35.15.670 Ocean management regulations

35.15.670 Ocean management regulations.

(1) The following ORMA ocean management regulations apply to all shoreline permits for newly proposed ocean uses, their services, distribution, and supply activities and their associated facilities:

(a) Oil and gas exploration, development, and production is prohibited in tidal or submerged lands extending from the mean high tide seaward three miles.

(b) Seafloor mining may be allowed consistent with all of the following:

(i) The applicant has demonstrated that the location and operation has been designed in a manner that has no detrimental effects on ground fishing, renewable resource uses, beach erosion and accretion processes; and

(ii) The applicant has provided for mitigation of impacts that accounts for the established habitat recovery rates.

(i) The location, construction, and operation has been designed in a manner that has no detrimental effects on beach erosion, accretion, and wave processes;

(ii) The effect of the project on upwelling and other oceanographic and ecosystem processes has been assessed; and

(iii) Associated energy distribution facilities and lines are located in existing utility rights-of-way and corridors, whenever feasible.

(d) Ocean disposal uses may be allowed when the applicant has demonstrated the following:

(i) Storage, loading, transporting, and disposal of materials shall be done in conformance with local, State, and federal requirements for protection of the environment;

(ii) The ocean disposal site has been approved by the Washington Department of Ecology, the Washington Department of Natural Resources, the United States Environmental Protection Agency, and the United States Army Corps of Engineers, as appropriate. Ocean disposal sites for which the primary purpose is habitat enhancement may be located in a wider variety of locations;

(iii) The ocean disposal site has been located and designed to prevent, avoid, and minimize adverse impacts on environmentally critical and sensitive habitats, coastal resources and uses, or loss of opportunities for mineral resource development; and

(iv) Ocean disposal should be sited in areas where the dredge material will provide beneficial use to the greatest extent possible.

(e) Ocean transportation uses may be allowed consistent with the following:

(i) The applicant has provided an assessment of the impacts the proposed transportation use will have on renewable resource activities such as fishing and on environmentally critical and sensitive habitat areas, environmental and scientific preserves and sanctuaries.

(ii) When feasible, hazardous materials such as oil, gas, explosives and chemicals should not be transported through highly productive commercial, Tribal, or recreational fishing areas. If no such feasible route exists, the routes used should pose the least environmental risk.

(iii) Transportation uses should be located or routed to avoid habitat areas of endangered or threatened species, environmentally critical and sensitive habitats, migration routes of marine species and birds, marine sanctuaries and environmental or scientific preserves to the maximum extent feasible.

(f) Ocean research uses may be allowed consistent with the following:

(i) Other ocean uses occurring in the same area have been identified and potential use conflicts have been minimized.

(ii) Ocean research meeting the definition of “exploration activity” of WAC 173-15-020 shall comply with the requirements of Chapter 173-15 WAC: Permits for oil or natural gas exploration activities conducted from State marine waters.

(iii) The project has been located and will be operated in a manner that minimizes intrusion into or disturbance of the coastal waters environment consistent with the purposes of the research and the intent of the general ocean use guidelines.

(iv) Upon completion or discontinuance of the ocean research the site shall be restored to its original condition to the maximum extent feasible, consistent with the purposes of the research.

(v) Ocean research findings should be made available for public dissemination, whenever feasible.

(g) Ocean salvage uses may be allowed consistent with the following:

(i) Nonemergency marine salvage and historic shipwreck salvage activities should be conducted in a manner that minimizes adverse impacts to the coastal waters environment and renewable resource uses such as fishing.

(ii) Nonemergency marine salvage and historic shipwreck salvage activities should not be conducted in areas of cultural or historic significance unless part of a scientific effort sanctioned by appropriate governmental agencies.

(2) Important, Sensitive and Unique Areas (ISUs) Designation. The ISUs assign protection standards and definitions for adverse effects for a list of ecological, historic, cultural, and infrastructure areas. The MSP provides maps utilizing the best available data on ISU locations.

(i) Biogenic habitats: aquatic vegetation, corals, and sponges.

(ii) Rocky reefs.

(iii) Seabird colonies: islands and rocks used for foraging and nesting by seabirds.

(iv) Pinniped haulouts.

(v) Forage fish spawning areas: intertidal areas used for spawning by herring, smelt or other forage fish.

(i) Historic and archaeological sites: structures or sites over 45 years old that are listed or eligible for listing in local, State or national preservation registers (e.g., shipwrecks or lighthouses); or artifacts or other material evidence of Tribal or historic use or occupation (e.g., burials, village sites, or middens).

(ii) Buoys and submarine cables: fixed infrastructure such as navigation or monitoring buoys, fiber optic cables, electrical transmission cables, other fixed monitoring equipment in the marine environment (e.g., hydrophones) and any associated mooring lines, anchors or other equipment.

(3) ISU Mapping and Location. The State has developed maps of ISUs intended to assist applicants in identifying where ISUs exist. https://www.msp.wa.gov/important-sensitive-and-unique-areas-isus/. However, ISU protection standards will apply to any ISU, wherever it is identified in State waters. It is the responsibility of applicants to verify whether ISUs exist in their proposed project area and to demonstrate protection standards will be met.

(4) ISU Protection Standards. New ocean uses should only be allowed when the applicant can demonstrate consistency with the following ISU adverse effects and protection standards:

(a) An applicant for proposed new ocean uses involving offshore development must demonstrate that the project will have no adverse effects on an ISU located at the project site and to off-site ISUs potentially affected by the project, using site-specific surveys, scientific data and analysis, which demonstrate either:

(i) The current ISU maps do not accurately characterize the resource or use or the project area (mapped or not mapped) does not contain an ISU resource or use; or

(ii) The weight of scientific evidence clearly indicates that the project will cause no adverse effects to the resources of the ISU.

(A) Adverse effects standards for ecological ISUs means degradation of ecosystem function and integrity (direct habitat damage, burial of habitat, habitat erosion, and reduction in biological diversity) or degradation of living marine organisms (abundance, individual growth, density, species diversity, and species behavior).

(B) Adverse effects standards for historic, cultural or fixed infrastructure ISUs include the following:

1. Direct impacts from dredging, dumping, or filling;

2. Alteration, destruction or defacement of historic, archaeological or cultural artifacts; and

3. Direct impacts from placement or maintenance of new, temporary or permanent structures in areas with existing infrastructure or historic, archaeological or cultural artifacts.

(b) Additional buffers may be appropriate to protect ISU resources from adverse effects. Project developers shall consult with the Washington Department of Fish and Wildlife on recommended buffers for ecological ISUs associated with their proposed project prior to filing application materials with local or State agencies. Project developers shall consult with the Washington Department of Archaeological and Historical Preservation and Tribal preservation officers on further identification and protection of cultural or historical artifacts.

(5) Applicants for proposed new ocean uses involving offshore development must consult with WDFW, individuals participating in affected commercial and recreational fisheries, and each of the coastal tribes to identify and understand the proposed project’s potential adverse effects to fisheries and Tribal uses.

(6) Fisheries Protection Standards. New ocean uses involving offshore development shall only be allowed when the applicant can demonstrate that their project meets all of the following standards to protect fisheries located at the project site and nearby from adverse effects:

(a) There are no likely long-term significant adverse effects for commercial or recreational fisheries. Adverse effects can be direct, indirect or cumulative.

(i) A significant reduction in the access of commercial or recreational fisheries to the resource used by any fishery or a fishing community(s);

(ii) A significant increase in the risk to entangle fishing gear;

(iii) A significant reduction in navigation safety for commercial and recreational fisheries; and

(iv) Environmental harm that significantly reduces quality or quantity of marine resources available for harvest.

(b) All reasonable steps are taken to avoid and minimize social and economic impacts to fishing.

(i) Avoid adverse social and economic impacts to fishing through proposed project location, design, construction, and operation, such as avoiding heavily used fishing areas. Where adverse impacts to fishing cannot be reasonably avoided, demonstrate how project has minimized impacts;

(ii) Minimize the number of and size of anchors. Space structures for greater compatibility with existing uses and bury cables in the seafloor and through the shoreline;

(iii) Minimize risk of entangling fishing gear from new structures installed in the seafloor or placed in the water. Minimize the displacement of fishers from traditional fishing areas, and the related impact on the travel distance, routing, and navigation safety in order to fish in alternative areas;

(iv) Minimize the compression of fishing effort caused by the reduction in the areas normally accessible to fishers;

(v) Minimize the economic impact resulting from the reduction in area available for commercial and recreational fishing for the affected sectors and ports;

(vi) Limit the number and size of projects located in an area to minimize the impact on a particular port, sector, or fishery;

(vii) Consider the distribution of projects and their cumulative effects; and

(viii) Other reasonable and relevant considerations as determined by the fisheries consultation process and specifics of the proposed project.