HomeMy WebLinkAboutord2019-018Whatcom County
Agenda Bill Master Report
File Number: AB2019-103
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID: AB2019-103 Version: 1 Status: Adopted
File Created: 01/25/2019 Entered by: RKlein@co.whatcom.wa.us
Department: Public Works File Type: Ordinance
Department
First Assigned to: Council
Agenda Date: 02/26/2019 Next Mtg. Date: 02/26/2019 Hearing Date: 02/26/2019
TITLE FOR AGENDA ITEM:
Ordinance proposing modifications to Whatcom County Code 2.27A, Aquatic Invasive Species (AIS)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Public Works staff will introduce for discussion proposed changes to the aquatic invasive species
ordinance (WCC 2.27A) to create a new class of watercraft, establish a one -day pass, and update
definitions.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
02/12/2019 Council
02/26/2019 Council
Action:
Sent To:
INTRODUCED FOR PUBLIC Council
HEARING
ADOPTED
Attachments: Memo for 2-12-2019, Ordinance for Introduction 2-12-2019, Hearing Notice 2.26 .pdf
Final Action: 02/26/2019
Enactment Date: 02/26/2019
Enactment #: ORD 2019-018
Whatcom County
Page 1 Printed on 212712019
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE: 2/12/2019
ORDINANCE NO. 2019-018
AMENDING WHATCOM COUNTY CODE CHAPTER 2.27A TO PREVENT THE RELEASE AND
SPREAD OF AQUATIC INVASIVE SPECIES.
WHEREAS, the County has authority under Washington State law to protect the health, safety, and
general welfare of the public, to regulate and protect waters within its jurisdiction, and to control the transport and
release of Aquatic Invasive Species,
WHEREAS, Lake Whatcom and Lake Samish are the drinking water sources for approximately half of
the residents of Whatcom County and the vast majority of the City of Bellingham residents; and
WHEREAS, Whatcom County has adopted goals and policies to protect Lake Whatcom, Lake Samish
and other freshwater lakes and streams; and
WHEREAS, Aquatic Invasive Species pose a serious threat to the waters of Whatcom County and can
have severe impacts to ecology, water quality, water supply infrastructure, and recreational use; and
WHEREAS, watercraft transported from water bodies with Aquatic Invasive Species to uninfested waters
are the principal cause of new infestations; and
WHEREAS, prevention programs that include education, screening, and watercraft inspection are
effective in preventing the spread of Aquatic Invasive Species to uninfested water bodies; and
WHEREAS, an Aquatic Invasive Species prevention program is necessary to reduce the risk of Aquatic
Invasive Species infestation and related impacts at Lake Whatcom and other waters of Whatcom County; and
WHEREAS, Whatcom County has authority under RCW 36.32.120 and Washington State law generally
to regulate and protect its water supply and other waters within its jurisdiction; and
WHEREAS, Whatcom County adopted Ordinance 2012-034 in September 25, 2012, codified at WCC
Chapter 2.27A, to prevent the release and spread of Aquatic Invasive Species into waters of Whatcom County;
and
WHEREAS, it is in the best interests of Whatcom County to amend WCC Chapter 2.27A to further define
and enhance its Aquatic Invasive Species detection and prevention program, including the adoption of mandatory
inspection and permitting requirements for watercraft in Whatcom County;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code 2.27A is hereby deleted in its entirety and replaced with the following, adopted as set forth in
Exhibit A, attached hereto.
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APPROVED AS TO FORM:
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Date Signed: 7
Exhibit A
WCC Chapter 2.27A
Aquatic Invasive Species
2.27A.010 Definitions
For the purpose of this chapter, the following definitions shall apply:
A. "Authorized Inspector" means a person who has received the necessary training approved by
Whatcom County and authorized to inspect Watercraft to detect the presence of aquatic invasive species.
B. "Aquatic Invasive Species" and "AIS" shall mean an aquatic species that is: (i) nonnative to
public water bodies located in unincorporated areas of Whatcom County; and (ii) whose introduction
causes or is likely to cause economic or environmental harm or harm to human health. "Aquatic Invasive
Species" and "AIS" shall include but not be limited to those species classified in Washington
Administrative Code (WAC) 220-12-090 as "prohibited aquatic animal species", and those plant species
listed in WAC 16-752-400-415; 505; and 610. For purposes of this chapter, WAC 220-12-090 and
WAC 16-752-400-415; 505; and 610, as presently constituted or as hereinafter amended, are adopted
and incorporated herein by reference.
C. "Enforcement Officer" includes any Authorized Inspector and any peace officer with jurisdiction
in Whatcom County.
D. "Inspection" means an inspection of a Watercraft or other vessel conducted by an Authorized
Inspector for the purpose of detecting Aquatic Invasive Species and preventing their transport and
release into any Public Water Body. Inspections may consist of questioning as well as a visual and
tactile search of the exterior and interior of the Watercraft or other vessel, including but not limited to
the hull, trailer, motor, propeller, bilge pump, compartments, bait well, ballast tank, bladder, and all
areas of standing water.
E. "Inspection Seal" means a cord or tether installed by an Authorized Inspector in a manner that
connects a Watercraft to its trailer for the purpose of indicating that the Watercraft has passed
inspection, has not entered a water body since passing Inspection, and, therefore, may launch without
further Inspection when returning to the same water body so long as the Inspection Seal is intact at the
time of launch.
F. "Launch" means any act that places or attempts to place a Watercraft into a Public Water Body.
G. " Public Water Body " shall mean Lake Whatcom, Lake Samish, Baker Lake, Tennant Lake,
Lake Terrell, Wiser Lake, Silver Lake, Toad Lake, Squalicum Lake, Reed Lake, Cain Lake and all other
freshwater lakes and streams in unincorporated areas of Whatcom County where Watercraft have access.
H. "Motorized Propulsion System" shall mean any mechanism or system used to generate thrust to
move a watercraft across water, including but not limited to outboard motors, inboard motors, jet
motors, and inboard/outboard motors.
I. "Watercraft" shall mean any type of vessel, boat, or craft capable of being used as a means of
transportation on water, including but not limited to motor boats, sail boats, row boats, kayaks, canoes,
barges, and all associated equipment, including trailers, that routinely or reasonably could be expected to
contain or come into contact with water. The term "Watercraft" specifically excludes the following: surf
boards, paddle boards, and kite boards; and non -motorized inflatables that are 10 feet or less in length.
"Watercraft" shall consist of the following categories:
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(1) "Class A Watercraft" shall mean any vessel that requires registration by the State of Washington
Department of Licensing under RCW 88.02 and WAC 308-93-030 and any vessel registered under
the laws of a state other than Washington State or a country other than the United States.
(2) "Class B Watercraft" shall mean any vessel that has a Motorized Propulsion System that does not
require registration by the State of Washington Department of Licensing under RCW 88.02 and
WAC 308-93-030 or under laws of a state other than Washington State or a country other than the
United States.
"Class C Watercraft" shall mean vessels that do not have a Motorized Propulsion System and do not require
registration by the State of Washington Department of Licensing under RCW 88.02 and WAC 308-93-030.
2.27A.020 Prohibitions
The following activities are prohibited:
A. The transport or release of Aquatic Invasive Species into a Public Water Body.
B. Launching, operating or keeping on a Public Water Body a Watercraft that has not submitted to
Inspection and decontamination as required by this chapter.
C. Launching, operating or keeping on a Public Water Body a Watercraft without a current AIS
Permit as required by WCC 2.27A.050, below.
2.27A.030 Inspection and Decontamination.
A. Inspections shall be required of
i. All Watercraft prior to its first launch onto Lake Whatcom or Lake Samish in each calendar
year; and
ii. All Watercraft prior to its first launch onto Lake Whatcom or Lake Samish after it has
entered any fresh water body located outside Whatcom County, Washington; and
iii. All Watercraft prior to each and every launch onto a Public Water Body from a public access
point for which an AIS check station is operating under this chapter, except Watercraft
bearing an intact Inspection Seal.
B. Exemptions. Watercraft inspections and the associated fees shall not be required for:
i. Law enforcement and emergency response watercraft.
ii. Watercraft involved in search and rescue operations or training.
C. Inspection and Decontamination Services
i. Whatcom County may establish and operate AIS check stations at public access points to
Public Water Bodies.
ii. Whatcom County may, upon request by an owner or operator of a Watercraft, conduct an
Inspection on private property owned by the Watercraft owner or operator.
iii. All AIS check stations operating under this chapter shall be marked by signs and staffed by
one or more Authorized Inspectors. AIS check stations authorized by this chapter shall be
subject to hours of operation and other program requirements established by the Director of
Public Works or his designee.
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iv. If, upon Inspection, an Authorized Inspector detennines that a Watercraft is not contaminated
with Aquatic Invasive Species, then said Watercraft shall be permitted to launch, subject to
payment of fees authorized in WCC 2.27A.050.
V. If, upon Inspection, an Authorized Inspector reasonably suspects that a Watercraft or any
other vessel is contaminated with Aquatic Invasive Species, the Authorized Inspector may
decontaminate the watercraft on site or direct the Watercraft owner or operator to a
decontamination station where the Watercraft will undergo a decontamination process.
Following decontamination, the Watercraft owner or operator shall not launch the Watercraft
onto a Public Water Body until the Watercraft has been re -inspected and approved for launch
by an Authorized Inspector.
vi. A Watercraft owner or operator may refuse to stop and consent to Inspection at any AIS
check station authorized by this chapter; provided, if any Watercraft owner or operator
refuses to stop and consent to Inspection at an AIS check station authorized by this chapter,
then said owner or operator shall not launch his or her Watercraft from said location and shall
be in violation of this chapter if he or she nevertheless attempts to do so.
2.27A.040 Safe Harbor
Any person who voluntarily stops and consents to Inspection at an AIS check station or other inspection station
and cooperates in the decontamination process shall not be subject to penalties under this chapter for possessing
or transporting Aquatic Invasive Species.
2.27A.050 AIS Permits and Fees
A. Every Watercraft subject to the inspection requirements of this Chapter shall visibly display a
valid AIS Permit issued by Whatcom County or the City of Bellingham prior to launching and while
operating on Public Water Bodies.
B. AIS Permits shall be issued upon passage of Inspection and payment of the applicable fee.
C. The fee for Inspection and decontamination services for all classes of Watercraft shall be
established in the Whatcom County Unified Fee Schedule.
D. AIS Permits shall be available as follows:
i. Annual Sticker. Each Annual Sticker shall be effective during the calendar year in which it is
issued and shall entitle the holder to unlimited Inspections and Inspection Seal installation
services for the Watercraft to which the Annual Sticker is affixed.
ii. Day Pass. Each day pass shall entitle the holder to unlimited inspections and sealing services for
the applicable Watercraft for the duration of the period specified on the pass. Day passes are
available for Class A and Class B Watercraft only.
iii. Three Day Pass. Each three day pass shall entitle the holder to unlimited inspections and sealing
services for the applicable Watercraft for the duration of the period specified on the pass. Three
day passes are available for Class A and Class B Watercraft only.
iv. Special Event Passes. Special event passes may be issued for fishing tournaments, sailing and
rowing regattas, and other group events approved by the director of public works or his designee
upon the event sponsor's execution of a special event agreement with Whatcom County or the
City of Bellingham in a form approved by the director of public works. Special event passes
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shall entitle each event participant to inspection and sealing services for the duration of the event,
subject to the terms and conditions of the special event agreement.
V. Annual Watercraft Business Permit. Watercraft business permits may be issued to person or
entities who are in the business of providing Watercraft services (including transport,
maintenance, repair, storage or other similar activities) upon execution of a cooperative
agreement with Whatcom County or City of Bellingham in a form approved by the director of
public works. Watercraft business permits shall be effective during the calendar year in which
they are issued and shall entitle the permit holder to expedited inspection services for Watercraft
within the company's possession or control, all subject to the terms and conditions of the
cooperative agreement.
E. An on-line AIS Awareness Course shall be developed and made available to the public. Persons
successfully completing the on-line course shall, upon providing verification of their successful
completion to the Authorized Inspector, be entitled to the reduced AIS Awareness fee schedule for AIS
inspections for each boat that they own. The AIS Awareness fee schedule shall be established in the
Whatcom County Unified Fee Schedule.
F. AIS Permits are nontransferable and shall apply to a single Watercraft. AIS Permits shall be
affixed to the Watercraft as directed by the Authorized Inspector in a visible location located above the
waterline.
G. A Watercraft shall be deemed to be in compliance with the inspection and permitting
requirements of this chapter if his or her Watercraft is currently in compliance with an Aquatic Invasive
Species inspection and permitting program adopted by the City of Bellingham, Washington.
H. The fees authorized by this chapter are intended to offset the cost to Whatcom County of
implementing this chapter for the purpose of detecting and preventing the spread of Aquatic Invasive
Species and are not intended to be, nor shall they be construed to be, charges imposed upon access to
Public Water Bodies for the purpose of outdoor recreation. Fees shall be evaluated annually to ensure
they are sufficient for program needs.
2.27A.060 Cooperative Agreements.
Whatcom County may enter into cooperative agreements with persons and entities, including but not limited to,
homeowner's associations, condominium associations, civic groups and governmental entities, to adopt and
execute plans, which may be implemented inside or outside Whatcom County, to detect and prevent the
transport and release of Aquatic Invasive Species in Public Water Bodies.
2.27A.070 Penalties
A. Any person violating this chapter shall have committed a civil infraction, and shall be punished
by a fine not to exceed $1,000 for each violation. Each violation of this chapter shall be a separate
infraction, and in the case of a continuing violation, each day's continuance shall be deemed to be a
separate and distinct infraction. Civil infractions under this chapter shall be issued and processed in
accordance with Chapter 7.80 RCW, except as otherwise provided in this chapter. Each party to a civil
infraction case shall bear its own attorney's fees, witness fees and costs.
B. Any individual who violates this chapter may be held responsible for the costs expended by
Whatcom County or its designee for response and mitigation of impacts.
A
C. Payment of any civil penalty herein shall not relieve any individual from the responsibility of
correcting the violations as found by the Enforcement Officer.
D. Any person found not in compliance with this chapter is subject to citation, shall be escorted off
the Public Water Body, and shall be subject to any other legal action as deemed necessary by the
Enforcement Officer including but not limited to detaining said person and Watercraft until inspected
and decontaminated as required under this chapter.
E. Fines collected as a result of violating this chapter that are not otherwise encumbered, shall be
used to fund the Whatcom County Aquatic Invasive Species Management and Prevention Program.
2.27A.080 Applicability
The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance.
Where there is a conflict, the more restrictive provision shall apply. The provisions of this chapter are in
addition to those provisions regulating Aquatic Invasive Species as contained in Washington State law.
2.27A.090 Severability.
If any section, provision, or portion of this chapter shall be determined to be invalid, the remainder of the
chapter shall not for that reason be rendered ineffective or invalid.
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