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 Draft Environmental Impact Statement 
 
 Padilla Bay 
 
 Estuarine Sanctuary 
 
 Proposed Estuarine Sanctuary Grant Award 
 for Padilla Bay, Skagit County, Washington 
 
 
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 U.S. DEPARTMENT OF COMMERCE 
 National Oceanic and Atmospheric Administration 
 Office of Coastal Zone Management 
 
 and 
 
 STATE OF WASHINGTON 
 Department of Ecology 
 
April 1980 
 
 UNITED STATES 
 DEPARTMENT OF COMMERCE 
 
 DRAFT ENVIROWENTAL IMPACT STATEMENT 
 
 PROPOSED 
 ESTUARINE SANCTUARY GRANT AWARD 
 FOR 
 PADILLA BAY, SKAGIT COUNTY, WASHINGTON 
 
 TO 
 STATE OF WASHINGTON 
 
 Prepared by: 
 
 Office of Coastal Zone Management 
 National Oceanic and Atmospheric 
 
 Administration 
 3300 Whitehaven Street, N.W. 
 Washington, D. C. 20235 
 
 and 
 
 State of Washington 
 Department of Ecology 
 Mail Stop PV-11 
 Olympia, Washington 98504 
 
 I 
 
 a 
 
 CI 
 
Digitized by tine Internet Archive 
 
 in 2012 witli funding from 
 
 LYRASIS IVIembers and Sloan Foundation 
 
 http://www.archive.org/details/proposedestuarinOOnati 
 
TABLE OF CONTENTS 
 
 Page 
 SUMMARY i 
 
 PART I: PURPOSE OF AND NEED FOR ACTION 1 
 
 PART II: ALTERNATIVES (INCLUDING PROPOSED ACTION) 5 
 
 A. Preferred Alternative 5 
 
 1. Boundaries and Acquisition of 
 Sanctuary Lands 
 
 2. Management 
 
 a. Management Plan 
 
 b. Administration of the Sanctuary 
 
 c. Management Committee 
 
 d. Research Policy and Program 
 
 e. Educational Policy and Program 
 
 f. Recreation Policy and Program 
 
 B . Alternatives Considered 20 
 
 1. Funding 
 
 2. Site Selection 
 
 3. Boundaries 
 
 4. Alternate Methods of Acquisition and 
 
 Protection 
 
 5. No Action 
 
 PART III: ENVIRONMENTAL CONSEQUENCES 23 
 
 A. Environmental Impacts of the Proposed Action 23 
 
 1. General Impacts 
 
 2. Local Impacts of Skagit County 
 
 3. State and Federal Impacts 
 
 B. Relationship Between Local Short Term Uses of the 
 Environment and the Maintenance and Enhancement 
 
 of Long Term Productivity 25 
 
 C. Irreversible or Irretrievable Commitments of 
 Resources 25 
 
 D. Possible Conflicts Between the Proposed Action 
 and the Objectives of Federal, Regional, State , 
 and Local Land Use Plans, Policies, and Controls 
 
 for the Area Concerned 26 
 
TABLE OF CONTENTS 
 (continued) 
 
 Page 
 PART IV: AFFECTED ENVIRONMENT 35 
 
 A. Location 35 
 
 B. Sanctuary Description 35 
 
 C. Real Property Ownership 37 
 
 D. Soils Geology 37 
 
 E. Climate 37 
 
 F . Biological Characteristics 38 
 
 1. Vegetation 
 
 2. Marine Invertebrates 
 
 3. Fish 
 
 4. Birds 
 
 5. Mammals 
 
 PART V: LIST OF PREPARERS 41 
 
 PART VI: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS 
 
 RECEIVING COPIES 45 
 
 PART VII : APPENDICES 53 
 
1 
 
 SUMMARY 
 
 BACKGROUND 
 
 In response to the intense pressures upon and conflicts within the 
 coastal zone of the United States, Congress enacted the Coastal Zone 
 Management Act (CZMA) of 1972 (PL 92-583). The Act authorized a new 
 Federal program--administered by the National Oceanic and Atmospheric 
 Administration (NOAA) within the Department of Commerce--to assist and 
 encourage States to develop and implement comprehensive management 
 programs for the resources of the coastal zone. The CZMA affirms a 
 national interest in the effective management, beneficial use, protection, 
 and development of the coastal zone and provides matching grant programs 
 towards these ends. 
 
 These grant programs assist the coastal zone States (defined in the 
 Act to include the Great Lake States and the territories of Guam, American 
 Samoa, Puerto Rico, and the Virgin Islands, as well as the saltwater 
 coastal States) in developing and administering coirprehensive coastal 
 zone land and water use management programs. 
 
 Section 315 of the CZMA established the Estuarine Sanctuary Program, 
 which, on a matching basis, provides grants to States to acquire, develop, 
 and operate estuarine areas to be set aside as natural field laboratories. 
 These areas will be used primarily for long term scientific and educational 
 purposes, which, in addition to other multiple-use benefits, will provide 
 information essential to coastal management decisionmaking. 
 
 Examples of objectives of operating estuarine sanctuaries are: 
 
 To gain a thorough understanding of ecological relationships 
 within the estuarine environment; 
 
 To make baseline ecological measurements; 
 
 To serve as a natural control in order to monitor changes 
 and assess the impacts of human stresses on the ecosystem; 
 
 To provide a vehicle for increasing public knowledge and 
 awareness of the complex nature of estuarine systems, their 
 values and benefits to man and nature, and the problems that 
 confront them; and 
 
 To encourage multiple use of the estuarine sanctuaries to 
 the extent that such usage is compatible with the primary 
 sanctuary purposes: research and education. 
 
1 1 
 
 In order to ensure that the Estuarine Sanctuary Program includes 
 sites that adequately represent regional and ecological differences, the 
 guidelines for the Estuarine Sanctuary Program established a biogeographical 
 classification scheme that reflects geographic, hydrographic, and biological 
 characteristics. Eleven (11) different biogeographic categories are 
 established and defined in the guidelines. Subcategories of this basic 
 system will be utilized as appropriate to distinguish major regions or 
 subclasses of each province. It is anticipated that a minimum of 21 
 sanctuaries will be necessary to provide adequate representation of the 
 range of ecosystems within the United States. 
 
 The estuarine sanctuary guidelines, which were published in 1974, 
 were modified in 1977 to specifically authorize the granting of 50% 
 matching acquisition money in three stages: (1) an optional initial 
 grant for such preliminary purposes as surveying and assessing the lands 
 to be acquired and for developing management procedures and research 
 programs; (2) for the actual acquisition of the real property within the 
 sanctuary boundaries; and (3) subsequent grants for administration and 
 operation of the established sanctuary. 
 
 The Department of Ecology (DOE), acting on behalf of the State of 
 Washington, submitted a grant application to the U. S. Department of 
 Commerce/NOAA on January 19, 1979, to establish an estuarine sanctuary in 
 Padilla Bay, Skagit County, Washington. Padilla Bay is the largest area 
 relatively undisturbed by man in Puget Sound, and is extremely accessible 
 to great numbers of people for research and educational purposes. 
 Consequently, NOAA awarded a preacquisition grant for $50,000, which was 
 matched by an equivalent amount by the State. This enabled DOE to 
 proceed with developing a formal land acquisition application which, if 
 approved, will provide funding for the acquisition of real property within 
 the proposed project boundary area. The State will also have the option 
 of requesting up to $50,000 year]y (also matching) for operational funds 
 if the acquisition grant is given. 
 
 PROPOSED ACTION 
 
 The grant request to NOAA for $656,500, which will be matched by the 
 State, will be used for the acquisition of approximately 11,612 acres of 
 real property within Padilla Bay, Skagit County, Washington. Of the 
 total amount, approximately 1,260 acres will be acquired in less than fee 
 simple; i.e., conservation or nondevelopment easements. All other lands, 
 excluding those identified for acquisition in easement and approximately 
 243 acres that are owned by Skagit County, the State Department of Game, 
 and the State Parks Commission are currently privately owned and will be 
 acquired in fee. The tidelands of Padilla Bay are classified as second 
 class tidelands in the State of Washington and comprise approximately 
 10,289 acres of the total proposed for the estuarine sanctuary area. 
 
ill 
 
 The composition of real property within the proposed sanctuary area is as 
 follows: 
 
 Identification Size in Acres 
 
 Orion Corporation - fee ownership 5,565 
 
 Orion Corporation - optioned real property 3,461 
 
 Skagit County 99 
 
 State of Washington 144 
 
 Associated Oyster Lands 930 
 
 Private - multiple ownerships 1 ,413 
 
 11,612 
 
 doe's authority for initiating the application to establish an 
 estuarine sanctuary was identified in the preliminary application, which 
 was approved by NOAA March 26, 1979. The definition of a sanctuary, its 
 purposes, sanctuary uses, the process for selecting Padilla Bay as an 
 estuarine sanctuary and why it is important, etc., were all described in 
 detail in the preliminary application, a part of which is included as 
 Appendix VI of this draft environmental impact statement. 
 
 To provide maximum public decisionmaking for the proposed estuarine 
 sanctuary, DOE established two citizen committees (Steering Committee and 
 Technical Advisory Committee) within the project area to studly and 
 determine the proposed sanctuary area and the programs that will be 
 conducted within the estuarine sanctuary. Therefore, the contents of 
 this draft environmental impact statement that are technical in nature 
 also reflect the policy decisions made by the two committees for the 
 formation of the estuarine sanctuary. These policy decisions were 
 recommended to, and accepted by, the Department of Ecology, State of 
 Washington. 
 
 COMMITTEE PURPOSE AND STRUCTURE 
 
 The formation of the two committees was designed to provide public 
 participation at the beginning of the estuarine sanctuary application 
 process, so the views of local government. Federal agencies, affected 
 landowners, and user organizations would be a consideration and motivating 
 factor during the decisionmaking process and would not be an informal 
 
TV 
 
 after-the-fact review of a completed project. The goal was to develop a 
 proposal that was a "consensus of opinion" by those individuals or groups 
 that would be most affected by the estuarine sanctuary proposal. 
 
 DOE assured the two committees that their participation was essential 
 to the formation of the proposed estuarine sanctuary and that their 
 decisions regarding sanctuary boundaries, size, and the sanctuary uses 
 (research, education, and recreation programs) would be incorporated into 
 the DOE/State application to NOAA as long as the decisions were consistent 
 with the U.S. Department of Commerce/NOAA guideline requirements and 
 appropriate Federal and State statutes. These recommendations have been 
 incorporated into this draft environmental impact statement. 
 
 Of primary concern was the formation of a philosophy that allowed 
 for coexistence of an environmental area (the estuarine sanctuary), 
 industry, agriculture, and other endeavors all within a community. This 
 philosophy entailed the identification of an environmental area as an 
 essential part of the community--no more or less than other community 
 needs--and that together with the economic base provided by industry and 
 the open space associated with agriculture, etc., the proposed estuarine 
 sanctuary will provide, by establishing a public use area with multiple 
 public use opportunities, a positive environmental contribution to the 
 overall social impact and livability of the community. 
 
 In addition, several policy positions that were in keeping with the 
 desired relationship DOE wanted to establish with local governmental 
 agencies regarding land acquisition were identified: 
 
 A. The State will not use the right of eminent domain (condemnation) 
 in the land acquisition program; 
 
 B. Real property acquisition will be negotiated and acquired on a 
 "willing seller" concept; and 
 
 C. Acquisition of real property that includes residences or 
 business and the relocation of people will not be initiated 
 by the State. 
 
 Management 
 
 Uses that are compatible with the intent of establishing the estuarine 
 sanctuary will be allowed under existing local. State, and Federal 
 statutes. Uses that would destroy or alter the nature of the ecosystem 
 will not be allowed within the sanctuary. Examples of allowed uses are: 
 sport and commercial fishing and shellfish harvesting, hunting, non- 
 intensive recreation, navigation, and the maintenance dredging of existing 
 channels. Prohibited activities include: expansion of existing channels 
 
or creation of new channels unless specifically authorized by statutes, 
 and significant alteration of water flow patterns including circulation 
 patterns within the bay. 
 
 The Manager for the land and waters of the proposed sanctuary will 
 be the Washington State Department of Game. To assist the Department 
 with this task, the Padilla Bay Estuarine Sanctuary Management Committee 
 will provide a vehicle for the consideration and approval of recommendations 
 to the Game Department for management activities. This advisory committee 
 will be selected by the Steering Committee previously discussed. 
 
 Research, Education and Recreation Plans 
 
 The proposed Padilla Bay Research Program (as determined by the 
 Padilla Bay Estuarine Sanctuary Technical Committee--Research Subcommittee) 
 has been designed to utilize the services of two local marine laboratories 
 and an interpretative center that will both assist the marine laboratories 
 in their efforts and will initiate its own research efforts in the sanctuary. 
 An interpretative center would: (1) complement and fill identified 
 research voids in programs that cannot be provided by existing facilities 
 and/or programs, (2) provide an opportunity for private and public bodies 
 to stuc^y, analyze, and interpret the ecosystems and biological characteristics 
 in the Padilla Bay area in particular, and the north Puget Sound area, in 
 general, and (3) establish for research and education programs an on-site 
 centralized public use facility that will provide an opportunity for a 
 better understanding of the importance and value of estuarine systems and 
 their management needs for citizens, schools, and public and private 
 organizations. 
 
 The education program element of the Estuarine Sanctuary Program was 
 initiated by the Padilla Bay Technical Committee--Education Subcommittee, 
 approved by the full Technical Committee, and adopted by the Steering 
 Committee as the Padilla Bay Estuarine Sanctuary Education Policy and 
 Program. The following are the goals for utilizing Padilla Bay as a 
 learning resource: 
 
 1. An accurate and comprehensive grounding in how the estuarine 
 environment works; 
 
 2. Experience in valuing environmental quality; 
 
 3. Experience in how personal choices and actions affect 
 environmental quality; and 
 
 4. Experience in methods of enacting community responsibility. 
 
It is the intent of the DOE to use this environmental education plan 
 as a guideline to establish an environmental education link between the 
 general public (individual citizens, recreation, environmental, and social 
 groups, etc., and clubs and organizations) and institutions of learning 
 (universities, common schools, governmental agencies, etc.)* 
 
 The recreation program element of the Estuarine Sanctuary Program 
 was initiated by the Padilla Bay Technical Committee--Recreation Subcommittee, 
 approved by the full Technical Committee, and adopted by the Steering 
 Committee as the Padilla Bay Estuarine Sanctuary Recreation Policy and 
 Program, with the additional requirement that all current uses (recreational) 
 that now exist in Padilla Bay will continue once the estuarine sanctuary 
 is established. 
 
 NOAA's Estuarine Sanctuary Guidelines state that while the primary 
 purpose of estuarine sanctuaries is to provide long term protection for 
 natural areas, so that they might be used for scientific and educational 
 purposes, multiple use of estuarine sanctuaries may be increased to the 
 extent that such use is compatible with the primary sanctuary purpose. 
 The capacity of a given sanctuary to accommodate multiple uses and the 
 kinds and intensity of such uses will be determined on a case-by-case 
 basis. While it is anticipated that compatible uses may generally include 
 activities such as low intensity recreation (i.e., fishing, hunting, 
 boating, non-commercial taking of shellfish, wildlife conservation, 
 commercial fishing, etc.), it is recognized that the exclusive use of a 
 specific area for scientific or educational purposes may provide the 
 optimum benefit to coastal zone management and recreational resource use 
 restriction may, on occasion, be necessary. 
 
 The Steering Committee was responsible for providing the direction 
 and decisions for establishing the sanctuary. The committee, composed of 
 12 members, of whom 9 were "local residents," represented a diversified 
 and responsible segment within the community to provide the direction for 
 the proposed sanctuary project. Composition of the committee included: 
 the manager of the Port of Anacortes (in which the project area is 
 located); Chairman of the Board of County Commissioners; from industry, 
 the managers of two oil refineries located near the west boundary of the 
 proposed sanctuary; the director of an Indian tribal community that 
 borders on the proposed sanctuary boundary; the director of the State 
 Department of Game; the president of the State Environmental Council; the 
 president of the community college in the area in which the sanctuary is 
 proposed; a former Western Washington University president who is now 
 director of the University's marine laboratory program; the director of 
 the University of Washington's marine laboratory facilities in the San 
 Juan Islands; the president of the State Sportsmen's Council; a city 
 councilman in the city located nearest to the project area; and the area 
 manager of the U.S. Fish and Wildlife Service. 
 
vn 
 
 The formation of the membership of the Technical Advisory Committee 
 was determined by members of the Steering Committee, as well as DOE. 
 This committee was composed of 23 members, basically people who are 
 qualified authorities in the areas of government, education, research, 
 recreation, and the environment. Of the 23 members, 13 were "local 
 residents." 
 
 It was the responsibility of the Technical Advisory Committee to 
 consider all aspects of the formation of the proposed estuarine sanctuary 
 project. This committee was divided into five subcommittees (boundary 
 and project area, research, education, recreation, and financial resources) 
 that studied required aspects of the proposed project using NOAA estuarine 
 sanctuary procedural guidelines and made recommendations to the full 
 Technical Committee. 
 
 Once the full Technical Committee reached a decision and approved 
 the subcommittee recommendations for the sanctuary project, those 
 recommendations were submitted to the Steering Committee. The Steering 
 Committee considered each Technical Committee recommendation and through 
 coordination with the Technical Committee and its decisionmaking process, 
 approved the recommendations or variations thereof as policy direction. 
 
 DOE will use the policy direction established by the Steering Committee 
 as part of its application for the land acquisition portion of the proposed 
 sanctuary project. 
 
 (Additional information, including membership lists of the two 
 committees, is included in Appendix VII of this document.) 
 
PART I: PURPOSE OF AND NEED FOR ACTION 
 
 In response to the intense pressures upon the vitally important 
 coastal zone of the United States, Congress passed the Coastal Zone 
 Management Act (CZMA), which was signed into law on October 27, 1972 
 (P.L. 92-583), and amended in 1976. The CZMA authorized a Federal 
 grant-in-aid and assistance program to be administered by the Secretary of 
 Commerce, who in turn delegated this responsibility to the Office of 
 Coastal Zone Management (OCZM) of the National Oceanic and Atmospheric 
 Administration (NOAA). 
 
 The CZMA affirms a national interest in the effective protection and 
 development of the Nation's coastal zone, and provides assistance and 
 encouragement to coastal States (including those bordering the Atlantic 
 and Pacific Oceans, the Gulf of Mexico, and the Great Lakes) and U.S. 
 territories to develop and implement State programs for managing their 
 coastal zones. The Act established a variety of grant-in-aid programs to 
 such States for the purposes of: 
 
 developing coastal zone management programs (§305); 
 
 implementing and administering management programs that 
 receive Federal approval (§306); 
 
 avoiding or minimizing adverse environmental, social, and 
 economic impacts resulting from coastal energy activities 
 (§308); 
 
 coordinating, studying, planning, and implementing interstate 
 coastal management activities and programs (§309); 
 
 conducting research, study, and training programs to 
 scientifically and technically support State coastal 
 management programs (§310); and 
 
 acquiring estuarine sanctuaries and acquiring land to provide 
 for shorefront access and island preservation (§315). 
 
 The Estuarine Sanctuary Program authorized by §315 of the CZMA 
 establishes a program to provide matching grants to States to acquire, 
 develop, and operate natural estuarine areas as sanctuaries so that 
 scientists and students may be provided the opportunity to examine the 
 ecological relationships within the areas over a period of time. §315 
 provides a maximum of $2,000,000 of Federal funds, to be matched by 
 
the equivalent amount from the State, for each sanctuary. Guidelines for 
 implementation of the Estuarine Sanctuary Program were published in final 
 form on June 4, 1974 [15 CFR Part 921, Federal Register 39 (108): 19922- 
 19927] and amended on September 9, 1977 [15 CFR Part 921 , Federal Register 
 42 (175): 45522-45523] (Appendix I). 
 
 Sanctuaries established under this program have the dual purpose of 
 (1) providing relatively undisturbed areas so that a representative series 
 of natural coastal ecological systems will always remain available for 
 ecological research and education; and (2) ensuring the availability of 
 natural areas for use as a control against which impacts of human activities 
 in other areas can be assessed. These sanctuaries are to be used primarily 
 for long term scientific and educational purposes, especially to provide 
 information essential to coastal zone management decisionmaking. Such 
 research programs may include: 
 
 Gaining a thorough understanding of the natural ecological 
 relationships within the variety of estuarine environments 
 of the United States; 
 
 Making baseline ecological measurements; 
 
 Serving as a natural control against which changes in other 
 estuaries can be measured, and facilitating evaluation of 
 the impact of human activities on estuarine ecosystems; and 
 
 Providing a vehicle for increasing public knowledge and 
 awareness of the complex nature of estuarine systems, their 
 values and benefits to man and nature, and problems with 
 which estuaries are confronted. 
 
 While the primary purpose of estuarine sanctuaries is scientific and 
 educational, multiple use of estuarine sanctuaries will be encouraged to 
 the extent such usage is compatible with the primary sanctuary purpose. 
 Such uses may generally include such activities as low intensity recreation, 
 boating, non-commercial taking of shellfish, fishing, hunting, and wildlife 
 observation. 
 
 The CZMA and the sanctuary guidelines envision that the Estuarine 
 Sanctuary Program ultimately will fully represent the variety of regional 
 and ecological differences among estuaries. The regulations indicate that 
 "the purpose of the estuarine sanctuary program. . .shall be accomplished 
 by the establishment of a series of estuarine sanctuaries which will be 
 designated so that at least one representative of each estuarine ecosystem 
 will endure into the future for scientific and educational purposes" 
 [15 CFR 921.3(a)]. As administered by OCZM, the Estuarine Sanctuary 
 Program defined 11 different biogeographic provinces or classifications 
 
based on geographic, hydrographic, and biologic characteristics. 
 Subcategories of this basic system will be utilized as appropriate to 
 distinguish major regions or subclasses of each province. It is anticipated 
 that a minimum of 21 sanctuaries will be necessary to provide adequate 
 representation of the Nation's estuarine ecological systems. 
 
 Between 1974 and the present, OCZM has awarded grants to establish 
 seven estuarine sanctuaries. These include: 
 
 Sanctuary 
 
 South Slough 
 Coos Bay, Oregon 
 
 Duplin River/ 
 
 Sapelo Island, Georgia 
 
 Waimanu Valley 
 
 Island of Hawaii, Hawaii 
 
 Rookery Bay 
 
 Collier County, Florida 
 
 Old Woman Creek 
 Erie County, Ohio 
 
 Apalachicola River/Bay 
 Franklin County, Florida 
 
 Elkhorn Slough 
 
 Monterey County, California 
 
 Biogeographic Classification 
 Columbian 
 
 Carolinian 
 
 Insular 
 
 West Indian 
 
 Great Lakes 
 
 Louisianian 
 
 Californian 
 
 The proposed action currently under consideration by OCZM is the 
 formal grant application by the State of Washington for an estuarine 
 sanctuary consisting of approximately 11,612 acres of lands and waters 
 within Padilla Bay, which includes 16 miles of shoreline. The application 
 requests $656,500 from NOAA, to be matched by $656,500 appropriated by 
 the State legislature, for the purchase of approximately 11,612 acres of 
 tidelands. The proposed sanctuary would be representative of a major 
 subcategory of the Columbian Biogeographic Classification, further 
 completing the series of nationwide representative estuarine systems 
 established as provided for in §315 of the CZMA. 
 
 The proposal follows several years of interest in and concern about 
 the Padilla Bay system by State and local officials. Federal agencies, 
 universities, environmentally oriented organizations, and concerned 
 individuals. Padilla Bay is the largest area relatively undisturbed by 
 
man in Puget Sound and it is extremely accessible to great numbers of 
 people for research, educational, and recreational purposes. It is also 
 a prime site for industrial development. As a result of the great deal 
 of concern expressed for this area, in 1979 Washington submitted an 
 application to OCZM for a preliminary acquisition grant for the Padilla 
 Bay system. In March 1979, OCZM awarded Washington a $50,000 preliminary 
 acquisition grant, which enabled the State to 1) complete an appraisal of 
 the lands proposed to be acquired; and 2) prepare management, education, 
 research, and recreation plans. 
 
5 
 
 PART II: ALTERNATIVES (INCLUDING PROPOSED ACTION) 
 
 A. Preferred Alternative 
 
 The State of Washington has submitted an application for a grant in 
 the amount of $656,500 from OCZM, to be matched by an equivalent (or 
 greater) amount of State funds, for the acquisition and establishment of 
 an estuarine sanctuary within Padilla Bay. The grant would enable 
 Washington to acquire and operate an estuarine sanctuary that approximates 
 a natural ecological unit. The proposed sanctuary would include 11,612 
 acres of real property, of which 243 acres are now publicly owned. 
 Acquisition will be through negotiation only, since the Steering Committee 
 and State of Washington have agreed on a policy of no condemnation. The 
 proposed sanctuary will be managed by the Washington State Department of 
 Game. 
 
 1. Boundaries and Acquisition of Sanctuary Lands 
 
 The proposed sanctuary boundary described here is consistent with 
 the boundary approved by the Steering Committee (November 29, 1979) and 
 the State of Washington Department of Ecology. See Figure 1 for location 
 and boundary map. 
 
 Located in northern Puget Sound, Padilla Bay lies approximately five 
 miles northeast of Anacortes and nine miles northwest of Mount Vernon, 
 the county seat of Skagit County, Washington. Prominent local features 
 are identified as follows: 1) Padilla Bay, 2) Swinomish Channel, 
 3) March Point, 4) Anacortes, 5) Guemes Island, 6) Hat Island, 7) Samish 
 Island, 8) Bay View State Park, 9) Saddlebag Island State Park, and 
 10) Bay view Community. 
 
 The proposed sanctuary's southern boundary is the Burlington Northern 
 Railroad right-of-way, which is located parallel to State Highway 20. 
 Surrounding the proposed eastern boundary, which is approximately eight 
 miles long, is agricultural land, the Bayview residential area, Bay View 
 State Park, and the unincorporated Bayview Community. The northern 
 boundary is Samish Island, a high bank residential area. Part of the 
 northern boundary is located 500 feet south of the south shoreline (meander 
 line) of Samish Island. The western boundary is open water that includes 
 the Swinomish Channel and open water to the San Juan Islands. The southern 
 part of the western boundary is located consistent with the "claimed" 
 Swinomish Indian Tribal Community boundary. The northern part of the 
 boundary is the "seaward boundary," established in 1931 by the State 
 Commissioner of Lands, and the western boundary of Saddlebag State Park. 
 
Smelair It. 
 
 !\ rVindovi 
 
 ^'0^ Isl tnd 
 
 SAMISH 
 
 BAY 
 
 Fish Point 
 
 Location Map 
 
 FIGURE 1. Padilla Bay National Estuarine Sanctuary, Skagit County, Washington 
 
The tidelands were first purchased from the State in 1906. A 
 subdivision of the tidelands was accomplished in 1931 when Padilla Bay 
 tracts were established by Court Case No. 13653 from the survey map 
 created by State Field Engineer Edward C. Donn. 
 
 There are four basic groupings of real property within the proposed 
 project: 1) the Padilla Bay tracts, 2) Associated Oyster Lands, Inc., 
 3) Padilla Bay multiple ownerships, and 4) upland areas. The Padilla Bay 
 tracts are a total of 846 tracts extending from the northern part of the 
 project to the southern part of the project. Ownership according to tidal 
 reports comprised the second class tidelands that lie between the meander 
 line and the line of extreme low tide. The Padilla Bay tracts are numbered 
 as follows: beginning with number one at the west tip of Samish Island 
 and continuing with a consecutive numbering to a point south of Bayview, 
 where the last tract number is 846, Most tracts have a baseline distance 
 following the government meander line of approximately 63.64 feet. Each 
 tract is a thin, triangular strip of tidelands with a surveyor's control 
 point where all 846 tracts converge. 
 
 The second class tidelands extend between the meander line and mean 
 low water line and vary in distance from two to three miles. The size of 
 the tracts vary; for example, tract one is approximately 12,814.67 feet 
 long and consists of 9.37 acres, while the longest tract (number 220) is 
 approximately 17,200 feet in length and consists of approximately 11.6 acres. 
 
 The tracts are completely submerged at high tide and have no legal 
 or public access to the uplands, which are under different ownership. 
 The major portion of the property is exposed at low tide with a water 
 depth of one or two feet over the remainder. There is not direct access 
 to the property by public road. Legal access is only by water. The 
 higher land on a bank varying from 10 to 100 feet in height overlooking 
 the bay is mostly used for occasional single family residential or private 
 recreational use. The low flat upland area abutting the project is used 
 for agricultural purposes, with little likelihood of a change of usage in 
 the foreseeable future. 
 
 The Associated Oyster Lands, Inc., was also platted in 1930 and 
 includes 930 acres of tidelands in the southwest portion of the proposed 
 project. There are 943 tracts in this platted area with approximately 
 350 individual owners. Each tract is approximately one acre in size, is 
 a thin triangular strip, and is 6 feet wide at the baseline and approximately 
 14,600 feet long. These tidelands do not begin at the meander line, but 
 rather are extended seaward, leaving one or more ti del and ownerships 
 between the tract and the uplands. 
 
 A third triangular shaped tideland tract and multiple ownership 
 tracts of irregular sizes lie between Padilla Bay tracts and the Associated 
 Oyster Lands, Inc. This unplatted tract, like Associated Oyster Lands, 
 has other tidelands between the meander line and the tract baselines. 
 
8 
 
 The upland area consists of 3 specific areas that are identified as 
 follows: a) a 16 acre tract located on the project's eastern boundary 
 approximately 300 feet south of the Joe O'Leary Slough (see Figure 1-- 
 stripped area); b) a 64 acre tract identified as the Breazeale property 
 located on the project's eastern boundary approximately 1,500 feet south 
 of Joe O'Leary Slough; and c) approximately 1,243 acres that make up the 
 entire southern end of the proposed project area (see Figure l--stripped 
 area). This area is a combination of tidelands and upland agricultural 
 area. 
 
 The 9,956 acre tideland area is to be acquired in fee simple or by 
 way of negotiated easements. The 64 acre Breazeale property is currently 
 in State (Game Department) ownership, as dire 34 acres in the Telegraph 
 Slough area in the southern upland portion of the project. The upland 
 areas will be acquired through negotiated easements. 
 
 2. Management 
 
 a. Management Plan 
 
 The specific management policies developed for the Padilla Bay 
 Estuarine Sanctuary will include that area within the management boundary, 
 which is the sanctuary boundary except for Bayview and Saddlebag State 
 Parks, as indicated in Figure 1. The management policies will be based 
 on the primary objective of managing the tidelands and uplands within 
 the sanctuary to maintain their ecological integrity to ensure the long 
 term protection of the natural processes and resources for research, 
 education, and recreation. 
 
 Uses that are compatible with the intent of establishing the sanctuary, 
 
 however, will be allowed if consistent with local. State, and Federal 
 
 statutes. Uses that would destroy or alter the nature of the ecosystem 
 will not be allowed within the sanctuary. 
 
 The sanctuary Steering Committee will have the formal role of approving 
 the management concept. Therefore, the Estuarine Sanctuary Management 
 Plan will be formulated according to policies and rules established by 
 legislation--existing or new--and the decisions and policy direction of 
 the Steering Committee. 
 
 The combination of tidelands and uplands within the sanctuary boundary 
 represents the major components of the viable ecosystem; however, some 
 activities or uses beyond the boundary of the sanctuary could significantly 
 affect the ecology of the sanctuary. Of particular importance are activities 
 that take place on the Swinomish Indian Tribal community industrial area, 
 activities within the Swinomish Channel area, the water discharge from 
 agricultural lands, and the potential impact of the adjacent industrial 
 
area. Existing local and State statutes and regulations appear fully 
 adequate to address any potential problems resulting from these uses in 
 adjacent water or lands. In addition, because of the support provided by 
 representatives of government and the private sector, who comprise a 
 majority of the members of the Steering and Technical Committees, it is 
 anticipated that these jurisdictions will administer their programs or 
 responsibilities in a manner that will not jeopardize the integrity of 
 the sanctuary. Designation of the sanctuary would not, therefore, result 
 in the need for new or additional regulations in these areas. In this 
 manner, it will be possible to maintain a sanctuary and achieve its 
 objectives while continuing to use the area as a multiple use resource, 
 i.e., research, education, and recreation. 
 
 Three major requirements are identified herein in order to maintain 
 the integrity of the sanctuary ecosystem. 
 
 1. The maintenance of sufficient quantities of water inflow (from 
 existing agricultural lands), which is comprised of overland drainage, 
 mostly delivered at appropriate seasonal and annual levels to maintain the 
 natural ecological system. 
 
 2. The maintenance of water quality by the prevention of significant 
 degradation of sanctuary waters. The existing authority under the State 
 Shoreline Management Act identifies the shorelines of the sanctuary as 
 "shorelines of statewide significance," and therefore, places a special 
 emphasis on the use and protection of the shorelines. 
 
 3. The prevention of physical alterations through dredging and 
 filling. Mineral extraction, waste discharge or disposal, and any type 
 of agriculture suggested for the sanctuary would not be allowed if these 
 activities would significantly alter the hydrographic patterns, ecological 
 productivity, or surface area of the bay. Again, existing authorities 
 under the State Shoreline Management Act are adequate to provide the 
 necessary protection. 
 
 Within the context of the existing statutes and the policy direction 
 from the Estuarine Sanctuary Steering Committee, the following specific 
 policies apply to the general management of the sanctuary. 
 
 Allowed Uses : 
 
 1) Recreation and commercial fishing, shellfish harvest, and 
 hunting subject to current fishing and hunting regulations. 
 
 2) Education programs as approved by the Sanctuary Steering 
 Committee. 
 
10 
 
 3) Research programs approved by the Sanctuary Steering 
 Committee. 
 
 4) Recreation as approved by the Sanctuary Steering Committee 
 except that recreation activities allowed at Bayview and 
 Saddlebag State Parks will be determined by the State 
 Parks Commission. 
 
 5) Continuation of existing shellfish, fish, or vegetation 
 rehabilitation programs. 
 
 6) Navigation and maintenance dredging of existing channels. 
 Prohibited Uses : 
 
 1) Expansion of existing channels or creation of new navigation 
 channels unless specifically authorized by statutes. 
 
 2) New public works and/or projects that require dredging and 
 filling. 
 
 3) Significant alteration of water flow patterns including 
 circulation patterns within the bay. 
 
 4) Any activity that will lead to significant degradation of 
 water quality and biological productivity. 
 
 5) Dumping of dredging spoils. 
 
 b. Administration of the Sanctuary 
 
 As a major landowner in the vicinity of the sanctuary and as a 
 landowner within the sanctuary boundaries, the State Department of Game 
 will be the manager for the land and waters of the proposed estuarine 
 sanctuary. The agency will be responsible for the day-to-day administra- 
 tion of the sanctuary. 
 
 To assist the Department of Game with this task, the Padilla Bay 
 Estuarine Sanctuary Management Committee will serve as a vehicle for the 
 consideration and approval of recommendations to the agency for the 
 management activities. 
 
 The Department of Game will be responsible for employing, training, 
 and supervising sanctuary personnel, who will be trained in the resource 
 management, planner, and biology fields. The duties and responsibilities 
 of agency sanctuary personnel will include but not be limited to: 
 
11 
 
 1) Serving as staff to the Sanctuary Management Committee. 
 
 2) Administration of the sanctuary, including preparing required 
 State, Federal, etc., grant applications, proposals, budgets, 
 and reports, and managing the necessary administration records. 
 
 3) Representing the agency and Sanctuary Management Committee, as 
 directed, in public hearings and meetings. 
 
 4) Advising and coordinating units of government on particular 
 issues, questions, or projects, and their impacts on, or 
 relationship to, the sanctuary as directed by the agency 
 and Sanctuary Management Committee. 
 
 5) Coordinating all research activities within or related to 
 the sanctuary and interpreting the applied research results 
 to produce benefits of a general nature. 
 
 6) Developing an oversight of the educational program for the 
 sanctuary. 
 
 7) Coordinating the recreation program, where appropriate for 
 the sanctuary. 
 
 8) Coordinating and taking appropriate action on all projects 
 or activities that might affect the sanctuary. 
 
 The sanctuary manager will be hired by and held accountable to the State 
 agency. 
 
 c. Sanctuary Management Committee 
 
 In order to provide for effective coordination and cooperation 
 among all interests involved with the sanctuary program, a Sanctuary 
 Management Committee will be established. 
 
 The committee will have ten members with a majority being local 
 citizens. The composition of the committee will include representatives 
 from State and local government, elected officials, and knowledgeable and 
 qualified persons from the research, educational, and recreational community, 
 
 Committee memberships shall include: one member of the Board of 
 Skagit County Commissioners; one representative of the Department of 
 Ecology, appointed by the Director of Ecology; one representative of the 
 State Department of Game, appointed by the Director of Game; one 
 representative of the National Oceanic and Atmospheric Administration; and 
 
12 
 
 six citizens who reside in Skagit County who shall be appointed by the 
 Chairman of the Board of Skagit County Commissioners, including one 
 member from the educational community, one member from the research 
 community, and one member from the recreation community. 
 
 Terms of the committee members will be staggered in length of time 
 for the first term except that representatives from the Department of 
 Ecology, Game, and NOAA are ongoing positions and the County Commissioner 
 shall serve during his term of office. Therefore, the six citizen 
 members shall serve as follows: citizen #1 for a one year term (July 
 1, 1981 - June 30, 1982); citizen #2 - for one year (July 1, 1981 - June 
 30, 1982); citizen #3 - for two years (July 1, 1981 - June 30, 1983); 
 citizen #4 - for two years (July 1, 1981 - June 30, 1983); citizen #5 - 
 for three years (July 1, 1981 - June 30, 1984); and citizen #6 - for three 
 years (July 1, 1981 - June 30, 1984). Thereafter, all terms of committee 
 membership shall be for three years except for committee membership 
 appointments that are made to fill a vacant position. Such appointments 
 shall be made to fill the remainder of the vacant term. 
 
 In addition, three subcommittees may be formed by the Management 
 Committee as needed to make impact and input into the Sanctuary Management 
 Committee regarding the research, education, and recreational programs. 
 
 The Sanctuary Management Committee will serve in a variety of ways, 
 including both advisory and policy making, and may make recommendations 
 to the agency, through the Director of the Department of Game, that will 
 include, but not be limited to: 
 
 1) Reviewing and advising the agency on administration of the 
 sanctuary. In this role, the committee will: 
 
 a) Review the sanctuary manager job specifications and 
 qualifications prior to approval; 
 
 b) Review applicants for the sanctuary manager position 
 and recommend personnel to the agency, for their 
 consideration, prior to final selection; and 
 
 c) Recommend the sanctuary operating and capital budget programs. 
 
 2) Recommending sanctuary procedural guidelines for the operation of 
 the sanctuary. 
 
 3) Reviewing proposals for research, educational, and recreation 
 activities in the sanctuary lands and waters. 
 
 4) Reviewing the sanctuary management plan annually. 
 
13 
 
 5) Reviewing and advising the appropriate Federal, State, and 
 local governmental agency of proposed actions, plans, and 
 projects in, adjacent to, or affecting the sanctuary. 
 These include: 
 
 a) Review of A-95 projects; 
 
 b) Review of the regional impact of dredge and fill requests; 
 
 c) Waste discharge permits; 
 
 d) The lease and sale of state owned lands; and 
 
 e) Rules for aquatic preserves programs. 
 
 The Sanctuary Management Committee will meet at least once a month during 
 the first year following the award of the sanctuary grant. Thereafter, 
 the committee shall determine the frequency of its meetings. 
 
 d. Research Policy and Program 
 
 The major research recommendations for the proposed estuarine 
 sanctuary were generated by the Padilla Bay Estuarine Sanctuary Technical 
 Committee--Research Subcommittee, approved by the full Technical Committee 
 and adopted as the Estuarine Sanctuary Research Policy and Program by the 
 project Steering Committee. 
 
 An estuary is that part of a river or stream having an unimpaired 
 connection with the open sea, where the sea water is measurably diluted 
 from freshwater derived from land drainage. Historically, Padilla Bay 
 was a true estuary, part of the large Skagit River delta; however, the 
 bay is no longer connected to the Skagit River system, and at present 
 has only freshwater inflow from land drainage. Padilla Bay is without 
 question a prime area for a sanctuary, set aside to provide scientists 
 and students the opportunity to examine, over a period of time, the 
 ecological relationships within the area. Although some measurable human 
 disturbance such as channel dredging and diking land reclamation has 
 occurred to Padilla Bay and continues, the bay as a natural ecosystem 
 largely remains intact and in a natural state. 
 
 Consideration was given to the existence of two excellent marine 
 laboratories that are located in the general vicinity of the proposed 
 sanctuary: Western Washington University's Sundquist Marine Studies 
 Laboratory, at Anacortes; and the University of Washington Friday Harbor 
 Laboratory, located in the San Juan Islands. These two facilities provide 
 a wide range of research opportunities and can provide adequate support 
 facilities for the Padilla Bay Research Program. 
 
14 
 
 The primary purpose of estuarine sanctuaries is the long term 
 maintenance of ecosystems for scientific and educational purposes. However, 
 the Estuarine Sanctuary Guidelines states that "Multiple use of estuarine 
 sanctuaries will be encouraged to the extent that such use is compatible 
 with the primary sanctuary purpose." It is clear that long term protection 
 for research and education does not mean the exclusion of all human 
 activities; however, it is equally clear that any activity destructive to 
 the Padilla Bay natural ecosystem is not compatible and must be prohibited. 
 
 Instead of a specific list of permitted and prohibited uses, which 
 are identified in the management plan, the following guidelines are 
 compatible with the proposed research program: 
 
 1) All current uses of Padilla Bay Estuarine Sanctuary Management 
 Area should be allowed to continue until such time as a 
 management authority determines that a given activity is 
 destructive to the sanctuary based on site-specific scientific 
 data. 
 
 2) Any new activity proposed in the management area should require 
 an environmental assessment based on scientific data and 
 sanctuary management approval prior to being allowed. 
 
 In this manner, the public sector will enjoy maximum multiple use benefits 
 from the sanctuary while, at the same time, deriving the scientific and 
 educational benefits from an estuary that is preserved forever for public 
 use. 
 
 An interpretative center, which is proposed for the Game Department 
 Breazeale property located on the east shore of the sanctuary, will 
 include support facilities for field studies in cooperation with the 
 university programs noted above. In addition, the intent and purpose of 
 establishing an interpretative center are to: 
 
 1) Complement and fill identified research voids in programs 
 
 that cannot be provided by existing facilities and/or programs. 
 
 2) Provide an opportunity for private and public bodies to study, 
 analyze, and interpret the ecosystems and biological characteristics 
 in the Padilla Bay area in particular, and the north Puget Sound 
 area in general. 
 
 3) Establish an on-site centralized public use facility for 
 research-educational programs that will provide an opportunity 
 for a better understanding of the importance and value of 
 estuarine systems and their management needs for citizens, 
 schools, and public and private organizations. 
 
15 
 
 A listing of all research programs known to have taken place in 
 Padilla Bay is provided in Appendix II. Although this is a fairly long 
 list, it is clear that only the marine birds have received long term 
 quantitative study. Mammals, fish, and marine benthos (the flora and 
 fauna of the sea bottom) have received only short term study while the 
 epibenthos, plankton, and associated wetland benthos have received no 
 stu6y at all. Especially noteworthy is the absence of productive studies: 
 e.g., energy flow studies, fooa web studies, or an attempt to treat the 
 Padilla Bay ecosystem as an integral whole. 
 
 Beyond these biotic studies, little or no work has been done on the 
 abiotic Padilla Bay system (e.g., studies of Beach Bay sediment, 
 geomorphology, or physical and chemical oceanography of bay water) and on 
 the human impacts on or perturbation of the bay, including dredging for 
 channel maintenance; harvest of birds, fish, and shellfish; municipal and 
 industrial water pollution; and agricultural runoff pollution. 
 
 In spite of the major gaps in the existing data for Padilla Bay, it 
 is clear that the bay is a highly productive area that supports a diverse 
 and complex community of organisms. 
 
 As set forth in §315 of the CZMA, estuarine sanctuaries are 
 "...to serve as natural field laboratories in which to studiy and gather 
 data on the natural and human processes occurring within the estuaries of 
 the coastal zone." To facilitate development of this natural field 
 laboratory, the following research plan in outline form is proposed. 
 
 I. Natural Processes 
 
 A. Biotic 
 
 1. Ecosystem Structure 
 
 a. Marine Mammals 
 
 b. Marine Birds 
 
 c. Fish 
 
 d. Epibenthos 
 
 e. Benthos 
 
 f. Plankton 
 
 2. Ecosystem Function 
 
 a. Energy flow 
 
 b. Role of top carnivores (keystone species) in 
 maintenance of community structure. Determine 
 by inclusion and exclusion caging studies. 
 
16 
 
 B. Abiotic 
 
 1 . Water 
 
 2. Sediment 
 
 II. Human Processes: Environmental and Economic Effects of the 
 Following Should Be Determined. 
 
 A. Water Pollution 
 
 B. Shore and Bay Bottom Modification 
 
 C. Animal Harvesting 
 
 D. Nonconsumptive Recreational Uses: boating, beach walking, 
 bird watching, etc. 
 
 It is clear that a research program of this magnitude could not be 
 funded by a single agency or at a single time. It is essential, therefore, 
 that the major duty of the Padilla Bay Estuarine Sanctuary Managing Agency 
 and Management Committee should be the implementation and coordination of 
 the research program. The following list would be a starting point for 
 support of the research program. 
 
 List of Potential and Committed Research Organizations and Research 
 Funding Sources--Private and Public : 
 
 National Marine Fisheries Service 
 
 U.S. Fish and Wildlife Service 
 
 National Science Foundation 
 
 Ariny Corps of Engineers 
 
 National Oceanic and Atmospheric Administration 
 
 University of Washington 
 
 Western Washington University 
 
 Huxley College of Environmental Studies 
 
 Washington State Department of Game 
 
 Washington. State Department of Fisheries 
 
 Washington State Department of Ecology 
 
 Washington State Department of Natural Resources 
 
 City of Anacortes 
 
 Shell and Texaco Oil Refineries 
 
 Skagit Valley College 
 
 Swinomish Indian Tribal Community 
 
 A complete copy of the research plan is provided in Appendix II. 
 
17 
 
 Education Policy and Programs 
 
 The educational program element of the Estuarine Sanctuary Program 
 was initiated by the Padilla Bay Technical Committee--Educational 
 Subcommittee, approved by the full Technical Committee, and adopted by the 
 Steering Committee as the Padilla Bay Estuarine Sanctuary Education Policy 
 and Program. 
 
 This education program is designed to generate both public interest 
 in the value of the environment and a better understanding by the public 
 of the short term and long term programs that are initiated by CZM 
 decisionmakers to utilize, protect, restore, and preserve the State's 
 environment and shorelines. 
 
 Experience and knowledge of educational practices based on research 
 indicates that learning about natural resources, conservation, scientific, 
 social, and technological topics cannot be limited to verbal discourse. 
 Many of the physical activities associated with this learning must be 
 accomplished beyond the home or classroom. This kind of education requires 
 that educators extend learning experiences into the community. 
 
 The potential of the proposed Padilla Bay Estuarine Sanctuary to 
 provide a unique educational opportunity as a learning resource for both 
 formal educational programs and for nonformal interpretative or public 
 informational education opportunities is unparalleled in the State of 
 Washington. 
 
 With the opportunity of utilizing the Padilla Bay environment as a 
 learning resource, achievement in some measure of the following goals is 
 a primary intent: 
 
 1) An accurate and comprehensive grounding in how the estuarine 
 environment works. 
 
 2) Experience in valuing environmental quality. 
 
 3) Experience in how personal choices and actions affect 
 environmental quality. 
 
 4) Experience in methods of enacting community responsibility. 
 
 The plan for accomplishing these objectives consists of four major 
 systems: the governance system is composed of decisionmaking structures 
 that legitimize activities and government; the substantive system is 
 composed of the content and process of learning, and deals with the 
 definition of what is learned and how it is learned; the development 
 system is a cyclical, sequential approach to the construction and testing 
 
18 
 
 of necessary program materials and instructional strategies for both 
 formal and nonformal educational endeavors; and the delivery system 
 provides a thoughtful analysis of the requirements and strategies essential 
 for long term operation and support of the proposed Padilla Bay Education 
 Program. 
 
 It is the intent of DOE to use this environmental education plan as 
 a guideline to establish an environmental education link between the 
 general public (individual citizens; recreational, environmental, and 
 social groups, etc.; and clubs and organizations) and institutions of 
 learning (universities, common schools, governmental agencies, etc.). 
 This will be accomplished through organized instruction classes, lecturers, 
 interpretative displays, and programs, field trips, etc., in order to 
 produce an educational harmony regarding the environment. 
 
 The total environmental education effort will be directed toward a 
 better understanding of who we are and how we relate to our environment, 
 and why an understanding of this relationship is essential to human 
 existence. 
 
 This educational program approach will provide a vehicle for increased 
 public knowledge and awareness of the complex nature of estuarine systems, 
 their value and benefits to man and nature, and the problems confronting 
 them. 
 
 The complete Padilla Bay Estuarine Sanctuary Educational Program is 
 provided in Appendix III. 
 
 f. Recreation Policy and Program 
 
 The recreational program element of the Estuarine Sanctuary Program 
 was initiated by the Padilla Bay Technical Committee--Recreation Subcommittee, 
 approved by the full Technical Committee, and adopted by the Steering 
 Committee as the Padilla Bay Estuarine Sanctuary Recreation Policy and 
 Program, with the additional requirement that all current uses (recreational) 
 that now exist in Padilla Bay will continue once the sanctuary is 
 established. 
 
 The recreational program was approved consistent with the following: 
 
 1) NOAA Estuarine Sanctuary Guidelines--Multiple Use Requirements. 
 
 2) Padilla Bay's geographical and physiographical setting. 
 
 3) Results of the 1976 Skagit County Recreational Survey. 
 
19 
 
 4) The Steering Committee's policy, regarding continuation of 
 existing (recreational) uses within the established sanctuary. 
 
 5) Recommended location of estuarine sanctuary recreation 
 viewpoints. 
 
 NOAA's Estuarine Sanctuary Guidelines state that while the primary 
 purpose of estuarine sanctuaries is to provide long term protection for 
 natural areas so they may be used for scientific and educational purposes, 
 multiple use of estuarine sanctuaries will be encouraged to the extent 
 that such use is compatible with the primary sanctuary purpose. The 
 capacity of a given sanctuary to accommodate multiple uses, and the kinds 
 and intensity of such uses, will be determined on a case-by-case basis. 
 While it is anticipated that compatible uses may generally include 
 activities such as low intensity recreation (i.e., fishing, hunting, 
 boating, non-commercial taking of shellfish, wildlife conservation, 
 commercial fishing, etc.), it is recognized that the exclusive use of a 
 specific area for scientific or educational purposes may provide the 
 optimum benefit to coastal zone management and resource use, and may, on 
 occasion, be necessary. 
 
 Padilla Bay's geographic and physiographic setting has defined its 
 recreational use both in terms of kinds of recreational use and use 
 intensity. Access constrained both by substantial steep bank shorelines 
 and extensive exposed tidelands at low tide periods is the major factor 
 limiting recreational use and is primarily responsible for the bay's 
 present intactness. The bay's location at the gateway to the San Juan 
 Islands has also contributed to its preservation, due to other available 
 opportunities that draw recreationists away from the bay. 
 
 The 1976 Skagit County Recreational Survey, which was used to develop 
 the sanctuary recreation program, was cosponsored by the Skagit County 
 Recreational Development Association, Skagit County, the Washington State 
 University Cooperative Extension Service, Skagit County Planning Department, 
 Skagit County Park Board, and the Skagit County Board of Commissioners. 
 
 The Padilla Bay Estuarine Sanctuary Steering Committee adopted a 
 policy on October 4, 1979, requiring that "all (legal) existing (recreational) 
 uses that now occur in Padilla Bay shall continue once the estuarine 
 sanctuary is established." 
 
 There are limited opportunities for public use of Padilla Bay 
 shoreline with the exception of March Point and Bayview State Park. 
 Saddlebag Island is inaccessible to the majority of the people, as are 
 the agricultural and residential areas on the proposed sanctuary's south. 
 
20 
 
 east, and north boundaries. Expanded public use of the shoreline, 
 especially on the mainland, would be a desirable component of estuarine 
 recreational plan development. 
 
 A complete copy of the recreation program is provided in Appendix IV. 
 
 B. Alternatives Considered 
 
 1. Funding 
 
 Without Federal assistance, the State of Washington by itself could 
 not purchase all of the area proposed for acquisition. Although the 
 sanctuary proposal has received extensive State and Federal review as it 
 developed, no other agency has expressed the ability to provide funding 
 for acquisition. Moreover, even if other funding sources were available, 
 they would not meet the explicit needs and objectives of the Estuarine 
 Sanctuary Program. 
 
 Because the Estuarine Sanctuary Program is basically one of Federal 
 response to State initiatives, the alternatives for Federal action are 
 limited. OCZM could accept the application as presented or request 
 modification but award a grant in either case, or it could refuse to 
 accept the application and decline the grant. OCZM has worked with the 
 State of Washington since it first indicated interest in the Estuarine 
 Sanctuary Program, and OCZM's input has caused some modification of the 
 proposal. 
 
 The basic difference between the proposed action and "no action" is 
 the degree of protection afforded. The proposed action insures a high 
 degree of protection by preserving the natural functioning ecosystems and 
 environmental quality from destructive intrusions in the form of diking, 
 dredging, filling, chemical discharges, and major disturbances from human 
 activity. Because the existing controls are thought to be inadequate to 
 fully ensure the ecological integrity of Padilla Bay estuary (and its 
 rich and unique wildlife assemblages), the no funding alternative is less 
 beneficial than that of creating an estuarine sanctuary. 
 
 Delay of the grant would permit other States within the Columbian 
 classification to develop estuarine sanctuary proposals for submission to 
 NOAA. However, the States are not in direct competition for designation 
 of a single sanctuary, and the award of a grant does not preclude other 
 grants in the same region if an appropriate subcategory is identified. 
 
 Unless the application lacked merit, the outright refusal to award a 
 grant would serve no purpose. Indeed, in view of the widely acknowledged 
 need for estuarine preservation (for example, the National Estuary Study, 
 1970, and Ketchum, 1972), such action would be contrary to the public 
 interest. 
 
21 
 
 2. Site Selection 
 
 The State of Washington performed a very intensive site selection 
 process. The result was that Padilla Bay was an outstanding candidate 
 for National Estuarine Sanctuary status. The interested reader is referred 
 to Appendix V for a description of the site selection process. 
 
 3. Boundaries 
 
 The Steering Committee considered a wide range of boundaries during 
 the yearlong planning process. The boundaries proposed represent an area 
 that approximates an ecological unit for estuarine sanctuary purposes and 
 at the same time recognizes that industry and agriculture coexist in the 
 same area. The most notable change from the orignally proposed boundary 
 is the 500 foot buffer strip at the north end of the sanctuary, adjacent 
 to Samish Island. This 500 foot buffer was added so that uses by the 
 public would not affect the property owner's quiet enjoyment of his land. 
 
 A major alternative to the proposed boundaries was considered by the 
 Steering Committee, but rejected. This boundary alternative would 
 basically be to draw a straight line from March Point, north, to the 
 western end of Samish Island, including the western 100 acres of Samish 
 Island. The major basis for rejection was that a large portion of the 
 land in the expanded boundaries is claimed by the Swinomish Indian Tribal 
 Community and that a lawsuit is currently being prepared. It is expected 
 that this suit could be in litigation for 4-5 years and NOAA might be 
 drawn into the suit if the additional acreage were included within the 
 proposed boundaries. Also, the estimated cost of Hat Island, which would 
 be included in this area, is $600,000 and the estimated cost of the 100 
 acres on Samish Island is $1 ,500,000--both beyond the reach of OCZM and 
 State acquisition. 
 
 4. Alternate Methods of Acquisition and Protection 
 
 Washington, during the development of its application, examined a 
 variety of possible funding sources and alternative methods of protection. 
 These possible sources included: 
 
 Federal Acquisition 
 
 Pi ttman -Robertson Fund 
 Dingell -Johnson Act 
 Migratory Bird Conservation Fund 
 Land and Water Conservation Fund 
 Estuarine Sanctuary Program 
 
 State Acquisition 
 
 Legislatively Appropriated 
 
 Interagency Committee for Outdoor Recreation (lAC) 
 
22 
 
 Washington annually receives funds from the Pittman-Robertson Fund 
 and the Dingel 1-Johnson Act. However, these funds are used for wildlife 
 habitat restoration and fish habitat restoration, respectively. These 
 funds generally are used for manipulative management programs, which 
 would not be entirely compatible with sanctuary objectives. Similar 
 considerations apply to the Migratory Bird Conservation Fund, as the 
 objectives are somewhat different from those of the project proposed. 
 The Land and Water Conservation Funds are generally appropriated for 
 projects that provide more recreational uses of the land than is 
 envisioned within the sanctuary. 
 
 The State Legislature and the Governor on a .case-by-case basis 
 appropriate funds for land acquisition. Therefore, unless the funds were 
 appropriated for Padilla Bay, other State funds could not be used. It 
 should also be noted that Congress, during the passage of the Coastal 
 Zone Management Act of 1972, intended the sanctuaries program not to 
 duplicate existing Federal acquisition programs. 
 
 5. No Action 
 
 Under this alternative, Padilla Bay would not be acquired as an 
 estuarine sanctuary. 
 
 This alternative would leave the future of Padilla Bay with various 
 regulatory bodies attempting to protect the area under existing authority, 
 with no planning for research, education, or recreation. Future development 
 could lead to a deterioration of the ecological values of one of Washington's 
 last remaining relatively natural estuaries. The effect on the endangered 
 species and the indigenous fish and wildlife could be \fery harmful under 
 the no action alternative. 
 
 The Padilla Bay estuary has the most extensive eel grass beds in 
 North America. The eel grass beds, expansive tideflats, and fringing salt 
 marshes support large concentrations of shorebirds and waterfowl (33 
 species) including the Pacific or black brandt for which the bay is a 
 strategic staging area in the Pacific flyway. Adjoining delta lowlands, 
 as well as marshes and tideflats, are important foraging and wintering 
 grounds for several species of hawks and owls, including the endangered 
 American peregrine falcon and the threatened bald eagle. This area is 
 believed to support the largest known wintering population of American 
 peregrine falcons in North America: approximately 10 to 12 individuals. 
 This may make Padilla Bay and the adjacent flats an area of national 
 concern. 
 
 As mentioned previously, unless there are serious defects in the 
 application, the no action alternative would be contrary to the State and 
 Federal goals of preserving representative estuaries within the coastal 
 zone of the United States. 
 
23 
 
 PART III: ENVIRONMENTAL CONSEQUENCES 
 
 A. Environmental Impacts of the Proposed Action 
 
 1. General Impacts 
 
 The overall impact of establishing the State's proposed estuarine 
 sanctuary would be environmentally beneficial. Social and economic 
 impacts would be both beneficial and adverse to some degree. 
 
 The proposed sanctuary would entail minimal development or physical 
 alteration of present environmental conditions. It would not substantially 
 change present activities or uses in or adjoining the proposed sanctuary 
 area. Although a variety of regulatory programs currently exist at local, 
 State, and Federal levels, they are not believed to be adequate to 
 guarantee the preservation of these unique wildlife ecosystems. The 
 effect of establishing an estuarine sanctuary would be to ensure long 
 term protection for significant population segments of an endangered 
 species (American peregrin falcon), a threatened species (bald eagle), 
 and other wildlife species of concern (black brant, ducks, shorebirds, 
 raptors, harbor seals, and others). 
 
 In addition, the sanctuary would preserve the integrity of Padilla 
 Bay against possible destruction of large areas of eelgrass, marsh, and 
 intertidal habitats by major diking, dredging, or filling projects, such 
 as have previously been proposed for Padilla Bay. Sanctuary status would 
 ensure long term natural productivity and continued ecosystem functioning 
 of a significant portion of the scarce and diminishing estuarine habitat 
 remaining in the Pacific Northwest. 
 
 Creation of the proposed sanctuary might result in some future 
 modification of present patterns of waterfowl hunting and other recreational 
 activity. This might be done to accommodate new programs for enhancing 
 research and educational /interpretative uses and to provide for the needs 
 of sensitive wildlife species. However, access and overall availability 
 of waterfowl hunting opportunity would not be reduced. Public hunting 
 would instead be increased by habitat improvements south of Padilla Bay 
 and by opening more areas for public hunting. While public use of the 
 area would generally increase, it may be guided to selected areas and the 
 type and intensity of use regulated. 
 
 A detailed, cooperative management plan would be developed with the 
 Department of Game to provide for safe and compatible use of the entire 
 area for a variety of consumptive and nonconsumptive wildlife-oriented 
 recreation activities. This plan would incorporate measures to prevent 
 
24 
 
 trespassing, littering, and intrusions into fragile areas that could be 
 harmed by unrestricted human use. Activities within much of Padilla Bay 
 would be regulated in accordance with State regulations governing allowable 
 and prohibited uses within estuarine sanctuaries and public hunting clubs. 
 The present types and level of activity would be retained within Samish 
 Bay and flats. 
 
 Landowners in the upland areas and the south, east, and north boundary 
 upland areas would be unaffected. Upland areas in the southern part of 
 the proposed sanctuary would be acquired through conservation easements 
 or leases without significant changes taking place in the character of 
 current use, which is mainly agriculture. However, the easement or lease 
 agreements would incorporate provisions precluding substantial commercial 
 development, housing subdivisions, etc. and may include specific agreements 
 to preserve roosting areas, small marshes, or other essential habitat 
 parcels. 
 
 2. Local Impacts on Skagit County 
 
 The proposed action would not involve significant development or 
 alteration of natural or existing conditions and habitats. As such, no 
 environmentally adverse impacts are expected, so that mitigating measures 
 are not needed. Landowners affected by this proposal would receive fair 
 market value for their holdings. Whether fee title acquisitions or 
 easements are entailed, it is assumed that economic impacts to private 
 parties are compensated in the transactions. 
 
 The 1979 tax receipts by Skagit County for the area within the 
 proposed boundaries was $2,133. Although this $2,133 might be considered 
 an economic loss, there are several factors that indicate the sanctuary 
 might generate more income than is lost. The dollars devoted to management 
 (possible $70,000 a year or more) will be spent within the county and 
 local communities; and this, in turn, generates more income. This is 
 known as the multiplier effect. Increased public use of the area is 
 expected to generate substantial education, recreation, and tourism 
 related revenue to the economy of the county. Also, the Game Department 
 in 1979 collected $4,100 in fines for game violations in Skagit County. 
 This money is returned to the county government for its use. These fines 
 could be expected to increase with an increased Game Department presence 
 with the management of the sanctuary. 
 
 3. State and Federal Impacts 
 
 Acquisition and management of the National Estuarine Sanctuary will 
 have relatively minor shortrun fiscal impacts on the Federal Government 
 and the State of Washington. In addition, the State will be responsible 
 for funding the long term operation of the sanctuary. These expenditures 
 
25 
 
 are expected to be offset by two nonquantifiable benefits: (1) improved 
 scientific and technical knowledge to be applied toward management 
 practices concerning estuarine resources here and in other areas and 
 (2) improved intergovernmental coordination in the bay system as a whole. 
 The sanctuary would also protect wetlands and be in complete harmony 
 with Executive Order 11990, The Protection of Wetlands. 
 
 B. Relationship Between Local Short Term Uses of the Environment 
 and the Maintenance and Enhancement of Long Term Productivity 
 
 The expressed purpose of the proposed action is to preserve the 
 Padilla Bay ecosystem in perpetuity and to guarantee long time natural 
 productivity to the benefit of a large and diverse assemblage of wildlife 
 and fish species. Regulated harvesting of natural resources would 
 continue, but there would be no short term or exploitative uses at the 
 expense of long time productivity or continued public utilization. By 
 implication, all short term uses that would reduce or eliminate long term 
 productivity would be prevented with the proposed action and intended 
 management. 
 
 The proposed action of habitat preservation and resource conservation 
 is conducive to maintaining natural productivity and ecosystem processes 
 with little or no work or subsidy by man. The natural productive efficiency 
 of estuaries is among the highest of all known natural or artificial 
 systems and is virtually irreplaceable (Odum, 1971). 
 
 C. Irreversible or Irretrievable Commitments of Resources 
 
 No irreversible or irretrievable commitments of resources have been 
 identified in the assessment or are expected to result from the proposed 
 action. No reduction in income to the county would result from loss of 
 agricultural production. A potential adverse impact is the psychological 
 upset to any landowner not willing to relinquish title to his or her 
 property; however, no condemnation will be used. No other adverse, 
 unavoidable environmental impacts are known. No significant construction 
 is anticipated, except for possible education facilities such as an 
 interpretative center, trails, signs, and small upland parking areas at 
 controlled access points. Other than sport and commercial fish, shellfish, 
 and wildlife harvesting, no extraction of renewable or nonrenewable 
 resources would occur. Endangered, threatened, and sensitive species and 
 their vital habitats would be protected, as would any known or discovered 
 archeological or historical sites. 
 
 Minor maintenance and energy expenditures would be incurred, as 
 would the expenditure of public funds. These may be regarded as a 
 commitment of economic resources and also as an investment in recreation 
 amenities for the welfare of present and future generations. 
 
26 
 
 D. Possible Conflicts Between the Proposed Action and the Objectives 
 of Federal, Regional, State, and Local Land Use Plans, Policies , 
 and Controls for the Area Concerned 
 
 The location of Padilla Bay, geographically, and the concern by 
 citizen groups and governmental entities for the protection of environmentally 
 valuable areas throughout the State and particularly the State's shorelines 
 has created a degree of protection for areas like Padilla Bay. However, 
 the protective measures are "permissive" acts that have the flexibility 
 of protection for environmental uses and will also allow private use and 
 development under certain acceptable conditions. 
 
 Therefore, there are no assurances that environmentally valuable 
 areas will remain undeveloped and available for public use. If other 
 uses occur or are proposed that are not compatible with the environment, 
 but provide a positive impact for the community's econorny, industry, etc., 
 approval of these uses is possible. 
 
 In the case of Padilla Bay, there is a continued probability of 
 proposals for noncompatible environmental uses occurring, which in part 
 prompted the estuarine sanctuary proposal. The southern boundary, which 
 is a railroad right-of-way boundary line located parallel to a State 
 highway, provides excellent land transportation opportunities. Deep 
 water areas on the western boundary may provide water oriented transportation 
 opportunities, and the existence of industry within the immediate vicinity 
 constantly provides "add on" industrial opportunities that could have a 
 negative impact on the proposed sanctuary area. 
 
 To date, several existing controls have been imposed on the contiguous 
 land and water areas, and, although they do not eliminate the possibility 
 of noncompatible uses, they do lessen the possibility by creating and 
 requiring a high level of conditions before their uses are approved. 
 Local controls include, but are not limited to: the county zoning 
 ordinance that identifies Padilla Bay as a marine aquaculture area; and 
 the southern, eastern, and northern boundaries as residential, agricultural, 
 and public use areas. The Skagit County zoning ordinance was adopted by 
 the Board of Skagit County Commissioners on June 11, 1979 (Resolution 
 No. 8003). Copies of the ordinance are available from the Skagit County 
 Planning Department, Mt. Vernon, Washington. Several legislative and 
 planning actions, which provide a specific degree of protection for the 
 total area including Padilla Bay and a contiguous land and water area 
 adjacent to the sanctuary, are identified below, and are contained in 
 Appendix IX. These are compatible with the estuarine sanctuary proposal 
 unless otherwise noted. 
 
27 
 
 1) The State Shoreline and Management Act of 1971 . The definition 
 in the Concept section (RCW 90.58.030; of the Shoreline Management Act of 
 1971 identifies Padilla Bay as a "shoreline of statewide significance" 
 and "Area of Particular Concern," therefore placing emphasis upon the 
 need to protect this specific area consistent with legislative policy. 
 
 It is the policy of the State to provide for the management of the 
 shorelines of the State by planning for and fostering all reasonable and 
 appropriate uses. This policy is designed to ensure the development of 
 these shorelines in a manner that, while allowing for limited reduction of 
 rights of the public in the navigable waters, will promote and enhance 
 the public interest. This policy contemplates protecting against adverse 
 affects to the public health, and the land and its vegetation and wildlife, 
 and the waters of the State and their aquatic life, while protecting 
 generally public rights of navigation and a corollary rights incidental 
 thereto. 
 
 The Washington State Legislature declared that the interests of all 
 of the people shall be paramount in the management of shorelines of 
 statewide significance. The Department of Ecology (in adopting guidelines 
 for shorelines of statewide significance) and local government (in 
 developing master programs for shorelines of statewide significance) 
 shall give preference to uses in the following order. 
 
 a) Recognize and protect the statewide interest over local interest. 
 
 b) Preserve the natural character of the shoreline. 
 
 c) Result in long term over short term benefit. 
 
 d) Protect the resources and ecology of the shoreline. 
 
 e) Increase public access to publicly owned areas of the shorelines. 
 
 f) Increase recreational opportunities for the public in the 
 shoreline. 
 
 g) Provide for any other element as defined in RCW 90.58.100 deemed 
 appropriate or necessary. 
 
 In the implementation of this policy, the public's opportunity to 
 enjoy the physical and aesthetic qualities of natural shoreline of the 
 State shall be preserved to the greatest extent feasible, consistent with 
 the overall best interest of the State and the people generally. To this 
 end, uses shall be preferred that are consistent with control of pollution 
 and prevention of damage to the natural environment or that are unique to 
 or dependent on use of the State shorelines. 
 
28 
 
 Permitted uses in the shorelines of the State shall be designed and 
 conducted in a manner to minimize in so far as practical any resultant 
 damage to the ecology and environment of the shoreline area and any 
 interference with the public's use of the water. 
 
 The Shorelines Management Act is a comprehensive tool for control of 
 shoreline uses. By designing a use permit system and mandating a solid 
 environmental planning program as its base, the legislature accepts State 
 responsibility for shoreline quality. It becomes "the policy of the 
 State to provide for the management of the shorelines of the State by 
 planning for and fostering all reasonable and appropriate uses." 
 
 The Legislative concerns prompting such decisive action are made 
 clear in the following legislative statement: 
 
 The Legislature finds that the shorelines of the 
 state are among the most valuable and fragile of its natural 
 resources and that there is great concern throughout the 
 state relating to their utilization, protection, restoration 
 and preservation. In addition, it finds that increasing pressures 
 of additional uses are being placed on the shorelines, necessitating 
 increased coordination in the management and development of 
 the shorelines of the state. The Legislature further finds that 
 coordinated planning is- necessry in order to protect the public 
 interest associated with the shorelines of this state, while at the 
 same time recognizing and protecting private property rights 
 consistent with the public interest. There is therefore a clear 
 and urgent demand for a planned, rational and concerted effort 
 jointly performed by federal, state and local governments to 
 prevent the inherent harm in an uncoordinated and piecemeal 
 development of the state's shorelines (RCW 90.580.020). 
 
 When the sanctuary is established, the uses of the bay will not 
 differ radically from the current uses (1980 State Legislature--Engrossed 
 Senate Bill 3371). Low intensity uses such as recreational fishing, 
 crabbing, shellfish harvesting, boating, hunting, etc., will be continued. 
 Monitoring of these uses will be established in order to identify any 
 damage to the ecosystem's biological integrity, etc. Regulations 
 may be developed consistent with legislative action. Steering Committee 
 policy, or Sanctuary Management Committee direction to prevent a continuation 
 of any damage. 
 
 With regard to possible future development of the bay shoreline, the 
 primary potential conflicts relate to the expansion of industrial 
 activities. Under the current provision of the Skagit County Shoreline 
 Master Program, it is possible but unlikely that such conflicts will occur. 
 
29 
 
 Establishing an estuarine sanctuary would be a major impetus to the 
 preservation of Padilla Bay. In the application to NOAA it is stated 
 that "the Department of Ecology will vigorously oppose proposed developments 
 which are inconsistent with the sanctuary management philosophy as identified 
 by Federal, State, and local statutes," and by policies that are adopted by 
 the Steering Committee and the Sanctuary Management Committee. In addition, 
 the Department of Game regards this area as highly significant for 
 waterfowl in the State. 
 
 2) Coastal Zone Management Act of 1972 as amended (P.L. 92-583/ 
 P.L. 94.370 ). Washington State's development of a Coastal Zone Management 
 Program under §305 has afforded the State two particularly noteworthy 
 opportunities for increasing the effectiveness of coastal resources 
 management. The first is a new incentive to evaluate, shore up, and 
 coordinate existing State management programs and practices. The second 
 stems from the Act's Federal consistency requirement. This provision 
 offers the State a management tool unavailable under State law. Both 
 achieving internal coordination and the forging of consistent State/Federal 
 management relations are long term goals. The State of Washington has an 
 effective coastal zone management program in effect at the present time 
 that centers on the controls provided in the Shoreline Management Act and 
 that has been augmented over the past year by State activities in response 
 to the CZMA. Copies of this document are available from the Department 
 
 of Ecology, Olympia, Washington, 98504. 
 
 3) The Washington Statewide Outdoor Recreation Plan (SCORP ), 1979 
 is another legislative planning tool that emphasizes the importance of 
 the protection of the land and water areas of the State. 
 
 Chapter Three of the SCORP, Issue 12--Wetland and Flood Plains-- 
 indicates that it is the intent of the State of Washington to provide 
 opportunities for public use and enjoyment of appropriate segments of 
 wetlands and/or flood plains including their associated shorelines, 
 tidelands, and estuaries, while protecting and maintaining these areas for 
 their value as wildlife habitat and their importance in the hydraulic 
 cycle. 
 
 Specific objectives are to work through existing local and State 
 resource management programs to continue to promote and, where feasible, 
 expand: 
 
 a) Public access to shorelands and tidelands of the State; 
 
 b) Conservation of the wetland and flood plain resource of the 
 State; 
 
 c) Development of facilities on wetland and flood plain for water- 
 oriented recreational and/or conservation activities; and 
 
30 
 
 d) Identification and evaluation of those wetlands and flood plain 
 resources of the State not currently included in the Coastal 
 Zone and Shoreline Master Programs as to their relative 
 importance for resource, conservation, and/or recreational use. 
 
 The proposed State policy or solution to the problem of public use 
 of shorelines is identified with the following statement from SCORP: 
 
 The State of Washington recognizes that saltwater beaches 
 and tidelands are one of the most popular recreational resources 
 of the State. It is therefore recommended that the appropriate 
 public agencies of all levels of government and the private 
 sector wherever feasible take e^ery possible action to reduce 
 the effect of "checkerboard" ownerships whenever possible that 
 currently inhibit public use and access to saltwater beaches 
 and tidelands. 
 
 4) The Washington State Legislature in 1961 passed the following 
 legislation that relates to the protection of lands contiguous to the 
 estuarine sanctuary area (Chapter 190 - Session Laws of 1961. Tidelands 
 in Skagit, Snohomish, Island counties). Summary: The commissioner of 
 public lands shall withdraw from sale or lease, except lease for the 
 production of oysters or for booming or industrial uses: PROVIDED, That 
 the director of Game has approved such industrial uses as not being 
 generally incompatible with the primary function of these lands as 
 public shooting grounds. The full text of this statute is provided in 
 Appendix IX. 
 
 5) The Skagit County Shoreline Management Master Program . On 
 June 7, 1976, the Skagit County Planning Commission approved, certified, 
 and adopted the text of the Shoreline Management Master Program of Skagit 
 County. The Board of County Commissioners adopted the Planning Department's 
 Shoreline Management Master Program on June 29, 1976. 
 
 The Shoreline Management Master Program goals include a 9 goal 
 statement pursuant to the program elements specified in RCW 90.58.100(2). 
 These goals were devised, reviewed, and adopted by the Skagit County 
 Citizens Advisory Committee in order to provide an overall, comprehensive 
 foundation and sense of direction on which the policies, regulations, 
 shoreline area designations, and administrative procedures would be based. 
 These goals will provide overall guidance for the management of the 
 shorelines of Skagit County. They are: 
 
 a) Shoreline use - To allow for compatible uses of the shorelines 
 in relationship to the limitations of their physical and 
 environmental characteristics. Such uses should enhance 
 rather than detract from, or adversely affect, the existing 
 shoreline environment. 
 
31 
 
 b) Conservation - To preserve, protect, and restore the natural 
 resources of Skagit County's shorelines in the public interest 
 and for future generations. These natural resources include, 
 but are not necessarily limited to, fish, wildlife, vegetation, 
 and natural features found in shoreline regions. Only renewable 
 resources should be extracted and only in a manner that will 
 
 not adversely affect the shoreline environment. 
 
 c) Public access - To provide safe, convenient, properly 
 administered, and diversified public access to publicly 
 owned shorelines of Skagit County without infringing on 
 
 the personal or property rights of adjacent residents. Such 
 access should not have an adverse impact upon the environment. 
 
 d) Circulation - To permit safe, adequate, and diversified 
 transportation systems that are compatible with the 
 shorelines, resulting in minimum disruptions to the 
 shoreline environment. 
 
 e) Economic development - To promote and encourage the optimum 
 use of existing industrial and economic areas for users 
 who are shoreline dependent and shoreline related and can 
 harmoniously coexist with the natural and human environments; 
 and, subsequently, to create similar areas as need arises 
 with minimum disruption of the shorelines. 
 
 f) Recreation - To encourage the provision and improvement of 
 private and public recreation along the shorelines of Skagit 
 County only to the extent that the environment is not 
 impaired or degraded. 
 
 g) Historical /Cultural /Educational - To identify, protect, and 
 restore those shoreline areas and facilities that are of 
 historical, cultural, or educational value. Public or 
 private organizations should be encouraged to provide 
 public access to and protection of such areas and facilities. 
 
 h) Restoration and Enhancement - To restore and enhance those 
 shoreline areas and facilities that are currently unsuitable 
 for public or private access and use. 
 
 i) Implementation Process - To provide an efficient system for 
 shoreline permit applications that would eliminate unnecessary 
 duplication of effort or jurisdictional conflicts, yet assure 
 complete coordination and review. To provide a process to 
 periodically update the inventory, goals, policies, and 
 regulations to achieve responsiveness to changing attitudes 
 and conditions. 
 
32 
 
 6) Swinomish Indian Tribal Community Plans . Although ownership is 
 disputed by the State, the Swinomish Tribe claims about 20 acres of 
 intertidal land in southern Padilla Bay. About 40 acres were filled with 
 dredge material in 1975 for development of a "port industrial park." As 
 recently as March 1979, the tribe announced plans to develop 176 acres 
 for a "multimil lion dollar marine and industrial park" (Skagit Valley 
 Herald, March 27, 1979). Reservation or tribal properties are excluded 
 from management under the local master program. Shoreline Management Act, 
 and CZM Program. 
 
 Any project of this nature within Padilla Bay is subject to Federal 
 permits and if Federal dredging or funding assistance is involved in any 
 project on tribal land (as was the case previously). Presidential Executive 
 Order 11990 on Protection of Wetlands (dated May 24, 1977) would apply. 
 Nevertheless, a massive project of this nature could significantly 
 compromise the ecological integrity of the bay in direct and irreversible 
 fashion. It could introduce greater pollution as well as disturbances 
 incompatible with the proposed estuarine sanctuary and probably stimulate 
 further industrial and secondary development in and around the bay. 
 
 7) Federal Permit Program . The principal Federal Permits involved 
 are Sections 9 and 10 of the Rivers and Harbors Act of 1899, administered 
 by the Corps of Engineers, and Section 404 of the Federal Water Pollution 
 Control Act (as amended 1972), which is administered by the Corps with 
 Environmental Protection Agency oversight. These permits are subject to 
 review in accordance with the Fish and Wildlife Coordination Act (as 
 amended in 1958) and the 1967 Memorandum of Understanding between the 
 Departments of Army and Interior. Section 9 governs dikes, and Section 10 
 governs all other construction and activity waterward of the mean high 
 water line. Section 404 applies to discharge of dredge or fill material 
 in water of the U.S., including wetlands above the mean high water line. 
 Each of the permits is covered by issuing agency regulations and wetlands 
 policies. 
 
 The Coordination Act requires consultation by the permitting agency 
 with the State fish and game agencies as well as the U.S. Fish and Wildlife 
 Service (Service). Normally the Corps will not issue a permit over a 
 State objection. The Service's Division of Ecological Services reviews 
 permit applications in accordance with national guidelines designed for 
 protection of fish and wildlife resources, wetlands, and other essential 
 habitats potentially affected by proposed projects. Service policy is to 
 recommend denial of any project that would destroy or damage productive 
 wetlands (including tidelands). However, the recommendations of the 
 Service do not have to be followed and are not always implemented by the 
 permitting agency. Persistent applicants will usually receive permits, 
 if opposition is based only on environmental concerns. 
 
22 
 
 The Wetlands Protection Executive Order does not apply to private 
 project applicants. Under the Federal consistency provisions of the 
 CZMA, if a project receives local and State approval. Federal permitting 
 agencies normally will issue over other objections to be consistent with 
 State CZM programs "to the maximum practicable extent." Corps of Engineers' 
 regulations require that great weight be given to the State position. 
 
 8) The 1980 Washington State Legislature . On March 13, 1980, the 
 1980 Washington State Legislature passed Engrossed Senate Bill No. 3371 - 
 as amended by the House. The relevant passage reads as follows: 
 
 AN ACT relating to tidelands: authorizing the purchase of 
 tidelands for establishment of an estuarine sanctuary; and 
 making an appropriation. 
 
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 
 
 NEW SECTION . Section 1. For the purpose of establishing 
 an estuarine sanctuary in Padilla Bay, Skagit County, there is 
 appropriated from the general fund to the department of ecology 
 for the biennium ending June 30, 1981, the sum of seventy 
 thousand dollars, or as much thereof as may be necessary. The 
 department of ecology may use such funds for the acquisition of 
 tidelands within Padilla Bay, Skagit County, either through direct 
 expenditures or through grants to a federal, state, or local 
 agency and for administering the establishment of an estuarine 
 sanctuary in Padilla Bay, Skagit County. 
 
 No moneys appropriated under this section may be used by 
 the department of ecology for acquisition of tidelands unless 
 made in combination with an equal match of moneys from other 
 public or private sources. 
 
 Prior to acquiring any tidelands, the department of ecology 
 shall determine that the use of the property to be acquired will 
 be consistent with chapter 90.58 RCW, the shoreline management 
 act, and guideline and master programs adopted thereunder. 
 
 Hunting, fishing, boating and noncommercial taking of shellfish 
 shall be authorized but shall be regulated on properties acquired 
 under this section or as a result of the passage of this section. 
 
35 
 
 PART IV: AFFECTED ENVIRONMENT 
 
 A. Location 
 
 Padilla Bay is located in northern Puget Sound. Padilla Bay lies 
 approximately 3 miles (4.8 km) east of Anacortes and 10 miles (16 km) 
 northwest of Mount Vernon, the county seat of Skagit County, Washington. 
 Prominent local features are identified as follows: 1) Padilla Bay, 
 2) Swinomish Channel, 3) March Point, 4) Anacortes, 5) Guemes Island, 
 6) Hat Island, 7) Samish Island, 8) Bay View State Park, 9) Saddlebag 
 State Park, and 10) Bayview Community. 
 
 B. Sanctuary Description 
 
 The areas surrounding the sanctuary include: 
 
 SOUTH : The southern boundary is the Burlington Northern Railroad 
 right-of-way, which is located parallel to State Highway 
 20. The location of these facilities divide agricultural 
 lands making up the southern part of the proposed project 
 and agricultural lands that are not in the project and 
 are located south of the State highway; 
 
 EAST : The eastern boundary, approximately 8 miles long (12.8 km), 
 includes agricultural land (70%), the Bayview residential 
 area (20%), Bay View State Park (02%), and the unincorporated 
 city of Bayview (08%); 
 
 NORTH : The northern boundary is parallel with, but located 
 500 feet south of, Samish Island, a high bank 
 residential area; and 
 
 WEST: The western boundary is open water that includes the 
 
 Swinomish Channel and open water to the San Juan Islands. 
 The southern part of the western boundary is located 
 consistent with the "claimed" Swinomish Indian Tribal 
 Community eastern reservation boundary. The northern 
 part of the boundary is the "seaward boundary" established 
 in 1931 by the State Commissioner of Lands and the western 
 boundary of Saddlebag State Park. 
 
 The agricultural lands are rich farmlands that show little indication 
 that any change is being proposed from that use. The agricultural lands 
 include reclaimed marshlands and provide a substantial amount of economic 
 impact in the area of the proposed project. 
 
36 
 
 Padilla Bay is a shallow bay, the bottom of which is relatively flat 
 with a variation in elevation of approximately 1 foot per mile (1.6 km). 
 Extreme low water for Padilla Bay, as interpreted from Coast and Geodetic 
 publications, is elevation 90.8 and the line of mean high water is 103.0. 
 
 There is a great deal of variety in Padilla Bay shorelines. This 
 variety is an important element in the overall visual quality of the bay 
 shorelines in terms of both high and low visual amenities. 
 
 The shorelines of Padilla Bay all show the influences of human use. 
 The cedar post seawall along the mainland north and south of Joe O'Leary 
 Slough (east boundary) and the refineries at March Point are proof of 
 longstanding and ongoing human activity around the bay and, together with 
 the eastbound span of State Highway 20 over the Swinomish Channel, they 
 represent the most intrusive cultural elements on the bay. 
 
 Samish Island and Bayview Ridge are glacial till uplands, rising 
 directly up from the tidelands. At some points, the bluffs on Samish 
 Island (north boundary) rise to 100 feet or more, while Bayview Ridge 
 rises between 20 and 40 feet up from the beach to Bayview-Edison Road 
 (east boundary). About one mile north of Bay View State Park, the bluffs 
 give way to a permanent beach berm and a large, marshy backshore as 
 Bayview Ridge angles away from the shoreline and ends in the Samish River 
 floodplain. From this point to Samish Island, the mainland is flat, 
 nearly at sea level, and is protected from tidal inundation by a dike and 
 cedar post seawall. Landward views extend to Chuckanut Mountain and 
 other coastal foothills and beyond to the Cascade Mountain Range. 
 
 The south shore, from Indian Slough to the west side of Swinomish 
 Channel, is heavily modified by human activity. The sloughs and shoreline 
 are diked, there are a number of artificially formed sand islands, and 
 both Highway 20 and the Anacortes rail spur (Burlington Northern Railroad) 
 lie close to the high tide line. 
 
 The proposed project area is approximately 11,612 acres, of which 
 approximately 10,289 acres are second class tidelands, with the remainder 
 identified as 1,323 acres of uplands. 
 
 The State reserved all oil, gasses, ores, minerals, fossils, etc. 
 when the tidelands were conveyed by the State to private ownership except 
 for the tidelands between mean high tide and mean low tide, fronting on 
 several of the parcels, and Parcel No. 85 through 100 inclusive in the 
 Padil la Bay tracts. 
 
37 
 
 All described real estate is second class tidelands. Any portion 
 that lies or may in the future lie beneath navigable waters is subject to 
 rights of navigation together with rights of fishing, boating, water 
 skiing, and other recreational purposes generally regarded as corollary to 
 the right of navigation and the use of public waters. ( Wilbur v. Gallegar , 
 77 Wn.2d 307). 
 
 C. Real Property Ownership 
 
 The real property ownership in Padilla Bay is almost all private 
 ownership with several small areas owned by the State and local agencies. 
 
 Of the proposed sanctuary's 11,612 acres, only 243 acres or .019% of 
 the sanctuary is in public ownership. The State Park Commission owns 46 
 acres, which are Bay View State Park and Saddlebag and Dot Island State 
 Park. The State Game Department owns 98 acres, 34 acres of which comprise 
 a waterfowl habitat and hunting area, and a 64-acre upland area that is 
 contiguous with the tidelands and is the proposed location for the 
 estuarine sanctuary interpretative and research center. Approximately 
 99 acres in small parcels were acquired by the county because of nonpayment 
 of property taxes. These areas, which are currently in county ownership, 
 will be donated to the project once the State's application is approved 
 by NOAA. 
 
 D. Soils Geology 
 
 Padilla Bay is part of an extensive plain formed by the delta and 
 flood deposits of the Skagit River following retreat of the Vashon Glacier 
 about 14,000 years ago. Erosion has removed much of the sand and gravel 
 deposited by the glacier. Formerly, the Skagit River, which heads in the 
 Canadian Cascades, emptied into Padilla Bay, except for a much reduced 
 winter-spring flow that enters Padilla Bay through Swinomish Channel. 
 
 Prior to the advent of white settlers in the 1850's, Padilla Bay and 
 Samish Bay were linked across a shallow salt marsh stretching between Bay 
 View Ridge and Samish Island. Much of this marsh, and the extensive 
 marshes of the former Swinomish Slough south of Padilla Bay, were diked 
 against tidal inundation and spring flooding of the Skagit River to create 
 farmlands. Present soils are the result of alluvial deposits and wave 
 action and are a mixture of clay, silt, and sand (U.S. Army Corps of 
 Engineers, 1976). 
 
 E. Climate 
 
 The area around Anacortes has a mild maritime climate strongly 
 influenced by the waters of Puget Sound and the Straits of Juan de Fuca 
 and Georgia. Winters are typically wet and cool while summers are warm 
 
38 
 
 and dry. In part, this is due to a "rain shadow" created by the Olympic 
 Mountains to the southwest. January is the coolest month, averaging 
 44.5° Fahrenheit (6.9°C), and July is the hottest, averaging 72.4° (22.4°C). 
 Approximately two-thirds of the annual precipitation, which averages 
 25.7 inches (65.3 cm), occurs in the period from November through April. 
 
 F. Biological Characteristics 
 
 1. Vegetation 
 
 Ten habitat types with characteristic vegetation and plant 
 communities may be identified for Padilla Bay and surrounding areas within 
 the Area of Concern for these unique wildlife ecosystems. These are: 
 (1) open marine waters, (2) subtidal sand and mud, (3) eel grass beds, 
 (4) exposed mudflats, (5) salt marshes, (6) beaches, (7) rocky shorelines, 
 (8) dredge spoil sites, (9) nonforested uplands (including disturbed or 
 altered areas, dikes, and agricultural lands), and (10) forested uplands. 
 
 Some of the more prominent plant associations and species are 
 described below. Appendix VIII contains a partial list of plants (with 
 scientific names) for the Padilla Bay area; the list may be assumed to 
 characterize Samish Bay plants as well. This list was compiled from 
 coastal surveys by the Washington Department of Game and previous listings 
 and field work by Sylvester and Clogston (1958) and Smith and Benedict 
 (1977). 
 
 Plant species (or groups) occurring in the marine waters, intertidal 
 mudflats, rocky shores, and subtidal bottoms include phytoplankton, diatoms, 
 marine algae (such as rockweed, sea lettuce, kelp, and laver), and 
 eel grass. Two species of eel grass occur in extensive beds in the subtidal 
 and lower intertidal zones of the bays. Colonial diatoms are abundant 
 over much of the mud surfaces. The eel grass, algae, and diatoms are 
 highly important to the primary productivity of these estuaries. Along 
 with the phytoplankton of the adjoining marine waters, they support the 
 various animals of these habitats. 
 
 Sand or cobble beaches here support very few plants. A fringe of 
 salt marsh, much reduced from former times, is located outside the diked 
 areas. Dominant plant species include the seashore saltgrass, pickleweed, 
 orache (fat hen), Canada sandspurry, gumweed, seaside arrowgrass, 
 foxtail barley, and wigeon grass (in brackish pools). Smooth cordgrass, 
 introduced by duck hunters, occurs in small stands. The high organic 
 matter production of these emergent plants, which are tidal ly exported 
 as detritus to a large extent, is highly important to fueling of estuarine 
 and marine ecosystems (Gosselink, Odum, and Pope, 1974). 
 
39 
 
 In freshwater sloughs and along streams, Lyngby's sedge is found in 
 pure stands. Tufted hairgrass is found along these waterways in higher 
 elevational bands. Dredge spoil sites and islands are vegetated mainly 
 with dune wildrye, red fescue, and cheatgrass in sparce stands. Dikes 
 bordering the salt marshes and mudflats support open grass and forb 
 communities and clumps of blackberries and wild rose, plus occasional 
 trees such as red alder, black cottonwood, and willow. Red clover, 
 English plaintain, Canada thistle, quack grass, redtop, velvet grass, and 
 pearly everlasting will be found on dikes bordering the agricultural lands 
 where crops of peas, grains, seed crops, and pasture grasses are grown. 
 
 Ridges, benches, and slopes along some parts of the bay (Samish 
 Island, Bay View Ridge, March Point peninsula, and Hat Island) support 
 second growth forests or strips of mixed conifers and broadleaf trees, 
 including Douglas fir, western red cedar, red alder. Pacific madrone, and 
 bigleaf maple. In addition, there are numerous shrubs and understory 
 species such as salal, Oregon grape, and stinging nettle in the forest 
 habitat. 
 
 2. Marine Invertebrates 
 
 Numerous species of marine worms, clams, snails, crabs, shrimp, and 
 other invertebrates important in the food chains of fishes, birds, and 
 mammals have been identified. Appendix VIII contains a partial list of 
 invertebrates identified at Padilla Bay. The list was compiled from 
 surveys by the Department of Game (Sweeney, 1978); and by Sylvester and 
 Clogston, 1958; Goodwin, 1974; Smith and Benedict, 1977; and Webber 
 (unpublished data). Pacific oyster, which was introduced for commercial 
 growing in the 1930 's, is now found only in remnant numbers due to past 
 pollution, oyster drills, and unsuitable fattening areas. 
 
 3. Fish 
 
 At least 57 species of fish have been identified for Padilla 
 Bay. Among the more notable groups and species of sport and commercial 
 importance are five species of salmon, steelhead and sea run cutthroat 
 trout, smelt. Pacific herring, sole, flounder, and ten species of sculpins, 
 which are eaten by a variety of large predators. Appendix VIII contains a 
 partial listing of fish species compiled by the Department of Game 
 (Sweeney, 1978); and from work by Sylvester and Clogston, 1958; Delacey 
 and Miller, 1972; and Miller etaj_. (unpublished). 
 
 4. Birds 
 
 At least 239 birds have been identified for Padilla Bay, Samish 
 Bay and Flats, and nearby Fidalgo Bay. Appendix VIII contains an annotated 
 list of these species compiled from several sources. 
 
40 
 I 
 Padilla Bay is particularly notable for large flocks of dabbling 
 ducks (e.g., American wigeon, mallard, pintail, greenwinged teal, and 
 northern shoveller) and sandpipers (particularly dunlins and western 
 sandpipers). These are the primary prey species of the endangered American 
 peregrine falcon and Peale's peregrine falcon (a look-alike subspecies 
 that is not listed as endangered) and other hawks that winter on the 
 Samish Flats (Anderson, ^ £]_. , 1977), and to a lesser extent at the 
 south end of Padilla Bay. 
 
 Because of its strategic location and vast area of eel grass beds, 
 Padilla Bay is an important staging area for the black brant. This is 
 unquestionably the most important habitat in Puget Sound (perhaps in the 
 northwest) for this sensitive species that is so utterly dependent on 
 shallow, coastal bays. An average of 5,000 brant winter on the bay. 
 However, peak spring counts have averaged 47,392 birds (Pacific Coast 
 Brant Management Plan, 1978), and it has been estimated that up to 50% of 
 the entire flyway population* (which includes most of the Pacific brant 
 species) passes through here. An average of 50,000 ducks winter on 
 Padilla and Samish Bays. Of this number, over 6,000 are diving ducks, 
 including canvasducks, scaup, goldeneyes, buffleheads, and scoters on 
 Padilla Bay alone (Jeffrey, 1976). Four bald eagle nests are located 
 along the shores of these bays. Over 20 eagles have been counted in a 
 single day wintering in this area along with merlins, kestrels, snowy 
 owls, marsh hawks. Cooper's hawks, sharpshinned hawks, rough-legged hawks, 
 and red-tailed hawks. A blue heron rookery of approximately 150 breeding 
 pairs (among the four or five largest in Washington) is located on Samish 
 Island. Numerous species of loons, grebes, gulls, terns, and many seabirds 
 are also found on Padilla Bay, along with a variety of upland birds 
 including the ruffed grouse, ringnecked pheasant, and bandtailed pigeon. 
 Nesting by ducks and shorebirds occurs on natural and artificial islands 
 in the two bays. 
 
 5. Mammals 
 
 A total of 14 species of mammals have been identified for the Areas 
 of Concern by the Department of Game (Sweeney, 1978). Most notable are 
 the black-tailed deer, harbor seal, river otter, raccoon, red fox, coyote, 
 muskrat, and beaver. As many as 70 harbor seals have been observed in 
 Padilla Bay (Department of Ecology, 1979). Appendix VIII contains the 
 partial list of mammals for Padilla Bay. 
 
41 
 
 PART V: LIST OF PREPARERS 
 
 Mr. James W. MacFarland - U.S. Department of Commerce 
 
 Mr. MacFarland received his B.A. and M.A. in Economics and has 
 previously prepared land acquisition strategies, purchased land, acted as 
 a consultant, and analyzed the socioeconomic impacts of land preservation 
 for major land conservation organizations. He is the author of several 
 articles and studies on natural resource protection and is a former 
 college lecturer in economics. 
 
 Currently, he is the Estuarine Sanctuary Program Manager for the 
 Office of Coastal Zone Management within the National Oceanic and 
 Atmospheric Administration. His present position includes direct project 
 responsibility for seven existing estuarine sanctuaries, and the 
 establishment of future estuarine sanctuaries. 
 
 Primary responsibility in the preparation of this DEIS included 
 organization and preparation of the report for publication. In addition, 
 he prepared all sections not specifically discussed below. 
 
 Mr. Milton H. Martin - Washington State Department of Ecology 
 
 Mr. Martin is currently an environmental planner for the Washington 
 State Department of Ecology. His background is in the field of Administration 
 and Management in public recreation and park management, where he has held 
 the following positions since 1959: Director, Parks and Recreation 
 Department, Vancouver, Washington; Superintendent, Parks and Recreation 
 Department, Benton County, Washington; Assistant Director, Washington 
 State Parks and Recreation Commission; and Assistant Administrator, 
 Washington State Outdoor Recreation Agency. 
 
 He is a lecturer on public parks and recreation administration and 
 has prepared and conducted workshops, conferences, and various public 
 programs relating to recreation financing, programs, management techniques, 
 recreation legislation, etc. 
 
 His current and primary responsibility is the proposed Padilla Bay 
 National Estuarine Sanctuary in Washington State, which includes the 
 organization and implementation of the program (including the DEIS) to 
 establish the sanctuary. 
 
42 
 
 Mr. Richard S. Weinstein - U.S. Department of Commerce 
 
 Mr. Weinstein currently is a writer-editor for OCZM/NOAA. He has a 
 B.S. in zoology, but at the present time he is writing a novel that may 
 serve as his Master's Thesis, completing the requirements for his degree. 
 He is a published fiction author, has done some freelance factual articles, 
 and has written and edited several major studies prepared by OCZM. In 
 the past, he has taught English at the college level and has spoken at 
 international conventions of genre authors, editors, and readers. 
 
 Mr. Weinstein edited this DEIS. 
 
 U.S. Fish and Wildlife Service 
 
 The United States Fish and Wildlife Service, which also considered 
 protection of the Padilla Bay area as part of its Unique Wildlife Ecosystem 
 Program, provided support, information, and data for the preparation of 
 this report and the total Estuarine Sanctuary Project. 
 
 Steering Committee 
 
 Joseph R. Blum, Area Manager, U.S. Fish and Wildlife Service; Helen 
 Engle, President, Washington Environmental Council; Dr. Charles Flora, 
 Past President, Western Washington State College; Dr. James Ford, President, 
 Skagit Valley College, Robert D. Keller, Manager, Port of Anacortes; 
 Charles Kiel, Anacortes Councilman; Ralph Larson, Director, Washington 
 State Department of Game; Bill Mai seed. Manager, Shell Oil Company - 
 Anacortes Refinery; Bud Norris, Chairman, Skagit County Commissioners; 
 John Stone, President, Washington State Sportsman Council; Phil Templeton, 
 Manager, Texaco, Inc. - Puget Sound Plant; Marvin Wilbur, Executive 
 Director, Swinomish Indian Tribal Community. 
 
 Steering Committee - Subcommittee 
 
 Management Committee - Bill Mai seed. Bud Norris, Helen Engle and 
 Joseph Blum. 
 
 Technical Committee - is represented on the subcommittees listed below 
 except for: Earl G. Schumacher, Shell Oil Company and Claude Lakewold, 
 Natural Resource Projects, Washington State Office of Financial Management. 
 
43 
 
 Technical Committee - Subcommittees 
 
 Site Selection - Co-Chairman, Bud Norris, Chairman - Board of Skagit 
 County Commissioners; Co-Chairman, William A. Johnson, Supervisor, 
 Marine Land Management, Washington State Department of Natural 
 Resources; Jack Webb, Texaco Oil Company; Glenn Dickenson, Citizen; 
 Gary Klein, U.S. Fish and Wildlife Service; Bob Schofield, Director, 
 Skagit County Planning Department; Margaret Yeoman, Citizen; 
 Bob Olander, City Manager, City of Anacortes; and David Ortman, 
 Federation of Western Outdoor Clubs. 
 
 Research Program - Co-Chairman, Dr. C. J. Flora, Director, Western 
 University - Sundquist Marine Studies Laboratory; Co-Chairman, 
 Dr. Carl Nyblade, University of Washington - Friday Harbor Laboratory; 
 Richard Granstrand, Fish Biologist, Swinomish Tribal Community; 
 John Andrews, Game Biologist, Washington State Department of Game; 
 Terence Wahl, Citizen; and Russ Orell, Washington State Department 
 of Fisheries. 
 
 Education Program - Co-Chairman, Dr. James M. Ford, President, Skagit 
 Valley College; Co-Chairman, David A. Kennedy, Supervisor, Science 
 and Environmental Education Programs - Washington State Superintendent 
 of Public Instruction; Fayetee Krause, The Nature Conservancy; 
 James Monroe, Skagit Valley College; and Sally Van Neil, Washington 
 Environmental Council - Instructor Everett Community College. 
 
 Recreation Program - Co-Chairman, John Stone, President, Washington 
 
 State Sportsman Council; Co-Chairman, Bill Bush, Chief, Long Range 
 
 Planning, Washington State Parks and Recreation Commission; 
 
 Tom Mike Henry, Washington State Sportsman Council; and Ron Knutzen, 
 
 Citizen. 
 
45 
 PART VI: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING COPIES 
 
 FEDERAL AGENCIES 
 
 Advisory Cciincil on Historic Preservation 
 
 Department of Agriculture 
 
 Department of Commerce 
 
 Department of Defense 
 
 Department of Energy 
 
 Department of Health, Education & Welfare 
 
 Department of Housing ^ Urban Development 
 
 Department of the Interior 
 
 Department of Justice 
 
 Department of Labor 
 
 Department of Transportation 
 
 U.S. Coast Guard 
 Environmental Protection Agency 
 Federal Energy Regulatory Commission 
 General Services Administration 
 Marine Mammal Commission 
 National Park Service, Sedro-Woolley, WA 
 Nuclear Regulatory Commission 
 
 Office of Archeology X Historic Preservation, Olympia, WA - Sheila S. Stump 
 U.S. Corps of Engineers, Seattle, WA - Dwain F. Hogan 
 
 U.S. Fish and Wildlife Service, Olympia, WA - Joseph R. Blum, Area Manager 
 U.S. Geological Survey, Mount Vernon, WA 
 
 CONGRESS 
 
 Honorable Warren G. Magnuson, U.S. Senator - Seattle, WA 
 Honorable Henry M. Jackson, U.S. Senator - Everett, WA 
 Honorable Joel Pritchard, U.S. Representative - Seattle, WA 
 Honorable Al Swift, U.S. Representative - Everett, WA 
 Honorable Don Bonker, U.S. Representative - Olympia, WA 
 Honorable Mike McCormack, U.S. Representative - Richland, WA 
 Honorable Thomas S. Foley, U.S. Representative - Spokane, WA 
 Honorable Norm Dicks, U.S. Representative - Tacoma, WA 
 Honorable Mike Lowry, U.S. Representative - Seattle, WA 
 
 STATE AGENCIES 
 
 Superintendent of Public Instruction, Olympia, WA - Dr. Frank B. Brouillet 
 Commissioner of Public Lands, Olympia, WA - Bert Cole, Commissioner 
 Dept. of General Administration, Real Property Division, Olympia, WA - 
 
 Will Lewis, Supervisor 
 Interagency Comm. for Outdoor Recreation, Tumwater, WA - Bob Wilder, 
 
 Administrator 
 
46 
 
 Dept. of Fisheries, Olympia, WA - Frank Haw, Deputy Director 
 Parks and Recreation Commission, Olympia, WA - Jan Tveten, Director 
 Office of Financial Management, Olympia, WA - Bob Bensen, Director 
 Department of Game, Olympia, WA - Ralph Larson, Director 
 
 LOCAL AGENCIES 
 
 City of Bow, Dike District No. 5 - Claude Hoffman 
 
 City of Mt. Vernon, Dike District No. 8 - Vernon Egbers 
 
 City of Edison, Dike District No. 19 - Ronald A. Johnson 
 
 Skagit County - Skagit County Cooperative Extension - Jack T. Crawford 
 
 City of Anacortes - Bob Olander, City Manager 
 
 City of Mt. Vernon - Ruth Gidlund, Mayor 
 
 City of Mt. Vernon - Board of Skagit County Commissioners - 
 
 Rud Norris, Chairman 
 Skagit County, Robert D. Keller, Manager, Port of Anacortes 
 Skagit County, Swinomish Indian Tribal Community - Marvin Wilbur, Exec. Dir, 
 Sedro-Woolley City, Skagit County Planning Department - Bob Schofield, Dir. 
 
 NATIONAL INTEREST GROUPS 
 
 A.M. E.R.I. C.A.N. 
 
 AFL-CIO 
 
 American Association of Port Authorities 
 
 American Bureau of Shipping 
 
 American Farm Bureau Federation 
 
 American Fisheries Society 
 
 American Gas Association 
 
 American Industrial Development Council 
 
 American Institute of Architects 
 
 American Petroleum Institute 
 
 American Shore and Beach Preservation Association 
 
 American Society of Civil Engineers 
 
 American Society of Landscape Architects, Inc. 
 
 American Society of Planning Officials 
 
 American Waterways Operators 
 
 Amoco Production Company 
 
 Atlantic Richfield Company 
 
 Atomic Industrial Forum 
 
 Boating Industry Association 
 
 Bultema Dock ?< Dredge Company 
 
 Center for Law and Social Policy 
 
 Center for Natural Areas 
 
 Center for Urban Affairs 
 
 Center for Urban X Regional Resources 
 
 Chamber of Commerce of the United States 
 
 Chevron U.S.A. , Inc. 
 
 Cities Service Company 
 
47 
 
 Coast Alliance 
 
 Conservation Foundation 
 
 Continental Oil Company 
 
 Council of State Planning Agencies 
 
 The Cousteau Society 
 
 CZM Newsletter 
 
 Ducks Unlimited, Seattle, WA - Jerry Loundsbury, N.W. Representative 
 
 Edison Electric Institute 
 
 El Paso Natural Gas Co. 
 
 Environmental Policy Center 
 
 Environmental Defense Fund, Inc. 
 
 Environmental Law Institute 
 
 EXXON Company, U.S.A. 
 
 Friends of the Earth 
 
 Friends of the Earth, Seattle, WA - Audrey Newman/David Ortman 
 
 Great Lakes Basin Commission 
 
 Gulf Energy and Minerals, U.S. 
 
 Gulf Oil Company 
 
 Gulf Refining Company 
 
 Industrial Union of Marine & Shipbuilding 
 
 Workers of America 
 Institute for the Human Environment 
 Interstate Natural Gas Association of America 
 Lake Michigan Federation 
 Marathon Oil Company 
 Marine Technology Society 
 Mobil Oil Corporation 
 Mobil Exploration & Producing, Inc. 
 Murphy Oil Company 
 
 of 
 
 of 
 
 of 
 
 of 
 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Nationa 
 Natural 
 Nationa 
 Nationa 
 Nationa 
 
 Association 
 Association 
 Association 
 Association 
 
 Conservation Districts 
 
 Counties 
 
 Home Builders 
 
 Realtors 
 Audubon Society 
 
 Coalition for Marine Conservation, Inc. 
 Farmers Union 
 Federation of Fisherman 
 Fisheries Institute 
 Forest Products Association 
 Marine Manufacturers Association 
 Ocean Industries Association 
 Parks and Conservation Association 
 Recreation and Park Association 
 Research Council 
 Resources Law Institute 
 Society of Professional Engineers 
 Waterways Conference 
 Wildlife Federation 
 
48 
 
 Natural Resources Defense Council 
 
 The Nature Conservancy 
 
 The Nature Conservancy, Seattle, WA - Elliott Marks, Director 
 
 Norfolk Dredging Company 
 
 Outboard Marine Corporation 
 
 Resources for the Future 
 
 Rose, Schmidt ^ Dixon 
 
 Shell Oil Company 
 
 Sierra Club 
 
 Sierra Club, Seattle, WA - Douglas Scott 
 
 Skelly Oil Company 
 
 Soil Conservation Society of America 
 
 Sport Fishing Institute 
 
 Standard Oil Company of Ohio 
 
 State University Law School 
 
 State University of New York 
 
 Sun Company, Inc. 
 
 Tenneco Oil Company 
 
 Texaco, Inc. 
 
 Trust for Public Lands, Burton, WA - Joel Kuperberg, Director 
 
 Union Oil Company of California 
 
 University of Pittsburgh 
 
 Urban Research and Development Association, Inc. 
 
 Western Oil and Gas Association 
 
 Wildlife Management Institute 
 
 The Wildlife Society 
 
 Woods Hole Oceanographic Institute 
 
 STATE INTEREST GROUPS 
 
 Pacific Science Center Foundation, Seattle, WA - Bonnie Deturck 
 
 Horton Dennis Co., Seattle, WA - Ken Yoshita, Owner 
 
 Seattle Times, Seattle, WA - Eric Prine 
 
 Audubon Society, North Cascades Chapter, Bellingham, WA - Greg Hart 
 
 Audubon Society, Black Hills Chapter, Olympia, WA - Jack Davis 
 
 Center for Environmental Understanding, Spokane, WA - Frank Nicole 
 
 Citizens for Clean Water, Inc., Olympia, WA - John Girad 
 
 Clean Water Coalition, Seattle, WA - Ken Ensroth 
 
 Environmental Science League, Tacoma, WA - Jeffrey Bland 
 
 Hood Canal Environmental Council, Seabeck, WA - Philip Best 
 
 Olympic Conservation Council, Port Angeles, WA - Harry Lydiard 
 
 League of Women Voters, Seattle, WA - Astrid Hedman 
 
 League of Women Voters, Bellingham, WA - Lynn Bettis 
 
 League of Women Voters, Lynnwood, WA - Mary Jane Thompson 
 
 League of Women Voters, Olympia, WA - Betty Tabbutt 
 
 North Cascades Conservation Council, Seattle, WA - Margaret Miller 
 
 N.W. Seashore Alliance, Everett, WA - Tanis Marsh 
 
49 
 
 Skagit Environmental Council, Mt. Vernon, WA - Dr. Fred Darvill 
 
 Admiralty Audubon Society, Pt. Townsend, WA - Edward P. Kaiser 
 
 N.W, Search, Seattle, WA - Harriet Bullitt, Editor 
 
 Palouse Audubon Society, Pullman, WA - Irven 0. Buss 
 
 Association of Washington Cities, Tumwater, WA - Stan Finkelstein 
 
 Washington State Association of Counties, Olympia, WA - Gary Lowe 
 
 Skagit Valley Herald, Mt. Vernon, WA - Noel Johnson 
 
 Washington Appraisal Service, Bellevue, WA - John F. Leitz, Jr. 
 
 Washington Environmental Council, Tacoma, WA - Helen Engle, President 
 
 Washington State Sportsman Council, Clear Lake, WA - John Stone, President 
 
 LOCAL INTEREST GROUPS 
 
 Four-H Leaders Council, Mt. Vernon, WA - Mrs. Richard Bergeson 
 
 Future Farmers of America, Mt. Vernon, WA - Howard Howell 
 
 Chuckanut Dist. Garden Clubs, Mt. Vernon, WA - Clara Sande 
 
 Puget Sound GiUnetters Assn., Ballard, WA - Phil Sutterland 
 
 Girl Scouts/Brownies of America, Burlington, WA - Dianna Robin 
 
 Skagit County Historical Society, Burlington, WA - Mary Ploeg 
 
 Independent Insurance Agents Assn., Mt. Vernon, WA - Bill Evans 
 
 Independent Order of Foresters, Sedro-Woolley, WA - Gordon Gasho 
 
 Mt. Vernon Jaycees, Mt. Vernon, WA - John Whitney 
 
 Jaycee Wives, Mt. Vernon, WA - Teresa Hamilton 
 
 Golden Kiwanis Club, Mt. Vernon, WA - Howard Asher 
 
 Mt. Vernon Kiwanis Club - Jack Woodmansee 
 
 Leisure Time Club, Mt. Vernon, WA - George Nelson 
 
 Memorial Garden Club, Mt. Vernon, WA - Anabel Brierly 
 
 Men's Garden Club, Anacortes, WA - Joe Dupre 
 
 Mt. Baker Bicycle Club, Bellingham, WA - Dean Kahn 
 
 Mt. Vernon Chamber of Commerce - Phyllis Coole, Director 
 
 N. Cascade Highway Assn., Sedro-Woolley, WA - Jim Mullen 
 
 N.W. Steel headers of Trout Unlimited, Mt. Vernon WA - Les 01 sen 
 
 Pioneer Assn. Skagit County, Mt. Vernon, WA - Lou Valentine 
 
 Rainbow Girls, Mt. Vernon, WA - Mrs. Randy Pratt 
 
 Jones and Jones, Seattle, WA - David L. Towne 
 
 Seattle Audubon Society, Seattle, WA 
 
 Shoreline Committee, Tacoma, WA - Liz Greenhagen 
 
 Washington Parks Foundation, Seattle, WA - Joann Fisher, Exec. Sec. 
 
 Federation of Outdoor Clubs, Seattle, WA - Karen Fant, President 
 
 Camp Fire, Bellingham, WA - Nancy Davis, Director 
 
 Bellingham Herald, Bellingham, WA - George Boynton 
 
 Anacortes Chamber of Commerce, Anacortes, WA - Maria Petrish, Director 
 
 Save Whidbey Island for Tomorrow (SWIFT), Coupeville, WA - A.L. Ryan 
 
 Skagit Alpine Club, Sedro-Woolley, WA - Louis Harris 
 
 American Assn. of Retired People, Mt. Vernon, WA - Alice Piper 
 
 American Assn. of University Women, Mt. Vernon, WA - Geraldine Hofer 
 
 Skagit County Bd. of Realtors, Burlington, WA - Art Schreifels 
 
50 
 
 Mt. Baker Council Boy Scouts of America, Mt. Vernon, WA - H. Christenson 
 
 Campfire Girls/Bluebirds, Mt. Vernon, WA - Violet Walton 
 
 Skagit County Dairymen's Federation, Bow, WA - Lyle Wesen 
 
 Skagit County Democratic Party, Mt. Vernon, WA - John M. Meyer 
 
 Downtown Mt. Vernon Business Center Organ, Mt. Vernon, WA - Jim Erlaub 
 
 Edison Sportsman Club, Inc., Bow, WA - Dennis Weather 
 
 Explorer Search & Rescue Team, Mt. Vernon, WA - Mike Woodmansee 
 
 Retired Teachers Assn., Mt. Vernon, WA - Ethel Hal turn 
 
 Rotary Club, Mt. Vernon, WA - Don Angotti 
 
 Senior Service Center, Mt. Vernon, WA 
 
 Silver Arrow Bowmen, Burlington, WA - Bob Hall 
 
 Skagit Mountain Rescue Unit, Mt. Vernon, WA - Bill Jones 
 
 Skagit Rivers Guides Assn., Sedro-WooUey, WA - Dennis London 
 
 Skagit Rock & Gem Club, Mt. Vernon, WA - Carroll Oil lion 
 
 Skagit Sams Camping Club, Mt. Vernon, WA - Nita Marsula 
 
 Skagit Valley Mall Merchants, Mt. Vernon, WA - ern Arendse 
 
 North Cascades Van Club, Mt. Vernon, WA - Kenneth Mohme 
 
 Wash. Native Plant Society, Bellingham, WA - Rita Winn Lemon 
 
 Western Env. Trade Assn., Mt. Vernon, WA - Don Johnsen 
 
 Western Wn. Farm Crop Assn., Mt. Vernon, WA - Roger Nelson 
 
 Wildcat Steel head Club, Sedro-Woolley, WA - Dick Pitman 
 
 Writers League of Skagit Valley, Sedro-Wooley, WA Marian Simpson Burtt 
 
 Admiralty Audubon Society, Pt. Townsend, WA - Eleanor Stopps 
 
 Anacortes Chamber of Commerce, Anacortes, WA - Maria Petri sh 
 
 INDIVIDUALS 
 
 Hal Zimmerman, Camas, WA 
 
 John S. Isakson, Dames & Moore, Seattle, WA 
 
 Wm. Todd Cahill & Assoc, Seattle, WA 
 
 Mike Shockman, Dept. of Game, Seattle, WA 
 
 Charles H. Odegaard, Olympia, WA 
 
 A. H. Clise, Clise Agency, Inc., Seattle, WA 
 
 Paul Conner, Sequim, WA 
 
 H. A. "Barney" Goltz, Bellingham, WA 
 
 Susan E. Gould, Edmonds, WA 
 
 Eleanor Lee, Burien, WA 
 
 King Lysen, Seattle, WA 
 
 Lowell Peterson, Concrete, WA 
 
 Don L. Talley, Kelso, WA 
 
 Peter von Reichbauer, Olympia, WA 
 
 Gordon L. Walgren, Bremerton, WA 
 
 F. "Pat" Wanamaker, Coupeville, WA 
 
 Scott Barr, Edwall, WA 
 
 Albert Bauer, Vancouver, WA 
 
 Joanne J. Brekke, Seattle, WA 
 
 Ellen Craswell, Bremerton, WA 
 
 Shirley A. Galloway, Vancouver, WA 
 
51 
 
 Joan Houchen, Camano Island, WA 
 
 Jerry M. Huqhes, Spokane, WA 
 
 Ray Isaacson, Richland, WA 
 
 Andrew Nisbet, Sequim, WA 
 
 Paul Pruitt, Seattle, WA 
 
 Nita Rinehart, Seattle, WA 
 
 Paul Sanders, Bellevue, WA 
 
 Curtis P. Smith, Ephrata, WA 
 
 Georgette Valle, Seattle, WA 
 
 Jerry L. Vrooman, Mt. Vernon, WA 
 
 Jim Whiteside, Yakima, WA 
 
 Simeon R. "Slim" Wilson, Marysville, WA 
 
 Jay Hoi man, Olympia, WA 
 
 Charles Kiel, Anacortes, WA 
 
 John Andrews, Stanwood, WA 
 
 Bill Bush, Olympia, WA 
 
 Glenn Dickinson, Bow, WA 
 
 Tom Mike Henry, Mt. Vernon, WA 
 
 Ron Knutzen, Bow, WA 
 
 Fayette Krause, Seattle, WA 
 
 Sally Van Niel, Mountlake Terrace, WA 
 
 Terence R. Wahl , Bellingham, WA 
 
 Margaret Yeoman, Anacortes, WA 
 
 Jim Whitmaker, Recreational Equipment, Inc., Seattle, WA 
 
 Mr. and Mrs. Matthew Mottola, March-Hill Wildlife Haven, Friday Harbor, WA 
 
 Marilyn Valich, Lynden, WA 
 
 Roy Marokus, M.D., University of Texas Health Science Center, Dallas, TX 
 
 Clint Morrow, Bellevue, WA 
 
 Jan van Niel, Pilchuck Audubon Society, Everett, WA 
 
 Rich Sparks, Anacortes, WA 
 
 INDUSTRY 
 
 Snelson-Anvil , Inc., Anacortes, WA - James W. Macy 
 
 Shell Oil Co. - Anacortes Refinery, Anacortes, WA - Bill Malseed 
 
 Texaco, Inc. - Puget Sound Plant, Anacortes, WA - Phil Templeton 
 
 UNIVERSITIES AND PUBLIC SCHOOLS 
 
 University of Washington - Friday Harbor Lab, Friday Harbor, WA 
 
 Dr. Dennis Willows 
 Division of Marine Resources, University of Washington, Seattle, WA 
 
 Dr. Alan Duckspree 
 Division of Marine Resources, University of Washington, Seattle, WA 
 
 Dr. S. Murphy 
 Anacortes School District #103, Mt. Vernon, WA - Dr. D.C. Duane Lowell 
 Mt. Vernon School District, Mt. Vernon, WA - Tom Pol lino. Superintendent 
 
52 
 
 Burlington School District, Burlington, WA - Nathaniel Moore 
 Huxley College of Environmental Studies, Western Wash. University, 
 
 Bellingham, WA - Dr. Gil Peterson 
 Seattle Pacific University, Seattle, WA - Ronald C. Phillips 
 Shannon Pt. Marine Studies Center, Western Wash. University, 
 
 Anacortes, WA - Dr. Charles J. Flora 
 Skagit Valley College, Mt. Vernon, WA - Dr. James M. Ford 
 Skagit Valley College, Mt. Vernon, WA - Jim Monroe 
 University of Washington - Friday Harbor Lab, Friday Harbor, WA 
 
 Dr. Carl Nyblade 
 
53 
 
 PART VII: APPENDICES 
 
 I. Estuarine Sanctuary Guidelines, 1974 and 1977 
 
 II. Estuarine Sanctuary Research Program 
 
 III. Estuarine Sanctuary Educational Program 
 
 IV. Estuarine Sanctuary Recreational Program 
 
 V. Partial Preliminary Acquisition Grant Application 
 
 VI. Partial Listing of Public Meetings Regarding Padilla Bay 
 
 VII. Padilla Bay Estuarine Sanctuary Steering and Technical Committee 
 Members 
 
 VIII. Partial List of Plants, Marine Invertebrates, Fishes, Birds, 
 and Mammals of Padilla Bay 
 
 IX. Regulations and Policies Related to Padilla Bay 
 
APPENDIX I 
 Estuarine Sanctuary Guidelines, 1974 and 1977 
 
FRIDAY, SEPTEMBER 9, 1977 
 
 PART IV 
 
 DEPARTMENT OF 
 COMMERCE 
 
 National Oceanic and 
 Atmospheric Administration 
 
 ESTUARINE SANCTUARY 
 
 Guidelines 
 
45522 
 
 PROPOSED RULES 
 
 DEPARTMENT OF COMMERCE 
 
 National Ocaanic and Atmospheric 
 Administration 
 
 [15CFRPart921] 
 
 ESTUARINE SANCTUARY GUIDELINES 
 
 Policies and Procedures for Selection 
 
 Acquisition and Management 
 
 AGENCY: National Oceanic and Atmos- 
 pheric Administration. Department of 
 Commerce. 
 
 ACTION: Proposed rule. 
 SUMMARY: This proposed rule will 
 aUow the National Oceanic and Atmos- 
 pheric Administration to make a pre- 
 liminary acquisition grant to a State to 
 undertake a fair market value appraisal, 
 and to develop a uniform relocation act 
 plan, a detailed management plan and a 
 research framework for a proposed estu- 
 artne sanctuary, developed pursuant to 
 Section 315 of the Coastal Zone Manage- 
 ment Act of 1972, as amended. 
 
 DATE: Comments must be received on or 
 before October 1, 1977. 
 
 FOR ^ ' UK ' i ' HJ^IH INFORMATION CON- 
 TACT: 
 
 Robert R. Kifer. Physical Scientist, 
 Policy and Programs Development Of- 
 fice, Office of Coastal Zone Manage- 
 ment, 3300 Whitehaven Parkway, Page 
 One Building. Washington, D.C. 2023S 
 (202-634-4241). 
 
 SUPPLEMENTARY INFORMATION: 
 On June 4, 1974, The National Oce- 
 anic and Atmospheric Administration 
 (NOAA) published 15 CFR Part 921 en- 
 titled, "Estuarine Sanctuary Guidelines" 
 pursuant to then section 312 of the 
 Coastal Zone Managonent Act of 1972. 
 as amended, for the purpose of establish- 
 ing policy and procedures for the selec- 
 tion, acquisition, and management of 
 estuarine sanctuaries. 
 
 XThder new subsection 315(1) of the 
 Act, the Secretary of Commerce is au- 
 thorized to make available to coastal 
 States grants of up to 50 per centiun of 
 the cost of acquisition, development, and 
 operation of estuarine sanctxiaries. In 
 general, subsection 315(1) provides that 
 grants may be awarded to States on a 
 matching basis to acqxiire, develop, and 
 operate natural areas as estuarine sanc- 
 tuaries in order that scientists and stu- 
 dents may be provided the opportxmity 
 to examine over a period of time ecologi- 
 cal relationships within the area. The 
 ptupose of these guidelines is to Imple- 
 ment this program. 
 
 As a result of two years of program 
 implementation, the regulations are pro- 
 posed to be modlfled to specifically au- 
 thorize the granting of acquisition 
 money to States In two stages: 
 
 (I) An Initial grant for such prelimi- 
 nary purposes, as survesdng and assess- 
 ing the land to be acquired, and the de- 
 velopment of management procedures 
 and research programs; and 
 
 (II) A second grant for the actual ac- 
 quisiti(xi of the land. The Federal share 
 of the sum of the two grants shall not 
 
 exceed 50 percent of the acquisition costs 
 involved. Any State receiving an Initial 
 grant shall be obligated to repay it if, 
 due to any fault of the State, the sanctu- 
 ary is not established. 
 
 As a result of this new grant procedure, 
 much more information relating to costs, 
 values, management procedures, and re- 
 search programs will be available at the 
 time of the publication of a draft en- 
 vironmental impact statement. Proposals 
 made public to date in the form of an 
 Environmental Impact Statement (EIS) 
 have been criticized for lack of specificity 
 In these areas. By malting a small pre- 
 liminary acquisition grant to a State, 
 the estuarine sanctuary proposal can be 
 more fully developed and the public can 
 become more aware of the costs and the 
 exact nature of the long-term manage- 
 ment. 
 
 In response to State questions about 
 estuarine sanctuary research, the pro- 
 posed regulations provide that such re- 
 search can be funded if it can be shown 
 to be related to program administration. 
 
 NOAA has reviewed these proposed 
 regulations pursuant to the National En- 
 vironmental Policy Act of 1969 and has 
 determined that promulgation of these 
 regulations will have no significant im- 
 pact on the environment. 
 
 Compliance with Executive Order 
 11821. The economic and infiationary 
 impact of these proposed regulations has 
 been evaluated in accordance with OMB 
 Circular A-107 and it has been deter- 
 mined that no major Inflationary im- 
 pact wiU result. 
 
 Dated: August 26. 1977. 
 
 T. P. GtHTZR. 
 
 AssistaTit Administrator 
 for Administration. 
 
 It Is proposed to amend 15 CFR Part 
 921 as follows: 
 
 (1) By revising the table of contents 
 and authority citation to read as follows: 
 
 Subpart A — G«n*ral 
 
 021.1 PoUey &nd objectives. 
 
 921.2 Deflnltlons. 
 
 9213 Objectives and Implementation of 
 
 the program. 
 921.4 Blogeograpbic claastflcatlon. 
 
 921.3 MulUple use. 
 
 921.6 Relationship to -other provisions of 
 the Act and to marine sanctuaries. 
 
 Siibpert B— Applicatton for Qrants 
 
 921.10 General. 
 
 921.11 implication for preliminary acquisi- 
 
 tion granta. 
 .921.12 Application for land acquisition 
 grants. 
 
 921.13 Application for operational granta. 
 
 921.14 FederaUy-owned lands. 
 
 921.20 
 921J1 
 
 Subpart C — Selection CriUria 
 
 (Mterla for selection. 
 Public participation. 
 
 Subpart O— Operation 
 
 921.30 General. 
 
 921.31 Changes in the sanctuary boundary, 
 
 management poUcy, or research 
 progtam. 
 
 921.32 Program review. 
 
 ATTTHoarrT: Sec. 319(1), Coastal Zone Man- 
 agement Act of 1972. as amended (90 Stat. 
 1030, (16 U.aC. 1461) Pub. U 94-370). 
 
 (2) By revising Subpart B — ^Applica- 
 tion for Grants — as follows: 
 
 Subpart B— Application for Grants 
 
 § 921.10 CeneraL 
 
 Section 315 authorizes Federal grants 
 to coastal States so that the States may 
 establish sanctuaries according to regu- 
 lations promulgated by the Secretary. 
 Coastal States may file applications for 
 grants with the Associate Administrator 
 for Coastal Zone Management (OCZM) , 
 Office of Coastal Zone Management. Page 
 1, 3300 Whitehaven Parkway NW, Wash- 
 ington. D.C. 20235. That agency which 
 has been certified to the Office of Coastal 
 Zone Management as the entity respon- 
 sible for administration of the State 
 coastal zone management program may 
 either submit an application directly, or 
 must endorse and approve applications 
 submitted by other agencies within the 
 State. 
 
 § 921.11 Application for preliminary 
 acquisition grants. 
 
 (a) A grant may be awarded on a 
 matching basis to cover costs necessary 
 to preliminary actual acquisition of land. 
 As match to the Federal grant, a State 
 may use money, the cost of necessary 
 services, the value of foregone revenue, 
 and/or the value of land either already 
 in its possession or acquired by the State 
 specifically for use In the sanctuary. If 
 the land to be used as match already Is 
 In the State's possession and Is in a pro- 
 tected status, the State may use such 
 land as match only to the extent of any 
 revenue from the land foregone by the 
 State in order to include it in the sanc- 
 tuary. Application for a preliminary ac- 
 quisiti(»i grant shall be made on form 
 SF 424 application for Federal assistance 
 (ncn-coDstruction programs) . 
 
 (b) A preliminary acquisition grant 
 may be made for the defrayal of the 
 cost of: 
 
 (1) An appraisal of the land, or of the 
 value of any foregone use of the land, 
 to be used in the sanctuary: 
 
 (2) The development of a Uniform 
 Relocation Assistance and Real Property 
 Acquisition Policies Act plan; 
 
 (3) The development of a sanctuary 
 management plan; 
 
 (4) The development of a research and 
 educational program; and/or, 
 
 (5) Such other activity of a prelimi- 
 nary nature as may be approved in writ- 
 ing by OCZM. Any grant made pursusmt 
 to this subsection shall be refunded by 
 the State to whatever extent it has spent 
 in relation to land not acquired for the 
 sanctusuT, and if OC2^ requests such 
 refund. 
 
 (c). The application should contain: 
 
 (1) Evidence that the State has con- 
 ducted a scientific evaluation of itc estu- 
 aries and selected one of those most rep- 
 resentative. 
 
 (2) Description of the proposed 
 sanctuary Including location, proposed 
 boundaries, and size. A map(s) should 
 be Included, as well as an aerial photo- 
 irraph if available. 
 
 ROOAl IfiGISTEl, VOL 42, NO. 175--RIOAr, SffTCMBEt 9, 1977 
 
PROPOSED RULES 
 
 45523 
 
 (3) Classlflcation of the proposed 
 sanctuary according to the biogeo- 
 graphic scheme set forth In 9 921.4. 
 
 (4) Description of the major physical, 
 geographic, biological characteristics and 
 resources of the proposed sanctuary. 
 
 (5) Demonstration of the necessary 
 authority to acquire or control and man- 
 age the sanctuary. 
 
 (6) Description of existing and poten- 
 tial uses of. and conflicts within, the 
 area If it were not declared an estuarine 
 sanctuary; and potential use restriction 
 and conflicts if the sanctuary is estab- 
 lished. 
 
 (7) List of protected sites, either with- 
 in ttie estuarine sanctuaries program or 
 within other Federal, State, w private 
 programs, which are located in the same 
 region or bio geographic classification. 
 
 (8) The manner in which the State 
 solicited the views of Interested parties. 
 
 (9) In addition to the standard A-9S 
 review procedures, the grant application 
 should be sent to the State Historic Pres- 
 ervation OfElce for comment to Insure 
 compliance with section 106 of the Na- 
 tional Preservation Act of 1966. 
 
 (d) In order to develop a truly repre- 
 sentative scheme of estuarine sanctu- 
 aries, the States should coordinate their 
 activities. This wQl help to minimize the 
 possibility of rlmilar estuarine types be- 
 ing proposed in the same region. The 
 extent to wiiich neighboring States were 
 consxilted should be indicated. 
 
 § 921.12 Application for land acquisi- 
 tion grants. 
 
 Ca) Acquisition grants will be made to 
 acquire land and facilities for est\iarlne 
 sanctuaries that have been thoroughly 
 described in a preliminary acquisition 
 grant application, or where equivalent 
 Information is available. Application for 
 an acqxilsitlon grant shall be made on 
 SF 424 application for Federal assist- 
 ance (construction program). 
 
 In general, lands acquired pursuant to 
 this subsection are legitimate costs and 
 their fair market value, developed ac- 
 cording to Federal appraisal standards, 
 may be Included as match. The value of 
 lands donated to the State and cash do- 
 nations may also be used as match. If 
 the State already owns land which is to 
 be used In the sanctuary, the value of 
 any yjse of the land foregone by the State 
 in order to Include such land in the 
 sanctuary, capitalized over the next 20 
 years, may be used by the State as* 
 match. The value of lands purchased by 
 a State within the boundaries of pro- 
 posed sanctuaries whUe an ajiplication 
 for a preliminary acqi:ilsition grant or 
 land acquisition grant Is being ^xmsid- 
 ered may also be used as match. 
 
 (b) An acquisition application should 
 contain the following information: 
 
 (1) Description of any changes In pro- 
 posed sanctuary from that presented In 
 the preliminary acquisition grant appli- 
 cation. If such an application has not 
 been made, then, information equivalent 
 to that required In such a grant applica- 
 tion should l>e provided. ^ ■- %': 
 
 (2) Identification of ownership pat- 
 terns, proporji9njs;pf;;tod<#are«kdyiin/i»a? 
 
 public domain; fair market value ap> 
 praisal and Uniform Relocation Act plan. 
 
 (3) Description of research programs, 
 potential and committed research or- 
 ganizations or agencies, and benefits to 
 the overall coastal zone msmagement 
 program. 
 
 (4) Description of proposed manage- 
 ment techniques, including the manage- 
 ment agency and proposed budget — in- 
 cluding both State and Federal shares. 
 
 (5) Description of planned or antici- 
 pated land and water use and controls 
 for contiguous lands surrounding the 
 proposed sajictuary (including, if appro- 
 priate, an analysis of the desirability of 
 creating a marine sanctuary in adjacent 
 areas). 
 
 (6) Assessment of the environmental, 
 and socio-economic Impacts of declaring 
 the area an estuarine sanctuary, includ- 
 ing the economic impact on the sur- 
 rounding community and its tax t>ase. 
 
 (7) Discussion, including cost and 
 feasibility of alternative methods for ac- 
 quisition and protection of the area. 
 
 § 921.13 Application "'for operation 
 grants. 
 
 (a) Althovigh an acquisition grant ap- 
 plication for creation of an estuarine 
 sanctuary should Include Initial opera- 
 tion costs, subsequent applications may 
 be submitted following acquisition and 
 establishment of an estuarine sanctuary 
 for additional operational funds. As in- 
 dicated in S 921.11, these costs may in- 
 clude administrative costs necessary to 
 monitor the sanctuary and to protect the 
 integrity of the ecosystem. Extensive 
 management programs, capital expenses, 
 or research will not normally be fimded 
 by section 315 grants. 
 
 (b) After the creation of an estuarine 
 sanctuary established under this pro- 
 gram, applications (Form SF 424) for 
 Federal assistance (ncm-construction 
 program), for such operational grants 
 should include at least the following in- 
 formation: 
 
 (1) Identification of the boundary 
 (map) . 
 
 (2) Specifications of the research and 
 management programs, including man- 
 aging agency and tecimiques. 
 
 (3) Detailed budget. 
 
 (4) Discussion of recent and projected 
 use of the sanctuary. 
 
 (5) Perceived threats to the Integrity 
 of the sanctuary. 
 
 §921.14 Federallr-owned lands. 
 
 (a) Where Federally-owned lands are 
 a part of or adjacent to the eurea pn^xjsed 
 for designation as an estuarine sanc- 
 tuiary, or where the control of land and> 
 water uses on such lands is necessary to 
 protect the natural system within* "the 
 sanctuary, the State should contact the 
 Federal agency maintaining control of 
 the land to request cooperation in provid- 
 ing, coordinated management policies. 
 Such lands and State request, and tlie 
 Federal agency response, should be Iden-p- 
 tlfied and conveyed to the Office of 
 Covtal Zone Management. 
 
 Cb) Where such proposed use or con- 
 trol pf fi^tfvJlS'sQvned lands nouldvooi;. 
 
 conflict with the Federal use of their 
 lands, such cooperation and coordination 
 Is encouraged to the maximum extent 
 feasible. 
 
 (c) Section 315 grants may not be 
 awarded to Federally -owned lands; how- 
 ever, a similar status may be provided on 
 a volimtary basis for Federally-owned 
 lands under the provisions of the Federal 
 Committee on Ecological Perserves 
 program. 
 
 § 921 JM) [Amended] 
 
 (4) Subpart C— Selection Criteria— is 
 amended by changing the first sentence 
 in S 921.20 to read: ** Applications for 
 preliminary acquisition or land acquisi- 
 tion grants to establish estuarine sanc- 
 tuaries will be reviewed and Judged on 
 criteria including: " 
 
 (5) Section 921JI is revised, as fol- 
 lows: 
 
 § 921.21 Pitblie participation. 
 
 (a) Public participatiim in the selec- 
 tion of an estuarine sanctuary Is re« 
 qtiired. In the selection process, the se- 
 lecting entity (see 9 921.10) shall seek 
 the views of possibly affected landown- 
 ers, local governments, and Federal 
 agencies, and shall seek the views of pos- 
 sibly interested other parties and orga- 
 nizations. The latter would include, but 
 need not be limited to. private citizens 
 and business, social, and environmental 
 organizations In the area of the site be- 
 ing considered for selection. This solici- 
 tation of views may be accomplished by 
 whatever means the selecting entity 
 deems appropriate, but shall Include at 
 least one public hearing in the area. No- 
 tice of such hearing shall include infor- 
 mation as to the time, place, and subject 
 matter, and shall be published in the 
 principal area media. The hearing jhai-j 
 be held no sooner than 15 days follow- 
 ing the publication of notice. 
 
 (b) The Office of Coastal Zone Man- 
 agement (OCZM) shall prepare draft 
 and final environmental Impact state- 
 ments pertaining to the site finally se- 
 lected for the estuarine sanctuary fol- 
 lowing public participation in the selec- 
 tion of that site, and shall distribute 
 these as appropriate. OC2IM may hold a 
 public hearing in the area of such site at 
 which both the draft environmental im- 
 pact statement (DEIS) and the merits 
 of the site selection may be addressed by 
 those in attendance. . 0(rZM shall hold 
 such a hearing if: (1) In its view, the 
 DEIS is controversial, or (2) If there ap- 
 pears to be a need for further informing 
 the public with regard to pither the DEIS 
 or one 9r more aspects of the site se- 
 lected, or (3) if such a. hearing is re- 
 «5Mested In writing (to either the select- 
 ing entity or (CZM) by an affected or in- 
 terested -party, -or H) for other good 
 cause. If held, such hearing shall be held 
 no. sooner than 30 days following the Is- 
 suance of the DEIS and no sooner than 
 15. days after appropriate notice of such 
 hearing has been given In the area by 
 OCZM< vdth the assistance of the select- 
 ing entity. 
 
 iffiA9V^r«aidaimtod9f>«-T7;8:iS am] 
 
 m>€MAL BfGISTH, VOC 42, NO. 175— .HUDAr, SIPTZMSa f, 1977 
 
» 
 
 TUESDAY, JUNE 4, 1974 
 WASHINGTON. O.C. 
 VeluRM 39 ■ Numbtr lOt 
 
 PART IV 
 
 DEPARTMENT OF 
 COMMERCE 
 
 National Oceanic and 
 Atmospheric Administration 
 
 Estuarinc Sanctuary Guidelines 
 
1W22 
 
 lULES AND ICCUUTIONS 
 
 THIa 15 Co m mfca and Foraign Tnda 
 
 CHAFTZR IX— NATIONAL OCCAN)C AND 
 ATMOSPHERIC ADMINISTRATION* D£- 
 PARTM£NT OF COUMEJtCE 
 
 PART 921— ESTURAiNC SANCTUAJnT 
 GUiOCUNES 
 
 The National OcsaziIc tad Ataot- 
 phenc Admlniatmtioa (KOAA) oa 
 March 7. 1974. propoMd fuldellnef (15 
 CTR Pan 921) ptamiant to MCtioa 312 of 
 the Coastal Zone Management Act of 
 1972 (Pub. L. 82-383. M Stat. 1280). 
 hereinafter referred to aa the "Act." for 
 the purpose of establishing the policy 
 and procedures for the nomination, se- 
 lection and teanagemsnt of estuarlse 
 aanctturies. 
 
 Written comments were to be nib* 
 mltted to the OfSce of Coastal &iYlron- 
 ment (cow the OfBce of Coastal Zcne 
 Management) , Ifatlonal Oceanic and 
 Atmospheric Adminiatratloo. befora 
 April 8. 1974. and consideraaaa haa been 
 Slven those comments. 
 
 The Act. recognizes that the coastal 
 20ue Is rich in a variety of &a£uraJ. com- 
 mercial. recreational, fadosta^al and 
 esthetic resources of isun«dlatA and po- 
 tential value to the present and future 
 well-being of the nation. States are en- 
 couraged to develop and Implement 
 management programs to achieve wise 
 use of the resources of the coaatal sooe. 
 and the Act authorises Federal graau to 
 the States for these purposes (aecttens 
 305 and 306). 
 
 In addition, under section 313 of the 
 Act. the Secretary of Commerce la 
 authorized to make available to a coastal 
 State grants of up to 50 per centum of 
 the cost of acquisition, development and 
 operation of e$tuarlne sanctuaries. The 
 guidelines contained !n this part are for 
 grants under section 312 . 
 
 In general, section 312 providea that 
 grants may be awarded to States on a 
 match Lng basis to acquire, develop and 
 operate natural areas ta estuarise sanc- 
 tuaries in order that scientists and stu- 
 dents may be provided the opportimity 
 to examine over a period of time ecologi- 
 cal reiatioiuhips within the area. The 
 purpose of these guidelines is to establish 
 the rules and regulatlozu for Implenoen- 
 tation of this program. 
 
 T^ National Oceanic and Atmoaph^rle 
 Administration is publishing herewith 
 the 2nal regulations describing the pro- 
 cedures for applications to receive grants 
 for estuarlne sanctuaries under taction 
 312 of the Act. The final regulations and 
 criteria were I'evised from the propoaed 
 guidelines based on the comments re- 
 ceived. A total of fl/ty (30) States, agen- 
 cies, organizations and individuals sub- 
 mitted responses to the proposed sec- 
 tion 312 guidelines published in the 
 FxszaAL RzszsTzx on March 7, 1974. Of 
 those responses received, eight (8) of- 
 fered no comment or were wholly favor- 
 able as to the nature and content of the 
 guidelines as originally proposed. Forty- 
 two (42) commentators submitted sug- 
 gestions concerning the proposed secdon 
 312 guidelines. 
 
 The foUowint summary analyzes key 
 comments received on various sections of 
 
 the p r o po se d regulations and presents 
 the rationale for the responses made. 
 
 flfBnn fSlJS Oe/tnificru. Three eom- 
 menta requested that the term "estuary** 
 be defined. Altliough the term is defined 
 la the Act aad also in the regulations 
 dealing with Coastal Zone Management 
 Program Development Grants (Part 920 
 of this chapter) published November 29. 
 1973, It has been added to these reguia- 
 tlona and broadened slightly to include 
 marine lagoons with restricted fresh- 
 water input such as might occur along 
 the south Texas coast. 
 
 Two other comments requested that 
 the "primary purpose" referred to la 
 I 921.2(b) be clearly defined. Although 
 elaborated upon in I 921 J (a), for the 
 purpose of clarity this change has been 
 made. 
 
 Section 921 J Obftetives and Imvle' 
 mentation. Several comments suggested 
 that the estuarlna sanctuary program 
 objactlvai were too narrowly defined aad 
 specifically that they should be broad- 
 ened to Include the acquisition aad pres- 
 arvatixaa of unique or endangered ectu- 
 ansa for wildlife or ecological reasons. 
 Although the Act (section 302) declares 
 it the nation's policy to preserve, protect, 
 devdop. and where possible, to restore or 
 enhance coastal resources, this Is per- 
 ceived to be achievable through SUte 
 actions pursuant to sections 305 and 305. 
 Whila it is recognized that the creation 
 of aa estuarlne sanctuary may in fact 
 serve to preserve or protect an area or 
 biological community, the legislative his- 
 tory of section 312 clearly Indicates the 
 estuarlne sanctuary program waa not in- 
 tended to duplicate existing broad pur- 
 poae Federal preservation programs, such 
 as might be accommodated by use of the 
 Land and Water Conservation Fond Act. 
 Instead, both tn the Act as well as Its 
 legislative history, the objective is de- 
 fined as preserving representative estu- 
 arlne areas for long-term research and 
 educational uses. 
 
 Three other comments suggested the 
 objectives of the program should be en- 
 larged to include the restoration of en- 
 vironmentally degraded areas. This. too. 
 Is perceived to be a SUte requirement 
 separate from section 312. Zn addition, 
 adequate authority for restoring de- 
 graded water areas now exists (for ex- 
 ample. Pub. L. 92-500 in addition to 
 sections 302. 305 and 306 of the Act). 
 No significant additional benefit would 
 appear to result from declaring an area 
 aa estuarlne sanctuary for the purposes 
 of restoratioa. 
 
 A few comments indicated that the 
 examples of sanctuary use were too heav- 
 ily weighted toward scientific uses to 
 the trrclusicn of educational uses. Public 
 education concerning the value and ben- 
 efits of, and the nature of conflict wltliin 
 the coastal zone, wtll.be essential to the 
 success of a coastal zone management 
 program. The section has been changed 
 to refiect an appropriate concern for 
 educational use. 
 
 Some commentators suggested changes 
 in or additions to the specific examples 
 of sanctuary uses and purposes. These 
 examples were taken from the Senate 
 
 aad Bouae Committee Reports and arc 
 eoaaidered sufficient to refiect the kinds 
 of ttaes Intended within an estuarlne 
 imaetoMry. 
 
 Several oomments were received per- 
 tatritng 4o i 921.3(c) involving the re- 
 strictions agaizist overemphasis of de- 
 ftructlTe or manipulative research. Ten 
 eeeamenta indicated that the section was 
 too weak and would not provide sufSdent 
 long-term protection for the sanctuary 
 •eosyitem. Several commentators spe- 
 dflraHy recommended deleting the words 
 "would not normally be permitted" and 
 Inserting la their place "will not be per- 
 mitted," la contrast, three respondents 
 indicated that the potential use of estu- 
 arlne sanctuaries for manipulative or 
 destructive research was too restricted, 
 and that these uses should be generally 
 pennltted if not encouraged. 
 
 The legislative history of section 313 
 clearly indicates that the intent of the 
 estuarlne sanctuary program should be 
 to preserve representative estuarlne 
 areas so that they may provide lons'^ 
 term (virtually permanent) scientific 
 aad educational use. The uses perceived 
 are compatible with what has been de- 
 fined as "research natural areas." In 
 aa era of rapidly degrading estuarlne 
 environments, the estuarlne sanctuary 
 program will ensure that a represenu- 
 ttve series of natural areas will be avail- 
 able for scientific or educational uses 
 dependent on that natural character, for 
 example, fcr baseline studies, for use in 
 undentanding the functioning of natural 
 ecological systems, for controls against 
 which the impacts of development in 
 Other areas might be compared, and as 
 Interpretive centers for educational pur- 
 poses. Any use. research or otherwise, 
 which would destroy or detract from the 
 natural system, would be inappropnate 
 under this program. 
 
 Zn general the necessity of or benefit 
 from permitting manipulative or de- 
 structive research within an estuarlne 
 sanctuary Is unclear. While there is a 
 legitimate need for such kinds of re- 
 search, ample opportimity for manipu- 
 lative or destructive research to assess 
 directly man's impact or stresses on the 
 estuanae environment exists now with- 
 but the need for creation or use of an 
 estuarlne sanctuary for this purpose. In 
 contrast, a clear need exists for natural 
 areas to serve as controls for manipula- 
 tive research or research on altered 
 systems. 
 
 The section on manipulative research 
 has been ciuaged to refiect the concern 
 for continued maintenance of the area 
 as a natural system. However, the modi- 
 fisr "normally" has been retained be- 
 cause, wishm these limits, it is not felt 
 necessary to preclude all such uses: the 
 occasion may rarely arise when because 
 of a thoroughly demonstrated direct ben- 
 efit, stsch research may be permitted. 
 
 Several comments suggested that the 
 program should include degraded estua- 
 rlne systems, rather than be limited to 
 areas which are "relatively undisturbed 
 by human activities." Such areas would 
 permit research efforts designed to re- 
 store an estuarlne area. As indicated 
 
 KDOAL IfGtSTfl. VOt. 39, NO. 101 — TUtSDAT, JUNf 4, 1*74 
 
ttaB AND lEOUUnOMS 
 
 19923 
 
 abort, aa ample ledsIatlT* mandate to 
 restora enTlronmcntally d«r(rade<l areaa 
 al»ad7 ezlf U: tha benaflte to b* darlTvd 
 into, declarlas such areaa aatuarlsa 
 sanctoarics would ba martin al Indeed, 
 it would appaax that 12 rectoratlon ef- 
 forts cannot occur without estuarlna 
 sanctuary designation, then, flren the 
 limited resources of this procram. such 
 efforts would not b« Xeadble. 
 
 A few rommentators luxrestad that 
 the phrase (1 921 J (eJ ) '*lf suflclent per- 
 manence and control by the State can 
 be assured, the' acquisition of a sanctu- 
 ary may involve kss than the actitilsltlon 
 of a fee simple Interest" be more clearly 
 defined. Explanatory language has been 
 added to that section. 
 
 Section 921.4 Zoo^eoffrapAie Ctais^^ea•' 
 tlon. Because the elasslfieallon scheme 
 utUixed plants as well m •Ji'mmj* two 
 commentaton sxwgested that iooca»- 
 graphle be changed to Moceocraphle. 
 This change li reflected In the final 
 rerulatlons. 
 
 One comment suggestad that selaetiOQ 
 of sanctuaries should depecd on the pres- 
 sures and threats being brought to bear 
 upon the natural areas involved even If 
 this me&nt selecting several aanctuarles 
 from one dasslflcatloa and noooe from 
 another. 
 
 The leglsIaUve history of section 312 
 clearly shows the intent to select catn- 
 arine aanctuarles oo a ratlbcal basis 
 which would reflect reglocal dilTerentla- 
 tlon and a variety of eeoeystems. The bt^ 
 feographle claolflcatlon tyatem. which 
 reflects leocraphlc hydrogranlUe. and 
 biologic dlCerencea. » Miffn« t*i*4 ttxten- 
 tlon. A srheme which would i^y^^y^t^r^ 
 that system, or another similar rr, and 
 would not fulfill the requlremenu of pro- 
 viding regional differentiation "id a 
 variety of ecosystems, would not be con- 
 sistent with the intended purpoee of the 
 Act. 
 
 A few eommente received aucgested 
 that the blo g ec g raphie etimrtflcstlon 
 scheme be enlarted by the addition of a 
 new class reflecting an area or State of 
 special concern or interest to the re» 
 spoodent. (No two oommentaton sug- 
 gested the same area.) It is felt that 
 adequate national representation is pn>- 
 vlded by the blogeographle sfheme pri> 
 posed, and that the change* offered were 
 in most cases examples of sub-categorlea 
 th9.t might be nUIlzed. 
 
 One comment suggested a specific 
 change in the deflniUon of the "Great 
 Lakes" category. Portions of that sug- 
 gestion have been incorporated into the 
 final rules. 
 
 Two commentators requested assur- 
 ance that sxib-categorles of the blogeo- 
 graphle scheme will in fact be utilized. 
 Tlie final language substitutes '>ill be 
 developed and utilized** for "may be de- 
 veloped and utilized." 
 
 Section 921 J MuitipU Use. Several 
 comments were received pertaining to 
 the multiple use concept. Three com- 
 mentators suggested that the multiple 
 use directive was contrsry to or absent- 
 from the Act and should be omitted. Ten 
 respcndenU felt the concept should be 
 more explicitly defined and restricted so 
 
 that the primazy purpoaa ot the sanc- 
 tuary would be mora dearly protected. 
 Zn contrast, two eommentaton fait thai 
 the definition might prove too reaCrictlve 
 and should be broedened. SevenJ eom- 
 mentaton stugested that fTvn r <f4 ot 
 anticipated multiple use might be 
 appropriate. 
 
 While recognizing that it la not alway* 
 poaalble to armmmrwiate more than a 
 slngic use In an environmentally sacsl- 
 five area, it Is not the tnt>r| »|r. Tt to on- 
 zsecesaarlly preclude the use* of sanc- 
 tuary areas where they are clearly com- 
 patible with and do not detract from the 
 loog-term protection of the ecosystem 
 for s rtfntlfle and edneaticnal purposes. 
 The language of { 921 J has b«en changed 
 accordingly. 
 
 Section 921.8 Relctiomhtp to OtJler 
 Provinons of the Act end to Marine 
 Sanetuaria. Several eomments wen re- 
 ceived which oocomended *"/1 stressed 
 the need for dose ooordlnatlon between 
 the development of State ooestal sne 
 management piit%r i^m*^ espedaily and 
 land and water use oontrola. and the 
 estiiarlne sanctuary program. 
 
 The relationship between the two pro- 
 grams is emphasized: eetuarlne sanctu- 
 aries should provide benefit — both short- 
 term and long-term— -to coasteJ zone 
 management decisloo-msJcen: and State 
 coastal zone management programs must 
 provide necessary protection for estu- 
 arlne sanctuarlea. This necessary coordi- 
 nation is discussed not oxUy in the estu- 
 arlne sanctuary regulations, but will also 
 be addreased In an appropriate fashion 
 in guidelines and rules for Coastal Zocm 
 Management Program Approval Crtterla 
 and AdmlnlstratlTe Grants. 
 
 Three commentetors discussed the 
 need for swift action by both BtaJte ^^fj 
 Federal governments to establish and 
 acquire estxiarlne sanctuaries. Tie Oflloe 
 of CosLStaJ Zone Management intends to 
 pursue the program as swiftly as avail- 
 able manixswer restralnte will permit. 
 
 A few eommente sought reassurance 
 that the estuartne sanctxurles program 
 will in fact be eoonllnated with the 
 Marine Sanctuaries Program (Title DX 
 Pub. L, 93-532). The guidelines have 
 been changed to reflect that both pro- 
 grams will be administered ^ the same 
 oOLct, 
 
 BunTAXt &— AjprtiCAtiOK rot Oaawrs 
 
 Section 921.10 CreneraL One reviewer 
 Indicated uncertainty about which SUte 
 agency may siibmlt applications for 
 grante under section 313. Although Indi- 
 vidual SUtes may vary in the choice of 
 individual agencies to apply for an es- 
 tuarlne sanctuarr. because of th.* neces- 
 sity for coordination with the State 
 coastal zone management program the 
 entity within the Stata which Is the cer- 
 tified contact with the Office of ''^>^^»^l 
 Zone Management. NOAA, responsible 
 for the administration of tbe coastal 
 zone management program must en- 
 dorse or approve an eatuarlne sanctuary 
 application. 
 
 Appropriate langusge has been in- 
 duded to ensure ti-iu coordlnatlxm. 
 
 Section 921.11 iTiitial Apviieaiian for 
 XcquWtlon, Development and Operation 
 
 OrwUt, Two eoBuaenU requested that 
 the sooraw and naxure of aoeepiable 
 T H^t^htwf txmdM t^'-t}}'* be ezplidtly 
 identified. 
 
 OMB Circular ArlM generally defiaes 
 and Identlflra l^glTlmate "match" for 
 Paderal grant projects. In general, refer- 
 ence tho^!d be made to that document. 
 However, the section has been expanded 
 in response to some spedfic and frequent 
 quertlona. 
 
 Two eommente stressed the need for 
 Increased avallahillty of research funds 
 to adequately utilise the potential of es- 
 tuarlna sanctuaries. While not an ap- 
 propriate function of the estuarlne sanc- 
 tuary program, the Ofltc* of Coastal Zone 
 Uanasement Is dfscMssIng the necessity 
 of adequate funding with sjaprsprlate 
 agencies. 
 
 One comment suggested that the term 
 ''legal des cri ption" of the sanctuary 
 (1921.11(a)) is not appropriate for all 
 categories of information requested. The 
 word "legal" has been omitted. 
 
 Three reviewers Indicated that the Act 
 provides no basis for consideration of 
 sodo-eeonomlc Impacte (1 921.11(1) > 
 and that thJbi erltexlon seemed Inappro- 
 priate to selecting estuarlne sanctuaries. 
 Apparently these reviewers misunder- 
 stood the intention of this requirement. 
 Ths information In this section is neces- 
 sary for preparation of an environmental 
 impact statement which will be pr epared 
 pursuant to NZPA. Although required in 
 the application, such information Is not 
 a pars of the sdectlon criteria, which are 
 addTBCTsd In Subpart C. I 921.20. 
 
 One similar comment was received 
 with regard to consideration of ezistlr.g 
 and potential use* and conflicts (i 921.- 
 11(h) ) . This Item Is also discussed under 
 saleetloo criteria (f 921JO(h^ ). It Is in- 
 tended that this cnterton wlU only be 
 considered when r horning between two 
 or mors sanctuary applications within 
 the same biogeographie category which 
 are of otherwise equal merit. 
 
 One comment drew attention to an 
 apparent ^vographlc error in I 921.11 
 (m) where ths term "marine estuaries" 
 seeros out of context. This hsbs been cor- 
 rected. 
 
 - Two commentators suggested that 
 public hearings should be required In the 
 devdopment of an estuarlne sanctuary 
 applicatioo. Althoitfh such a hearing is 
 deemed desirable by the Office of Coasts: 
 Zona Management, it would not alTnay: 
 seem to be necessary, lie language Ir. 
 i 920.11(1) has been changed to reflect 
 the sincere concern for the adequate in- 
 volvement of the public, which is *1«^ 
 addressed under a new I 920.21. 
 
 One respondent suggested that a ne^ 
 section be added requiring the appli- 
 cant to dtmmss alternative methods oi 
 acquisition or control of the area, includ- 
 ing the designation of a marine sanctu- 
 ary, in place of establishing an estuannt 
 sanctuary. A new section (i 920.11 (n) : 
 has been added for this pxirpose. 
 
 Section 921.12 Subsequmi ApplieaticT. 
 for Development and Operation Granti 
 Three commentators expressed concerr. 
 that the Intent of I 921.12 be more clear! r 
 expressed. Appropriate changes have 
 been made. 
 
 PQOAl SfCISTfl. VOC 3V. MO. 1C»— TUCOAY, JWI 4, 1V74 
 
19924 
 
 una AND l£GUUT10NS 
 
 Ott0 comment vm sudt that * pro- 
 Tiaidn abouM b« tDduded to um rrlfrinf 
 FederaJly owsed lAsd lor the purpoM of 
 tbe estu&nne Mz:etuju7 progr&m. A mc- 
 tloa hM been »dded Xor thAt purpoM. 
 
 Section 921^ Criteria, for Selection, 
 Oso comment nvf ested t2i*t the oon- 
 iidiOAtlon of conflict vlth exlrttQc or po- 
 tential eompetinc uses should not be tn- 
 eluded u a sekctlofi criterion. Aa dis- 
 cussed above, this criterion Is considered 
 appropriate. 
 
 Another reviewer suf gested the tddl- 
 tlon ot a new criterion, consideration oi 
 **th« need to protect a particular ectoar? 
 from harmTul development.'* As dis- 
 cussed earlier, this criterion Is not con- 
 sidered appropriate. Such a basis for 
 determining selection would lead to a 
 reaetionaxy, random serls of estuarine 
 sanetuarlea. rather than the rationally 
 chosen representative series mandated 
 ta the legislative history. 
 
 Two reviewers commented that the 
 UmltaUon on the Federal share (12.QQQ,- 
 
 000 for each sanctuary ) was too low and 
 voQld severely restrict the usefulness of 
 tho p r ogram. Bowever, this limitation 
 li provided by the Act. 
 
 Another commentator suggested that 
 
 1 93U0(g) WS4 imnecessarlly restrictive 
 ^ that It might prevent selecting an 
 •stuarine sanctuary In an area adjacent 
 to erlsttng preserved lands where the 
 eonjCBCtlon might be mutually benefl- 
 daL The language of i 921 JO (g) does 
 Bot preclude such action, but has been 
 changed to specifically permit thb pos- 
 sibility. 
 
 Two commentators Inquired whether 
 the reference to a "draft" environmental 
 Impact statement (I 92U0. last para- 
 graph) Indicated an Intention to avoid 
 further compliance with NEPA. It Is the 
 Urm Intention of the Office of Coaxtal 
 Zone Management to fully ewnply In all 
 respects with NEPA. The word "draft" 
 has been struck. 
 
 Three reviewers addressed the prob- 
 tema of providing adeqtiate public par- 
 ticipation In the review and selection 
 process. In addition to the change In 
 i 920.1K 1 ) . a new section has been added 
 to address this Issue. 
 
 SvsPAXT D— OrniAnoir 
 
 Section 92 UO General. One oommen- 
 tator suggested that diirlng contract 
 negotiations, there should be a meeting 
 between the applicant agency and pro- 
 posed sanctuary management team, and 
 representatives of the Office of Coastal 
 Zone Msnagement. The general pro- 
 visions have been broadened to provide 
 for this suggestion. 
 
 Two comments were submitted which 
 UTztd that some discretion be exercised 
 tQ the use and access to the sazietuary 
 by scientists and students. Two other 
 comments were received which requested 
 spedile protection for use by the general 
 public. The guidelines have been changed 
 to include these suggestions. 
 
 One comment was received suggesting 
 language to clarify I 921.30(g) . This was 
 Incorporated Into the guidelines. 
 
 Two eoramcntaton expressed concern 
 for enforcement eapabHiUes and activl- 
 tiee to ensure protection of the estuarine 
 sanctuartea. A new aectloo lias been 
 added which addresses this issue. 
 
 Finally, one suggestion was received 
 that a vehicle for change In the manage- 
 ment policy or research programs should 
 be provided. A new section has been 
 added for that purpoM. 
 
 Accordingly, having considered the 
 commenU received and other relevant 
 Information, the Secretary concludes by 
 adopting the final regulations describing 
 the procedure for applications to receive 
 estuarine sanctuary grants under section 
 312 of the Act, as modified and set forth 
 below. 
 
 Effective date: June 3. 1974. 
 
 Dated: May 31. 1974. 
 
 RoasxT M. WHiTt, 
 Adminiatrator, 
 
 Mi .1 PoUer Mid ebjMtlTM. 
 
 t3i.a D«esietooj. 
 
 sau Ob]*ettTM ftad impUtnest^Uea ot 
 
 931.4 Bioceogrmptile cl*otfle»tiexu 
 m J MulUpl* UM. 
 
 931.5 lUI«tloiMh!p to ether prvruioes at 
 
 tiu Act ftad to aujna* MnenuolM. 
 
 t4ibp«it B — Ape<icatf«n for Grants 
 
 931.10 OvaanJ. 
 
 931.11 AppUa^Uea ter ^Tt»H*J scqulsitiea, 
 
 d«v«iopm*at ftiul opcrmttoa graau. 
 931.13 A^Uesaoa tar fubM^nvst d«Tclop> 
 
 meat »ad op«r»ttoa grmata. 
 931.13 T9d4r%il7 evn«4 Uadi. 
 
 Subffsrt C— S«l«cti«n Crlt*W« 
 
 931 .30 Criteria tor M!«<tiea. 
 
 921.31 Public pwtlclpttCioa. 
 
 Subpart D O g if ti on 
 ft31J0 a«n«ral. 
 
 931.31 C&*s<M tci Xh* MBctuftrr bonndftry. 
 si&Ok«*m*at policy or rrMMca 
 
 piUfUMS. 
 
 931 J:2 yregrMa r»ri«w. 
 
 AvTMommr: 8«e. 313 of tht Cocstal Zen* 
 SC&aActrarat Act of 19T3 (Pub. L. 02-583. 84 
 
 Stat. 1380), 
 
 Subpart A— Gefteral 
 
 f 921.1 Feliey aad ObJ«etiv«a. 
 
 The estuarine sanctuaries program wlH 
 provide grants to States on a matching 
 basis to acqxiLre. develop and operate 
 natural areas as estiiarlne sanctuaries In 
 order that scientists and students may be 
 provided the opportunity to examine over 
 a period of time the ecological relation- 
 ships within the aresu T^e pxurpose of 
 these guidelines is to establish the rules 
 and regulations for Implementation of 
 the px ugf am . 
 
 { 921.2 Dcfiaitioiu. 
 
 <a) In addition to the definitions 
 fotmd In the Act and in the regulations 
 dealing with Coastal Zone Management 
 Program Development Grants published 
 November 29. 1973 (Part 920 of this 
 chapter) the term -estuarine sanctuary" 
 as defined In the Act. means a research 
 area which may inclxide any part or all 
 of an estuary, adjoining transitional 
 8xeas, and adjacent uplands, constituting 
 
 to the extent feaaible a natural unit, aei 
 aside to provide scientists and students 
 the opportunity to examine over a period 
 of time the ecological relatlonahips with- 
 in the area. 
 
 <b) Por the purposes of this section, 
 "estuary^ means that part of a river or 
 stream or other body of water having un- 
 Impared connection with the open sea 
 where the sea water ii measurably diluted 
 with freshwater derived from land drain- 
 age. The term includes estuary-type 
 areas of the Great LaJces as well as la- 
 goons In more arid coastal regions. 
 
 (c) The term "multiple use" as used 
 in this section shall mean the simuiu- 
 neous utilisation of an area or resource 
 for a variety of compatible purposes or 
 to provide more than one benefit. The 
 term Implies the long-term, continued 
 uses of such resources In such a fashion 
 that other uses will not Interfere with, 
 diminish or prevent the primary pxirpose. 
 which Is the long-term protection of the 
 area for scientific and educational use. 
 
 i 921^ Obfectivea and implcsncntatioa 
 of the prograa. 
 
 (a) General. 7^ purpose of the es- 
 tuarine sanctuaries program Is to create 
 natural field laboratories kt which to 
 gather data and make studies of the 
 natural and human processes occurring 
 within the estuaries of the coastal zone. 
 TTxls shall be accomplished by the estab- 
 lishment of a aeries of estuarine sanc- 
 tuaries which will be designated so that 
 at least one representative of each type 
 of estuarine ecosystem will endure Into 
 the future for scientific and educational 
 purposes. The primary use of estuarine 
 sanctuaries shall be for research and 
 educational purposes, especially to pro- 
 vide some of the Inf orsaation essential to 
 coastal zone management decislon-mak" 
 Ing. Specific examples of such purposes 
 and uses Include but an not limited to: 
 
 (1) To gain a thorough understanding 
 of the ecological relationships within the 
 estuarine environment. 
 
 (3) To maJce baseline ecological meas- 
 urementa. 
 
 (3) To monitor slgntflcant or vital 
 changes In the estuarine environment. 
 
 (4) To assess the effects of man's 
 stresses on the ecosystem and to forecast 
 and mitigate possible deterioration from 
 human activities. 
 
 (5) To provide a vehicle for increasing 
 public knowledge and awareness of the 
 complex nature of estusulne systems, 
 their values and benefits to man and na- 
 ture, and the problems which confront 
 them. 
 
 <b) The wnphatls within the program 
 will be «i the designation as estuarine 
 sanctuaries of areas which will serve as 
 natural field laboratories for studies and 
 Investigations over an extended period. 
 The area chosen as an estuarine sanc- 
 tuary shall, to the extent feasible, in- 
 clude water and land masses constituting 
 a natural ecological unit. 
 
 (c) In order that the estuarine sanc- 
 tuary will be available for future studies, 
 research invol^'lng the destruction of any 
 portion of an estiiarlne sanctuary which 
 would permanently alter the nature of 
 the ecosystem shall not normally be 
 
 moaAl IfCISTIl. VOL 39. no. IOS — njISOAV. JUNE 4, 1974 
 
tutn AM9 teeuunow 
 
 U925 
 
 pennltud. In th« oaunul dreuaast&zuai 
 where pennttt«d. resnipulAUre fiald r^ 
 search ih&II b« e&refoHy controlled. No 
 experiment vtilch InTolvae maAiptil»UT« 
 resatreta ihAlI be tnltlAUd unta the ter- 
 xnln&tlon date la specified uid erldvoee 
 given th&t the cnilronsient vUl be re- 
 turned to Iti oaodltlo& vhich edstad 
 prior to the experiment. 
 
 (d) R Is anticipated that moet of the 
 areas selected as sanetuarlet will be rei- 
 atively undisturbed br human aetintlee 
 at the Grae at acquisition. Therefore. 
 most ot the areaj selected will be areas 
 with a minimum of derelopment. Indus- 
 try or habitation. 
 
 (a) XT sufficient permanence and con- 
 trol by the State can be assured, the 
 acquisition of a sanctuary may tnrolTe 
 less than the acquisition of a fee simple 
 Interest. Such tnterssi may be. for ex- 
 ample, the acquisition of a conserva- 
 tion easement, 'derelopment rights', or 
 other partial Interest sufficient to assure 
 the protection of the natural system. 
 Leading. 'which would not assure perma- 
 nent protection of the syitsm. would not 
 be an acceptable altematlre. 
 
 i 921.4 Biofeofrmphic dMmi&cation. 
 
 (a) It Is Intended that estuarlne sanc- 
 tuaries should not be chosen at random, 
 but should reflect regional dUTerentia- 
 tlon and a yarlecy of ecosystems so as 
 to cover all slsniCcant variations. To 
 ensure adequate representation of all es- 
 tuarlne types reflecting regional differ- 
 entiation and a variety of ecosystems. 
 selections wlU be made by the Secretary 
 tntn. the following blogeographlc class- 
 ifications: 
 
 1. Arcodimn. KortbM«t Atl&nUc eoMt 
 aeatb to Cmp« CocL glbctatad t&oraltn* tub- 
 J«ct to vtBt«r Ictag: vsU d«vtlop*4 algaa 
 flora: bar**! bloc*. 
 
 a. rtrrtnian. Mlddla AUsntle ecMt f^^m 
 C&p* Cod to Cap* HAturM: lovt^ad atracsu. 
 eo«(t&l ojknh— ajod auddy bottomx; cha>r- 
 wstMTiMtle* 'bvumonaJ b«tvt«a 1 SAd 3: 
 blots prliBArllr tamp«rmta -vtcb soma berMU 
 r»pr***at«tlT«a. 
 
 3. Carolinian. toMth Atlftatle eoMt. from 
 Cap« SftttcTM to Cap* Ctojasdy: trtanatT* 
 manhm iLBd nnunpr. vstan turbid ftad 
 produettv*; biota t«mp«r»e« wttb imriTnl 
 tropical •iamant*. 
 
 4. Wtst Jndian. Soutb Florida ooMt from 
 Cjipa Kana»d7 to Cadjf K*y: lAd Cvtbb««a 
 jsiAfidt; sbAralaAd lov^lyi&f Ua«ataa«: 
 caacaraous aaAtia. aarla aad coral raata; 
 eoMtal Bumhas aad xnAngroTaa: troplcai 
 biota. 
 
 5. LouiHanian. Korthtm OoU ef Uatleo. 
 tiom Cadar Xay to VCazleo: cAaraetartstiea 
 at 3, -with oofflponaau of 4: itronfJx influ- 
 aaoad by tarrtgtnoua racton; blsu primarily 
 teaparata. 
 
 S. OaUfonUaik. Bonth Paoifle eoaat from 
 Uacloo to C«pa Uandoelao^ ahoralaad laflu- 
 aocad by eoa4tal mountaiTia; rock^ ooMta 
 vitb radnead traab-vatar rusoff; fa*nd 
 abaanc* of manbaa sod swamps: bloca 
 tamparata. 
 
 7. Ootumbian, Hort^ Faelfie ceaat from 
 Capa Uaniinrino to Canafla; mouatalnaoua 
 aboraUnd: roctj ooaata; artaojlra aicia com- 
 m imltl aa ; btota prtmarUy tamparata vitb 
 aoma boraal. 
 
 t. fiorda. Seatb eoaat AlaaJca and Aian- 
 ttaaa: praetpttous mooatalsx; daap aatuanaa, 
 seme wlt&, gtaoan; s&oralliM baarUy ta- 
 
 aaeta4 aad •ab)aet to wlatar Utar. k^W 
 boraal to cub-Aradc 
 
 a. Xwborotta. Wacs and aortb aoarts et 
 Alaaka; lea nsaaaad eoaata; biota Arctic aa4 
 
 fab-Arette. 
 
 10. /naiUcr. Larror Udaeda, semattSMa wtt^ 
 pradpltoos aaouataXaa: «so«tdarabU wa*a 
 aotioo: fr*<raaacly wna aadamla apoatas: 
 Urgar IsUad groapa prlzD*rfly wttJi ttrylrat 
 
 blOCA. 
 
 11. Ortt lAktt. Oraat Z^akaa of ICorth 
 Amartea; blufl-duaa or iDoky. ghaelatad 
 sboraUaa: Itmltad vaUaada; ITaaA-vatar oaiy: 
 bloea a mixtura e€ boraal %aA taaiparata 
 ■paclaa «1t£i aaadromeua fpaclo* aod aoaa 
 martaa lavBdara. 
 
 (b) Various srib-categorles wlH be de- 
 reloped and utilized as appropriate. 
 
 1921.5 Muldplooae. 
 
 (a) While the primary purpose of es- 
 tuarlne sanctuaries is to provide long- 
 term protection for natural areas so that 
 they may be used for-sdenUfle and edu- 
 cational purposes, multtpla use of estu- 
 arlne sanctuaries wlU be ancoura^ed to 
 the extent that such use U compatible 
 with this primary sanctuary p^lrpo*e. 
 The capacity of a given sanctuary to ac- 
 commodate additional uses, and the 
 kinds and Intensity of such use. will be 
 determined on a case by case basis. While 
 It Is anticipated that compatible uses 
 
 'may generally include activities such as 
 low intensity recreation, fishing; hunt- 
 ing, and wildlife obserratloo. It is rec- 
 ognized that the exclusive use of an area 
 'for scientific or educational purposes 
 may provide the optimum benefit to 
 coastal zone management and resource 
 use and may on occaslop be neceasary. 
 
 (b) There shall be no effort to Mlanrr 
 or optimize uses of an estuarlne sanctu- 
 ary on economic or other basea All addi- 
 tional uses of the sanctuary are clearly 
 secondary to the primary purpose and 
 uses, which are long-term maintenance 
 of the ecosystem for scientifie and educa- 
 tional uses. Non-compatible uses. In rl ud- 
 ing those uses which would cause sig- 
 nificant short or long-term ecological 
 change or would otherwise detract from 
 or restrict the use of the sanctuary as 
 a natural field laboratory, will be pro- 
 hibited. 
 
 I 921.6 Relatiooakip to otbar proviaioBa 
 of the act and to marina aaactaariaa. 
 
 (a) The estuarlne sanctuary program 
 must Interact with the overall coastal 
 aone ma nagement pr o gram in two ways: 
 (1) the Intended r esea rch usa of the 
 sanctuary should provide relevant data 
 and conclusions of asalstsoce to fo^^ttl 
 xone management decision-making, smd 
 (3) when developed, the SUte's coastal 
 sane management program mtut recog- 
 nize and be designed to protect the estu- 
 arlne sanctuary: appropriate land and 
 water use regulations and planning con- 
 siderations must apply to adjacent lands. 
 Although estuarlne sanctuaries ahovld 
 be Incorporated Into the SUte coastal 
 zone management program, their desig- 
 nation need not atvmit the development 
 and approval of the management pro- 
 gram where operation of the estuarlne 
 sanctuary would aid in the development 
 of a program. 
 
 (b) Hm astuarlna sanctuaries program 
 wUl ba ocndi^tsd In eloae cooperation 
 with tha rp*n^^ sanctuaries program 
 (T^tle nz of tha Uarlna Protectioa. Re- 
 aaareh Act of 1973. Puh. L. »3-533, which 
 la also administarad by tha Office 'of 
 Coastal Zona Uanagement. NOAA), 
 which recocnises that certain areas of 
 tha ocean waUra, as far seaward as the 
 outer edge of the Continental Shelf, or 
 other coastal waters whers the tide ebbs 
 and flows, or of tha Qreat Lakes and 
 their connecting waters, need to ba pre- 
 served or restored for thalr conservation. 
 recreational, ecologlc or esthetic values. 
 It Is anticipated that tha Secretary on 
 occasion may establish marine saxictu- 
 arles to complement the dedgnatlon by 
 States of estuarlne sanctuaries, where 
 this may be mutually benefletaL 
 
 Subpart B— Application for Grants 
 
 § 921.10 CatMraL 
 
 Section 313 authorizes Federal grants 
 to coastal States so that the States may 
 establish sanctuaries accordls^ to regu- 
 lations promulgated by the Secretary. 
 Coastal States -may file applications for 
 grants with the Director. Office of Coastal 
 Zone Mansgement, National Oceanic and 
 Atmospheric Administration. VJEL De- 
 partment of Commerce. RockvlUe. Mary- 
 land 30823. That agency which has been 
 certified to the Office of Coastal Zone 
 Management as the entity responsible 
 for administration of the State coastal 
 zone management program may either 
 submit an application directly, or must 
 endorse and approve applications sub- 
 mitted by other agencies within the 
 SUte. 
 
 8 921.11 AppHcation for Initial aeqaiaU 
 tioR, development and operation 
 granta. 
 
 (a) Orants may be atrarded on a 
 matching basis to cover the costs of 
 acqxilsltlon. development and operation 
 of escuarlne sanctuaries. States may use 
 donations of land or money to satisfy all 
 or part of the matching cost require- 
 ments. 
 
 (b> In general. lands acgiiired pur- 
 fsant to this section. Including State 
 owned lands but not State owned sub- 
 merged lands or bay bottoms, that occur 
 within tha proposed sanctuary boundary 
 are legitimate costs and their fair market 
 value may be Included as match. How-' 
 ever, the value of lands donated to or by 
 tha State for Inclusion in the sanctuary 
 may only be used to match other costs 
 of Land acquisition. In the event that 
 lands already exist in a protected status, 
 their value cannot be used as match for 
 sanctuary development and operation 
 grants, which wUl require their own 
 matching funds. 
 
 (c) Development and operation costs 
 mjky Include the administrative expenses 
 necessary to monitor the sanctuary, to 
 ensure Its continued viability and to pro- 
 tect the Integrity of the ecosystem. Re- 
 search will not normally be funded by 
 Section 313 grants. It Is anticipated that 
 other sources of Federal. State and 
 
 m)OAl tsciSTU. VOC 3f. NO. tas_ruisnAV. jums s. lars 
 
19926 
 
 lUin AND t£OUUT]ONS 
 
 priTftte fuzids vffl b« avallAble for re- 
 ae«xch in estu&riiw iMuaetaa.rla«, 
 
 (d) Inltlftl AppUeatlocj ahould conUin 
 tht foUowlsc Inforattlon: 
 
 (1) Descrlptloa of Uie propoced x«ne- 
 toarr iBdnde locatloo. bound&rle«, si3a 
 and cost of fesqnlaitlon, operation and de- 
 velopment. A map should b« Included, m 
 well u an aeilal photograph. If available. 
 
 (3) ClaAslflcatton of the propoeed 
 tanetuary according to the biogeocraphie 
 aehcme set forth Is i 931.4. 
 
 (3> Descxlptloa of the major phTslcal. 
 f eofraphle and biological characteristics 
 and resources of the proposed sanctuar7< 
 
 (4) Identification of ownership pat- 
 terns: proportion of land already In the 
 public domain. 
 
 (5) Description of Intended research 
 uses, potential research organizations or 
 agencies and benefits to the overall 
 coastal zone management program. 
 
 (8) Demonstration of necessary au- 
 thority to acquire or cdntrol and manage 
 the sanctuary. 
 
 (7) Description of proposed manage- 
 ment techniques, Indudlxig the manage- 
 ment agency, principles and proposed 
 budget Including both State and Federal 
 •hares. 
 
 (8) Description of existing and poten- 
 tial uses of and eonfilcts within the area 
 tf It were not declared an estuarine sanc- 
 tuary: potential use. use restrictions and 
 eonfilcts If the sanctuary is established. 
 
 (1) Assessment of the environmental 
 and socio-economic Impacts of declaring 
 the area an estuarine sanctuary, includ- 
 ing the economic Impact of such a desig- 
 nation on the surrounding community 
 and its ta:s base. 
 
 (9) Description of planned or antici- 
 pated land and water use and controls 
 for contiguous lands surrounding the 
 proposed sanctuary (including if appro- 
 priate an analysis of the desirability of 
 creating a marine sanctuary In adjacent 
 areas). 
 
 (10) List of protected sites, either 
 within the estuarine sazictuarles program 
 or within other Federal, State or private 
 programs, which are located In the same 
 regional or biogeographic classification. 
 
 (D It iB essential Uaat the opportunity 
 be provided for public involvement and 
 input in the development of the sanctu- 
 ary proposal and application. Where the 
 application Is controversial or where 
 eontroversial Issuts are addressed, the 
 State should provide adequate means to 
 tfisure that all Interested parties have 
 the opportunity to present their views, 
 nils may be in the form of an adequately 
 advertised public hearing. 
 
 (11) During the development of an 
 estuarine sanctuary application, all land- 
 owners within the proposed boundaries 
 •hould be Informed In writing of the pro- 
 posed grant application. 
 
 (UD "Hie application should Indicate 
 the manner In which the State solicited 
 the views of all Interested parties prior 
 to the actual submission of the appli- 
 cation. 
 
 (e) In order to develop a truly repre- 
 sentative acheme of estuarine sanctu- 
 
 aries, tha States should attempt to coor- 
 dinate their activities. This will help to 
 mtnimtan tbs possibility of aimilar estu- 
 arine types being proposed for designa- 
 tion In the same region. The application 
 ahD t i l d Indicate the extent to which 
 neighboring Statse were consulted. 
 
 (f) Discussion. Including cost and 
 feasibility, of altemaUve methods for 
 acquisition, eontxoi and protection of the 
 area to provide 'irni}*r uses. Use of the 
 Marine Sanctuary authority and funds 
 from the Land and Water Conservation 
 Fund Act should be specifically ad- 
 dressed. 
 
 I 921.12 AppUcatiQa for aubft^quent je> 
 vclopm«n< and operation (ranlf. 
 
 (a) Although the Initial grant appU- 
 eatlon for creation of an estuarine sanc- 
 tuary should Include Initial development ' 
 aiul operation costs, subsequent appli- 
 cations may be submitted following ac- 
 quisition and establishment of an estua- 
 rine sanctuary for additional develop- 
 ment and operation funds. As Indicated 
 in I 931.11. these costs may Include ad- 
 ministrative costa necessary to monitor" 
 the sanctuary and to protect the integ-. 
 rlty of the ecosystem. Extensive manage- 
 ment programs, capital expenses, or re- 
 search win not normally be funded bjr 
 section 312 grants. 
 
 (b) After the creation of an estuarine 
 •anctuaiy established under this pn>- 
 
 • gram, applications for such development 
 and operation grants should include at 
 least the following information: 
 
 (1) Identification of the boundary. 
 
 (2) Specifications of the management 
 program, including managing agency and 
 techniques. 
 
 (3) Detailed budget. 
 
 (4) Disciission of recent and projected 
 use of the sanctuary. 
 
 (5) Perceived threats to the Integrity 
 of the sanctuary. 
 
 § 921.13 FedmUr ovued Und*. 
 
 (a) Where Federally owned lands are 
 a part of or adjacent to the area pn>- 
 posed for designation as an estuarine 
 sanctuary, or where the control of land 
 and water uses on such lands Is neces- 
 sary to protect the natural sj'stem within 
 the sanctuary, the State should contact 
 the Federal agency maintaining control 
 of the land to request coopersuon in pro- 
 viding coordinated management policies. 
 Such lands and State request, and the 
 Federal agency response, should be Iden- 
 tified and conveyed to the Office of 
 Coastal Zone Management. 
 
 (b) Where such proposed use or con- 
 trol of Federally owned lands would not 
 eonfiict with the Federal use of their 
 lands, such cooperation and coordination 
 la encotiraged to the maximtun extent 
 feasible. 
 
 (e) Section 312 grants m^y not be 
 awarded to Federal agencies for creation 
 of estuarine sanctiiarles in Federally 
 owned lands: however, a similar status 
 may be provided on a voluntary basis for 
 Federally owned lands under the prox*!- 
 i lon s of the Federal Committee on Eco- 
 logical Preserves program. 
 
 I 921.20 CriteHa for saloetien. 
 
 AppUcatlocs for grants to establish 
 
 astuaxlne sanctuaries will be reviewed 
 and Judged on criteria including: 
 
 (a) Benefit to the coastal aone man- 
 agement prograxn. Applications should 
 demoiistrate the benefit of the proposal 
 to the development or operations of the 
 overall coastal zona management pro- 
 gram, including how well the proposal 
 fits Into the natlnnal program of repre- 
 sentative estuarine types: the national 
 or regional benefits: and the usefulness 
 In research. 
 
 (b) Tht ecological characteristics of 
 the eoosystem, Inclurilng its biological 
 productivity, diversity and representa- 
 tiveness. Extent of alteration of the 
 natural system, its ability to remain a 
 viable and healthy system in view of the 
 present and possible development of ex- 
 ternal stresses. 
 
 (c) Size and choice of botindaries. To 
 the extent feasible, estuarine sanctuaries 
 should approximate a natural ecological 
 unit. The minimal acceptable size wUl 
 vary greatly and will depend on the na- 
 tun of the ecosystem. 
 
 (d) Cost. Although the Act limits the 
 Federal share of the cost for each sanc- 
 tuary to 12.000,000. it U anticipated that 
 in practice the average grant will be sub- 
 stantially less than this. 
 
 (e) Enhancement of non-competltlvt 
 uses. 
 
 (f) Proximity and access to existing 
 research facilities. 
 
 <g) Availability of suiUble alternative 
 sites already protected which might be 
 capable of providing the same use or 
 benefit. Unnecessary duplication of ex- 
 isting activities under other programs 
 should be avoided. However, estuarine 
 sanctuaries might be established adja- 
 cent to existing preserved lands where 
 mutual enhancement or benefit of each 
 might occur. 
 
 (h) Confiict with existing or potential 
 competing uses. 
 
 (1) Compatibility with existing or pro- 
 posed la.*id and water use in contiguous 
 areas. 
 
 If the initial review demonstrates the 
 feasibility of the application, an environ- 
 mental impact statement wlU be pre- 
 pared by the Office of Coastal Zone Man- 
 agement in accordance with the National 
 Environmental Policy Act of 1869 and 
 Implementing CEQ guidelines. 
 
 S 921.21 Public partkfpatlon. 
 
 Public participation will be an essen- 
 tial factor in the selection of estuarine 
 sanctuaries. In addition to the participa- 
 tion (telng the application development 
 process <|931.11(e)>, public participa- 
 tion will be ensured at the Federal level 
 by the NEPA process and by public hear- 
 ings where desirable subsequent to NEPA. 
 Such public hearings shall be held by the 
 Office of Coastal Zone Management in 
 the area to be affected by the proposed 
 sancruary no sooner than 30 days after It 
 issues a draft environmental impact 
 
 rtonAL UaiSm, vol. 39, no. IOS — njfSOAT, JUNI 4. t«74 
 
RULES AND IECUUT10NS 
 
 1992*; 
 
 tt&tement on the sanctuary proposal. Zt 
 iriil be the responsibility of the Office of 
 Coastal Zone Managezneuv, with the as- 
 sistance of the applicant State, to Issue 
 a4dequat< public notice of Its Intention 
 to hold a public hearing. Such public no- 
 tice shall be distributed widely, espe- 
 cially In the area of the proposed sanc- 
 tuary: affected property owners and 
 those agencies, organizations or Individ- 
 uals with an Identified interest In the 
 area, or estuarlne sanctuary program 
 shall be notified of the public hearing. 
 The public notice shall contain the 
 name, address and phone ntunber of the 
 appropriate Federal and State offlcials to 
 contact for additional information about 
 the proposal. 
 
 Subpart O— Operation 
 
 i 921.30 C«ncnL 
 
 Management of estuarlne sanctuaries* 
 shall be the responsibility of the appli- 
 cant State or its agent. However, the 
 research uses and management program 
 must be in conformance with these 
 guidelines and regulations, and others 
 implemented by the provisions of indi- 
 vidual grants. It Is suggested that prior 
 to the grant award, representatives of 
 the proposed sanctuary management 
 team and the Office of Coastal Zone 2£an- 
 agement meet to discuss management 
 policy and standards. It Is anticipated 
 that the grant provisions wUI vary with 
 indlTldual circumstances and will be 
 mutually agreed to by the applicant and 
 
 the granting agency. As a wi«n<nintT^ the 
 grant document for each sanctuary 
 shall: 
 
 <a) Define the intended research pur- 
 poses of the estuarlne sanctuary. 
 
 (b) Dellne permitted, compatible, re- 
 stricted and prohibited uses of the sanc- 
 tuary. 
 
 <c) Include a provision for monitoring 
 the uses of the sanctuary, to ensure com- 
 pliance with the Intended uses. 
 
 (d)' Ensure ready access to land use 
 of the sanctuary by scientists, students 
 and the general public u desirable and 
 permissible for coordinated research and 
 education uses, as well as for other com- 
 patible purposes. 
 
 (e) Ensure public availability and rea- 
 sonable distribution of research resxilts 
 for timely use In the development of 
 coastal zone management programs. 
 
 (f) Provide a basis for annual review 
 of the status of the sanctuary. Its value 
 to the coastal zone program. 
 
 (g) Specify how the Integrity of the 
 system which the sanctiiary represents 
 win be maintained. 
 
 (h) Provide adequate authority and 
 Intent to enforce management policy and 
 use restrictions. 
 
 MRCtaary 
 policy or 
 
 i 921.31 Oiaage* In th« 
 boundary, vunacrment 
 rr*«arch profram. 
 
 . (a) The approved sanctuary boundar- 
 ies: management policy, Including per- 
 missible and prohibited uses: and re- 
 
 search program may only be changed 
 after public notice and the opportunity 
 of public review and participation such 
 as outlined in 1921.21. 
 
 (b> Individuals or organizations which 
 are concerned about possible Improper 
 use or restriction of use of estuanne 
 sanctuaries may petition the State man- 
 agement agency and the Office of Coastal 
 Zone Management directly for review of 
 the management program. 
 
 S 921.32 Pragram rc^ew. 
 
 It is anticipated that reports will be 
 required from the applicant State on a 
 regular basis, no more frequently than 
 annually, on the status of each estuarine 
 sanctuary. The estuarlne sanctuary 
 program will be regiUariy reviewed to 
 easxire that the objectives of the program 
 are being met azid that the program it- 
 self is scientifically sound. T%e key to 
 the success of the estuarlne sanctuaries 
 program is to assure that the results of 
 the studies and research conducted in 
 these sanctuaries are avsdlable In a 
 timely fashion so that the States can 
 develop and administer land and water 
 tise programs for the coastal zone. Ac- 
 cordingly, all Information and reports. 
 Including annual reports, relating to 
 estuarlne sanctuaries shall be part of 
 the public record and available at all 
 times for Inspection by the public, 
 im Doc.T+-i3TTS nitd 5-'JI-74:»:3T aca] 
 
 KDMAt IfCiSTU. VOU 3«. NO. lOS— TUtSOAr. JUNI 4, 1*74 
 
APPENDIX II 
 Estuarine Sanctuary Research Program 
 
STATE OF 
 WASHINGTON 
 
 Dixy Lee Ray 
 Governor 
 
 DEPARTMENT OF ECOLOGY 
 
 Mail Stop PV-11 206/753-2800 
 
 Olympia, Washington 98504 
 
 October 8, 1979 
 
 MEMORANDUM 
 
 TO: Mr. Wilbur G. Hallauer, Director 
 Department of Ecology 
 
 FROM: Ralph Larson, Chairman-P.B.E.S. Steering Committee 
 -Director of Department of Game 
 Dr. C. J. Flora, Co-Chairman-P.B.E.S. Research Sub-Committee 
 -Director, Western Washington University, Sundquist 
 Marine Studies Laboratory 
 Dr. Carl Nyblade, Co-Chairman-P.B.E.S. Research Sub-Committee 
 -Researcher, University of Washington-Friday Harbor Marine 
 Laboratory 
 
 SUBJECT: The Proposed P.B.E.S. Final-Approved Research Program 
 Report October 4, 1979 
 
 Enclosed is the final report for the proposed Padilla Bay Estuarine 
 Sanctuary Research program. The report was approved and adopted 
 by the P.B.E.S. Technical Connnittee on September 14, 1979, and approved 
 by the Steering Committee on October 4, 1979. 
 
 RL:CJF:CN:s 
 enclosure 
 
Padilla Bay Estuarine Sanctuary 
 
 Research Program Report 
 
 Final Draft 
 
 Section I. IhfTRODUCTION 
 
 An estuary is that part of a river or stream having an unimpaired connec- 
 tion with the open sea where the seawater is measurably diluted with 
 freshwater derived from land drainage. Historically, Padilla Bay was a 
 true estuary, part of the large Skagit River Delta. However, the bay is 
 no longer connected to the Skagit River system and at present has only 
 minor freshwater inflow from land drainage. Today Padilla Bay is more 
 properly considered a large marine bay. As such, it is without question 
 a prime area for a sanctuary, set aside to provide scientists and students 
 the opportunity to examine over a period of time the ecological relation- 
 ships within the area. Although some measurable human disturbance such 
 as channel maintenance dredging and diking land reclamation has occurred 
 to Padilla Bay and continues, the bay as a natural ecosystem largely 
 remains intact and in a natural state. 
 
 The natural ecological unit definition of Padilla Bay would be all the 
 waters enclosed east of a line from the west end of Samish Island to 
 March Point, perhaps with the exception of deep water areas (greater 
 than 18 fathoms) between March Point and Hat Island, and the associated 
 wetlands including the sloughs. In order to optimally manage the Padilla 
 Bay estuarine sanctuary and to protect its integrity, the management 
 boundary should follow the natural ecological unit. However, the manage- 
 
ment boundary need not necessarily be identical to the land acquisition 
 boundary. 
 
Section II. LONG-TERM RESEARCH PROGRAM 
 
 II-A. Historical Research Summary 
 
 Table I presents a listing of all recent research programs known to 
 have taken place in Padilla Bay. Although this is a fairly long 
 list it is clear that only the marine birds have received long-term 
 quantitative study. Mammals, fish, and the marine benthos have 
 received only short-term quantitative study, while the epibenthos, 
 plankton, and associated wetland benthos have received no study at 
 all. Especially noteworthy is the absence of productivity studies, 
 energy flow studies, food web syntheses, or any attempt to treat 
 the Padilla Bay ecosystem as an integrated whole. 
 
 Beyond these biotic studies, little or no work has been done on the 
 abiotic Padilla Bay system (beach-bay sediment studies, geomor- 
 phology, physical and chemical oceanography of bay waters) and on 
 the human impacts on or perturbation of the bay (dredging for 
 channel maintenance; harvest of birds, fish, and shellfish; municipal 
 and industrial water pollution; agricultural runoff pollution). 
 
 In spite of major gaps in the existing data base for Padilla Bay, 
 it is clear that the bay is a highly productive area which supports 
 a diverse and complex community of organisms. Table II presents a 
 partial listing of this community with special emphasis on the 
 variety of species of importance to man. 
 
Table I. Historical Research Programs in Padilla Bay 
 
 Type of Sampling Agency (s) 
 
 Date(s) Investigator 
 
 Sulfite Waste Fish & Wildlife Ser. 1946 
 (water quality) WDF 
 
 Saxton-Young 
 
 Industrial Waste Pollution Control 
 (water quality) Commission 
 
 1957 
 
 Al Neale 
 
 Oyster Pollution Control 
 
 (water quality) Commission 
 
 1952 
 
 Al Neale 
 
 Oyster WDF 
 
 (water quality) 
 
 1950 
 
 Orlob-Neale-Lindsay 
 
 Eelgrass WDG/Funded by Fish 
 
 & Wildlife Serv. 
 Intertidal Benthos WWU Huxley College 
 Subtidal-Eelgrass WWU Huxley College 
 Benthos 
 
 1971-1975 Bob Jeffrey 
 
 1974-75, 1979 Webber-Smith 
 1976 Webber-Smith 
 
 Beach Seine (fish) WWU Huxley College 1974-75 Webber-Smith 
 
 Marine Birds 
 
 WDG + funded by 
 U.S. FW Service 
 
 1965-79 Jeffrey-Parker 
 
Marine Birds 
 
 John Graham Co, 
 Funded by ACOE 
 
 1977-78 
 
 Peters-Richter 
 
 Marine Birds 
 
 U.W. funded by EPA 
 thru NOAA (MESA) 
 
 1978-79 
 
 Manuwal-Wahl 
 
 Marine Mammals 
 
 NMFS funded by NOAA 
 (MESA) 
 
 1977-79 
 
 Robert Everitt 
 
 Land Use/Land 
 Cover 
 
 WDG funded by OCZM 
 thru DOE 
 
 1978 
 
 Rick Albright 
 
 Drift Sectors 
 
 John Norman Assoc 
 funded thru DOE 
 
 1977 
 
 John Norman 
 
 Inventory of com- WWU Huxley College 
 
 pilation of Biota WDF, WDG 
 
 (Data) 
 
 1976 
 
 Edited by Jeffrey 
 
 Inventory of com- WDF 
 pilation of Biota 
 (Data) 
 
 1977 
 
 Sweenev 
 
Table II. Padilla Bay Flora and Fauna (Partial List) 
 
 Organism 
 
 Number 
 of Species 
 
 Peak 
 Population 
 
 Comments 
 
 Marine Mammals 
 harbor seals 
 
 77 
 
 Haulout area for S'lOX of 
 total North Puget Sound 
 population. 
 
 Birds 
 
 great blue heron 
 glaucus-winged gulls 
 
 110+ 
 
 bald eagle 
 merlin 
 
 peregrine falcon 
 dabbling ducks 44% widgeon 
 3X pintail 
 
 14% mallard 
 
 11% green-winged teal 
 
 100-200 pairs Samish Is. rookery 
 500 pairs nesting colony on 
 
 Swinomish Slough dredge 
 spoil islands. 
 4 active nests 
 high number 
 in winter 
 36,000+ 
 
 diving ducks 
 
 scaup 
 
 brant 
 
 20,000+ 
 10,000+ 
 50,000+ 
 
 In April perhaps a third 
 of the entire Pacific 
 flyway brant are on the bay. 
 
II-6. Research Program Proposal 
 
 As set forth in Section 315 of the Coastal Zone Management Act 
 estuarine sanctuaries are "to serve as natural field laboratories 
 in which to study and gather data on the natural and human processes 
 occurring within the estuaries of the coastal zone." While long- 
 term protection of Padilla Bay alone, allowing others to conduct 
 studies, would satisfy in a narrow sense this primary sanctuary goal, 
 the Research Program Subcommittee recooanends that the sanctuary 
 management plan include a detailed long-term research program. To 
 facilitate development of this plan we propose the following plan 
 in outline form: 
 
 I. Natural Processes 
 
 A. Biotic 
 
 1. Ecosystem Structure 
 
 a. Marine Mammals 
 
 (1) Harbor seals ( Phoca vitulina richardsi ) ; continue 
 1977-79 Everitt et al population monitoring 
 by shore based and/or aerial censusing; deter- 
 mine diet by analysis of fecal material. 
 
Fish 
 
 pink salmon 
 chum salmon 
 coho salmon 
 Chinook salmon 
 English sole 
 starry flounder 
 surf smelt 
 herring 
 
 13+ 
 
 nursery 
 
 area 
 migration route 
 through the hay 
 
 nursery area 
 
 Benthic Invertebrates 
 cockle 
 
 native little neck clam 
 eastern soft shell clam 
 red rock crab 
 Dungeness crab 
 
 103+ 
 
 432 X 10" 
 31 X 10 harvested shellfish 
 1,200 X 10^ 
 
 Benthic Plants 
 eelgrass 
 
 9+ 
 
 0.5 X 10 tons 
 
b. Marine Birds 
 
 (1) Continue marine bird censusing format of 
 Manuwal-Wahl 1978-1979. 
 
 (2) Species specific studies to document life 
 history, behavior, diet, sources of mortality, 
 ecosystem role of: brant, great blue 
 
 heron, peregrine falcon, bald eagle, 
 glaucus-winged gull, double-crested cormorant. 
 
 (3) Determine community role of shore birds; 
 dabbling ducks, diving ducks, brant, 
 gulls, heron, and raptors. 
 
 c. Fish 
 
 (1) Salmonids - species and their river of 
 
 origin; distribution and abundance (including 
 year to year variation) within the bay by 
 area, habitat, depth; residence time; 
 diet; growth rate; mortality rate and 
 causes. 
 
(2) Noa-salnonids: continue and expand on 
 beach seine censusing (Webber & Smith, 
 1974-75), and census by tow net, trammel 
 net, and trawl to determine seasonal and 
 year to year distribution and abundance of 
 fish populations. 
 
 d. Epibenthos 
 
 (1) Large: using trawls determine seasonal and 
 year to year distribution and abundance. 
 
 (2) Small: using an epibenthic pump determine 
 seasonal and year to year distribution and 
 abundance. 
 
 e. Benthos 
 
 (1) Marsh: using standard DOE sampling method- 
 ology, determine seasonal and year to year 
 distribution and abundance. 
 
 (2) Intertidal: continue Webber-Smith sampling 
 (1974-75, 1979) and add more sites to 
 determine seasonal and year to year dis- 
 tribution and abundance using DOE standard 
 methodology. 
 
(3) Subtidal: using Smith (1976) airlift 
 
 methodology determine seasonal and year to 
 year distribution and abundance. 
 
 f. Plankton 
 
 (1) Document seasonal and year to year dis- 
 tribution and abundance of ichthyoplankton, 
 benthic larval forms, holo zooplankton, 
 phytoplankton, and nannoplankton. 
 
 2. Ecosystem Function 
 
 a. Energy flow 
 
 (1) Primary production of phytoplankton, 
 benthic macro- and microalgae, eelgrass, 
 and marsh grasses. 
 
 (2) Detrital imports into system. 
 
 (3) Secondary and tertiary production - Padilla 
 Bay food web. 
 
 (4) Exports from bay. 
 
b. Roll of top carnivores (keystone species) in 
 maintenance of coomunity structure. Determine 
 by inclusion and exclusion caging studies. 
 
 B. Abiotic 
 
 1. Water 
 
 a. Water chemistry 
 
 b. Freshwater (annual) budget 
 
 c. Circulation within bay: surface and subsurface 
 
 d. Exchange - flushing rate 
 
 2. Sediment 
 
 a. Types and distribution 
 
 b. Source 
 
 c. Transport 
 
 d. Shoreforms 
 
II. Human Processes: Eavironmental and Economic Effects of the Following 
 Should be Determined. 
 
 A. Water Pollution 
 
 1. Agricultural runoff -fertilizer, pesticides, and herbicides, 
 
 2. Municipal storm and sanitary sewer outflow, if any. 
 
 3. Chronic low-level discharge of crude and refined oil from 
 refinery operations, if any. 
 
 B. Shore and Bay Bottom Modification 
 
 1. Diking and draining of associated wetlands for agricul- 
 tural usage. 
 
 2. Swinomish Slough Channel maintenance by dredging and 
 dredge spoil disposal. 
 
 3. Log rafting. 
 
 C. Animal Harvesting 
 
 1. Waterfowl hunting 
 
 / 
 
 / 
 / 
 
 / 
 
2. Fishing for salmon and bottom fish 
 
 3. Crab fishing ( Cancer magister ) 
 
 4. Eastern soft shell clam ( Mya arenaria ) 
 
 5. Native littleneck clam ( Protothaca staminea ) 
 
 6. Aquaculture: oyster 
 
 0. Nonconsumptive Recreational Uses: boating, beach walking, 
 bird watching, etc. 
 
 It is clear that a research program of this magnitude could 
 not be funded by a single agency or at a single time. It is 
 essential, therefore, that the major duty of the Padilla Bay 
 Estuarine Sanctuary director should be implementation and 
 coordination of the research program. The following list 
 would be a starting point for support of the research program. 
 
 List of Potential and Committed Research Organizations 
 and Research Funding Sources 
 
 National Marine Fisheries Service 
 U.S. Fish & Wildlife Service 
 National Science Foundation 
 
Amy Corps of Engineers 
 
 National Oceanographic & Atmospheric Administration 
 
 University of Washington 
 
 Western Washington University 
 
 Huxley College of Environmental Studies 
 
 Washington State Department of Game 
 
 Washington State Department of Fisheries 
 
 Washington State Department of Ecology 
 
 City of Anacortes 
 
 Shell and Texaco Oil Refineries 
 
Section III. COMPATIBLE/NONCOMPATIBLE USES 
 
 The primary purpose of estuarine sanctuaries is the long-tern maintenance 
 of ecosystems for scientific and educational uses. However, the Coastal 
 Zone Management Act states that " multiple use of estuarine sanctuaries 
 will be encouraged to the extent that such use is compatible with the 
 primary sanctuary purpose." It is clear that long-term protection does 
 not mean the exclusion of all human activities. However, it is equally 
 clear that any activity destructive to the Padilla Bay natural ecosystem 
 is noncompatible and must be prohibited. 
 
 Instead of a specific list of permitted and prohibited uses, we propose 
 the following guidelines: 
 
 1. All current human uses of the Padilla Bay Estuarine Sanctuary 
 management area should be allowed to continue until such time 
 as a management authority determines that a given activity is 
 destructive to the sanctuary based on site specific scientific 
 data. 
 
 2. Any new activity proposed in the management area should require 
 an environmental assessment based on scientific data and 
 sanctuary management approval prior to being allowed. 
 
 In this manner it is hoped that the public sector will enjoy maximum 
 multiple use benefit from the sanctuary while at the same time deriving 
 the scientific and educational benefits from an estuary preserved forever. 
 
Section IV. RESEARCH FACILITIES 
 
 The Padilla Bay area is blessed by the presence of two excellent marine 
 laboratories: Western Washington University's Sundquist Marine Studies 
 Laboratory and the University of Washington's Friday Harbor Laboratories 
 Between them they provide admirable facilities for a wide range of 
 marine reserach and would be able to provide adequate support facilities 
 for the research program. If an interpretive center is built on the 
 bay, it would be convenient if it had some support capacity for field 
 studies: small boat launching ramp; limited, secure storage area; 
 showers. 
 
APPENDIX III 
 Estuarine Sanctuary Educational Program 
 
STATE OF 
 WASHINGTON 
 
 Dixy Lei Ray 
 Governor 
 
 DEPARTMENT OF ECOLOGY 
 
 Mail Stop PV-11 
 
 Olympia, W2ahington 98504 
 
 206/753-2800 
 
 October 8, 1979 
 
 MEMORANDUM 
 
 TO: Mr. Wilbur G. Hallauer, Director 
 Department of Ecology 
 
 FROM: Ralph Larson, Chairman-P.B.E.S. Steering Committee 
 
 -Director of Department of Game 
 Dr. James M. Ford, P.B.E.S. Co-Chairman Education 
 
 Sub-Committee-President, Skagit Valley College 
 David A. Kennedy, P.B.E.S. Co-Chairman Education 
 
 Sub-Committee-Supervisor, Science and Environmental 
 
 Education Programs-State Superintendent of Public 
 
 Instruction 
 
 SUBJECT: The Proposed P.B.E.S. Final-Approved Education Program 
 Report-October 4, 1979 
 
 Enclosed is the final report for the proposed Padilla Bay Estuarine 
 Sanctuary Education program. The report was approved and adopted 
 by the P.B.E.S. Technical Committee on September 14, 1979, and 
 approved by the Steering Committee on October 4, 1979. 
 
 RL:JF:DAK:s 
 enclosure 
 
PADILLA S4r ESTUAEINE SANCTUARY 
 EDUCATION PLAN 
 SEPTEMBER 1979 
 
 Prepared by.. . 
 
 WASHINGTON SUPERINTENDENT OF 
 
 PUBLIC INSTRUCTION 
 
 DAVID KENNEDY^ PRINCIPAL INVESTIGATOR 
 
 Contributors. . . 
 
 FAYETTE KRAUSE 
 SALLY VAN NEIL 
 DR. JAMES FORD 
 TONY ANGELL 
 
 ANDREA MARRETT 
 
 NATURE CONSERVANCY 
 
 WASHINGTON ENVIRONMENTAL COUNCIL 
 
 SKAGIT VALLEY COLLEGE 
 
 OFFICE OF THE SUPERINTENDENT OF 
 
 PUBLIC INSTRUCTION 
 PACIFIC SCIENCE CENTER 
 
TABLE OF CONTENTS 
 
 Introduction 
 
 
 ii 
 
 The Four 
 
 Systems 
 
 ii 
 
 A, 
 
 GOVERNANCE 
 
 1 
 
 
 1. 
 
 Objective 
 
 1 
 
 
 2. 
 
 Authority 
 
 2 
 
 
 3. 
 
 Philosophy 
 
 3 
 
 
 4, 
 
 Management Plan 
 
 3 
 
 
 5. 
 
 Points of Interaction 
 
 4 
 
 
 6, 
 
 Advisory Activities 
 
 4 
 
 
 7. 
 
 Interpretive Center 
 
 4 
 
 
 8, 
 
 Budget 
 
 6 
 
 
 9, 
 
 Evaluation 
 
 6 
 
 B, 
 
 SUBSTANTIVE 
 
 G 
 
 
 1. 
 
 What is to he learned 
 
 6 
 
 
 2. 
 
 Hou that learning can occur 
 
 9 
 
 
 3, 
 
 Audience 
 
 11 
 
 C, 
 
 DEVELOPMENT 
 
 11 
 
 
 Narrative 
 
 11 
 
 
 Flow 
 
 ' Diagram 
 
 12 
 
 D. 
 
 DELIVERY 
 
 11 
 
 
 1. 
 
 Levels 
 
 11 
 
 
 2. 
 
 Stages of Institutionalization 
 
 13 
 
 
 3. 
 
 Delivery Concerns 
 
 13 
 
 
 4. 
 
 Areas of Planning 
 
 14 
 
 - ^ - . 
 
INTRODUCTION 
 
 A component of education takes place where the learner is able 
 to experience the environment or topic being studied in an interactive 
 way. Our experience and knowledge of educational practice based on 
 i^esearch indicates that learning about natural resources y conservation^ 
 scientific^ social and technological topics cannot be limited to 
 verbal discourse. Many of the physical activities associated with 
 those learnings must be accomplished beyond the walls of the home or 
 classroom. This kind of education demands that educators extend 
 learning experiences into the community. 
 
 We are fortunate to have the potential of the proposed Padilla 
 Bay Estuarine Sanctuary as a learning resource for both formal 
 education programs that are conducted by colleges, community colleges , 
 imiversities and the common schools, and for nonformal interpretive or 
 public , information/ educational opportunities that are the responsibility 
 cf resource management agencies. 
 
 With the opportunity of utilizing the Padilla Bay environment as 
 a learning resource, the achievement in some measure of the following 
 four goals is our intent: 
 
 1. An accurate and comprehensive grounding in 
 how the estuarine environment works 
 
 Z. Experience in valuing environmental quality 
 
 3. Ea:perience in how personal choices and actions 
 affect environmental quality 
 
 4. Experience in methods of enacting community 
 responsibility 
 
 THE FOUR SYSTEMS 
 
 This plan consists of four major systems; The Governance System 
 is' composed of decision-making structures which legitimize activities 
 and govern them. The Substantive System is composed of the content 
 and process- of learning and deals with the definition of what is 
 learned and how it is learned. The Development System is a cycliOj 
 sequential approach to the construction and testing of necessary 
 program materials and instructional strategies for both formal and 
 nonformal education endeavors. The Delivery System provides a 
 thoughtful analysis of the requirements and strategies essential 
 to the long term operation and support of the proposed Padilla Bay 
 Education Program. 
 
 - tt - 
 
PADILLA BAI ESTUARWE SANCTUARY 
 EDUCATION PLAN 
 
 THE GOVERNANCE SYSTEM 
 
 G~l) Objective 
 
 Develop an awareness of the importcmce of the estuarine 
 resoia*oe and its concomitant values as they relate to 
 the environment J and to the economic and sociological 
 health of the region and the .state. 
 
 G^Z) Authority 
 
 No single piece of legislation serves to provide compre- 
 hensive legal authority for educational programs dealing 
 with the environment. Yet, public policy is full of 
 citations which mandate or enable educational programs 
 as a component of their charge. Those few which are 
 cited here provide significant direction and influence 
 in the establishment and operation of endeavors related 
 to education about the estuarine environment: 
 
 — Each school district must make Environmental 
 Education available in the secondary program. 
 
 Washington Administrative Code 
 
 180-56-026 
 
 High School Graduation Requirements 
 
 — As a result of the process of education, all 
 students should appreciate the wonders of the 
 natural world, human achievements and failures, 
 dreams and capabilities. 
 
 Washington State Board of Education 
 Goals for the Washington Common Schools 
 
 — The Washington State Shorelines Management Act 
 of 1971 
 
 — The Washington State Ejwiro>vncntal R^lt\rj A.'t 
 of 1971 
 
 — The Federal Coastal Zone Management Act of 1972, 
 PL 92-583 
 
 — National Environmental Education Act of 1970, 
 PL 92-516, amended by PL 93-278 
 
 - 1 - 
 
— National Sea Gi'ont College and Program Act of 
 1966^ PL d9'688j PL 89-454 
 
 — National Sea Grant Irnprovement Act of 197 6 j 
 PL 94-461 
 
 — Marine Marnnal Protection Act of 1972 
 
 — Special Projects Act, Title IV, Sections 405 
 and 406 of the Education Amendments of 1974, 
 PL 93-380 
 
 — Refuse Act (Rivers and Harbors Act) of 1899 
 
 — The Act of August 25, 1916, PL 64-235 Enabling 
 Environmental Study Areas 
 
 — Marine Protection, Research and Sanctuaries 
 Act of 1972 
 
 — Fish and Game Sanctuary Act of 1916 
 
 — National Foundation on the Arts and Humanities 
 Act of 1965, PL 89-209 
 
 — National Science Foundation Act of 1950, PL 
 81-507 
 
 — Federal Water Pollution Control Act of 1956, 
 PL 92-500, and Amendments of 1961 
 
 — Water Quality Act of 1966 and Amendments of 
 1972 
 
 — Land and Water Conservation Fund Act of 1965 
 
 — National Environmental Policy Act of 1969 
 
 — The Wilderness Act of 1964 
 
 — The Endangered Species Preservation Act of 1973 
 
 — The Resolution of the 1972 Stockholm Conference 
 cm the Hwxm Environment 
 
 — The Resolutions of the 1975 Kyoto Conference on 
 the Human Environment 
 
 — Resolutions of the V, N. Conference on Water at 
 Mar del Plata, Argentina 1977 
 
 — Resolutions of the U. N. Conference on 
 Environmental Education at Tiblisi, Russia, in 
 1977 
 
 - 2 - 
 
0^3) Philosophy 
 
 Assist learners and the general public to understand 
 that the fundamental goal is management of the estuarine 
 ecosystem at the level of best ecosystem function^ which 
 usually means as near to the natural condition as possible. 
 To paraphrase Aldo Leopold's Sand County Almanac: 
 
 Quit thinking about use of estuaries as solely 
 an economic problem. Examine each question in terms 
 of what is ethically and -aesthetically right as well 
 as what is economically expedient. A thing is right 
 when it tends to preserve the integrity, stability, 
 and beauty of the biotic (estuarine) community. It 
 is wrong when it tends otherwise. 
 
 G~4) Management Plan 
 
 TASK 
 
 Year 1 
 Quarter 
 12 3 4 
 
 Year 2 
 Qjarter 
 12 3 4 
 
 Year 3 
 Quarter 
 12 3 4 
 
 Year 4 
 Quarter 
 12 3 4 
 
 Appoint Advisors to 18 
 Month Terms 
 
 X 
 
 X 
 
 X 
 
 X 
 
 Advisors Meet 
 
 X X X X 
 
 XXX 
 
 X X 
 
 X XX 
 
 Select S Hire 
 Educational Manager 
 
 X 
 
 
 
 
 Inventory Site 
 
 X X X X 
 
 
 
 
 Plan for Programs 
 
 X 
 
 
 
 
 Plan for Facilities 
 
 X 
 
 
 
 
 Contact Schools & Colleges 
 
 X 
 
 
 
 
 Develop Program Materials 
 
 X — 
 
 -^ 
 
 
 
 Field Test Educational 
 Program Materials 
 
 
 X 
 
 > 
 
 
 Construct Facilities 
 
 
 X > 
 
 
 
 Develop Trail System 
 
 
 X > 
 
 
 
 Conduct Teacher Workshops 
 
 
 X 
 
 
 -> 
 
 Deliver Educational Programs 
 and Services 
 
 
 X— 
 
 , 
 
 ■)■ 
 
 Apply for NESA Status 
 
 
 
 X 
 
 
 Apply for ELC Status 
 
 
 
 X 
 
 
 Develop Formal Evaluation 
 Program 
 
 X 
 
 
 
 
 - 3 - 
 
G-S) Points of interaction with all parties 
 
 Cooperation among the various kinds of groups , as 
 indicated by the fotlouing diagram, is an essential 
 facet of this plan. The state agency mccnaging the 
 physical facility will have the responsibility for the 
 coordination of interrelating components within and 
 among the participating groups. Education programs 
 will be managed by the Washington Superintendent of 
 Public Instruction's Office of Environmental Education, 
 Northwest Section. 
 
 Cooperative activities will be accomplished between 
 and among these groups in support of the overall goal 
 of developing and operating effective education programs 
 treating the importance of the estuarine resource. 
 
 G~6 Advisory Activities 
 
 An advisory group will be established to provide counsel 
 regarding all components of educational program 
 activities on and related to the site. 
 
 The Steering Committee will have the responsibility of 
 appointing personnel representing, but not limited to, 
 the following generic categories : 
 
 — Colleges and Universities 
 
 — Community Colleges 
 
 — Citizen Conservation Groups 
 
 — Business and Industry 
 
 — State Government Resources Management Agencies 
 
 — Federal Government Resources Management Agencies 
 
 — Local School Districts 
 
 — State Superintendent of Public Instruction 
 
 — Local Citizens Organizations 
 
 0-7 Interpretive Center 
 
 A physical facility is required to provide offices, 
 group meeting space, shelter, equipment storage, 
 aquaria, display, sanitation, and work space for 
 education, interpretation, and research functions. 
 This facility should be planned to function in a most 
 flexible multipurpose fashion. In addition, a system 
 of trails and access sites will be developed. 
 
 - 4 ' 
 

 
 
 c6^*^^'^^^i 
 
 
 / 
 \ 
 
 
 
 
 
 
 / 
 
 \ 
 
 \ 
 
 
 
 
 . 5 - 
 
G^8) Budget 
 
 Year 1 
 
 lear 2 
 
 Year 3 
 
 Year 4 
 
 Personnel 
 
 
 
 
 
 Education Manager 
 & $22,000 
 
 $16, 500 
 
 $22, 000 
 
 $22,000 
 
 $22, 000 
 
 Clerical & 12,000 
 
 9,000 
 
 12, 000 
 
 12,000 
 
 12, 000 
 
 Interpretive & 18,000 
 
 4,500 
 
 18, 000 
 
 18, 000 
 
 18,000 
 
 Program Development 
 
 10,000 
 
 30, 000 
 
 5,000 
 
 
 
 In terpre ti ve/Disp lay 
 
 
 
 5,000 
 
 5,000 
 
 5,000 
 
 Facilities & Trails 
 
 
 
 250,000 
 
 
 
 
 
 Equipment 
 
 
 
 40, 000 
 
 10, 000 
 
 
 
 Inservice Education 
 
 
 
 5,000 
 
 10, 000 
 
 5,000 
 
 Travel 
 
 4,000 
 
 5,000 
 
 5,000 
 
 3,000 
 
 0-9) Evaluation 
 
 This governance level assesses the appropriateness and 
 effectiveness of program delivery in regard to: 
 
 1. The adninistration of the education program 
 
 2, The curriculum and program materials 
 
 3. The effectiveness of instruction/interpretation 
 
 4, The outcomes of education from the point of 
 view of the learner 
 
 Evaluation is particularly a concern at the administration 
 level where the major question is whether or not the 
 strategies developed to delivery learning opportunities 
 are effective. This necessitates that criteria he 
 developed to determine the adequacy of the curriculum 
 and instruction. The basic question at the learner 
 level is whether student learning objectives are achieved. 
 
 A comprehensive program will be developed to assess all 
 these aspects of the estuarine sanctuary education program. 
 
 THE SUBSTANTIVE SYSTEM 
 
 S~'l) Identifying what is to be learned 
 
 Help Individuals and Croups Understand: 
 
 1. The fundamentals of an estuary environment 
 A, The earth 's environment constitutes a 
 complex-interrelated, interactive life 
 support system called the ecosphere 
 
 B, The ecosphere is a dynamic constantly 
 changing macro system. , . a mosaic of 
 ecosystems 
 
 C. An estuary is an ecosystem 
 
 - 5 - 
 
D, Each estuc'vy (ecosystem) is composed of 
 three groups of components: 1) physical 
 factors (suns energy j otimatej water^ etc); 
 
 2) Living organisms, including humans; and 
 
 3) interactions among and/or between living 
 and nonliving components (competition, 
 decomposition, energy flow, etc. ) 
 
 E, An estuary and all its subsystems undergo 
 continuous change 
 
 F, The energy and materials necessary for life 
 are components 'of an estuary 
 
 (7. Each estuary includes a nurriber of species 
 populations, the size and stability of which 
 vary, depending on the biotic and abiotic 
 changes within the system 
 
 Help Individuals and (Groups Understand: 
 
 2. Humans as components of an estuarine environment 
 
 A, Humans use estuaries to satisfy basic needs 
 and desires 
 
 B, Humans affect estuaries by their special 
 type of ecological dominance, exerting 
 major kinds of influences on the estuarine 
 ecosystem 
 
 C, Estuaries affect humans as arenas where 
 human perception and activity take place 
 
 D, Complex interactions among hwrnns and other 
 estuarine components occur continuously 
 
 E, Humans have a responsibility to produce mi 
 ethic of accountability for human impacts 
 on estuaries 
 
 Help Individuals and Groups Understand, Develop and Supports 
 
 3. Methods for harmonizing human activities with 
 estuary ecosystem processes to achieve environ- 
 mental quality 
 
 A, The methods by which human activities are 
 harmonized with estuarine ecosystem 
 processes are complex and not always 
 predictab le 
 
 B, Institutions, processes and attitudes for 
 implementing investigative, prevr.yitativc, 
 remedial and creative actions that will 
 harmonize human activities with estuarine 
 ecosystem processes are: 
 
 - 7 - 
 
2. Educational 
 
 2, heligiouSj Aesthetic, Ethical & 
 
 Moral 
 
 2. Scientific and Technological 
 
 4, Civic and Social 
 
 5, Governmental and Political 
 
 6, Indu3t7>ial and Commercial 
 
 C. Harmonize human activities with estuary 
 ecosystem processes by adjusting perceived 
 imbalances J identifying and addressing problems, 
 and utilizing opportunities through institU" 
 tions and individuals, 
 
 1, Investigating ecosystem processes 
 and components, with emphasis on the 
 results of human activities on 
 estuaries and the influence of 
 estuaries on human functioning 
 
 2. Recognizing the importance of 
 ecosystem processes and the 
 significance of estuary changes 
 
 2. Identifying the causes of estuarine 
 changes and their consequences 
 
 4. Arranging alternative action 
 strategies that would maintain 
 and enhance beneficial estuarine 
 changes and would stop or reduce 
 detrimental changes, with a special 
 attention to irreversible/irretriev- 
 able changes, and to long range vs. 
 short range commitments of resources 
 
 5. Analyzing and evaluating alternatives 
 within a broad array of environmental, 
 social' and- economic criteria, recogniz- 
 ing that criteria and values will differ 
 according to the circumstances of 
 politics, scale, time, and society 
 
 6, Selecting among alternatives and 
 adopting a policy 
 
 7, Choosing and implementing actions to 
 carry out policy 
 
 5. Monitoring and evaluating the effects 
 of implemented policies and actions 
 
 D, Increasing the scientific knowledge of eoosi'stcm 
 processes related to estuaries; increase citizen 
 awareness of ecosystem dysfunctions 
 
 - 5 - 
 
S-2J Idantifying how that lecaming ocm occur 
 
 A Teaching/Learning Model 
 
 In -tiie process of developing plans of this type, a 
 good deal of discussion and research has taken place on 
 the nature of teaching and learning. From this, an 
 outline was developed which can be. used for assessing 
 the usefulness of learning activities on the basis of 
 whether they stimulated learning and/or enhanced teaching. 
 It is a simple, practical guide for aiding in assessing 
 the activities selected for introducing ecosystem/ estuary 
 concepts into learning programs. 
 
 Start with the definition of learning: 
 Learning is change of perception 
 Which stimulates skill-building 
 To effect responsible action 
 
 Nest we search for contexts within which perceptions are 
 explored/ stretched; skills development is invited and; 
 responsibility and action is encouraged. The latter two 
 requirements are very much dependent on the first, so for 
 our present purposes, we *ll focus mostly on content 
 acquisition and perception. We will see, however, that 
 learning evolves along those dimensions. Thus, once 
 perceptions are changed, skills and action will follow, 
 if there is opportunity . 
 
 Back to perception. We very often have our perceptions 
 jarred when we "fool around with data". Our model for 
 teaching /learning will focus on something we like to 
 call "data Dealin^", There are three levels in the Data 
 Dealin* process: Diggin* (information gathering) ; Dancin' 
 (mucking about with information); Decidin' (going beyond 
 understanding to transfer, and application to a new 
 sector of life). 
 
 Since education is a two-way street, we also recognize there 
 are two processes important to Data Dealin ' in the classroom:, 
 Teachering (providing opportunity) and Studenting (levels 
 of understanding) . 
 
 Teachering is managing resources, settings, spaces, 
 materials, time, media and information so that studenting 
 occurs , 
 
 Studentifig is engaging in situations where pe2'captio}is are 
 important, Studenting exercises old skills, builds new 
 ones and initiates personally motivated actions. Studenting 
 is an interdependent progression of awareness, exploration 
 and extensionl It recycles; an "old" extension leads to a 
 "new" awareness. 
 
 Now let's look at how teachering and studenting fit into 
 Data Dealin', For simplicity, we have put it into chart 
 form. 
 
 - P - 
 
TSACHERING 
 (Opyortunitu} 
 
 DATA DEALIN' 
 LEVELS OF 
 
 INVOLVEMENT 
 
 STUDENTING 
 (Unders tending ) 
 
 EXPOSURE 
 
 Creating opportimities 
 for students to be 
 exposed to and gather 
 data. 
 
 Data Diggin ' 
 
 Sauroes: Books ^ newspapers ^ 
 filmSj other media, people, 
 self, memory, parks, mountains, 
 estuaries, schools, other 
 places, eta,, etc. 
 
 Gathering processes: Taking 
 pictures, interviews, measuring, 
 counting, imagining, remembering, 
 personal visits, etc. 
 
 Expressions: Essays, graphs, 
 miwals, photography, mobiles, 
 poems, plays, body movement, 
 drawings, bumper stickers, 
 T-shirts, etc. 
 
 AWARENESS 
 
 Developing an 
 awareness by simply 
 data gathering, 
 absorbing and 
 expressing. 
 
 EXPERIENCE 
 
 Providing the oppor- 
 tunity for studenting; 
 for the mucking with 
 information and 
 challenging it to 
 become meaningful; for 
 experiencing. 
 
 Data Dancin ' 
 
 Data structuring, organizing, 
 displaying, extrapolating, 
 comparing, analyzing, synthesizing, 
 stiructure destroying, impeaching, 
 force fitting, randomizing, 
 debating, etc. 
 
 EXPLORATION 
 
 Exploration of the 
 data. 
 
 INVITATION 
 
 Inviting growth, change 
 and action; applying 
 the Data Dealin' to a 
 new sector of the home, 
 school, neighborhood, 
 state, universe; 
 recycling ,the new data 
 by following the Data 
 Dealin ' process again 
 with the same activity; 
 Data Diggin* Deeper. 
 
 Data Deoidin ' 
 
 Extension through action based 
 on personal motivation, according 
 to what the data has told you or 
 going beyond the data to the 
 infinitive places. This is an 
 unpredictable process which 
 requires ownership and the 
 responsibility to live with the 
 consequences . 
 
 - 10 - 
 
 EXTENSION 
 
 Extension; data 
 decision doing. 
 
S-3 Define the education audiences 
 
 a. Students from Kindergarten through Grade 12 
 in both Public and Private Education 
 
 b. Teachers 
 
 c. College J Community College j and University Students 
 
 d. General Public 
 
 e. Special Interest Groups 
 
 THE DEVELOPMENT SYSTEM 
 
 P2K>gram materials will be developed which support the achievement of 
 the previously stated substantive objectives. . The systematic approach 
 we will use to develop these essential materials is outlined on the 
 following page. This basic procedure has been used successfully by the 
 Office of the Superintendent of Public Instruction in numerous projects j 
 and we consider it thoroughly research-tested and optimally effective. 
 
 THE DELIVERY SYSTEM 
 
 The emphasis of the Delivery System addresses three discreet needs which 
 will require a comprehensive program of services: 
 
 1, There is a need for the general public to be aware of 
 and understand ecosystem/ estunrine problems and issues 
 in order to participate as citizens in making 
 decisions which affect their daily lives 
 
 2, There is a need for educators to be aware of the 
 learning resource at Padilla Bay in order to design 
 program materials and select resources for use in 
 teaching about estuaries on site and in classrooms 
 
 3, There is a need for facilitating changes in post 
 secondary education^ public and private schools, 
 school systems 3 and the education programs of 
 agencies that lead to the adaption or design of 
 effective ecosystem/estuarine programs and curriculum 
 that achieve §1 and if 2 above 
 
 The Delivery System is based on relationships between 1) the various 
 delivery levels being served (external agencies , community , and 
 institutions) t 2) the stages of institutionalization (mobilization 
 irriplementationj and institutionalization) and 3) delivery conceims 
 (ooalsj program requirements j barriers, strategies, and resoui'ces), 
 
 1, Deliver!/ Leve Is — indicate the entire system of influences 
 ayid control in which this estuarine education program exist. 
 This subsystem is divided into three major categories: 
 A, External Agencies: The federal government. 
 Superintendent of Public Instruction, state 
 resources management agencies, universities , 
 or colleges. In this role, these agencies may 
 not be a part of the implementing institution. 
 
 - 11 - 
 
DESIGN 
 
 
 
 WRITE GOALS 
 
 
 
 
 
 
 
 STATE OB JECl IVES 
 
 
 
 
 
 
 PLAN STRATEGIES 
 
 
 
 
 PROI 
 
 DUCE 
 
 
 ACQUIRE MATERIALS 
 
 
 
 
 
 
 
 DEVELOP LEARNING 
 EXPERIENCES 
 
 
 
 
 
 
 
 PLAN EVALUATION 
 ACTIVITIES 
 
 
 
 
 TE 
 
 ST 
 
 1 
 
 
 FIFl n TEST 
 
 
 
 
 
 
 
 ASSESS 
 EFFECTIVENESS 
 
 
 
 
 
 
 IMPROVE 
 
 
 
 
 
 ^ PROC 
 
 1 
 
 3RAM ^^ 
 
 N 
 
 
 
 THE DEVELOPMENT SYSTEM 
 
 a. Define problems and needs 
 
 b. Identify and analyze target audience 
 
 c. Write a broad statement about the 
 general purpose of this education pro> 
 gram 
 
 d. Formulate objectives and performance 
 standards 
 
 e. Determine teaching methods, strate* 
 gies and materials 
 
 f. Develop preferred and alternative strat« 
 egies that will best accomplish objec* 
 tives 
 
 < 
 
 <I 
 
 g. Select, construct, develop or assemble 
 instructional materials 
 
 h. Organize the content, method and for* 
 
 mat of instruction 
 i. Design learning experiences and activ* 
 
 ities 
 
 j. Construct evaluation scheme to meas- 
 ure if instructional program achieves 
 stated objectives 
 
 k. Try out all activities and materials and 
 evaluate to determine how well the in- 
 structional program worked 
 
 L Locate substandard components 
 m. Determine relationships between re- 
 sults, methods, objectives and goals 
 
 n. Accomplish revisions if any are sug- 
 gested by interpretation of results 
 
 OK? 
 
 YES 
 
 -^i2- 
 
 Moomfcu noM ymc imthucimimm, DcvuofMtNT msimm vnntt 
 
but provide various types of support inoluding 
 conceptual' guidance 3 technical assistance, moral 
 support 3 assessment or evaluation, and funding, 
 
 B, Community: This is the soia*ce of many educational 
 needs and demands and often the source of political, 
 financial and moral support to new programs. 
 
 C, Institution: Includes intermediate agencies (the 
 college, ESD or school district) the school site, 
 the classroom, the Pddilla Bay Estuarine Sanctuary, 
 and the learner experience. It is this level 
 which largely determines goals, policies, program 
 requirements and financial arrangements that guide 
 delivery in terms of instruction and program 
 management . 
 
 2. Stages of Institutionalization — Indicate that an infusion 
 of an ecosystem/estuarine program into a school's, college's 
 or agencie's curricula occurs in three phases: 
 
 A. Mobilization, which determines what the program 
 is and how it will be fit into the existing 
 curriculum, 
 
 B. Imp lementation, which determines how the program 
 will be carried out. 
 
 C. Institutionalization, which determines how the 
 program will be maintained or continued. 
 
 An effective delivery system must address itself to each of these 
 stages or phases in order to control for , and achieve the, 
 desired program outcomes and to ensure their continuation. 
 
 2. Delivery concerns — indicate the major issues which an 
 effective delivery system must examine and specify for each 
 of the delivery levels (A), and (B) stages of institutionalization. 
 These major delivery concerns include: 
 
 A, The specification of goals and objectives- for 
 learning or operations 
 
 B, The specification of program requirements necessary 
 to achieve those objectives 
 
 C, An identification of the barriers, obstacles, 
 constraints or resistances that may prevent or 
 inhibit the satisfaction of the objectives 
 
 D, The specification of reality - oriented delivery 
 strategies that will be used to overcome (modify, 
 eliminate) the barriers 
 
 E, The identification of outside support/assistance 
 needed to enable or facilitate the achievement of 
 the program objectives 
 
 - J3 - 
 
It is important to note here that as the plan develops, we 
 are actually creating the inherent evaluation system necessary 
 to assess a successful delivery system design. This 
 evaluation is an ongoing set of activities which go beyond 
 planning and which interrelate with all the plan components. 
 This type of evaluation-building becomes especially evident as 
 we create a framework for planning and design by addressing 
 the following areas of planning. . 
 
 4. Areas of Planning for Curriculum Delivery — indicate the 
 planning levels and delivery concerns (within each level) 
 that must be considered for curriculum delivery design 
 and planning. 
 
 A. Administration: This planning level involves key 
 change agents or "gatekeepers, " such as district 
 superintendents, resource agency managers, school 
 principals, deans, department heads, project 
 coordinators, and administrative project or 
 program teams. This level influences or has 
 control over resource allocation, school and 
 program policies, educational objectives, 
 obtaining required approvals, allocating support 
 funds, and ensuring numbers and types of personnel 
 available to a project or program. 
 
 B. Curriculum: This planning level is concerned with 
 what is to be taught, and what materials and other 
 resources are needed, to ensure a holistic, 
 integrated basis for instruction (refer to S-1 — 
 What is to be learned) . Of major importance here 
 are certain key aspects of curricula that address: 
 
 — Issues of priority, in 
 
 — Settings of educational effectiveness, with 
 
 —Topic and process oriented content. 
 
 C. Instruction: It is at the teacher, interpretive, 
 
 or instructional level that new content or processes 
 gets transmitted to students. The Substantive 
 Dimension of this plan (S-l, S-2) presents the 
 kinds of concerns that dan be addressed by teachers. 
 These instructional concerns include the following: 
 
 — How curriculum content is organized and 
 sequenced; 
 
 —How materials and resources are gathered; 
 
 — Teaching methodologies; and 
 
 — Activities or arrangements to maintain the 
 integrity of the ciwriculum content. 
 
 D. Evaluation: Refer to C^7 (page 4) for explanatory 
 narrative. 
 
 - 14 - 
 
APPENDIX IV 
 
 Estuarine Sanctuary Recreational Program 
 
STATE OF 
 WASHINGTON 
 
 Dixy Lee Ray 
 Governor 
 
 DEPARTMENT OF ECOLOGY 
 
 Mail Stop PVll 
 
 Otympia, Washington 9SS04 
 
 206/753-2800 
 
 October 8, 1979 
 
 MEMORANDUM 
 
 TO: Mr. Wilbur G. Hallauer, Director 
 Department of Ecology 
 
 FROM: Ralph Larson, Giairman-P.B.E.S. Steering Committee 
 -Director of Department of Game 
 
 John Stone, Co-Chairman-P.B.E.S. Recreation Sub- 
 Committee-President, Washington State Sportsman 
 Council 
 
 Bill Bush, Co-Chairman-P.B.E.S. Recreation Sub-Committee 
 -Chief, Research and Long Range Planning, State Parks 
 Commission 
 
 SUBJECT: The Proposed P.B.E.S. Final-Approved Recreation Program 
 Report-October 4, 1979 
 
 Enclosed is the final report for the proposed Padilla Bay Estuarine 
 Sanctuary Recreation program. The report was approved and adopted 
 by the P.B.E.S. Technical Committee on September 14, 1979, and approved 
 by the Steering Committee on October 4, 1979. 
 
 RL:JS:BB:s 
 enclosure 
 
INTRODUCTION 
 
 Historically, Padilla Bay's geography and physiographic setting have defined 
 its recreational use both in terms of kinds of recreational use and use inten- 
 sity. Access constrained both by substantial steep bank shorelines and 
 extensive exposed tidal flats at low tide periods is the major limiting recrea- 
 tion use factor and is primarily responsible for the bay's present intactness. 
 The bay's location at the gateway to the San Juan Islands has also contributed 
 to its preservation due to focusing recreationists away from the area. 
 
 I NVENTORY - EXISTING AND POTENTIAL SITES 
 
 Skagit County Planning Department's 1979 access and visual assessment des- 
 cribes existing and potential recreation sites. 
 
 There are limited opportunities for public use of Padilla Bau shorelines ^ with 
 the exception of March Point and Bayview State Park, Saddlebag Island is 
 inaccessible to the majority of people. Expanded public use of the shoreline, 
 especiallu on the mainland, would be a desirable component of estuar'yf develor-- 
 ment plans. ^ 
 
 -1- 
 
SHORELINE DESCRIPTION 
 
 There is a great deal of variety in Padilla Bay shorelines. This variety is an 
 important element in the overall visual quality of the bay shorelines^ in terms 
 of both high and low visual amenities . 
 
 The shorelines of Padilla Bay all show the influences of human use. The 
 cedar post seawall along the mainland north and south of Joe Leary Slough 
 and the refineries at March Point are proof of long- standing and on-going 
 human activity around the bay. The refineries especially are visible from 
 throughout the bay, and together with the east-bound span over the Swinomish 
 Channel they represent the most intrusive cultural elements on the bay. 
 
 Sojnish Island and Bayview Ridge are glacial till uplands, rising directly up 
 from the tidelands. At some points the bluffs on Samish Island rise to 100 
 feet or more, while Bayview Ridge rises between 20 and 40 feet up from the 
 beach to Bayviev-Edison Road. About one mile north of Bayview State Park, 
 the bluffs give way to a permanent beach berm and a large, marshy backshors 
 as Bayview Ridge angles away from the shoreline and ends in the Samish River 
 floodplain. From this point to Samish Island, the mainland is flat, nearly 
 at sea level, and is protected from tidal inundation by a dike and cedar 
 post seawall. Landward views extend to Chuckanut Mountain and other coastal 
 foothills and beyond to the Cascades. 
 
 The south shore, from Indian Slough to the west side of Swinomish Channel is 
 heavily modified by human activity. The sloughs and shoreline are diked, there 
 are a number of artifically formed sand islands, and both Highway 20 and the 
 Anacortes rail spur lie close to the high tide line. Continuing east along the 
 shoreline, the mudflats and inter-tidal area in front of the sloughs -gives way 
 to a rocky beach and a high wooded bank along the east side of March Point. The 
 refineries are not apparent until reaching the north end of the beach, where the 
 bank is low and unvegetated. 
 
 -2- 
 
VIEWPOINTS 
 
 It is a oorrmon practice in visual assessment studies to establish a frameuovk 
 in the environment from which the landscape is viewed. Typically a baseline is 
 identified and the landscape is divided into foreground^ midground and hack- 
 grounds with each of these areas containing elements of the environment which 
 are assessed for their contribution to scenic quality. For example^ a baseline 
 could be a highway that bisects a study areaj with foreground, midground and 
 background determined in relation to the highway. 
 
 However, this framework does not apply well to viewpoint analysis. The viewpoint 
 itself becomes the baseline, and foreground, midgound and background assume 
 different values, depending on location. Looking seaward from the viewpoints 
 located around Padilla Bay, no land lies nearer than I 1/2 miles to the viewer 
 (March Point to Hat Island). Thus the foreground either becomes the viewpoint 
 itself, or is extended past a point of high visual clarity. Therefore, rather 
 than using a baseline, foreground, midground, background framework, each view- 
 point will be assessed according to the degree of vision it allows; the kind 
 of land and water forms present; the diversity of landscape elements; and the 
 degree of unity or intactness among the different landscape elements. Six 
 viewpoints are described below: 
 
 North end of March Point 
 
 - 
 
 March Point is a popular and traditional recreation site, and is heavily used 
 in summer months by vacationers who park their trailers and campers along the 
 road right-of-way , 
 
 The dominant view is to the north, with Hat Island, 1 1/2 miles away, controlling 
 the "viewshed" and acting as a reference point for the more distant views of the 
 mainland, Samish Island and beyond. The north view is across the deep water 
 portions of the bay and gives the illusion of deep water to the mainland shore- 
 line. Much of the "naturalness" of the view is prescribed by oil tanker piers 
 and the city of Anacortes to the west, and by intensive, industrial use of the 
 March Point uplands. 
 
 -3- 
 
Lianmi Island, rising abruptly over the western edge of Samish Island, and the 
 Chuakanut Mountains are visible, forming a backdrop that is highlighted by 
 Mount Baker, due east. On clear days, the view of Baker acts as a scenic 
 "anchor" like Hat Island, by directing and holding the viewer's attention. 
 Views of the mainland shoreline from Indian Slough to Samish Island are 
 indistinct, and provide no contrast except for a generalized distinction 
 between the Bayview uplands and the Samish River floodplain. 
 
 With respect to Mount Baker, the mainland shoreline functions as a "layer" of 
 topography adding to the "frame" that underlies the mountain. On clear days, 
 the snow-capped Canadian Cascades are visible 60-70 miles to the north. 
 
 At the North Entrance to Swinomish Chuinnel 
 
 Of the six viewpoints selected for analysis, this is the least desirable from 
 the standpoint of visual diversity and clarity. The view is contained by March 
 Point and the mainland for some three miles, and although the view extends 
 eight miles to Samish Island, the net effect is not expansive. Instead the 
 viewer's attention is drawn to the Swinomish Channel entrance at the railroad 
 bridge, and to the surrounding land lying above the tide line. Thus the viewer's 
 area of identification is much smaller than the space enclosed by the bay. The 
 potential for viewing boat traffic .on the Channel is offset by the close 
 proximity of Highway 20 and a rail line. 
 
 Bayview State Park 
 
 The view from Bayview State Park is about 180^ , looking north and south along 
 the shoreline. Most striking at this location are the oil refineries 3 1/2 
 miles across the bay on March Point. They are a detraction from the otherwise 
 rural character of the shoreline, and are not well fitted to the landscape. 
 Like the viewpoint at Swinomish Channel, there is a sense of enclosure here 
 also. Despite the long reach of the view to Guemes and Cypress Islands and 
 beyond, being at the south end of the bay tends to hold the viewer's attention 
 in that area. The sloughs and Channel to the southwest are not apparent, nor 
 are landscape details on the visible islands (Guemes, Samish, Vendovi, Lummi) to 
 the northwest. 
 
 -4- 
 
Spity South Side of Joe Leccry Slough 
 
 This is easily the most desirable of the six viewpoints. The site is an accre- 
 tion shore form and is the furthest extension of the mainland into the bay. It 
 is also miduay up the shoreline so that the views axe not trapped or directed 
 by March Point, but extend easily to the west and northwest. The viewing angle 
 is around 270 j with Whidbey and Camino Islands visible to the south, and 
 Mount Baker visible to the northeast. The Mount Baker view is an especially 
 good one; the Mountain is in full sight through a draw in the coastal foothills, 
 
 Seaward, the view has two mac or outlets: one to Guemes Channel and the other 
 to the Straits of Georgia, looking between Sanrish and Guemes Islands. From 
 this vantage, the islands appear to be layered towards the horizon, the nearer 
 ones green and well defined, the farther ones grey and indistinct, together 
 creating a strong sense of depth and relief. 
 
 Like all the viewpoints, this one too has evidence of human use, in this 
 case a cedar post seawall built early in the century to protect the coastal 
 levees from erosion. The levee and seawall do not intrude on the viewer, 
 or detract from the high quality of the viewshed. Even the refineries' 
 visual impact is subdued by the landscape variety and content offered at 
 this viewpoint, 
 
 Ben Anderson Property, off Samish Island Road 
 
 The view from this location is much like that from the spit (see above) , only 
 more expansive, Bayview Ridge is 2 - 2 1/2 miles to the south, making this 
 viewpoint the only one of the six with views to all directions . Unlike the 
 Bayview and Swinomish Channel locations, there is no sense of enclosure 
 at this site, but rather a feeling of being at the center of a landscape 
 pattern composed of mountains, farmland, islands and the ocean. The 
 visual amenities are more pleasing at this site than at the spit, however, 
 the potential for public use is not as great. 
 
 -5- 
 
West End of Samiah Island 
 
 The view from this location is alassia in the sense that the viewer is 
 above (up to 100 feet) the adjacent scenery looking doim at it. The view 
 reaches over eight miles to the Suinomish Channel, giving a strong impression 
 of the bay's size, GuemeSj Huckleberry, Saddlebag and Dot Islands are the 
 most visible landscape elements, and have a tendency to pull the viewer's 
 attention away from the less discerndble, southern part of the bay. However, 
 the viewpoint has the best overall vantage of the six sites discussed. 
 
 The following section describes existing public access and recommends the 
 inclusion of selected shoreline sites in the estuary boundaries. 
 
 PUBLIC ACCESS 
 
 The Skagit County Shoreline Access Study, March 1978, indentifies nine 
 existing and potential access points on Padilla Bay. Of these, four are 
 currently in active use: the north end of March Point, Bayview State Fork, 
 the Bayview boat launch and Saddlebag Island. The remaining five locations 
 are either redundant (there are three other accesses on. March Point) or 
 undeveloped, as is the case with the Indian Slough dike. Since publication 
 of the access study, the Inez Breazeale property (64.36 acres, 1,100 feet 
 of shoreline) has been dedicated as a wildlife sanctuary and is now open to 
 public access. The property is 900 feet north of Bayview State Park, and 
 together with the park is the only publicly owned shoreline on the mainland 
 side of the bay. 
 
 An inventory of existing access sites shows an absense of public use 
 facilities on 10,078 feet of shoreline at March Point that has been reserved 
 for public use. The only user facility is a boat launch, maintained jointly 
 by Shell Oil and the State Gome Department. The shoreline is privately owned 
 at the tip of the point, but is made available for public use again by 
 Shell Oil. This is a popular week-end vacation spot for in and out of 
 county residents who take advantage of the wide road shoulder to park 
 recreational vehicles. 
 
 -6- 
 
Ease of access is probably a major reason for the site's popularity ^ together 
 with marine activities and atmosphere, and splendid mountain views on clear 
 days. 
 
 The Washington State Forks and Recreation Commission awns Saddlebag Island 
 and has developed it for public use with picnic tables , fire pits and trash 
 barrels. The island is about 22.2 acres in size (including Dot Island) and 
 is 2 miles from the boat launch at the north end of March Point. It is an 
 ideal fairueather moorage and recreation site, though somewhat limited in 
 use because boat access is required. As an existing public use area, the 
 island should be included in the estuary, 
 
 Bayview State Park is a 23.88 acre parcel purchased for public use in six 
 parcels between 2924 and 1968, The site has camping spots available upland 
 from Bayview Edison Road, and a large area (with tables and firepits) just 
 above the high tide line. The park is a popular day-use area and the shallow 
 waters of the Bay make it ideal for youngsters and others who enjoy water 
 activities . Parking is abundant. The park is also a logical starting point 
 for beach walks to the north, though the shoreline is currently posted no 
 trespassing. 
 
 Tne Department of Game maintains a boat launch in Bayview near "B" Street. 
 There is parking for a half dozen or more vehicles and a concrete launching 
 ramp. 
 
 From this inventory, it is evident that there is a shortage of public access 
 locations on the Bay, particularly in light of its intended designation as a 
 national estuary. Therefore, a recommendation will be made to acquire addi- 
 tional access property on the mainland and to include some uplands in the 
 project. 
 
 -7- 
 
An excellent site for acquisition is the viewpoint just south of Joe Leary 
 Slough. The viewpoint is part of a 34 2/2 acre parcel that abuts the Bayvieu 
 Edison Road^ more precisely described as: 
 
 A tract of land in Lot 1, Section 29^ and Lot 4j Section 28, Township 
 
 35 North, Range 3 East of W.M,j beginning on the south line of said 
 
 Lot 2, west 2232 feet from its southeast corner; thence following 
 
 along the west side of the county road as now traveled north 2^ 23 feet 
 
 east 283 feet; thence North 26^ 40 feet east 340 feet; thence leaving 
 
 said road north 3/39 feet west, to meander line of said Lot 4, Section 28; 
 
 thence southerly following the Government meander line to the south 
 
 line of said Lot 2; thence east to the place of beginning, said tract 
 
 containing 34-39 acres or less. (See attached map) 
 
 There is a small frame cabin on the property that is evidently used during 
 duck hunting season, but is not a year around residence , The property is in 
 Agricultural Open Space, and the level portions of it are diked and cultivated. 
 As with much of the mainland coast, the dikes are protected by a wooden seawall. 
 
 The viewing quality of the site is sufficient reason to include it within 
 the estuary, but there are other, equally good reasons. It is the only 
 accretion shore form (specifically a cuspate foreland) on the mainland and is 
 near Joe Leary Slough, which itself should be considered for partial inclusion. 
 Field observation on 7/28/79 showed 20-25 Blue Herons on the site, some 
 four miles from their Samish Island rookery. Eagles can also be seen, as 
 well as abundant waterfowl in season. The site is adjacent to a county road 
 and is less than five miles from SR 20. Because Bayview State Park fulfills 
 the requirement for an active, day-use area, this site could be minimally 
 developed for viewing, nature study, beachcombing, etc. 
 
 There are other locations as well that could be considered for either physical 
 or visual access to the bay and its shorelines. 
 
 -8- 
 
A good location for visual aaaess would he on Samish Island, from a tiam-out 
 on Samish Island Roadj either near the end of the road, as indicated in the 
 viewpoint analysis map, or at a more central location on the island. Several 
 spots along the road have been cleared for viewing, however, this has been done 
 to enhance views for homeowners, not for the public. 
 
 Initial estuary boundaries include Indian Slough from its mouth to Bayview 
 Edison Road. If this becomes a final boundary, then some thought might he 
 given to a trail on top of the slough dike, allowing walking access to the 
 bay. While the views and recreational use potential are not as great at this 
 location than at others (Bayview State Park, the Spit, Samish Island), it 
 could offer an excellent nature walk in the transitional zone between the 
 mainland and the tide flats. 
 
 An additional site outside of, but within the estuary influence zone, is 
 the potential fishing access and viewpoint site at the location of the west 
 bound approach to the Highway 20 bridge draw-span over the Swinomish Channel, 
 
 COMPATIBLE RECREATION ACTIVITIES 
 
 Given the natural constraints on the number of recreation activity occasions 
 which can take place within the estuary boundaries, the scope of permissible 
 activities is judged to be reasonably broad. Some of the activities listed may 
 not be feasible within the estuary if no uplands are included but can take place 
 at the boundary on publicly owned lands. 
 
 PERMISSIBLE ACTIVITIES 
 
 Swimming Food Gathering Bicycling 
 
 Visiting Beach Walking/Hiking Hunting 
 
 Boating Camping (Boat) Jogging 
 
 Fishing Picnicking Interpretive Center 
 
 Nature Study Driving for Pleasure Photography 
 
 _Q- 
 
Recreation Activity preference surveys undertaken by Skagit County strongly 
 identify opportunities which can be satisfied by the bay. Skagit County residents 
 want coordinated programs optimizing resources at least direct cost, with 
 acquisition/conservation for the future and the development of outdoor faci- 
 lities wanted by more than 1/2 the people. High demand activities include 
 beach activities, (number 1 preference for outdoor activities) fishing, 
 camping and all forms of hiking and walking taking the first four places. 
 Preservation of saltwater beaches in their natural state attracted 68 votes 
 as a high priority program, 13 more than its nearest competitor - mountain 
 
 stream areas. Swimming and camping facilities were the two most sought after 
 
 (2) 
 additional needs. ^ ' 
 
 I NTERPRETIVE FACILITIES 
 
 Because of the bay's size and access limitations, special consideration should 
 be given to the development of interpretive facilities at a central bay location 
 with good viewpoints to other bay features. The Breazeale property is the 
 recommended location. It is recommended that the nearby Bayview State Park 
 and county owned tidelands all be incorporated with connecting links and perhaps 
 by acquisition of intervening lands to form a comprehensive interpretive 
 center base. To the extent feasible, laboratory facilities needed for onsite 
 research should also be incorporated here to optimize public impact and 
 minimize cost and inpact on the bay. 
 
 R ECREATIONAL IMPACTS ON ADJACENT LAND OWNERS 
 
 Recreational impacts can to some extent be related to proximity, volume, 
 degree of change, consumption/non-consumption. Impacts, while perhaps measurable, 
 are to a substantial degree perceptual and dependent on previous experience. 
 Numerically, impacts from the proposed recreational program are judged to be 
 minimal. As already noted elsewhere in this section, only one additional general 
 day-use site is proposed with the remaining proposals for shoreline access 
 and viewpoints. The scale of each recommended development is constrained by 
 natural conditions; will result in non-consumptive uses; will not be in close 
 proximity to densely settled areas; and bring little change to existing use. 
 Given the fact that resident owners may prefer no impact to the consequent 
 recreational impacts, the recreational impacts are considered to be of less 
 potential impact than almost any alternate estuary use would bring. Recreational 
 impacts are perceived to be largely a sharing of approximately 13,500 acres 
 
 -10- 
 
with an additional 200,000 to 300,000 activity ocassions of use, some 50% of 
 which would be expected to occur during the 100 days of sunwner. No new 
 recreational activities not already participated in are expected to be 
 generated by the creation of the sanctuary. 
 
 ^^'laken from PAPILLA BAY ESTUARY , Public Access and Visual Assessment, Skagit 
 County Planning Department, August 8, 1979. Secondary source: SKAGIT COUNTY 
 SHORELINE ACCESS STUDY , Prepared by the Skagit County Planning Department, 
 
 . .March, 1978. 
 
 ^^^ DECIDING SKAGIT COUNTY'S RECREATIONAL FUTURE , Skagit County Cooperative 
 Extension Service, From a 1976 Survey of the Residents of Skagit County. 
 
 n 
 
BADIIJ.A7'/>U V1B\/RMM15 A,\?DTl /^,jr^/v;;£cc, 
 
 'tterrE'K'T'AL Accct:- 
 
 & 
 
 
 
 /^':D'*<r laukj::!-! 
 
 _^ 
 
 -./^"rN':f M 
 
 
INTRODUCTION 
 
 One might ask v/hether this is "Just another survey," 
 or if there is something different. Indeed, we think there 
 is something quite different and significant about this 
 effort to assess what residents of Skagit County would like 
 for the future. 
 
 This survey represents an effort to build on the 
 involvement process initiated by the Skagit County Recrea- 
 tional Development Association which sought to identify 
 desirable directions for the County's recreational future. 
 We have attenipted to build a questionnaire that accurately 
 reflects the ideas obtained by the Association, and to do so 
 in language that will co.T-~unicate to most of the general 
 public, thus extending participation in the involvement 
 process. The result is a questionnaire quite unique to the 
 concerns of Skagit County. Tae hoped for result is some 
 indication of vrhere the general public stands on the many 
 issues that seem vital to determining future directions for 
 Skagit County recreational environment. 
 
 This report represents a raw siimmary of findings, and 
 is prepared as a complement to an oral discussion of the 
 major findings. We hope it will stimulate further discussion 
 and debate which will be helpful to all citizens and people 
 of the county as they work towards making Skagit County the 
 kind of place they want it to be. 
 
PRELiMIXARY SUyj'IARY OF RJESULTS 
 FROM A 1976 SURVEY OF TliE 
 RESIDENTS OF SKAGIT COUNIY * 
 
 Deciding Skagit County s 
 Recreaflons! Future 
 
 
 <«e99jQa9ia9.'^9?B3aQe«« 
 
 
 
 i :v,\ s ■ . 
 
 * • J w » '. » 
 
 WhafWould 
 You Prefer? 
 
 This survey is a 1976 effort to 
 dcUrmine recreational uc-s1rc3 o/ 
 Skvigit County residsr.cs. 
 
 r»'".is ^'siv^Qy is co-sp'jr.sored by 
 the Ski^jit Courity f^rrcrtMtional 
 Ceveli>p"eiK Association, Skagit 
 CoL»nty-'./.S.U. r.ooprj-.i cive 
 Extc-ntion Service, Ska^jit 
 County Plor.nir.q Dapirtjacnt, 
 Skc«;i: Councy Pzr'A GO'i rd, and 
 the Skagit County acird of 
 Corudissionsrs. 
 
 Th^nk you for ycur help. 
 
 Skagit County Cooperative Extension Service 
 306 Courthouse, Mount Vernon, WA. 93273 
 
 CcnSii/X^nt, Cocpziativz ExXCLtio-Lon S^Vj-^cz, ('kzilUhSton S<aXz 
 
Original Sample Size 1133 Questionnaires Completed. . .766 
 
 Inaccessible Households.... 7^ Response Rate 
 Deceased, movod out of (% of adjusted sample 
 county, "blind, disabled size) 6£;f-" 
 
 Adjusted Sample* Size lllU 
 
 A sample size of this magnitude shou3d provide reasonably 
 reliable and valid estimates of the opinions of all residents 
 of the county. Assuming that those who did not return the 
 questionnaire hold similar attitudes to those that did, answers 
 provided should vary no more than four percentage points from 
 those of the population sampled. 
 
 FINDINGS 
 Results from the survey are reported on the remaining 
 pages. To aid the reader in interpreting the results, they 
 are reported in a particular way. Specifically, questions 
 are reported in verbation form in the order they were asked. 
 Only percentages are reported. The percentag3s are in all 
 cases based upon the total number of people who answered 
 the question. That number is a maximum of 766, and varies 
 slightly below that for most questions in as much as some 
 respondents did not answer every question. 
 
Q-3 The following Is a lift of r-. tdoor Activities in which faallies and individual* 
 frequently participate. It would be helpful for us to know in which of the 
 following activities your lousehold would participate if facilities were avail- 
 able. Please indicate thr< -< of the following activities which would be most 
 laportant to your househol'l. 
 
 2 1. Easketball 
 
 2. Beach activities (crab, claa o** 
 oyster gathering., beach coaJsing 
 Ig or scuta diving) 
 •y 3. Bicycling 
 
 4. Beating (pov/er boating, sailing, 
 6 canoeing, or kcyaking) 
 11 5. CAcping (overnight) 
 
 6. Field sports, (baseball, tadninton, 
 soccer, football, croquet, or track 
 
 3 and field. 
 
 la 7. Pishing (fresh water or saltwater) 
 
 3 8. Coifing 
 — 9. Hiking (backpacking, nature hikes, 
 10 or walkir^ for pleasure) 
 3 10. Horseback riding 
 I 11. Horseshoes 
 
 ' 12. Motor activities or sports (auto 
 
 racing, auto ralll2S,nctcrbl.;ir.g, 
 or four wheel drive) 
 13. Outdoor swirjilng 
 lU. Picnicking or diy canping 
 
 15. Shooting (rifle or arcnery, : 
 target or trap) / 
 
 16. Snow related activities (s/.ling, 
 sledding, and snow mobllirg) 
 
 17. Tennis 
 
 •QJJ TT^ere has been nrach discussion about preserving certain areas in their natural 
 state. If Skagit County residents desire areas be developed only enough to 
 accoDodate recreational use, which areas should receive, a HIGH priority, a 
 MEDIUM priority, a IflW Priority or "Orffi at all? 
 
 High Kedlur Lew None 
 
 1 Saltwater beaches °° J^ ^^ 5 
 
 ? Mountain streaa areas y^ ^^ ^3 7 
 
 rj Panoramic vlei areas ^g -g ^2 4 
 
 i Freshwater shore areas g ^ 28 12 
 
 5 Open space near co=nuiiities 2o 3Z 
 
Q-7 Would ,ou Plea,. U.t t^e two .pcciric .ctivltl„ that ,.ar ho«=c.-.=:d v-u ' 
 «o.t m. t, „. d.v.lop.<. .ither vlth «l<lltlo«l f.ci:ni., or approprUte 
 programs . 
 
 Archery 
 
 Autoraelng 
 
 BacX Packing 
 
 Badminton 
 
 fiasec^ll 
 
 BvsJcetball 
 
 Beachccfflbing 
 
 Bicycling 
 
 Bird watching 
 
 Bowling 
 
 CajEcping 
 
 Canoeing k Kayaking 
 
 Cards 
 
 Chess, Board Cases 
 
 Crab, Clan Gathering 
 
 Croquet 
 
 Dancing 
 
 Z^y Caaping 
 
 Plying & Skydiving 
 
 Frate;'nal Club Act. 
 
 Freshwater Fishing 
 
 Fristees 
 
 Gardening 
 
 Colfi:ig 
 
 Handball 
 
 Hiking 
 
 Hockey 
 
 Hcae Hobbies, etc. 
 
 Horseback Riding 
 
 Horseshoes 
 
 Zee Skating 
 
 Jogging 
 
 First 
 Choice 
 
 
 
 .6 
 
 .2 
 
 • 2 
 
 1.1 
 
 2.3 
 2.7 
 
 
 ^•? 
 
 10.4 
 
 .2 
 
 
 
 
 .3 
 
 
 
 1.9 
 1 
 
 
 .2 
 
 3.9 
 
 
 
 
 
 1.1 
 3.1 
 
 .2 
 
 7.3 
 
 1 
 
 .5 
 
 1.5 
 
 
 Second 
 Choice 
 .2 
 
 .5 
 
 
 
 .2 
 1.2 
 1.8 
 ^.7 
 
 .2 
 1 
 8 
 
 
 .2 
 
 .2 
 
 .4 
 
 
 3 
 
 1 
 
 
 
 
 
 U.6 
 
 
 
 
 
 1.9 
 
 3:5 
 
 
 
 6.8 
 1.8 
 
 *•= 
 
 
 
 Motp- Biking 
 
 Mountain Cllnbing 
 
 Nature Walks 
 
 Riotcgraphy 
 
 Picnicking 
 
 Ping Pong 
 
 Pool or Billiards 
 
 Power Beating 
 
 Facketball 
 
 Reading for Pleasure 
 
 Rowing 
 
 Sailing 
 
 Saltwater fishlni; 
 
 Scuba diving 
 
 Sledding 
 
 Snow mobillng 
 
 Snow Shoeing 
 
 Snow Skiing 
 
 Soccer 
 
 Socializing in Czzji, 
 Sociallilr.g at Kcrp 
 
 Swicjiing 
 TV or Kadio 
 Target Sriooting 
 Tennis 
 
 Theater gyl.^3 
 Touch Football 
 Track and Field 
 Trap Shooting 
 Kuseurts, etc. ^ 
 Volleyball / 
 Walking for Pleasure 
 Water Skiing 
 
 First 
 Choice 
 
 .5 
 
 .2 
 
 .3 
 
 
 
 1.0 
 
 
 
 .6 
 1.5 
 1.0 
 
 
 
 
 
 .2 
 
 .3 
 
 
 
 
 
 .2 
 
 
 .2 
 .2 
 
 
 
 
 
 24.5 
 
 
 
 i.a 
 
 
 .2 
 
 
 
 .5 
 .2 
 
 .3 
 .2 
 .2 
 
 Yoga, Personal Exerclsell 
 
 Second 
 Choice 
 
 .9 
 
 .2 
 
 .7 
 
 
 
 1.6 
 
 lis 
 
 .9 
 .5 
 
 
 
 
 
 .2 
 
 1.4 
 
 
 
 
 
 
 
 
 .4 
 ,li 
 .2 
 .2 
 10.7 
 
 
 3.1 
 
 i).3 
 
 
 
 
 
 c 
 
 .7 
 
 1.2 
 
 .4 
 
 1.8 
 1.8 
 
 Q-8 For your fjrst choice activity from question 7, ir a recreational bond issue 
 were required^ about how mich would your household be willing to pay for its 
 achieveoentT 
 
 Would not support the activity. 
 t.25 per each il,000 of assessed value. 
 S.50 per each il,000 of assessed valus. 
 $1.00 per each il,C0O of assessed vclue. 
 
 $2.00 per each $1,000 of assessed value. 
 
1979 SUPPLE>g:NTAL SURVFY 
 
 Incroductloa 
 
 As a supplemental to the 1976 survey an additional quest j' nnaire was distributed 
 to a proportionate amount of residents of Skagit County. The 1979 survey utilized 
 the boundaries of County School districts as the defined target areas for the dis 
 •persement of the questionnaires. Three percent of the population of each target: 
 area would be randomly selected and surveyed. The questionnaires t»ere distributed 
 by a CETA Recreation Staff -oyer a four week period. Because of their concern of 
 the results and personal drive, the returns of this survey reached cpprovirnately 
 76Z level. From all information that has been reviewed a reCurr Fuch as this is 
 extremely good and unusual as the average return rate according to ORB is approx- 
 imately 50Z. The response rate is calculated as follows per each Schbul District. 
 
 Surveying District 
 
 Total 
 
 Distributed 
 
 Total Returned 
 
 Z of Returns 
 
 Anacortes 
 
 
 338 
 
 
 270 
 
 80 
 
 Burlington 
 
 
 295 
 
 
 162 
 
 55 
 
 Concrete 
 
 
 75 
 
 
 AO 
 
 53 
 
 runway 
 
 
 69 
 
 
 56 
 
 81 
 
 LaConn«. 
 
 
 80 
 
 
 56 
 
 70 
 
 Mt. Vernon 
 
 
 4A5 
 
 
 360 
 
 81 
 
 Sedro Woolley 
 
 
 430 
 
 
 368 
 
 86 
 
 Totals 1732 1312 75.751: 
 

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APPENDIX V 
 Partial Preliminary Acquisition Grant Application 
 
s:;.T£ OF wv.s::iNGTo:; 
 DrrAnrmcT or ecology 
 
 Application for Preliminary Acquisition Gram 
 for an Estuarine Sanctuary in Washington State 
 under the Provisions of Section 315 of the 
 Coastal Zone Managenent Act of 1972 - As 
 
 Arended 
 
 Dixie Lee Ray» Governor Wilbur G. Hallauer 
 
 State of Washington Director, Dopartnent of T.colczy 
 
 January 19,. 1979 
 
TALLE or CONTENTS 
 
 Page 
 
 Introduction 3 
 
 Purpose L 
 
 Section I - Site Selection 5 
 
 Section II - Description of Proposed Sanctuary 8 
 
 (Location, Boundaries, Size) 
 
 Classification of Proposed Sanctuary 
 
 Description of Characteristics & Resources 
 
 of Proposed Sanctuary «, 
 
 Section III - Authority to Acquire Property 12 
 
 Section IV - Existing and Potential uses of the Proposed 
 
 Sanctuary and Current and Potential Conflicts 
 
 in Padilla Bay under both Sanctuary and 
 
 Konsanctuary Status 13 
 
 Section V - List of Protected Sites vithin the Biogeographic 
 
 Classification lA 
 
 Section VI - State Solicitation of Views of Interested 
 
 Parties 15 
 
 Section VII - Work Program 17 
 
 Federal Assistance Application 
 
 Explanatory Notes IS 
 
 1. Budget Explanation 19 
 
 2. Personnel Cor.nitment 21 
 
 3. Audits 21 
 
 4. Personnel Authorized to Request Grant Anendnents 
 
 or Revisions 21 
 
 Appendix 
 
 1. Synopsis of Skagit County Master Program 
 
 2. U.S. Environnental Protection Agency Indirect 
 
 Cost Kate Agreenent 
 
 3. v:ashin;;ton Stale Office of Fiscal Managerjcnt A-95 
 Review Cur.ncnts 
 
 A. Conpositto Aerial Photograph of Padilla Bay and 
 
 Surrounding Area 
 
f 
 
 SECTION I - SITE 5ILECTI0K 
 
 The entire coastline oi the Svate of Washinfton falls within the Coluiribian 
 biogeographic province. This province, as defined by the Office of 
 Coastal Zone M^nacer.snl, consists of "North Pacific coast froa. Cape 
 Mendocino to Canacc; r.ountaincuc rhrreland; rochy coasts, extensive 
 algal communities; biota, primarily temperate, with some boreal." 
 
 Estuaries in the State of Washington can be divided into five subcate- 
 gories of the primary* ColuTibian biofeopraphic province. These are: 
 
 1. Coluirbia F.iver estuaries; 
 
 2. Cloacal Lay esluarine conplexes such as Willapa Bay and Grays 
 Harbor; 
 
 3. Streams having direct discharge into the Pacific Ocean; 
 A. The Fugct Sound-Hood Canal estuarine complex; and, 
 
 5. Insular estuaries. 
 
 Since the Puget Sound-Hood Canal complex is unique among Pacific coastal 
 estuaries, primary' attention was given to potential sites in this subcate- 
 gory. This position was also influenced by the fact that the State of 
 Oregon has received a grant for the establishment of an estuarine sanc- 
 tuary in Coos Bay and this action essentially compromised the possibility 
 of establishing a sanctuary along Washington's Pacific coast. 
 
 A review of all streams entering Puget Sound and the Strait of Juan de 
 Fuca was conducted and all those possessing estuaries greater than 25 
 acres in size were selected for more detailed analysis. Nine criteria 
 were employed for this analysis and a rating of to 5 was assigned for 
 each. This resulted in a potential range of to A5 for each estuarine 
 system studied. 
 
 The criteria used in the evaluation were: 
 
 1. Degree of alteration of estuary; 
 
 2. Degree of alteration of the watershed; 
 
 3. Diversity of estuarine habitats; 
 A. P.epresentativeness ; 
 
 5. Potential stability; 
 
 6. biologic productivity; 
 
 7. Influences external to the system; 
 
 8. Aj>parent feasibility of achieving the necessary control of the 
 system; and, 
 
 9. Service to CZM program purposes. 
 
APPENDIX VI 
 Partial Listing of Public Meetings Regarding Padilla Bay 
 

 
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 APPENDIX VII 
 
 Padilla Bay Estuarine Sanctuary 
 Steering and Technical Committee Members 
 
PADILLA BAY ESTUARINE SANCTUARY 
 STEERING COMfllTTEE 
 
 Joseph R. Blum, Area Manager 
 U.S. Fish & Wildlife Service 
 2625 Parkmont Lane - Bldg. "A" 
 Olympia, Washington 98502 
 Phone: 753-9578 
 
 Bill Mai seed, Manager 
 
 Shell Oil Company - Anacortes Refinery 
 
 P. 0. Box 700 
 
 Anacortes, Washington 98221 
 
 Phone: 293-3111 
 
 Helen Engle, President 
 Washington Environmental Council 
 4011 Alameda Ave. 
 Tacoma , Washington 98466 
 Phone: 564-3112 (Home) 
 
 Bud Norrls, Chairman 
 
 Board of Skagit County Commissioners 
 
 Skagit County Courthouse 
 
 Mt. Vernon, Washington 98273 
 
 Phone: 336-9300 
 
 Dr. Charles J. Flora, Director 
 Western Washington State College 
 Shannon Point Marine Studies Center 
 1900 4th 
 
 Anacortes, Washington 98221 
 Phone: 293-6800 
 
 Dr. James Ford, President 
 
 Skagit Valley College 
 
 2405 College Way 
 
 Mt. Vernon, Washington 98273 
 
 Phone: 428-1150 
 
 John Stone, President 
 
 Washington State Sportsman Council 
 
 1221 St. Highway 9 
 
 Clfear Lake, Washington 93235 
 
 Phone: 856-4774 
 
 Phil Templeton, Manager 
 
 Texaco, Inc. - Puget Sound Plant 
 
 Marches Point 
 
 Anacortes, Washington 98221 
 
 Phone: 293-2131 
 
 Robert D. Keller, Manager 
 
 Port of Anacortes 
 
 P. 0. Box 279 
 
 Anacortes, Washington 98221 
 
 Phone: 293-3134 
 
 Marvin Wilbur, Executive Director 
 Swonomish Indian Tribal Community 
 P. 0. Box 277 
 
 La Conner, Washington 98257 
 Phone: 466-3163 
 
 Ralph Larson, Director 
 Department of Game 
 600 North Capitol Way 
 Olympia, Washington 98504 
 Phone: 753-5710 
 
 Charles Kiel, Principal 
 
 Anacortes Middle School 
 
 City Councilman, City of Anacortes 
 
 City Hall - 6th & Q Avenue 
 
 Anacortes, Washington 98221 293-2154 
 
 Dr. Dennis Willows, Director 
 
 University of Washington - 
 
 Friday Harbor Lab. 
 
 P. 0. Box 459 
 
 Friday Harbor, WA 98250 
 
 Phone: 378-2165 
 
PADILLA BAY ESTUARINE SANCTUARY 
 TECHNICAL COMMITTEE 
 
 John Andrews 
 
 27124 81st Drive Northwest 
 
 Stanwood, Washington 98292 
 
 629-4123 
 
 State Department of Game 
 
 Bill Bush 
 
 7150 Cleanwater Lane 
 
 Olympia, Washington 98504 
 
 753-2017 
 
 State Parks & Recreation 
 
 Commission 
 
 Glenn Dickinson 
 
 727 Samish Point Road 
 
 Bow, Washington 98232 
 
 766-6527 
 
 Skagit County Commissioners - Citizen 
 
 Richard Grans trand 
 
 950 Moorage Way 
 
 LaConner, Washington 98257 
 
 466-3163 
 
 Swinomish Tribal Community 
 
 Tom Mike Henry 
 
 1709 Blodgett Road 
 
 Mt. Vernon, Washington 98273 
 
 424-3854 
 
 Washington Sportsmen Council 
 
 William A. Johnson 
 
 Public Lands Building 
 
 Mail Stop QW-21 
 
 Olympia, Washington 98504 
 
 753-5326 
 
 State Dept. of Natural Resources 
 
 David Kennedy 
 
 Old Capitol Building 
 
 Olympia, Washington 98504 
 
 753-2574 
 
 Superintendent of Public Instruction 
 
 Gary Kline 
 
 2625 Parkmount Lane 
 
 Olympia, Washington 98502 
 
 753-9440 
 
 U.S. Fish & Wildlife Service 
 
 Ron Knutzen 
 
 752 Samish Point Road 
 
 Bow, Washington 98232 
 
 766-6526 
 
 Skagit County Commissioners - Citizen 
 
 Fayette Krause 
 
 4332 Francis Avenue North, Apt. 8 
 
 Seattle, Washington 
 
 624-9623 
 
 The Nature Conservancy 
 
 Claude Lakewold 
 
 101 House Office Bldg. 
 
 Olympia, Washington 98504 
 
 753-1022 
 
 State Office of Financial Management 
 
 Jim Monroe 
 
 2405 College Way 
 
 Mt. Vernon, Washington 98273 
 
 428-1267 
 
 Skagit Valley College 
 
 Dr. Carl Nyblade 
 
 P. 0. Box ^59 
 
 Friday Harbor, Washington 98250 
 
 378-2384 
 
 U. of W. /Friday Harbor Laboratory 
 
 Russ Orell 
 
 Skagit Laboratory 
 
 302 Sharon Avenue 
 
 Industrial Park 
 
 Burlington, Washington 98233 
 
 755-0421 
 
 State Dept. of Fisheries 
 
 David E. Ortman 
 
 4512 University Way N.E. 
 
 Seattle, Washington 98105 
 
 633-1661 
 
 Federation of Western Outdoor Clubs 
 
 Bob Schofield 
 
 Skagit County Courthouse 
 
 Mt. Vernon, Washington 98273 
 
 336-9333 Scan-554-1333 
 
 Skagit County Planning Commission 
 
PADILLA BAY ESTUARINE SANCTUARY 
 TECHNICAL COMMITTEE 
 
 ^'Earl G. Schumacher 
 P. 0, Box 700 
 
 Anacortes, Washington 98221 
 293-3111 Ext. 234 
 Shell Oil Company 
 
 Sally Van Niel 
 
 4404 - 222nd Street S.W, 
 
 Mountlake Terrace, Washington 98043 
 
 778-7568 
 
 Washington Environmental Council 
 
 Terence R. Wahl 
 
 3041 Eldridge 
 
 Bellingham, Washington 98225 
 
 733-8255 
 
 WWSC/Sundquist Laboratory 
 
 Jack Webb 
 
 P. 0. Box 622 
 
 Anacortes, Washington 98221 
 
 293-2131 
 
 Texaco Incorporated 
 
 Margaret Yeoman 
 
 1060 E. Marches Point Road 
 
 Anacortes, Washington 98221 
 
 336-9305 
 
 Skagit County Commissioners - Citizen 
 
 Rick Sparks 
 
 1008 5th Street 
 
 Anacortes, Washington 98221 
 
 293-2585 
 
 Sparks & Smith, Architects 
 
APPENDIX VIII 
 
 Partial List of Plants, Marine Invertebrates, 
 Fishes, Birds, and Mammals of Padilla Bay 
 
Common Hame 
 
 Scientific Name 
 
 Division Chrysophyta - Diatoms 
 
 Division Chlorophyta - Green Algae 
 
 Division Phaeophyta - Brown Algae 
 
 Sea lettuce 
 
 Rockveed 
 
 Bladder kelp 
 
 Division Rhodophyta - Red Algae 
 
 Laver 
 
 Arachnodlscus ehrehbergi 
 Biddulphia alternans 
 Cheatoceros affinis 
 Cheatoceros decipiens 
 Coscinodlscus centralis 
 Coscinodlscus concinus 
 Cosclnodiscus granii 
 Ditylum "brigHtvelli 
 Isthmis nervosa 
 Melosira monili formes 
 Navlcula distans 
 Pleuroslgma nor~anii 
 Pleuroslgma sp. 
 Rhizosolenia spp. 
 Tnalassloner.a njtzschlciss 
 
 Cladophora sp. 
 
 Enteromorpha linza 
 
 Enteromorpha sp. 
 
 Mono stroma f us cum 
 
 Monostroma zostericola 
 
 Pterochondrla voodii 
 
 Rhizoclonium sp. 
 
 Ulva lactuca 
 Urospora sp. 
 
 Costaria ccjtata 
 
 EctocarDus sp . 
 
 Fucus distichus 
 
 Fucus sp. 
 
 
 Laminaria 
 
 saccharina 
 
 Laminaria 
 
 sn. 
 
 Kereocyst: 
 
 LS leutkeana 
 
 Fetalonia 
 
 sp. 
 
 Polyneura 
 
 latissina 
 
 Sargassum 
 
 muticum 
 
 Scytoslphon sp. 
 
 E otryoglossum farlovlanu: 
 Ceramium californicum 
 Ceramlum sp. 
 
 Gonimophyllum skottsberg : 
 Gracilariopsls s.ioestedt: 
 Odonthalis vashlng'tcnensl 
 Polysiphonla sp. 
 Porphyra spp. 
 Tiffaniella snyderae 
 
 Compiled from Sylvester and Clogston 1958, U.S. Army Corps of Engineers 19T6, 
 
 Smith and Benedict 19TT> and observations of Washington Department of Game personnel 
 
 during this study. 
 
Common Name 
 
 Scientific Name 
 
 Division Lycopodiophyta 
 Family Selaginellaceae 
 
 Division Equisetophyta 
 Family Equisetaceae 
 
 Wallace's selaginella 
 
 Common horsetail 
 Giant horsetail 
 
 Selaginella vallacei 
 
 Equisetim airvense 
 Equiset\im telnateia 
 
 Division Polypodiophyta 
 Family Polypodiaceae 
 
 Shi eld- fern 
 Gold-back fern 
 Sword-fern 
 Licorice- fern 
 Bracken-fern 
 
 Dry opt er is sp. 
 
 Pityrograjnaa triangularis 
 Polystichum sp. 
 Polypodium glycyrrhiza 
 Pteridium aauilinum 
 
 Division Pinophyta 
 Family Cupressaceae 
 
 Family Pinaceae 
 
 Juniper 
 
 Western red cedar 
 
 Grand fir 
 Sitka spruce 
 Shore pine 
 Douglas fir 
 
 Juniperus scopulorum 
 Th\i,1a pllcata 
 
 Abies grandis 
 Picea sitchensis 
 Pinus contorta 
 Pseudotsuga nenziesii 
 
 Division 
 
 Family 
 
 Family 
 Family 
 Family 
 Family 
 Family 
 
 Magnoliophyta 
 Salicaceae 
 
 Betulaceae 
 
 Fagaceae 
 
 Urticaceae 
 
 Polygonaceae 
 
 Chenopodiaceae 
 
 Family Caryophyllaceae 
 
 Family Berheridaceae 
 Family Brassicaceae (Cruci 
 
 Family Grossulariaceae 
 Family Rosaceae 
 
 Black Cottonwood 
 Willow 
 Bed alder 
 Garry oak 
 Stining nettle 
 Sheep sorrel 
 Fat-Hen 
 Pickleweed 
 Field chickweed 
 Sandspurry 
 Oregon grape 
 ferae)Field mustard 
 Peppergrass 
 
 Currant 
 
 Foam flower 
 
 Hawthorn 
 
 Avens 
 
 Ocean- spray 
 
 Osoberry 
 
 Western crabapple 
 
 Nootka rose 
 
 Clustered wild rose 
 
 Populus trichocarpa 
 Salix spp. 
 Alnus rubra 
 Quercus gar r>' ana 
 Urtica dioica 
 Bumex acetosella 
 Artrlplex patula 
 Salicornia virginica 
 Cerastium arvense 
 Spergularia sp. 
 Berberis nervosa 
 Brassica caiipestris 
 Lepidium virginlcum var, 
 
 menziesii 
 Ribes sp. 
 
 Tiarella trifoliata 
 Crataegus monogyna 
 Ge\am /m acrophyl lum 
 Holodiscus discolor 
 Osmaronia cerasiformis 
 Pyrus fusca 
 Rosa nutkana 
 Rosa pisocarpa 
 
Comnion Kame 
 
 Scientific Naae 
 
 Family Rosaceae 
 
 Family Fabaceae (Leguminosae) 
 
 Family Celastraceae 
 Family Aceraceae 
 
 Family Khaionaceae 
 Family Onagraceae 
 
 Family Hippuridaceae 
 
 Family Araliaceae 
 
 Family Apiaceae (Umbelli ferae) 
 
 Family Cornaceae 
 Family Ericaceae 
 
 Family Primulaceae 
 
 Family Cuscutaceae 
 Family Boraginaceae 
 Family Scrophularia ceae 
 
 Family Plantaginaceae 
 
 Family Rubiaceae 
 Family Caprifoliaceae 
 
 Family Asteraceae ( Compos itae) 
 
 Himalayan "blackberry 
 
 Evergreen blackberry 
 
 Thimbleberry 
 
 Salmonberry 
 
 Trailing blackberry 
 
 Eard-hack 
 
 Beach pea 
 
 Scot's broom 
 
 Clover 
 
 Giant vetch 
 
 Vetch 
 
 Mountain-box 
 
 Vine maple 
 
 Big-leaf maple 
 
 Cascara 
 
 Fireveed 
 
 Willoy-herb 
 
 Mare's-tail 
 
 Ivy 
 
 Queen Anne's lace 
 
 Cov-parsnip 
 
 Water-parsley 
 
 Pacific dogwood 
 
 Pacific madrone 
 
 Salal 
 
 Pacific rhododendron 
 
 Red huckleberry 
 
 Saltvort 
 
 Western starflower 
 
 Salt marsh dodder 
 
 Seaside amsinckia 
 
 Foxglove 
 
 Parentucellia 
 
 Ribwort 
 
 Seaside plantain 
 
 Bedstraw 
 
 Red elderberry 
 
 Snowberry 
 Common yarrow 
 False-dandelion 
 Silver bursage 
 
 Pearly-everlasting 
 Coastal mugwort 
 Canada thistle 
 
 Rubus discolor 
 
 Rubus laciniatus 
 
 Rubus parviflorus 
 
 Rubus spectabilis 
 
 Rubus ursinus 
 
 Spiraea douglasii 
 
 Lathyrus JaDonicus 
 
 Cytisus scoparius 
 
 Tri folium spp. 
 
 Vicia gigantea 
 
 Vicia sp. 
 
 Pachistima myrsinites 
 
 Acer circinatum 
 Acer macrophyllum 
 Rhamnus purshiana 
 Epilobium angustlfolium 
 Epilobium sp. 
 Hippuris vulgaris 
 Kedera helix 
 Daucus carota 
 Heracleum lanatum 
 Oenanthe sarmentosa 
 Cornus nuttallii 
 Arbutus menziesii 
 Gaultheria shallon 
 Rhododendron macrophylluir 
 Vaccinium paryi foil urn 
 Gla\ix maritima 
 Trientalis latifolia 
 Cuscuta salina 
 Amsinckia spectabilis 
 Digitalis pur'ourea 
 Parentucellia viscosa 
 PI ant a go lanceolota 
 PI ant ago maritima 
 Galium sp. 
 Sambucus racemes a var 
 
 arborescens 
 Symphoricarpos albus 
 Achillea millegolium 
 Agoseris sp. 
 Ambrosia chamissonis var. 
 
 bipinnatisecta 
 Anaphalis margaritacea 
 Artemisia suksdorfii 
 Cirsium arvense 
 
Common Name 
 
 Scientific Name 
 
 Family Asterace&e (Compositae) 
 
 Family Juncaginaceae 
 Family Potamogetonaceae 
 Family Ruppiaceae 
 Family Zosteraceae 
 
 Family Jxincaceae 
 
 Family Cyperaceae 
 
 Family Poaceae (Graminae) 
 
 Family Typhaceae 
 Family Lemnaceae 
 Family Liliaceae 
 
 Bull thistle 
 
 Ox eye daisy 
 
 Eriophyllxaa 
 
 Gumveed 
 
 Smooth cat's-ear 
 
 Hairy cat*s-ear 
 
 Old-man-in-the-spring 
 
 Goldenrod 
 
 Common tansy 
 
 Common dandelion 
 
 Seaside arrov-grass 
 
 Bihbon-lead pondveed 
 
 Vid eon- grass 
 
 Eel grass 
 
 Dwarf eelgrass 
 
 Baltic rush 
 
 Soft rush 
 
 Mud rush 
 
 Smallflowered voodrush 
 
 Lyngby's sedge 
 
 Bighead sedge 
 
 Slough sedge 
 
 Hards tern bulrush 
 
 Quack grass 
 
 Bent grass 
 
 Cheat grass 
 
 Orchard-grass 
 
 Tufted hair grass 
 
 Saltgrass 
 
 American dunegrass 
 
 Idaho fescue 
 
 Red fescue 
 
 Velvet- grass 
 
 Heed cansirygrass 
 
 Kentucky bluegrass 
 
 Alkaligrass 
 
 Smooth cordgrass 
 
 Common cat -tail , 
 
 Duckweed 
 
 Starry Solomon-pliune 
 
 Clrsixim vulgare 
 Chrysanthemum leuc^themuzr 
 Eriophyllum lanatum 
 Grindelia integrifolia 
 Hypochaeris glabra 
 Hypochaeris radicata 
 Senecio vulgaris 
 Soli dago sp. 
 Tanacetum vulcare 
 Taraxacum officinale 
 Triglochin maritimum 
 Potamogeton epihydrus 
 Ruppia maritiina 
 Zostera marina 
 Zostera noltii 
 Juncus balticus 
 
 Juncus effusus 
 
 Juncus gerardii 
 Luzula parvl flora 
 Carex lyngbyei 
 Carex macrocephala 
 Carex obnupta 
 Scirpus acutus 
 Agropyron repens 
 Agrostis alba 
 Broraus tectorum 
 Dactyl is glonerata 
 Deschampsia cespitosa 
 Distichlis spicata 
 Elymus mollis 
 Festuca idahoensis 
 Festuca rubra 
 Holcus mollis 
 Phalaris arundinacea 
 Poa pratensis 
 Puccinellla distans 
 Spartina alt erni flora 
 Typha 1 at i folia 
 Lemna minor 
 Similacina stellata 
 
Common Name 
 
 Scientific Name 
 
 Phylum Cnidaria 
 Class Rydrozoa 
 
 Order Hydroida 
 
 Class Scyphozoa 
 
 Order Staiiromedusae 
 Class Anthozoa 
 
 Subclass Zoantharia 
 
 Order Actlniaria 
 
 Phylum Ctenophora 
 Class Tentaculata 
 
 Phylum Platyhelminthes 
 
 Phyl\im Nemertea 
 Class Anopla 
 
 Order Heteronemertea 
 Class Enopla 
 
 Order Hoplonemertea 
 
 Phylum Nematoda 
 
 Phylum Mollusca 
 Class Amphlneura 
 
 Subclass Polyphacophora 
 Class Gastropoda 
 
 Subclass Prosobranchia 
 
 Sea Fir 
 
 Orange-striped Jellyfish 
 
 Stalked Jellyfish 
 
 Brooding sea anemone 
 
 Sea gooseberry 
 Flatworm 
 Ribbon vorm 
 
 Restless worm 
 
 Mossy chiton 
 
 Turret snail 
 
 Blue top shell 
 
 Finger limpet 
 Shield limpet 
 Hooked slipper shell 
 Slipper shell 
 
 Abietinaria sp. 
 Aglaophenia sp. 
 Gonionemus vert ens 
 Obeli a sp. 
 Sertularella sp. 
 
 Halicystus auricula 
 
 Anthopleura elegantissima 
 Edwards i a sipunculoides 
 Epiactis prolifera 
 Tealis sp. 
 
 Ple\irobrachia bachei 
 
 Unidentified species 
 
 Unidentified species 
 
 Cerebratulus californiensi 
 
 Amphiporus bimaculatus 
 Emplectonena gracile 
 Paranemertes peregrina 
 
 Unidentified species 
 
 Mopalia muscosa 
 
 Assiminea californica 
 Batillaria attraaentaria 
 Bittiiim sp. 
 Calliostoma ligatum 
 Cecina manchurica 
 Collisella digitalis 
 Collisella pelta 
 Crepidula adunca 
 Crepjdula sp. 
 
 Compiled from Sylvester and Clogston 1958, Goodwin 197^, Smith and Benedict 19TT, 
 Webber unpublished data, and observations of Washington Department of Game pcrsonne. 
 during this study. 
 
Common Name 
 
 Scientific Name 
 
 Subclass Opisthobranchia 
 Order Anaspidea 
 Order Cephalaspidea 
 
 Order Nudibranchia 
 Suborder Eolidacea 
 Suborder Doridacea 
 Subclass PuliDonata 
 Class Bivalvia 
 
 Keyhole limpet 
 Chink shell 
 Sitka periwinkle 
 Checkered periwinkle 
 Margarite snail 
 Basket shell 
 •Large variegated limpet 
 Plate limpet 
 Japanese oyster drill 
 Wrinkled thais 
 Limpet 
 
 Bubble shell 
 
 Opalescent nudibranch 
 
 Sciilptiired nut clam 
 Heart cockle 
 Japanese oyster 
 
 Dipper clam 
 
 Polluted macoma 
 Bent-nosed clam 
 
 Sand clam 
 
 Eastern soft-shell clam 
 
 Blunt soft-shell clam 
 
 Blue mussel 
 
 Rock oyster 
 
 Diodora aspera 
 Lacuna variegata 
 Littorina sitkana 
 Littorina scutulata 
 Margarites pupillus 
 Nassarius fraterculus 
 Kotoacnea persona 
 Notoacmea scutum 
 Ocenebra Jaronlca 
 Thais lanellcsa 
 Unidentified sp. 
 
 Phyllaplysia taylori 
 Aglaja diomedea 
 Haminoea sp. 
 Cylichna sp. 
 Retusa hajDa 
 
 Kermissenda crassicornis 
 
 Unidentified sp 
 
 Phytia ( Ovatella ) nyosotis 
 
 Acila castrensis 
 
 Axinopsida serricata 
 
 Clinocardium nuttallii 
 
 Clinocardium sp. 
 
 Crassostrea gigas 
 
 Crenella sp. 
 
 Cryptomya californica 
 
 Luc i noma sp. 
 
 Lyons i a californica 
 
 Lyons i a striata 
 Macoma balthica 
 Macoma inquinata 
 Macoma nasuta 
 Macoma obliqua 
 Macoma secta ' 
 Mya arenarla 
 f^a trxincata 
 h^sella tumlda 
 Mytilus edulis 
 Nucula tenuis 
 Nuculana hainata 
 Nuculana mi nuta 
 Pododesmus iriacroschisna 
 
ConuDon Name 
 
 Scientific Name 
 
 Native littleneck clam 
 
 Washington clam 
 Jackknife clam 
 Japanese littleneck clam 
 'White tellen 
 
 Horse clam 
 
 Protothaca staminea 
 Protothaca sp. 
 Psephidia lordi 
 Saxidomus giganteus 
 Sol en sicarius 
 Tapes japonica 
 Tellina aodesta 
 Tellina sp. 
 Transennella tantilla 
 Tresus capax 
 Yoldia thraciaeformis 
 
 Phylum Annelida 
 Class Polychaeta 
 
 Family Amphaxetidae 
 Family Aphroditidae 
 Family Arenicolidae 
 
 Family Capitellidae 
 
 Family Cirratulidae 
 
 Family Dorvilleidae 
 Family Glyceridae 
 
 Family Goniadidae 
 Family Hesionidae 
 
 Family Lumbrineridae 
 Famil Maldanidae 
 
 Family Nephtyidae 
 Family Nereidae 
 Family Onuphidae 
 
 Lugvorm 
 Bough-skinned lugvorm 
 
 Iridescent vorm 
 
 Bamboo vorm 
 
 Clam vorm 
 
 Aurohao-eta arctica 
 Unidentified sp. 
 Abarenicola pacifica 
 Abarenicola claparedii 
 Capitella capitata 
 Capitella sp. 
 Notomastus tenuis 
 Notoniastus sp. 
 Mediomastus sp. 
 Chaetozone setosa 
 Chaetozone sp. 
 Unidentified sp. 
 Dorvillea annul at a 
 Protodorvillea gracilis 
 Glycera emericana 
 Glycera sp. 
 Kemipodus borealis 
 Glycinde picta 
 Gyptis brevi'palpa 
 Ophiodromus pugettensis 
 Lumbrineris latreilli 
 Axiothella rubrocincta! 
 Maldane glebiflex 
 Euclymene zonalis 
 Nephtys caeca 
 Nephtys ciliata 
 Nereis brandti 
 Platynereis bicanaliculat; 
 Onuphis elegans 
 Unidentified sp. 
 
Common Name 
 
 Scientific Name 
 
 Family Tere"bellidae 
 
 Class Oligochaeta 
 Phylum Priaptilida 
 Phylum Sipuncxila 
 
 Phyliom Arthropoda 
 Class Crustacea 
 
 Subclass Branchiopoda 
 
 Order Cladocera 
 Subclass Ostracoda 
 Subclass Copepoda 
 Order Calanoida 
 
 Order Karpacticoida 
 Order Cyclopoida 
 Order Monstrilloida 
 Subclass Cirripedia 
 Order Thoracica 
 
 Subclass Malacostraca 
 Superorder Phyllocarida 
 
 Order Leptostraca 
 Superorder Peracarida 
 Order Cumacea 
 
 Order Tanaidacea 
 
 Order Isopoda 
 Suborder Valvifera 
 
 Horse barnacle 
 Acorn barnacle 
 
 Eelgrass isopod 
 
 Amphitrite cirrata 
 Eupolymnia heterobranchia 
 Pista sp. ' ' " 
 
 Polycirrus kerguelenensis 
 Unidentified sp. 
 
 Priapvilus caudatus 
 
 Golfingia pugettensis 
 Siphonoscma ingens 
 Unidentified sp. 
 
 Podon sp. 
 Unidentified sp. 
 Microsetella norvegica 
 Acartia clausi 
 Calanus fimnarchicus 
 Mi croc al anus pusillus 
 Pseudocalanus minutus 
 Harpacticus spp. 
 Corycaeus affinis 
 Unidentified sp. 
 
 Balanus cariosus 
 Balanus crenatus 
 
 Balanus glandula 
 
 Nebalia sp. 
 
 Diastylis sp. 
 Oxyurostylis sp. 
 Leptochelia savignyi 
 Leptochelia sp. 
 Pancolus californiensis 
 Unidentified sp. 
 
 Idotea aculeata 
 Idotea fevkesi 
 Idotea resecata 
 
 Idotea rufescens 
 
Common Kajme 
 
 Scientific Name 
 
 Suborder. Anthuridea 
 Suborder Flabellifera 
 Order Amphipoda 
 
 Suborder Hyperiidea 
 Suborder Gammaridea 
 
 Olive green isopod 
 
 Oregon pill bug 
 
 Beach hopper 
 
 Suborder Caprellidea 
 
 Superorder 
 Order Decapoda 
 
 Suborder Katantia 
 Section Caridea 
 Family Crangonidae 
 
 Family Hippolytidae 
 
 Corophid 
 Gammarid 
 Lysianassid 
 Phoxocephalid 
 Skelton shrimp 
 
 Gray shriinp 
 
 Tdotea vosnesenskii* 
 Snyidotea angulata 
 Snyidotea bicuspida 
 Paranthiira elegems 
 Gnorimosphaeroma oregonens 
 
 Unidentified sp. 
 Ampelisca pugettica 
 Ampjthoe lacertosa 
 AmDithoe valida 
 Anisogammarus confervicolv 
 Anisogammarus pugettensis 
 Aoroides columbiae 
 Corophium sp. 
 Hyale freouens 
 Ischrocerus anouipes 
 Melita dentata 
 Orchestia transkiana 
 Orchomene sp. 
 Parallorchestes ochotensi; 
 Paraphoxus sp. 
 Fhotis brevlpes 
 Photis sp. 
 Pontogenia sp. 
 Protomedla sp. 
 Unidentified sp. 
 Unidentified sp. 
 Unidentified sp. 
 Unidentified spp. 
 Caprella leviuscxila 
 Metacaprella anomala 
 Metacaprella kennerlyi 
 Unidentified sp. 
 
 Crangon nigricanda 
 Sclerocrangon alata 
 Unidentified sp. 
 
■Coimnon Name 
 
 Scientific Name 
 
 Suborder Jleptantia 
 Section Astacura 
 Superf ami ly ^allassinoidea Ghost shrizap 
 
 Mud shrimp 
 Section Anomura 
 Superfamily Galatheoidea 
 Superfamily Paguroidea 
 
 Porcelain crab 
 Hermit crab 
 Hairy hermit crab 
 
 Section Brachyura 
 
 Subsection Brachygnatha 
 
 Infrasubsection Oscyrhyncha Decorator crab 
 
 Spider crab 
 Kelp crab 
 
 Infrasubsection Brachyrhyncha 
 
 Dungeness crab 
 Red rock crab 
 Purple shore crab 
 Green shore crab 
 
 Burrow crab 
 Helmet crab 
 
 Phylum Bryozoa 
 
 Phylum Brachiopoda 
 
 Phylum Echinodermata 
 Class Ophiuroidea 
 
 Class Asteroidea 
 
 Class Echinoidea 
 Class Holoth^2roidea 
 
 Lamp shell 
 
 Blood star 
 Six-rayed sea star 
 
 Sunflover star 
 Green sea urchin 
 
 Bed sea cucumber 
 White sea cucumber 
 
 Callianassa californiensis 
 Upogebia pugettensis 
 
 Petrolisthes eriomerus 
 Pag\irus granosimanus 
 Pag\irus hirsutiusculus 
 Pagurus kennerlyi 
 
 Oregonia gracilis 
 Pugettis gracilis 
 Pugettia producta 
 
 Cancer magister 
 Cancer productus 
 Hemigrapsus nudus 
 Hemigrapsus oregonensis 
 Pinnixa occidentalis 
 Pinnixa schnitti 
 
 Pinnixa tubicola 
 Telmessus cheiragonus 
 
 Unidentified sp. 
 
 Terebratalia transversa 
 
 Amphiodia \irtica 
 Diamphiodia periercta 
 Unidentified sp. 
 Henricia leviuscula 
 Leptasterias hexactis 
 Pisaster ochraceus 
 Pycnopodia helianthoides 
 Strongylocentrotus 
 
 droebachiensis 
 Cucumaria miniata 
 Eupcntacta quinguesemlta 
 Leptosynapta sp. 
 
 Phylum Chaetognatha 
 
 Arrow worm 
 
 Sagitta elegans 
 
ConzDon Name 
 
 Scientific Naiae 
 
 Phyl\an Chord at a 
 SubphyltuB Urochordata 
 Class Larvae ea 
 Class Ascidlacea 
 
 Hairy sea squirt 
 
 Oikopleura sp 
 Boltenia villosa 
 
 Broad "base sea squirt Cnenudocsirpa fimnarkiensif 
 Warty sea sqiairt Pyxira haustor 
 
Common Name 
 
 Scientific Name 
 
 Family Pbolidae 
 
 Family Jimmodytidae 
 Order Scorpaeni formes 
 Family Scorpaeni dae 
 
 Family Kexagrammidae 
 Family Cottidae 
 
 Family Agonidae 
 
 Family Cyclopteridae 
 
 Order Plexoronecti formes 
 Family Bothidae 
 Family Pleuronectidae 
 
 Penpoint gunnel 
 Crescent gunnel 
 Saddleback gunnel 
 Pacific sand lance 
 
 Tellov rockfish 
 
 Sharpchin rockfish 
 
 Lingcod 
 
 Padded scxilpin 
 
 Silverspotted sculpin 
 
 Buffalo sctilpin 
 
 Soft scxilpin 
 
 Pacific staghorn sculpin 
 
 Great sciolpin 
 
 Sailfin sculpin 
 Tadpole sculpin 
 Grunt sculpin 
 Ri'bbed sculpin 
 Stxirgeon poacher 
 Smooth alligator fish 
 Tuhenose poacher 
 Pacific spiny lumpsucker 
 Spotted snailfish 
 Tidepool snailfish 
 
 Speckled sanddah 
 Arrovtooth flo;inder 
 Rock sole 
 Slender sole 
 Dover sole 
 £n^ish sole 
 Starry flounder 
 Sand sole 
 
 Apodichthys flavidus . 
 Pholis laeta 
 Pholi s omata 
 Anmodytes hexapterus 
 
 Sehastes flavid\is 
 Sehastes zacentrus 
 Qphiodon el on rat us 
 Artedius fenestralis 
 Blepsias cirrhosus 
 Enophrys bison 
 Gilbertidia sigalutes 
 Leptocottus arc at us 
 Myoxocephalus 
 
 polyacanthocephalus 
 Kautichthys oculofasciatus 
 Psychrolutes paradoxus 
 PhaiiDhocottus rlchardsoni 
 Triglops pinceli 
 Aponus acipenserinus 
 Anoplagonus inermis 
 Pallasina barb at a aix 
 EnTn^'crotreiaus orb is 
 Li pari s callyodon 
 Li Paris florae 
 
 Citharichthys stigrr.aeus 
 Atheresthes stomias 
 Lepidopsetta bilineata 
 Lyopsetta exilis 
 Microstomus pacificus 
 Parophrys vetulus 
 Platichthys stellatus 
 Psettichthys melanostictus 
 
Common IVame 
 
 Scientific Name 
 
 Class Chondrichthyes 
 Su'bclass Elasmobranchii 
 Order Squali formes 
 Family Squalidae 
 Order Sajiformes 
 Family Rajidae 
 Su'bclass Holocephali 
 Order Chimaeri formes 
 Family Chimaeri dae 
 
 Class Osteichthyes 
 
 Order Clupei formes 
 Family Clupei dae 
 
 Family Engraulidae 
 Order Salmoni formes 
 Family Salmoni dae 
 
 Family Osmeridae 
 
 Order I-tyc tophi formes 
 Family I-tyctophidae 
 
 Order Gobi esoci formes 
 Family Gobi esoci dae 
 
 Order Gadi formes 
 Family Gadi dae 
 Family Ophidiidae 
 Family Zoarcidae 
 
 Order Gasterostei formes 
 Family Gasterosteidae 
 Family Syngnathidae 
 
 Order Ferci formes 
 Family Emhiotocidae 
 Family Trichodontidae 
 Family Stichaeidae 
 
 Spiny dogfish 
 Big Skate 
 
 Rat fish 
 
 Pacific herring 
 
 Northern anchovy 
 
 Pink salmon 
 
 ChiuD salmon 
 
 Coho salmon 
 
 Sockeye salmon 
 
 Chinook salmon 
 
 Coastal cutthroat trout 
 
 Dolly Varden 
 
 Surf smelt 
 
 Longfin smelt 
 
 Northern lainpfish 
 
 Northern clingfish 
 
 Pacific tomcod 
 Red hrotula 
 Blackhelly eelpout 
 
 Threespine stickleback 
 Bay pipefish 
 Shinier perch 
 
 Pacific sandfish 
 Snake prickleback 
 Bluebarred prickleback 
 Black prickleback 
 
 Squalus acanthi as 
 Raja binoculata 
 
 Hydrolagus colliei 
 
 Clupea harengus pall as i 
 
 Engraulis mordax aordax 
 Oncorhynchus gorbuscha 
 Oncorhynchus keta 
 Oncorhynchus kisutch 
 Oncorhynchus nerka 
 Oncorhynchus tshav>'^5cha 
 Salmo clarki clarki 
 Salvelinus malma 
 Hypomesus pretiosus pretios" 
 Spirinchus thaleichthys 
 
 Stenobrachius leucopsarus 
 Gobiesox maeandricus 
 
 Microgadus proximus 
 Brosmophycis marginata 
 Lycodopsis pacifica 
 
 Gasterosteus aculeatus 
 Syngnathus griseolineatus 
 Cymatogaster aggregata 
 
 Trichodon trichodon 
 Lumpenus sagitta 
 Plectobranchus evides 
 Xiphister atropurpureus 
 
 Compiled from Sylvester and Clogston 1958, DeLacey and Miller 1972, Miller et al. unpv 
 
 lished data. 
 
 Nomenclature after Hart 1973. 
 
Conaon Kaae 
 
 Scientific Name 
 
 Family Pholidae 
 
 Family Ammodytidae 
 Order Scorpaenironoes 
 Fatally Scorpaenidae 
 
 Family Kejcagrammidae 
 Family Cottidae 
 
 Family Agonidae 
 
 Family Cyclopteridae 
 
 Order Pleuronecti formes 
 Family Bothidae 
 Family Pleuronectidae 
 
 PenPoint gunnel 
 Crescent gunnel 
 Saddleback gunnel 
 Pacific sand lance 
 
 Tellov rock fish 
 
 Sharpchin rockfish 
 
 Lingcod 
 
 Padded sculpin 
 
 Silverspotted sculpin 
 
 Buffalo sculpin 
 
 Soft scxilpin 
 
 Pacific staghorn sculpin 
 
 Great scxilpin 
 
 Sailfin scxilpin 
 Tadpole sculpin 
 Grunt sculpin 
 Pitted sculpin 
 Sturgeon poacher 
 Smooth alligator fish 
 Tubenose poacher 
 Pacific spiny lumpsucker 
 Spotted snailfish 
 Tidepool snailfish 
 
 Speckled sanddab 
 Arrowtooth flounder 
 Pock sole 
 Slender sole 
 Dover sole 
 Fn^ish sole 
 Starry flo\ander 
 Sand sole 
 
 Apodichthys flavidus 
 Pholis laeta 
 Pholi s ornata 
 XBaiody~tes hexapterus 
 
 Sebastec flavidus 
 Sebastes zacentrus 
 
 Qphiodon el on rat us 
 Artedius fenestralis 
 Blepsias cirrhosus 
 Enophrys bison 
 Gilbert! di a sigalutes 
 Leptocottus arcatus 
 Myoxocephalus 
 
 polyacanthocephalus 
 Nautichthys oculofasciatus 
 Psychrolutes paradoxus 
 PhaiQPhocottus rlchardsoni 
 Triglops pingeli 
 Agonus acipenserinus 
 Anoplagonus inermis 
 Pallasina barb at a aix 
 Eimicrotremus orbis 
 Liparis callyodon 
 Li pari s florae 
 
 Citharichthys stigmaeus 
 Atheresthes stomias 
 Lepldopsetta bilineata 
 Lyopsetta exilis 
 Microstomus pacificus 
 Parophrys vetulus 
 Platichthys stellatus 
 Psettichthys melanostictus 
 
Common Name - . 
 
 Scientific Name 
 
 ComxDon Loon 
 Yellov-'billed Loon 
 Artie Loon 
 Bed-throated Loon 
 Eed-necked Gre"be 
 Horned Grebe ■ -• - - 
 Eared Grebe 
 "Western Grebe 
 Pied-billed Grebe — - • 
 Double-crested Cormorant 
 Brandt's Cormorant 
 Pelagic Cormorant 
 Great Blue Keron 
 Green Heron 
 Great Egret 
 
 Black-crovned Night Heron 
 American Bittern 
 'Whistling Svan 
 Trumpeter Svan. 
 Canada Goose 
 Black Brant 
 White-fronted Goose 
 Snov Goose 
 Mallard 
 Gadvall 
 Pintail 
 
 Green-vinged Teal 
 Blue-Winged Teal 
 Cinnamon Teal 
 European Wigeon 
 American Wigeon 
 Northern Shoveler 
 Wood Duck 
 Redhead 
 
 Ring-necked Duck 
 Canvasback 
 Greater Scaup 
 Lesser Scaup 
 Common Gold en eye 
 Earrov*s Goldeneye 
 
 Gavia immer 
 Gavia adamsii 
 Gavia arctica 
 
 Gavia stellata 
 
 Podiceps grisegena 
 Podiceps auritus 
 Podiceps nigricollis 
 Aechmophorus occidentalis 
 Podilymbus podiceps 
 Phalacrocorax auritus 
 Phalacrocorax penicillatus 
 Phalacrocorax pelagicus 
 Ardea herodias 
 Butorides virescens 
 Casraerodius albus 
 
 Nycticorajc nycticorax 
 Botaurus lentiginosus 
 Olor columbianus 
 Olor buccinator 
 Branta canadensis 
 
 Branta bernicla 
 Anser albifrons 
 Chen caerulescens 
 Anas platyrhynchos 
 Anas streipera 
 Anas acuta 
 Anas crecca 
 Anas • discors 
 Anas cyanoptera 
 Anas penelope 
 Ajias' americana 
 Ajas clypeata 
 Aix sponsa 
 Aythya americana 
 Ap.^'thya collaris 
 Aythya valisineria 
 Aythya marila 
 Aythya affinis 
 Bucerthala clangula 
 BuceDhala islandica' 
 
 Compiled from Jeffery I976, Lavers 1975,Xavers, 1972-75, Anderson, 
 Fackler arid Franklin 1"977 with revisions by Steven Sveeney, 1978. 
 
Comznon Name 
 
 Scientific Name 
 
 Buffi eh e ad 
 
 Oldsquav 
 
 Harlequin Duck 
 
 Vhite-viiiged Scoter 
 
 Surf Scoter 
 
 Black Scoter 
 
 Buddy Duck 
 
 Hooded Merganser 
 
 Coismon Merganser 
 
 Red-breasted Merganser- 
 Turkey Vulture^ •- • 
 
 Goshawk 
 
 Sharp- shinned Hawk 
 
 Cooper's Hawk 
 
 Fed-tailed Kavk 
 
 Svanson's Hawk 
 
 Bough- legged Hawk 
 
 Bald Eagle 
 
 Marsh Hawk 
 
 Osprey 
 
 Gyr falcon 
 
 Prairie Falcon 
 
 Peregrine Falcon 
 
 Merlin 
 
 American Kestrel 
 Blue Grouse 
 Huffed Grouse 
 
 California Quail 
 
 Hing-necked Pheasant 
 
 Sandhill Crane 
 
 Virginia Rail 
 
 Sora, 
 
 Ajneri can Coot 
 
 Black Oystercatcher 
 
 Semipalmated Plover 
 
 Killdeer 
 
 American Golden Plover 
 
 Black-hellied Plover 
 
 Surfbird * 
 
 Buddy Turnstone 
 
 Black Turnstone 
 
 Common Snipe 
 
 Long-hilled Curlew 
 
 Whimbrel 
 
 Spotted Sandpiper 
 
 Solitary Sandpipe 
 
 Wandering Tattler 
 
 Greater Yellowlegs 
 
 Bucephala albeola - 
 Clanpula hyemalis 
 Histrionicus histrionicus 
 Melanitta deglandi 
 Melanitta perspicillata 
 Melanitta nigra 
 Oxytira jamaicensis 
 Lophodytes cucullatus 
 Mergus merganser 
 Mergus serrator .. 
 Cathartes aura 
 Accipiter gentilis 
 Accipi.ter striatus 
 Accipiter cooperii 
 Buteo jamaicensis 
 Buteo svainsoni 
 Buteo 1 agppus 
 Haliaeetus leucocephalus 
 Circus cyaneus 
 Pandion haliaetus 
 Falco rusticolus 
 Falco mixicanus 
 Falco peregrinus 
 Falco columbarius 
 Falco sparverius 
 Dendragapus obscurus 
 Bonasa iimbellus 
 
 Lophortyx californicus 
 Phasianus colchicus 
 Grus canadensis 
 Rallus limicola 
 Porzana Carolina 
 Fulica americana 
 Haematopus bachmani 
 Charadrius semipalnatus 
 Charadrius voci f erus 
 Pluvial is dominica 
 Pluvial is squatarola 
 Aphriza virgata 
 Arenaria interpres 
 Arenaria melanocephala 
 Capella gallinago 
 Nuroenius americanus 
 Nuraenius phaeopxis 
 Actitis macularia 
 Tringa solitaria 
 Heteroscelus incanus 
 Tringa melanoleuca 
 
Common Name 
 
 Scientific Name 
 
 Family Opheliidae 
 Family Orbinidae 
 
 Family Oweniidae 
 
 Family Paraonidae 
 Family Phyllodocidae 
 
 Family Polynoidae 
 
 Family Sabellidae 
 
 Family Scalibregrm' dae 
 Family Serpulidae 
 
 Family Sigalionidae 
 
 Family Spionidae 
 
 Plume vonn 
 
 Calcareous tube worm 
 
 Armandia brevis 
 
 Haploscolophos eloneatus 
 
 Nainerei s sp. 
 
 Scoloplos armlger 
 
 Scoloplos pugettensis 
 
 Myriochele oculata 
 
 Ovenia fulsi formls 
 
 Aricldea sp. 
 
 Eteone longa 
 
 Eteone sp. 
 
 Eulalia san guinea 
 
 Eulalia sp. 
 
 Phyllodoce mac ul at a 
 
 Phyllodoce sp. 
 
 Harmothoe imbricata 
 
 Harmothoe sp. 
 
 Lepidonotus squamatus 
 Unidentified sp. 
 
 Chone infundibuliformis 
 Fabricia sabella oreconics 
 Potamilla neglecta 
 Pseudopotamilla reni formls 
 Unidentified sp. 
 Scalibregma Inflatum 
 Serpula vermlcularls 
 Unidentified sp. 
 Pholoe ml nut a 
 Unidentified sp. 
 Boccardia sp. 
 Polydora callfornica 
 Polydora llgnl 
 Polydora sp. 
 Prlonospio clrrlfera 
 Prlonosplo plnnata 
 Prlonospio steenstrupl 
 Pseudopolydora kempl japcr. 
 Scolelepsls follosa 
 Scolelepsls sp. 
 SdIo fillcornls 
 
 Family Sternaspidae 
 Family Syllidae 
 
 Sea grub 
 
 Splophanes bombyx 
 Splophanes clrrata 
 Unidentified sp. 
 Sternasnls fossor 
 Exogone sp. 
 Syllls sp. 
 
Common Kazbe 
 
 Scientific Wane 
 
 Lesser Yellowlegs- -•'— 
 Bed Knot 
 Rock Sandpiper 
 Sharp-tailed Semdpiper 
 Pectoral Sandpiper 
 Baird*s Sandpiper- 
 Least Sandpiper 
 Dunlin 
 
 Short-billed Dovitcher 
 Long-hilled Dovitcher - 
 Stilt Sandpiper 
 Semipalmated Sandpiper- 
 Western Sandpiper 
 Marhled Godvlt 
 Sanderling 
 Wilson's Phalarope 
 Northern Phalarope 
 Parasitic Jaeger 
 Glaucous Gull 
 Glaucous -winged Gull 
 Western Gull— -- 
 Herring Gull 
 Thayer's Gull 
 California Gull 
 Sing-hilled Gull 
 Mev Gull 
 Franklin's Gull 
 Bonaparte's Gull 
 Eeerman's Gull 
 Common Tern 
 Caspian Tern 
 Common Nurre 
 Pigeon Guillemot 
 Marhled Mur relet 
 Ancient Mur relet 
 Rhinoceros AtJclet 
 Tufted Puffin 
 Band-tailed Pigeon 
 Rock Dove 
 Moxirning Dove 
 Bam Owl 
 Screech Owl 
 Great Horned Owl 
 Snowy Owl 
 Pygny Owl 
 
 Tringa flavipes 
 Calidris canutus 
 Calidris ptilocnemis 
 Calidris aciiminata 
 Calidris melanotos 
 Calidris hairdii 
 Calidris mlnutilla 
 Calidris alpina 
 Limnodromus griseus 
 Limnodromus scolopaceus 
 Micropalama hlmantopus 
 Calidris pusillus 
 Calidris mauri 
 Limosa fedoa 
 Calidris alha 
 Steganopus tricolor 
 Lopipes Ibbatus 
 Stercorarius parasiticus 
 Larus h>-Derboreus 
 
 Larus glaucescens 
 Larus occldentalis 
 Larus argentatus 
 Larus thayeri 
 Larus californlcus 
 Larus delawarensis 
 
 Larus canus 
 Larus pipixcan 
 Larus Philadelphia 
 Larus heermanni 
 Sterna hirundo 
 Hydroprogne caspia 
 Urla aalge 
 Cepphus cblumba 
 Brachyramphus marmoratum 
 Synthliboraraphus antiquum 
 Cerorhinca nonocerata 
 Lunda cirrhata 
 Columba fasciata 
 Columba llvla 
 Zenaldura macroura 
 Tyto alba 
 Otus asio 
 Bubo vlrglnlanus 
 nyctea scandla 
 Glaucidlum gnoma 
 
Common Name 
 
 Scientific Name 
 
 Barred Owl 
 
 Long-eared Owl 
 
 Short-eared Owl 
 
 Sav-whet Owl 
 
 Common Nighthawk 
 
 Black Swift 
 
 Vaux's Swiff -— ^ 
 
 Rufous Hummingbird 
 
 Belted Kingfisher 
 
 Common Flicker-^=~ =^— — -- 
 
 Pile at ed Woodpecker 
 
 Lewis ' Woodpecker 
 
 Yellow-hellied Sapsucker 
 
 Hairy Woodpecker 
 
 Downy Woodpecker 
 
 Eastern Kingbird 
 
 Western Kingbird 
 
 Willow Flycatcher 
 
 Hammond's Flycatcher 
 
 Western Flycatcher 
 
 Western Wood Pewee 
 
 Olive-sided Flycatcher 
 
 Horned Lark 
 
 Violet-green Swallow 
 
 Tree Swallow 
 
 Bank Swallow 
 
 Bough-winged Swallow 
 
 Bam Swallow 
 
 Cliff Swallow 
 
 Purple Martin 
 
 Gray Jay 
 
 Steller*s Jay 
 
 Common Raven 
 
 Common Crow 
 
 Clark's Nutcracker 
 
 Black-capped Chickadee 
 
 Mountain Chickadee 
 
 Chestnut-backed Chickadee 
 
 Bushtit 
 
 Red-brested Nuthatch 
 
 Brown Creeper 
 
 Dipper 
 
 House Wren 
 
 Winter Wren 
 
 Bewick's Wren 
 
 Long-Billed Marsh Wren 
 
 Strix varia 
 Asio otus 
 Asio flaTTiTneus 
 Aegolius ac adieus 
 Chordeiles minor 
 Cypseloides niger 
 Chaetura vauxi - 
 Selasphorus rufus 
 Megaceryle alcyon 
 Colaptes auratus 
 Dryocopus pileatus 
 Asyndesmus lewis 
 Syphyrat>i cus varius 
 Pendrocopos villosus 
 Dendrocopos pubescens 
 Tyrannus tyrannus 
 Tyr annus verticalis 
 Empldonax traillii 
 Empldonax harjnondii 
 Emnidonax difficilis 
 Contopus sordldulus 
 Nuttallornix borealis 
 
 Eremophila alpestris 
 Tachycineta thalassina 
 Iridoprocne bicolor 
 Riparia riparia 
 Stelgidopteryx rufi colli s 
 Hirundo rustica -^ " 
 Fetrocbenlidon pyrrhonota 
 Progne* sub is 
 Perisoreus canadensis 
 Cyanacitta stelleri 
 Corvus corax 
 Corvus brachyrhynches 
 Nucifraga colimbiana 
 Parus atricapillus 
 Par us gambeli 
 Parus rufrescens 
 Psaltriparus minimus 
 Sitta canadensis 
 Certhia familiaris 
 
 Cinclus roexicanus 
 Troglodytes aedon 
 Troglodytes troglodytes 
 Thryomanes bewickii 
 Telmatodytes nalustris 
 
Common Name 
 
 Scientific Name 
 
 Mockingbird 
 
 American Eobin 
 
 Varied Thrush 
 
 Hermit Thrush 
 
 Svainson's Thrush 
 
 Mountain Bluebird 
 
 Tovrnsend's Solitaire 
 
 Water Pipit 
 
 Cedar Waxving 
 
 Golden-crovned Kinglet 
 
 Buhy-crovned Kinglet 
 
 Northern Shrike 
 
 Starling 
 
 Button's Vireo 
 
 Solitary Vireo 
 
 Eed-eyed Vireo 
 Warbling Vireo 
 
 Orange-crovned Warbler 
 
 Kashville Warbler 
 Yellov Warbler 
 Yellov-rumped' Warbler 
 Black- throated Gray Warbler 
 Tovrnsend's Warbler 
 MacGillivray's Warbler 
 Common Yellow- thro at 
 Wilson's Warbler 
 House Sparrow 
 West'»T-n Meadowlark 
 Yellow-headed Blackbird 
 Red-winged Blackbird 
 Northern Oriole 
 Brewer's Blackbird 
 Brown-headed Cowbird 
 Western Tanager 
 Black-headed Grosbeak 
 Lazioli Bunting 
 Evening Grosbeak 
 Purple Finch 
 House Finch 
 Pine Grosbeak 
 Gray-crowned Rosy Finch 
 Pine Siskin 
 American Goldfinch 
 Red Crossbill 
 
 Mimus polyglottos 
 Turdus aigratorius 
 Ixoreus naevlus 
 
 Hylocichla guttata 
 
 Catharus ustulata 
 
 Sialia currucoides 
 
 >tyadestes towns endi i---" .. •-- 
 
 Anthus spinoletta 
 
 Bombycilla cedrorum ^ 
 
 Regulus satrapa -— — - 
 
 Regulus calendula , 
 
 Lanius excubitor 
 
 Sturnus vulgaris 
 
 Vireo huttoni 
 
 Vireo solitarius 
 
 Vireao olivaceus 
 
 Vireo gilvus 
 
 Dendroica towns endi 
 
 Vermivora ruficapilla 
 
 Dendroica petchia 
 
 Dendroica coronata 
 Dendroica nigrescens 
 Dendroica towns endi 
 Oporornis tolmiei 
 Geothlypis tricha^ 
 Wilsonia pus ill a 
 Passer domesticus 
 Sturnella neglecta 
 Xan thoc eph alus Xanthocephalus 
 Agelai'us phoenicius 
 Icterus galbula 
 Euphagus cyanocephalus 
 Molothrus ater 
 Piranga ludoviciana 
 Pheucticus melanoc eph alus 
 Passerina amoena 
 Kesperiphona vespertina 
 Carpodacus purpureus 
 Carpodacus mexicanus 
 Pinicola enucleator 
 Leucosticte tephrocotis 
 Spinus pinus 
 Spinus tristis 
 Loxia curvi rostra 
 
ComiQon Name 
 
 Rufous-sided Towhee 
 Savannah Sparrov- -^. — 
 Dark- eye Junco 
 
 Tree Sparrow 
 
 Chipping Sparfbv. _ .. 
 Brewer's Sparrow 
 
 Harris ' Sparrow- . _. 
 
 White-crowned- Sparrow 
 Golden-crovnjed Sparrow .. 
 White-throated - Sparrow = 
 
 •Fox Sparrow . — _ 
 
 Lincoln's Sparrow 
 Swamp Sparrow 
 Song Sparrow 
 Lapland Longspur 
 Snow Bunting 
 
 Scientific Name 
 
 Pipilo e ry th r ophth almu s 
 Passerculus sandwlchensis 
 Junco hyemalis 
 Spizella arborea 
 Spizella passerina 
 Spizella pallida 
 Zonotrichia querula . _ _ 
 Zonotrichia leucophrys 
 Zonotrichia atricapilla 
 Zonotrichia alhicol lis ". 
 Passerella iliaca 
 Melospiza lincolnii 
 I'lelospiza georgiana 
 Melospiza melodia 
 Calcarius lapponicus 
 PlectroDhenax nivalis 
 
Common Name 
 
 Scientific Name 
 
 Bufflehead 
 
 Oldsquav 
 
 Harlequin Duck 
 
 Vhite-vinged Scoter 
 
 Surf Scoter 
 
 Black Scoter 
 
 Euddy Duck 
 
 Hooded Merganser 
 
 Common Merganser 
 
 Red-"breasted Merganser- 
 Turkey Vulture - - - 
 
 Goshawk 
 
 Sharp-shinned Hawk 
 
 Cooper's Hawk 
 
 Bed-tailed Hawk 
 
 Swanson's Hawk 
 
 Rough-legged Hawk 
 Bald Eagle 
 Marsh Hawk 
 
 Osprey 
 
 Gyrfalcon 
 
 Prairie Falcon 
 
 Peregrine Falcon 
 
 Merlin 
 
 American Kestrel 
 
 Blue Grouse 
 
 Huffed Grouse 
 
 California Quail 
 
 Bing-necked Pheasant 
 
 Sandhill Crane 
 
 Virginia Bail 
 
 Sora, 
 
 American Coot 
 
 Black Oystercatcher 
 
 Semipalroated Plover 
 
 Killdeer 
 
 American Golden Plover 
 
 Black-bellied Plover 
 
 Surfbird - 
 
 Buddy Turnstone 
 
 Black Turnstone 
 
 ComiDon Snipe 
 
 Long-billed Curlew 
 
 Whimbrel 
 
 Spotted Sandpiper 
 
 Solitary Sandpipe 
 
 Vandering Tattler 
 
 Greater Yellowlegs 
 
 Bucephala albeola - 
 Clangula hyemalis 
 Histrionicus histrionicus 
 Melanitta deglandi 
 Melanitta perspicillata 
 Melanitta nigra 
 Oxyxira jaraaicensis 
 Lophodytes cucullatus 
 Mergus merganser 
 Mergus serrator .. 
 Cathartes aura 
 Accipiter gentilis 
 Accipiter striatus 
 Accipiter cooperii 
 Buteo Jamaicensis 
 Buteo swainsoni 
 Buteo lag-opus 
 Haliaeetus leucocephalus 
 Circus cyaneus 
 
 Pandion haliaetus 
 Falco rusticolus 
 Falco mixicanus 
 Falco peregrinus 
 Fad CO columbarius 
 Falco sparverius 
 Dendragapus obscurus 
 Bonasa umbellus 
 Lophortyx californicus 
 Phasianus colchicus 
 Grus canadensis 
 Ballus limicola 
 Porzana Carolina 
 Fulica americana 
 HaeraatoDus bachmani 
 
 Charadrius semi-oalnatus 
 
 Charadrius vociferus 
 
 Pluvial is dominica 
 Pluvial is squatarola 
 Aphri za virgata 
 Arenaria interpres 
 Arenaria melanocephala 
 Capella gallinago 
 Numenius americanus 
 Numenius phaeopus 
 Actitis mac ul aria 
 Tringa solitaria 
 Heteroscelus incanus 
 Tringa melanoleuca 
 
Common Name - 
 
 Scientific Name 
 
 Common Loon 
 
 Yellov-billed Loon 
 
 Artie Loon 
 
 Fed- throated Loon 
 
 Red-necked Gre"be 
 
 Horned Grebe -• -- 
 
 Zared Grebe 
 
 Western Grebe 
 
 Ked-billed Grebe — - - 
 
 Double-crested Cormorant 
 
 Brandt's Cormorant 
 
 Pelagic Cormorant 
 
 Great Blue Heron 
 
 Green Heron 
 
 Great Egret 
 
 Black-crovned Night Heron 
 
 American Bittern 
 
 V?histling Svan 
 
 Trumpeter Svan. 
 
 Canada Goose 
 
 Black Brant 
 
 White-fronted Goose 
 
 Snov Goose 
 
 Mallard 
 
 Gadwall 
 
 Pintail 
 
 Green-vinged Teal 
 
 Blue-Winged Teal 
 
 Cinnamon Teal 
 
 European Wigeon 
 
 American Wigeon 
 
 Northern Shoveler 
 
 Wood Duck 
 
 Redhead 
 
 Ring-necked Duck 
 
 Canvasback 
 
 Greater Scaup 
 
 Lesser Scaup 
 
 Common Gold en eye 
 
 Barrow's Goldeneye 
 
 Gavia immer 
 Gavia adamsii 
 Gavia arctica 
 Gavia stellata - - 
 PodiceDS griseig-ena 
 Podiceps auritus 
 Podiceps nigricollis 
 Aechmonhorus occidentalis 
 Podilymbus podicens 
 Phalacrocorax auritus 
 Phalacrocorax penicillatus 
 Phalacrocorax pelagicus 
 Ardea herodias 
 Butorides virescens 
 Casmerodius alb us 
 Nycticorax nycticorax 
 Botaurus lentiginosus 
 Olor columbianus 
 Olor buccinator 
 
 Branta canadensis 
 
 Branta bernicla 
 
 Anser albifrons 
 Chen caerulescens 
 
 Anas -platyrhynchos 
 
 Anas strepera 
 
 Anas acuta 
 
 Anas crecca 
 
 Anas ■ discors 
 
 Anas cyanoptera 
 
 Anas penelope 
 
 Anas" americana 
 
 Anas clypeata 
 
 Aix sponsa 
 
 Aythya americana 
 
 Ay thy a collaris 
 
 Aythya valisineria 
 
 Aythya marila 
 
 Aythya . affinis 
 
 Bucephala clangula 
 
 Buceuhala islandica 
 
 Compiled from Jeffery 1976, Lavers 1975, Xavers , 1972-75, Anderson, 
 Fackler arid Franklih 1-977 with revisions by Steven Sweeney, 1978. 
 
Common Name 
 
 Scientific Name 
 
 Family Fbolidae 
 
 Family -Ammodytidae 
 Order Scorpaeni formes 
 Family Scorpaeni dae 
 
 Family Kexagrammidae 
 Family Cottidae 
 
 Family Agonidae 
 
 Family Cyclopteridae 
 
 Order PI euronecti formes 
 Family Bothidae 
 Family PI euronecti dae 
 
 Penpoint gunnel 
 Crescent gunnel 
 Saddleback gunnel 
 Pacific sand lance 
 
 Tellov rockfish 
 
 Sharpchin rockfish 
 
 Lingcod 
 
 Padded sculpin 
 
 Silverspotted sculpin 
 
 Buffalo scTilpin 
 
 Soft sculpin 
 
 Pacific staghorn sculpin 
 
 Great sculpin 
 
 Sailfin sculpin 
 Tadpole sciilpin 
 Grunt sculpin 
 Bibbed scxilpin 
 Sturgeon poacher 
 Smooth alligator fish 
 Tubenose poacher 
 Pacific spiny lumpsucker 
 Spotted snailfish 
 Tidepool snailfish 
 
 Speckled sanddab 
 Arrovtooth flotonder 
 Bock sole 
 Slender sole 
 Dover sole 
 Inrlish sole 
 jJtarry floxmder 
 Sand sole 
 
 Apodichthys flavidus . 
 Pholis laeta 
 Pholi s ornata 
 Amroodytes hexapterus 
 
 Sebastec flavidus 
 Sebastes zacentrus 
 Qphiodon el on rat us 
 Artedius fenestralis 
 Blensias cirrhosus 
 Enophrys bison 
 Gilbert! di a sigalutes 
 Leotocottus arnatus 
 Myoxocephalus 
 
 polyacanthocephalus 
 Nautichthys oculofasciatus 
 Psychrolutes paradoxus 
 Phaiiphocottus richardsoni 
 Triglops pinceli 
 Agonus acipenserinus 
 Anoplagonus inermis 
 Pallasina barb at a aix 
 Eum.icrotreaus orbis 
 Li pari s callyodon 
 Linaris florae 
 
 Citharlchthys stigrr.aeus 
 Atheresthes stomias 
 Lepidopsetta bilineata 
 Lyopsetta exilis 
 Microstomus pacificus 
 Parophrys vetxilus 
 Platichthys stellatus 
 Psettichthys mela.nostictus 
 
I 
 
 Common Name 
 
 Scientific Name 
 
 Class Chondrichthyes 
 Subclass Elasmobranchii 
 Order Squali formes 
 Family Squalidae 
 Order Rajiformes 
 Family Rajidae 
 Subclass Holocephali 
 Order Chimaeri formes 
 Family Chimaeri dae 
 
 Class Osteichthyes 
 
 Order Clupei formes 
 Family Clupei dae 
 
 Family Engraulidae 
 Order Salmon! formes 
 Family Salmonidae 
 
 Family Osmeridae 
 
 Order !-^c tophi formes 
 Family Kyctophidae 
 
 Order Gobi esoci formes 
 Family Gobi esoci dae 
 
 Order Gadi formes 
 Family Gadi dae 
 Family Ophidiidae 
 Family Zoarcidae 
 
 Order Gasterostei formes 
 Family Gasterosteidae 
 Family Syngnathidae 
 
 Order Ferci formes 
 Family Embiotocidae 
 Family Trichodontidae 
 Family Stichaeidae 
 
 Spiny dogfish 
 Big Skate 
 
 Rat fish 
 
 Pacific herring 
 
 Northern anchovy 
 
 Pink salmon 
 
 Chum salmon 
 
 Coho salmon 
 
 Sockeye salmon 
 
 Chinook salmon 
 
 Coastal cutthroat trout 
 
 Dolly Varden 
 
 Surf smelt 
 
 Longfin smelt 
 
 Northern lampfish 
 
 Northern clingfish 
 
 Pacific tomcod 
 Red brotula 
 Blackbelly eelpout 
 
 Threespine stickleback 
 Bay pipefish 
 Shinier perch 
 
 Pacific sandfish 
 Snake prickleback 
 Bluebarred prickleback 
 Black prickleback 
 
 Squalus acemthias 
 Raja binoculata 
 
 Hydrolagus colliei 
 
 Clupea harengus pallasi 
 
 Engraulis mordax mordax 
 Oncorhynchus gorbuscha 
 Oncorhynchus keta 
 Oncorhynchus kisutch 
 Oncorhynchus nerka 
 Oncorhynchus tshavytscha 
 Salmo clarki clarki 
 Salvelinus malma 
 Hypomesus pretiosus pretios' 
 S-Dirinchus tha leichthys 
 
 Stenobrachius leucopsarus 
 Gobiesox maeandricus 
 
 Micropadus proximus 
 Brosmophycis marginata 
 Lycodopsis pacifica 
 
 Gasterosteus aculeatus 
 Syngnathus griseolineatus 
 Cymatogaster a^gregata 
 
 Trichodon trichodon 
 Lumpenus sagitta 
 Plectobranchus evides 
 Xiphister atropurpureus 
 
 Compiled from Sylvester and Clogston 1958, DeLacey and Miller 1972, Miller et al. unpi. 
 
 « lished data. 
 
 ^ Nomenclature after Hart 1973. 
 
Cozninon Name 
 
 Scientific Narae 
 
 Family Pholidae 
 
 Family Armaodytidae 
 Order Scorpaeni formes 
 Family Scorpaeni dae 
 
 Family Kexagrammidae 
 Family Cottidae 
 
 Family Ago ni dae 
 
 Family Cyclopteridae 
 
 Order PI euronecti formes 
 Family Bothidae 
 Family Plexironectidae 
 
 Penpoint gunnel 
 Crescent gunnel 
 Saddleback gunnel 
 Pacific sand lance 
 
 Tellov rockfish 
 
 Sharpchin rockfish 
 
 Lingcod 
 
 Padded sciilpin 
 
 Silverspotted sciilpin 
 
 Buffalo scxilpin 
 
 Soft sculpin 
 
 Pacific staghorn sculpin 
 
 Great sc\ilpin 
 
 Sailfin sculpin 
 Tadpole sculpin 
 Grunt scxilpin 
 Fibbed sculpin 
 Stxirgeon poacher 
 Smooth alligator fish 
 Tubenose poacher 
 Pacific spiny lumpsucker 
 Spotted snailfish 
 Tidepool snailfish 
 
 Speckled sanddab 
 Arrovtooth floumder 
 Pock sole 
 Slender sole 
 Dover sole 
 English sole 
 S'tarry flo\ander 
 Sand sole 
 
 Apodichthys flavidus . 
 Pholis laeta 
 Pholi s ornata 
 Amroodytes hexapterus 
 
 Sebastec flavidus 
 Sebastes zacentrus 
 Qphiodon elonratus 
 Artedius fenestralis 
 Blepslas cirrhosus 
 Enophrys bison 
 Gilbertldia sigalutes 
 Leptocottus arc at us 
 >typxocephalus 
 
 polyacanthocephalus 
 Nautichthys oculofasciatus 
 Psychrolutes paradoxus 
 Phajiphocottus richardsoni 
 Triglops pinceli 
 Agonus acipenserinus 
 Anoplagonus Inermis 
 Pallasina barb at a aix 
 Eumic rot r emus orbis 
 Li Paris callyodon 
 LiDaris florae 
 
 Citharichthys stigmaeus 
 Atheresthes stomias 
 Lepldopsetta bllineata 
 Lyopsetta exilis 
 Microstomus pacificus 
 Parophrys vetulus 
 Platichthys stellatus 
 Psettichthys roelanostictus 
 
Common Name 
 
 Scientific Name 
 
 Phylum Chordata 
 Subphylum Urochordata 
 Class Larvae ea 
 Class Ascidiacea 
 
 Hairy sea squirt 
 
 Oikopleura sp. 
 Boltenia villosa 
 
 Broad base sea squirt Cnemldocarpa finmarklensig 
 Warty sea squirt Pyura haustor 
 
•Comnon Name 
 
 Scientific Name 
 
 Suborder Beptantia 
 Section Astacura 
 SuperfazDily Thallassinoidea Ghost shrisip 
 
 Mud shrimp 
 Section Anoznxira 
 Superfamily Galatheoidea Porcelain crab 
 Superfamily Paguroidea Hermit crab 
 
 Hairy hermit crab 
 
 Section Brachyura 
 
 Subsection Brachygnatha 
 
 Infrasubsection Oxyrhyncha Decorator crab 
 
 Spider crab 
 Kelp crab 
 
 Infrasubsection Brachyrhyncha 
 
 Dungeness crab 
 Bed rock crab 
 Purple shore crab 
 Green shore crab 
 
 Burrow crab 
 Helmet crab 
 
 Callianassa californiensis 
 Upogebia pugettensis 
 
 Petrolisthes eriomerus 
 
 Pagurus granosiaanus 
 Pagurus hlrsutlusculus 
 Pagurus kennerlyi 
 
 Oregon! a gracilis 
 Pugettis gracilis 
 Pugettia producta 
 
 Cancer magi star 
 Cancer productus 
 Hemigrapsus nudus 
 Hemigrapsus oregonensis 
 Pinnixa occidentalis 
 Pinnixa schmitti 
 Pinnixa tubicola 
 Telmessus cheiragonus 
 
 Phylum Bryozoa 
 Phylum Brachiopoda 
 
 Lamp shell 
 
 Unidentified sn. 
 
 Terebratalia transversa 
 
 Phylum Echinodennata 
 Class Ophiuroidea 
 
 Class Asteroidea 
 
 Class Echinoidea 
 Class Holothuroidea 
 
 Blood star 
 Six-rayed sea star 
 
 Sunflower star 
 Green sea urchin 
 
 Bed sea cucumber 
 White sea cucumber 
 
 Amphiodia urtica 
 Diamphiodia periercta 
 Unidentified sp. 
 Henricia le\duscula 
 Leptasterlas hexactis 
 Pisaster ochraceus 
 Pycnopodla helianthoides 
 Strongylocentrotus 
 droebachiensis 
 
 Cucumaria miniata 
 
 Eupentacta quinguesemita 
 Leptosynapta sp. 
 
 Phylxun Chaetognatha 
 
 Arrow worm 
 
 Sagitta elegans 
 
Common Hame 
 
 Scientific Name 
 
 Suborder. Anthuridea 
 Suborder Flabellifera 
 Order Amphipoda 
 
 Suborder Hyperiidea 
 Suborder Gammaridea 
 
 Olive green isopod 
 
 Oregon pill bug 
 
 Beach hopper 
 
 Suborder Caprellidea 
 
 Superorder 
 Order Decapoda 
 Suborder Katantia 
 Section Caridea 
 Family Crangonidae 
 
 Family Hippolytidae 
 
 Corophid 
 Gammarid 
 Lysianassid 
 Phoxocephalid 
 Skelton shrimp 
 
 Gray shrimp 
 
 Tdotea vosnesenskii' 
 Snyidotea angiilata 
 Snyidotea bicuspida 
 Paranthura elegans 
 Gnorimosphaeroma oregonens 
 
 Unidentified sp. 
 Ampelisca pugettica 
 Ampithoe lacertosa 
 AmDithoe valida 
 Anisogammarus confervicol'u 
 AnisQgammarus pucettensis 
 Aoroides columbiae 
 Corophimn sp. 
 Hyale frequens 
 Ischrocerus anquipes 
 Melita dentata 
 Orchestia transklsma 
 Orchomene sp. 
 Parallorchestes ochotensii 
 Paraphoxus sp. 
 Fhotis brevjpes 
 Photis sp. 
 Pontogenia sp. 
 Protomedla sp. 
 Unidentified sp. 
 Unidentified sp. 
 Unidentified sp. 
 Unidentified spp. 
 Caprella leviuscula 
 Metacaprella anomala 
 Metacaprella kennerlyi 
 Unidentified sp. 
 
 Crsmgon nigricanda 
 Sclerocrangon alata 
 Unidentified sp. 
 
CosoDon Name 
 
 Scientific Name 
 
 Family Terebellidae 
 
 Class Oligochaeta 
 Phyliam Priapulida 
 Phylum Sipuncula 
 
 Phylum Arthropoda 
 Class Crustacea 
 
 Subclass Branchiopoda 
 
 Order Cladocera 
 Subclass Ostracoda 
 Subclass Copepoda 
 Order Calanoida 
 
 Order Karpacticoida 
 Order Cyclopoida 
 Order Monstrilloida 
 Subclass Cirripedia 
 Order Thoracica 
 
 Subclass Malacostraca 
 Superorder Phyllocarida 
 
 Order Leptostraca 
 Superorder Peracarida 
 
 Order Cumacea 
 
 Order Tanaidacea 
 
 Order Isopoda 
 Suborder Valvifera 
 
 Horse barnacle 
 Acorn barnacle 
 
 Eelgrass isopod 
 
 Amphitrite cirrata 
 Eupolymnla heterobranchia 
 Pista sp. 
 
 Polycirrus kerguelenensis 
 Unidentified sp. 
 
 Priapulus caudatus 
 
 Golfingia pugettensis 
 Siphonoscma ingens 
 Unidentified sp. 
 
 Podon sp. 
 Unidentified sp. 
 Microsetella norvegica 
 Acartia clausi 
 Calanus finmarchlcus 
 Microcalanus pusillus 
 Pseudocalanus minutus 
 Harpacticus spp. 
 Corycaeus affinis 
 Unidentified sp. 
 
 Balanus cariosus 
 Balanus crenatus 
 
 Balanus glandula 
 
 Nebalia sp. 
 
 Diastylis sp. 
 Oxyurostylis sp. 
 Leptochelia savignyi 
 Leptochelia sp. 
 Pancolus californiensis 
 Unidentified sp. 
 
 Idotea aculeata 
 Idotea fevkesi 
 
 Idotea resecata 
 
 Idotea rufescens 
 
Comraon Name 
 
 Scientific Name 
 
 Order Marsupials 
 
 Family Didelphidae 
 
 Order Insectivora 
 Family Soricidae 
 
 Order Lagomorpha 
 Family Leporidae 
 
 Order Rodentia 
 
 Family Sciuridae 
 Family Castoridae 
 Family Cricetidae 
 
 Subfamily Microtinae 
 
 Virginia opossiim 
 Vagrant shrev 
 Eastern cottontail 
 
 Douglas' squirrel 
 Beaver 
 
 Tovns end's vole 
 Musk rat 
 
 Didelphis virginiema 
 
 Sorex vacrans 
 
 Svlvilagus floridanus 
 
 Tamiasciurus douclasii 
 Castor canadensis 
 
 Microtus tovnsendii 
 Ondatra zibethicus 
 
 Order Carnivora 
 Family Canidae 
 
 Family Procyonidae 
 Family Mustelidae 
 
 Coyote 
 Red fox 
 Raccoon 
 Striped skunk 
 River otter 
 
 Can is latrans 
 Vulpes vulpes 
 Procyon lotor 
 Mephitis mephitis 
 Lutra canadensis 
 
 Order Pinnipedia 
 Family Phocidae 
 
 Order Artiodactyla 
 Family Cervidae 
 
 Harbor seal. 
 
 Black-tailed deer 
 
 Phoco vitulina 
 
 Odocoileus hemionus 
 columbianus 
 
 ^ Compiled from observations of tracks and droppings, mammal sightings and 
 conversations vith local people at Padilla Bay. 
 
 ^ Nomenclature after Jones et al. 1975' 
 
APPENDIX IX 
 Regulations and Policies Related to Padilla Bay 
 
Chapter 90.58 RCW 
 SHORELINE MANAGEMENT ACT OF 1971 
 
 Sections 
 
 90.58.010 Short title. 
 
 90.i8.020 Lciislative finding*— —Sute policy enunciated . 
 
 U*e preference. 
 90J8.030 Definitions and ooncepu. 
 
 90.38.040 Program applicable to shorelines of the sute. 
 
 90.58.050 Program as cooperative between local government 
 
 and state Responsibilities differentiated. 
 
 90.58.060 Timetable for adoption of initial guidelines Public 
 
 bearings, notice of. 
 
 90.58.070 Local governments to submit letters of intent 
 
 Department to aa upon failure of local government. 
 
 90.58.080 Tlmeuble for local govemmenu to complete shore* 
 
 line inventories and master programs. 
 
 90J8.090 Approval of master program or segmenu thereof, 
 
 when Departmenul alternatives when shorelines 
 
 of state-wide significance Later adoption of 
 
 master program lupenedes departmental program. 
 
 90.58.100 Programs as constituting use regulations Duties 
 
 when preparing programs and amendmenu 
 thereto Program contenu. 
 
 90.58. HO Development of program within two or more adjacent 
 
 local government jurisdictions Development of 
 
 program in segments, when. 
 
 90.58.120 Adoption of rules, programs, etc.. subject to RCW 
 
 34.04.025 Public hearings, notice of Pvblic 
 
 inspection after approval or adoption. 
 
 90.58.130 Involvement of all persons and entities having inter- 
 
 est, means. 
 
 90.58.140 Development permits Grounds for granting 
 
 Administration by local government, conditions 
 
 Applications Notices^— Rescission When 
 
 permits not required Approval when permit for 
 
 variance or conditional use. 
 
 90.58.145 Subsuntial development permit Structures at 
 
 temporary ferry terminals Hood Canal 
 
 bridge Removal of struaures. 
 
 90.58.150 Selective commercial timber cutting, when. 
 
 90.58.160 Prohibition against surface drilling for oil or gas, 
 
 where. 
 
 90.58.170 Shorelines bearings board Esublished Mem- 
 
 bers Chairman— —Quorum for decision 
 
 Expenses of members. 
 
 90.58.175 Rules and regulations. 
 
 90.58.180 Appeals from granting, denying or rescinding per- 
 mits, procedure Board to act, when Local 
 
 government appeals to board Grounds for de- 
 claring master program invalid Appeals to 
 
 court, procedure. 
 
 90.58.190 Review and adjustments to master programs. 
 
 90.58.200 Rules and regulations. 
 
 90.58.210 Court actions to insure against conflicting uses and to 
 
 enforce. 
 
 90.58.220 General penalty. 
 
 90.58.230 Violators liable for damages reaulting from viola* 
 tion Attorney's fees and costs. 
 
 90.58.240 Additional authority granted department and local 
 
 govemmenu. 
 
 90.58.250 Department to cooperate with local governments 
 
 Granu for development of master programs. 
 
 90.58.260 Sute to represent iu interest before federal agencies, 
 
 interstate agencies and couru. 
 
 90.58.270 Nonapplication to certain structures, docks, develop- 
 ments, etc., placed in navigable waters Nonap- 
 plication to certain righu of action, authority. 
 
 90.58.280 Application to all sute agencies, counties, public and 
 
 municipal corporations. 
 
 90.58.290 Restrictions as afTecting fair market value of 
 
 property. 
 90.58.300 Department as regulating sute agency Special 
 
 authority. 
 90.58.310 Designation of shorelines of state-wide significance 
 
 by legislature Recommendation by director, 
 
 procedure. 
 90.58.320 Height limiution respecting permits. 
 
 90.58.330 Study of shorelines of cities and towns submitted to 
 
 legislature -Scope. 
 
 90.58.340 Use policies for land adjacent to shorelines, develop- 
 
 ment of. 
 90.58.350 Nonapplication to treaty rights. 
 
 90.58.360 Existing requirements for permiu, certificates, etc.. 
 
 not obviated. 
 
 90.58.900 Liberal construction 1971 exj, c 286. 
 
 90.58.910 Severability 1971 exj. c 286. 
 
 90.58.920 Effective date 1971 cxj. c 286. 
 
 90.58.930 Referendum to the people 1971 esj. c 286— 
 
 Determining if act continues in force and effect. 
 
 Marine oil- pollution- 
 43.21A.420. 
 
 -Baseline study program; RCW 43.21A.405- 
 
 RCW 90.58.010 Short title. This chapter shaH be 
 known and may be citeti as the 'Shoreline Management 
 Act of 1971". [1971 ex.s. c 286 § I.] 
 
 RCW 90.58.020 Legislative findings— —State policy 
 
 enunciated Use preference. The legislature finds that 
 
 the shorelines of the state are among the most valuable 
 and fragile of its natural resources and that there is 
 great concern throughout the state relating to their uti- 
 lization, protection, restoration, and preservation. In ad- 
 dition it finds that ever increasing pressures of additional 
 tises are being placed on the shorelines necessitating in- 
 creased coordination in the management and develop- 
 ment of the shorelines of the state. The legislature 
 further finds that much of the shorelines of the state and 
 the uplands adjacent thereto are in private ownership; 
 that unrestriaed construction on the privately owned or 
 publicly owned shorelines of the state is not in the best 
 public interest; and therefore, coordinated planning is 
 necessary in order to protect the public interest associ- 
 ated with the shorelines of the state while, at the same 
 time, recognizing and protecting private property rights 
 consistent with the public interest. There is, therefor, a 
 clear and urgent demand for a planned, rational, and 
 concerted effort, jointly performed by federal, stale, and 
 local governments, to prevent the inherent harm in an 
 uncoordinated and piecemeal development of the state's 
 shorelines. 
 
 It is the policy of the state to provide for the manage- 
 ment of the shorelines of the state by planning for and 
 fostering all reasonable and appropriate uses. This policy 
 is designed to insure the development of these shorelines 
 in a manner which, while allowing for limited reduction 
 
 (1979 Laws) 
 
 (Cb. 90 J8 RCW— p H 
 
1 
 
 90.58.020 
 
 Shoreline Management act of 1971 
 
 of rights of the public in the navigable waters, will pro- 
 mote and enhance the public interest. This policy con- 
 templates protecting against adverse effects to the public 
 health, the land and its vegetation and wildlife, and the 
 waters of the state and their aquatic life, while protect- 
 ing generally public rights of navigation and corollary 
 rights incidental thereto. 
 
 1 he icgisiuture declares that the interest of all of the 
 people shall be paramount in the management of shore- 
 lino of 2ttatc-widc significance. The department, in 
 adopting guidelines for shorelines of state-wide signifi- 
 cance, and local government, in developing master pro- 
 ^r^ms for shorelines of state-wide significance, shall 
 give preference to uses in the following order of prefer- 
 ence which: 
 
 (1) Recognize and protect the state-wide interest over 
 local interest: 
 
 (2) Preserve the natural character of the shoreline; 
 
 (3) Result in long term over short term benefit; 
 
 (4) Protect the resources and ecology of the shoreline; 
 
 (5) Increase public access to publicly owned areas of 
 the shorelines; 
 
 (6) Increase recreational opportunities for the public 
 in the ihorclins.; 
 
 {!) Prcvidc for any other element as defined in 
 'K"W 90.58.100 deemed appropriate or necessary. 
 In ilic implementation of this policy the public's op- 
 u it> lo enjoy the physical and aesthetic qualities of 
 nuiurul sii...-clinc>» of the state shall be preserved to the 
 greatest extent feasible consistent with the overall best 
 interest of the state and the people generally. To this end 
 uses shall be preferred which are consistent with control 
 of pollution and prevention of damage to the natural en- 
 vironment, or are unique to or dependent upon use of the 
 state's shoreline. Alterations of the natural condition of 
 the shorelines of the state, in those limited instances 
 when authorized, shall be given priority for single family 
 "i*Jences, ports, shoreline recreational uses including 
 but not limited to parks, marinas, piers, and other im- 
 provements facilitating public access to shorelines of the 
 state, industrial and commercial developments which are 
 particularly dependent on their location on or use of the 
 shorelines of the state and other development that will 
 provide an opportunity for substantial numbers of the 
 people to enjoy the shorelines of the state. 
 
 Permitted uses in the shorelines of the state shall be 
 designed and conducted in a manner to minimize, inso- 
 far as practical, any resultant damage to the ecology and 
 environment of the shoreline area and any interference 
 with the public's use of the water. [197] ex.s. c 286 § 2.] 
 
 *R' scr't aoie In subiection (7), a literal traiuiation of the wuion 
 law': reference '. . . section 1 1 of this 1971 act. . .* would read 'RCW 
 90.28.) 10*. The above reference to 'RCW 90.38.100' which codifies 
 seaion 1 of this la is believed proper in that ( 1 ) section 1 liiu the 
 elcmenu includable within the master programs while section 1 1 nei- 
 ther defines nor mentions such elemenu, and (2) in the course of pas- 
 sage of the bill, seaion 7 was deleted causing old section 11 to b« 
 renumbered seaion 10, but the above reference was not amended in 
 consonance with the renumbering. 
 
 RCW 90.58.030 Deflnitions and concepts. As used 
 in this chapter, unless the context otherwise requires, the 
 following definitions and concepts apply: 
 
 (1) Administration: 
 
 (a) 'Department* means the department of ecology; 
 
 (b) 'Director' means the director of the department 
 of ecology; 
 
 (c) 'Local government* means any county, incorpo- 
 rated city, or town which contains within its boundaries 
 any lands or waters subject to this chapter; 
 
 (d) 'Person' means an individual, partnership, corpo- 
 ration, association, organization, cooperative, public or 
 municipal corporation, or agency of the state or local 
 governmental unit however designated; 
 
 (e) 'Hearing board' means the shoreline hearings 
 board established by this chapter. 
 
 (2) Geographical: 
 
 (a) 'Extreme low tide' means the lowest line on the 
 land reached by a receding tide; 
 
 (b) "Ordinary high water mark" on all lakes, streams, 
 and tidal water is that mark that will be found by ex- 
 amining the bed and banks and ascertaining where the 
 presence and action of waters are so common and usual, 
 and so long continued in all ordinary years, as to mark 
 upon the soil a character distinct from that of the abut- 
 ting upland, in respect to vegetation as that condition 
 exists on June 1, 1971 or as it may naturally change 
 thereafter: Provided, That In any area where the ordi- 
 nary high water mark cannot be found, the ordinary 
 high water mark adjoining salt water shall be the line of 
 mean higher high tide and the ordinary high water mark 
 adjoining fresh water shall be the line of mean high 
 water; 
 
 (c) 'Shorelines of the state' are the total of all 
 'shorelines' and 'shorelines of state-wide significance' 
 within the state; 
 
 (d) 'Shorelines* means all of the water areas of the 
 state, including reservoirs, and their associated wetlands, 
 together with the lands underlying them; except (i) 
 shorelines of state-wide significance; (ii) shorelines on 
 segments of streams upstream of a point where the mean 
 annual fiow is twenty cubic feet per second or less and 
 the wetlands- associated with such upstream segments; 
 and (iii) shorelines on lakes less than twenty acres in size 
 and wetlands associated with such small lakes; 
 
 (e) 'Shorelines of state-wide significance' means the 
 following shorelines of the state: 
 
 (i) The area between the ordinary high water mark 
 and the western boundary of the state from Cape Disap- 
 pointment on the south to Cape Flattery on the north, 
 including harbors, bays, estuaries, and inlets; 
 
 (ii) Those areas of Puget Sound and adjacent salt wa- 
 ters and the Strait of Juan de Fuca between the ordinary 
 high water mark and the line of extreme low tide as 
 follows: 
 
 (A) Nisqually Delta from DeWolf Bight to 
 
 Tatsolo Point, 
 
 (B) Birch Bay from Point Whitehorn to Birch 
 
 Point, 
 
 (C) Hood Canal from Tala Point to Foulweaiher 
 
 Bluff, 
 
 iCk. 90.M RCW— ^ 21 
 
 (1979 Uws) 
 
Sboreline MAoasement act of 1971 
 
 90^8.030 
 
 (D) Skagit Bay and adjacent area from Brown 
 
 Point to Yokeko Point, and 
 
 (E) Padilla Bay from March Point to William 
 
 Point; 
 
 (iii) Those areas of Puget Sound and the Strait of 
 Juan de Fuca and adjacent salt waters north to the Ca« 
 nadian line and lying seaward from the line of extreme 
 low tide; 
 
 (iv) Those lakes, whether natural, artificial or a com- 
 bination thereof, with a surface acreage of one thousand 
 acres or more measured at the ordinary high water 
 mark; 
 
 (v) Those natural rivers or segments thereof as 
 follows: 
 
 (A) Any west of the crest of the Cascade range 
 downstream of a point where the mean annual flow is 
 measured at one thousand cubic feet per second or more, 
 
 (B) Any east of the crest of the Cascade range down- 
 stream of a point where the annual flow is measured at 
 two hundred cubic feet per second or more, or those 
 portions of rivers east of the crest of the Cascade range 
 downstream from the first three hundred square miles of 
 drainage area, whichever is longer, 
 
 (vi) Those wetlands associated with (i), (ii), (iv), and 
 (v) of this subsection (2)(e); 
 
 (0 'Wetlands* or 'wetland areas* means those lands 
 extending landward for two hundred feet in all directions 
 as measured on a horizontal plane from the ordinary 
 high water mark; floodways and contiguous floodplain 
 areas landward two hundred feet from such floodways; 
 and all marshes, bogs, swamps, and river deltas associ- 
 ated with the streams, lakes, and tidal waters which are 
 subject to the provisions of this chapter; the same to be 
 designated as to location by the department of ecology: 
 Provided, That any county or city may determine that 
 portion of a one-hundred-year-flood plain to be in- 
 cluded in its master program as long as such portion in- 
 cludes, as a minimum, the floodway and the adjacent 
 land extending landward two hundred feet therefrom; 
 
 (g) * Floodway* means those portions of the area of a 
 river valley lying streamward from the outer limits of a 
 watercourse upon which flood waters are carried during 
 periods of flooding that occur with reasonable regularity, 
 although not necessarily annually, said floodway being 
 idcntifled, under normal condition, by changes in surface 
 soil conditions or changes in types or quality of vegeta- 
 tive ground cover condition. The floodway shall not in- 
 clude those land^ that can reasonably be expected to be 
 protected from flood waters by flood control devices 
 maintained by or maintained under license from the 
 federal government, the state, or a political subdivision 
 of the state. 
 
 (3) Procedural terms: 
 
 (a) *Guidelines* means those standards adopted to 
 implement the policy of this chapter for regulation of 
 use of the shorelines of the state prior to adoption of 
 master programs. Such standards shall also provide cri- 
 teria to local governments and the department in devel- 
 oping master programs; 
 
 (b) 'Master program* shall mean the comprehensive 
 use plan for a described area, and the use regulations 
 
 together with maps, diagrams, charts or other descrip- 
 tive material and text, a statement of desired goals and 
 standards developed in accordance with the policies 
 enunciated in RCW 90.58.020; 
 
 (c) 'State master program' is the cumulative total of 
 all master programs approved or adopted by the depart- 
 ment of ecology; 
 
 (d) 'Development' means a use consisting of the con- 
 struction or exterior alteration of structures; dredging; 
 drilling; dumping; fllling; removal of any sand, gravel or 
 minerals; bulkheading; driving of piling; placing of ob- 
 structions; or any project of a permanent or temporary 
 nature which interferes with the normal public use of the 
 surface of the waters overlying lands subject to this 
 chapter at any state of water level; 
 
 (e) 'Substantial development' shall mean any devel- 
 opment of which the total cost or fair market value ex- 
 ceeds one thousand dollars, or any development which 
 materially interferes with the normal public use of the 
 water or shorelines of the state; except that the following 
 shall not be considered substantial developments for the 
 purpose of this chapter: 
 
 (i) Normal maintenance or repair of existing struc- 
 tures or developments, including damage by accident, 
 fire or elements; 
 
 (ii) Construction of the normal protective bulkhead 
 common to single family residences; 
 
 (iii) Emergency construction necessary to protect 
 property from damage by the elements; 
 
 (iv) Construction and practices normal or necessary 
 for farming, irrigation, and ranching activities, including 
 agricultural service roads and utilities on wetlands, and 
 the construction and maintenance of irrigation structures 
 including but not limited to head gates, pumping facili- 
 ties, and irrigation channels: Provided, That a feedlot of 
 any size, all processing plants, other activities of a com- 
 mercial nature, alteration of the contour of the wetlands 
 by leveling or fllling other than that which results from 
 normal cultivation, shall not be considered normal or 
 necessary farming or ranching activities. A feedlot shall 
 be an enclosure or facility used or capable of being used 
 for feeding livestock hay. grain, silage, or other livestock 
 feed, but shall not include land for growing crops or 
 vegetation for livestock feeding and/or grazing, nor shall 
 it include normal livestock wintering operations; 
 
 (v) Construction or modiflcation of navigational aidb 
 such as channel markers and anchor buoys; 
 
 (vi) Construction on wetlands by an owner, ies^cc or 
 contract purchaser of a single family residence for hi:* 
 own use or for the use of his family, which residence 
 does not exceed a height of thirty-five feel above aver- 
 age grade level and which meets all requirements of the 
 state agency or local government having jurisdiction 
 thereof, other than requirements imposed pursuant to 
 this chapter; 
 
 (vii) Construction of a dock, designed for pleasure 
 craft only, for the private noncommercial use of the 
 owner, lessee or contract purchaser of a single family 
 residence, the cost of which does not exceed two thou- 
 sand five hundred dollars; 
 
 (viii) Operation, maintenance, or construction of ca- 
 nals, waterways, drains, reservoirs, or other facilities 
 
 (1979 Uw$) 
 
 fCh. 90J« RO%- 
 
«MK5«.»3tt 
 
 Shoreline Management act of 1971 
 
 thut now exist or urc hereafter created or developed as a 
 purt of an irrigation $>9>tcm fur the primary purpose of 
 making use of system waters, including return Row and 
 artificially stored ground water for the irrigation of 
 lands: 
 
 (i\) The marking of property lines or comers on stale 
 own :d lands, when such marking does not significantly 
 interfere with normal public use of the surface of the 
 water; 
 
 (x) Operation and maintenance of any system of 
 dikes, ditches, drains, or other facilities existing on Sep- 
 tember 8. 1975. which were created, developed, or uti- 
 1 red primarily as a part of an agricultural drainage or 
 diking system; 
 
 (xi) Any action commenced prior to February 13, 
 1981. pertaining to the restoration of interim transpor- 
 tation services as may be necessary as a consequence of 
 the destruction of the Hood Canal bridge, including, but 
 no*, limited to. improvements to highways, development 
 of park and ride facilities, and development of ferry ter- 
 minul fuciiitics until a new or reconstructed Hood Canal 
 bii»li:c is open to irafnc. |I979 I si cx.s. c 84 § 3; 1975 
 Ist tx.s. c 182 § I; 1973 Isi cx.s. c 203 § 1; 1971 ex.s. c 
 286 § 3.) 
 
 Intent 1979 1st cxj. e 84: See note following RCW 43.2IC.032. 
 
 .»c"\\ 90.58.040 Program applicable to shorelines of 
 the state, i he shoreline management program of this 
 chapter shall apply to the shorelines of the state as de- 
 fined in this chapter. (1971 ex.s. c 286 § 4.] 
 
 RCW 90.58.050 Program as cooperative between lo- 
 cal government and state Responsibilities differenti- 
 ated. This chapter establishes a cooperative program of 
 shoreline management between local government and 
 i*": .state. Local government shall have the primary re- 
 sponsibility for initiating and administering the regula- 
 tory program of this chapter. The department shall act 
 primarily in a supportive and review capacity with pri- 
 mary emphasis on insuring compliance with the policy 
 and provisions of this chapter. [1971 ex.s. c 286 § 5.] 
 
 RCW 90.58.060 Timetable for adoption of initial 
 
 guidelines Public hearings, notice of. (1) Within one 
 
 hundred twenty days from June 1, 1971, the department 
 shall submit to local governments proposed guidelines 
 consistent with RCW 90.58.020 for: 
 
 (a) Development of master programs for regulation of 
 the Uses of shorelines; and 
 
 (b) Development of master programs for regulation of 
 the uses of shorelines of state-wide significance. 
 
 (2) Within sixty days from receipt of such proposed 
 guidelines, local governments shall submit to the depart- 
 ment in writing proposed changes, if any, and comments 
 upon the proposed guidelines. 
 
 (3) Thercaiier and within one hundred twenty days 
 from the submission of such proposed guidelines to local 
 
 governments, the department, after review and consider- 
 ation of the comments and suggestions submitted to it. 
 shall resubmit final proposed guidelines. 
 
 (4) Within sixty days thereafter public hearings shall 
 be held by the department in Olympia and Spokane, at 
 which interested public and private parties shall have the 
 opportunity to present statements and views on the pro- 
 posed guidelines. Notice of such hearings shall be pub- 
 lished at least once in each of the three weeks 
 immediately preceding the hearing in one or more news- 
 papers of general circulation in each county of the state. 
 
 (5) Within ninety days following such public hearings, 
 the department at a public hearing to be held in 
 Olympia shall adopt guidelines. [1971 ex.s. c 286 § 6.] 
 
 RCW 90^8.070 Local governments to submit letters 
 
 of intent Department to act upon failure of local 
 
 government. (1) Local governments are directed with re- 
 gard to shorelines of the state in their various jurisdic- 
 tions to submit to the director of the department, within 
 six months from June 1, 1971, letters slating that they 
 propose to complete an inventory and develop master 
 programs for these shorelines as provided for in RCW 
 90.58.080. 
 
 (2) If any local government fails to submit a letter as 
 provided in subsection (1) of this section, or fails to 
 adopt a master program for the shorelines of the state 
 within its jurisdiction in accordance with the time 
 schedule provided in this chapter, the department shall 
 carry out the requirements of RCW 90.58.080 and adopt 
 a master program for the shorelines of the state within 
 the jurisdiction of the local government. (1971 ex.s. c 
 286 § 7.] 
 
 RCW 90.58.080 Timetable for local governments to 
 complete shoreline inventories and master programs. Lo- 
 cal governments are directed with regard to shorelines of 
 the state within their various jurisdictions as follows: 
 
 (1) To complete within eighteen months after June 1, 
 1971, a comprehensive inventory of such shorelines. 
 Such inventory shall include but not be limited to the 
 general ownership patterns of the lands located therein 
 in terms of public and private ownership, a survey of the 
 general natural characteristics thereof, present uses con- 
 ducted therein and initial projected uses thereof; 
 
 (2) To develop, within twenty-four months after the 
 adoption of guidelines as provided in RCW 90.58.060, a 
 master program for regulation of uses of the shorelines 
 of the state consistent with the guidelines adopted. [1974 
 ex.s. c61 § 1; 1971 ex.s. c 286 § 8.] 
 
 RCW 90.58.090 Approval of master program or 
 
 segments thereof, when Departmental alternatives 
 
 when shorelines of state-wide significance Later 
 
 adoption of master program supersedes departmental 
 program. Master programs or segments thereof shall be- 
 come effective when adopted or approved by the depart- 
 ment as appropriate. Within the time period provided in 
 
 ICK 90.58 ROV— p 4] 
 
 (1979 Law*) 
 
Sboreiine Mmaagemetit act of 1971 
 
 90^.100 
 
 RCW 90.58.080, each local government shall have sub- 
 mitted a master program, either totally or by segments, 
 for all shorelines of the state within its jurisdiction to the 
 department for review and approval. 
 
 (1) As to those segments of the master program re- 
 lating to shorelines, they shall be approved by the de- 
 partment unless it determines that the submitted 
 segments are not consistent with the policy of RCW 90- 
 .58.020 and the applicable guidelines. If approval is de- 
 nied, the department shall state within ninety days from 
 the date of submission in detail the precise facts upon 
 which that decision is based, and shall submit to the lo- 
 cal government suggested modifications to the program 
 to make it consistent with said policy and guidelines. 
 The local government shall have ninety days after it re- 
 ceives recommendations from the department to make 
 modifications designed to eliminate the inconsistencies 
 and to resubmit the program to the department for ap- 
 proval. Any resubmitted program shall take effect when 
 and in such form and content as is approved by the 
 department. 
 
 (2) As to those segments of the master program re- 
 lating to shorelines of state-wide significance the de- 
 partment shall have full authority following review and 
 evaluation of the submission by local government to de- 
 velop and adopt an alternative to the local government's 
 proposal if in the department's opinion the program 
 submitted does not provide the optimum implementation 
 of the policy of this chapter to satisfy the state-wide in- 
 terest. If the submission by local government is not ap- 
 proved, the department shall suggest modifications to 
 the local government within ninety days from receipt of 
 the submission. The local government shall have ninety 
 days after it receives said modifications to consider the 
 same and resubmit a master program to the department. 
 Thereafter, the department shall adopt the resubmitted 
 program or, if the department determines that said pro- 
 gram does not provide for optimum implementation, it 
 may develop and adopt an alternative as hereinbefore 
 provided. 
 
 (3) In the event a local government has not complied 
 with the requirements of RCW 90.58.070 it may there- 
 after upon written notice to the department elect to 
 adopt a master program for the shorelines within its ju- 
 risdiction, in which event it shall comply with the provi- 
 sions established by this chapter for the adoption of a 
 master program for such shorelines. 
 
 Upon apf)rovai of such master program by the de- 
 partment it shall supersede such master program as may 
 have been adopted by the department for such shore- 
 lines. (1971 ex.s. c286 §9.) 
 
 RCW 90.58.100 Programs as constituting us« regu- 
 btions Duties when preparing programs and amend- 
 ments thereto— —Program contents. (I) The master 
 programs provided for in this chapter, when adopted and 
 approved by the department, as appropriate, shuil con- 
 Mituic use regulations for the various shorelines of the 
 state. In preparing the master programs, and any 
 amendments thereto, the department and local govern- 
 ments shall to the extent feasible: 
 
 (a) Utilize a systematic interdisciplinary approach 
 which will insure the integrated use of the natural and 
 social sciences and the environmental design arts; 
 
 (b) Consult with and obtain the comments of any 
 federal, state, regional, or local agency having any spe- 
 cial expertise with respect to any environmental impact; 
 
 (c) Consider all plans, studies, surveys, inventories, 
 and systems of classification made or being made by 
 federal, state, regional, or local agencies, by private in- 
 dividuals, or by organizations dealing with pertinent 
 shorelines of the state; 
 
 (d) Conduct or support such further research, studies, 
 surveys, and interviews as are deemed necessary; 
 
 (e) Utilize all available information regarding hydrol- 
 ogy, geography, topography, ecology, economics, and 
 other pertinent data; 
 
 (0 Employ, when feasible, all appropriate, modern 
 scientific data processing and computer techniques to 
 store, index, analyze, and manage the information 
 gathered. 
 
 (2) The master programs shall include, when appro- 
 priate, the following: 
 
 (a) An economic development element for the location 
 and design of industries, transportation facilities, port 
 facilities, tourist facilities, commerce and other develop- 
 ments that are particularly dependent on their location 
 on or use of the shorelines of the state; 
 
 (b) A public access element making provision for 
 public access to publicly owned areas; 
 
 (c) A recreational element for the preservation and 
 enlargement of recreational opportunities, including but 
 not limited to parks, tidelands, beaches, and recreational 
 areas; 
 
 (d) A circulation element consisting of the general lo- 
 cation and extent of existing and proposed major thor- 
 oughfares, transportation routes, terminals, and other 
 public utilities and facilities, all correlated with the 
 shoreline use element; 
 
 (e) A use element which considers the proposed gen- 
 eral distribution and general location and extent of the 
 use on shorelines and adjacent land areas for housing, 
 business, industry, transportation, agriculture, natural 
 resources, recreation, education, public buildings and 
 grounds, and other categories of public and private uses 
 of the land; 
 
 (0 A conservation element for the preservation of 
 natural resources, including but not limited to scenic 
 vistas, aesthetics, and vital estuarine areas for fisheries 
 and wildlife protection; 
 
 (g) An historic, cultural, scientific, and educational 
 element for the protection and restoration of buildings. 
 sites, and areas having historic, cultural, scientific, or 
 educational values; and 
 
 (h) Any other clement deemed appropriate or neces- 
 sary to effectuate the policy of this chapter. 
 
 (3) The master programs shall include such map or 
 maps, descriptive text, diagrams and charts, or other de- 
 scriptive material as arc ncccvsary to provide fur case id 
 understanding. 
 
 (4) Master programs will reflect that state-owned 
 shorelines of the state arc particularly adapted to pro- 
 viding wilderness beaches, ecological study areas, and 
 
 (1979 U%r«) 
 
 [CU. 90.S8 RCW— f 51 
 
90^.100 
 
 Shoreline Management act of 1971 
 
 oth«. recreational activities fur the public and will give 
 app. .priute special consideration to same. 
 
 (5) Each master program shall contain provisions to 
 allow Tor the varying of the application of use regula- 
 tions of the program, including provisions for permits for 
 conditional uses and variances, to insure that strict im- 
 plementation of a program will not create unnecessary 
 harJ:hlps or thwart the policy enumerated in RCW 90- 
 .38.020. Any such varying shall be allowed only if ex- 
 iruordin. ry circumstances are shown and the public 
 interest suffers no substantial detrimental effect. The 
 concept of this subsection shall be incorporated in the 
 rule:> adopted by the department relating to the estab- 
 Ishment cf a permit system as provided in RCW 
 90.58.140(3). (1971 ex.s. c 286 § 10.] 
 
 RCW 90.5*. 110 Development of program within two 
 or more adjacent local government jurisdictions De- 
 velopment of program in segments, when. ( 1 ) Whenever 
 it shall appear to the director that a master program 
 should be developed for a region of the shorelines of the 
 state which includes lands and waters located in two or 
 more adjacent local government jurisdictions, the direc- 
 tor shall designate such region and notify the appropri- 
 ate units of local government thereof. It shall be the 
 • uiy of the notified units to develop cooperatively an in- 
 
 • ory and master program in accordance with and 
 uiihin the time provided in RCW 90.58.080. 
 
 (2) At the discretion of the department, a local gov- 
 ernment master program may be adopted in segments 
 ::pt.l:i.ablc to particular areas so that immediate atten- 
 tion may be given to those areas of the shorelines of the 
 state in most need of a use regulation. (1971 ex.s. c 286 
 § II.] 
 
 RCW 90.58.120 Adoption of rules, programs, etc., 
 
 .' bject to RCW 34.04.025 Public hearings, notice 
 
 of Public inspection after approval or adoption. All 
 
 rules, regulations, master programs, designations, and 
 guidelines, issued by the department, shall be adopted or 
 approved in accordance with the provisions of RCW 34- 
 .04.025 insofar as such provisions are not inconsistent 
 with the provisions of this chapter. In addition: 
 
 (1) Prior to the approval or adoption by the depart- 
 ment of a master program, or pwrtion thereof, at least 
 one public hearing shall be held in each county affected 
 by a program or portion thereof for the purpose of ob- 
 taining the views and comments of the public. Notice of 
 each such hearing shall be published at least once in 
 each of the three weeks immediately preceding the hear- 
 ing tn one or more newspapers of general circulation in 
 the county in which the hearing is to be held. 
 
 (2) All guidelines, regulations, designations or master 
 programs adopted or approved under this chapter shall 
 be available for public inspection at the office of the de- 
 partment or the appropriate county auditor and city 
 clerk. The terms 'adopt' and 'approve" for purposes of 
 this section, shall include modifications and rescission of 
 jtuidelines. (1975 1st ex.s. c 182 § 2; 1971 ex.s. c 286 § 
 12.] 
 
 RCW 90.58.130 Involvement of all persons and enti- 
 ties having interest, means. To insure that all persons and 
 entities having an interest in the guidelines and master 
 programs developed under this chapter are provided with 
 a full opportunity for involvement in both their develop- 
 ment and implementation, the department and local 
 governments shall: 
 
 (1) Make reasonable efforts to inform the people of 
 the state about the shoreline management program of 
 this chapter and in the performance of the responsibili- 
 ties provided in this chapter, shall not only invite but 
 actively encourage participation by all persons and pri- 
 vate groups and entities showing an interest in shoreline 
 management programs of this chapter; and 
 
 (2) Invite and encourage participation by all agencies 
 of federal, state, and local government, including munic- 
 ipal and public corporations, having interests or respon- 
 sibilities relating to the shorelines of the state. State and 
 local agencies are are directed to participate fully to in- 
 sure that their interests are fully considered by the de- 
 partment and local governments. (1971 ex.s. c 286 § 13.] 
 
 RCW 90.58.140 Development permits Grounds 
 
 for granting Administration by local government, 
 
 conditions Applications Notices Rescis- 
 sion When permits not required Approval when 
 
 permit for variance or conditional use. (1) No develop- 
 ment shall be undertaken on the shorelines of the state 
 except those which are consistent with the policy of this 
 chapter and, after adoption or approval, as appropriate, 
 the applicable guidelines, regulations or master program. 
 
 (2) No substantial development shall be undertaken 
 on shorelines of the state without first obtaining a permit 
 from the government entity having administrative juris- 
 diction under this chapter. 
 
 A permit shall be granted: 
 
 (a) From June 1, 1971 until such time as an applica- 
 ble master program has become effective, only when the 
 development proposed is consistent with: (i) The policy 
 of RCW 90.58.020; and (ii) after their adoption, the 
 guidelines and regulations of the department; and (iii) so 
 far as can be ascertained, the master program being de- 
 veloped for the area; 
 
 (b) After adoption or approval, as appropriate, by the 
 department of an applicable master program, only when 
 the development proposed is consistent with the applica- 
 ble master program and the provisions of chapter 90.58 
 RCW. 
 
 (3) Local government shall establish a program, con- 
 sistent with rules adopted by the department, for the 
 administration and enforcement of the permit system 
 provided in this section. The administration of the sys- 
 tem so established shall be performed exclusively by lo- 
 cal government. 
 
 (4) Local government shall require notification of the 
 public of all applications for permits governed by any 
 permit system established pursuant to subsection (3) of 
 this section by ensuring that: 
 
 (a) A notice of such an application is published at 
 least once a week on the same day of the week for two 
 
 :<:*. 90.58 RCW— f 6) 
 
 (1979 Uwt) 
 
Siioreline Maiugeni«n( act of 1971 
 
 90.58.140 
 
 consecutive weeks in a legal newspaper of general circu- 
 lation within the area in which the development is pro- 
 posed; and 
 
 (b) Additional notice of such an application is given 
 by at least one of the following methods: 
 
 (i) Mailing of the notice to the latest recorded real 
 property owners as shown by the records of the county 
 assessor within at least three hundred feet of the bound- 
 ary of the property upon which the substantial develop- 
 ment is proposed; 
 
 (ii) Posting of the notice in a conspicuous manner on 
 the property upon which the project is to be constructed; 
 or 
 
 (iii) Any other manner deemed appropriate by local 
 authorities to accomplish the objectives of reasonable 
 notice to adjacent landowners and the public. 
 
 Such notices shall include a statement that any person 
 desiring to submit written comments concerning an ap- 
 plication, or desiring to receive a copy of the fmal order 
 concerning an application as expeditiously as possible 
 after the issuance of the order, may submit such com- 
 ments or such requests for orders to the local govern- 
 ment within thirty days of the last date the notice is to 
 be published pursuant to subsection (a) of this subsec- 
 tion. Local government shall forward, in a timely man- 
 ner following the issuance of an order, a copy of the 
 order to each person who submits a request for such 
 order. 
 
 If a hearing is to be held on an application, notices of 
 such a hearing shall include a statement that any person 
 may submit oral or written comments on an application 
 at such hearing. 
 
 (5) Such system shall include provisions to assure that 
 construction pursuant to a permit will not begin or be 
 authorized until thirty days from the date the final order 
 was filed as provided in subsection (6) of this section; or 
 until all review proceedings are terminated if such pro- 
 ceedings were initiated within thirty days from the date 
 of filing as defined in subsection (6) of this section ex- 
 cept as follov^s: 
 
 (a) In the case of any permit issued to the state of 
 Washington, department of highways, for the construc- 
 tion and modification of the SR 90 (1-90) bridges acrosis 
 Lake Washington, such construction may begin after 
 thirty days from the duic of filing: 
 
 (b) If a permit is grunted by the local government und 
 (i) the grunting of the permit is appealed to the shore- 
 lines hearings board within thirty days of the date of fil- 
 ing, (ii) the hearings board approves the granting of the 
 permit by the local government or approves a p>ortion of 
 the substantial development for which the local govern- 
 ment issued the permit, and (iii) an appeal for judicial 
 review of the hearings board decision is filed pursuant to 
 the provisions of chapter 34.04 RCW, the permittee may 
 request, within ten days of the filing of the appeal with 
 the court, a hearing before the court to determine 
 whether construction may begin pursuant to the permit 
 approved by the hearings board or to a revised permit 
 issued pursuant to the order of the hearings board. If. at 
 the conclusion of the hearing, the court finds that con- 
 struction pursuant to such a permit would not involve a 
 significant., irreversible damaging of the environment. 
 
 the court may allow the permittee to begin such con- 
 struction pursuant to the approved or revised permit as 
 the court deems appropriate. The court may require the 
 permittee to post bonds, in the name of the local gov- 
 ernment that issued the permit, sufficient to remove the 
 substantial development or to restore the environment if 
 the permit is ultimately disapproved by the courts, or to 
 alter the substantial development if such alteration is ul- 
 timately ordered by the courts: Provided, That construc- 
 tion pursuant to a permit revised at the direction of the 
 hearings board may begin only on that portion of the 
 substantial development for which the local government 
 had originally issued the permit and construction pursu- 
 ant to such a revised permit on other portions of the 
 substantial development may not begin until after all re- 
 view proceedings are terminated. In such a hearing be- 
 fore the court, the burden of proving whether such 
 construction may involve significant irreversible damage 
 to the environment and demonstrating whether such 
 construction would or would not be appropriate shall be 
 on the appellant; 
 
 (c) If a permit is granted by the local government and 
 the granting of the permit is appealed directly to the su- 
 perior court for judicial review pursuant to the proviso in 
 RCW 90.58.180(1) as now or hereafter amended, the 
 permittee may request the court to remand the appeal to 
 the shorelines hearings board, in which case the appeal 
 shall be so remanded and construction pursuant to such 
 a permit shall be governed by the provisions of subsec- 
 tion (b) of this subsection or may otherwise begin after 
 review proceedings before the hearings board are termi- 
 nated if judicial review is not thereafter requested pur- 
 suant to the provisions of chapter 34.04 RCW; 
 
 If a permittee begins construction pursuant to subsec- 
 tions (a), (b) or (c) of this subsection, such construction 
 shall begin at the permittee's own risk. If, as a result of 
 judicial review, the courts order the removal of any por* 
 tion of the construction or the restoration of any portion 
 of the environment involved or require the alteration of 
 any portion of a substantial development constructed 
 pursuant to a permit, the permittee shall be barred from 
 recovering damages or costs involved in adhering to such 
 requirements from the local government that grunted the 
 permit, the hearings board, or any appellant or 
 intervener. 
 
 (6) Any ruling on an upplicuiion for a pcriiiii under 
 authority of this .section, whether it be an approval or a 
 denial, shall, concurrently with the transmittal of the 
 ruling to the applicant, be filed with the dcpariincnt und 
 the attorney general. With regard to a permit other than 
 a permit governed by subsection (12) of this section, 
 'date of filing' as used herein shall mean the date of 
 actual receipt by the department. With regard to a per- 
 mit for a variance or a conditional use, 'date of filing' 
 shall mean the date a decision of the department rend- 
 ered on the permit pursuant to subsection (12) of this 
 section is transmitted by the department to the local 
 government. The department shall notify in writing the 
 local government and the applicant of the date o( filing. 
 
 (7) Applicants for permits under this section shall 
 have the burden of proving that a proposed subbiantial 
 development is consistent with the criteria which must 
 
 (1979 Lawi) 
 
 (fX 90.5* Rf A^— p 7| 
 
90^8.140 
 
 Sboreiine Matusement act of 1971 
 
 be rr. :fo.c a pe mit is granted. In any review of the 
 granting Oi denial of an application for a permit as pro> 
 vidcd in RCW 90.58.180 (I) and (2) as now or hereafter 
 amended, the person requesting the review shall have the 
 burden of proof. 
 
 (8) Any permit may. after a hearing with adequate 
 notice to the permittee and the public, be rescinded by 
 the ' <uing authority upon the finding that a permittee 
 has not complied with conditions of a permit. In the 
 event the department is of the opinion that such non- 
 compliance exists, the department shall provide written 
 notice to the local government und the permittee. If the 
 ('epiirtmcni is of the opinion th;ii such noncompliance 
 c n iniiCN l» •:xis« thirty days uftcr ihc dale of iho notice. 
 and the Uku }!overnmcnt has taken no action to rescind 
 the permit, the department may petition the hearings 
 board for a rescission of such permit upon written notice 
 oC such pctiiic- to the local government and the permit- 
 tee: Provided. That the request by the department is 
 made to the hearings board within fifteen days of the 
 termination of the thirty day notice to the local 
 government. 
 
 (9) The holder of a certification from the governor 
 pursuant to chapter 80.50 RCW shall not be required to 
 obtain a f>ermit under this section. 
 
 '10) No permit shall be required for any development 
 shorelines of the state included within a preliminary 
 .• I pbt approved by the applicable state agency or 
 local '. .crnmcnt prior to April 1. 1971, if: 
 
 (a) The final plat was approved after April 13, 1961, 
 or I he preliminary plat was approved after April 30, 
 1969; and 
 
 (b) The development is completed within two years 
 after the effective date of this chapter. 
 
 (11) The applicable state agency or local government 
 i-- authorized to approve a fmal plat with respect to 
 shorelines of the state included within a preliminary plat 
 approved after April 30, 1969, and prior to April 1, 
 1^7 Provided, That any substantial development within 
 the platted shorelines of the state is authorized by a 
 permit granted pursuant to this section, or does not re- 
 quire a permit as provided in subsection (10) of this sec- 
 tion, or does not require a permit because of substantial 
 development occurred prior to June 1, 1971. 
 
 (12) Any permit for a variance or a conditional use by 
 local government under approved master programs must 
 be submitted to the department for its approval or dis- 
 approval. (1977 ex.s. c 358 § 1; 1975-76 2nd ex.s. c 51 
 § 1; 1975 1st ex.s. c 182 § 3; 1973 2nd ex.s. c 19 § 1; 
 1971 ex.s. c286 § 14.1 
 
 , CW 90.58.145 Substantial development permit 
 
 Structures at temporary ferry terminals Hood Canal 
 
 bridge Removal of structures. Not later than July 1, 
 
 1981. the department of tran'oortation or any affected 
 private property owner, or bi 1 1, may apply for a sub- 
 stantial development permit in connection with any dol- 
 phin, wingwall, barge, pier, or similar structure 
 constructed or assembled at a temporary ferry terminal 
 for the purpose of providing interim transportation ser- 
 .iccs necessary as a consequence of the destruction of 
 
 the Hood Canal bridge. The permit shall be processed in 
 accordance with this chapter. Following a denial of a 
 permit and the exhaustion of all subsequent appeals, or 
 within six months after the new or reconstructed Hood 
 Canal bridge is open to traffic, whichever occurs later, 
 the department shall remove all dolphins, wingwalls, 
 barges, piers, and similar structures constructed or as- 
 sembled at the temporary ferry terminals. If a permit is 
 granted, such structures may remain in place. [1979 1st 
 ex.s. c 84 § 4.] 
 
 latest ir79 IM txj. e 84: Sm not* following RCW 43.2IC.032. 
 
 RCW 9U.58.I5U Selective commercial timber cut- 
 ting, when. With respect to timber situated within two 
 hundred feet abutting landward of the ordinary high 
 water mark within shorelines of state-wide significance, 
 the department or local government shall allow only se- 
 lective commercial timber cutting, so that no more than 
 thirty percent of the merchantable trees may be har- 
 vested in any ten year period of time: Provided, That 
 other timber harvesting methods may be permitted in 
 those limited instances where the topography, soil condi- 
 tions or silviculture practices necessary for regeneration 
 render selective logging ecologically detrimental: Pro- 
 vided further. That clear cutting of timber which is 
 solely incidental to the preparation of land for other uses 
 authorized by this chapter may be permitted. [1971 ex.s. 
 c286§ 15.] 
 
 RCW 90.58.160 Prohibition against surface drilling 
 for oil or gas, where. Surface drilling for oil or gas is 
 
 prohibited in the waters of Puget Sound north to the 
 Canadian boundary and the Strait of Juan de Fuca sea- 
 ward from the ordinary high water mark and on all 
 lands within one thousand feet landward from said 
 mark. [1971 ex.s. c 286 § 16.] 
 
 RCW 90.58.170 Shorelines bearings board Es- 
 tablished Members Chairman— —Quorum for 
 
 decision Expenses of members. A shorelines hearings 
 
 board sitting as a quasi judicial body is hereby estab- 
 lished within the environmental hearings office under 
 RCW 43.21 B.005. The shorelines hearings board shall 
 be made up of six members: Three members shall be 
 members of the pollution control hearings board; two 
 members, one appointed by the association of 
 Washington cities and one appointed by the association 
 of county commissioners, both to serve at the pleasure of 
 the associations; and the state land commissioner or his 
 designee. The chairman of the pollution control hearings 
 board shall be the chairman of the shorelines hearings 
 board. A decision must be agreed to by at least four 
 members of the board to be final. The members of the 
 shorelines appeals board shall receive the compensation, 
 travel, and subsistence expenses as provided in RCW 
 43.03.050 and 43.03.060. [1979 1st ex.s. c 47 § 6; 1971 
 ex.s. c286 § 17.] 
 btest— 1979 1st cu. e 47: See note following RCW 43.21 B.003. 
 
 Ch. 90^ ROV— p g] 
 
 (1979 Uw«) 
 
Shoreline Matugemeot act of 1971 
 
 90.58.190 
 
 RCW 90.58.175 Rules and regulations. The shore- 
 lines hearings board may adopt rules and regulations 
 governing the administrative practice and procedure in 
 and before the board. [1973 1st ex.s. c 203 § 3.] 
 
 RCW 90.58.180 Appeals from granting, denying or 
 
 rescinding permits, procedure Board to act, 
 
 when Local government appeals to board 
 
 Grounds for declaring master program invalid— —Ap- 
 peals to court, pr6cedure. (1) Any person aggrieved by 
 the granting, denying, or rescinding of a permit on 
 shorelines of the state pursuant to RCW 90.58.140 as 
 now or hereafter amended may seek review from the 
 shorelines hearings board by filing a request for the 
 same within thirty days of the dale of filing as defmed in 
 RCW 90.58.140(6) as now or hereafter amended. 
 
 Concurrently with the filing of any request for review 
 with the board as provided in this section p>ertaining to a 
 Tinal order of a local government, the requestor shall file 
 a copy of his request with the department and the attor- 
 ney general. If it appears to the department or the at- 
 torney general that the requestor has valid reasons to 
 seek review, either the department or the attorney gen- 
 eral may certify the request within thirty days after its 
 receipt to the shorelines hearings board following which 
 the board shall then, but not otherwise, review the mat- 
 ter covered by the requestor: Provided, That the failure 
 to obtain such certification shall not preclude the re- 
 questor from obtaining a review in the superior court 
 under any right to review otherwise available to the re- 
 questor. The department and the attorney general may 
 intervene to protect the public interest and insure that 
 the provisions of this chapter are complied with at any 
 time within fifteen days from the date of the receipt by 
 the department or the attorney general of a copy of the 
 request for review filed pursuant to this section. The 
 shorelines hearings board shall initially schedule review 
 proceedings on such requests for review without regard 
 as to whether such requests have or have not been certi- 
 fied or as to whether the period for the department or 
 the attorney general to intervene has or has not expired, 
 unless such review is to begin within thirty days of such 
 scheduling. If at the end of the thirty day period for 
 certification neither the department nor the attorney 
 general has certified a request for review, the hearings 
 board shall remove the request from its review schedule. 
 
 (2) The department or the attorney general may ob- 
 tain review of any final order granting a permit, or 
 granting or denying an application for a permit issued 
 by a local government by filing a written request with 
 the shorelines hearings board and the appropriate local 
 government within thirty days from the date the final 
 order was filed as provided in RCW 90.58.140(6) as 
 now or hereafter amended. 
 
 (3) The review proceedings authorized in subsections 
 ( I ) and (2) of this section are subject to (he provisions of 
 chapter 34.04 RCW pertaining to procedures in con- 
 tested cases. Judicial review of such proceedings of the 
 shorelines hearings board may be had as provided in 
 chapter 34.04 RCW. 
 
 (4) Local government may appeal to the shorelines 
 hearings board any rules, regulations, guidelines, desig- 
 nations, or master programs for shorelines of the state 
 adopted or approved by the department within thirty 
 days of the date of the adoption or approval. The board 
 shall make a final decision within sixty days following 
 the hearing held thereon. 
 
 (a) In an appeal relating to a master program for 
 shorelines, the board, after full consideration of the po- 
 sitions of the local government and the department, shall 
 determine the validity of the master program. If the 
 board determines that said program: 
 
 (i) Is clearly erroneous in light of the policy of this 
 chapter; or 
 
 (ii) Constitutes an implementation of this chapter in 
 violation of constitutional or statutory provisions; or 
 
 (iii) Is arbitrary and capricious; or 
 
 (iv) Was developed without fully considering and 
 evaluating all proposed master programs submitted to 
 the department by the local government; or 
 
 (v) Was not adopted in accordance with required pro- 
 cedures; 
 
 the board shall enter a final decision declaring the pro- 
 gram invalid, remanding the master program to the de- 
 partment with a statement of the reasons in support of 
 the determination, and directing the department to 
 adopt, after a thorough consultation with the affected 
 local government, a new master program. Unless the 
 board makes one or more of the determinations as here- 
 inbefore provided, the board shall find the master pro- 
 gram to be valid and enter a final decision to that effect. 
 
 (b) In an appeal relating to a master program for 
 shorelines of state-wide significance the board shall ap- 
 prove the master program adopted by the department 
 unless a local government shall, by clear and convincing 
 evidence and argument, persuade the board that the 
 master program approved by the department is inconsis- 
 tent with the policy of RCW 90.58.020 and the applica- 
 ble guidelines. 
 
 (c) In an appeal relating to rules, regulations, guide- 
 lines, master programs of state-wide significance, and 
 designations, the standard of review provided in RCW 
 34.04.070 shall apply. 
 
 (5) Rules, regulations, designations, master programs. 
 and guidelines shall be subject to review in superior 
 court, if authorized pursuant to RCW 34.04.070: Pro- 
 vided, That no review shall be granted by a superior 
 court on petition from a local government unless the lo- 
 cal government shall first have obtained review under 
 subsection (4) of this section and the petition for court 
 review is filed within three months after the date of final 
 decision by the shorelines hearings board. (I975-'76 2nd 
 ex.s. c 51 § 2; 1975 1st ex.s. c 182 § 4; 1973 1st cx.s. c 
 203 § 2; 1971 ex.s. c 286 § 18.] 
 
 RCW 90.58.190 Review and adjustments to master 
 programs. The department and each local government 
 shall periodically review any master programs under its 
 jurisdiction and make such adjustments thereto as are 
 necessary. Each local government shall submit any pro- 
 posed adjustments, to the department as soon as they are 
 
 (1979 Ljw«) 
 
 jClL 90.58 RCW— f 9] 
 
«HI.58.IW 
 
 Shorelinf Management act of 1971 
 
 cunt) Icicd. No such udjustmcnl shull become effective 
 until it has been approved by the department. (1971 
 ex..s. c286 § 19.] 
 
 ROV' 90.58.200 Rules and regulations. The depart- 
 ment and local governments are authorized to adopt 
 suc^ •'ules as are necessary and appropriate to carry out 
 the provisions of thi.<; chapter. [1971 ex.s. c 286 § 20.] 
 
 RCW 90.58.210 Court actions to insure against 
 conflicting uses and to enforce. The attorney general or 
 the attorney for the local government shall bring such 
 injunctive, declaratory, or other actions as are necessary 
 to insure that no uses are made of the shorelines of the 
 stale in conflict with the provisions and programs of this 
 chapter, and ' > otherwise enforce the provisions of this 
 ihapicr. 1 1 97 1 ex.s. c 2H6 § 21.] 
 
 RCW 90.58.220 General penalty, in addition to in- 
 curring civil liability under RCW 90.58.210, any person 
 found to have wilfully engaged in activities on the 
 shorelines of the state in violation of the provisions of 
 this chapter or any of the master programs, rules, or 
 •-cgulations adopted pursuant thereto shall be guilty of a 
 
 ■.)ss mis'^emeanor, and shall be punished by a fine of 
 ..w» lo -n twenty-five nor more than one thousand 
 dollars or jy imprisonment in the county jail for not 
 more than ninety days, or by both such fme and impris- 
 onment: Provided. That the fine for the third and all 
 subsequent violations in any five-year period shall be not 
 less than five hundred nor more than ten thousand dol- 
 lars. (1971 ex.s. c 286 § 22.] 
 
 RCW 90.58.230 Violators liable for damages result- 
 In'- from violation Attorney's fees and costs. Any 
 
 per:>on subject to the regulatory program of this chapter 
 \.ho violates any provision of this chapter or permit is- 
 sued pursuant thereto shall be liable for all damage to 
 public or private property arising from such violation, 
 including the cost of restoring the affected area to its 
 condition prior to violation. The attorney general or local 
 government -itorney shall bring suit for damages under 
 this section on behalf of the state or local governments. 
 Private persons shall have the right to bring suit for 
 damages under this section on their own behalf and on 
 the behalf of all persons similarly situated. If liability 
 has bc.-n established for the cost of restoring an area af- 
 fected by a violation the court shall make provision to 
 assuiw that restoration will be accomplished within a 
 reasonable time at the expense of the violator. In addi- 
 tion to such relief, including money damages, the court 
 in its discretion may award attorney's fees and costs of 
 the suit to the prevailing party. (1971 cxs. c 286 § 23.] 
 
 RCW 90.58.240 Additional authority granted de- 
 partment and local governments. In addition to any other 
 powers granted hereunder, the department and local 
 governments may: 
 
 (1) Acquire lands and casements within shorelines of 
 the state by purchase, lease, or gift, either alone or in 
 concert with other governmental entities, when necessary 
 to achieve implementation of master programs adopted 
 hereunder; 
 
 (2) Accept grants, contributions, and appropriations 
 from any agency, public or private, or individual for the 
 purposes of this chapter; 
 
 (3) Appoint advisory committees to assist in carrying 
 out the purposes of this chapter, 
 
 (4) Contract for professional or technical services re- 
 quired by it which cannot be performed by its employ- 
 ees. [1972 ex.s. c 53 § 1; 1971 ex.s. c 286 § 24.] 
 
 RCW 90.58.250 Department to cooperate with local 
 governments Grants for development of master pro- 
 grams. The department is directed to cooperate fully 
 with local governments in discharging their responsibili- 
 ties under this chapter. Funds shall be available for dis- 
 tribution to local governments on the basis of 
 applications for preparation of master programs. Such 
 applications shall be submitted in accordance with regu- 
 lations developed by the department. The department is 
 authorized to make and administer grants within appro- 
 priations authorized by the legislature to any local gov- 
 ernment within the state for the purpose of developing a 
 master shorelines program. 
 
 No grant shall be made in an amount in excess of the 
 recipient's contribution to the estimated cost of such 
 program. (1971 ex.s. c 286 § 25.] 
 
 RCW 90.58.260 State to represent its interest before 
 federal agencies, interstate agencies and courts. The 
 
 state, through the department of ecology and the attor- 
 ney general, shall represent its interest before water re- 
 source regulation management, development, and use 
 agencies of the Unites States, including among others, 
 the federal power commission, environmental protection 
 agency, corps of engineers, department of the interior, 
 department of agriculture and the atomic energy com- 
 mission, before interstate agencies and the courts with 
 regard to activities or uses of shorelines of the state and 
 the program of this chapter. Where federal or interstate 
 agency plans, activities, or procedures conflict with state 
 policies, all reasonable steps available shall be taken by 
 the state to preserve the integrity of its policies. (1971 
 ex.s. c 286 § 26.] 
 
 RCW 90.58.270 Nonapplication to certain struc- 
 tures, docks, developments, etc., placed in navigable wa- 
 ters Nonapplication to certain rights of action, 
 
 authority. (1) Nothing in this statute shall constitute 
 authority for requiring or ordering the removal of any 
 structures, improvements, docks, fills, or developments 
 placed in navigable waters prior to December 4, 1969, 
 and the consent and authorization of the state of 
 Washington to the impairment of public rights of navi- 
 gation, and corollary rights incidental thereto, caused by 
 
 ICK 90S^ RCW— J 10] 
 
 (1979 Uw>) 
 
Shoreline Management act of 1971 
 
 90.58.340 
 
 the retention and maintenance of said structures, im- 
 provements, docics. nils or developments are hereby 
 granted: Provided. That the consent herein given shall 
 not relate to any structures, improvements, docks, fills, 
 or developments placed on tidelandsi, shorelands, or beds 
 underlying said waters which are in trespass or in viola- 
 tion of state statutes. 
 
 (2) Nothing in this section shall be construed as al* 
 tering or abridging any private right of action, other 
 than a private right which is based upon the impairment 
 of public rights consented to in subsection (1) hereof. 
 
 (3) Nothing in this section shall be construed as al- 
 tering or abridging the authority of the state or local 
 governments to suppress or abate nuisances or to abate 
 pollution. 
 
 (4) Subsection (1) of this section shall apply to any 
 case pending in the courts of this state on June I, 1971 
 relating to the removal of structures, improvements, 
 docks, fills, or developments based on the impairment of 
 public navigational rights. (1971 ex.s. c 286 § 27.] 
 
 RO^' 90.58.280 Application to all state agencies, 
 counties* public and municipal corporations. The provi- 
 sions of this chapter shall be applicable to all agencies of 
 state government, counties, and public and municipal 
 corporations and to all shorelines of the state owned or 
 administered by them. [1971 ex.s. c 286 § 28.) 
 
 RC\^' 90.58.290 Restrictions as affecting fair mar- 
 ket value of property. The restrictions imposed by this 
 chapter shall be considered by the county assessor in es- 
 tablishing the fair market value of the property. [1971 
 ex.s. c 286 § 29.] 
 
 RCW 90.58.300 Department as regulating state 
 
 agency Special authority. The department of ecology 
 
 is designated the state agency responsible for the pro- 
 gram of regulation of the shorelines of the stale, includ- 
 ing coastal shorelines and the shorelines of the inner 
 tidal waters of the state, and is authorized to cooperate 
 with the federal government and sister states and to re- 
 ceive benefits of any statutes of ihu United States when- 
 ever enacted which relate to the programs of this 
 chapter. [1971 ex.s. c 286 § 30.] 
 
 RCW 90.58.310 Designation of shorelines of state- 
 wide significance by legislature Recommendation by 
 
 director, procedure. Additional shorelines of the state 
 shall be designated shoreline^ of state-wide significance 
 only by affirmative action of the legislature. 
 
 The director of the department may, however, from 
 time to time, recommend to the legislature areas of the 
 shorelines of the state which have state-wide signifi- 
 cance relating to special economic, ecological, educa- 
 tional, developmental, recreational, or aesthetic values to 
 be designated as shorelines of state-wide significance. 
 
 Prior to making any such recommendation the direc- 
 tor shall hold a public hearing in the county or counties 
 
 where the shoreline under consideration is located. It 
 shall be the duty of the county commissioners of each 
 county where .such a hearing is conducted to submit 
 their views with regard to a proposed designation to the 
 director at such date as the director determines but in no 
 event shall the date be later than sixty days after the 
 public hearing in the county. [1971 ex.s. c 286 § 31.] 
 
 RCW 90.58.320 Height limitation respecting per- 
 mits. No permit shall be issued pursuant to this chapter 
 for any new or expanded building or structure of more 
 than thirty-five feet above average grade level on shore- 
 lines of the state that will obstruct the view of a sub- 
 stantial number of residences on areas adjoining such 
 shorelines except where a master program does not pro- 
 hibit the same and then only when overriding considera- 
 tions of the public interest will be served. [1971 ex.s. c 
 286 § 32.] 
 
 RC^ 90.58J30 Study of shorelines of citieti and 
 towns submitted to legislature Scope. The depart- 
 ment of ecology, the attorney general, and the harbor 
 line commission are directed as a matter of high priority 
 to undertake jointly a study of the locations, uses and 
 activities, both proposed and existing, relating to the 
 shorelines of the cities, and towns of the state and sub- 
 mit a report which shall include but not be limited to the 
 following: 
 
 (1) Events leading to the establishment of the various 
 harbor lines pertaining to cities of the state; 
 
 (2) The location of all such harbor lines; 
 
 (3) The authority for establishment and criteria used 
 in location of the same; 
 
 (4) Present activities and uses made within harbors 
 and their relationship to harbor lines; 
 
 (5) Legal aspects pertaining to any unccrtaint> and 
 inconsistency; and 
 
 (6) The relationship of federal, state and local gov- 
 ernments to regulation of uses and activities pertaining 
 to the area of study. 
 
 The report shall be submitted to the legislature not 
 later than December 1. 1972. [1971 ex.s. c 286 § 33.] 
 
 RCW 90.58.340 Use policies for land adjacent to 
 shorelines, development of. All state agencies, counties, 
 and public and municipal corporations shall review ad- 
 ministrative and management policies, regulations, 
 plans, and ordinances relative to lands under their re- 
 spective jurisdictions adjacent to the shorelines of the 
 state so as the [to] achieve a use policy on said land 
 consistent with the policy of this chapter, the guidelines, 
 and the master programs for the shorelines of the state. 
 The department may develop recommendations for land 
 use control for such lands. Local governments shall, in 
 developing use regulations for such areas, take into con- 
 sideration any recommendations developed by the de- 
 partment as well as any other state agencies. or units of 
 local government. [1971 ex.s. c 286 § 34.) 
 
 (1979 Uw») 
 
 |Ch. 90.58 RCM- 
 
 HI 
 
90J8.350 Shoreline Managemeiit act of 1971 
 
 RCW 90.58.350 Nonapplication to treaty rights. 
 
 Nothing in this chapter shall affect any rights estab- 
 lished by treaty to which the United States is a party. 
 1 1 97! CX.S. c286§ 35.] 
 
 RCV\ 90.58.360 Existing requirements for permits, 
 certificates, etc.. not obviated. Nothing in this chapter 
 shall obviate any requirement to obtain any permit, cer- 
 tificatc. license, or approval from any stale agency or 
 local government. [1971 cxji. c 286 § 36.] 
 
 RCW 90.58.900 Liberal construction 1971 ex.s. 
 
 c 286. rht5 chapter is exempted from the rule of strict 
 construction, and it shall be liberally construed to give 
 full effect to the objectives and purposes for which it was 
 enacted. |I971 ex.s. c 286 § 37.] 
 
 RCW 90.58.910 Severability 1971 ex.s. c 286. If 
 
 any provision of this chapter, or its application to any 
 person or legal entity or circumstances, is heJd invalid, 
 the remainder of the act, or the application of the provi- 
 sion to o'h-r persons or legal entities or circumstances, 
 shall not be affected. [1971 ex.s. c 286 § 40.] 
 
 RCW 90.58.920 Effective date 1971 ex.s, c 286. 
 
 Thi^ chripter is necessary for the immediate preservation 
 of the public peace, health and safety, the support of the 
 state government, and its existing institutions. This 1971 
 act shall take effect on June I, 1971. The director of 
 ecology is authorized to immediately take such steps as 
 arc necessary to insure that this 1971 act is implemented 
 on it& effective date. [1971 ex.s. c 286 § 41.] 
 
 RCW 90.58.930 Referendum to the people 1971 
 
 ex.s. c 286 Determining if act continues in force and 
 
 effect. This 1971 act constitutes an alternative to Initia- 
 tive 43. The secretary of state is directed to place this 
 1971 act on the ballot in conjunction with Initiative 43 
 at the next ensuing regular election. 
 
 This 1971 act shall continue in force and effect until 
 the sccretnry of state certifies the election results on this 
 1971 act. If affirmatively approved at the ensuing regu- 
 lar general election, the act shall continue in effect 
 thereafter. [1971 ex.s. c 286 § 42.] 
 
 Revbcr'i wMr. Clupter 90.58 RCW (1971 exj. c 2S6] was approved 
 and validated at the 1972 general election as Alternative Measure 43B. 
 
 [Ch. 90.5* RCW— ^ 121 (""'' ^*«> 
 
CHAPTER 190. 
 
 I S. B. 86. ] 
 
 TIDELANDS IN SKAGIT, SNOHOMISH. 
 ISLAND COUNTIES. 
 A.v Act relating to public lands; authorizing the withdrawal 
 of described tidelands from sale, and from lease except for 
 speciflc purposes; autliorizing the use of said tidelands as 
 public shooting grounds to be administered by the state 
 game commission; and amending section 77.40.090, chapter 
 36, Laws of 1955, and RCW 77.40.090. 
 
 Be it enacted by the Legislature of the State of 
 Washington: 
 
 Section 1. Section 77.40.090, chapter 36, Laws of 
 1955, and RCW 77.40.090 are each amended to read 
 as follows: 
 
 The commissioner of public lands shall withdraw 
 from sale or lease, except lease for the production 
 of oysters or for booming or industrial uses; Pro- 
 vided, That the director of game has approved such 
 industrial uses as not being generally incompatible 
 with the primary function of these lands as public 
 
 HCW T7.4O.0OP 
 amended. 
 
 Public 
 »hooUng 
 grounds. 
 Certain tide- 
 Kinds in 
 SkaRit. 
 Snohomish 
 and Island 
 counties. 
 
 [1851] 
 
Ch. 190.] SESSION LAWS. 1961. 
 
 shooting groundij, the following described second 
 class tidclands and detached tidelands within the 
 boundaries hereinafter set forth: Those tidelands 
 situate in front of, adjacent to, or abutting upon: 
 government lot s 3, 4 and 5. section 28 a nd govern - 
 mepl lot 1, section_j7 and gov ernmen t lots J.. 2, 3 
 and 4j section 34, township 35 north, range 2 east, 
 W,M., and government lots 1, 2 and 3, section 3. 
 township 34 north, range 2 east, W.M., excepting 
 therefrom the portion deeded by the state of Wash- 
 ington to the Great Northern Railway Company on 
 December 30, 1941. 
 
 The commissioner of public lands shall withdraw 
 from sale or lease, except lease for the production 
 of oysters or for booming purposes, the following 
 described second class tidelands and detached tide- 
 lands within the boundaries hereinafter .set forth: 
 
 Those tidelands other than tidelands described 
 above in this section lying within an area beginning 
 at a poin'. on the meander line at the Skagit-What- 
 com line, thence following the meander line in iti>- 
 general southerly direction to the north boundary 
 of the Swinomi.sh Indian Reservation, thence west- 
 erly along the north line of said Indian reservation 
 to the base of Marches Point, thence northerly aloiig 
 the meander line to the north meander corner on 
 the west line of section 28, township 35 north, rani^e 
 2 E., W. M., thence north to the Whatcom county 
 line, thence easterly along said county line to the 
 point of beginning. 
 
 Also, all tidelands of the second class, including 
 detached tidelands in Skagit county lying south of 
 the main channel of the Swinomish Slough. 
 
 Also, those tidelands in Snohomish and Island 
 counties located in township 32 north, range 3 E., 
 W. M. 
 
 Also, those tidelands lying in front of sections 1, 
 2 and 11 and 12, township 31 north, range 3 E,, W. M,, 
 in Snohomish county. 
 
 [ 1852 ] 
 
SESSION LAWS. 1955. (Ch. 36. 
 
 control of the department: Proxndcd, That they may be used by the 
 commissioner of pubhc lands for booming purposes. Should the 
 department no longer desire to use such lands for such purposes it 
 shall certify such fact to the commissioner of public lands, and the 
 lands shall thereafter be under the supervision, care, and control 
 of the commissioner of public lands and subject to sale or lease as 
 provided by law. 
 
 77.40.090 Certain tidelands in Skagit, Snohomish, and Island 
 counties. The commissioner of public lands shall withdraw from 
 sale or lease, except lease for the production of oysters or for boom- 
 ing purposes, the following described second class tidelands and 
 detached tidelands within the boundaries hereinafter set forth: 
 
 Those tidelands lying within an area beginning at a point on the 
 meander line at the Skagit-Whatcom line, thence following the 
 meander line in its general southerly direction to the north boun- 
 dary of the Swinomish Indian Reservation, thence westerly along 
 the north line of said Indian reservation to the base of Marches 
 Point, thence northerly along the meander line to the north mean- 
 der corner on the west line of section 28, township 35 north, range 
 2 E., W. M., thence north to the Whatcom county line, thence east- 
 erly along said county line to the point of beginning. 
 
 Also, all tidelands of the second class, including detached tide- 
 lands in Skagit county lying south of the main channel of the 
 Swinomish Slough. 
 
 Also, those tidelands in Snohomish and Island counties located 
 in township 32 north, range 3 E., W. M. 
 
 Also, those tidelands lying in front of sections 1, 2 and 11 and 12, 
 township 31 north, range 3 E., W. M., in Snohomish county. 
 
 All the tidelands described in this section shall be available for 
 use as public shooting grounds under the direction and control of 
 the state game commission. 
 
SCORP - FIFTH EDITION 
 
 CHAPTER III - ISSUES 
 
 ISSUE #12 - WETLANDS AND FLOODPLAINS 
 
 OBJECTIVE 
 
 It Is the Intent of the State of Washington to provide opportunities 
 for the public use and enjoyment of appropriate segments of wetlands and/or 
 floodplains, including their associated shorelands, tidelands, and estuaries, 
 while protecting and maintaining these areas for their value as wildlife habi- 
 tat and their importance in the hydrologic cycle. 
 
 SPECIFIC OBJECTIVES ARE TO : 
 
 Work through existing local and state resource management programs 
 In continuing to promote and, where feasible, expand: 
 
 - Public access to the shorelands and tidelands of the 
 state. 
 
 - Conservation of the wetland and floodplaln resources 
 of the state. 
 
 - Development of facilities on wetlands and floodplains 
 for water-oriented recreational and/or conservation 
 activities. 
 
 - Identify and evaluate those wetland and floodplaln 
 resources of the state not currently included in the 
 Coastal Zone and Shoreline Master Programs as to their 
 relative Importance for resource conservation and/or 
 recreational use. 
 
 GENERAL DISCUSSION 
 
 For purposes of this paper, the terms wetlands and floodplains are 
 defined to include wetlands, floodplains, and tidelands, as well as associated 
 shorelands, swamps, bogs, etc. Wetlands, as defined by the- Department of Eco- 
 logy, are flat, low-lying areas where the water table varies from time to time, 
 In such areas as river deltas, sloughs and other environmentally similar areas. 
 
 Since 1971, three major wetland and floodplaln programs have been 
 started In Washington State. They are the State Shoreline Management Program, 
 the Coastal Zone Management Program, and the State Tidelands Program, which 
 Is the oldest. These three programs and their relationships to recreation 
 and resource conservation on wetlands and floodplains are the subject of the 
 following discussion. 
 
 III. 12.1 
 
The first program Is gutded by the Shoreline Management Act of 1971 
 (RCW 90.58). This Act serves as the principal legal base for the management 
 of all shorelines In the state, Including most larger wetland and floodplain 
 areas. The Act applies to all marine water areas of the state, to streams 
 with a mean annual flow of 20 cubic feet per second or more, and to lakes larger 
 than 20 acres. It also applies to adjacent land areas within 200 feet of the 
 ordinary high water mark, and to all marshes, bogs, swamps, floodways, river 
 deltas, and floodplalns associated with water bodies subject to the Act. In 
 all, there are 791 lakes, 965 rivers and streams, some 2,^00 miles of marine 
 shoreline, and over 3,000 square miles of marine waters subject to the Act. 
 (Dep. Ecol. 1976,) 1,8^7 miles of the shoreline have beaches, and the re- 
 maining 490 miles consist of rocky headlands, marsh areas, bulkheads and re- 
 vetments. (Dep. Ecol. 1976. p. 5.) 
 
 Primary emphasis In managing shorelines for public benefit Is given 
 to "Shorelines of Statewide Significance". These shorelines Include; 
 
 a. The coastal area between ordinary high water mark 
 and Cape Disappointment on the south, to Cape Flat- 
 tery on the north. Including harbors, bays, estuaries, 
 and Inlets. 
 
 be Selected estuarlne and marine environments of Puget 
 Sound and the Straits of Juan de Fuca, Including 
 portions of the NI squally Delta, Birch Bay, Hood 
 Canal, Skagit Bay, and Pad 1 11a Bay. 
 
 c. The waters of Puget Sound and the Straits of Juan 
 de Fuca north to the Canadian border. 
 
 d. Lakes, with a surface acreage of 1,000 acres or 
 more, measured at the ordinary high water mark, 
 
 e. Rivers west of the Cascades at 1,000 + c.f.s. or 
 more, and rivers flowing east of the Cascades at 
 200 + c.f.s., or downstream from the first 300 
 square miles of drainage area, whichever Is longer. 
 
 Priority uses for these shorelines are identified for state and local 
 authorities. Basically, statewide Interests take precedence over local interests 
 and higher value Is given to the long-term preservation of these resources than 
 Increased public recreational access and use. Since most of the significant 
 wetland and floodplain areas of the state are covered by the Shoreline Manage- 
 ment Act, these same preferences apply. However, more of the traditional recre- 
 actlonal activities which are dependent upon, or enhanced by, water normally 
 occur In tldeland areas, rather than on wetland areas. 
 
 In developing guidelines for local agencies to use In preparing their 
 Shoreline Master Programs, the Department of Ecology suggests categorization 
 Into four distinct environment types: natural, conservancy, rural, and urban. 
 The existing development pattern, the biophysical capabilities, and the desires 
 of the local community help shape these types. Although the number of environ- 
 ments chosen may vary from one local agency to another, the guidelines do 
 achieve a basic standardization. (Dep. Ecol. 1976. p. 32.) The guidelines 
 
 III. 12. 2 
 
specify that local programs Include the following plan elements In regard 
 to recreation: 
 
 - An assessment of the need for providing public access 
 to shoreline areas. 
 
 - An evaluation of the maintenance and growth opportuni- 
 ties via acquisition and development that Includes less- 
 than-fee acquisition, and an analysis of preservation 
 alternatives of the natural shoreline resources. Master 
 programs were also to recognize existing state parks, 
 wildlife recreation areas, national parks, national 
 wildlife refuges, and other areas Identified for pre- 
 servation, Including protection and restoration of build- 
 ing sites, and areas having historic, cultural, educa- 
 tional, or scientific values. (Dep. Ecol . 1976. p. 13^> 
 135.) 
 
 As of July, 1978, Chapter 173-19 Washington Administrative Code (WAC) Identi- 
 fied 37 counties and 155 Incorporated cities In the state with approved Shore- 
 line Master Plans. 
 
 The second program affecting floodplalns and wetlands Is the Coastal 
 Zone Management Act of 1972 (PL 92-583). This Act provides the state with a 
 new opportunity to construct a comprehensive program for managing the state's 
 coastal resources. With the Shoreline Management Act providing the legal au- 
 thority and general direction for the state, the Washington State Coastal Zone 
 Management Plan was completed In 1976, and approved by the federal government 
 as the first Coastal Zone Management Plan In the nation. This Plan and the 
 Shoreline Management Act provide the basic policies and guidelines for the 
 planning, management, and use of wetlands and floodplalns In Washington today. 
 Regulations and specific criteria for the designation of wetlands have been 
 established by the State Department of Ecology for use In Shoreline Management 
 Plans under Chapter 173.22 WAC. 
 
 Floodplalns, while also being Included In Shoreline Master Plans 
 when they fall within legally defined shorelines, receive special attention 
 from local agencies and the federal government through the Federal Flood In- 
 surance Program. Floodplain management regulations are the responsibility of 
 local governments under standards and criteria establ Ished with the National 
 Flood Insurance Program. Failure to meet those requirements and to purchase 
 flood Insurance will cut off all federally Insured mortages In the community. 
 (Dep. Ecol. 1976. p. 67.) 
 
 In the State of Washington, there have been 269 cities and counties 
 Identified as "flood prone'* communities. 237 of these communities have adopted 
 "floodplain management plans", or "preliminary plans", which have been approved 
 by the federal government, thereby making them eligible for the National Flood 
 Insurance Program. (Dep. Ecol. 1979.) While this Insurance program has no 
 direct relationship to the provision of recreational opportunities, many of the 
 plans emphasize the Importance of retaining the natural environment in both the 
 floodway and the floodplain. Floodways must remain open space by law, but flood* 
 plains can be Identified for other uses. Minimal development of recreational 
 facilities has been found to be very compatible for floodplain areas, and re- 
 commendations for such types of development as golf courses, athletic fields, 
 trails, and overnight campgrounds are frequently found In community park and 
 recreation plans, shoreline management plans, and other land use planning docu- 
 ments. 
 
 III. 12. 3 
 
For recreation and related planning purposes, the Heritage Conserva- 
 tion and Recreation Service's 1979 Guidelines (draft) for Floodplain Management 
 and Wetlands Protection defines floodplains as: "the lowland and relatively 
 flat areas adjoining inland and coastal waters, including floodprone areas of 
 offshore islands, including, at a minimum, that area subject to a one percent 
 or greater chance of flooding in any given year". No definition is provided 
 for wetlands. 
 
 As recently as five years ago, the primary method considered for 
 reducing potential flood damage downstream was to construct dams upstream. In 
 the State of Washington, such actions often were, and continue to be, of mul- 
 tiple benefit, in that the same dam became a significant source of electrical 
 power and other uses, including recreation. For recreation, there was often 
 a mixed reaction, in that reservoirs created by the dams provided new or ex- 
 panded forms of recreation, while reducing or eliminating others. 
 
 The construction of dams has not been eliminated as a major tool for 
 flood control. However, another mechanism that is rapidly gaining acceptance 
 throughout the nation and in Washington, as well, is controlled zoning of the 
 floodplains and related lands. For recreation, this type of action can open 
 up a wider range of recreational opportunities than might be available were 
 the same area converted to a reservoir. Even more important is the amount of 
 potential lands for recreational use that may be involved. Historically, under 
 a reservoir system of flood control, a limited area received little systematic 
 planning. More often than not, development of the area was so rapid that most 
 public use was soon eliminated or drastically reduced. Fortunately for the 
 State of Washington, these actions have not been as rapid or of such wide ex- 
 panse as in many parts of our nation. The State Shoreline Management Act was 
 in effect before the plight of wetlands and floodplains became of such concern 
 that the 1977 Presidential Executive Orders #11988 and #11990 were issued in 
 an attemot to curtail activities under federal authority which might cause 
 adverse impacts on the national values of floodplains and wetlands . A related 
 
 Exec. Or. 7.7""11» was also issued by Governor Ray in September, 1977, for acti- 
 vities by state agencies. 
 
 In general, floodplains do receive more direct attention in govern- 
 mental programs than do many other land forms. Possibly, close coordination 
 of these programs in the future could provide more specific direction, while 
 eliminating duplication of effort and confusion in understanding and complying 
 with them. 
 
 A third program identified at the beginning of this discussion was 
 the State Tidelands Program. TIdelands, while an integral element of the shore- 
 lines of the state, are administered as a separate program under a different 
 managing authority than are the Shoreline and Coastal Zone Programs. 
 
 "At the time of the adoption of the State Constitution in 1889 and 
 upon entering statehood, Washington, following traditional land use precedents 
 dating back to the founding of the country, asserted Its ownership In the beds 
 and shores of all navigable waters up to and including the line of ordinary 
 high water. In the coastal zone, this ownership generally Included all non- 
 federal ocean tidelands from the mouth of the Columbia River north to the 
 Strait of Juan de Fuca and the inward tidelands encompassing Puget Sound." 
 (Dep. Ecol. 1976. p. 72.) 
 
 III. 12. 4 
 
Following statehood, nearly all of the tidelands were publicly owned. 
 However, under the new state's constitution, the riparian right of access to 
 the water became non-existent. The Legislature, as a means of legitimizing 
 existent and future structures, authorized the sale or lease of public tide- 
 lands to private individuals. In the ensuing years, approximately 60 percent 
 of all state-owned tidelands were sold. That practice of selling was restricted 
 in 1968 by policy, and discontinued in 1971 by law. The Department of Natural 
 Resources (DNR) , which administers the Tidelands Program, continues to lease 
 tidelands for purposes of aquaculture and for various marine-related uses, but 
 has allocated nearly 75 percent of the state's remaining tidelands as public 
 use. 
 
 2,075 miles, or about 75 percent of Washington's shoreline landward 
 of the extreme high watcrline Is in private ownership, as is about 60 percent 
 of tidelands. Of the publicly owned coastline, the federal government owns 
 about 155 miles, including the Olympic National Park and various wildlife re- 
 fuge areas. Non-federal public ownership totals 107 miles, consisting primarily 
 of state, county, and city parks. When those tidelands (between extreme low 
 tide and orginary high tide) owned by the state and managed by various public 
 agencies are included, the public access mileage (much of it by boat only) in- 
 creases to 1,228+ miles. Some of the non-federal public land is owned by port 
 districts and utilized by waterborne commercial facilities. In addition, about 
 AO miles of privately owned shoreline is used for recreational purposes, such 
 as resort areas and privately owned marinas. (Oep. Ecol. 1976. p. 10.) 
 
 DNR has published a statement of policies and guidelines which consti- 
 tutes a proprietary land management plan for marine lands. The plan applies to 
 all DNR managed tidelands, harbor areas, and beds of navigable waters. It does 
 not, however, apply to aquatic lands managed by other government agencies. The 
 plan is broken down into six multiple use categories: (1) Navigation and Com- 
 merce; (2) Public Use; (3) Food, Mineral and Chemical Production; (k) Pro- 
 tection of the Natural Marine Environment; (5) Uses by Abutting Upland Owners; 
 and (6) Revenue Production. (Dep. Ecol. 1976. p. 73.) Recognition of the 
 importance of public access to and use of the state tidelands is evident through' 
 out the plan. 
 
 Problem Statement #1 
 
 The Shoreline Management Act does not apply to those wetlands which 
 are under 20 acres in size, unless they are associated with a "shoreline 
 area"; therefore, these wetlands often lack adequate planning for their 
 ultimate use or sufficient protection to assure their future retention. 
 
 Discussion 
 
 Because Shoreline Master Plans do not cover wet- 
 lands unassociated with Identified shorelines, these 
 wetlands are often overlooked. They are thought of 
 as "lands with drainage problems", rather than as a 
 vital wildlife habitat, and a critical element of 
 the natural environment. When such areas are in close 
 proximity to major urban areas, competition between 
 uses, including various forms of recreation, becomes 
 extremely keen. 
 
 III. 12. 5 
 
While the loss of one small wetland stte to devel* 
 opment (Including recreational facilities), may cause 
 minimal Impact on the water table, the food chain, the 
 drainage patterns, or other natural actions, the cumu* 
 latlve effect of several such losses In a given area or 
 on a statewide basis could be significant. For example. 
 In parts of eastern Washington "Interim" or seasonal 
 wetlands occur, as In the scablands area. These re- 
 sources are virtually overlooked, but do provide a vital 
 link for wildlife and recreation potential. Until add!* 
 tlonal Information Is known regarding the types of wet* 
 lands, specific actions for their protection will prob- 
 ably be extremely limited. There Is a need for a program 
 to provide for an authorized mitigation of wetland losses 
 through restoration of altered wetlands, or creation of 
 new ones, as alternatives to outright prohibition of all 
 activities or development actions related to specific 
 areas and sites. 
 
 Proposed State Policy or Position 
 
 The State of Washington recognizes the importance of 
 retaining wetlands In their natural state as wildlife habi- 
 tat areas, as natural drainage basins, and as potential 
 sites for a wide variety of uses that are beneficial to 
 the citizens of this state. In order to provide adequate 
 Information on which to base future decisions regarding 
 the use of wetlands, It Is recommended that actions be 
 taken by the appropriate state agencies to: 
 
 - Initiate a public education program on wetland 
 values. 
 
 - Establish a system of wetland Identification and 
 Inventory from which a baseline can be established 
 to measure the effect and Impact of wetland losses. 
 
 - Develop a more specific, coordinated, and generally 
 understood wetland criteria and protection policy 
 for use by state and federal resource agencies. 
 
 - Develop a program for mitigation of wetland losses 
 caused by deletion of wetland habitats. 
 
 Problem Statement #2 
 
 Legal directives, programs and plans exist at all levels of govern- 
 ment that evaluate the conservation of resources and/or public use of flood- 
 plains and related resources. However, there Is no effort being made to 
 Implement an overall program which would establish a unified effort, direc- 
 tion, and priority for action in the conservation of the state's floodplalns. 
 
 III. 12. 6 
 
Discussion 
 
 Some floodplatnSy for a wide variety of reasons, 
 several of which are discussed In this paper, have been 
 given major recognition In recent years through federal, 
 state, and local laws and planning programs. In many 
 Instances, actions have been taken to Implement those 
 acquisition and/or development proposals, zoning ordi- 
 nances, or other recommendations designed to conserve 
 these critical resources and/or to Increase their bene- 
 fits to the citizens of the state. However, because 
 these many programs lack coordination, or Individually 
 are not of sufficient scope to accomplish recommended 
 actions, some problems continue In Intensity and In 
 scope. 
 
 In developing the Coastal Zone Management Plan for 
 the state, the Department of Ecology Identified ten "areas 
 of particular concern". This Identification was based 
 on existing authorities, expression of legislative con- 
 cern, and current resource management conflicts. While 
 broader In scope than Just floodplains alone, most do 
 contain significant amounts of floodplains. It should 
 b^ noted, also, that only areas In western Washington 
 were Identified, since they were developed for use In 
 the Coastal Zone Program, only. The Identified areas 
 are: 
 
 1. The NIsqually Estuary. 
 
 2. Hood Canal. 
 
 3. The Snohomish River Estuary. 
 k, Skagit and Pad! 11a Bays. 
 
 5. The Northern Strait and Puget Sound 
 
 Petroleum Transfer and Processing 
 Area . 
 
 6. The Dungeness Estuary and Spit Complex. 
 
 7. Grays Harbor. 
 
 8. The Willapa Bay Estuary. 
 
 9. The Pacific Coastal Dune Area. 
 10. The Continental Shelf. 
 
 Proposed State Policy or Position 
 
 The State of Washington recognizes the Importance of 
 retaining floodplains, or appropriate segments thereof, In 
 their natural state, as well as their potential for a wide 
 variety of recreational uses that may be enjoyed by the 
 citizens of this state. The state further recognizes that 
 some areas are of greater concern than others, and, there- 
 fore, recommends that appropriate actions be taken by the 
 state. In cooperation with other levels of government to: 
 
 III. 12. 7 
 
- Identify the most significant floodplain areas 
 throughout the state having sites within them 
 warranting retention under public ownership and/ 
 or management for conservation purposes, or for 
 the development of public recreational facilities 
 or access to bodies of water. 
 
 - Establish a mutually acceptable listing of those 
 floodplain areas which are considered to be "areas 
 of particular concern". 
 
 - Establish a specific program for their acquisition, 
 development, and management, as appropriate to 
 specific sites. 
 
 Problem Statement #3 
 
 Saltwater tidelands provide one of the most popular recreational re- 
 sources available within the state, but access to and use of these saltwatrr 
 beaches is often difficult due to "checkerboarded" public and upland owner- 
 ships, steep terrain of adjacent uplands, and other related problems. 
 
 Discussion 
 
 The Department of Natural Resources has an excel- 
 lent tidelands identification program, and in recent 
 years has been giving additional emphasis to increasing 
 and marking its public access areas. Because of the 
 large and expanding recreational use of tidelands for 
 recreation, this program has been important to saltwater 
 related recreational activities, such as clam digging 
 and beachcombing. Because of the "checkerboarding" of 
 public and private ownership, it has also created certain 
 management problems, both in terms of marking and in 
 control of public access. Efforts continue to reduce 
 these problems through coordinated management activities, 
 public education programs, and improved management tech- 
 niques. Close coordination and cooperative actions with 
 major recreational agencies, such as the State Parks and 
 Recreation Convnission and local parks and recreation de- 
 partments have been, and will continue to be important 
 to the provision of "tideland recreation". 
 
 Another factor complicating access, especially In 
 many areas of Puget Sound are steep slopes immediately 
 shoreward of the beach (tideland areas). Even though 
 under public ownership, several hundred feet of vertical 
 cliffs make any access roads or trails impossible. There- 
 fore, heavy competition exists for the limited access sites 
 for all uses of the tideland areas, especially in the heavily 
 populated Puget Sound region. 
 
 III. 12. 8 
 
Proposed State Policy or Solution 
 
 The State of Washington recognizes that saltwater 
 beaches and tidelands are one of the most popular recre- 
 ational resources of the state. It Is» therefore^ recom- 
 mended that the appropriate public agencies of all levels 
 of government and the private sector, wherever feasible, 
 take every possible action to reduce the effect of "check- 
 erboard" ownerships, whenever possible, that currently 
 inhibit public use and access of saltwater beaches and 
 tidelands. The tidelands identification program of the 
 State Department of Natural Resources should be continued 
 and, wherever feasible, expanded to accommodate increasing 
 public use of tidelands. 
 
 III. 12. 9 
 
SELECTED REFERENCES 
 
 R.C.V. 86.16 - Flood Control Zones by State. 
 
 R.C.W. 90. 5A - Water Resources. 
 
 R.C.W. 90.58 - ShoreUne Management. 
 
 U. S. Oep. Housing and Urban Dev. 197^. National flood Insurance program. 
 A8 p. U. S. Gov. Print. Off., Washington, D. C. 
 
 U. S. Dep. Housing and Urban Dev. 1978. Questions and answers - national 
 flood Insurance program. 29 p. U. S. Gov. Print. Off., Washington, D. C. 
 (pamphlet) 
 
 USD!. Heritage Conserv. Recreation Serv. 1978. Floodplain management and 
 wetlands protection: Implementation of Executive Orders II988 and 11990. 
 Federal Register, Part III, A3(199): ^l^^S ' ^7^51. 
 
 USOI. Heritage Conserv. Recreation Serv. 1979. Floodplain management and 
 wetlands protection - final guidelines. 20 p. U. S. Gov. Print. Off., 
 Washington, D. C. 
 
 U. S. President. 1977. Exec. Or. II988 - Floodplain management. Federal 
 Register A2(101): 26951 - 26957. 
 
 U. S. President. 1977. Exec. Or. 11990. Protection of wetlands. Federal 
 Register 42(101): 2696I - 26965. 
 
 Washington Administrative Code - Ch, 508 - 60. Administration of flood control 
 zones. 5 p. 
 
 Washington Dep. Ecol. 1976. Washington State coastal zone management program, 
 153 p. State Print. Off., Olympla, Washington 
 
 Washington Oep. Ecol. 1979a. Consideration of an estuarlne sanctuary In Padilla 
 Bay, Skagit County, Washington, n.p. Off. Land Programs, Olympla, Washington 
 
 Washington Dep. Ecol. 1979b. Washington State coastal zone management program: 
 Amendments and refinements. 1^7 p. State Print. Off., Olympla, Washington. 
 
 Washington Dep. Nat. Resour. 1977. Public aquatic lands of the State of Wash- 
 ington, n.p. State Print. Off., Olympla, Washington, (pamphlet) 
 
 Washington Governor's Off. 1977. Exec. Or. 77-11. Evaluation of flood hazard 
 In locating state buildings, roads, and other facilities, and in reviewing and 
 approving sewage and water facilities, and subdivisions. Olympla, Washington. 
 September 29, 1977. 
 
 Washington Governor's Off. 1977. State policies for land use and natural 
 resource management: A systematic statement of current major state agency 
 operational policies, grounded In state law, relating to state responsibilities 
 for land use and natural resource management. 32 p. Olympla, Washington 
 
 111.12.10 
 
Washington Water Res. Cent. 1978. Water use priorities. In Washington Water 
 News 3(^): 1-8. 
 
 Washington Water Res. Cent. 1573. Presidential water policy Initiatives. ^ 
 
 Washington Water News 4(1): 1 - 8. 
 
ENGROSSED SENATE BILL NO. 3371 
 AS AMENDED BY THE HOUSE 
 
 State ol Washington By S€nators Peterson, Wanamaker and 
 
 4^th Legislature Goltz (B-y Department of Ecology 
 
 1980 Regular Session Request) 
 
 Read first time January 21, 1980, and referred to Committee on NATURAL RESOURCES. 
 
 1 AH ACT delating to tidelands; authorizing tlie purchase of 
 
 2 tidelands for establishment of an estaarine sanctuary; 
 
 3 and making an appropriation. 
 
 a BE IT 2NACTED BI THE LEGISLATURE OP THE STATE OF WASHINGTON: 
 
 5 IIE¥ SBCnow. Section 1. For the purpose of establishing 
 
 6 an estuarine sanctuary in Padilla Bay, Skagit county, there is 
 
 7 appropriated fron the general fund to the department of ecology 
 
 8 for the biennium ending June 30, 1981, the sum of seventj 
 
 9 thousand dollars, or so much thereof as may be necessary. The 
 
 10 department of ecology may use such funds for the acquisition of 
 
 11 tidelands within Padilla Bay, Skagit county, either through 
 
 12 direct expenditures or through gxants to a federal, state, or 
 
 13 local agency and for administering the establishment of an 
 Itt estuarine sjinctuary in Padilla Bay, Skagit County. 
 
 15 Ho moneys appropriated under this section may be used by 
 
 16 the department of ecology for acquisition of tidelands unless 
 
 17 made in combination with an equal match of moneys from other 
 
 18 public or private sources. 
 
 19 Prior to acquiring any tidelands, the department of 
 
 20 ecology shall determine that the use of the property to be 
 
 21 acquired will be consistent with chapter 90.53 ECW, the 
 
 22 shoreline management act, and guideline and master prograas 
 
 23 adopted thereunder. 
 
 2U Hunting, fishing, boating and noncoamerciai taking of 
 
 25 shellfish shall be authorized but shall be regulated on. 
 
 26 properties acquired under this section or as result of the 
 
 27 passage of this section. 
 
 -1- ZSB 3371 
 
Passed the Senate March 13, 1980. 
 
 {f President oithe Senate. K"^ 
 
 
 Passed .the House M«u-ch 12, 1980. 
 
 Lepubiican Speaker of the House. 
 
 ♦U.S. GOVERMMENT PRINTING OFFICE : 1980 0-318-639/6189 
 
PENN STATE UNIVERSITY LIBRARIES 
 
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