Waterfront homes like these on the Indianola Spit could become a thing of the past if the proposed Endangered Species Act and Department of Ecology rules become law. Under the proposed rules, none of these homes could have been built.

   A newly formed group, the Kitsap Waterfront and Streamside Owners Association, is inviting all waterfront property owners and other interested people to a rally to inform them just what their rights are in relation to the Endangered Species Act (ESA) and the recently proposed rules by the state Dept. of Ecology (DOE).
   The program, to be held on Oct. 21 at the President’s Hall at Kitsap Pavilion, will start at 10 a.m. and feature several speakers, including Dr. James Buchal, author of The Great Salmon Hoax, 35th District Senator Tim Shelton (D-Potlatch), and talk show host Tim Harrington of the Rolling Thunder Radio Network. Harrington, who has discussed this topic at length on his show, can be heard daily from 3 to 6 p.m. on 1400 AM KITZ.
   Pacific County Commissioner Pat Hamilton has also agreed to speak and a representative from Common Sense Salmon Recovery has been invited but hadn’t been confirmed at presstime. Republican candidate for governor, John Carlson, also wanted to speak but had a schedule conflict.
   The program’s organizers say it will outline what rights property owners do have, and explain how they are at risk by the rules being proposed by the DOE as well as cover information on how the county’s closed door negotiations with the National Marine Fisheries Service (NMFS) have endangered those rights.
   County Commissioner Chris Endresen claimed that the commissioners offered to appear as well and explain the county’s position, but they hadn’t received any response. An invitation was later extended to Endresen to speak.
   The county also conducted a recent series of public meetings trying to explain both the ramifications of the ESA and the proposed DOE shorelines rules. Property owners for the most part haven’t liked what they’ve heard from the county’s Shorelines Coordinator, Renee Beam, and a significant number of angry people lay the blame on the county commissioners, believing they haven’t done all they could to protect them from the state and federal government.
   All three of the Kitsap County Commissioners insist the perception they are rushing to complete the process for political reasons and not defending the rights of property owners against NMFS and the DOE is flat wrong. The say they are working to protect the citizens, but that the issues are much more complex than most people realize — and that was the purpose of having the public meetings.
   “The shoreline meetings were held in order to let property owners know what the state and federal government were asking us to do. We felt it was important for people to have this information,” said Endresen.
   In a random sampling of people as they left those meetings, many expressed distrust of the commissioners, believing that the county is under no legal obligation or deadline pressure to comply with any mandates, and questioning why Kitsap is rushing to be the first to have a plan in place.
    Commissioner Charlotte Garrido was very direct, responding, “I object to the allegation that we are ‘rushing’ to get this work done. Rather, we’re working consistently toward the goal of meeting a federal law. The Endangered Species Act applies to the Puget Sound region. Citizens expect their local government to perform professionally and responsibly. We strive to do so, and seek constructive citizen suggestions to assure that we all succeed.”
   Endresen pointed out that Section 4(d) of the Endangered Species Act will take effect on January 8, 2001, so the county is under an ESA deadline. “The idea is not to be first, answered Endresen. “The idea is to have as much legal protection for the citizens as soon as possible. An alternative to no protection under ESA could be that individual property owners would be required to obtain an Incidental Take permit from NMFS before the county could issue a permit. This will not prohibit someone from filing a lawsuit. It will give a much higher degree of protection than not having a plan.”
   Endresen also cited some of the consequences for not having the exemption, including increased risk to the property owner of an appeal to a federal court, increased risk of enforcement by NMFS and increased risk to Kitsap County taxpayers of a lawsuit accusing the county of allowing harm to salmon or it’s habitat. “This avenue could take all local control away leaving a federal judge to mandate Kitsap County land use rules for salmon,” worried Endresen.
   In response to charges that the commissioners were simply doing the bidding of the environmental interests that helped all three of them get elected, Commissioner Tim Botkin replied, “The environment interests say we’re not doing enough. If there is any rush, it’s to get us all out of this environmental limbo we’re in. It has nothing to do with politics.”
   Endresen, who is up for re-election simply replied, “I believe if you look at my fundraising information you will see a broad range of supporters. Believe me, from a purely political standpoint, I’d just as soon not be dealing this right now,” she chuckled.
   But those responses don’t wash with some people. Vivian Henderson, governmental affairs coordinator for the Kitsap Association of Realtors, who has tangled continually with the commissioners over these issues insists the commissioners are holding back and that’s the reason the group was formed and the rally organized in the first place.
   “There is more to the shoreline issues than the county is telling the people — much more. The citizens of Kitsap County know that but nobody is really answering their questions. Our association has gotten hundreds of calls from shoreline property owners who are scared. They’ve watched the county and State erode their property rights significantly in the past 10 years. Now here comes the Federal government saying ‘we want more’ and the county is falling all over itself giving the Feds whatever it is they want,” insists Henderson.
   “Our county commissioners have said they want Kitsap County to be the ‘model’ county for salmon recovery. The people who have contacted us are mad,” she explained. “Every citizen we have talked to is very concerned about our natural resources and saving our salmon but they believe the salmon issues are just a cover for taking more rights away from property owners.
   “A prominent attorney who lives on Kitsap marine shorelines called me about a month ago and said ‘he’s had enough.’ He asked me if our association could help him get some people together and bring the truth to Kitsap County. We are happy to oblige,” added Henderson.
   According to spokesman Jean Sherrard the attorney Henderson referred to, organizers of the event hope that after hearing what he termed, “the truth about what is happening and what can be done,” enough people will be concerned to mobilize and take action to protect the rights of all property owners in Kitsap County.
   Botkin just wants the citizens to trust the people they elected. “By no means are these questions flattering to us,” he said. “In spite of what some people seem to think, we will not be able to pull the wool over people’s eyes. I just hope all this doesn’t muck up the works and make it difficult for someone trying to get a building permit to have the certainty we all want and need.”
   For more information on the rally, call Henderson at the Kitsap Association of Realtors at (360) 692-8852 or Sherrard at (360) 779-7721.