On September 10 a federal judge in Oregon ruled NMFS “had made an arbitrary and capricious” choice when it left the hatchery salmon out of the Endangered Species Act listing. Chances are excellent that this decision will affect the ESA listing of salmon in Washington as well, especially in light of the best returning salmon run since 1938.

Mr. Ross asked the Commissioners to temporarily stop the work being done by the county to complete the (4)d Exemption work and wait until the legal petition sent to NMFS is acted upon. NMFS has until Jan. 1, 2002 to reply to the petition, so it would seem reasonable for our Commissioners to delay this work at least 90 days.

You may remember the 4(d) Exemption requires NMFS to certify local development regulations, road building and repairs and growth strategies. These regulations are based upon the listing of salmon under the Endangered Species Act.

In response to Mr. Ross, Commissioner Botkin emphatically said “no” because he says that they have a “clear mandate” from “our constituents” to complete and enact the 4(d) Exemption. Commissioner Endresen concurred.

This is surprising to me as I drive around the county and see the NO 4(d) signs everywhere. I have not yet met one homeowner or businessperson who defends this legislation!

So, I had to see for myself what was happening here. I went to the County Commissioner’s 4(d) work meeting the on Tuesday, October 16. I met about twenty-five other people who had heard the same news and we had to crowd into the meeting room just to hear.

We were met at the door by Commissioner Endresen, upset with citizens showing up for a public meeting without making prior plans. The crowd, however, agreed to take turns standing in the hall and sitting silently inside the meeting room where a few extra chairs were hastily placed.

As a working meeting, none of the “visitors” were allowed to speak or ask questions, as the Commissioners and staff discussed the draft Mitigation Program. This program sets standards for applicants who may want to build or make changes to their property. There will be a process by which the county may fund it’s compliance with the environmental regulations by giving homeowners projects to pay for when their own projects do not meet the restrictive regulations.

For example, you might be able to pay into the replacement of the Central Kitsap, Gluds Pond culvert if your proposed work does not meet the regulations to save salmon. If the Commissioners feel that your project affects 40’ of habitat, you will have the good fortune to restore 120’ or more of some other critical area (the multiplier will vary depending upon many conditions.) So, for four times your budget, and after all of the studies and reports are paid for, you may be able to complete your plan.

It seems as though the commissioners are planning on doing more than just giving the Feds control of our land through the 4(d) Exemption. All the county ordinances, which might be affected, are also to be changed quickly in order to make us appear more compliant with NMFS before any submittal is completed. That way, we will have a better chance of the Feds accepting control of our land.

Commissioner Angel was against this idea and asked why we could not wait to make such drastic changes until NMFS reviewed the petition to delist the salmon. Commissioner Endresen curtly stated that she and “Tim” had discussed this and the work would continue because they feel it is for the best. After all, we would not want to be somewhere down the list of counties begging to give up control of our land!

Obviously, Commissioner Angel was put in her place in front of these many visitors, but she did not give in. The same comment was made time and again in reference to any request on Jan Angel’s part during the meeting.

It seems as though Commissioner Angel is up against a brick wall when it comes to asking for information, having the other commissioners consider the concerns of the county citizens and even getting legal council to review the possibility that salmon might be delisted by NMFS due to the federal decision. It is incredible.

During the meeting, which lasted about 90 minutes, both Commissioners Botkin and Endresen repeated time and again that they had already decided on how to proceed and that by next year, the 4(d) Exemption would become law. It is not to be voted upon. As Commissioner Endresen states “she and Tim” will have decided.

After the meeting Commissioner Botkin was told that the homeowners and business people in attendance were against the 4(d) Exemption and he should understand that he did not have a “clear mandate.” He replied that he worked in “different places” than this crowd did, and everyone he has heard from agrees with these regulations.

As a homeowner and a voter I don’t want to give the federal government control over my property. When these new regulations go into place, in 2002, we will have no control over our own property. We will all be affected by these regulations.

It will cost anyone wanting to improve, protect, or build a home thousands of dollars in county required studies, engineering, habitat management plans and stormwater management requirements. Each tree, bush and plant will have to be identified and cataloged, each square inch of “impermeable surface” documented against future infringements upon the government’s control.

That’s right. With the new Lidaar, “spy in the sky” imaging program, put in place by Commissioners Botkin and Endresen, the county will simply compare the previous year’s aerial scans to this year, and by God, if your driveway has changed, they will know about it. These scans will result in a report identifying any changes to your property.

What have we come to in this county? We have two commissioners who are making big, life-changing decisions based on what their financial supporters prefer and one who is left to struggle against their will. Those who disagree with Botkin and Endresen are of little or no significance to them.

And these are not an insignificant changes to our laws. These changes will drastically inhibit our ability to use and enjoy our property forever. No longer will we dream of adding on a bedroom for the new baby, or a workroom for Dad. It will require federal permits, expensive studies and limitations of usage to what the government wants. Imagine what this will mean to businesses in Kitsap County.

I ask you to help me.

Since Commissioners Botkin and Endresen feel that they have a “clear mandate” from all of us, please let me — and them — hear from you.

Send me an e-mail or a postcard and I will collect names for and against. If I am wrong, I will admit that we want to be completely controlled by our two commissioners and the Federal government. If not, let’s at least let them know it.

Jan Oleksiak
PO Box 2045
Bremerton, WA 98310
kitsaphome@yahoo.com

Kitsap County Commissioners
614 Division Street
Port Orchard, WA 98366

CEndrese@MAIL1.CO.KITSAP.WA.US
tbotkin@MAIL1.CO.KITSAP.WA.US
jangel@MAIL1.CO.KITSAP.WA.US