LULA CALL TO ACTION
Your Board of Directors has been working very hard to prepare LULA’s response to the Draft Director’s Rule, and we have completed our work and sent the letter through our attorney, Jeff Eustis to DPD for consideration. Please review and send your comments to DPD as recommended in the box below.View LULA’s proposal in its entirety here. Supplemental Document (Stakeholder Apendix D) SUMMARY OF LULA PROPOSAL:
LULA makes the following specific recommendations to the DPD and the City of Seattle relating to the composition of the Director’s Rule:
* A vessel moored in Seattle waters prior to the effective date of the new SSMP (SMC § 23.60.A – Ordinance 124105) will be considered a legal vessel and will be considered conforming if the vessel meets the following criteria:
- The vessel is designed and used for navigation, and
- The vessel has a means of steering and propulsion, and
- Items 1 and 2 above are documented by either:
- An affidavit from an independent marine professional with at least 5 years of experience, such as a naval architect, marine surveyor, boatyard operator, shipwright, or boat designer; or
- Written or pictorial evidence (e.g., log books, video, photos) provided by the vessel owner that the vessel has used its own propulsion and steering to navigate in waters typical of those in which the vessel is moored.
- Selection of an independent marine professional will be at the discretion of the vessel owner, who will be responsible for any costs incurred.
- A vessel owner who submits the necessary documentation will be provided with a certificate of compliance or equivalent written ‘recognition by OPO that the vessel meets the legal definition of a vessel under SMC § 23.60.942 and SMC § 23.60.090F.
- Once a vessel has been certified by DPD as a legal vessel, any owner of that vessel will not need to seek recertification from DPD.
- Providing vessel documentation and obtaining DPD certification will be voluntary on the part of the vessel owner. This means that the owner of a vessel will not be required to provide documentation and obtain DPD certification unless a notice of violation (NOV) is issued against a vessel for noncompliance with the requirements of the Director’s Rule; in this case, if the owner can establish that the vessel was moored in Seattle waters prior to the effective date of SMC § 23.60.A (Ordinance 124105), the vessel owner would be afforded the opportunity to present documentation that the vessel is designed and used in navigation consistent with SMC § 23.60.942 and SMC § 23.60.090F (as described in Item 3 above).
- Owners of vessels issued an NOV will have an opportunity to correct any deficiencies and seek DPD certification. Any appeal of DPD’s determination would be reviewable by the Office of the Hearing Examiner, with any appeals of the Examiner’s decision being reviewed by the King County Superior Court through an action under the Land Use Petition Act (consistent with the compliance recommendations in the Final Report and Recommendations of the Seattle On-Water Resident Stakeholders Group, Appendix 0,31 May 2013, copy attached).
SEND IN YOUR SUPPORT LETTER IMMEDIATELY
The deadline for comments is 10/25/2013, however, DPD director Diane Sugimura has indicated they will accept comments up to 10/28/2013.
We need your support now! As you know, there is strength in numbers. It is important that we be consistent and united in our response. We are therefore recommending that you send in a endorsement of the LULA position.
We are asking that you do not make specific recommendations, as we want to be united in our position, however, please feel free to state WHY you support these recommendations.
Send your email statement supporting LULA’s position on the Draft Director’s Rule to:
Thank you from The LULA Board of Directors