Shorelines Hearings Board Affirms Permit for Taylor/Seattle Shellfish Geoduck Farm

Diagram of proposed geoduck farm

on tidelands owned by Taylor/Seattle Shellfish

and the Haley family.

Appeal by the Coalition is denied.
The Shorelines Hearings Board has affirmed the shoreline permit granted by Pierce County for Taylor/Seattle Shellfish to operate an 11 acre geoduck farm. In a decision dated May 15, the SHB determined the neighbors and Coalition to Protect Puget Sound Habitat had not presented sufficient evidence to overcome that which was presented by the shellfish companies.

It may be my dog leaving things

on your lawn, but I'll pick it up.

Every week or so. What's the problem?

Looking in the woods for PVC does not mean it's not escaping from farms.
Numerous concerns were presented to the Board, including neighbors' concerns that the escapement of plastic PVC tubes was still not being controlled by the shellfish industry. The Board listened to testimony from the shellfish industry who stated their "beach cleanups" - held during times which all geoduck farms and most other farms are covered by water - do not find tubes or much other shellfish gear (is that a surprise?). The shellfish companies stated any tubes which escaped would be picked up by workers during their weekly "patrols" on private tidelands up to 1.5 miles away. It is the equivalent of saying a neighborhood dog who leaves droppings on other's yards can be dealt with by weekly visits to pick up what's there.

I have to count what?? When??

 

How high can you count?

While the SHB did affirm the permit approval, there was a condition it added. The shellfish companies will now be required to inventory all aquaculture gear, including tubes and netting used at the Haley farm. They will also be required to inventory that same gear when it is removed, and have added to it the amount retrieved during the "patrols". It will be a start to determining how much PVC and netting is not retrieved but instead remains in Puget Sound.

 

This bag is not connected to the others

so there is no cumulative impact.

No strings attached so no cumulative impacts.
Finally, the Board disagreed with the shellfish companies who believe cumulative impacts need only be considered if the project is "antecedent" to others. The companies logic is the equivalent of saying because one bag of PVC pipes is separate from the others the cumulative impact of all need not be considered. However, the Board also believes the County did do a "cumulative impacts analysis" when it considered existing and future farms, that there were no pending permits for farms to the north or south (either ignoring or not being aware of Taylor's pending permit to the south on Mr. Kingman's tidelands and others pending in Thurston County and proposals in Clallam County), and they reviewed the Biological Evaluation from Environ (whose principal, Mr. Reub, owns a geoduck farm).

Make a difference.
Get involved and stay involved. A small number of shellfish companies are transforming Puget Sound's tidelands to grow geoduck for the Asian market. Those who benefit disperse the money to well paid contract scientists, lobbyists, and attorneys to support their actions taking place. You can help by donating to the Coalition to Protect Puget Sound Habitat.

 



 





Haley/Seattle Shellfish-Taylor Shellfish Geoduck Farm: Presentations from Shorelines Hearings Board Hearing Availabe

Get involved. Become aware of what is happening

to Puget Sound's critical marine habitat

and why the Haley/SS/TS Permit

should be denied.

 

Area proposed to be transformed

into a geoduck farm.

 

Presentations from the Shorelines Hearings Board expert witnesses are available on-line through links provided below.

 

It's not grandpa Taylor's oyster farm

Become more aware of how aquaculture has stepped far beyond its past benign activities to those which can only be described as "industrial." Below are links to various presentations made before the SHB by the Coalition to Protect Puget Sound Habitat's witnesses in support of why the permit for this farm should be denied and a cumulative impacts analysis should be required.

 

See why current proposals are not in the state wide interest

Get involved. Become aware. These activities are not in the state wide interest nor should they in any way be considered a "preferred use" of Washington's critical marine habitat. File sizes are noted, some large, but the information contained is invaluable.

 

Presentations

Jim Johannessen - coastal geomorphology and sediment transport (11mb pdf file)
http://coalitiontoprotectpugetsoundhabitat.org/wp-content/uploads/2015/02/johannessen-haley-20150223.pdf

 

James Brennan - impacts from geoduck farming, focused on Haley proposal (5mb file)
https://www.dropbox.com/s/o7ftnf9p5o5e99j/Brennan-pptSHB3.pdf?dl=0

 

Charles Moore - plastic pollution (17mb file)
https://onedrive.live.com/view.aspx?resid=6C46FDD5E8941579!117&ithint=file%2cpptx&app=PowerPoint&authkey=!ADS4euTc-PQ6Rno

 

Dr. Gary Ritchie - on Seagrant's Dr. Van Blaricom's study lacking in statistical rigor (Dr. Van Blaricom's study is often quoted by the shellfish industry as "proof" there is no harm to habitat) (less than 1mb)
http://coalitiontoprotectpugetsoundhabitat.org/wp-content/uploads/2014/11/ritchie2.pdf

 

Slide shows of what is happening now

South Sound Aquaculture Pictures - side show of how south Puget Sound's critical marine habitat is being transformed by intensive aquaculture (8mb file)
http://1drv.ms/1FzSZJ4

 

Burley Lagoon Aquaculture Pictures - how Taylor Shellfish is "intensifying" aquaculture activities in Burley Lagoon (15mb file)
http://1drv.ms/18rFz89  

 

Get involved

Get involved - become aware of what is happening to Puget Sound's critical marine habitat. The shellfish industry is and they have money and motivation to transform Puget Sound's critical marine habitat into their vision, devoid of native species they consider "pests."



Reminder: March 2 - 6, Shorelines Hearings Board Hears Taylor/Seattle Shellfish and Coalition on Haley Geoduck Farm

Aquaculture being "water dependent"

does not mean "anything goes"

in Puget Sound's critical marine habitat areas.

 

Area proposed for conversion

to industrial scale geoduck farm.

More geoduck for China.

Less marine habitat for native species.

 

March 2-6, Hearing Starts at the Shoreline Hearings Board Office at 9:00am

1111 Israel Rd SW, Tumwater, WA   98501

 

Coalition Experts  

Monday, March 2

  James Brennan (Puget Sound Nearshore Scientist/Restoration Expert)

  Jim Johannessen (Puget Sound Geomorphologist/Restoration Expert)

  Dr. Gary Ritchie-Lack of Rigor of Sea Grant Geoduck Science

  Jo Jensen-Real Estate Broker--Effect of Industrial Geoduck Aquaculture on  

       Waterfront Home Values

Tuesday, March 3

   Captain Charles Moore-World Renowned Marine Plastic Debris Expert

   Kirk Kirkland-Audubon

   Rob Darling-Real Estate Broker-Effect of Industrial Geoduck Aquaculture on waterfront home values

Maybe Taylor Shellfish will explain how they can consider Scoters both a "pest" and a "friend".

"They said we were their friends in Clallam County."

Scoters feeding off of PVC pipes.





"Didn't you read the shellfish pest book?

On page 8 we're a primary pest."

"But Bill Dewey said..."

 

Charles Moore to Speak on Ocean Plastics

Plastic Pollution in Puget Sound is no Better

Charles Moore, noted scientist and activist, will speak on "A Month in the Great Pacific Garbage Patch" at the University of Puget Sound on March 3 at 5:30 PM (see posters below). He will also be testifying before Washington's Shorelines Hearings Board March 3, at 9 AM, regarding the Taylor/Seattle Shellfish joint geoduck farm on the Haley family tidelands, along with James Brennan and Jim Johannessen who will be testifying March 2. 

In early December, James Brennan wrote a challenge to the Puget Sound Partnership in which he detailed why an article in Salish Sea Currents by Eric Wagner on "ecosystem services" provided by oysters was "...inaccurate, misleading, and promotes an industry that has a history of actions that run counter to protecting and restoring marine ecosystems." Mr. Brennan rightfully challenges claims by the shellfish industry, among others that they are a "cornerstone to the economy of Puget Sound" (it's not Boeing nor Microsoft) and that relying on Marlene Meaders, a consultant for the shellfish industry, for insight without checking the facts skews his article to one being little more than a promotion for an industry doing long term damage to critical marine habitats.

Pierce County SMP Update: Final Council Hearing Delayed Until Early 2015, Geoduck Expansion Continues

Taylor Shellfish is "troubled." Kitsap County experiences

the geoduck industry's dislike of permits.

Pierce County SMP Update Council Hearing Put Off Until Early 2015
Pierce County has announced its final Council hearing on its updated Shoreline Master Program (SMP) will not occur until early 2015. Comments will continue to be accepted, as will public testimony at the final hearing (click here to comment). To see amendments proposed click here. To see the draft SMP, click here. To see Taylor Shellfish's 156 page document written by their attorney describing why they are "troubled" by the amendments, click here (10mb file).

Marine habitat or PVC?

Seattle Shellfish/Taylor Shellfish/Haley

Geoduck proposal

Older SMP Suits Industry Just Fine - Better than Almond Roca for Christmas 
In the interim the geoduck industry has continued to press for expansion in Pierce County under the old SMP. Most recently, a permit allowing 11 acres of intertidal habitat has been approved for Seattle Shellfish and Taylor Shellfish, the two largest geoduck operators in Washington. The joint project on tidelands owned by both, and by the Haley (Almond Roca) family, is a clear indication of the cooperation between the companies to ensure expansion occurs under the older, more lenient SMP, under terms they find acceptable. A delay of the more "troubling" updated SMP may be a Christmas gift the industry wants.

Kent Kingman's Unpermitted Shellfish Operation

(Mr. Kingman owns Minterbrook Oyster)

To be operated by Taylor Shellfish

 

So Good You Can't Have Just One - Taylor Shellfish, Picking up Pieces of the King
Among a myriad of other proposals in Pierce County, Taylor Shellfish has also proposed a 25 acre geoduck farm in Burley Lagoon, a small embayment located west of Gig Harbor. Taylor Shellfish has also been chosen to be the operator of Kent Kingman's unpermitted shellfish operation on tidelands he owns (Mr. Kingman is also the new owner of Minterbrook Oyster). The resolution of Mr. Kingman's various violations is currently being worked through by both Taylor Shellfish and Mr. Kingman  (click here to read Pierce County's June 3, 2014 letter to Taylor Shellfish requesting additional information and describing some of Mr. Kingman's violations). (See earlier post for additional details on Mr. Kingman's various shoreline violations.) Located ~2 miles south of the Haley operation, this too would fit well with Seattle Shellfish's hatchery and nursery facilities, ~2 miles to the west in Spencer Cove on Harstine Island.

Geoduck tubes and oyster tumblers.

Oops, did I need a permit?

A Philosophy Spreading into Kitsap County - "New Day Fisheries" (owned by Scott and Joni Kimmel)
Recently Kitsap County began to experience the philosophy of its being "easier to ask forgiveness than ask for permission" some industry members practice. Rather than apply for a permit, New Day Fisheries operators chose instead to simply install PVC tubes last summer into tidelands owned by the Baldwin family, and plant them with geoduck. When reported to the county, instead of being required to pull the unpermitted tubes, New Day Fisheries apparently said they were sorry, and that in addition to the 3,000 unpermitted PVC tubes they were also going to populate another 35,000 square feet with PVC tubes, and "oyster tumblers" on another 27,000 square feet of tidelands (see image above). Kitsap County told the Kimmels and the Baldwin family, the latter being the tideland owners, they do in fact need permits. That permit process has begun with an initial comment period on a SEPA decision of a mitigated determination of non-significance ending November 6, and a public hearing scheduled for January 8. The permit information may be found by clicking here. Unclear is how the lateral boundaries of the tideland parcel were determined. What is clear is the plasticizing of Puget Sound's tidelands is spreading north. Contact/permit information may be found here:

The application file may be examined at the Department of Community Development, 614 Division Street, Port Orchard, Washington, between the hours of 10:00 a.m. and 4:00 p.m. Monday through Thursday and Fridays 9:00 a.m. through 1:00 p.m., except holidays. The staff person assigned to this project is Lisa Lewis and may be contacted at (360) 337-5777. Lisa's email is: llewis@co.kitsap.wa.us

This is not in the "statewide interest"

and should be stopped.

"Statewide interest" or just in the interest of a few geoduck operators plasticizing Puget Sound's intertidal area?
Geoduck growers transforming Puget Sound's intertidal areas claim geoduck sold to China in order to satisfy their emotional belief of its bestowing virility, like shark fin soup or Black rhinoceros horns, is in the "statewide interest."  They claim their industry is a "preferred use" and as such should be allowed to use any methods with minimal regulatory oversight. Through well crafted public relations efforts and well paid attorneys they have to date succeeded in convincing agencies this is somehow good for Puget Sound. It is not.

Governor Inslee and Taylor Shellfish's Bill Dewey



Politics is messy, but it need not be gooey.
Governor Inslee has turned his eyes towards fundraising and sees a large pool of money available to support his campaign and those of others with help from the shellfish industry. Politics is messy, but it need not be gooey. Tell the governor geoduck farming is not in the statewide interest and populating Puget Sound's intertidal areas with PVC pipes is not a "preferred use" allowed under the Shoreline Management Act. Click here to contact the governor.

Taylor Shellfish/Seattle Shellfish Haley Geoduck Farm Permit Approved (was Ocean Acidification an issue to consider?)

Pierce County Hearing Examiner

Approves Haley Geoduck Farm Permit

Denies MDNS Appeal

 

Geoduck Farm on Haley Family

Tidelands in Case Inlet

 

On October 21, Pierce County's Deputy Hearing Examiner Edward McGuire issued a decision on the appeal of a Mitigated Determination of Non-significance (MDNS) and shoreline permit for a geoduck farm operated by the two largest geoduck growers, Taylor Shellfish and Seattle Shellfish, on tidelands owned by the Haley family and themselves.

 

MDNS Appeal: Industry Witnesses "More Persuasive"

In that decision Mr. McGuire found the challenges to the MDNS decision by the Coalition to Protect Puget Sound and neighbors were either "without merit", did not establish a "probable significant adverse impact", "failed to carry their burden of proof", and had witnesses who were "overshadowed by Applicant's witnesses pertaining to specific field experience, knowledge, and expertise in geoduck aquaculture; and were thus more persuasive." Despite Seattle Shellfish building a shellfish hatchery to the west on the shoreline of Harstine Island's Spencer Cove, operating a shellfish nursery over 100 yards long within Spencer Cove, and operating numerous geoduck farms in Spencer Cove, along with those in Case Inlet, the Hearing Examiner felt he was not presented with sufficient evidence to warrant requiring a cumulative impacts analysis.

 

Shoreline Permit: Approved with Conditions, Some added or Modified

Beginning on page 30 of the decision the Examiner lists the Conditions which are to be made part of the permit. Added is that a "status report" must be submitted every 2 years, listing all conditions of the permit and that an aquatic vegetation survey be completed "following issuance of the SDP", used to determine farm boundaries and to "reflect any changes between issuance of the SDP and planting." With conditions listed and as modified the Examiner believes the permit approval will meet all requirements.

 

Consumption of carbonate ions by CO2's

absorption impedes calcification.



Absorption of fewer carbonate ions by

increased high density shellfish farming

 will impede calcification in all species.

(image from NOAA)

 

Is what's good for the shellfish industry good for Puget Sound?

Ocean Acidification - Shellfish initiatives and CO2 absorption are bad for native species.

Not considered is what impact expansion of high density shellfish "farming" will have on chemical changes resulting from what is being promoted by the shellfish industry as a threat to its survival: Ocean Acidification. In the image provided by NOAA, it is seen that CO2 being absorbed by the marine waters is altering its chemical makeup, resulting in what Taylor Shellfish's Bill Dewey says are "fewer carbonate ions" required for shellfish. It is these carbonate ions which all species who require calcification to grow, whether it be shells or bones, are dependent on.

 

Pteropod shell dissolution

(from Seattle Times article on Ocean Acidification)

 

Shell dissolution on native pteropods

A study published August 27, 2014 by NOAA's Shalene Busch, shows pteropods native to Puget Sound, and an important link in the oceanic food chain:

"experiences shell dissolution and altered mortality rates when exposed to the high CO2, low aragonite saturation state (Va) conditions that occur in Puget Sound and the northeast Pacific Ocean." [click here for study]

Is what's good for the shellfish industry good for Puget Sound?  What will be the impact of the Washington and National Shellfish Initiatives on the native species of Puget Sound as those high density plantings "sop up" the fewer carbonate ions? There's something for Sea Grant, the University of Washington and Governor Inslee to ponder, along with other Hearing Examiners, the Shorelines Hearings Board, and judges.

Seattle Shellfish/Taylor Shellfish Haley Geoduck Farm: Coalition Files Post Hearing Brief With Hearing Examiner

 

The Shoreline Management Act

is supposed to protect

Puget Sound's marine habitat,

not just "the water."

 

Good for Puget Sound's intertidal habitat?

Diane Cooper with Taylor Shellfish believes so.

"It's structure." Until it's ripped out or

destroyed by a waterlogged log.

 

Post hearing brief filed with Pierce County Hearing Examiner on Haley Geoduck farm
In clear unambiguous language the Coalition to Protect Puget Sound Habitat and neighbors to the proposed "Haley" geoduck farm have explained in a post hearing brief why Pierce County erred in issuing a Mitigated Determination of Non-significance (MDNS) SEPA decision and they explain why the proposed geoduck farm should not be issued a Shoreline Substantial Development permit (SSDP). The SEPA decision was being appealed at the hearing. The permit decision will be made based on information presented at the hearing and on whether the county's SEPA decision was incorrect.

 

It's not just about "the water."

Tideland habitat transformed.

 

It's not the water, it's the habitat, and it should not be made up of plastic.

For decades the shellfish industry has believed they play an important part in improving the waters of Puget Sound. They have played a role in making people aware of the importance of clean water, and have benefited economically from it, but they have played a far greater role in transforming the intertidal habitat. It has been transformed into something made up of artificial structures including PVC pipes, oyster grow out bags, and where dredging loosens sediments 3 feet deep to remove geoduck. None of it is permanent. In fact, aquaculture creates a constant cycle of habitat modification and destruction.  It is exactly what the Shoreline Management Act is supposed to protect Puget Sound's marine habitat from.

 

What good is a beach cleanup which only takes place

when geoduck farms are underwater?

Lowest tide was +2.8.

 

Mitigation is ineffective and not feasible

One of the arguments put forth in the brief on why the SEPA decision was incorrect involves a mitigation proposal to "patrol" the beaches for loose tubes. The brief points out that the shellfish operator and employees would not only be trespassing on private tidelands but the very fact that PVC pipes do get loose, and end up on others private property, is in itself trespass and pollution.

 

Waterlogged log has ripped up netting and dislodged tubes.

Loose tubes were found over 2,000 feet away.

 

Puget Sound is a dynamic body of water

To present an example of what happens (not what "may" happen), the last daylight minus tide of the year (-.9) revealed that a waterlogged log had destroyed a portion of a south Puget Sound geoduck farm. Netting was ripped up and hundreds of tubes were dislodged. Tubes were carried by the current over 2,000 feet to the mouth of Hammersley Inlet where an unknown number were carried by Hammersley Inlet's >3 knot current into Hammersley Inlet or out into Pickering Passage. "Patrolling" did not discover this.

Governor Inslee and Bill Dewey with

Taylor Shellfish. It's not just about "the water."

Governor, you're standing on what's important.

 

 



Get involved - the shellfish industry is. Far more than you know.

Get involved in protecting Puget Sound's intertidal habitat area. The shellfish industry's focus on "clean water" deflects where the focus should be: the intertidal habitat which is being transformed by their plastic structures, an artificial "habitat" which is destroyed multiple times. Call/write Governor Inslee and tell him Puget Sound's habitat not the shellfish industry's to do with as they please. He may be contacted at 360-902-4111 or by mail at PO Box 40002, Olympia, WA 98504-0002. His shellfish coordinator is Julie Horowitz whose email address is Julie.horowitz@gov.wa.gov

 

Tell Pierce County they are responsible to all citizens, not just shellfish companies. Ty Booth in planning may be contacted here: tbooth@co.pierce.wa.us

Council members here: http://www.co.pierce.wa.us/index.aspx?nid=99



Pierce County Announces Hearing Schedules for Joint Seattle Shellfish/Taylor Shellfish "Haley" Geoduck Farm

The geoduck money machine just keeps rolling along.

 

Haley (Almond Roca) Family and

Seattle Shellfish/Taylor Shellfish Family

Geoduck Farm Hearings Scheduled

"Haley Farm" Proposal Continues Relentless

Expansion of Geoduck Farming into

Pristine South Puget Sound Tidelands

 



Shoreline Substantial Development Permit and MDNS Appeal

Contact: Pierce County Planner - Ty Booth

tbooth@co.pierce.wa.us

"Haley" Geoduck Farm Permit Hearings Scheduled

August 19, 2014 at 6:30PM (Shoreline Permit only)

Pre-hearing with the Key Peninsula Advisory Commission

17010 S Vaughn Road KPN

Vaughn, WA (near Gig Harbor)

 

September 17, 2014 at 9AM (Shoreline Permit and MDNS Appeal)

Permit Hearing w/Pierce County Hearing Examiner

Planning Meeting Room

2401 South 35th Street

Tacoma, WA

(Public Services Building annex, south entrance)

 

Parcels proposed for planting

11 acres

 

"Haley" Geoduck Farm Hearing

The Substantial Shoreline Development Permit hearing for a geoduck farm on tidelands owned by Seattle Shellfish and the Taylor Shellfish family, with adjacent tidelands owned by the Haley family has been scheduled before the Hearing Examiner on September 17, where the appeal to the SEPA MDNS determination will also be heard.  KPAC will have a separate hearing on August 19. The 11 acre site will be one of the largest new farms proposed with portions planted over a period of years. As Pierce County's Biologist noted in a letter last year:

About half the farm (5 acres) will be netted the first year, with the second half netted the second year. By the end of year two, eleven acres of netting will be present. All eleven acres will remain netted through the end of year three (likely longer if nets remain within the first area after the tubes are removed). So, potentially, for twelve to 18 months, eleven acres of shoreline will be under netting.

New geoduck farm proposals and leases

throughout south Puget Sound

under old Shoreline Master Programs

in three separate counties.

(see bottom of post for closer views)

 

Continued push to expand into south Puget Sound under the old shoreline master programs 

This geoduck farm proposal continues the push by geoduck farmers into the pristine tideland areas of south Puget Sound. Included as reasons for the press to expand operations before new and updated shoreline plans come into effect are that the new updated Shoreline Master Programs will require Conditional Use Permits, under which cumulative impact analysis will be required. At this point in time, there has been little to no consideration of the scale of tideland transformation which is occurring. In addition, new leases are being sought out as the current owners of geoduck companies do not have any more tidelands to develop. Only state, county and private party tidelands are now available to expand into.

[Note: On a separate matter, Washington's Department of Fish and Wildlife is involved in updating its Hydraulic Code for the nearshore environment. It is accepting comments until August 15. For more information, see Sound Action's web site for details on what is proposed and how to comment.]

 

Ignore this picture. Tubes create habitat,

at least for a year. The rest of the time,

not so much.

Chelsea Farms Geoduck Harvest

 

SEPA MDNS Appealed by Coalition to Protect Puget Sound Habitat - appeal to be heard at September 17 hearing.

Pierce County has issued a mitigated determination of non-significance SEPA determination on the Haley Farm. This MDNS determination has been appealed by the Coalition to Protect Puget Sound Habitat. That appeal and associated documents may be found by clicking here. The appeal

is based in part on the lack of any meaningful cumulative impacts analysis which considers the transformation of tidelands which is occurring on a scale never considered.

Geoduck farm's PVC pipes,

44,000 per acre.

 

It's not grandpa Taylor's shellfish farm anymore
Geoduck farming is not what aquaculture was when the Shoreline Management Act was passed in 1972. While aquaculture then may have reasonably been considered a "preferred use" of Puget Sound's tidelands, the methods and scale of operations today was never anticipated. The shellfish industry continuing to cloak their operations under reports generated by industry paid "scientists" presented by well paid attorneys has been, to date, very successful. It will continue to be so unless people become involved.

It's not PVC, it's "structure" for seaweed,

barnacles and crabs (shellfish industry

spokeswoman). At least for a year.

After a year, where does that PVC "habitat"

go when it's removed from the tidelands?

 

Mason County, Thurston County and Pierce County are all updating their Shoreline Master Programs - shellfish attorneys are helping to rewrite those regulations.
Pierce County  - Pierce County could help the process by updating when their public meetings will be going on. The current site did not note the most recent meeting nor the upcoming meeting. Current amendments which have been acted on may be found by clicking here.
Thurston County has begun the formal process but is not as far along as the others. However, the shellfish industry is most certainly working behind the scenes. The county's SMP update information may be found by clicking here. Until then, individual permits will be required. Neighbors should contact each other and their representatives to form a united front.
Mason County has been working on their update for some time now, with direct involvement from Arcadia Point Seafood and Taylor Shellfish for over 2 years now. The SMP update has not yet been approved. It may be found by clicking here. County Commissioners will be asked to vote on the proposed plan at some point, after which Ecology will consider their plan.

A transformation of Puget Sound's tidelands is occurring and it is occurring on a scale not seen before. Below are closeup photos of areas where new geoduck farms are currently being proposed. More on just around the corner.

 

30 acres - Taylor Shellfish

in Burley Lagoon

Pierce County

(Just another shellfish farm.)

 

~17 acres surveyed in Fishtrap loop cove

by Taylor Shellfish, geoduck leases

signed by some, opposed by others.

Thurston County

(Where do survey lines go?)

 

Sohn Realty on Zangle Cove has signed

a lease for a geoduck farm with

Arcadia Point Seafood. Acreage is unknown

as a survey is in progress.

Thurston County

(Will that help sell real estate?)

 

20+ acres - Seattle Shellfish lease

from Mason County, adjacent

to McMicken Island State Park

Mason County

(Will that help the state park?)

 

11 acres - Seattle Shellfish/Taylor Shellfish/Haley

"Haley" geoduck farm proposed

Pierce County

 

 

 

 

Pierce County/Haley Geoduck Farm: Coalition and Neighbors Appeal MDNS Decision

Location of the proposed 11 acre "Haley" geoduck farm

on tidelands jointly owned by Taylor Shellfish family,

Seattle Shellfish, and those of the Haley (Almond Roca) family.

 

The Coalition To Protect Puget Sound Habitat and neighbors of a proposed 11 acre geoduck farm on Case Inlet have appealed the Mitigated Determination of Non-Significance (MDNS) issued by Pierce County. It was felt the lack of analysis by Pierce County which preceded the MDNS decision would set a dangerous precedent for all of Puget Sound. Issues included such things as the large size of the farm; the lack of a clear indication of how the farm would be planted and harvested; and, little to no consideration of the current expansion of geoduck farming which is occurring and will occur in Puget Sound.

The appeal decision - a $2,900 investment in the future of Puget Sound
Unlike the past, it was strongly felt that not appealing the MDNS would set a dangerous precedent for all of Puget Sound. While an appeal fee of $2,900 had to be paid, the alternative of doing nothing would have left the door open for shellfish attorneys to claim, as they have in the past, that because "nobody appealed the MDNS" any environmental concerns should not be considered in the permitting process. It is an investment in the belief that the future of Puget Sound is in balance.

Overview of the Haley farm's location,

just north of Herron Island.

 

Access to tidelands is denied - "trust us"
Part of the decision rested on the fact that the Taylor family, Seattle Shellfish, and the Haley family refused to grant access to the tidelands to help scientists determine what was there. In the past, shellfish attorneys have stated because expert witnesses did not visit the specific site their testimony should be discounted if not ignored. Now, when given the opportunity to show that the contract scientists hired by the shellfish industry were, in fact, correctly analyzing the habitat, the shellfish industry denies access. Instead, they take a "trust us" attitude because their well paid contract scientists have been there.

Department of Natural Resources'

"Herron Lake" lease proposal,

south of the Haley farm. 



Pierce County, and other counties, cannot operate in a vacuum - a current weakness in the Shoreline Management Act
Also at issue is the fact that Pierce County feels it is only obligated to look at what is occurring in Pierce County. In fact, south Puget Sound's habitat spans three separate counties with three separate approaches to how its tidelands are developed. Pierce and Thurston County both require permits, some more stringent than others, both complained about by the shellfish industry. Immediately to the west, Mason County has chosen to virtually ignore any regulatory oversight of geoduck farming, as seen in this permit note to Arcadia Point Seafood, with similar letters sent to others in the industry:

wrote letter to applicants, Steve and Vicki Wilson, cc'd DOE and Corps, approving proposal without need for SDP [shoreline development permit] or letter of exemption.

Minterbrook Oyster owner Kent Kingman's

 unpermitted developments.

Even Pierce County is challenged by shellfish growers - Minterbrook Oyster owner Kent Kingman's unpermitted bulkheads, shellfish operation and old data
Despite Pierce County's permitting requirements, even shellfish growers make regulatory oversight difficult with unpermitted activities. Within the Coalition's Shoreline Master Plan update submittal to Pierce County is a settlement agreement between Kent Kingman, current owner of Minterbrook Oyster, and Pierce County, for unpermitted developments on his shoreline property at the south end of Herron Island. Included is a major unpermitted shellfish operation; bulkheads; decks; and a dam blocking a stream which created a lagoon (see above and page 9 of the document). Currently, Taylor Shellfish has applied to operate the shellfish farm. Part of the application to resolve the violation incudes an 8 year old (2006) review done for both the DNR site and Mr. Kingman's, hoping to address the "Critical Fish and Wildlife Review." The report was done by Bioaquatics, owned by Dan Cheney, also employed by the Pacific Shellfish Institute. It does not appear any of the above was considered in the decision process which determined the outcome of the MDNS which the Coalition is appealing.

"You too can get rich!"

Really?

The tideland rush
Added to the above is a current rush by shellfish growers to lock up as many tidelands as possible for as long as possible. Industry is out of tidelands leaving only private and public tidelands left. Waving promises of great riches before tideland owners who are, for the most part, naïve of the long term consequences of their signing on the dotted line, shellfish growers lock them in to long-term leases with a small percentage paid to them. Not discussed is who will clean up the mess when this "geoduck bubble" crashes. It is not a matter of if, only a matter of when.

Support the Coalition and Case Inlet Shoreline Association
You can help the Coalition in its drive to protect Puget Sound's habitat as it was meant to be with a donation to the Case Inlet Shoreline Association (CISA). CISA is a 501c3 organization so donations are tax deductible. More important is the future Puget Sound which you will help create.

Pierce County Issues Mitigated Determination of Non-Significance for Seattle Shellfish/Taylor Shellfish Geoduck Farm

[Update 4/23: Ms. Meaders no longer works for Environ. She is currently employed by Confluence Environmental Company.]

 

>11 Acre "Haley" Geoduck Farm

SEPA Determination is Issued

(click here for decision)

 

Comments Due April 29th

Staff Contact: Ty Booth - tbooth@co.pierce.wa.us Phone - 253-798-3727

Director: Dennis Hanberg - dhanber@co.pierce.wa.us

(If affirmed or modified: Appeal Date - May 13th)

 

 

Location of proposed farm

 

"Mitigated" Determination of Non-Significance issued (MDNS)



Pierce County's planning department has issued a MDNS for an 11 acre geoduck farm proposed by a partnership between Seattle Shellfish and Taylor Shellfish. This partnership of the two largest intertidal geoduck farmers leaves little doubt of whether the current industry is controlled by a few companies. The minimal conditions contained within the SEPA determination leave little doubt of their influence.

 

>11 Acres of netting and tubes

 

Let industry set the conditions and manage oversight

The first "condition" contained in the SEPA determination allows the industry to determine its own oversight based on whatever they determine is the "most current version" of their own "Environmental Codes of Practice." Nothing in the conditions requires anything currently contained in their ECOP to be a condition of the permit. Should the industry decide they have "practices" which are too restrictive they may simply re-draft their ECOPs. 

 

Predator netting over tubes.

MDNS would allow up to 11 acres.

After tube removal netting is replaced.

 

Predator netting may remain for as long as industry wants, covering as much as industry wants

Condition 5 notes netting may remain in place for as long as geoduck are "vulnerable." Nothing requires netting to be removed at any time nor is there any limit to how many contiguous acres may be covered at any one time. In an October 1, 2013 letter to Ms. Meaders, then with Environ the Pierce County biologist expressed concerns about the fact that 11 acres will be covered by canopy netting. In the letter it is noted:

The Haley project is not proposing individual nets and considerably more than one acre will be netted at any one time. As such, based on the information available to us we can’t agree with the BE that the potential for the impacts discussed are insignificant. Please address this concern in a revised BE or stand-alone letter. [It is unknown what, if anything, was submitted to Pierce County to address this concern. Nothing in the SEPA determination requires limited planting.] 

 

 

Cumulative impacts, local: Proposed DNR leases and subtidal geoduck

The MDNS does not mention DNR has proposed leasing intertidal areas to the south nor does it fully consider the subtidal geoduck tract adjacent to the proposed farm. While only probabilities, activities in all areas create a far larger action area where harvesting may occur simultaneously. [For an idea of what dive harvesting and subtidal harvesting activities result in, see this Youtube video.] Nothing in the conditions limits when harvesting activities may occur, creating the possibility of a large simultaneous harvesting event which has never been considered nor its impacts studied.

Seattle Shellfish proposed hatchery on

Harstine Island, west of proposed farm.

Cumulative impacts, Mason County proposals
Adding to the cumulative impacts and not considered is the recent permit application from Seattle Shellfish in Mason County for their new upland shellfish hatchery and recent 19 acre lease of tidelands from Mason County. The hatchery, located directly west from the proposed farm is intended to increase the amount of seed available to the geoduck industry, and perhaps give Seattle Shellfish the opportunity to become less dependent on other seed suppliers (although partnering with Taylor Shellfish puts this in question). The recent 19 acre parcel between McMicken Island State Park and Harstine Island leased by Seattle Shellfish, is south west only 3 miles. Currently geoduck farming in Mason County is basically unregulated by the County, its being considered "aquaculture."

 



Fishtrap Loop in Thurston County

Taylor Shellfish Leases and Surveys

for future geoduck farms.

Cumulative impacts, Thurston County proposals
To the south in Thurston County, Taylor Shellfish has been active in permit applications for new geoduck farms and in surveying and leasing activities for future permit applications. Fishtrap Loop has seen a number of leases signed and surveys plotting out tidelands to plant. The Lockhart parcel to the east was recently approved, along with the Thiesen parcel (applied for by Arcadia Point Seafoods).
 

  

Sand Dollars - Just another "pest" 

(click  here to read of all the "pests" to the industry)

Freedom to plant wherever needed without worry of native species
Also contained in the October 1 letter to Environ were concerns Pierce County's biologist had about moving native species, some considered little more than "pests" by the industry. [click here for a current industry "pest" document] Specifically mentioned in the letter were tube worms and sand dollars. In spite of the biologist stating his "expectation" would be no planting in areas of native species which could not be moved, there is nothing to prevent it nor anything on how species should be moved and/or replanted.

From our review of the site, and from previous projects, it appears unlikely that there will be any need to move things around, but with that said, if there is some area of sand dollars or tube worms or some other natural feature that can’t be planted around or relocated, the expectation is that you will simply not plant that area.

"Financial guarantees" are only good

if you're still in business.

 

 

Financial guarantees should the market collapse 

A minor plus in the MDNS is the requirement for a "financial guarantee" of $1/tube should the geoduck market collapse and industry participants find it is not financially worth their while to remove the tubes and netting. Unfortunately, a "financial guarantee" will mean little if a company has gone bankrupt.

 

Comments on cumulative impacts are important

As anyone involved in the oversight of the geoduck industry has seen, a favorite tactic of the shellfish attorneys at permit hearings is to state "a SEPA determination was made and was not appealed." It is a critical step in assuring Puget Sound's shorelines are protected as the Shoreline Management Act intended. Waiting to rely on the Shorelines Hearings Board to determine whether additional conditions should be required is a risk which in the past has, for the most part, resulted in decisions in favor of this growing and invasive industry. Commenting on weaknesses in a SEPA determination helps ensure adequate protections are in place.



 



Haley Geoduck Farm Comments due Monday, April 8

Comments on the "Haley" geoduck farm SEPA (environmental impact) and shoreline permit are due Monday, April 8 by 4:30. Comments should be sent to Ty Booth at: tbooth@co.pierce.wa.us, referencing permit "SD5-13, Taylor Shellfish Farms - Haley." Additional information, is located here (click on the "Documents" tab to view the "Notice of Application").

Location of proposed geoduck farm.



One big happy family - the geoduck cabal.
As an indication of how tightly the geoduck industry is controlled, this application is from Taylor Shellfish for tidelands jointly owned by Seattle Shellfish and the Carol Taylor Family Partnership. Seattle Shellfish has a geoduck nursery facility directly east, located in Spencer Cove on Harstine Island where they recently met with Mason County about an upland hatchery where additional seed would be produced (see below) [click here for notes on meeting]. Seed from the hatchery would be grown out further in the nursery, then used both in Spencer Cove and transported to the proposed farm. Additional industry ties are found in the recent Taylor Shellfish/Arcadia Point Seafood applications in Thurston County. While 3 separate permits were applied for, Arcadia Point Seafood and Taylor Shellfish worked jointly on legal briefs, with each testifying in support of the other at the hearing in Thurston County, held the same day. Currently before the Hearing Examiner in Pierce County is Chelsea Farms using the same legal firm and environmental consultant, providing near  identical "legal logic" and "studies" to support their permit application. (Note: Chelsea Farms also has a permit application before the City of Shelton for their own separate "nursery.") There is little doubt about the coordination occurring among the four major geoduck growers with multiple projects being tied to each other, not in isolation.

Location of Seattle Shellfish

hatchery proposal on Harstine Island.

 

Location of Seattle Shellfish

nursery facility, west of the

proposed Haley farm.

 

Overview of Harstine Island and Spencer Cove (left)

with the Haley Farm on the right,

just north of Herron Island.

 

What's wrong with a controlled market? Nothing, if you're controlling it.
Creating a controlled market has its benefits, the most important being things are predictable. You control what gets done where, and more importantly, how much money you make. But in the case of geoduck farming, a controlled market has left tideland owners holding the short end of the stick. Is it any coincidence that leases for private tidelands to grow geoduck on are almost all 10%? Generating over $1,000,000 in net profits off an acre of tidelands and only offering 10% to the owners because "it's the going rate" is great - unless you own the tidelands and don't ask "why's that the going rate?"

Waterfront property holds great value - if you know about it.
As seen in the current permit application geoduck growers are fully aware of the value tidelands hold. For roughly $250,000 Seattle Shellfish and the Partnership purchased a parcel with tidelands capable of generating >$2 million in 5 years (~2 acres are able to grow geoduck). Assuming they get the permit.