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Home My WebLink Aboutord2005-089WHATCOM COUNTY COUNCIL AGENDA BILL Division Head: NO.2005 - 173 A CLEARANCES Initíal Døte Date Received in Councìl Oflìce Asenda Dale Assísned lo: Roy 8t2t2005 REGTIVED AUG 0 2 2005 WHATCOM COUNTY COUNCIL 8t9t2005 lntroduction ql11I?OO\Nat. Res. DepL Head:e/27 /20Os Nat. Res. Proseculor rc/r/0s Public Hearir Purchasins/Budpet:11lt) /rnnÃ r'r^'.ñ^i I Executive:1? l6l?OOF,HearlNd TITLE OF DOCUMENT: Ordinance amending Title 11 Boating and Swimming - Flotation Dev¡ces on Nooksack ATTACHMENTS: SEPA revíew required? ( SEPA revíew compleled? () Yes ) Yes ( () ) NO NO ShouldCleúscheduleohearing? ( X )Yes ( )NO Requesled Dale: gll3tzoos SUMMARY STATEMENT OR LEGAL NOTICE LANGaAGE: (IÍthß ítem is an ordinance or requires øpabtic hearing, you must provide lhe langaage for use ín the requìred public nolíce. Be speciJic and cìte RCW or \TCC ts appropriate Be cleør ín explaíníng lhe íntent of the aclion) Ordinance amending Whatcom County Code, Title 11, Boating and Swimming to limit the use of limb-propelled flotalion devices on lhe South Fork of the Nooksack River. ) COMMITTEE ACTION:COANCIL ACTION: 9/13/2005: Discussed in Natural Resor¡rces oorunittee and amended. Hel-d Lo 9/27. Bl9/20052 rntroduced IO/lllOs: Adoption to be scheduled at a l-a later date 9/27/05: Mínor amendments made to ordinanc Ready for Public Hearing IO/ll/05 11/22/2005r Hetd - Iiearing to be held on December 6th lI/22/05: Amended & approved in committee Amendment: In finding Il, deletettquiettt 12/6/2005: Adopted 7-0, ord. #2005-089 P'Iated County Contract #:Reløted Fíle Numbers:Ordinance or ResoluÍion Number:ord. #2005-089 Pleøse Note: Once ødopted and signed, ordinances ønd resolutions øre øvøílablefor víewing ønd printìng on the County's webs¡te at: www.co.whatcom-wa.us/counc¡L F final version for intro. 11.22.2005 SPONSORED BY: Consent PROPOSED BY: Rqy INTRODUCTION DATE: November 22. 2005 ORDINANCE NO 200s-089 AMENDING WHATCOM COUNTY CODE TITLE 11, BOATING AND SWIMMING, TO LIMIT THE USE OF LIMB-PROPELLED FLOTATION DEVICES ON THE SOUTH FORK OF THE NOOKSACK RIVER FROM JUNE 1 THROUGH OCTOBER 31 WHEREAS, salmon recovery efforts in the Nooksack River Basin continue to be a high priority in our commun¡ty; and WHEREAS, Nooksack River Basin salmon have historical and cultural siqnificance in our community; and WHEREAS, substantial resources have been devoted to salmon recovery in the Nooksack River; and WHEREAS, numerous steps have been taken to protect and enhance critical salmon habitat; and WHEREAS, South Fork Nooksack Chinook Salmon are listed as a threatened species under the Endangered Species Act; and WHEREAS these salmon spawn in the South Fork of the Nooksack River in the area between Edfro Creek and the Acme Bridge from June 1 through October 31; and WHEREAS the South Fork Nooksack provides water-based recreation opportunities for the community; and WHEREAS, the salmon are often disturbed during this criticaltime by people using the Nooksack River for various recreational activities; and WHEREAS, the Whatcom County Council is dedicated to continued protection and restoration of salmon in the Nooksack River and, therefore, finds it necessary to limit recreational use of the river between June l and October 31; and WHEREAS, the County Council must balance the requirements of salmon recovery with onqoinq provision of recreation opportunities; and WHEREAS, the Whatcom County Council hereby enters the following findings of fact and conclusions in support of this ordinance: FINDINGS OF FACT Page I I SALMON RECOVERY 1. South Fork Nooksack Chinook Salmon (hereinafter"Salmon") are a threatened species listed pursuant to the Endangered Species Act. These Salmon spawn in the South Fork of the Nooksack River (hereinafter "South Forki') in the area between Edfro Creek and the Acme Bridge. 2. Salmon recovery is a high priority both in the community and among local legislative bodies. Substantial resources have been devoted to salmon recovery. North Fork Nooksack Chinook Salmon have already been protected via a closure of the Nofth Fork of the Nooksack River to rafters during critical times by the United States Forest Service. 3. The salmon spawning cycle is four years. The salmon swim out to sea for the bulk of that time. Salmon that survive their four-year ordeal return to the South Fork to spawn between the dates of June 1 and October 31. Spawning is a delicate process. Stress and physical disturbance of salmon during spawning can prevent successful spawning. Salmon construct nests called "redds" in the bed of the river. Disturbance of salmon during the creation of redds can prevent redd establishment, displace salmon to less suitable habitats, and/or lead to the creation of poorly constructed redds. During spawning, disturbance of the salmon can lead to improperly constructed egg pockets, scattering of eggs, and/or prevention of spawning altogether. Post-spawning, disturbance can lead to displacement of the female salmon protecting the redds. While the eggs are in the redds, they are vulnerable to trampling 4. Salmon require cool water, minimal disturbance, hiding areas, clean gravel, and clean water to spawn. The South Fork has a lack of woody debris in the water, and, as a result, the Salmon have few ptaces to hide. The summer water temperatures in the South Fork are higher than optimal for spawning. The salmon are severely stressed by these environ mental conditions. USE OF LIMB-PROPELLED FLOTATION DEVICES AND SIMILAR CRAFT 5. The area between Edfro Creek and the Acme Bridge is heavily used by persons recreating in various floatation devices, including inner tubes and other "limb-propelled flotation devices" (LPFD's). LPFD's are a unique type of water device. Legs and arms extend outside of LPFD's for propulsion and steering. Typical recreational use of LPFD's includes large groups, extensive splashing, disturbance of the water, and walking or wading. Page2 6. Hundreds of users of LPFD's and similar floatation devices can be observed operating on the South Fork on a given day between the dates of June 1 and October 31. The river is too narrow and shallow to accommodate these numbers without significant disturbance of salmon and/or redds. 7. Salmon incur stress when disturbed. LPFD users have been observed to disturb the salmon both intentionally and unintentionally. This causes some or all of the disturbance-related impacts upon the salmon listed above. 8. LPFD's are the most disruptive and harmful form of water-borne recreation on the South Fork Nooksack identified on this record. 9. The Washington State Legislature has not enacted regulations regarding the use of LPFD's in salmon spawning areas unique to Whatcom County. OTHER EFFECTS OF LIMB-PROPELLED FLOTATION DEVICE USAGE 10. Addit¡onal harmful byproducts of the use of LPFD's and similar floatation devices on the Nooksack river include: Littering, unsanitary & public urination/defecation, illegal parking, drunken driving, and trespassing on private property along the river. PRESERVATION OF OTHER RECREATION 11. Other enjoyment of the river is presêrved and enhanced by partial closure of the river to LPFD's, including but not limited to permitted fishing and hiking. SUPPORTING AGENCIES 12. The Washington Department of Fish & Wildlife, the United States Forest Service, and the Lummi Tribe all support closure of the South Fork to LPFD's and similar floatation devices between the dates of June 1 and October 31. coNcLusroNs 1. The above effects of the use of LPFD|S and similar devices in the South Fork are incompatible and inconsistent with the cooperative and highly prioritized salmon recovery efforts of Whatcom County and other government entities and agencies. 2. Additional harms associated with the use of LPFD's and similar craft negatively impact the environment along the river. Page 3 ì 3. It is necessary to close the South Fork to use by LPFD's and similar floatation devices between the dates of June 1 and October 31 to protect spawning salmon and the environment. 4. 5. These measures serve the public good and are consistent with salmon recovery policies already in place. 6. The Whatcom County SEPA Official has reviewed this ordinance and issued a Determination of Non-Sig nificance on 11los . 2005. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 11, Boating and Swimming, is hereby amended as indicated in Exhibit A to this ordinance. BE IT FINALLY ORDAINED that adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the paft so declared to be invalid. 6 day Of Decembr 2005. aa oa a TO of the Council WHATCOM COUNTY COUNCIL v].tr?xwAsHrNGroN LYu ri e Ca s key - dt h"rei be ri Council Chairo¡oo Deputy tr a'aaaa I lilt Denied , County Executive Page 4 Date -/3+l EXHIBIT A 11.O4.O1O Defi rr', r ì -,1 i r,il. [r.(lij J i j :,¡ i ; il, tililrii t,iilr.:r I ) Page 5