35.15.060 Policies.
(1) Aquaculture is of statewide interest and is important to the long-term economic viability, cultural heritage and environmental health of Clallam County. Properly managed, it can result in long-term benefit and can protect the resources and ecology of the shoreline. Aquaculture is dependent on the use of the water area and is a preferred use of the water area when pollution is controlled and damage to the environment is prevented.
(2) Aquaculture should not be permitted in areas where it would result in a net loss of ecological functions. Impacts to ecological functions shall be mitigated according to the mitigation sequence described in CCC 35.40.030.
(3) Aquaculture use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will minimize adverse environmental impacts. The County should support aquaculture uses and developments that:
(a) Protect and improve water quality; and
(b) Minimize damage to important nearshore habitats; and
(c) Minimize interference with navigation and normal public use of surface waters; and
(d) Minimize the potential for cumulative adverse impacts, such as those resulting from in-water structures/apparatus/equipment, land-based facilities; and
(e) Minimize substrate disturbance/modification (including rate, frequency, and spatial extent).
(4) The County should support tideland aquaculture use and development when consistent with this Program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting nonaquaculture use and development on these tidelands.
(5) Chemicals and fertilizers used in aquaculture operations should be used in accordance with State and federal laws, and this Program.
(6) Aquaculture uses/developments should incorporate appropriate measures to mitigate adverse impacts on people and the environment and when they demonstrate that the use/development will not:
(a) Materially and adversely disrupt important intracoastal or international navigation routes; or
(b) Cause adverse impacts on water quality, sediment quality, benthic and pelagic organisms, and/or wild fish populations; or
(c) Cause adverse impacts on critical saltwater or critical freshwater habitats; or
(d) Cause adverse impacts to Tribal fishing tracts or other Treaty fisheries resources; or
(e) Conflict with other legally established water-dependent uses, including normal public use of the surface waters.
(7) When a new aquaculture facility is proposed, the County should provide for public notice consistent with this Program and Chapter 26.10 CCC and notice to tribes with usual and accustomed fishing rights to the area.
(8) The County recognizes that potential locations for aquaculture may be restricted due to specific requirements for water quality, temperature, flows, oxygen, adjacent land uses, wind protection, commercial navigation, and/or salinity, and that technology associated with some forms of existing aquaculture is still in its formative stages. These limiting factors necessitate some experimental latitude in the development of this use as long as its potential impacts are taken into account. Experimental aquaculture projects in water bodies should be limited in scale and duration until their effects can be adequately understood. Flexibility to experiment with new aquaculture techniques should be allowed when consistent with State and federal regulations and this Program and when properly monitored.
(9) Commercial net pen aquaculture operations that propagate non-native finfish species shall be prohibited. Commercial net pen aquaculture operations that propagate native finfish species should be monitored and have contingency plans to address escapement, disease transmission, or significant waste-related environmental impacts.
(10) Development accessory to aquaculture planting and harvesting should be located landward of the minimum shoreline buffers (Chapter 35.30 CCC) and critical area buffers (Chapter 35.35 CCC), unless it requires a location in, over, or adjacent to the water.
(11) Cooperative arrangements between aquaculture growers and public recreation agencies are encouraged so that public use of public shorelines can be enhanced, where appropriate, and conflicts between public use of public shorelines and aquaculture operations is minimized or eliminated.
(12) The County should review proposals for new aquaculture developments to determine if any such development would thwart or substantially compromise past or planned restoration actions. The County should work with the proponents of each project to resolve likely conflicts between aquaculture development and planned restoration.
(13) The County should minimize redundancy between federal, State and local commercial aquaculture permit application requirements by accepting documentation that has been submitted to other permitting agencies, and using permit applications that are compatible with federal or State permit applications.
(14) County authorizations for aquaculture uses/developments should indicate that, prior to commencing activities, project applicants must obtain State and federal approvals required for those activities.
(15) Avoid degradation of water quality of existing shellfish areas from upland uses.