Court of Appeals Upholds Denial of Permit for Chelsea/Detienne Geoduck Farm

"Permitted shoreline uses must be 

designed and conducted in a manner 

that minimizes 

damage to the ecology, 

damage to the environment, 

and interference with the public's use of Washington's water"

Court of Appeals Decision Affirming Shorelines Hearings Board

Decision to Deny a Permit for a Geoduck Operation

[read decision here]

Date: November 14, 2016

Contact: Coalition To Protect Puget Sound Habitat

Laura Hendricks, Director

(253) 509-4987

Thane Tienson, Attorney for Superior Court and Court of Appeals

(503) 810-8303

The Washington State Court of Appeals, Division 1 attached decision affirmed both the Superior Court and Shorelines Hearings Board (SHB) decisions to deny the 5 acre geoduck aquaculture permit in Henderson Bay/Pierce County.  The Court of Appeals stated: 

1.  "We conclude the SHB did not err in concluding the Coalition met its burden of proving the permit buffers did not adequately protect eelgrass from adverse impacts in violation of the SMA (Shoreline Management Act) and Pierce County SMP (Shoreline Master Program).".. The Coalition relied on the FSEIS buffer to argue the buffers approved by the Hearing Examiner were inadequate. The FSEIS identifies the need for a "2-foot vertical buffer or a minimum of 180-foot horizontal buffer" between eelgrass and subtidal geoduck harvest areas to protect eelgrass."

"The SHB found that while Meaders (industry expert) "is knowledgeable of the geoduck industry and science underlying aspects of industry practices," she was not "a credible expert in all aspects of study related to the nearshore environment to which she claimed expertise."

2. "Evidence presented at the hearing showed there are potential adverse impacts to critical habitat."

3.  "Because the consideration of a cumulative impact analysis prior to approval of the permit is consistent with the purpose of the SMA and clearly furthers the goal of the SMA to prevent "uncoordinated and piecemeal development,"the SHB did not err in concluding consideration should be given to preparing a cumulative impacts analysis."

4.  "De Tienne contends the SHB decision is not timely..... Because de Tienne stipulated to consolidation of the petition he filed on June 28, 2013 and there is no dispute the SHB extended the time period for good cause for an additional 30 days, the SHB complied with the time limits of the statute."

Our Coalition members, who have been fighting to protect our Washington aquatic life, are relieved that the Court of Appeals recognized the record of harm of industrial aquaculture and the need to protect eelgrass, herring and critical habitat said Hendricks. We are thankful to Dan Penttila, Wayne Daley and Dr. Gary Ritchie, the scientists who testified and have spoken out about the adverse effects of shellfish aquaculture. Tahoma Audubon and Center for Food Safety have pointed out the harm as well. We are also grateful to Brad and Sandy Newell who were responsible for over $20,000 of legal bills for this appeal. The Court of Appeals did award legal fees to the Coalition.

For more information on the Coalition To Protect Puget Sound Habitat, please see our website:

http://coalitiontoprotectpugetsoundhabitat.org/

Nov. 12, 13, 14: Shorelines Hearings Board to Hear Appeal of Detienne Subtidal Geoduck Farm Permit

Date:  November 12, 13 and 14

Time:  9AM to 5PM

What: Appeal of Pierce County's issuance of a permit to Chelsea Farms and Mr. Detienne for the first commercial subtidal geoduck farm. Case #: 13-016c

Location:  1111 Israel Road SW, Suite 301

                 Tumwater, WA

 

From Friends of Burley Lagoon:

 

This week, the Shorelines Hearings Board accepts testimony from citizens opposed to Pierce County';s conditional approval  for Darrell DeTienne and Chelsea Farms'  5 acre geoduck farm around the corner on Henderson Bay at Wauna.  The Hearings begin at 9:00am and end at 5:00pm.  Some of our neighbors will testify on Wednesday morning but we ask anyone who can go Tues. Wed., etc to appear as audience support for the Coalition...look for people wearing "Seahugger" T-Shirts.

 

 Burley Lagoon residents have a stake in the outcome of the hearing; some will testify about the potential danger to uses of the Lagoon, salmon runs and wildlife generally.  Photos will show the disaster that occurred when the previous Wauna geoduck farm (Washington Shellfish) was shut down and tides filled the Lagoon sediments with plastic tubes and other major debris. In addition to the impact on eelgrass beds at the Wauna site, these proposals do not exist in isolation from other areas, especially when annual King tides come with a destructive force that makes containment of "farms" highly questionable.

 

Directions: I-5 South --Exit #101 Tumwater Blvd.

                  At stop light, turn left onto Tumwater Blvd.

                  At first stop light, turn left onto Linderson Way.

                  At first stop light turn left onto Israel Rd.

                  At first left into parking lot.

 

Background photos:

      Rob Wenman:-"http://coalitiontoprotectpugetsoundhabitat.org/wenman-shb2.pdf"

Brad Newell -"http://coalitiontoprotectpugetsoundhabitat.org/newell-shb2.pdf"

Macomson-"http://coalitiontoprotectpugetsoundhabitat.org/susan-shb2.pdf"

 

Heather

253-857-4376

Detienne Geoduck Farm Permit Receives a Second Hearing

May 2, 2013 at 10AM

Comments due April 10, 4:30PM
Email to: tbooth@co.pierce.wa.us
Disc of the new exhibits, $7 - call Ty Booth at 253-798-3727
(see email below)

A last second "document dump" of information

by the proponent may be reviewed by the public.

"Document dumps" must have time to be reviewed by the public.
On March 27 Pierce County's Hearing Examiner held the first public hearing on the Detienne subtidal and intertidal geoduck farm permit. At that hearing the proponent, in a last minute attempt to overwhelm the examiner, county and the public, performed what is kindly described as a "document dump." When the public complained about the last minute drop-off and asked for time to review the relevance of the material, the proponent's attorney objected. Fortunately for the public the Hearing Examiner agreed that there should be additional time to review both the last second information as well as information presented at the hearing.

 

Friends of Burley Lagoon newsletter provides a County email on the second hearing and a summary of the meeting.

Friends of Burley Lagoon members provide below a special newsletter which describes the meeting as well as the Coalition to Protect Puget Sound Habitat's "Cycle of Loss" showing the net losses to Puget Sound habitat from geoduck farming.

 

Friends of Burley Lagoon

"Lagoon Links Extra"

March 28, 2014

 

Email from Pierce County Planner Ty Booth

(click to enlarge)



Meeting Summary

(page 1 of 3)

click image to enlarge

(page 2 of 3)

click image to enlarge



 page 3 of 3

(includes "Circle of Loss")

click image to enlarge

 

Become involved. The shellfish industry's immense profits being earned from geoducks are buying "science" and paying attorneys and public relation firms to define a "new environmental movement" which is undoing decades of work to ensure future generations may enjoy Puget Sound's diverse ecosystem. [click here for article on Seattle's past environmentalists being bought out by the coal industry]

March 29, 2PM: Is this Oyster Really Safe?

City of Shelton Public Hearing March 29, 2PM

525 West Cota Street, Shelton

Email comments to: Jason Dose - jasond@ci.shelton.wa.us

Reference: SSDP 01-13 and SCUP 01-13

 



Dioxin and cPAH levels in Shelton Harbor's

upper sediments (0-10cm).

Is this really a good idea?
The City of Shelton will hold a public hearing March 29 at 2PM on a proposal by Chelsea Farms to place a shellfish nursery in the Oakland Bay Marina, on the shores of Shelton. Shelton Harbor's waters are currently classified by the Department of Health as "Prohibited." The upper sediments in Shelton Harbor contain elevated levels of Dioxins and cPAH  which at low tide are easily churned by prop wash from boats launched or in the marina (see table above, click here for DOH report). Boats currently moored at the marina are painted with antifouling paint which is designed to slough off to prevent barnacle and algae from growing, with these chemicals entering the water. A boat launch and well used parking lot are immediately adjacent to the facility. Fueling of boats and discharges from bilges is routine, as in any marina.

Location of Chelsea Farms

proposed shellfish nursery.



But one of many.
In addition to Chelsea Farms, Hamma Hamma oyster is also reported to have an operating nursery in the marina. More importantly, Chelsea Farms' current proposal is only one of a number of nurseries reported to be planned for other marinas throughout Puget Sound.

Is this what a marina is for?
Is a marina really where a shellfish nursery should be located? Isn't a location away from contamination, out of harms way, a better idea? And what of the public's access to the marina's facilities if shellfish nurseries proliferate? Related, will the shellfish industry be idle if their "seed" is found to retain the myriad of chemicals found in any marina or near any large parking lot along the shoreline and be unusable?

A better suggestion.
As noted in the application, there is an existing nursery facility located 1/2 mile east. Wouldn't it be smarter to expand the existing facility which is out of harms way instead of putting shellfish in the cross hairs of a chemical soup?

 

Existing nursery facility.

 And, by the way, where are all those shellfish going to go?
Chelsea Farms states that by utilizing nurseries, hatchery production will be able to increase 10 fold, stating "if a hatchery could produce 70 million 6mm oysters a season, by outsourcing the nursery phase to growers that same hatchery could produce 700 million 2mm oysters." (Note: Using Chelsea Farms' numbers, put another way, at 250 oysters per grow-out bag, the number of grow-out bags used would increase from 280,000 to 2.8 million.)

Where would 2.8 million extra grow out bags go?

Is this oyster really safe?
"The Department of Health Office of Shellfish and Water Protection recommends that people not harvest or eat fish or shellfish from Shelton Harbor and/or other areas that are prohibited for harvest because of bacterial pollution. If you’re concerned about contact with sediments, the Department of Health recommends that you rinse your hands and feet with clean, potable water after recreational contact with the sand, sediment, and water from this area." [click here]

UPDATE: Public Hearing March 29 at 2PM: Chelsea Farms Proposes Shellfish Nursery in Shelton Marina

Update: A public hearing will be held Friday, March 29 at 2PM on the proposal by Chelsea Farms to place a shellfish nursery in a boathouse in the marina in Shelton Harbor. [click here for notice, scroll down to March 29 meeting] Location - 525 West Cota, Shelton

---------------------------------------------------------------

Comments on SEPA DNS determination for Chelsea Farms conversion of a boathouse to a shellfish nursery are due March 21. Comments should be sent to Jason Dose at: jasond@ci.shelton.wa.us 

Mr. Dose may be reached at 360-432-5102.

Additional hearings will be held for other permits.

 

How will Chelsea Farms prevent contaminated shellfish seed from spreading that contamination to healthy bodies of water?

 

[click here for DOH report]

Location of proposed shellfish nursery facility.

DOH has classified the area as "Prohibited" due to

excessive fecal coliform levels. Elevated levels of

Dioxins exist in the sediments, disturbed by

boats at low tide. Considered?

 

 

Documents detailing impacts available at the City.

Environmental documents available for viewing include the SEPA checklist, Shoreline Permit and site plan. The City has determined there is no significant impact from the operation. It is unknown how Chelsea intends on preventing the spread of pathogens from contaminated shellfish out of the nursery into healthy waters. How the operation will impact the use of the marina by the Shelton Yacht Club and other recreational users, as well as other businesses in the nearby Shelton area is unknown. If Mystery Bay is any indication of how the shellfish industry feels about the risk of recreational boats near their facilities there may most likely be an impact on how this marina will be used, or not. (From a recent article on Mystery Bay: "The Mystery Bay plan also aims to protect harvestable shellfish beds by monitoring and maintaining boat numbers in the bay. The plan also calls for a “no anchor zone.” [click here] Note: This restriction on boating was implemented despite there being no elevated fecal coliform levels in the body of Mystery Bay, only a "presumption" of risk.)

 

House Boat Chelsea Proposes

Converting to a Shellfish Nursery 

(click to enlarge)



 

In an optimistic proposal for a floating shellfish nursery facility, Chelsea Farms has proposed purchasing one of the house boats at the Shelton Marina and converting it to a shellfish nursery. Oysters and clam seed (presumably including geoduck) will be grown out for later use in tidelands owned or leased by Chelsea. Permit applications have been submitted to the City of Shelton. Also included in the proposal are two upland parcels owned by the Port of Shelton which make up most of the parking lot. What level of staging or how much employee parking will take place is not clear from the Public Notice. How much contamination the "filter feeders" will pick up and then spread throughout the rest of Puget Sound is unknown. DOH has the area classified as "prohibited."

 



 

In addition to the SEPA determination (comments due March 21), a Shoreline Substantial Development permit and a Conditional Use permit are required. The latter two will require a public hearing, to be scheduled later.