Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part IV - OCEAN MANAGEMENT › Section 173-26-360 - Ocean management

Current through Register Vol. 24-14, July 15, 2024
(1)
				Purpose and intent. This section implements the Ocean Resources Management Act,
				(RCW
				43.143.005 through
				43.143.030 ) enacted in 1989 by
				the Washington state legislature. The law requires the department of ecology to
				develop guidelines and policies for the management of ocean uses and to serve
				as the basis for evaluation and modification of local shoreline management
				master programs of coastal local governments in Jefferson, Clallam, Grays
				Harbor, and Pacific counties. The guidelines are intended to clarify state
				shoreline management policy regarding use of coastal resources, address
				evolving interest in ocean development and prepare state and local agencies for
				new ocean developments and activities.
(2) Geographical application. The guidelines
				apply to Washington's coastal waters from Cape Disappointment directly south to
				the state border, including the mouth of the Columbia River, and from Cape
				Disappointment north one hundred sixty miles to Cape Flattery at the entrance
				to the Strait of Juan De Fuca including the offshore ocean area, the near shore
				area under state ownership, shorelines of the state, and their adjacent
				uplands. Their broadest application would include an area seaward two hundred
				miles (RCW 43.143.-020) and landward to include those uplands immediately
				adjacent to land under permit jurisdiction for which consistent planning is
				required under
				RCW
				90.58.340. The guidelines address uses
				occurring in Washington's coastal waters, but not impacts generated from
				activities offshore of Oregon, Alaska, California, or British Columbia or
				impacts from Washington's offshore on the Strait of Juan de Fuca, the Columbia
				River east of Cape Disappointment, or other inland marine waters.
(3) Ocean uses defined. Ocean uses are
				activities or developments involving renewable and/or nonrenewable resources
				that occur on Washington's coastal waters and includes their associated off
				shore, near shore, inland marine, shoreland, and upland facilities and the
				supply, service, and distribution activities, such as crew ships, circulating
				to and between the activities and developments. Ocean uses involving
				nonrenewable resources include such activities as extraction of oil, gas and
				minerals, energy production, disposal of waste products, and salvage. Ocean
				uses which generally involve sustainable use of renewable resources include
				commercial, recreational, and tribal fishing, aquaculture, recreation,
				shellfish harvesting, and pleasure craft activity.
(4) Relationship to existing management
				programs. These guidelines augment existing requirements of the Shoreline
				Management Act, chapter 90.58 RCW, and those chapters in Title 173 of the
				Washington Administrative Code that implement the act. They are not intended to
				modify current resource allocation procedures or regulations administered by
				other agencies, such as the Washington department of fisheries management of
				commercial, recreational, and tribal fisheries. They are not intended to
				regulate recreational uses or currently existing commercial uses involving
				fishing or other renewable marine or ocean resources. Every effort will be made
				to take into account tribal interests and programs in the guidelines and master
				program amendment processes. After inclusion in the state coastal zone
				management program, these guidelines and resultant master programs will be used
				for federal consistency purposes in evaluating federal permits and activities
				in Washington's coastal waters. Participation in the development of these
				guidelines and subsequent amendments to master programs will not preclude state
				and local government from opposing the introduction of new uses, such as oil
				and gas development.
These and other statutes, documents, and regulations referred
				  to or cited in these rules may be reviewed at the department of ecology,
				  headquarters in Lacey, Washington, for which the mailing address is P.O. Box
				  47600, Olympia, WA 98504. The physical address is 300 Desmond Drive S.E.,
				  Lacey, WA 98503.
(5)
				Regional approach. The guidelines are intended to foster a regional perspective
				and consistent approach for the management of ocean uses. While local
				governments may have need to vary their programs to accommodate local
				circumstances, local government should attempt and the department will review
				local programs for compliance with these guidelines and chapter 173-26 WAC:
				Shoreline Management Act guidelines for development of master programs. It is
				recognized that further amendments to the master programs may be required to
				address new information on critical and sensitive habitats and environmental
				impacts of ocean uses or to address future activities, such as oil development.
				In addition to the criteria in
				RCW
				43.143.030, these guidelines apply to ocean
				uses until local master program amendments are adopted. The amended master
				program shall be the basis for review of an action that is either located
				exclusively in, or its environmental impacts confined to, one county. Where a
				proposal clearly involves more than one local jurisdiction, the guidelines
				shall be applied and remain in effect in addition to the provisions of the
				local master programs.
(6) Permit
				criteria: Local government and the department may permit ocean or coastal uses
				and activities as a substantial development, variance or conditional use only
				if the criteria of
				RCW
				43.143.030(2) listed below
				are met or exceeded:
(a) There is a
				demonstrated significant local, state, or national need for the proposed use or
				activity;
(b) There is no
				reasonable alternative to meet the public need for the proposed use or
				activity;
(c) There will be no
				likely long-term significant adverse impacts to coastal or marine resources or
				uses;
(d) All reasonable steps are
				taken to avoid and minimize adverse environmental impacts, with special
				protection provided for the marine life and resources of the Columbia River,
				Willapa Bay and Grays Harbor estuaries, and Olympic National Park;
(e) All reasonable steps are taken to avoid
				and minimize adverse social and economic impacts, including impacts on
				aquaculture, recreation, tourism, navigation, air quality, and recreational,
				commercial, and tribal fishing;
(f)
				Compensation is provided to mitigate adverse impacts to coastal resources or
				uses;
(g) Plans and sufficient
				performance bonding are provided to ensure that the site will be rehabilitated
				after the use or activity is completed; and
(h) The use or activity complies with all
				applicable local, state, and federal laws and regulations.