HomeMy WebLinkAboutNatural Resources November 9 20051
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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
November 9, 2005
Committee Chair Sharon Roy called the meeting to order at 10:05 a.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Dan McShane
Seth Fleetwood
Also Present:
None
Absent:
1. DISCUSSION REGARDING A RECENTLY RECEIVED SEPA
DETERMINATION FOR THE PROPOSED ORDINANCE 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 (AB2005 -173A)
Roy stated the options include planning for mitigation, changing the
ordinance as suggested by staff, adopting the ordinance as it is, making
suggestions for changes, filing objections with the Hearing Examiner, or redoing the
State Environmental Policy Act (SEPA) checklist.
McShane stated he met with the Council attorney, Royce Buckingham. In the
SEPA determination, SEPA Official Bob Martin suggested adopting some additional
Whereas statements and conclusions. Mr. Buckingham indicated he would try to
rework Mr. Martin's recommended language changes slightly and run them by Mr.
Martin. That is appropriate.
The first recommended new conclusion from Mr. Martin is to add a
conclusion, "Current information indicates that oar and paddle - powered flotation
craft that typically keep occupants out of the water and out of contact with the
stream bottom are significantly less disruptive to salmon than limb- propelled
flotation devices (LPFD's)." They already have a finding like that in the ordinance.
The second recommended new conclusion is to add "It is necessary to
restrict recreational use of limb- propelled flotation devices (LPFD's) to protect
salmon. It is not necessary, at this time, to restrict use of oar and paddle - powered
flotation craft. This balance provides for salmon recovery while recognizing the
importance of open space recreation to the community." He is not sure it is
consistent with the ordinance, and is not comfortable with it.
Natural Resources Committee, 11/9/2005, Page 1
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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.
He doesn't have any concerns about the recommended new Whereas
statements. The second recommended new Whereas statement is to add,
"Whereas, the recreational resource needs to be balanced with the requirements of
salmon recovery, and it is the Council's intent to address this balance to the best
interest of salmon recovery and ongoing provision of recreation opportunities;
and...." The ordinance reflects that the Council actions balanced recreation with
fish. They will continue to allow the same type of recreation from Acme to Van
Zandt, all the way to the mouth of the river. They just chose to do the temporary
ban for a short period of time for a portion of the river where salmon recovery was
critical.
Roy asked if the language can allude to that in another new Whereas
statement.
McShane stated the ordinance could say that the Council chose to leave most
of the river open to recreational use.
Roy stated the language could say it's a partial closure on part of the river.
McShane stated Mr. Buckingham would work on language like that. He
spoke with Mr. Martin yesterday and indicated that would satisfy Mr. Martin, the
SEPA official. The Council would not commit to any specific mitigation for loss of
recreation per his SEPA determination. He will contact Mr. Martin today to make
sure that is the case. Alternatively, his interpretation of the loss of recreational
opportunities could be based on the answers he had before him in the SEPA
checklist. It may help to amend the SEPA checklist or submit a new one. Make the
checklist answers more specific.
Roy stated she helped to fill out the checklist. She thought it was helpful to
show the Council was working with State agencies.
McShane stated Mr. Martin needs to understand the Council's perspective on
recreation and the essence of the reason for putting this forward, which has a lot to
do with enhancing quieter, low impact activities on the river. Quiet time on the
river has been diminished. That's a secondary feature of the ordinance, though not
its goal. In addition, the ordinance will prevent harm to endangered fish and other
fish, which will enhance recreational fishing opportunities.
Roy moved to pursue finding out how they can amend the SEPA checklist to
include the language Councilmember McShane suggested:
• The ordinance will enhance quiet low impact activities on the river.
• The ordinance will prevent harm to endangered fish populations as
well as other fish, thereby indirectly improving fishing recreation on
the South Fork of the Nooksack River, as well as on other sections of
the river, Bellingham Bay, and ocean fishery recreation.
Motion carried 2 -0 -1 with Fleetwood abstaining.
Natural Resources Committee, 11/9/2005, Page 2
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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 just arrived at the meeting and did not hear the
proposed new language.
Fleetwood asked if it is Mr. Martin's interpretation of SEPA that the County
must mitigate for loss of recreation, according to State law.
McShane read the recommendations from Mr. Martin in his memo to the
Executive and Council dated November 3, 2005 regarding the Nooksack Limb
Propelled Flotation Device Ordinance. The answer to section 12c of the SEPA
checklist is not something he wants to relate to the ordinance itself. It was an
effort to indicate that the Council is trying to do things. Their answer to 12c
regarding mitigation is noncommittal for saying what the Council is going to do.
Mr. Martin thinks they are displacing a recreational opportunity, but the SEPA
checklist answer to that question should emphasize that the ordinance will enhance
recreational opportunities and that the Council has balanced recreation with salmon
preservation.
Fleetwood asked if Councilmember McShane opposes or is responding to the
determination.
McShane stated he is responding to it.
Roy stated Mr. Buckingham believes things can be worked out with the SEPA
official by adjusting the language in the ordinance without hurting the ordinance. If
the Council does that, the County may not have to do mitigation. Mr. Martin and
Mr. Buckingham will get together to make sure the Whereas statements match the
ordinance. She hopes some of her issues can be addressed that way. As a result of
this, they will show they have balanced recreation with fish.
McShane stated Mr. Martin might have had difficulty because he did not have
any Planning Department staff or Water Resources Division staff participate in the
SEPA process, so Mr. Martin was unaware of the information beyond what was in
the SEPA checklist.
Fleetwood asked if Mr. Martin would have to amend his SEPA determination.
McShane stated he is not sure. Amending the ordinance may satisfy Mr.
Martin, or it may not. One solution is to add information to the SEPA checklist or to
add language to the ordinance. Loss of fishing recreation on the South Fork is a big
thing. It affects more than just the endangered fish.
Roy stated there are many other recreational activities in which people can
participate.
McShane stated number 13c on the SEPA checklist can be answered. The
answers were given as unknown or not applicable, but they are known. Create a
finding or a Whereas statement that says the proposal will reduce and control
impacts to historic and cultural fishery resources. The cultural significance of
Natural Resources Committee, 11/9/2005, Page 3
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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.
Chinook salmon is a big driver for their recovery to the First Nations people, local
tribes, and people throughout the Northwest. Salmon is a cultural icon for this
area. People don't get to hook the big ones anymore. The limitation on fishing on
the Nooksack has been significantly harmed. It is part of their historical culture.
It's why the Nooksack and Lummi tribes have a great interest in protecting the
resource.
He moved to discuss with Bob Martin adding this language to the SEPA
checklist under number 13(c), the cultural component, or as a Whereas statement,
"The proposal will reduce and control impacts to historic and cultural fishery
resources." He's not sure they can do that, but find out.
Roy stated the Blaine community used to consist of Icelanders who moved to
Blaine to fish. Having that entire industry gone is a cultural impact.
Motion carried unanimously.
Roy stated Councilmember McShane and Mr. Buckingham will work with Mr.
Martin. The Council believes it has already achieved the balance of protecting
fisheries and recreation. They just need to make sure the language reflects that
action by modifying the SEPA checklist or ordinance. Give staff two weeks to work
on this. Schedule this on the next Natural Resources Committee meeting agenda.
McShane stated there is no suggested change to the ordinance at this time.
Roy stated they are more clearly showing how the Council has considered
recreation. This action doesn't close down the entire South Fork of the river
permanently. The Council has been precise in identifying the specific area and
timeframe of the closure.
Fleetwood stated Mr. Margolis supports the ordinance.
Roy stated he was the only citizen who didn't support it, until he found out
the Council wasn't talking about the entire South Fork of the river. Also, only 168
fish returned this year. She thanked Councilmember McShane for his work on this
issue.
ADJOURN
The meeting adjourned at 10:36 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
Natural Resources Committee, 11/9/2005, Page 4
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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, WASHINGTON
Dana Brown - Davis, Council Clerk Sharon Roy, Committee Chair
Natural Resources Committee, 11/9/2005, Page 5