Minutes

July 16, 2003


Members Present: Brian Calvert, Peter Fromm, Terrie Klinger, David Loyd, Mary Masters, Rich Osborne,
Kit Rawson, Jim Slocomb, Dennis Willows

Absent: Laura Arnold, Kelley Balcomb-Bartok, Mike Bertrand, Tim Carpenter, Kevin Ranker

Guests: Shannon Davis, Chris Ogle, Fred Perez

Chair Jim Slocomb called the meeting to order at 4:30 P.M. in the pavilion at Roche Harbor Resort on San Juan Island. He welcomed guests to this informal public outreach meeting and asked MRC members and guests to introduce themselves.

Chris Ogle said that he has been a sport fishermen in the San Juans for the last 20 years. Fred Perez is a mechanical engineer and is the Rear Commodore for the Friday Harbor Sailing Club. Jim said the MRC would like to attend a future meeting of the Club (meets on Turn Island).

Proposed Marine Stewardship Area: Shannon Davis, MRC Coordinator, has been organizing the public outreach element of the project. She did a PowerPoint presentation that explained the MRC's advisory role and its membership make-up of 15 members (1 short at this time). She discussed the Northwest Straits Marine Conservation Initiative, adopted in 1998, and said that the San Juan County MRC is part of the Northwest Straits Commission (NWSC) which was developed as an alternative to the National Marine Sanctuary program. Shannon listed the goals and strategies of the two-phased marine stewardship area proposal and read the 2002 federal Executive Order 13158 definition of marine protected areas: "...any area of the marine environment that has been reserved by Federal, State, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein." Shannon included some harvest data illustrating, for example, that the herring population has been in steep decline, bottoming out in the 1980's.

Fred Perez asked about the proposed voluntary no boater zones (in the presence of whales); he wondered if this would apply to sailboats and said that he has been in several sailboat races in the area when whales surrounded the boats and powering down was not an option. Rich answered that sailboats are included in the federal Marine Mammal Protection Act's (MMPA) 100-yard distance regulation; he added that, generally, Soundwatch has not tried to redirect sailboats to avoid the whales. Rich added that voluntary rules allow for such flexibility.

Fred asked if the proposed voluntary restrictions would lead eventually to regulations. Jim explained that the county has very little authority on the water to regulate boater behavior, although it might be able to regulate speed limits. He said that the MRC's focus, therefore, has been on public awareness of impacts and on voluntary behavior change. Jim reiterated that here in the San Juan Islands the environment is our economy; without whales, there would be no whalewatching industry; without our beautiful natural environment, there would be no tourism industry or home building to support a construction industry.

Brian said that the whalewatch industry is to be commended for setting up its own voluntary guidelines and for doing a very good job of self-regulating. Federal regulations concerning interactions between boats and whales do supersede, he added. Brian said that sailboat racing rules do say that a boat is disqualified if laws are broken and a boater that sails into a pod of whales is breaking the MMPA regulations. Rich said that the MMPA says that disturbing the whales is a violation and the 100-yard distance is a guideline.

Jim said that the MRC is holding public outreach meetings around the county to lay out ideas and hear back from interested parties about the proposed marine stewardship area concept. He noted that David Loyd's comment on existing and proposed marine protected areas that ":This is a park and you are the ranger" could be applied here if the idea of stewardship were to be adopted.

Chris Ogle said that as a serious sport fisherman he releases 98-99% of his catch; although he fishes strictly for salmon, he occasionally snags a bottomfish when trolling. Since most bottomfish die by the time they get to the top, he quit bottomfishing five years ago; he said that, to him, this is a big issue. Brian concurred that many former bottomfishers have also quit for that reason.

On the issue of whalewatching, Chris said he's very concerned that the feds are not out there enforcing existing regulations; he added that each time he turns on his radio, he hears announcements of federal violations. Rich explained that federal law does not specifically permit ticketing and there is no state or county law to do so either. He said that enforcement money always falls short and reserves are patrolled only twice a year. Chris said it's a very frustrating situation. Terrie agreed that it is the responsibility of the federal agency, the National Marine Fisheries Service, to provide enforcement but it's a budgetary issue. She added that if there were sufficient input to the NMFS from groups such as the MRC's and from other concerned citizens enforcement funds might be re-allocated.

Brian asked if, in Chris' opinion, the situation is worse or has improved. Chris said that there seems to be more boats and flotillas of commercial whalewatchers now. He added that the larger ones don't keep the 100-yard distance from the whales and the many diesel-engined boats add both air and water pollution that can't be healthy for the whales. Rich said the Whale Museum has been tracking the number of boats for 11 years now. The numbers peaked in 1997, he said, with 26 boats traveling with the whales; the number is down now to 16 (a few more Canadian than American this year). Rich added that although the number is down, the number of boats out there is still significant. Fred said that a resident who lives on the west side of San Juan Island regularly uses an electronic megaphone to tell boaters to leave the whales alone. Rich said that the whalewatch industry's guidelines are stricter than the federal ones and they are trying to minimize impacts. He said that an Australian study in 2000 on noise impacts to whales has led to commercial industry regulation requiring boats to reduce speed to 5 knots when within a mile of whales.

Jim asked the audience about voluntary speed limits along sensitive shoreline (e.g. forage fish spawning beaches). Chris suggested that a more effective tactic than no wake zone signs might be to post signs that read, "Slow: forage fish habitat." He added that perhaps boaters could also get such information when they were purchasing their tags.

Rich said that studies on dead harbor seals have revealed contusions from vessel impacts. Brian said that the local Sheriff's Department is not capable of catching up to boaters exceeding 25 knots. Peter said that education can change even time-honored inappropriate behavior.

There was discussion on Jim's question about public acceptance of the proposal that boats not anchor in depths under 30 feet. Eelgrass, Jim pointed out that eelgrass does not grow in depths over 30 feet. Terrie said that there is excellent evidence worldwide that anchoring destroys eelgrass. The seaward extent of eelgrass is an indicator of healthy water quality, Jim said. Sucia Island is being mapped now for eelgrass beds. Chris said that eelgrass gets mowed every 4th of July at Fishermen's Bay. Brian said that too often people who write regulations don't have practical knowledge of the area; for instance, if anchoring in water less than 30' was to become illegal, you could not anchor at all at Deer Harbor, one of the two most popular anchorages here. Jim related the discussion to the issue of identifying specific reserve zones.

Chris addressed the issue of Indian fishing rights. He said that over the last 20 years he has seen all of the local commercial fishermen go bankrupt. With the lack of commercial boats out there, the situation on the water has improved from 15 years ago, he said, when you could not drive down the west side of San Juan Island...all the way to Port Angeles. Now it's wide open, with the exception of Indian gillnetters, long liners, purse seiners. He wondered why there aren't more tribal regulations. Kit Rawson, fisheries biologist for the Tulalip tribes, said that the tribes brought sportfishing into the family of managed fisheries. The tribal system of managing harvestable numbers for each species of fish is complicated, he said, and is different from the state's. Kit said that the tribes do have regulations and recently beefed up enforcement due to an infusion of money. He said tribal management plans and regulations are available to anyone.

MRC Fair Exhibit:
Peter reported that rent for an indoor booth is $200 for a non-profit group; he will make wooden racks for displaying handout information such as the marine resources survey, the PowerPoint presentation on the stewardship area proposal, maps, etc.

The next regular meeting will be held on August 6th at 8:30 a.m. in Islanders Bank, Friday Harbor. The next outreach meeting will be on Waldron Island on Saturday, August 9th.

The meeting was adjourned at 5:45 p.m.

Submitted by Helen Venada

512 Guard St * PO Box 947 Friday Harbor, WA 98250
Phone:(360) 378-1095
Email: info@sjcmrc.org