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| Motor ban in Ross Island Lagoon? |
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| Oregon State Marine Board Considers Motor
Ban in Ross Island Lagoon and No-Wake Zone in Holgate Channel. Public Forum Scheduled in Portland on May 27. |
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 | | | Motor ban coming soon? |
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The Oregon State Marine Board accepted a petition to open the rulemaking process for a no-wake-zone in the Holgate Channel between Ross Island and the east bank of the Willamette River, and a motor ban in the Ross Island Lagoon. The proposed rules would have no impact on Ross Island Sand and Gravel and other commercial marine operations, as those are specifically excluded.
The petition for these rules was submitted by Willamette Riverkeeper, the Urban Green Spaces Institute, and the Portland Audubon Society. It is supported by a March 18, 2009, Portland City Council resolution introduced by Mayor Sam Adams and Commissioners Nick Fish, Dan Saltzman and Randy Leonard. The resolution states that over 300 letters from non-motorized boaters supporting the petition were received.
The Portland City Council resolution reflects the level of political clout that environmental, kayak and canoe groups enjoy in Portland. However, the council resolution has no legal impact. The State Marine Board has sole jurisdiction over regulation of recreational boating activities. The OSMB is a rare self-funding agency. Its programs focus on boating safety, law enforcement, education and access enhancement. These programs are funded by user fees from motorized boaters, collected from marine fuel taxes, title and registration fees. Non-motorized boaters make no financial contribution to OSMB programs, yet benefit from them.
The rule as proposed by the petitioners reads as follows:
No person shall operate a boat in excess of a maximum 5 mph, "Slow-No Wake" speed on the Holgate Channel extending from the upstream tips of Hardtack and East Islands to the downstream tip of Ross Island.
No person, except for commercial operations, shall operate a motorized craft within the Ross Island Lagoon.
According to Randy Henry, Operations Policy Analyst for OSMB, "the request exempts commercial operation in the lagoon, which would include Willamette Jet Boats and other commercial excursions operating under Coast Guard authority. It probably wouldn't exempt fishing guides, but we are looking in to that."
Clearly, the proposed rules are directed specifically at recreational motor-boaters, which would include recreational anglers.
Comments from representatives of the petitioners make clear their motivation for seeking new restrictions. Mike Houck, Executive Director of the Urban Green Spaces Institute, had this to say: "I have observed over my more than 30 years leading walking tours along what is now the Springwater on the Willamette Trail and paddles around Ross Island serious user conflicts, both from the perspective of boater safety and inappropriate behavior of jet skis, wake boarders and water skiers. I have had families in canoes and kayaks put in perilous situations due to wakes. I've watched jet skiers chasing Canada Geese and other water birds. I've seen boats pull up right under the Bald Eagle nest on Ross Island with loud music and amplifiers and watched 30-40 water skiers congregating and creating wave action on the restoration area at the sound end of the Ross Island lagoon. And, while it's not directly tied to wake action, the boom boxes and incredibly loud music from wake boarders and water skiers in the Holgate Channel dominate the channel during peak water skiing and jet skiing seasons."
The rules, as proposed, make no distinction between boaters who conduct themselves as described above, and other boaters who are respectful of the environment and of non-motorized boaters.
Randy Henry had this to say. "We've had anglers ask why the lagoon couldn't be "electric motor only" or "slow-no-wake" instead of an outright motor ban. We've also had suggestions to modify the location of the slow-no-wake zone in Holgate Channel. Skiers and wakeboarders are concerned about the loss of a protected waterway. However, the issue has not yet received any official public comment."
Bill Egan, Director of Information for the Oregon Bass and Panfish Club, had this to say of the proposed rules. "The boating public would be denied access unless we canoed or kayaked, even though some of us have been fishing there for over 50 years, . Of interest, ADA (Americans with Disabilities Act) access would be restricted to tour boats, canoes, kayaks or row boats. We had tried to work out a compromise of slow no wake or electric motors in the lagoon with Willamette River Keepers acting as a mediator. Green Spaces, Friends of Ross Island and others refused any compromise. These are groups that don't pay marine board fees, they are not licensed, they pay nothing for access, enforcement or signage and try to steal access from the public for themselves."
The next step in the rulemaking process is a public comment period with a formal hearing on the proposed rule scheduled for Wednesday, May 27, 7:00 pm, at the Portland Building Auditorium, 1120 SW 5th, Portland.
Again, Randy Henry. "We are asking people to comment on whether they like the proposal, dislike the proposal, or if they have an alternate proposal. The Board has the option of adopting the rule as proposed, denying, or modifying."
The petitioning environmental, kayak and canoe groups have been strategizing and preparing their tactics for months. Websites and newsletters, such as Willamette Riverkeeper's, give detailed instructions on how their members can show their support. Bill Egan of the Oregon Bass and Panfish Club reports that groups such as his had very short notice of the Portland City Council hearing of this issue. Now it is only a matter of weeks before the State Marine Board holds its hearing.
Again, Bill Egan. "It is important that as many club members, boaters and supporters of public access write to the marine board or come to this meeting to get their thoughts on public record so we do not lose access. Between now and May 27 if you have a boat, take a look at this place. Fish it, watch the birds and enjoy it, because it may be your last chance if special interests have their way."
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