(1) Permitted, conditional and prohibited upland or in-water finfish aquaculture uses and developments, including net pens as defined in Chapter 35.55 CCC, 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. 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.

(2) In evaluating conditional use proposals for in-water finfish aquaculture use/development the County shall use the most recent regulatory information from State and federal agencies to ensure that the provisions of this Program are being met and that the proposal meets all required State and federal water quality and aquaculture compliance standards.

(3) Finfish aquaculture facilities shall avoid the release of herbicides, pesticides, antibiotics, fertilizers, nonindigenous species, parasites, viruses, pharmaceuticals, genetically modified organisms, feed, or other materials known to be harmful into surrounding waters.

(4) The depth of water below the bottom of any in-water finfish aquaculture facility shall be sufficient to prevent adverse impacts on benthic communities.

(5) The pen configuration (e.g., parallel rows, compact blocks of square enclosures, or clusters of round enclosures) of any in-water finfish aquaculture facility shall be designed and maintained to minimize the depth and lateral extent of solids accumulation.

(6) The use of unpelletized wet feed shall be prohibited to minimize undigested feed reaching the benthos or attracting scavengers in the water column.

(7) When necessary, vaccination is preferred over the use of antibiotics. Only FDA-approved antibiotics shall be used and such use shall be reported to the State as required.

(8) All in-water finfish aquaculture facilities shall be located to avoid adverse impacts on critical saltwater and critical freshwater habitats as defined herein.

(9) In-water finfish aquaculture facilities shall comply with existing State and federal regulations to ensure importation of species does not adversely impact native species.

(10) In-water finfish aquaculture facilities shall comply with State and federal requirements to control pests, parasites, diseases, viruses and pathogens and to prevent escapement including, but not limited to, those for certified eggs, approved import/transport and live fish transfer protocols, escapement prevention, reporting and recapture plans, and disease inspection and control.

(11) Monitoring of seabed beneath a finfish pen is required for changes in the bathos and appearance of scavengers in the water column. Independent monitoring is necessary with changes reported to the County as required. The County may rely on documentation submitted by an aquaculture operator to federal or State agencies to satisfy any monitoring or reporting requirements.

(12) Introduction of a new species, changing the species cultivated, expansions of the physical area cultivated or relocation of the aquaculture operation is considered a new use/development and shall require a new permit and compliance with this Program.

(13) In-water finfish net pen operations shall not be permitted to use firearms or underwater noise emitting devices to drive off birds or marine mammals that may be attracted to the net pen.

(14) Clallam County shall use the most current, accurate, complete, available and applicable science appropriate for permitting the location of in-water finfish facilities, including net pens, to protect our natural resources such as National Wildlife Refuges, seal and sea lion haulouts, seabird nesting colonies or other habitats identified as critical feeding or migration areas for birds and mammals.

(15) The County shall require the applicant to provide baseline and periodic surveys, assessments, and operational monitoring by a qualified professional to determine the magnitude of any adverse impacts. Conditional use 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.