County approves Oakland Bay oyster bags

The Mason County hearing examiner will reconsider the approval of a controversial Taylor Shellfish floating oyster bag farm in Oakland Bay after the seafood company objected to requirements that the black color of the oyster bags be replaced with blue or green and that it pay for a monitoring plan prepared by a third-party expert to check for environmental impacts.

These were the only two significant conditions added by the examiner before approving Taylor’s permit in its entirety and filing it on Oct. 9, according to a report by Hearing Examiner Phil Olbrechts.

Taylor filed a motion for reconsideration Oct. 19, prompting the Washington State Department of Ecology to notify Mason County that the previous filing of the permit was invalid because the reconsideration period was still open. Mason County then withdrew the permit, according to Planner Luke Viscusi.

Now, persons who submitted oral hearing or written comments on the application have until 5 p.m. Nov. 1 to submit a written response to Taylor’s motion for reconsideration to Viscusi at [email protected].

Taylor then has until 5 p.m. Nov. 7 to reply. No new evidence is allowed on any reconsideration issue except for the color of the oyster bags.

The hearing examiner has 10 business days after the hearing to make a final decision about the project. Once the hearing examiner issues a decision, a permit is appealable to the Shoreline Hearings Board within 21 days, either by project proponents or opponents.

The original approval decision found that changing the color of the oyster bags from black to green or blue would make an important aesthetic difference.

“The DOE guidelines favor green and blue colors, finding that those colors are best suited to blend into the environment. The guidelines note that black, the color proposed by the applicant, has variable impact dependent upon surrounding conditions,” according to the decision.

“Notably, all the photographs and renderings presented by the applicant involve gray skies reflected off dark waters. Of course, the applicant’s proposed black gear is well camouflaged amongst these dark colors. The contrast of the black against reflections of green trees and blue skies is not depicted in any of the applicant’s submissions. Given the findings of the DOE guidelines, green and/or blue gear is required for the proposal.”

Taylor wants to remove that condition because green or blue oyster bags are not commercially available, according to the company’s motion.

“Because there is no green and/or blue gear commercially available, it would need to be produced specifically for the project and would likely result in over $600,000 in additional costs compared to using black gear,” Taylor claims in the motion.

The company also wants to modify the requirement for third-party monitoring and proposed its own monitoring program. Instead of an expert hired by Mason County to monitor uncertain environmental effects, Taylor proposes a specific plan prepared by its preferred biologist Chris Cziesla, from Confluence Environmental Company, that monitors for water quality, contaminants and fish and whale impacts, according to documents filed with the examiner.

The original permit allows Taylor Shellfish to grow Pacific oysters and install a floating oyster bag system in Oakland Bay that will take up 9.1 overwater acres with a 50-acre project boundary for floating aquaculture gear, according to the hearing examiner webpage.

The gear will be removed periodically for fishing access in coordination with the Squaxin Island Tribe.

Boaters can navigate and recreate in the areas of water provided between rows of floating oyster bags, according to Olbrechts’ report. Between each row of oyster bags are about 30 feet of water that is publicly accessible, the report states.

“For public access, there is no question that the proposal has a significant physical impact on public access of the public waters. The proposal’s impact is not limited to 9.1 acres as asserted by the applicant, but rather a 50-acre rectangle in the center of Oakland Bay that creates a detour for those trying to travel east-west across that part of the bay and as an impediment to those traveling north-south,” according to the report.

As mitigation for the 9.1 overwater acres made inaccessible by aquaculture gear, Taylor is proposing to formally grant public access to 16.6 acres of tidelands it owns and commit $75,000 for Oakland Bay Marina to improve their boat launch and related facilities.

Up to 20 concrete wedge anchors and 30 screw anchors will be installed to keep the project in place, according to Erin Ewald, director of regulatory affairs for Taylor Shellfish. Once installed, the anchors will remain stationary. Once the 10-year lease expires, the anchors will be removed.

“Unfortunately for those advocating against the project, aquaculture has a preferred use status in county and state shoreline regulations. A close examination of those regulations reveals that while preservation of scenic resources is important, they do not prevail over the economic benefits of aquaculture,” the examiner’s decision originally approving the project says.

Ginny Douglas, a Shelton resident whose home is on Oakland Bay, says her disappointment with the original decision is “off the charts,” but she’s not surprised. Douglas said the plan seemed like it had been in the works for years and was a done decision.

“Personally, we would never have bought our property if we had known a 50-acre commercial oyster farm and production facility was moving in,” Douglas said.

“I’m not completely sure the people in Mason County realize the Taylor commercial aquaculture site will be the largest in the United States,” she added.

Shelton-Mason County Chamber of Commerce President and CEO Deidre Peterson said the chamber was “pleased with the recent decision” originally approving Taylor’s oyster farm and the economic benefits it will bring to the county.

“The chamber fully supports the development of Taylor Shellfish’s floating oyster farm in a portion of Oakland Bay and we are pleased with the recent decision. The project will provide significant economic and ecological benefits. Furthermore, we are confident that Taylor Shellfish will be a responsible operator, mindful of the community’s needs. They have continually demonstrated their commitment to environmental stewardship and corporate citizenship,” Peterson said in a statement.

Taylor’s Shelton headquarters contributed $20.7 million in direct payroll for 2022, Public Affairs Director Bill Dewey said.

The proposal requires a Coastal Zone Management Consistency decision from the state Department of Ecology, an Aquatic Use Authorization from the state Department of Fish & Wildlife, a Section 10 Rivers & Harbors Act permit from the U.S. Army Corps of Engineers, a Private Aids to Navigation permit from the U.S. Coast Guard, a Section 6.3 Notice to the Squaxin Island Tribe, and eventually a Harvest Site Certification from the WA Department of Health. All of the approvals are in process, Dewey said.