Marine Sanctuary Info


Marine Sanctuary

City of Edmonds Beaches are marine sanctuaries. No fishing, clamming, crabbing, or collection of shells, rocks, driftwood, or other marine life is allowed. In addition, their are no fires or alcohol. Motorized vehicles are not allowed on any city beach.

Dogs are only allowed at the Off-Leash Area south of Marina Beach Park, however dogs must remain under their owners voice control at all times. Scoop laws are in effect to protect the water quality.

 

City Ordinances Regarding Protected Status of Beaches:

Check with City of Edmonds for up to date information.

5.32.005 Definitions.
When used in this chapter the following terms shall have the following meanings:
A. "Brackett's Landing Shoreline Sanctuary" means that marine resource area lying between the inner harbor line and the western most boundary of the railroad right of way and between the ferry dock on Main Street and a line extending due west from the end of Caspers Street. The Brackett's Landing Shoreline Sanctuary is reserved solely to provide the public, scientists and students the opportunity to examine over a period of time the ecological relationships within such area.
B. "Motorized boat" means any boat or other water craft propelled by any device that converts any form of energy into mechanical energy, including, but not limited to internal combustion engines, electric motors, steam engines, or sails specifically excepting, however, water craft powered solely by human exertion.
C. "Park" refers to public parks, including underwater parks, beaches and playgrounds, owned by, leased or otherwise under the direct supervision and/or control of the city of Edmonds.
D. "Scuba diving" refers to the acts of persons who are in, upon or under the water either wearing or otherwise utilizing any breathing device intended to extend the user's time under water beyond his normal lung capacity.
E. "Skin diving" and/or "free diving" refers to the acts of a person who is in, upon or under the water while wearing an exposure suit, swim fins and face mask (or goggles).
F. "Buoyancy compensator" refers to an inflatable, personal vest, suit, or other device, attached to the diver and/or the diver's equipment that is capable of being inflated to provide surface flotation for the diver. [Ord. 2531, 1985; Ord. 2284 § 1, 1872; Ord. 1991 § 1, 1978; Ord. 1507 § 1, 1970].


Applicable to ALL BEACHES:


5.32.105 For collection of marine life on city beaches - Permit required.
A. It shall be unlawful for any person to knowingly engage in any of the following activities on any public beach in the city of Edmonds without first obtaining a permit from the Edmonds parks and recreation director or designee:
1. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever.
2. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam "guns", buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retaining in one's possession marine life, gaffs, or any other similar device.
B. The parks and recreation director may issue permits for the collection of any marine life from public beaches, other than the Brackett's Landing Shoreline Sanctuary, whenever the issuance of such permit will not materially jeopardize the continued viability of marine life on such Edmonds public beaches, or otherwise be contrary to the continued use and enjoyment of the city's public beaches.
C. Brackett's Landing Shoreline Sanctuary, as otherwise regulated by this chapter, shall not be subject to the provisions of this section. [Ord. 2531, 1985; Ord. 2402 § 2, 1983].

5.32.080 Prohibited acts on beaches adjacent to underwater parks.
It is unlawful for any person to violate any of the following regulations on the city park and beach lying north of the ferry dock on Main Street extended and south of the bathhouse situated on Sunset Beach:

A. When having in his or her possession scuba or free diving equipment the additional possession of any device designed for the taking of fish, bivalves, mollusks, crustaceans or other marine plant or animal life including, but not limited to, fishing lines, poles or hooks, spears or spear guns of every kind and description, nets for taking or collecting already taken marine life, gaffs, stringers designed for attaching fish, or any other similar hunting and/or fishing device of every kind and description; provided, however, nothing herein shall be construed to prevent the following:
1. The wearing by scuba or free divers of knives properly sheathed which are customarily used by scuba or free divers;
2. The possession of fishing tackle designed for fishing from above the surface of the water (excluding scuba or skin diving equipment) from the fishing pier or breakwater provided by the city. [Ord. 2531, 1985; Ord. 2402 § 1, 1983; Ord. 1991 § 4, 1978; Ord. 1507 § 1, 1970].

5.32.070 Prohibited acts within underwater parks.
The following acts are unlawful and are prohibited within the boundary of any underwater park:
A. Possession of any device designated for the taking of fish, bivalves, mollusks, crustaceans, or other marine plant and/or animal life including, but not limited to, fish lines, poles or hooks, spears or spear guns of every kind and description, nets for taking or collecting already taken marine life, gaffs, stringers designed for attaching fish, or any other similar hunting and/or fishing device of every kind and description; provided, however, nothing herein shall be construed to prevent the wearing by scuba divers or skin divers of knives properly sheathed which are customarily used by divers;
B. The taking or possession of any fish, bivalve, mollusk, crustacean or any other type of marine organism, whether plant or animal, of any kind and description;
C. Scuba diving and/or free diving alone or without a "buddy" or scuba diving companion both of which persons shall be capable of mutual rescue;
D. Scuba diving or possession of scuba diving apparel and equipment, unless in possession of written proof of being certified by an instructional program recognized by the Washington council of skin diving clubs or in possession of a current registration card issued by the supervisor of safety, state of Washington, department of labor and industries, pertaining to scuba diving;
E. Scuba diving without wearing a buoyancy compensator. [Ord. 2531, 1985; Ord. 1991 § 3, 1978; Ord. 1921 § 1, 1977; Ord. 1507 § 1, 1970].

5.05.060 Dogs on public grounds.
A. It shall be unlawful for an owner to allow any dog to stray and/or enter with or without a leash or other means of restraint upon any school ground, playfield, park, beach, waterfront or other public property.
B. Notwithstanding the restrictions set forth in subsection A of this section, dogs accompanied by their owners may be walked or exercised while on leash in the following areas:
1. The inner trails of Yost Park, in the area commonly known as the Shell Valley area; and
2. Marina Beach Park, in the area south of the Union Oil loading terminal, such area being further described to be a walking strip of 50 feet in width at the entrance of and along the east end of Marina Beach Park South; and
3. The asphalted pathways in Sierra Park; and
4. The inner trails of Pine Ridge Park; and
5. All trails in Maplewood Park; and
6. The southeast wooded area of City Park; and
7. The turf area of Mathay-Ballinger Park; and
8. The asphalted pathways of Seaview Park.
C. All dogs permitted in the areas designated in subsection B of this section shall be on a leash except for dogs permitted in Marina Beach Park South.
D. Nothing herein shall be determined to require the posting of notices to exclude animals; provided, however, that such postings may be undertaken at the discretion of the manager of parks and recreation.
E. The regulations under ECC 5.05.070 <edmonds5.html> relating to animal waste and the removal and proper disposal of said waste will be strictly enforced. [Ord. 3451 § 1, 2003].

5.32.040 Drinking intoxicants in public parks prohibited.
It is unlawful for any person to consume any intoxicating liquor as defined by ECC 5.19.010 <#5.19.010> , within any public park, beach or playground within the city of Edmonds whether owned by, leased or otherwise under the supervision of the city. [Ord. 2531, 1985; Ord. 1486 § 1, 1970].
5.32.050 Horses and similar animals.
Unless otherwise directed by the director of parks and recreation as set forth in ECC 5.05.150 <#5.05.150> , it is unlawful for any person to ride, lead or otherwise permit any horse, jackass, mule, donkey, burro and/or bovine animal to be within or on any park. [Ord. 2531, 1985; Ord. 1507 § 1, 1970].

5.32.060 Underwater park regulations.
In addition to the regulations applicable to all parks as set forth in the Edmonds City Code, the following additional regulations shall be applicable to underwater parks and it is unlawful for any person to violate the terms thereof.
A. Boating and Submersible Vehicles. Subject to written permission as provided below, it is unlawful for any person to water ski, operate any type of boat or watercraft of every kind and description, including, but not limited to boats propelled manually, by wind or motor driven, over or within any underwater park or delineated ingress or egress area into or away from said underwater park, or within 200 feet in any direction of said underwater park or area delineated for ingress or egress into or away from said underwater park; provided:
1. Nonsubmersible paddle boards, rubber rafts or inner tubes used as safety flotation devices by scuba divers or free divers shall not be prohibited; and
2. Inflatable rafts or boats propelled manually may be used for instructional purposes only during classes conducted by an instructor certified by agencies set forth in ECC 5.32.070 <#5.32.070> D herein.
B. Scuba Diving and/or Free Diving. Subject to the written permission provided below, it is unlawful for any person to scuba dive and/or free dive within 300 feet of any public boat launching or mooring facilities and/or public ferry landings except in city owned or leased underwater parks.
C. Nonswimming areas may be designated as set forth in ECC 5.10.080 <#5.10.080> through 5.10.082 <#5.10.082> . [Ord. 2531, 1985; Ord. 1991 § 2, 1978; Ord. 1507 § 1, 1970].

5.22.030 Outdoor burning ban.
A. Outdoor burning means the combustion of material of any type in an open fire or in an outdoor container.
B. Notwithstanding any other code provision to the contrary, it shall be unlawful for any person to engage in outdoor burning within the city limits of Edmonds, except as provided herein in this chapter.
C. This section shall not apply to: (1) fires which are burned for fire-fighting training; or (2) small cooking fires (consisting solely of charcoal, natural gas, propane or seasoned natural wood) and campfires at designated state, county and city campgrounds.
D. Any person violating this section shall be guilty of a gross misdemeanor, and upon conviction thereof, be punished as provided in ECC 5.50.020 <#5.50.020> . This penalty provision shall be in effect until December 31, 2000; thereafter, the penalties for violation of this section shall be the same as specified in RCW 70.94.430 and 70.94.431 as they now exist or may hereafter be amended. [Ord. 2886 § 1, 1992].

Applicable to the Brackett's Landing Underwater Park:


5.10.055 Watercraft - No wake zone.

It shall be unlawful for any person to operate any watercraft within the hereinafter defined no wake zones in such a manner as to create a visible wake. No wake zones are hereby defined to be:
A. Within the boat harbor of the port of Edmonds, such area to be identified as lying within the breakwater maintained by the port;
B. Over the Edmonds underwater park as designed by markers and buoys; and/or
C. Within 50 yards of any public beach, swimming area or fishing pier.
This provision shall not apply to watercraft operated by the Washington State Ferry System nor to any watercraft operated for emergency or rescue purposes by the city of Edmonds, port of Edmonds, Snohomish County or state of Washington. [Ord. 2533, 1985].

Applicable to Olympic Beach:


5.32.085 Scuba and skin diving prohibited.
A. Except as authorized in ECC 5.32.090 <#5.32.090> , no person shall scuba or skin dive in the following described area:
Those waters lying northerly and easterly of a line extending from a boundary marker on the northwest corner of the northern breakwater of the port of Edmonds marina, that line extending northwesterly 275 feet to a marker buoy, thence northeasterly 1,050 feet to a marker buoy, thence southeasterly to the northeastern end of the city of Edmonds public beach.
B. The Edmonds parks and recreation department shall place appropriate notices prohibiting scuba and skin diving in the area above. [Ord. 2531, 1985; Ord. 1991 § 5, 1978; Ord. 1908, 1977].

Applicable to the Fishing Pier:

5.32.100 Fishing pier regulations.
It shall be unlawful for any person to violate any of the following regulations on the Edmonds public fishing pier at the Edmonds boat harbor adjacent to Dayton Beach Park:
A. No person shall permit any animal to enter or remain on the fishing pier; provided, however, that this section shall not apply to seeing eye dogs that are being used by blind persons for the purpose of aiding them going from place to place.
B. No person shall use or operate any wheeled vehicle upon the fishing pier, including but not limited to any motor vehicle, bicycle, roller skates or skateboard; provided, however, this section shall not apply to authorized police, fire and public works vehicles, wheelchairs being used by handicapped persons and carriages for infants.
C. No person shall cast fishing tackle of any kind or description, including but not limited to, hooks, lines and/or sinkers, from the fishing pier at any location where signs are posted to prohibit such casting. [Ord. 2531, 1985; Ord. 2337 § 1, 1982; Ord. 2065 § 1, 1979].

Boating Code:


5.10.055 Watercraft - No wake zone.
It shall be unlawful for any person to operate any watercraft within the hereinafter defined no wake zones in such a manner as to create a visible wake. No wake zones are hereby defined to be:
A. Within the boat harbor of the port of Edmonds, such area to be identified as lying within the breakwater maintained by the port;
B. Over the Edmonds underwater park as designed by markers and buoys; and/or
C. Within 50 yards of any public beach, swimming area or fishing pier.
This provision shall not apply to watercraft operated by the Washington State Ferry System nor to any watercraft operated for emergency or rescue purposes by the city of Edmonds, port of Edmonds, Snohomish County or state of Washington. [Ord. 2533, 1985].

Misc.


5.05.131 Wild animals.
No person shall own any wild animal unless he has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless while the person acquires the necessary state and/or federal permits. Any person who violates this section shall be guilty of a misdemeanor, punishable by up to 90 days in jail and up to a $1,000 fine or both. [Ord. 3451 § 1, 2003].


5.05.132 Inherently dangerous animal.
It is unlawful for any person to possess or maintain an inherently dangerous animal within the city of Edmonds. Any person who violates this section shall be guilty of a misdemeanor, punishable by up to 90 days in jail and up to a $1,000 fine or both. [Ord. 3451 § 1, 2003].For the Underwater Park:

5.32.085 Scuba and skin diving prohibited.
A. Except as authorized in ECC 5.32.090 <#5.32.090> , no person shall scuba or skin dive in the following described area:
Those waters lying northerly and easterly of a line extending from a boundary marker on the northwest corner of the northern breakwater of the port of Edmonds marina, that line extending northwesterly 275 feet to a marker buoy, thence northeasterly 1,050 feet to a marker buoy, thence southeasterly to the northeastern end of the city of Edmonds public beach.
B. The Edmonds parks and recreation department shall place appropriate notices prohibiting scuba and skin diving in the area above. [Ord. 2531, 1985; Ord. 1991 § 5, 1978; Ord. 1908, 1977].

5.32.090 Diving allowed by special permission.
The activities relating to underwater parks enumerated in ECC 5.32.060 <#5.32.060> through 5.32.085 <#5.32.085> shall be specifically prohibited except when:
A. Express permission is granted in writing by any one of the following officials for the purpose of research:
1. The mayor or any department head of the city of Edmonds;
2. Any commissioner of the port of Edmonds, or the port manager;
3. The State Department of Fisheries.
B. Express permission is granted for emergency operations by the mayor, any department head, any port commissioner, any police officer or any firefighter.
C. The department of parks and recreation conducts organized activities under its supervision.
D. A permit is issued by the director of parks and recreation for the purpose of allowing maintenance by scuba divers to clean debris and garbage accumulated around Edmonds fishing piers on the following conditions:
1. The names of each diver are listed on the permit;
2. A hold harmless agreement and release is obtained from each diver prior to the issuance of a permit; 3. Adequate precautions are required to protect divers from other activities on or in the vicinity of the fishing pier;
4. Permit states the dates and time period during which the maintenance operation shall be conducted; and
5. No marine life shall be removed from the water if that marine life is otherwise protected by this chapter. [Ord. 2531, 1985; Ord. 2425, 1984; Ord. 1507 § 1, 1970].

Marine Sanctuary:


5.32.105 For collection of marine life on city beaches - Permit required.
A. It shall be unlawful for any person to knowingly engage in any of the following activities on any public beach in the city of Edmonds without first obtaining a permit from the Edmonds parks and recreation director or designee:
1. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever.
2. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam "guns", buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retaining in one's possession marine life, gaffs, or any other similar device.
B. The parks and recreation director may issue permits for the collection of any marine life from public beaches, other than the Brackett's Landing Shoreline Sanctuary, whenever the issuance of such permit will not materially jeopardize the continued viability of marine life on such Edmonds public beaches, or otherwise be contrary to the continued use and enjoyment of the city's public beaches.
C. Brackett's Landing Shoreline Sanctuary, as otherwise regulated by this chapter, shall not be subject to the provisions of this section. [Ord. 2531, 1985; Ord. 2402 § 2, 1983].


5.32.110 Prohibited acts within Brackett's Landing Shoreline Sanctuary.
It is unlawful for any person to knowingly commit any of the following acts within the Brackett's Landing Shoreline Sanctuary except when permitted by special permit obtained as provided below:
A. To injure, destroy or otherwise contribute to the physical degradation of the habitat of any fish, bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism.
B. To take, possess, injure, or destroy any bird, mollusk, crustacean, marine or intertidal algae or plant, or any other marine or intertidal organism of any kind whatsoever.
C. To possess any device intended for the taking of birds, mollusks, crustaceans, marine or intertidal algae or plants or any other marine or intertidal organisms, including but not limited to shovels, clam "guns," buckets, crab pots or traps, hooks, spears or spear guns of every kind and description, nets for capturing or retaining in one's possession marine life, gaffs, or any other similar device.
D. To ignite, fuel, maintain or permit any fire except a fire in a facility specifically designed for open fires and expressly designated as such by the parks and recreation director, or contained cooking stoves including but not limited to a charcoal, gas or propane stove or grill.
E. To operate or permit to operate any motorized boat except a Washington State Ferry to the extent necessary for docking operations. [Ord. 2531, 1985; Ord. 2284 § 2, 1982].

5.32.120 Shoreline sanctuary permit.
A. Any person may engage in an activity prohibited by ECC 5.32.110 <#5.32.110> (A) through (C); provided such person obtains and possesses a "Shoreline Sanctuary permit" issued by the director of parks and recreation or designee.
B. Such permit shall only be issued upon a showing to the satisfaction of the parks and recreation director or designee that such permit is necessary for scientific research, educational endeavors or because of an emergency threatening the public health, safety and/or general welfare or the marine life of such sanctuary. The permit shall set forth:
1. The activity allowed.
2. The dates such permit shall be effective.
3. The names of the person to whom the permit is issued. [Ord. 2531, 1985; Ord. 2284 § 3, 1982].
5.32.130 Acts deemed a public nuisance.
Any action which materially injures or threatens harm to any marine organism in the Brackett's Landing Shoreline Sanctuary or which materially degrades the physical habitat of such marine organisms, shall be deemed a public nuisance subject to injunctive relief and civil damages for any such harm. [Ord. 2531, 1985; Ord. 2284 § 4, 1982].Authorizing the Brackett's Landing Shoreline Sanctuary: WSR 00-01-103

PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE
[ Order 99-215 -- Filed December 16, 1999, 12:58 p.m. ]
WAC 220-16-720
Brackett's Landing Shoreline Sanctuary Conservation Area.
"Brackett's Landing Shoreline Sanctuary Conservation Area" is defined as those bed lands and tidelands owned by the City of Edmonds at Brackett's Landing Shoreline Sanctuary, and the water column above these bed lands and tidelands including all of the area known as Edmonds Underwater Park.
[Statutory Authority: RCW 77.12.040]