PORT OF SEATTLE
MEMORANDUM

COMMISSION AGENDA            Item No.     4e

Date of Meeting  September 302 2014

DATE:   September 10, 2014

TO:     Tay Yoshitani, Chief Executive Ofcer

FROM:   Michael McLaughlin, Director Cruise and Maritime Operations


SUBJECT:  Vessel Coordination Agreement between the Port of Seattle and the Muckleshoot Indian
Tribe for coordination of Treaty shing access and cargo/cruise vessel arrival and departures at port
berthing facilities

Amount of This Request:   Estimated Fixed Cost   $632,000  Source of Funds: General Fund/Ops
Estimated Variable Cost $200,000

ACTION REQUESTED:

Request Port Commission authorization for the Chief Executive Ofcer to enter into a two year
Agreement with the Muckleshoot Indian Tribe to assist with permit concurrence and coordination of
Treaty shing access with cargo and cruise vessels serving Port of Seattle berthing facilities in the
Duwamish Waterway, East Waterway, West Waterway, and Elliott Bay.

SYNOPSIS:

The Muckleshoot Indian Tribe (Tribe) and the port agree that continued successful Treaty shing access
and marine cargo/cruise vessel access in areas where Treaty shing and Port operations over-lap is
mutually benecial. Experience during the past 19 years indicates that actions taken to avoid conicts
between Treaty shing activities and cargo/cruise vessels serving Port facilities improves safety, reduces
damage to shing gear, and allows for orderly harvest, while reducing the potential for delays in vessel
arrivals and departures. This agreement obligates the port to provide funds for both program
administration and net claims, and includes moorage for two boats at the Harbor Island Marina during
active shing periods. The requested funding is consistent with historical program costs, moorage and
anticipated claims for the 2014 and 2015 shing seasons. Estimated annual xed program costs
$316,000. Estimated annual variable program costs $100,000. This Agreement will illl business needs
of Port to obtain letters of non-opposition for two Port-sponsored projects which will help the Port
obtain permits and increase the chances that those projects will be delivered on time and on budget. This
program also maintains our Port's competitiveness by minimizing delays and disruptions for customers
accessing or berthing at Port-owned facilities.

COMMISSION AGENDA
T. Yoshitani, Chief Executive Ofcer
September 23, 2014
Page 2 of 3

BACKGROUND

Beginning in the late 90's as an element of the Terminal 5 Redevelopment Project and as a result of
more recent port development projects in the East Waterway (including: Terminal 18, South and North
Apron Improvement Projects; Terminal 25/1"erminal 30 connecting bridge project; and, Terminal
30/Terminal 91 cruise vessel relocation project) and in the Duwamish Waterway (Terminal 115 barge
cargo pier rehabilitation) the port has agreed to compensate the Tribe for adverse effects on Treaty
shing due to vessel berthing activities at port marine terminal facilities. The port's long-term
commitment to the Tribe relates to maintenance of usual and accustomed treaty shing
access adjacent
to port marine terminal sites throughout the East and West Waterways and adjacent to other port marine
facilities in Elliott Bay and the Duwamish Waterway, which are known
areas of tribal shing activity.

The most recent vessel coordination agreement with the Tribe expired at the end of 2013.

Scope of Agreement:

The proposed agreement provides for continuing Tribe and port Treaty shing coordination activities,
based on the elements and success of past agreements and mutual actions.

During the shing season, for each year during the 2 year term of the agreement, the Tribe will provide
around-the-clock, on-site staff to monitor shing activities during the specied sheries in the
agreement and to coordinate shing harvest with cargo/cruise vessel movements; such that vessel and
shing gear conicts may be managed and minimized.

Coordination activities will include exchange of harvest activity and cargo/cruise vessel arrival and
departure information between the Tribe and the Port, twenty-four hour personnel tasked with alerting
shers and Port operators concerning potential vessel/net conicts and, where appropriate, movement of
shing gear to allow for cargo/cruise vessel arrivals and departures at port berthing facilities.

The proposed agreement also provides for:

1.  Moorage of two monitoring boats, used by Tribe coordination staff, at Harbor Island Marina
located at Terminal 102, during the harvest periods
2.  Compilation by the port and transmitting anticipated cargo/cruise vessel activity information to
Tribe shing monitors, including detailed vessel arrival and departure information, beginning
Sunday of each week and up-dated daily throughout each shing period.
3.  Compensation from the port for movement ofTreaty shing gear, when determined to be
appropriate, to allow moorage and departure of cargo/cruise vessels at Port of Seattle berthing
facilities.
4.  Compensation from the port for Treaty shing gear lost or damaged as a result of cargo/cruise
vessel arrival and departure at port berthing facilities.
5.  Summary Reporting of Incidents to the Port. The Tribe agrees to provide a monthly summary
report of claims made during the shing season that includes the number and type (i.e., net move
or gear damage) of claims associated with each Port marine terminal. Following all net
move,

COMMISSION AGENDA
T. Yoshitani, Chief Executive Ofcer
September 23, 2014
Page 3 of 3

the Tribe will provide the
gear loss, and lost shing time transactions for each shing season,
port with a summary accounting record of incidents, including net moves, compensation for
damaged gear, and lost shing time.

6.  The Muckleshoot Indian Tribe agrees to transmit a letter of non-opposition for two port-
sponsored projects: (1) Pier 34 moorage repair and maintenance project and (2) Terminal 91,
Pier 91, Underwater Grading east berth /dredging project. A summary of the scope of these two
projects is attached to this agreement. For the Pier 34 moorage repair and maintenance project,
the Tribe will transmit a letter of non-opposition to the Port within ve business days of
execution of this agreement. For the Terminal 91 Pier 91, underwater grading east
,
berth/dredging project, the Tribe agrees not to oppose the issuance of the Corps permit when the
public notice becomes available.


DOCUMENTS ASSOCIATED WITH THIS REQUEST:

Attached proposed dra 2 year Vessel Coordination agreement.