The Northwest Aquatic Environmental Council is a committee of SPOCA members who have a particular interest in ensuring that our waters remain clean and clear, both for a healthy environment, and to enhance everyone’s enjoyment of Washington’s waterfronts. NWAEC is working on issues related to sedimentation, dredging, water quality, and preservation of navigable waterways.
An urgent issue facing shoreline property owners, as well as those who enjoy yachting and boating on Washington’s waters is the Department of Ecology’s Aquatic Plant Permit for eradicating invasive non-native weeds. Ecology’s permit, which went into effect this year, allows for the use of a limited number of herbicides in order to manage noxious weeds and invasive aquatic plants within a water body or along a shoreline (Non-chemical methods for treating noxious weeds have proven less effective and more costly.). After extensive research, Ecology has concluded that there is no likelihood of harm to ecosystems, aquatic life, or human health if the products are applied as permitted.
Further, as an extra measure of environmental safety,
Ecology has involved the Washington State Department of Fish and Wildlife,
the National Marine Fisheries Service, and the United States Fish and Wildlife
Service in establishing “fish
windows,” which limit chemical applications to identified time periods.
These fish window restrictions are explicitly stated in each permit granted
by Ecology.
Failing to treat invasive weeds can pose a threat to the safety of people
using the waters, as well as to aquatic ecosystems, according to Ecology.
Lake associations, boating clubs and boat operators from across the state
have concurred with this finding. Ecology also indicated that weeds negatively
affect biodiversity, which can result in a loss of suitable habitat for
fish and wildlife." Boating clubs and boat operators from across
the state have concurred with this finding. Ecology also indicated that
weeds negatively affect biodiversity, which can result in a loss of suitable
habitat for fish and wildlife.
We believe that Ecology has been both diligent and rigorous in its decision to create a new aquatic plant permit. However, earlier this year the Washington Toxics Coalition challenged the permit, and the NWAEC has taken action to support Ecology’s permitting process. It appears that as of November 1, 2006, NWAEC efforts have been successful in keeping this license available.
The Pollution Control Hearings Board (PCHB) denied summary judgment to the Washington Toxics Coalition. The PCHB also granted summary judgment to the Department of Ecology and the Lake Washington Marinas. This ruling does not resolve the entire case but it does away with a central claim by the coalition that temporary modifications of water quality standards necessary for applications cannot be granted under a five year general permit.
Ecology page on invasive weeds
SPOCA lent its support to a successful lawsuit against a shoreline moratorium imposed by the City of Bainbridge Island. (The following summary is courtesy of the law firm, Davis Wright Tremaine)
In the published decision of Biggers v. City of Bainbridge Island, ___ P.3d___ (2004), the Court held that local governments lack authority under Chapter 90.58 RCW, the Shoreline Management Act (SMA), to impose moratoriums on shoreline development. The Court expressly rejected the City’s argument that the express authorizations for moratoriums under the Growth Management Act (GMA) and the Planning Enabling Act provided a basis for moratoriums on shoreline development. In reaching its decision, the Court agreed with DWT’s argument that the GMA, by its express terms, mandates that the provisions of the SMA—which provide no authority for moratoria—take priority over those of the GMA and govern the unique criteria for shoreline development. “In other words,” said the Court, “the SMA trumps the GMA in this area, and the SMA does not provide for moratoriums on shoreline use or development.”
