compatible with other permitted uses in the area; that the proposed uses cause no
reaso~ab~e adverse irr~pacts to the hareline environ~ner~t desinatian; that the public
interest suffers no substantial detriment; and that the proposed use is cans~stent Frith the
provisions afthe applicable coning ordinance and on~prehensi~re flan. See I
l ~, l . a. ~n the record made, the proposal meets these criteria, arnpatihiix~r is
shovvr~ by the minimal impact an navigation, residential uses, recreation and the eisting
biota. The public interest is served by the generation of incanae for bath the State
and private enterprises.
~3, The Staff deport contains a thorough re~rie of the proposed activities in
light of the ~omprehensi~e plan's goals and policies, concluding that the proposal is
consistent vv~ith the ~lan~ See - Staff ~epvrt, pages 1 ~~ ~ .~ The kiearing ~~aminer concurs
with this analysis a~ad adopts the same, The Staff deport is b~ this reference incorporated
herein as though fully set Earth,
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~ ~ ~ ~
~~, B~ d~in~tion water ling seaward of the sine of extreme lam tide are
c~assi~ied as hare~ines of statewide ignificance~ finder the pal~cies afR' 9~~~~.a~a
and the ZVn', p~e~erence shall be given to uses on such shorelines, the fallowi~ag order
o~preference; {1 } Recognx~e and protect the state-wide interest over Iocal interest; ~~~
Preserve the natural character of the shoreline; {~ result xn long term aver short term
benefit; {4} Prated the resources and ecalag of the shoreline; ~~~ increase puh~ic access
to publici~ owned areas of the shorelines; ~d} increase recreational opportunities for the
public i~ tae shoreline,
~S, ~n a record made, the p~oposa~ affirati~vel~r conforms to the tap four of
these preferences and does not cause Interference wig doe lager ranked two, The permit
f its into a tateide pra~ra~n a~ ~ead~e n~anaen~er~t thrau a. ~.i~.imily ir~~as~~e
harvesting program that ef~f'ectivel presees natcxai features, fiver the long term the
benefit is the sustainable maintenance of a rene~rable resource. The ecolag~ of the
shoreline will not be seriausl~ disturbed,
~~. ~t the hearing six citizens testified to their concerns about the proposed
geadue~ harvesting operat~o~as, Principall~r they were concerned with noise,
enforcement, duration of operations, sustai~aabilit~ of the resource, a~ad xnapacts on birds,
rnanaa~s and marine life The pragr~ experts testifying for DNS and ~F'~V
effectively answered these concerns, They pointed out that the harvesting program of the
Tribes xs under sepaxate jurisdictxan and not covered b~ the subject permit. ~ list of
numbers of call to report enforcement carnplaints was distributed. The probable
annual duration of aperatYans was explained, ~nforn~at~on on sustainabilit~ and impacts
was reiterated, l~o~se was discussed spec~~~call~ and, it was emphas~~ed that the latest
co~nmun~cat~ons equipment does not use decla n~aunted speakers,
~7', ~] has stated that geaducla har~rest has been conducted in the State far over
4 dears without significant adverse environmental irnpact~ Taping the instant record as a
whale, the Exana~ner finds that the subject harvest operations have been naeticulausl~
planned and that, an the whole, the actlvit~ proposed is lil~el~ to be en~rironnaentally
benign, The Examiner finds that noise cancerns have been addressed adequately through
provisions far new equipment, the setting of standards, and the commitment to
n~onitaring,
8, The taf~reconanaends approval a~the application with a permit duration of
floe ~eaxs ~ the normal time ~'or a completion of a harelxne development, ~'he~ point out
that prior perr~aits far such haest act~v~ties have been granted b~ the its anal that the
experience wader those permits has, xn general, been gaol, The its has recornaaaended
faurteen conditions of a~ppraval which the Examiner has decided to adapt
~~. nor conclusion herein which naafi be deemed a finding is hereby adopted as
such,
~~ ~ ~ ~
Y ~Y ^ 1J if~+ ^ ~~ ~Ri i 1 ,
~, The ~Iea~in ~~anainer has~urisdicti~n over this proceeding.
~. The requirements of SPA have been naet~
3, The proposed harvest activity is ~, substantial deveroprnent under the Slaarel~ne
Management pct, ~ 9a.8.~3~~~}fie}, ~s such, it requires a hareline substantial
I~evelapnaent hermit, B~ virtue of the SZVIP tt also requires approval as ~ sha~elxne
conditional use. ~~ 1 , ~ 2,17.
4, ,~ substar~txal de~re~opment can be permitted when consistent with the
applicable naastex prop the policies of the Shoreline a~aagenaent pct, and the per~aait
ryes of the I~e~art~ment of Ecology. See ,~ I73~27- ~ 5~, The instant proposal ~aeets
these criteria,
~, ~. the instant case, the SIVI~ far Eainbridge island sat~sfactoril~r implements
the policies of the statate, finder the facts fa~und above, the proposal, as conditioned, is
consistent with this Racal Ste, ~ncludzn provisions far Shorelines of statewide
~n~ficance. ~o inconsistency with prav~sions of EcalQg~a s permit reu~atians hay
been identified. ,~ccord~n~~r, the proposal, as cond~t~oned, meets the requirements for
issuance of a Shoreline substantial ~evelopnaent perrnxt,
5, Under the facts found above, the proposal, as canditfaued, is consistent with
the cr~ter~a of EIII~~ I , l ~,3 ~ and therefore meets the requirement for the issuance of
~ Shoreline Canditiar~al use permit,
such.
~. And finding herein which rna~ be deemed a conclusion is hereby adopted as
C~~~XT~~NS
l , ~Iarvest within an equilibrium harvest rate.
a, The ashinton State I~epartnaent of natural resources ~~N~E.} and
'ashintan state I)epartnant of ~`ish and wildlife ~~Fw} shall naal~e
continuing information regarding geoduc suxve~s and biorn.ass
available to the it~r of Bainbridge island when such information. is
generated and published,
b, The equilibrium harvest rate for statewide naanaenaent of geoduc~ clams
is ~.7 percent of fishable geaduc stocl~s per scar, Dew is investigat~~ag
the regeneration rate of eoduck beds and mad produce data that changes
the statewide ~Ield far quota}, either an a statede rate, ar with ra~ea
applicable to biological regions of the state, If Dew determines a
different lamest rate an a statewide basis, them futuxe ~ geoduck
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sales an ~ statewise basis shall nat exceed the changed statewide field
for quota}. Zf ~~' determines geoduck Meld for different biolagxcal
regions, then further DNS. geoduck sales on a regional basis shall not
exceed the appropriate regional Meld der quota}.;
~, axxnrun~ harvest from each bed.
, No mare than 8~ percent of the eoducl~ population shah be haxvested
ron~ eaah tract.
b, onthl statistics on the number of geedr~eks harvested ~rorn the harvest
areas shall be available to the City upon request
3, contract compliance b~ DNR. DNR shah rrrainta~n its current da~~~
n~onitor~n of eoduck harvesting tv enforce terms of its contract with harvesters
to enforce the boundary of harvest areas and to enforce the noise control require-
ment ofits contract. The shal~vw water baundar~ of any tract shah be no lass
than -~ S feet ~be~ow 0 water} acrd the deepvrater boundary shall be -7a feet
below ~ water}.
a. Regardless of and depth restrictions, vessels conducting operations must
remain seaward of a lure two-hundred ~~~~} ~rards franc and parallel to the
ordinary high tide, Divers rna~r harvest up to the shallow water boundary
as determined by D~"'U~'.
b. DNR wild require a non hailer diver~to-tender con~nrun~catxora system.
~'he hailer systerrr shah be used only in cases of emergency ~ail~re,
~esse~s shall not be allowed. to return to harvest until the prirrraxy non
hailer sy'sterrr ~s firx~.ctxanal.
c. ~]~ shall not reduce its contract canrrpliance program in the pity of
Bainbridge island except aver Consultation and agreement nth the
pity of Bainbridge island,
4. Phone contact, DNS shall maintain a cellular phone an its contract
compliance vessel and publicize appropriate phone numbers to allow shoreline
residents to contact DNS and its conrplxance vessel and the ]~~''' patrol,
~, dog complaints and compliance, DNR shall keep a log of ail complaints and
Corrrpliance activity regarding harvest activities in the pity off` Bainbridge island
and make such information mailable to the pity upon request.
. ~elgrass. DNR shall not sell harvest rights to take geoduck clangs on an~r land
that ~~ has identi~ed as an eelgrass bed,
a. ~n geoduck areas with ad3acent eelgrass beds, the shoreward boundar~r
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of the area shall be not shal~oer than that set ~~ ~ 7~,~~,D~~ and
na sha~loer that t~ra ~Z} ~e~cal feet sea~rard of the deepest eelgrass
present;
b. ~ec~use eelrass exists bet~reen Siff Paint and ~'~~ ~axnbridge state
Park, tha sharerd harvest baundax~ xn this area shall be no sha~laer
than the ~2~ foot contour ~L~~,
~. ~en`~n~ spaningahftat ~~~te~t~~n
~., Far ~~~ tracts ~ shoreward boundaries of ~ ~ feet mean lover la~v mater
~l~~f-},
~~ ~"or ail tracts -- where eelgrass extends deeper than ~ ~ feet ~i~~'}, a
prvtect~on baundar~ of tiro ~2} vertical feet deeper than the deepest
occurrence of eelgrass ox~ the treat,
c, For tracts ~~. documented herring spa~ng fro -~~av~~a tie tract
ether closed to har~ret, ar harvest restricted to deeper than ~3 feet
during the t~n~ing ~indo~v far the herring spa~rning season,
d, Far tracts in dacu~.ented herring spurning grounds ~ shareard
boundaries of ~~ feet ALL}, or ~rhere the extent of marine algae
ca~era~ge is detern~~ned b~ surge, ~ protection boundary of tiro
~e~cai feet beyond the deepest occurrence o~ preferred rnar~ne algae
~rithin the tract
e. ~~ iii provide for ail hah~tat protection requxren~ents as identi~~ed b~
~F xn the n~iroru+nentai A.ssessn~ent reports for each tract,
f, DID will manage the ~ sherd to meet ESA habitat protect~an measures
required ~ the National Marino Fisheries Service Permit ~ ~~~ and the
C~n~ted Mates Fish and '~~d~ife Service Permit P.T~TE~ S7 1 ~~~,
~. ~"he "Lashingto~ Mate Depa~rtn~ent of health ~~~~~, No harvesting shall
occur in an~r area not dull certified b the State lepartn~ent of health,
9, Noise control. ~]N~ shall include contract requirements that geoduc~
harvesting ~ressels not exceed 50 dB~ measured ~~~ feet from the vessel,
~ ~. ~'i~ne of harvest, k~ax~et shall not exceed eight or~in~ hours per dad, and
those eight hours shall between S a,~n, and x;30 p,~n, No har~resting sha~I be
alla~red on Saturdays, Sunda~rs ar State holidays,
-~ -) ~ ~
~ ~ , ~pir~,tian, ~`he Shoreline ubta~tial ~]e~relo~rnent and Conditional use
Permit shall e~~~are eve years from the date o~ issuance. A near parrrtit .~ be
regnired for continued eaducl~ har~restin.
~ ~, laxirnun~ nun~~er of harvest ~ressels an tl~e l~ar~est are~rs.
~.~ o mare than ~ 5 l~ar~est ~ressels shall ~e pernaxt~ed ~n the can~bined
itsaP County and ~a~naridge ~slat~d haest areas in .ate Passage
at any one ttrr~e.
~, lea mars thin ~ ~ hat~est vessels sl~al~ be ~eitted on tl~e can~bined
harvest areas an either the east ~r on the crest side a~ Bainbridge Island
~t any one tl~Yle.
~ ~ T`he release of oil, chen~eals, or other hazardous materials onto or ~r~to tie
mater ~s prohibited, ~qui~m,ent for transportation, storage, and~i~ag, or
application a~ such materials sha~~ be maintained in a safe and lead-proof
cond~tian~ ~~the~e is e~ridence o~ leafage,the ~.rther use o~ such equipment
shall ~e suspended until the deficiency has been satis~actarily corrected, ~~.
shall rnair~tain an ~~l spill ~.espanse Plan ~vch shall be available to the City
an request.
~ 4, Tie use o~ public ramps, docks and n~anas as a-loading locations shall
not cause convicts nth the normal use and operation of the public facilities,
~~~~~~N
the requested hore~ine Substantial ~e~etopn~ent and Conditional Use Permit is
approved, subject to the conditions set Earth above.
B~N~ this nth day of ~ctaber, ~~
~~~~
Wick Dufford, Hearing Examiner Pro Tempare
~0~~: It is the responsibility of a. person seeing re~rie~r of a Baring ~~arniner
decisxan to consult applicable Code sections and other appropriate sources, including
State 1a, to determine his~her rights anal responsibilities reiati~re to appeal.
1a