Pierce County Appeals Shorelines Hearings Board Reversal of Detienne Geoduck Farm

Location of proposed Detienne

subtidal geoduck farm.

SHB reverses/denies Pierce County permit approval.

Petition for Review filed by Pierce County
Pierce County has filed a Petition for Review of the Shorelines Hearings Board (SHB) reversal and denial of the county's permit approval for a subtidal geoduck farm.

What Pierce County does not question about the SHB decision
Filed with the Superior Court in Pierce County, the Petition does not question the need for a cumulative impacts analysis. The Petition does not question that eelgrass buffers were found to be inadequate in protecting this valuable habitat. The Petition does not question that the farm's lack of eelgrass habitat protection means it is not in the state-wide interest.

What Pierce County claims
The Petition relies instead on Pierce County simply claiming that because it could not find the Coalition for the Protection of Puget Sound Habitat's Petition for Review mailed to the County Auditor it was not served (despite a second copy having been mailed to the Prosecuting Attorney).

Note: Perhaps indicative of a deeper organizational problem, Pierce County also claimed to have emailed notice of a mitigated determination of non-significance (MDNS) to a large number of citizens. When questioned, Pierce County admitted it had in fact not done so. When the email was finally sent the public comment period had closed.

The SHB states otherwise
The SHB found the "...June 26 Declaration [of Service] to be conclusive evidence that the Coalition effected service on the County Auditor." The SHB cites from Leen v. Demopolis and states firmly, "...the burden is upon the person attacking the service to show by clear and convincing proof that the service was improper." The SHB goes further and notes that the Auditor's Office being unable to "...locate a copy of the petition is not dispositive of whether the Coalition mailed it." It concludes that "...the Coalition timely completed service on the County Auditor..." and denied the County's Motion to dismiss the case.

This is not in the state wide interest.

Expanding Aquaculture Requires Cumulative Impacts Analysis
Current methods used for growing shellfish on and in the tidelands of Puget Sound are far different now than when the Shoreline Management Act was passed in the early 1970's. Use of PVC pipes, plastic grow-out bags, nets and water jets for harvesting are transforming large and contiguous tideland areas. The ability of Puget Sound's shoreline habitat to support a large and diverse population of marine species is being converted into one with unnaturally high densities of shellfish. Harvesting these high density mono-lithic populations serves only to limit further the tideland's ability to support the diversity which has existed for generations, and puts at risk what future generations will experience.

NOAA: Plastic grow-out bags provide habitat.

Really?

 

 

Get involved in Pierce County shoreline politics - the shellfish industry is

Attend Pierce County's upcoming Shoreline Management Program meetings and tell them it is time to protect Puget Sound's habitat and not bend to the shellfish industry's needs.

 

Monday, March 3, 2014 – 1:30 p.m.
County-City Building, Room 1045, 930 Tacoma Ave. S, Tacoma, WA 98402
Thursday, March 6, 2014 – 5:30 p.m.
North Lake Tapps Middle School, 20029 12th Street East, Lake Tapps, WA 98391
Thursday, March 20, 2014 – 5:30 p.m.
Pacific Lutheran University, Scandinavian Cultural Center, 12180 Park Avenue South,
Tacoma Ave. S, Tacoma, WA 98402
Thursday, April 3, 2014 – 5:30 p.m.
Peninsula High School – Auditorium, 14105 Purdy Drive NW, Gig Harbor, WA 98332
Monday, April 7, 2014 – 1:30 p.m.
County-City Building, Room 1045, 930 Tacoma Ave. S, Tacoma, WA 98402

FINAL COUNCIL ACTION
Tuesday, April 22, 2014 – 3:00 p.m.
Pierce County Council – Final Hearing
County-City Building, Room 1045, 930 Tacoma Ave. S, Tacoma, WA 98402

For Schedule information and updates, visit www.piercecountywa.gov/council
For questions, call Mike Kruger, Council Senior Legislative Analyst (253) 798-6067
or Jenifer Schultz, Committee Clerk at (253) 798-6696 or (800) 992-2456