| As our county commissioners rush forward in their eagerness to appease National Marine Fisheries Service with their Salmon Habitat Protection Plan, dated Feb. 23, we would like to call your attention to the efforts of 44 of our State’s 49 Senators and 50 of the state’s 98 House members who have appealed to NMFS to slow down. They feel that in their haste, NMFS has not gathered adequate public input nor have they considered much of the science that is needed to protect the fish. Considering the devastating consequences these rules will have on every citizen in this state, we agree with and commend these lawmakers. They need the support of local elected officials also.
As a testament to the lack of conclusive science in their determination, they have already published notice in the Feb. 16, Federal Register, Final Rule on Critical Habitat, Comment No. 6, starting on page 7768 that function is more critical in protecting riparian corridors than potential tree height or any other formula-based general one-size-fits-all measurement. We feel this is a significant improvement from previously published rules. It also raises our concerns that in their haste to impose the 200’ riparian corridors in the Critical Areas Ordinance last July and the 190’ potential tree height in this plan the commissioners are enabling this agency’s power grab and risking the rights of property owners, and any hope for economic vitality in this county.
As they proceed in developing future conservation measures, much reliance seems to report on a Refugia study, LIDAR mapping, and the Chico Basin study. These studies will be used to define critical habitat, wetlands and unstable slopes. What criteria is being used to make the determinations in these studies? What sort of technical review process is planned? The results of these studies will drive the process of defining protection measures. They must be unbiased and trackable. Their scientific integrity must stand the rigors of peer review.
Commissioner Garrido, in an e-mail addressed to me Feb. 22, wrote “By responding quickly to the federal mandate, we will actually be able to ensure immunity from lawsuits for county property owners who follow County regulations and we’ll be able to protect their property as well.” Nothing will “ensure” us of “immunity from lawsuits.” There is NO safe haven from third-party lawsuits. When you make comments like this to me — and I know such a statement is incorrect — you must be saying the same thing to others who find assurance in your words. I have heard Commissioner Endresen say on several occasions that NMFS will protect us from lawsuits.
NMFS has not been able to protect themselves from lawsuits. My question to all of you is who will pay the price, in cold hard cash, for overprotection because our local elected officials do not have the mettle to stand up for the rights and property of their own citizens? Remember, lawsuits come from all directions?
By their own words, NMFS has threatened to come into our homes and regulate our “..decisions about energy consumption for heating, travel and other purposes,” and the “...individual maintenance of residences and gardens.” They go on to say, “These lists are not exhaustive. They are intended to provide some examples of the types of activities that might or might not be pursued by NMFS as constituting a take of listed salmonids under the ESA and its regulations.” As you know, “pursue” in ESA language means “prosecute.”
These are direct quotes from the January 3, 2000 Federal Register, Page 173 under Par. 3. We do not support any government agency having such control over human lives and property. Do you?
We would again like to express our disappointment in the lack of public input that was allowed in the process of developing this Salmon Habitat Plan. There was very little opportunity for the public to express their concerns and when they were allowed to speak, flyers were distributed describing a number of limitations on their testimony.
Vivian Henderson, Director
Governmental Affairs/Land Use
Kitsap County Assn. of Realtors. |
