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WHATCOM COUNTY COUNCIL
Natural Resources Committee
May 4, 1999
The meeting was called to order at 10:00 a.m. by Committee Chair Connie Hoag in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter None
Tom Brown
Hoag announced that they would first discuss item #2 under Committee Discussion
because the presenter for the first item would be delayed.
COMMITTEE DISCUSSION
PRESENTATION BY GEORGE BOGGS, CONSERVATION DISTRICT,
REGARDING THE FORMATION OF A REGIONAL CITIZEN -BASED
COMMITTEE FOR EVALUATION OF PROJECTS UNDER ESHB 2496 (AB99 -157)
George Boggs, Whatcom Conservation District Coordinator, stated that there is a memo
from Jeff Monsen, Public Works Director, regarding the purpose of the committee and its
importance of the bill itself. This committee will be critical to that process. There is money
that has been appropriated to fund the creation of new lead entities in the State. There is also
money for those existing lead entities. It looks like there will be about $1.2 million that will be
available over the next biennium to the new lead entities under ESHB 2496.
Sutter asked for the difference between new lead entities and old lead entities. Boggs
stated that there was a funding opportunity last year for those who were able to become the
established lead entity. Whatcom County missed that opportunity. They are looking for
$50,000 per year for the next two years to assist in the process. There is $110 million in
funding that is pending in the new legislative session.
43 Sutter questioned whether there is money available for projects right now. Boggs stated
44 that there is $110 million that has been provided for projects, but was earmarked for specific
45 legislation that died. That is a special session topic that they will resolve. Before the end of this
46 week, the grant application for lead entity assistance will be sent out by the State Department of
47 Fish and Wildlife (WDFW) for those funds that are available. The decisions will be made in
48 July. In reviewing the proposed ordinance, he encouraged the Council to approve it. Getting the
49 committee in place is one thing. The next thing is the technical advisory group that has been
Natural Resources Committee, 5/4/99, Page 1
I working to pull together the limiting factors information and provide the sideboards for ranking
2 and prioritization of the project lists. They have been organizing a mapping party, which will be
3 done on May 20. With that map, they will be able to generate a database for the community to
4 rely upon in reviewing projects.
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6 Sutter questioned the purpose of the committee. Boggs stated that they will first compile
7 a list of projects, then they will establish the priorities. They will also define the sequence of
8 project implementation and submit the list to the State for review.
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10 Sutter questioned whether they do this in consultation with the technical advisory and
11 land use teams. Boggs stated that the technical advisory group is essentially agency experts that
12 have knowledge to provide that information. The committee is also to look for federal, state, and
13 local monies to implement projects in the long -term.
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15 Hoag asked about the mapping party. Boggs stated that the Washington Conservation
16 Commission was responsible for forming technical advisory groups. Those are agency
17 individuals that have had expertise in working with salmonids in the Water Resource Inventory
18 Area (WRIA) and have knowledge of the limiting factors. Those agencies include the U.S.
19 Forest Service, Fish and Wildife, WDFW, and fish enhancement groups.
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21 Brenner questioned who makes the final decision on which interests are on the committee
22 and who the people will be.
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24 (Clerk's Note: The committee began discussion of item #1 under Committee Discussions
25 and Recommendations to Council.)
26
27 2. PRESENTATION BY THE INTERIM NORTHWEST STRAITS COMMISSION
28 REGARDING FORMATION OF A MARINE RESOURCES COMMITTEE (AB99 -
29 158)
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31 Tom Cowan, Department of Ecology Project Coordinator for the Northwest Straits
32 Marine Conservation Initiative, introduced Jill McKinnie, Northwest Regional Representative
33 for Senator Patty Murray, and Lou Moore, Chief of Staff for Congressman Jack Metcalf. Also
34 present was Mike Stoner, Port of Bellingham, who participated with the formation of the
35 Murray- Metcalf committee.
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37 Moore stated that he was asked by Congressman Metcalf and Senator Murray to be a co-
38 facilitator for the area that was to have become a marine sanctuary. At the time, they had
39 several years of debate about whether the area would become a marine sanctuary. Under the
40 Congressional procedure, it was to become a national marine sanctuary under the direction of
41 the National Oceanic and Atmospheric Administration (NOAA). However, a large number of
42 people, including Whatcom County, had concerns about this designation and the potential for
43 federal regulations being imposed. While this was going on, San Juan County began to define
44 marine resource issues in their county. It became the Marine Resources Committee and began
45 doing a lot of the things that had been discussed for years. In that case, they were concerned
46 about bottom -fish populations and created 13 marine protection areas without any federal
47 regulatory authority. It brought stakeholders together voluntarily. The Senator and
48 Congressman felt that this was an excellent counter -model of what had been happening in the
49 marine sanctuary debate. They set about to recreate this situation throughout the study area.
Natural Resources Committee, 5/4/99, Page 2
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They brought a variety of people together over several months to create a way to protect
property rights, continue economic growth, and do something meaningful to protect and
improve the environmental quality of the near -shore habitat and off -shore resources.
There was a consensus that is outlined in a report to the conveners from the Northwest
Straits Advisory Commission. One of the recommendations was that every county should form
a Marine Resources Committee modeled after the one in San Juan County. That is why they are
giving the presentation. They encourage and sanction a non - regulatory process that brings
forward the best elements of environmentalism and volunteerism together with governmental
approval.
Cowan stated that the recommendation about the best strategy was from a bottom -up
program, focused on a county -based marine resource committee. There are seven counties in
the northwest straits region. They include Whatcom, Skagit, Island, Snohomish, Clallam, San
Juan, and Jefferson counties. It starts with projects and activities from a marine resource
committee. There is a Northwest Straits Commission that provides an ecosystem focus to try
and ensure that the activities are coordinated and working based on science. It is also expected
to provide technical assistance to the marine resource committees because there is expertise out
there. Not all of the county committees are going to have everything necessary to move
forward. The Northwest Straits Commission will also integrate the scientific information and
coordinate the funding. The marine resource committees (MRC) don't have any regulatory
authority. They are to rely on the local governments' authority and existing State authority.
The MRC's can have up to 13 members that include local governments, economic and
recreational, conservation, science, and tribal interests.
There is a relationship with Canadian counterparts. One of the goals is to establish a
working relationship with the British Columbia - Washington Environmental Cooperation
Council and the International Task Force. That is the background on where they are.
There is a 1999 work plan. There is no Northwest Straits Commission, because the
members of the commission are to come from the individual MRC's. There is a "kitchen
commission" that includes the people involved in the Murray - Metcalf group. Their goals in
1999 are to set up the MRC, ensure that there are training workshops, and provide start-up
funds. They are initiating projects to identify and prioritize scientific gaps and implement early -
action responses. They are urging the MRC's to present projects to the Northwest Straits
Commission, who will try and leverage money to ensure the projects are funded.
McKinnie stated that the commission was very emphatic that the projects and the
MRC's be locally driven. This is not the federal government telling the local jurisdictions what
to do. That is going to be a decision - process that the local MRC's will go through.
Dawson questioned what kind of start up money they are going to have for the counties.
Cowan responded that so far they have identified $10,000 as a start-up grant, which is available
upon passing the resolution. It is for providing staffing for meetings, travel for training, and
ensure that they get off a running start. There is additional money for early action of projects.
That is after the MRC develops the work plan. The MRC would take its priorities and propose
projects. If they are good projects that meet the benchmarks, then they will work to finding
funding those projects.
Dawson asked what kind of projects they are looking forward. Cowan stated that it is
different for each county. San Juan County's first task was bottom -fish recovery. Other
benchmarks are to ensure that the shellfish beds are not downgraded.
Natural Resources Committee, 5/4/99, Page 3
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Brown questioned whether this would have regulatory power over inland considerations.
Cowan stated that it would not.
Brown questioned whether funding was available for inland activities that affect the
marine waters. Cowan stated that he recognized there are many competing interests. It is
difficult to budget money to take on these important projects. One of the things that has been
said is that they need better tools to address the projects and activities. That is at the heart of
this effort. Other counties are using it to address salmon issues and near -shore habitat.
Mike Stoner, Port of Bellingham, stated that the Port has participated in the process for a
couple of reasons. They are to ensure that economic considerations are addressed. The Port is
responsible for the essential transportation needs of Whatcom County. They are comfortable
that those issues have been addressed. They are also participating in projects to ensure that
local communities have an ability to engage in the leadership of these issues. One of the
projects that they are involved in is the Bellingham Bay demonstration pilot. It allows them to
engage in the marine protected area issue. The Port identified that there is an opportunity to
protect near -shore habitat in Bellingham Bay. There is a largely undisturbed and natural
Nooksack River delta. This river delta has been identified through that process as one of the
most important environmental features in Bellingham Bay. They will recommend that this area
be protected from development and preserved for habitat because of its importance to salmon
recovery efforts.
Brown stated that he heard from people who work in the Bay that the river backs up
because of logjams. He questioned whether there would be a chance to mitigate that if it
becomes a protected area. He also questioned what would happen to the area if it goes into a
protected status.
Moore stated that the point of this process is to empower the local jurisdiction and help
make the decisions for the community. It has nothing to do with regulations, only with
technical support and a mechanism to fix the problems.
Brenner was concerned that regulation will come from other places. She questioned
whether they would go to bat for the local jurisdictions against the federal government to help
prevent regulations that may cancel out what they are doing. She would rather they solve the
problems locally, but they need assistance from the State to stand up for the local jurisdictions.
Moore stated that this will provide a forum for coordination at a level above the county level. It
will not have regulatory power, but will have a representative from the Puget Sound Action
Team sitting on the Commission that deals with the local jurisdictions.
Brenner questioned whether they can expect grants from the State and federal
governments, after the initial $10,000, to assist on early action projects. She also questioned the
local match. Moore stated that there is $350,000 for 1999. Next year they will ask for $1.2
million for the next fiscal year at the federal level. There is also an opportunity to leverage
private dollars.
Brenner questioned whether they would deal with the Port separately from the County,
or would they work on projects together. Moore stated that, ultimately the County is
responsible for land use. The Port has been interested in being in this process. Everyone is
encouraged to be involved, but it will be a county -based entity authorized by the County
Council.
Natural Resources Committee, 5/4/99, Page 4
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Dawson asked about the Beach Watchers Program. Moore stated that they are
monitoring beaches for various environmental phenomena. Monitoring is critical to
understanding any kind of science. It is also very expensive to pay someone to do it.
Sutter stated that she was concerned about all of the other efforts regarding salmon
recovery. Unless there is a close working relationship with the ESHB 2496 and ESHB 2514
efforts, there may be gaps. She questioned whether it is up to the County to establish all of the
efforts. Cowan stated that the drivers of these programs are funding. That is clearly the case
with ESHB 2496 and ESHB 2514. It is also a good part of what they are about. That is one
reason why there are a number of different programs. The "kitchen commission" recognizes
that they have to coordinate with the other county efforts. They don't expect to combine with
those efforts. They don't want to duplicate efforts or compete for information.
Moore stated that, according to the scientists, the biggest data gap is regarding near -
shore habitat. This is a needed piece of information that can be provided through this process
and will help everyone sort out this process. They are filling a void in the salmon puzzle.
Sutter stated that they've been told not to worry about what happens in the ocean.
They've been told to only worry about what is happening on the land. She questioned how it is
possible for the County to protect the marine areas, other than regulating the land activities.
Moore stated that San Juan County is doing this on a voluntary basis. Whatcom County does
not have the authority to set up a regulated marine protected area. That belongs to other
agencies. San Juan County pulled their community together and established a voluntary system
of marine reserves. The State and federal agencies began coming to the meetings to find out
what is going on and began to provide help. This can be tailored to address specific interests.
Hoag stated that they can't find anyone to address the near -shore habitat issues in terms
of salmon predators through the ESHB 2496 and ESHB 2514 processes. She questioned
whether anyone is using this to do predator studies.
Brenner questioned whether the mandate of this program was to determine which
problems are shared so they don't duplicate efforts. Cowan stated that is a major component of
what they are trying to accomplish. They are trying to focus the resources at the local level to
address projects and activities that protect marine resources and habitat, and also to provide the
ecosystem focus through the Northwest Straits Commission and ensure that the science is
working on a regional basis.
Moore stated that the salmon process encompasses the entire Puget Sound, but the
political center of gravity is not in Whatcom County. It is in King and Pierce County. This
process spotlights this area. They are talking about a paradigm shift from tax and spend to
giving the citizens the opportunity to figure it out together. The State has been trying to set up a
system of marine protected areas for 25 years. They have gotten nowhere.
(Clerk's Note: End of tape one, side A.)
Moore continued to state that the San Juan model is done on the basis of goodwill. The
public does care about the environment. They are trying to operate on the assumption that the
public wants to do the right thing, if they are given the chance and some resources.
Brown stated that his concern was that shifting the spotlight on the County could be
worse. It could bring down more federal actions. He is concerned about what is happening
inland from federal activities. He was apprehensive about this.
Natural Resources Committee, 5/4/99, Page 5
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Moore stated that the Northwest Marine Sanctuary is an alternative to NOAA being
responsible for creating regulation.
Hoag questioned whether fishers could be included on the committee. Cowan stated that
he mentioned commercial and recreational interests, which includes fishers. Scuba divers could
also be considered a recreational interest. It all depends on the region.
Nelson stated that this is excellent. One of his concerns is the assurance that the County
would have within the next five years that there isn't going to be a change and added
bureaucracy. He questioned how they can be assured that this process will maintain itself with
local decision- making and not be circumvented by the federal government. Moore stated that
the job needs to get done in this area. If it does not get done, then there will be more impetus
for federal rules and regulations. Despite whether or not the counties participate, there will
always be national lobby organizations that want to have a national marine sanctuary in this
area. The debate is the whether the approach will be top -down or bottom -up. It is encouraging
that there are alternatives to the top -down approach.
Sutter stated that the resolution creating the committee needs more work.
Hoag stated that she would agree to hold it in committee.
Sutter stated that there are concerns with how some of the goals are stated in the
currently proposed resolution.
Cowan stated that each of the counties has scrutinized this. This is a draft that they put
together. They are willing to make this work for Whatcom County.
Brenner stated that politics will change and it will become top -down at some point.
They should take advantage of this while they have it. She didn't want to see any hidden
agreements that would commit them to doing top -down things in the future. She questioned
whether there are any strings attached. McKinnie stated that the people on the Advisory
Commission were a very diverse group. There are not any federal strings that are attached.
Regarding Brown's concerns, the federal and state agency representatives became very engaged
in the process and were very helpful.
Moore stated that this is unusual legislation in that it incorporated the report that was
written by six diverse citizens of the area. The report from those folks is the legislation.
Nelson stated that he hopes this goes through.
Hoag moved to the presentation by George Boggs, item #1 on the agenda.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
RESOLUTION ESTABLISHING CITIZEN'S ADVISORY COMMITTEE FOR
SALMON HABITAT RESTORATION PROJECTS (AB99 -157A)
Natural Resources Committee, 5/4/99, Page 6
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Sutter questioned to whom the committee is advisory. That would indicate who makes
the appointment. Boggs stated that there will be an advertisement for a wide representation. The
Executive will review and make recommendations to the Council for confirmation.
Dan Gibson, Senior Civil Deputy Prosecutor, stated that the initiating governments are
going to want to be heard. He believed that the Council, acting for the County as the lead
agency, is the one that would eventually make the appointments. The Council would probably
confirm the Executive's recommendation. Under ESHB 2496, he understands that the lead
agency is the one to make and finalize the appointments.
Nelson stated that he believed that the appointments would come from the Executive,
based on the Executive Committee's recommendations, per the Home Rule Charter.
Hoag questioned how the Charter applies to appointments to various committees. Nelson
stated that some committees are advisory to the Council. If the committee is responsible to the
Executive, then he would make recommendations.
Brenner stated that this committee deals with both the Executive and the Council.
Nelson stated that the committee would advise the Council through the Executive.
Sutter stated that she has asked the Executive to look into the issue of Boards and
Commissions.
Dan Gibson, Senior Civil Deputy Prosecutor, stated that the statute in the Charter is the
one that controls the issue. From his interpretation, the selection of people to forward for the
Council confirmation is an Executive function. It is not crystal clear.
Hoag questioned whether the resolution should specify the process to be followed.
Gibson recommended that they follow his interpretation of the Charter, which is the Executive
will send forward a list of appointments, and the Council will either approve the list or send it
back.
Hoag questioned whether there is enough support for the resolution as it stands.
The committee concurred.
Sutter moved to recommend approval of the resolution.
Motion carried unanimously.
2. RESOLUTION ESTABLISHING A WHATCOM COUNTY MARINE RESOURCE
COMMITTEE AS PROVIDED FOR UNDER THE NORTHWEST STRAITS
COMMISSION (AB99 -158A)
Hoag stated that there was discussion of holding this item until the next committee
meeting.
Natural Resources Committee, 5/4/99, Page 7
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Sutter moved to hold in committee for two weeks.
Motion carried unanimously.
Nelson suggested that, in the interest of saving time, anyone with concerns get them to
the Chair prior to the meeting so that everyone has an opportunity to review the concerns.
OTHER BUSINESS
Brown moved to recommend forwarding Nelson's application for the U.S. Forest
Service Provincial Advisory Council.
Hoag stated that they would bring it to the full Council for appointment.
Motion carried unanimously.
ADJOURN
The meeting adjourned at 11:20 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Connie Hoag, Committee Chair
Natural Resources Committee, 5/4/99, Page 8