Article XIII. Ocean Management
35.15.640 Applicability.
The ocean use policies, regulations, and permitting procedures apply as follows:
(1) Ocean Resources Management Act (ORMA; Chapter 43.143 RCW). Ocean uses and developments proposed within the ORMA geographical area must be consistent with ocean use policies and regulations and reviewed using the additional approval criteria of CCC 35.15.650. The applicable ORMA geographical area covers Washington coastal waters from Cape Disappointment directly south to the State border, including the mouth of the Columbia River, and from Cape Disappointment north 160 miles to Cape Flattery at the entrance to the Strait of Juan De Fuca including the offshore ocean area within State waters (from OHWM out to three nautical miles), the nearshore area under State ownership, shorelines of the State, and their adjacent uplands.
(a) Geographic Application. The ocean management provisions of this chapter apply to the Pacific Ocean shorelines of statewide significance, coastal waters and those associated shorelands located within Clallam County.
(2) Marine Spatial Plan (MSP). New ocean uses and developments proposed within the MSP study area must be consistent with the ocean use policies, regulations, and procedural requirements of CCC 35.15.660. The MSP study area covers marine waters of the Pacific Ocean within State waters (from OHWM out to three nautical miles).
(a) The MSP applies to a proposed project only if all three of the following criteria are met:
(i) Occurs within the geographic boundaries of the MSP study area;
(ii) Will adversely impact renewable resources or existing ocean uses; and
(iii) Is a “new use,” as defined by the MSP.
(b) All new ocean uses proposed within the MSP study area must be consistent with the protection standards for ISUs and fisheries and reviewed using the additional process requirements for new ocean use proposals.
(c) Applicability of ISU Protection Standards. The State has developed maps of ISUs using the best available data at the time of the MSP development. These maps are intended to assist applicants in identifying where ISUs exist. As finer resolution or updated data becomes available, the State may update the ISU maps, which may include adding, deleting or updating the distribution of an ISU. 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 new ocean use project area and to demonstrate protection standards will be met.