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HomeMy WebLinkAbout009eW+loe {h PORT GAITIBLE S'KLALLAIII TRIBE 31912 Little Boston Road NE . Kingston, WA 98346 ry October 17,2001 FROM: TO: RE BrinnonPlanning c*rpf*(tnso' (-'o l{"'" '',; l'ti;"t Ted Labbe, Habitat Biologist Brinnon Subarea Plan Thank you for the oppornrnity to comment on the Brinnon $ubarea Plan. The Port Gamble S'Kiallam Tribe maintains a spdciai 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, and the entire area hosts a diversity of other important fish and wildlife populations valued by the Tribe and local residents. 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. ln particular, we are concerned that new development impacts permified under the Brinnon Subarea Plan will further erode the health of native fish, shellfish, and wildlife populations and undermine our Treaty rights. In August, the Tribe offered initial comments on a draft of the Brinnon Subarea Plan. Though we raised a number if issues and inconsistencies in the draft plan, we did not hear back from the planning group regarding our concerns or how the planning goup would seek to resolve these issues. As a result, we itre resubmitting our concerns for the record in addition to more detailed information on the area's valuable fish and wiidlife resources, included below. 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: Lack of Considerationfor Impacts to Regionally-Signt/icant Fish and l{ildlife Populations - Throughout the plan, there is little information on regionally-significant fish and wildlife populations inhabiting the Brinnon area. There is no discussion of how the Planning Group would propose balancing economic growth in the area with protection of the area's significant fish and wildlife populations. This shortfall is particularly notable when one considers the areab importance for a host of protected species, including chinook and summer-run chum salmon as well as state-protected species (e.g. bald eagle, trumpeter swans, and harlequin ducks). Nowhere is this deficiency more notable than in the Plan's recorlmendation for the development of a Master Planned Resort at Black Point. Black Point and the Duckabush R,"CJ fuot q! rc -t?*ot +ta,{o p^bf ic- Ae,** i17 I (360) 297-2646 t360) 478-4583Kingston Bremerton (206) 464-728t Seattle (360) 297-7097 Fax estuary immediately to the south harbor numerous at-risk populations that would be impacted by large-scale development as outlined in the plan. The east shore of Black Point possesses several documented bald eagle nesting areas (WDFW Priority Habitats and Species database), while the south shore harbors an undocumented heron rookery (T. Labbe, personal observation). Substantial waterfowl concentrations occur in the Duckabush estuary, and known priority species utilizing this treasured environment include: bald eagles, harlequin ducks, hooded mergansers, and trumpeter swans (WDFW PHS database). In marine areas sulrounding Black Point, hening and sandlance spawning use has been documented (WDFW PHS database); these fish species serye as vital prey resources for a variety of bird, fish, and mammal predators. The protection of remnant sandlance and hening nursery habitat is critical to the maintenance of food webs in Hood Canal, since much of this habitat has already been lost due to harmful coastal development practices in the past and these critters are known to be important food resources for threatened salmon, which are now protected under federal law. The Brinnon Planning Group has not consulted the State's information sources on local fish and wildlife populations, nor considered how the proposed Black Point MPR or other development would impact these valued natural resources. Washington Department of Fish and Wildlife's Priority Habitats and Species database remains the authority on known locations of sensitive populations. The Tribe maintains access to this database for use in reviewing development proposals across our management area. However, we cannot release this information due to its sensitive nature. The Tribe therefore requests that the Brinnon Planning Group and,/or the County make a formal request for this information to WDFW, enter this information into the public record of these proceedings, and, most importantly, consider how proposed development impacts will be ameliorated to protect this area's important fish and wildlife populations. ' 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 recognition 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 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 (p.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. gov/wdfilfi sh/chum/chum.htm Flooding and Floodploin 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 remove 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 identiff the linked needs for riverine fish habitat and floodplain restoration in the upper watershed as a mitigation tool for downstream flooding concems. 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. At present, the Tribe's Natural Resources Department is engaged in a study to unravel the linked issues of salmon habitat restoration and flooding on the Dosewallips. Our assessment will combine field surveys of the river with detailed remote-sensing-based floodplain and habitat mapping to provide salmon recovery managers and others interested in flooding concerns with a picture of the river and its surrounding floodplain. This work is funded by the Bureau of Indian Affairs and involves the U.S. Forest Service and U.S. Geological Survey. Products from this work will be of use by the County and Brinnon residents for charting flood hazards along the river. Effective Conservation Planning Tools (p. 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 problems 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? Sincerelv- 1r,,,( 1,rll, Ted Labbe Habitat Biologist