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• Board Workshop with Ecology Team (1/2012)

• Ecology Feedback on Finfish Aquaculture (12/2011)

• County's Formal Response to Ecology (11/2011)

• Final Adoption Process Timeline (8/2011)

• Draft County Response to Ecology (6/2011)

• Finfish Aquaculture Information  (4/2011)

• County Consideration of Changes (2/2011)

• State Approval (1/2011)

• Responsiveness Summary (11/2010)

• Frequently Asked Questions (5/2010)

• State-wide Comment Period (4/2010)

The County continued its consideration of finfish aquaculture at a workshop between the Board of County Commissioners and a team of Ecology policy and technical experts on January 23, 2012.   Related materials include:

• BoCC Questions for Ecology

• Possible CUP Criteria

• Wild Fish Conservancy NW information on the ISA virus

• NOAA letter to Ecology

• Journal article on integrated management of cultured and wild fish populations

Meeting Follow-up:  It was a good dialogue that allowed participants to better understand each other and to consider how to find a solution to the current disagreement regarding in-water finfish aquaculture provisions to be included in the new SMP. The crux of this issue is that Ecology cannot support the complete prohibition of this water-dependent use as proposed by the County.  The state is pushing for the County to allow the activity when/where proposals meet review criteria for a Conditional Use Permit (CUP). While some criteria are included in the County's 10/31/11 proposed finfish provisions, Ecology has cautioned that such criteria must not result in a de facto ban.  The outcomes of the workshop include:

1. County staff will work with Ecology staff and technical experts from NOAA Fisheries, WA Department of Fish and Wildlife, and other agencies/entities as appropriate, to further evaluate how the existing guidance on net pen siting and operations would apply 'on the ground' in Jefferson County to identify if/where such activity could exist in local waters without unmitigated impacts to shoreline resources and adjacent uses.  Should this analysis identify locations where in-water finfish aquaculture would be considered feasible, staff would also work together to draft a set of proposed CUP review criteria.

2. County legal counsel will confer with State legal counsel to further evaluate the procedural issues related to if/when/how Ecology would pursue formal rule-making to finalize the County's new SMP.

3. NOAA Fisheries staff invited the County to visit the net pen research facility at the federal Manchester Lab to become more familiar with such operations as they are quite similar to commercial facilities.

Prior to preparing the ordinance package for adoption of the revised SMP via local ordinance, the County requested consultation from Ecology on the issue of finfish aquaculture to ensure there would be no problems upon submittal of the locally adopted SMP to the State for final adoption.  Ecology convened a team of policy and technical experts and met in-house to discuss the finfish provisions of the 10/31/11 formal response document.  Ecology has sent a letter providing their feedback that, in short, they will not support a complete prohibition of in-water finfish aquaculture as a limitation of a water-dependent use without adequate scientific analysis that shows there is nowhere in Jefferson County the use could be allowed with mitigation.  The Board will consider options for how to proceed - discussions with Ecology are anticipated to continue in early-2012.

• 12/7/11 Ecology Letter

In early-October, the Board directed staff to make revisions to the draft response document based on their review of public comments received and review of additional information about finfish aquaculture.  The Finfish Aquaculture Bibliography has been revised to reflect the numerous submittals by interested public.  Staff has prepared the County's formal response to Ecology regarding the 63 possible changes to the Locally Approved SMP.  This formal response will be submitted to Ecology along with the final SMP after the Board takes formal action to adopt the revised SMP by local ordinance.  Ecology has the authority for final review and approval, and the new Jefferson County SMP will take effect upon Ecology's final adoption.

Note: These documents are provided as a courtesy; there is currently no public comment period open on these materials or the SMP Update.

Staff is working to prepare the revised SMP document as part of the ordinance package for final Board adoption of the SMP.

The following steps are part of the final adoption process:

• Public comment period closed on July 25, 2011

• Board considered public input to finalize a formal response to Ecology on changes to be made to the Locally Approved SMP;

• Board will adopt the updated SMP (with changes) via local ordinance, to become effective upon Ecology's final adoption;

• Board will officially submit formal County Response and locally adopted SMP to Ecology;

• Ecology will consider County Response and the SMP and may either:

1) adopt Jefferson County's updated SMP; or

2) further negotiate with County on certain changes before final adoption of updated SMP

• The new SMP will be in effect upon Ecology's final adoption; per state timeline requirements.

On June 22, 2011, the Board of County Commissioners released its draft response to Ecology about 63 possible changes to the Locally Approved Shoreline Master Program (LA-SMP).  The Board invited review and input by conducting a month-long public comment period including a public hearing held on July 11, 2011.

The Draft Jefferson County Response to Ecology on Changes to the LA-SMP ("Draft County Response") matrix of 63 possible changes, including maps, is available below for review and download:

A public review copy of the Draft County Response document (matrix + maps) is available at the Department of Community Development office (621 Sheridan St., Port Townsend, WA 98368).  A limited supply of hand-out copies for the public is currently available.

As the County considers its response to Ecology on required changes to the proposed policies and regulations regarding finfish aquaculture, additional literature and technical information is being considered.  Review those materials via the Laserfiche WebLink.  Instructions below:

As additional materials are obtained they'll be added to the Laserfiche collection.

Upon receipt of Ecology's conditional approval of the Locally Approved Shoreline Master Program (LA-SMP), the Board of County Commissioners (BoCC) must consider the required and recommended changes and respond to Ecology as to whether the County accepts, declines or proposes alternative changes.  BoCC agendas are posted here.  Below are details of this process:

6/20/11 - BoCC approved the Draft County Response for public review regarding 63 possible changes to the LA-SMP, including finfish aquaculture provisions and two mapping changes, and approved the publication of a legal notice to hold a comment period and public hearing.  Staff was directed to correct a mapping error to accurately reflect the Board's intent.

• Draft County Response w/ maps

• Draft Legal Notice

6/6/11 - BoCC reviewed draft finfish aquaculture code proposal and directed staff to make final edits and mapping revisions for the Draft County Response to Ecology on Changes to LA-SMP ("Draft County Response") in preparation for publishing a legal notice for a comment period and public hearing.

• Revised Draft Finfish Aquaculture Code Supplement

4/25/11 - BoCC continued their discussion of finfish/net pen aquaculture, advised staff to temporarily cap the collection of additional literature, requested staff to prepare a revised draft of finfish aquaculture code proposal, and sent a letter to Ecology regarding project status:

• Revised Bibliography of Finfish Aquaculture Information (84 items)

4/18/11 - BoCC continued their discussion of finfish/net pen aquaculture and agreed to take more time to review the growing collection of literature on the subject.

• Bibliography of Finfish Aquaculture Information (61 items)

3/21/11 - BoCC continued their review of the draft response on finfish/net pen aquaculture. The pending public comment period/hearing is on hold until further notice. BoCC to further consider draft response in light of key supporting documents at future meeting (TBD).  Handouts included:

3/14/11 - BoCC completed review of draft response to Ecology except for changes to finfish/net pen aquaculture provisions.  Additional discussion needed, so public hearing date not yet determined.  Handouts included:

• DRAFT Jefferson County Response to Ecology on Changes to LA-SMP (working draft)

• Draft Response - Finfish & Net Pen Aquaculture (working draft)

• Draft Legal Notice (withdrawn from Leader; hearing date pending)

• Shoreline Environment Designations Summary (AQ adjacent to CONS, SR, HI)

• Whatcom County SMP Aquaculture provisions

3/7/11 - Continued BoCC review of possible changes to LA-SMP.  Staff was directed to prepare draft response to Ecology including Whatcom-type provisions for finfish/net pen aquaculture.

2/28/11 - BoCC continued their review of the DCD Recommendation and agreed with most of the staff guidance.  Further consideration on some topics will continue at the next meeting.  One handout was provided:

• Final Review & Adoption Process flowchart

2/22/11 - BoCC began their review of the DCD Recommendation on Ecology's required and recommended changes and additional revisions proposed for clarification.  BoCC agreed to send a letter to Ecology advising that the County's response will be submitted by April 30, 2011.  BoCC indicated another public hearing is anticipated in March on some/all possible changes.  Staff provided the following materials and handouts:

• DCD Notes - citations, page numbers and proposed clarifications ('revised master list')

• Draft BoCC letter to Ecology

• DCD Recommendation (61 possible changes)

• Possible finfish/net pen aquaculture locations (Note: locations are approximate; see Official Shoreline Maps for specific marine shoreline reaches and shoreline environment designations)

2/7/11 - BoCC began their initial review of Ecology's approval with required and recommended changes. Staff provided a handout with corrected citations and added page number references to assist review.  And the Chief Civil Deputy Prosecuting Attorney (DPA) provided a matrix to review alternatives related to another public hearing. BoCC directed staff to prepare a recommendation on possible changes.  See these materials below:

• DCD Notes - citations & page numbers

• DPA Matrix - public hearing alternatives

On January 26, 2011, the Washington Department of Ecology announced their conditional approval of the Locally Approved SMP pending some required changes.  The letter from Ecology's Director with attachments are posted below, and are online at the state website:

• 1-26-2011 Letter from Ecology

• Attachment A. Findings and Conclusions

• Attachment B. Required Changes

• Attachment C. Recommended Changes

Ecology sent notification to a mailing list of over 3,000 shoreline property owners and an email list of over 600 interested parties.  See the letter below:

• 1-27-2011 Interested Parties Letter

Ecology also distributed a press release to regional media and local newspapers to announce their approval of the County's SMP.

Next steps include County review of the required changes and response to Ecology to accept or provide alternative changes, State final adoption and County final adoption by ordinance.

As required by state SMP Guidelines, the County has prepared a review of and response to the issues raised by over 300 comment letters/testimonies received during the state-wide public comment period.  The Responsiveness Summary groups individual comments into topics, identifies issues of public interest and responds generally to those issues.  The original June 2010 due date was extended twice by request to Ecology to allow review of the large volume of comment received. 

View related documents below:

See below for letters/testimony submitted during the state-wide public comment period.

Frequently Asked Questions (FAQ)

As part of the ongoing effort to keep citizens and stakeholders informed, a new informational handout has been prepared by Jefferson County to address issues commonly heard from interested parties.  Further, the state Department of Ecology provides numerous resources to educate and engage the public. 

Jefferson County Deputy Prosecuting Attorney has prepared two memos specific to public interests in the issue of 'takings' regarding private property rights.

Additional materials help explain the science used to determine the proposed buffers.

Click below to view the following:

• Jefferson County FAQ: Shoreline Master Program Update (5/27/10)

• Ecology's Citizens Guide to Shoreline Master Programs

• Alvarez Memo on Takings Analysis (7/8/10)

• Legal Review on Takings (Feb '10)

• Buffer Science Summary handout (Sept '09)

The Washington Department of Ecology accepted public comments on the Locally Approved SMP from April 12 to May 11, 2010 and held a public hearing on April 20 at Fort Worden Sate Park in Port Townsend.  Learn more about the status of the state review process on the state website.

Public comments received by the State are available for viewing online by following the Laserfiche WebLink viewing instructions.  Click on the 'State-wide Comments_2010'  subfolder under 'SMP'.  An Item Log is provided as a table of contents.