HomeMy WebLinkAboutNatural Resources May 10 20051
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Natural Resources Committee
May 10, 2005
Committee Chair Sharon Roy called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Dan McShane
Also Present:
L. Ward Nelson
COMMITTEE DISCUSSION
1. DISCUSSION WITH THE NSEA WORK GROUP ON RECREATIONAL
IMPACTS ON THE SOUTH FORK OF THE NOOKSACK RIVER (AB2005-
173)
Jim Hansen, Lummi Nation Watershed Restoration Coordinator, submitted
and read from a presentation (on file). To clarify, the folks who spoke during the
April 12, 2005 Natural Resources Committee meeting were not a part of the
Nooksack Salmon Enhancement Association (NSEA).
He indicated on a map the reaches of the South Fork of the Nooksack River
that are impacted by people who ride inner tubes (tubers). He read from the
presentation on the types of salmonids that are affected, and the presence of
salmonids in the South Fork. They are talking about the time period of June
through October. In that timeframe, there are always salmonids in the river. He
read the list of salmonid habitat needs. Dissolved oxygen is not a problem at this
point, but the fish's ability to use oxygen is compromised at elevated water
temperatures.
He read on South Fork Salmon Encounter. The accumulation of all the
factors led to the 24 documented pre -spawn mortalities. The mortality was from a
thermal stress - related disease.
He showed a graph of temperatures for the South Fork of the Nooksack
River. The preferred temperature for healthy fish is between 12 and 14 degrees
Celsius. The fish can't get to the only location on the South Fork where the
temperatures are correct. He showed a graph of the South Fork Wickersham 7 day
maximum temperature. Through the summer, the average daily temperature is
above the lethal limit. The temperature returns to preferable ranges in October. At
Natural Resources Committee, 5/10/2005, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
the time the fish are in the river is when the temperatures are high. He showed a
graph of South Fork Wickersham average temperature, which is high.
McShane asked Mr. Hansen to describe the temperature gauging station at
Wickersham. Hansen stated they are taking samples at a gauging station, but he
doesn't know how far below the surface.
Hansen continued to show graph on South Fork Wood Distribution. The
wood starts to pile up as they go farther down river. Most of the wood is where the
fish can't get to. It's an important thing the fish need for cover and protection. He
showed an aerial photograph entitled S.F. Low habitat diversity, few pools, little
cover. There is competition between the fish and the tubers.
He read the presentation about the disturbance of environmentally stressed
fish, impacts of tubers, and adverse impacts of tubers not limited to fish.
Eric Jacoby, Acme, stated the local residents and landowners have been
impacted by inner tube riding activities. He is a professional forester and past
landowner on the South Fork.
He works a lot of lands around the South Fork for private timber companies
and the State Department of Natural Resources (DNR). The State and private lands
are regulated by rigorous regulations designed to protect fish habitat. A great deal
of revenue and man -hours are spent abiding by those regulations to protect fish
habitat and water quality. He has spent many hours making sure the requirements
have been met. Timber owners around the South Fork have a vested interest in
seeing the fish benefit from their efforts and given an opportunity to thrive. The
fish aren't afforded the same protection from tubers as they are protected
upstream. Everyone must protect the fish. If the river isn't treated holistically, a
lot of time, effort, and money is wasted.
As a landowner, he sees many people use this river for inner - tubing. Some
are law- abiding citizens, but the majority park illegally, litter and trespass on
private property, are drunk in public regardless of age, drive drunk, and speed.
He's asked current landowners along the river to catalog their past observations
and submit them to this meeting. He read excerpts of those letters (on file). All of
the people are long -time residents of the valley and own property on the river. The
residents are concerned about their property rights being threatened. They feel the
tubers carry out environmental and civic transgressions.
Install no parking signs along Mosquito Lake, Strand, and Saxon roads so
people know clearly that parking is not acceptable. There are very small signs now.
This is not a big issue for the Sheriff's Office, but the County must figure out a way
to enforce the problem. Increase illegal parking ticket fine. Now the fine is only
$25. Make the roads tow -away zones. If enforced, people will obey the signs. On
Mosquito Lake Road, people park on both sides, which would hamper the fire
department response.
Natural Resources Committee, 5/10/2005, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Fleetwood asked the parking locations. Jacoby stated people park on Saxon
Road by the bridge, Acme Road, the Strand Road, and by the Van Zandt Bridge.
He's afraid of recent developments with County property acquisition of East
Acme Farm and the Betty Close property. It looks like an invitation to come out
and play. He's concerned about that.
He asked if this activity could come up with a State Environmental Protection
Agency (SEPA) determination of non - significance (DNS) if this activity were being
proposed, not already existing.
Dorrie Belisle, 231 Ten Mile Road, Lynden, stated she was raised on a similar
river in Wisconsin. She was encouraged to share her stories with the Council.
About 30 years ago, people realized they could take care of the floaters. On the
weekends, there are about 20,000 people. On Monday, the river is closed due to
high fecal count. There are five private campgrounds on three miles of the river, all
allow drinking. It's a free - for -all. No one watches the age limit or the river. The
people who own the campgrounds now are very protective of their businesses. Be
careful not to let people buy property and begin those endeavors on the Nooksack
River.
Everyone loses when this happens. The river loses water quality. There is
no habitat that is undamaged. Fishing is no longer allowed along that stretch of
river. Litter is a problem. The river is polluted with cans, diapers, and toilet paper.
Her family's farm was the last property along the river. People getting out of the
river impacted her private property. The town has grown too much. There has had
to be more police control. Private campgrounds are difficult to enforce.
The air quality has gone down in the whole town from the smoke coming
from the five campgrounds. Do what they can now to protect the Nooksack River.
Control the alcohol, which will be the biggest challenge. Next, control the
degradation to the habitat.
Greg Dunphy, Lummi Nation Fisheries Biologist, stated he has observed fish
in the South Fork of the Nooksack River for 17 years. Very often, the behaviors of
the tubers impact fish directly. He read a list of observations from 1988 to 2003.
Salmon hibernate without feeding for up to six months in fresh water before
spawning. During that time, the fish have severely decreased auto - immune
functions, which makes them extremely vulnerable. This minimum metabolic state
is the state they need to reach to spawn successfully. It's tough for the fish to do
that when there are tubers on the river. Since the fish don't feed, they only have a
fixed amount of energy to survive, with no surplus.
Nelson asked if this is a molting process. Dunphy stated it is a hibernation,
not a molting process. The fish are quiescent to the point they can almost be
Natural Resources Committee, 5/10/2005, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
handled. The purpose is energy conservation while waiting for their biological
functions to develop and spawn.
Dunphy continued to read the list of his experiences.
Roy stated it looks like there are several factors impacting the salmon. She
asked if Mr. Dunphy can put a value on the river temperature. Dunphy stated river
temperature is a huge factor. Fish being killed by warm water diseases are virulent
at temperatures well above the optimal temperatures for adult salmon.
Fleetwood asked the reasons for increased water temperature on the South
Fork. Dunphy stated canopy removal, channel widening, and channel aggregation
are causes of increased water temperature. The channels become shallow and lose
pools. A greater percentage of water is heated by sunlight. Once heated, it stays
hot, even when the water becomes shaded. The only way to cool off the water is to
add cool water or during the night.
(Clerk's Note: End of tape one, side A.)
Roy asked the chances for recovery of a normal chinook run. Dunphy stated
it is a problem that took over 100 years to develop. There will not be a quick
solution, but taking all the steps necessary will make a measurable difference.
They need a multi- faceted approach.
Nelson stated British Columbia creates alternative manmade structures for
the fish. He asked if that is an alternative they've considered. Dunphy stated the
secondary channels are a valuable contribution. Provide alternative habitats while
natural habitats can be recovered. They're not permanent and don't address
everything, but they are valuable.
Nelson asked if they are considering it for this area. Dunphy stated it is an
option being examined.
Hansen stated they are working with the Parks Department to incorporate
side channel elements and additional covered pools with logjams.
Fleetwood stated he was told there is not a great deal of spawning in the
South Fork, but there is in the streams that shoot off the South Fork. Someone
else said that is not true. Dunphy stated he knows that answer by direct
observation. Chinook salmon are primarily main stem spawners. They will use
other habitats if they must. Ninety nine percent of South Fork Chinook spawn in
the main stem.
Nelson asked about other streams. Dunphy stated Coho spawn in the
tributaries. Pinks spawn all over the place. Sockeye spawn principally in the main
stem of the river. Steelhead spawn in the streams.
Natural Resources Committee, 5/10/2005, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Fleetwood stated he was told there could be 1,100 tubers in one day on the
South Fork. It was also mentioned that most people seem to be from out of the
area. He asked how it was determined that these folks were from out of the area.
Jacoby stated it's a small town, and everyone knows everyone. They can also tell
by the license plates on the cars.
Hansen continued his presentation about past mitigation activities. The ad
hoc committee looked at ways to mitigate the program.
Merle Jefferson, Lummi Nation Natural Resources Director, stated this issue
has been going on for many years. Lummi Nation has had many meetings with
federal agencies. They are glad that the County Council is considering this issue.
The Washington State Department of Fish and Wildlife (WDFW) said they had no
authority to do anything. Recovering the river will take teamwork. It can be done.
The Lummi Nation has been working with the group for water resource inventory
area (WRIA) 1 on salmon recovery. The Salmon Recovery Plan first draft has been
approved and sent to Shared Strategy, which also approved it. That's a good step.
WRIA 1 is one of eight WRIA's in the state.
There are four components of salmon recovery, including hatchery, habitat,
harvest. Regarding the harvest component, tribes haven't harvested since the
1970's because they knew the fish were at risk.
Nelson stated tribal fishing with nets in the river was an issue. He asked if
the Tribe is monitoring that activity. Jefferson stated they haven't fished Spring
Chinook since the 1970's. The Tribe is monitoring and enforcing net fishing. There
is a difference between Nooksack Tribe laws and Lummi Nation laws. The Nooksack
Tribe allows nets in the river.
The Lummi Tribe has two hatcheries, at Lummi Bay and at Skookum. They
are working with federal and state governments to mass market the hatchery fish
and gather data. There is a migration trap at Hovander Park.
Habitat is a factor that is harder to control. They've been working on
forestry issues for a long time. It's helping, but laws can be stronger. One of the
biggest issues with salmon is the silt that comes down the river. The tributaries are
being overloaded with silt.
He's glad they are work together to fix the problem, although it won't happen
over night. Consider regulations and continue working together.
Roy asked if they are seeing the Chinook numbers stay low or if there are
any positive results from the activities they've done so far. Jefferson stated the
fisheries are improving. They must protect what they have. Those fish going up
river now are stressed.
Natural Resources Committee, 5/10/2005, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated the Council is contemplating some sort of County legislation
to restrict the use on the river. A question is how to enforce the regulation. He
would be interested in working with the Lummi Nation to request Salmon Recovery
Funding to support enforcement activities. He asked the Lummi Nation to support
an application to the Salmon Recovery Fund (SRF) Board. Jefferson stated that is
fine. There was a joint grant ten years ago to do patrols.
Roy asked if there was a law to back up the joint patrols. Jefferson stated
the patrol was aimed at the poachers in the river. People who were caught were
arrested.
John Thompson, Senior Planner, stated that program was in 1999. It was a
joint program with the Lummi Nation, WDFW, and the Nooksack Tribe. The vast
majority of the contacts were educational and officers asked to see the license. The
officers used the program as an educational opportunity. If someone is tubing, and
not directly violating a game law, it's an opportunity to educate the tubers about
the spawning fish. The enforcement did catch egregious violations. The officers
were cross deputized for that enforcement purpose. WDFW has offered officer
services this summer.
Roy stated there is information from WDFW regarding enforcement (on file).
Their commitment depends on the County passing some kind of regulation, but she
doesn't know what the regulation is.
Hansen stated WDFW responded to discussions with the ad hoc committee
about the potential for the County to adopt an ordinance prohibiting watercraft use
on the South Fork over a certain time and in a certain geographic area. The ad hoc
committee did not reach consensus about a closure. One obvious timeframe is
June through October, which makes the most sense for areas that benefit the fish.
If they have to limit the closure to an area, the most biologically critical area is
between Edfro Creek and the town of Acme.
McShane asked if there are maps for the entire South Fork. Hansen stated
the Nooksack Tribe is finishing a similar document from Acme Bridge to the
confluence. They should have a complete habitat assessment from Saxon to the
confluence if they put the two reports together.
McShane asked if there are maps above Saxon. Hansen stated they will start
a mapping project this summer from river mile 14.5 to the anadromous barrier.
There is a SRF Board grant for the assessment.
Hansen continued the presentation on the partial closure recommendation
and enforcement issues expressed by Captain Bill Hebner of WDFW's Enforcement
Division.
Roy asked if Mr. Hebner from WDFW was also referring to regulations on
parking and such issues. Hansen stated he didn't know.
Natural Resources Committee, 5/10/2005, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Nelson stated they already have an example of a closure at the North Fork,
to white water rafters. People who ride inner tubes generally have certain locations
they always go to. It wouldn't be hard to put in a fine for enforcement purposes.
Post signs warning tubers of the fine, and make the fine substantial. Do publicity
and notification, which is only fair. The County Council would have to have a public
hearing to consider potential economic and recreational impacts to the community.
Consider the impacts to parks and whether a closure would force the use to other
areas.
Roy stated not everyone on the ad hoc committee supports the solution that
is being presented today. This solution presented today is from the Tribe's
perspective. She appreciates that was made clear to the Council. She appreciates
that this closure is the Tribe's request. There are also requests for more
enforcement and more signs. A question is whether County -owned lands are
becoming access points.
Fleetwood stated he recalled that this Natural Resources Committee would
defer to the ad hoc committee's recommendation. He got the impression that no
one would object if the Council decided on a full ban. Hansen stated the ad hoc
committee couldn't come up with a recommendation because County and State
agencies didn't have the ability to make policy recommendations, which is up to the
legislators. They didn't feel it was their place to make recommendations.
Fleetwood stated citizens can make recommendations.
Nelson stated this has been before the County Council several times. Jeff
Margolis was an outspoken individual. He asked if Mr. Margolis has been involved.
Hansen stated they haven't gotten to that level yet. If it goes forward, that will
happen.
Nelson stated the committee sees this as an issue before the Council for
recommendations. Address the impacts of this activity on this community.
Roy stated one issue is whether the County can legally restrict actual boating
on the river.
Nelson stated he didn't think the County has that authority, which is why the
County went after the parking issue.
Roy stated she asked the attorney that question.
McShane stated the County has boating regulations for Lake Whatcom. Any
regulation would fall into that category. He believes the County has the authority.
The County can ban certain types of watercraft. That has been done legally in the
past and in other areas. There is an approach to take. The question is whether the
County Council is willing to take that approach. He is willing to move forward. It's
Natural Resources Committee, 5/10/2005, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
clear this is a threat to endangered species that requires action. Move forward
rapidly, while making sure it's done legally and appropriately.
Bruce Roll, Assistant Director, stated they are in a community visioning and
implementation process of the Salmon Recovery Plan. It is pushed forward as a
voluntary, community- driven thing to date. That said, they all know enforcement
will have to play a role in implementation. Speak directly with State and federal
fish and wildlife agencies to clearly understand their authority, role, and intent in
these issues before pursuing local action. The federal agencies have allowed the
County to create a locally driven plan. He expects them to approve and commit to
the plan.
Roy stated she agrees with Dr. Roll. They are talking about an endangered
species and the rights of people to disturb the species. The balance doesn't seem
to be equal.
Fleetwood stated the Council asked that the research be done. The Council
must follow up. The Council should proceed as if it does have authority, unless the
Council gets word that it doesn't have the authority. Don't limit the Council's
planning. Proceed on this issue in the next few Natural Resources Committee
meetings.
McShane stated he's been aware of the problem for some time. He hasn't
taken any action. It takes a time commitment. At the next meeting, bring in the
Sheriff, the attorney, Water Resources Division staff, and State and federal fish and
wildlife agency staff to move forward with a restriction on the recreational use
during the summer months on the South Fork of the Nooksack River.
Roy stated that's a great idea. Proceed as if this is something the Council
has the authority to do.
Nelson stated the committee should have a motion about a temporary
boating ban on tubing and activities of that nature. They will have to exclude from
the ban certain boats necessary for river protection. Forward the resolution to the
attorney who will or will not sign off on it. Start the process to look at this ban as a
temporary measure.
Fleetwood stated this committee has had good discussion. They may all
draft proposed language for consideration at the next meeting.
Roy stated she is willing to work with a staff person on a draft regulation.
McShane stated he likes the idea of a resolution for the Council to vote on to
give direction. He would like the perspective of the Sheriff and other agencies so
the Council can craft a good resolution.
(Clerk's Note: End of tape one, side B.)
Natural Resources Committee, 5/10/2005, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated enforcement can go as far as issuing criminal infractions.
They can talk about the range of approaches to take. Staff needs to get clear
direction from the Council as a Whole before drafting a resolution. Don't drop the
issue. Hear first from the other agencies.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:04 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sharon Roy, Committee Chair
Natural Resources Committee, 5/10/2005, Page 9