Chapter 16.20
WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS

Sections:

16.20.010 Establishment and authority of district.

16.20.015 Purpose.

16.20.016 Establishment of program.

16.20.020 District boundaries.

16.20.040 Revenue authority.

16.20.045 Collection of charges or rates and exemptions.

16.20.050 Sunset date and dissolution of district.

16.20.060 Relationship with other entities.

16.20.065 Advisory groups.

16.20.090 Severability.

16.20.010 Establishment and authority of district.

There is hereby established the Drayton Harbor and Portage Bay shellfish protection districts under the authority of Chapter 90.72 RCW, Shellfish Protection Districts. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.015 Purpose.

The purpose of these districts is to provide services to citizens experiencing nonpoint pollution of surface water drainages and coastal waters and to implement those portions of the Drayton Harbor and Portage Bay closure response strategies necessary to allow removal of the Drayton Harbor and Portage Bay downgrades. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.016 Establishment of program.

The Portage Bay Initial Closure Response Strategy dated February 10, 1998, is hereby adopted as the Portage Bay shellfish protection program. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C).

16.20.020 District boundaries.

The Drayton Harbor shellfish protection district shall be the approximate area included in the Drayton Harbor watershed and contained within the boundaries that are declared as follows:

Commencing on the forty-ninth parallel at the point dividing the American and Canadian territory in the Gulf of Georgia; thence easterly along said international boundary line to the intersection of Markworth Road; thence southerly along the centerline of Markworth Road to the intersection of Badger Road; thence easterly along the centerline of Badger Road to the intersection of Glendale Road; thence southerly along the centerline of Glendale Road to the intersection of Loomis Trail Road; thence westerly along the centerline of Loomis Trail Road to the intersection of Bob Hall Road; thence southerly along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the intersection of Woodland Road; thence southerly along the centerline of Woodland Road to the intersection of Harksell Road; thence easterly along the centerline of Harksell Road to the intersection of Enterprise Road; thence southerly along the centerline of Enterprise Road to the intersection of Aldergrove Road; thence westerly along the centerline of Aldergrove Road to the intersection of Olson Road; thence northerly along the centerline of Olson Road to the intersection of Grandview Road; thence westerly along the centerline of Grandview Road to the intersection of Valley View Road; thence northerly along the centerline of Valley View Road to the intersection of Bay Road; thence westerly along the centerline of Bay Road to the intersection of Kickerville Road; thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the intersection of Blaine Road; thence northerly along the centerline of Blaine Road to the intersection of Lincoln Road; then westerly along the centerline of Lincoln Road to where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo Parkway to the intersection of Drayton Harbor Road; thence following a line running off-shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to follow existing boundaries of land parcels.

The Portage Bay shellfish protection district shall be the approximate area included in the Nooksack watershed and contained within the boundaries that are declared as follows:

Commencing on the forty-ninth parallel at the intersection of Markworth Road; thence easterly along said international boundary line to the easterly section line of Township 41 North, Range 3 East, Section 35; thence southerly along said section line to the intersection of Halverstick Road; thence westerly along the centerline of Halverstick Road to the easterly section line of Township 40 North, Range 3 East, Section 3; thence southerly along said section line to the northerly line of Township 40 North, Range 3 East, Section 11; thence easterly along said section line to the easterly section line of Township 40 North, Range 3 East, Section 11; thence southerly along said section line to the intersection of East Badger Road; thence easterly along the centerline of East Badger Road to the intersection of Trap Line Road; thence southerly along the centerline of Trap Line Road to the intersection with the City Limits of Everson; thence proceeding easterly along the City Limits of Everson to the intersection with the City Limits of Nooksack; thence proceeding along the City Limits of Nooksack to the easterly section line of Township 40 North, Range 4 East, Section 31; thence southerly along said section line to the northerly section line of Township 39 North, Range 4 East, Section 5; thence easterly along said section line to the intersection with Nooksack Road; thence southerly along the centerline of Nooksack Road to the intersection with Hopewell Road; thence easterly along the centerline of Hopewell Road to the intersection with Lawrence Road; thence southerly along the centerline of Lawrence Road to the northerly section line of Township 39 North, Range 4 East, Section 21; thence easterly along said section line to the westerly section line of Township 39 North, Range 4 East, Section 13; thence northerly along said section line to the northerly section line of Township 39 North, Range 4 East, Section 1; thence easterly along said section line to the westerly section line of Township 40 North, Range 5 East, Section 31; thence northerly along said section line to the northerly section line of Township 40 North, Range 5 East, Section 31; thence easterly along said section to the westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along said section line to the northerly line of Township 40 North, Range 5 East, Section 4; thence easterly along said section line to the westerly section line of Township 41 North, Range 5 East, Section 34; thence northerly along said section to the 49th parallel; thence easterly along the 49th parallel to the easterly section line of Township 41 North, Range 5 East, Section 36; thence southerly along said section line to the northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly along said section line to the easterly section line of Township 40 North, Range 6 East, Section 5; thence southerly along said section to the northerly section line of Township 40 North, Range 6 East, Section 9; thence easterly along said section line to the National Forest Boundary; thence proceeding southerly along said National Forest Boundary to the boundary between Whatcom County and Skagit County; thence westerly along said County boundary to the westerly section line of Township 37 North, Range 5 East, Section 34; thence northerly along said section line to the southerly section line of Township 37 North, Range 5 East, Section 21; thence westerly along said section line to the westerly section line of Township 37 North, Range 5 East, Section 21; thence northerly along said section line to the southerly section line of Township 37 North, Range 5 East, Section 17; thence westerly along said section line to the westerly section line of Township 37 North, Range 4 East, Section 13; thence northerly along said section line to the southerly section line of Township 37 North, Range 4 East, Section 11; thence westerly along said section line to the westerly section line of Township 37 North, Range 4 East, Section 11; thence northerly along said section line to the southerly section line of Township 38 North, Range 4 East, Section 15; thence westerly along said section line to the westerly section line of Township 38 North, Range 4 East, Section 17; thence northerly along said section line to the southerly section line of Township 38 North, Range 4 East, Section 7; thence westerly along said section line to the westerly section line of Township 38 North, Range 4 East, Section 7; thence northerly along said section line to the intersection of East Smith Road; thence westerly along the centerline of East Smith Road to the easterly section line of Township 39 North, Range 3 East, Section 31; thence southerly along said section line to the intersection of Kelly Road; thence westerly along the centerline of Kelly Road to the intersection of Guide Meridian; thence southerly along the centerline of Guide Meridian to the southerly section line of Township 38 North, Range 2 East, Section 1; thence westerly along said section line to the easterly section line of Township 38 North, Range 2 East, Section 11; thence southerly along said section to the southerly line of Township 38 North, Range 2 East, Section 11; thence westerly along said section to the easterly section line of Township 38 North, Range 2 East, Section 16; thence southerly along said section line to the intersection with Bellingham Bay; thence recommencing at the westerly section line of Township 38 North, Range 2 East, Section 20 in the Nooksack Delta; thence northerly along said section line to the northerly section line of Township 38 North, Range 2 East, Section 17; thence easterly along said section line to the centerline of the Nooksack River; thence following the centerline of the Nooksack River to the intersection with the City Limits of Ferndale; thence westerly, proceeding along the City Limits of Ferndale to the intersection with Mt. View Road; thence westerly along the centerline of Mt. View Road to the intersection with the City Limits of Ferndale; thence northerly, proceeding along the City Limits of Ferndale to the intersection with Church Road; thence northerly along the centerline of Church Road to the intersection of Aldergrove Road; thence easterly along the centerline of Aldergrove Road to the intersection of Enterprise Road; thence northerly along the centerline of Enterprise Road to the intersection of Harksell Road; thence westerly along the centerline of Harksell Road to the intersection of Woodland Road; thence northerly along the centerline of Woodland Road to the intersection of Birch Bay-Lynden Road; thence easterly along the centerline of Birch Bay-Lynden Road to the intersection of Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the intersection of Loomis Trail Road; thence easterly along the centerline of Loomis Trail Road to the intersection of Glendale Road; thence northerly along the centerline of Glendale Road to the intersection of West Badger Road; thence westerly along the centerline of West Badger Road to the intersection of Markworth Road; thence northerly along the centerline of Markworth Road to the forty-ninth parallel, POB.

(Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.040 Revenue authority.

The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the discretion of the board of supervisors, which shall be the county council for the operation of these districts. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.045 Collection of charges or rates and exemptions.

Property owners within these shellfish protection districts may be assessed charges or rates as allowed by Chapter 90.72 RCW to finance the shellfish protection programs. The owner of any property within a shellfish protection district which is exempt from charges or rates because such property is subject to the National Pollution Discharge Elimination System as specified in RCW 90.72.070 shall demonstrate such exemption annually to the county assessor. If evidence of exemption is not provided, the property will automatically convert from exempt status and the property will be subject to charges or rates. Land exempt from charges and rates as specified in RCW 90.72.070 because of its forest land classification will automatically convert from exempt status if the land classification changes and will be subject to charges or rates. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C).

16.20.050 Sunset date and dissolution of district.

The Drayton Harbor shellfish protection district shall be dissolved on December 31, 2008, unless specifically extended by ordinance of the county legislative authority, or upon the removal of the downgrade. The Portage Bay shellfish protection district shall be dissolved and this chapter repealed on December 31, 2008, unless specifically extended by ordinance of the county legislative authority, or upon the removal of the downgrade. These districts may also be dissolved by the county legislative authority by ordinance. The county legislative authority shall review the continued need for these districts four months prior to their sunset dates. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 2000-028; Ord. 98-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.060 Relationship with other entities.

No program or activity proposed by the district shall replace or consolidate existing activities performed by cities or other noncounty provided water-related special purpose districts without their consent. In formulating new programs, consultation and coordination shall occur with cities and other water-related special districts. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.065 Advisory groups.

The board of supervisors shall appoint advisory committees of not more than 11 members to advise on the overall operations of these districts. Two of the 11 members will represent tribal interests of the Nooksack Tribe and Lummi Nation. In establishing district advisory committees, all members shall have a direct interest in the district. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).

16.20.090 Severability.

If any provision of this chapter is found to be invalid, all remaining provisions shall continue in effect. (Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036).