(1) Permitted, conditional and prohibited aquaculture uses and developments within each shoreline environmental designation are to be based on CCC 35.10.090, Table 2-2, and as further prescribed by the policies and regulations of this chapter and Program. All aquaculture uses landward of the ordinary high water mark must also be a permitted use under the Clallam County Zoning Code, CCC Title 33.

(2) New in-water, finfish net pen aquaculture in marine waters involving the culture or farming of non-native species (e.g., Atlantic salmon) is prohibited.

(3) Aquaculture that does not involve geoduck or finfish production may be permitted in all shoreline environment designations through a substantial development permit or conditional use permit as indicated by Table 2-2 when it complies with this Program.

(4) Aquaculture uses and developments shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.

(5) Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture use shall be located, designed, and maintained to avoid, minimize and otherwise mitigate adverse impacts on ecological functions and processes.

(6) Upland structures accessory to aquaculture use that do not have a functional relationship to the water shall be located landward of shoreline buffers in Tables 6-1 and 6-2 and any critical area buffers as required in Chapter 35.35 CCC.

(7) Sleeping quarters and other work structures accessory to aquaculture use/development shall not be constructed in or over water. This regulation shall not preclude the use of moored watercraft for sleeping or work quarters when such moorage is consistent with this Program.

(8) Floating/hanging aquaculture structures and associated equipment shall not exceed six feet in height above the water’s surface. The Administrator may approve hoists and similar structures greater than six feet in height when there is a clear demonstration of need. The six-foot height limit shall not apply to vessels.

(9) Abandoned or failed aquaculture equipment shall be removed from the water and/or the adjacent shoreline buffer area identified in Tables 6-1 and 6-2.

(10) Aquaculture facilities, including finfish facilities and facilities for floating/hanging aquaculture, shall use colors and materials that when viewed from the shoreline blend into the surrounding environment in order to minimize visual impacts. This regulation shall not apply to navigation aids.

(11) Aquaculture use and development shall not materially interfere with intracoastal or international navigation routes, or access to adjacent waterfront properties, public recreation areas, or Tribal harvest areas. Mitigation shall be provided to offset such impacts where there is high probability that adverse impact would occur consistent with CCC 35.40.030. This provision shall not be interpreted to mean that an aquaculture operator is required to provide access across owned or leased tidelands at low tide for adjacent upland owners.

(12) Aquaculture use and development shall be sited so that scouring, shading and other adverse impacts to existing red/brown macroalgae (kelp) and eelgrass beds are avoided and minimized.

(13) Aquaculture use and development shall be designed and located so as not to spread disease to native aquatic life, establish new non-native species which cause ecological adverse impacts, or significantly impact the aesthetic qualities of the shoreline, as required by WAC 173-26-241(3)(b)(i)(C).

(14) Aquaculture uses and developments that require attaching structures to the bed or bottomlands shall use anchors, such as helical anchors or other methods that minimize disturbance to substrate.

(15) Where aquaculture use and development are authorized to use County facilities, such as boat launches or docks, the Administrator shall reserve the right to condition the permit to require the project proponent to pay a portion of the maintenance costs and any required improvements commensurate with the project proponent’s use. The County shall seek comment from the public agency managing any public facility proposed to be used as part of the aquaculture operations on applicable use fees or other use restrictions or requirements.

(16) Non-navigational directional lighting associated with aquaculture use and development shall be used wherever possible. The height of the light source above the water surface shall be the minimum necessary, not to exceed 80 inches, unless otherwise specified by State or federal requirements. Non-navigational lighting shall not adversely affect vessel traffic.

(17) Aquaculture waste materials and by-products shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (Chapter 90.48 RCW).

(18) The County shall require applicants for aquaculture developments provide a bond or similar financial surety to fund the removal of any abandoned or failed aquaculture facility. The amount of the bond shall be determined based upon the cost to remove the facility. The County shall waive this requirement where sufficient bond to address the intent of this standard is part of the State Aquatic Land Lease Authorization.

(19) Predator control measures used in aquaculture may not include those intended to kill or injure wildlife. Predator control methods must comply with federal and State regulations, as determined by applicable State and federal agencies.

(20) Project applicants must obtain all required State and federal approvals to ensure compliance with established water quality standards and regulations relating to the introduction or transfer of aquatic organisms into or within the County’s salt or fresh waters.

(21) The County may require the applicant to provide baseline and periodic surveys, assessments, and/or operational monitoring by a qualified professional to determine the magnitude of any adverse impacts. Permits shall include specific performance measures and provisions for adjustment or termination of the project if monitoring indicates adverse environmental impacts that cannot be adequately mitigated. The County may rely on documentation submitted by an aquaculture operator to federal or State agencies to satisfy any monitoring or reporting requirements.