HomeMy WebLinkAboutSHR2023-00025 - HMP Habitat Managment Plan - 12/5/2023 RECEIVED
DEC 0 5 2023
615 W. Ak1w Street
Enclosure 1: Conservation Measures and applicable terms and conditions from the
Programmatic Biological Opinions for Shellfish Activities in Washington State Inland
Marine Waters (U.S. Fish and Wildlife Service(USFWS)Reference Number O1EWFWOO-
2016-F-0121,National Marine Fisheries Service(NMFS)Reference Number WCR-2014-
1502)_
1.Gravel and shell shall be washed prior to use for substrate enhancement(e.g.,frosting,
shellfish bed restoration)and applied in minimal amounts using methods which result in less
than 1 inch depth on the substrate annually. Shell material shall be procured from clean sources
that do not deplete the existing supply of shell bottom. Shells shall be cleaned or left on dry land
for a minimum of one month,or both, before placement in the marine environment.Shells from
the local area shall be used whenever possible. Shell or gravel material shall not be placed so that
it creates piles on the substrate. Use of a split-hull(e.g.,hopper-type)barge to place material is
prohibited.
2.The placement of gravel or shell directly into the water column(i.e.,graveling or frosting)
shall not be conducted between February 1 and March 15 in designated critical habitat for Hood
Canal summer chum salmon_
3. For 'news ' activities only,gavel or shell material shall not be applied to enhance substrate
for shellfish activities where native eelgrass (Zostera marina)or kelp(rooted/attached brown
algae in the order Laminariales) is present.
4.Turbidity resulting from oyster dredge harvest shall be minimized by adjusting dredge bags to
"skim"the surface of the substrate during harvest.
5. Unsuitable material (e.g.,trash,debris, car bodies,asphalt,tires) shall not be discharged or
used as fill (e.g., used to secure nets, create nurseries,etc.).
6. For`new' activities only, shellfish activities(e.g.,racks,stakes, tubes,nets,bag, long-lines,
on bottom cultivation)shall not occur within 16 horizontal feet of native eelgrass(Zostera
marina)or kelp(rooted/attached brown algae in the order Laminariales). If eelgrass is present in
the vicinity of an area new to shellfish activities,the eelgrass shall be delineated and a map or
sketch prepared and submitted to the Corps. Surveys to determine presence and location of
eelgrass shall be done during times of peak above bgTound biomass:June I —September 30.The
following information must be included to scale:parcel boundaries,eelgrass locations and on-
site dimensions,shellfish activity locations and dimensions.
7.For`new' activities only, activities shall not occur above the tidal elevation of+7 feet
(MLLW)if the area is listed as documented surf smelt(Hypomesus pretiosus) spawning habitat
`New'activities are those activities that were initiated after 18 March 2007. Expansion of activities into a new
geographic footprint that had not previously been in commercial aquaculture is treated as a new footprint for the
purpose of this programmatic ESA.
2 For guidance see Corps'Seattle District Components of a Complete Eelgraw Delineation and Characterisation
Report(May 2016).
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by WDFW. A map showing the Iocation of documented surf smelt spawning habitat is available
at the WDFW website.
8.For`new' activities only,activities shall not occur above the tidal elevation of+5 feet
(MLLW)if the area is documented as Pacific sand lance(Ammodytes hexapterus)spawning
habitat by the WDFW.A map showing the location of documented Pacific sand lance spawning
habitat is available at the WDFW website.
9. If conducting 1) mechanical dredge harvesting,2)raking,3)harrowing,4)tilling,leveling or
other bed preparation activities, 5)frosting or applying gravel or shell on beds,or 6)removing
equipment or material(nets,tubes,bags)within a documented or potential spawning area for
Pacific herring(Clupea pallasr)outside the approved work window3, the work area shall be
surveyed for the presence of herring spawn prior to the activity occurring. Vegetation,substrate,
and materials(nets, tubes,etc.)shall be inspected. If herring spawn is present,these activities are
prohibited in the areas where spawning has occurred until such time as the eggs have hatched
and herring spawn is no longer present.A record shall be maintained of spawn surveys including
the date and time of surveys;the area,materials,and equipment surveyed;results of the survey,
etc.The Corps and the Services shall be notified if spawn is detected during a survey.The record
of spawn surveys shall be made available upon request to the Corps and the Services.
10. For`new'activities only,activities occurring in or adjacent to potential spawning habitat for
sand lance,or surf smelt shall have a spawn survey completed in the work area by an approved
biologist's prior to undertaking bed preparation,maintenance,and harvest activities if work will
occur outside approved work windows for these species. If eggs are present,these activities are
prohibited in the areas where spawning has occurred until such time as the eggs have hatched
and spawn is no longer present. A record shall be maintained of spawn surveys including the
date and time of surveys;the area,materials, and equipment surveyed; results of the survey,etc.
The Corps and the Services shall be notified if spawn is detected during a survey. The record of
spawn surveys shall be made available upon request to the Corps and the Services.
1 I.Al I shellfish gear(e.g.,socks,bags,racks,marker stakes,rebar,nets,and tubes)that is not
immediately needed or is not firmly secured to the substrate will be moved to a storage area
landward of MHHW prior to the next high tide. Gear that is firmly secured to the substrate may
remain on the tidelands for a consecutive period of time up to 7 days.Note:This is not meant to
apply to the wet storage of harvested shellfish.
12.All pump intakes (e.g.,for washing down gear)that use seawater shall be screened in
accordance with NMFS and WDFW criteria.Note: This does not apply to work boat motor
intakes(jet pumps) or through-hull intakes.
13.Land vehicles (e_g.,alI-terrain,trucks)shall be washed in an upland area such that wash
water is not allowed to enter any stream, waterbody, or wetland.Wash water shall be disposed of
upland in a location where all water is infiltrated into the ground(i.e., no flow into a waterbody
or wetland).
See Seattle District website for work window http://www.nws.usace.army.miVMissions/Civil-WorksAteaulatory/
°For information on how to become an"approved biologist"for conducting forage fish surveys contact WDFW
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I4. Land vehicles shall be stored,fueled, and maintained in a vehicle staging area located 150
feet or more from any stream,waterbody, or wetland. Where this is not possible, documentation
must be provided to the Corps as to why compliance is not possible, written approval from the
Corps must be obtained, and the operators shall have a spill prevention plan and maintain a
readily-available spill prevention and clean-up kit.
15. For boats and other gas-powered vehicles or power equipment that cannot be fueled in a
staging area 150 feet away from a waterbody or at a fuel dock, fuels shall be transferred in
Environmental Protection Agency(EPA)-compliant portable fuel containers 5 gallons or smaller
at a time during refilling.A polypropylene pad or other appropriate spill protection and a funnel
or spill-proof spout shall be used when refueling to prevent possible contamination of waters.A
spill kit shall be available and used in the event of a spill_ All spills shall be reported to the
Washington Emergency Management Office at(800)258-5990. All waste oil or other clean-up
materials contaminated with petroleum products will be properly disposed of off-site.
16.All vehicles operated within 150 feet of any stream, waterbody,or wetland shall be inspected
daily for fluid leaks before leaving the vehicle staging area. Any leaks detected shall be repaired
in the vehicle staging area before the vehicle resumes operation and the leak and repair
documented in a record that is available for review on request by the Corps and Services.
17. The direct or indirect contact of toxic compounds including creosote,wood preservatives,
paint, etc. within the marine environment shall be prevented. [This does not apply to boats]
18. All tubes,mesh bags and area nets shaII be clearly, indelibly, and permanently marked to
identify the permittee name and contact information (e.g.,telephone number,email address,
mailing address).On the nets, identification markers shall be placed with a minimum of one
identification marker for each 50 feet of net_
19.All equipment and gear including anti-predator nets,stakes,and tubes shall be tightly secured
to prevent them from breaking free_
20.All foam material (whether used for floatation of for any other purpose)must be
encapsulated within a shell that prevents breakup or loss of foam material into the water and is
not readily subject to damage by ultraviolet radiation or abrasion. Un-encapsulated foam material
used for current on-going activities shall be removed or replaced with the encapsulated type.
21. Tires shall not be used as part of above and below structures or where tires could potentially
come in contact with the water(e.g., floatation, fenders, hinges). Tires used for floatation
currently shall be replaced with inert or encapsulated materials, such as plastic or encased foam,
during maintenance or repair of the structure_
22. At least once every three months, beaches in the project vicinity will be patrolled by crews
who will retrieve debris (e.g.,anti-predator nets, bags, stakes,disks,tubes) that escape from the
project area. Within the project vicinity, locations will be identified where debris tends to
accumulate due to wave, current,or wind action, and after weather events these locations'shall be
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patrolled by crews who will remove and dispose of shellfish related debris appropriately.A
record shall be maintained with the following information and the record will be made available
upon request to the Corps,NMFS,and USFWS:date of patrol, location of areas patrolled,
description of the type and amount of retrieved debris,other pertinent information.
23. When performing other activities on-site,the grower shall routinely inspect for and document
any fish or wildlife found entangled in nets or other shellfish equipment_In the event that fish,
bird,or mammal is found entangled,the grower shall: I)provide immediate notice(within 24
hours)to WDFW (all species), USFWS/NMFS(all species)or Marine Mammal Stranding
Network(marine mammals),2)attempt to release the individual(s)without harm,and 3)provide
a written and photographic record of the event, including dates,species identification,number of
individuals,and final disposition,to the Corps and Services. Contact the U.S. Fish and Wildlife
Service Law Enforcement Office at(425)883-8122 with any questions about the preservation of
specimens.
25. Vehicles(e.g.,ATVs,tractors)shall not be used within native eelgrass(Zostera marina). If
there is no other alternative for site access,a plan will be developed describing specific measures
and/or best management practices that will be undertaken to minimize negative effects to
eelgrass from vehicle operation.The access plan shall include the following components: (a)
fi-equency of access at each location,(b)use of only the minimum vehicles needed to conduct the
work and a description of the minimum number of vehicles needed at each visit, and(c)
consistency in anchoring/grounding in the same location and/or traveling on the same path to
restrict eelgrass disturbance to a very small footprint.
26. Vessels shall not ground or anchor in native eelgrass(Zostera marina)or kelp
(rooted/attached brown algae in the order Laminariades)and paths through native eelgrass or
kelp shall not be established. If there is no other access to the site or the special condition cannot
be met due to human safety considerations,a site-specific plan shall be developed describing
specific measures and/or best management practices that will be undertaken to minimize
negative effects to eelgrass and kelp from vessel operation and accessing the shellfish areas.The
access plan shall include the following components: (a)frequency of access at each location,(b)
use of only the minimum number of boats and/or crew members needed to conduct the work and
a description of the minimum number of boats and crewmembers needed at each visit, and(c)
consistency in disturbance to a very small footprint.
27. Unless prohibited by substrate or other specific site conditions,floats and rafts shall use
embedded anchors and midline floats to prevent dragging of anchors or lines. Floats and rafts
that are not in compliance with this standard shall be updated to meet this standard during
scheduled maintenance, repair,or replacement or before the end of the term of the next renewed
authorization. [Any alternative to using an embedded anchor must be approved by the NMFS.]
28. Activities that are directly associated with shellfish activities(e.g.,access roads, wet storage)
shall not result in removal of native riparian vegetation extending landward 150 feet horizontally
from MHHW(includes both wetland and upland vegetation)and disturbance shall be limited to
the minimum necessary to access or engage in shellfish activities.
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29.Native salt marsh vegetation shall not be removed and disturbance shall be Iimited to the
minimum necessary to access or engage in shellfish activities_
30. Mechanical dredge harvest/harrowing shall not be conducted in North Puget Sound
between April 1 and August 31_
31. Ensure clam and other shellfish cover nets are secured to the extent practicable. If fish are
entangled,record and report species,time,and location of entanglement.Collected specimens of
fish entangled shall be preserved in a freezer,and reporting shall be to the NMFS' Lacey Office
in order to determine appropriate steps to ascertain the entangled species.Contact the NMFS
Central Puget Sound Branch Chief by telephone or email.
32.Only oyster long lines(with flip bags ok)spaced laterally at 10 feet intervals shall be used in
fallow$areas that have been colonized by eelgrass in greater Puget Sound and Hood Canal.
Flip bags must be suspended above the substrate so they do not rest on substrate at low tide.No
other culture methods shall be used in fallow areas colonized by eelgrass. Further,with the
exception of mechanical longline harvest,no mechanized activities shall occur in fallow areas
colonized by eelgrass.This Term and Condition does not apply to fallow areas in Willapa Bay or
Grays Harbor_
33. In Hood Canal summer-run chum salmon designated critical habitat": Between February I
and April 30,shellfish planting and harvesting shall not occur within 15 feet waterward of the
waterline(tideline)to protect juvenile chum salmon. In addition, shellfish activities which
increase turbidity in the near-shore water(e.g., geoduck harvest) shall not occur at all during this
timeframe
S Fallow refers to areas that are periodically allowed to lie fallow as part of normal operations_6 Critical habitat for Hood Canal summer-run chum salmon occur in Hood Canal and the Strait of Juan de Fuca
marine areas in Clallam,Jefferson,Kitsap,and Mason Counties.Exact locations and excluded areas are described
at:http://www.wevcoast.fishedes.noaa.gov/publicafons/fin/200sn0fr52739.pdf
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