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PORT GAIUBLE S'KI,ALLAM TRIBE
31912 Little Boston Road NE r KinEiston, WA 98346
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August 8,2001
TO: Brinnon Planning Group
(360) 297-2646
Kingston
(360) 478-4583
Bremerton
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(206) 464-728t
Seattle
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(360) 297-7097
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FROM: Ted Labbe, Habitat Biologist JEFFEBSON COUNlY
DEPT. OF COMMUNIIY DEViLOPi,4ENT
RE:Brinnon Subarea Plan, July 24Draft ORlkttV
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lhank you tbr the opportunity to corrment on tire ilrinnon Subarea Pian. The Port
Gamble S'Klallam Tribe maintains a special interest in the Brinnon are as the Tribe
depends on local fish, shellfish, and wildlife resources for its cultural and economic well-
being. Tidelands harbor commercially-significant shellfish populations, and the
Dosewallips and Duckabush rivers and their deltas serve as critical habitat for threatened
salmon. Past habitat loss and degradation stemming from poor development standards
and destructive land use practices has resulted in closure of shellfish harvest areas and
drastic salmon population declines, thereby jeopardizing our Tribe's court-affirmed treaty
rights to fish. In particular', we are concerned that new development impacts permitted
under the Brinnon Subarea PIan will further erode the health of native fish, shellfish, and
wildlife populations and undermine our Treaty rights.
In our review of the Plan, a number specific issues emerged that are important to the
Tribe and the protection of our Treaty-reserved rights:
Inaccurate History of Tribes (p. 7) - Please refer to Jerry Gorsline's 1997 book, Shadow
of Our Ancestors for a timeline of events from the time of the Stevens Treaties to the
present. Though Treaties were signed in 1855, most Tribes did not receive federal
reco,gnition until after 1900.
Limiting the Extent and Intensity of New Land Use - The designation of the Black Point
as a Master Planned Resort (MPR) is inconsistent with both the spirit and intent of the
Growth Management Act, the Jefferson County Comprehensive Plan, and the Brinnon
Planning Group's own stated goals. The startling income-housing cost gap that the
Brinnon Planning Group has identified in their community may not be ameliorated by the
development of the Black Point MPR. In fact, if the Port Ludlow MPR serves as any
example, the affordable housing situation may be worsened as wealthy second home-
buyers flock to the area and drive up living costs.
More importantly, the designation of an MPR at Black Point will expand, not limit
intensive development in outlying areas, near sensitive shoreline habitats potentially
jeopardizing native populations and ecosystems upon which the Tribe depends. As
embayments of Hood Canal have been developed as marinas and where intensive
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residential development has resulted in water quality degradation, shellfish harvest has
been limited or closed. Many of these areas are among the most productive habitats,
undermining the long-term viability of our Tribe's natural resource-based economy. In
particular, the Dosewallips and Duckabush deltas are important sites of Tribal shellfish
activity. With the loss resilient salmon populations capable of supporting tribal harvest
opportunities, the Port Gamble S'Klallam Tribe has shifted its focus increasingly towards
shellfish. Thus development proposals in this immediate area are of concern to the Tribe.
Misunderstanding Of Tribal Shellfish Harvest Issues (p. 55-7) - Unfortunately, the
Brinnon Plan misrepresents a number of facts surrounding Tribal shellfish harvest on
private lands. Under the Rafeedie decision and subsequent federal court decisions, the
Tribes right to harvest shellfish on tidelands that are not staked or cultivated was
sustained. This right is explicitly recognized in the Stevens Treaties and supersedes the
rights of shoreline property owners. However, the courts require the Tribes to follow
strict landowner notification and pre-harvest survey procedures to ensure shellfish
populations and their habitat are protected. Management of fish and shellfish harvests is
not under the authority of the Brinnon Planning Group or Jefferson County, but rests with
the Washington Department of Fish and Wildlife and the Tribes (the "co-managers").
Development of a Comprehensive Salmon Recovery Plan Qt.56) - One stated objective
of the Plan is the development of "a reasonable salmon enhancement plan...that takes
into account factors such as overfishing, harvest methods of treaty tribes and the salmon
habitat to include the impact of logging, weather conditions and property development."
The plan also speaks to the need for citizen involvement, which is also important. One
such plan has already been developed, the Summer Chum Salmon Conservation Initiative
(WDFW and PNPTT 2000) and I would encourage members of the Brinnon Planning
Group to review this document. It is available over the internet at:
http ://www.wa. eov/wdfiv/fi sh/churn/chum.htm
Flooding and Floodplatn Development Issues (p. 78-80) - Floodplain environments are
inextricably linked with their rivers and habitat that sustains imperiled fish populations.
As development on the floodplain occurs, there is loss of essential flood water storage
functions, bank armoring increases to the detriment of in-channel fish habitat, and
flooding impacts become more severe for both shoreline property owners and fish
populations. Further development within floodplain is inconsistent with the twin goals of
protecting sensitive aquatic resources and safeguarding existing shoreline/floodplain
property owners. New development in the Dosewallips River floodplain should be
designed so as to result in no increased building footprint. Opportunities for property
buyout and dike setback to rernove or minimize river channel constrictions (which
increase the severity and frequency of flooding) should also be identified in the Plan.
Historic logjam removal and floodplain loss in the upper watershed has also likely played
a role in increasing flood impacts in the lower river by reducing water residence times;
the Plan should identifu the linked needs for riverine fish habitat and floodplain
restoration in the upper watershed as a mitigation tool for downstream flooding concerns.
Finally, Brinnon residents and the local flood control board should request that the U.S.
Geological Service re-activate an historic flow gage at rivermile 7.1 to provide real-time
flooding alerts to area residents and as basic planning tool for effective fisheries and
water resource management.
Effective Conservation Planning Tools G. 84) - Finally, the Plan mentions the use of
conservation tools such as easements and transfer of development rights (TDRs) but does
not lay a framework for their creative use or implementation. To be effective, the
Brinnon Subarea Plan needs to relate these tools to the problans it identifies in the
community (lack of affordable housing, inappropriate floodplain/shoreline development,
need for protection fish and wildlife populations and their habitats, etc). For example,
how might TDRs be employed to shift development densities away from the river and
onto the gravel pit and Boling properties which are outside of the floodplain?
Sincerely,
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Ted Labbe
Habitat Biologist