State says liveaboard alternative plan is not an option

The state was quick to quash a nascent plan Eagle Harbor’s liveaboards drafted as a last-ditch effort to save their anchored-out community.

After reading in today’s Kitsap Sun of a liveaboard group’s proposal to forgo the city’s open water marina and lease buoys directly from the state, the Department of Natural Resources’ Bridget Moran sent me this note:

“I thought it would be worthwhile to share with you, as we have with the City of Bainbridge Island, that the option that was put forth by the Boaters and Mariners of Bainbridge Island (BAMBI) is not a legal option. Only local government entities may establish an open water marina for residence.”

So it looks like the city plan is still the liveaboards’ only option. That, of course, doesn’t sit well with liveaboards who say the city plan to save their community will actually end their community.

Moran, who serves as DNR’s deputy supervisor of aquatics resources, cited the following state rules:

WAC 332-30-148
(6) Vessels for residences, as defined in WAC 332-30-106(62) and floating houses, as defined in WAC 332-30-106(23) shall not moor at swim rafts, mooring buoys, or other moorage facilities not connected to the shoreline, except within an open water moorage and anchorage area leased to a local government agency as provided in WAC 332-30-139(5). Such moorage may occur when necessary because of an emergency that immediately threatens human life or property, for the duration of the emergency only.

WAC 332-30-139
(5) The department may lease open water moorage and anchorage areas only to local governments that have authorized the establishment of open water moorage and anchorage areas in their local Shoreline Master Programs within five years of the effective date of this rule. With the department’s approval, the local government lessee may install mooring buoys or other floating moorage devices, designate anchorage locations, sublease moorage and anchorage in the area, collect rent and fees for such moorage and anchorage, and otherwise manage the area as a moorage facility. All open water moorage and anchorage areas must meet the following requirements:

(a) Open water moorage and anchorage areas must meet all relevant requirements normally applicable to a marina lease, which may include the placement, design, limitation on the number of vessels or floating houses, and operation of the area and any improvements within the area, payment of rent to the department, consideration of navigational and environmental impacts, and all other applicable permits and other requirements of law.

(b) Open water moorage and anchorage areas may not be in a harbor area nor in any location or configuration that would interfere with water-borne commerce and navigation.

(c) The leasing of state-owned aquatic lands for open water moorage and anchorage areas is subject to all preferences accorded upland, tideland, or shoreland owners in RCW 79.125.400, 79.125.460, 79.125.410, 79.130.010, and WAC 332-30-122.

(d) Any vessel used for residential use or floating house in an open water moorage and anchorage area must comply with WAC 332-30-171.

(e) Except for nongrandfathered floating house moorage as defined in WAC 332-30-171 (7)(a)(ii), nonwater-dependent uses and commercial uses are prohibited in open water moorage and anchorage areas. Uses prohibited by this subsection (e) are allowed when necessary because of an emergency that immediately threatens human life or property, for the duration of the emergency only.

The department will not lease an open water moorage and anchorage area to an entity other than a local government agency. This restriction shall not affect use authorizations to public or private entities for mooring buoys, aquaculture net pens, or other floating structures otherwise allowed by law.