Current through Register Vol. 24-18, September 15, 2024
(1)
Description: An artificial
aquatic habitat structure is a structure that humans design and place to
provide long-term alterations to saltwater bottom habitat. The structure is
designed and located to contribute to fish and shellfish management. Artificial
reefs are one example.
(2)
Fish habitat concerns: Artificial aquatic habitat structures draw
large numbers of fish for the same reasons natural habitat structures do: They
provide shelter, food, and a place for some species to spawn. They have holes
and crevices in which both predator and prey can hide. However, artificial
aquatic habitat structures alter the seabed and change the natural habitat.
This alteration can change the make-up of the fish community and displace fish
that used the natural habitat. Because artificial aquatic habitat structures
can draw large numbers of fish into one place, coordination with fisheries
managers is critical to prevent overfishing at these sites.
(3)
Artificial aquatic habitat
structure design:
(a) Artificial
aquatic habitat structures must meet one or more of the following needs:
(i) Enhance fish viewing opportunity at a
specific location;
(ii) Enhance or
conserve aquatic resources; or
(iii) Mitigate for impacted
habitat.
(b) Resource
benefits must outweigh negative impacts caused by construction and placement of
the structure.
(c) The department
may require compensatory mitigation for unavoidable construction impacts to
fish life and habitat that supports fish life.
(d) HPA applications must include the target
fish species, species groups, or life stages that a person wants to enhance or
rebuild. The critical habitat and environmental requirements of those species
must be identified.
(e) A complete
application to construct an artificial aquatic habitat structure must include
the results of approved preconstruction surveys, a statement of the fishery or
habitat need for the proposed structure, ongoing maintenance needs, if any, and
a plan for quarterly monitoring for two years after construction.
(f) The department will require at least four
preconstruction surveys:
(i) Preconstruction
surveys must be conducted during each seasonal quarter prior to the start of
the project (January through March, April through June, July through September,
and October through December);
(ii)
Post-construction quarterly monitoring must follow department-approved
biological protocols. A person must submit results of completed surveys to the
department annually; and
(iii) The
department may require additional surveys.
(4)
Artificial aquatic habitat
structure construction:
(a) Locate the
structure at least two hundred yards away from other areas of hard-rock habitat
to reduce the probability of an aquatic invasive species infestation.
(b) Locate the structure where it will least
disturb adjacent shorelines.
(c)
Construct the structures with high-density materials that are nontoxic and
inert in sea water.
(d) Use clean
materials to construct the structure. Do not use materials that would leach
metals, petroleum products, or other hazardous materials.
(e) At least ninety-five percent of the
construction materials must be larger than one foot in diameter.
(f) Avoid using vertical walls. Structures
must consist of piles of loose material or separate modules.
(g) Place the structure where it will cause
the least impact to fish life and the habitat that supports fish
life.
(h) Reef material must not
cover more than fifty percent of the natural substrate within the permitted
area.
(i) Any one rock pile or
module must not cover more than ten percent of the total permitted
area.
(j) Rock piles must be
located at least fifty feet apart.
