12/05/2006: "CC Tells State To Stop Dock Study"

It is expected the County Council will agree to sigh a letter at the Tuesday (12-04-06) Council meeting, informing Dr. Jeffrey P. Koenings, Director of WDFW (Washington State Department of Fish and Wildlife), to end a WDFW "Experimental Dock" program designed to acquire data in San Juan and Whatcom counties on the potential impacts of docks on eelgrass. The draft letter was placed on the Consent Agenda, which means the "Council" has already discussed it, and agreed to sign it and send it off. in this case however, the Council that discussed it, is not the same Council that will pass it as a part of the Consent Agenda, for there are now three new councilmen who have not been a part of the discussion, and may not be aware of the potential impacts of the action.

Consent agenda items are normally non-controversial items that need some action, and "have been distributed to each Council Member for reading and study, are considered to be routine, and will be enacted by one motion of the Council with no separate discussion". But the letter to WDFW is anything but non-controversial or "routine", and it is possible the new councilmen may not be supportive of it for a number of reasons, not the least of which is the need to send a letter "requesting the experimental moorage/float program being implemented in SJC be terminated immediately".

Brian Williams, of WDFW told the Island Guardian that the County can prohibit experimental docks in the county They so he is puzzled as to the reason, or the necessity, for the letter.

Former County Commissioner John Evans, who, along with fellow former Commissioners Tom Starr and Tom Cowan created the MRC as a local initiative to address concerns about the decline in diversity and productivity of the marine environment said that "It is disappointing to learn the San Juan County is now telling the State of Washington that we do not want to participate in or conduct experiments that could lead to improved dock and float designs. A county made up of islands and with a long marine heritage should be leading efforts to improve dock and float designs. The results of such research could actually improve fish and marine habitat."

The Experimental Dock program was started by WDFW to determine what impacts docks may have on eel grass, and what are the causes of any such impacts. Eel grass is an important herring spawn habitat, and the State recognizes the need to protect it, to the point of stating a goal is "no net loss". But what does this mean? Does it mean, as some seem to believe, that any loss, for any reason, is a violation of the law? Or, as the State believes, can approved research be conducted in an attempt to determine what negative impacts docks have on eelgrass, and what -if anything- can be done about it, by determining if design mitigation is possible; even if the research results in some eelgrass being removed, or some dies off as a result of the experiment.

The MRC (San Juan Marine Resource Committee) came before the CC with a draft letter for the CC to send to the State, and the Council then made a decision to send a letter asking the WDFW to end the program in San Juan County. The decision was based only on input supplied by the MRC, and without scheduling a work session to be attended by present ivies of WDFW, the MRC and other interested parties. It is normal and expected practice by the Council to hear all sides of an argument, including. in this case, a staff report from Planning, prior to taking action on a request.

Both the MRC and the Friends of the San Juans have been critical of the experiments conducted by WDFL, in which WDFW has allowed experimental docks to be constructed with a light emitting grating in an experiment designed to determine if grating would allow sufficient light to negate shading impacts on eelgrass.

One of the reasons given by the MRC to the CC that the program should be abandoned, is because "it is applied only in San Juan County".

This statement does not seem to be correct based on information the Island Guardian acquired, which indicates that the State has issued 18 permits for docks over eelgrass since 1991 in north Puget Sound. Of those 18 permits, only 13 were constructed, and 3 of the 18 were constructed in Whatcom County. WDFW has only permitted 15 floats in San Juan County since 1991, of which 10 were constructed. Since 1999 WDFW has only permitted 2 additional floats (6' wide) over eelgrass, of which only one has been constructed. Brian Williams, of WDFW told the Island Guardian that "Of the 17 permitted floats, only 2 have been permitted since 2000 (7 years". .

Both the MRC and Brian Williams agree that there are other experimental programs that could be conducted, but so far the State and the MRC have not worked out what might be acceptable to all parties, even though the possibility of working on a new experimental program has been noted for some time.