Issue of fish farm pens splits Jefferson commissioners, state Ecology

PORT TOWNSEND — Jefferson County’s revision of its Shoreline Management Plan is good to go, aside from regulations governing fish-farming net pens.

Those remain a sticking point, with the state Department of Ecology saying the net pens are beyond the county’s jurisdiction, and county commissioners maintaining otherwise.

The commissioners met on Monday to continue their attempt to carve out a compromise between “all and none,” as characterized by shoreline manager Michelle McConnell, seeking a middle ground where net pens would be allowed with certain restrictions after a permitting process.

The specifics of that process has been the subject of discussion for three consecutive commissioners meetings and is scheduled for a fourth — at 10 a.m. Monday in the Jefferson County Courthouse, 820 Jefferson St., Port Townsend.

During their original 2009 deliberations on the Shoreline Management Plan, the commissioners sought to prohibit net pens over what they say is an adverse ecological effect.

Since Ecology’s ruling that net pens cannot be prohibited outright, that county staff has drafted a proposal that would allow such pens within certain parameters.

This includes licensing of the operation and monitoring its ecological impact, adhering to provisions set out by the Clean Water Act and accepted waste disposal standards.

During discussion Monday, Commissioner Phil Johnson expressed concerns about waste disposal and said that standards needed to be developed rather than leaving enforcement standards to the judgment of future bureaucrats.

“Regulating common sense makes me nervous,” he said.

“I would like to see some guidelines in place.”

Locations of net pens could also be restricted with regard to their proximity to wildlife refuges or the high water line, according to the staff draft.

The county has no estimates about the demand for net pens and how many businesses would seek permits if the ban was not enacted.

There are no net pens in Jefferson County and there are no permit requests pending, according to McConnell.

The commissioners received a letter last month from attorney Richard M. Elliott, who represents the Washington Fish Growers Association, which opposes restrictions on net pens.

Elliott wrote that his clients will testify against the ban when a public hearing takes place.

This hearing will be scheduled once the commissioners agree on the compromise language, and will allow the public to provide input about the new policy.

The hearing was scheduled for March 29, but on Monday, after an afternoon of discussion, the commissioners decided they need another week to craft the compromise.

The public hearing is now unscheduled but could be as soon as April 4.

The county is scheduled to submit the next draft by April 30, but that could be postponed.

McConnell said on Monday that the topic “could go back and forth several times” before agreement is reached.

“When Ecology makes a ruling, they like for all parties to be on board — but they may make a ruling if an agreement isn’t reached within a reasonable time,” she said.

________

Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.

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