Way back in 2002, boat launches at historic Point No Point were shut down. In addition to the fishing and boating opportunities the launch would offer, there is a need for emergency access there. For fishing Possession, Double Bluff, or Mutiny Bay, boats have to run 10-15 miles from Kingston (for me) in the open Sound, whereas the PNP launch would provide asses in 3-5 miles. Therefore, the PNP launch would provide better safety and economy/ecology too.
For many years, the WDFW has supported the launch, stating in 2004 that it was a top priority. Since then, there have been many hurdles, permitting issues and tribal objections, and ALL have been addressed by the WDFW. The CORPS OF ENGINEERS is the last signature needed. Yet, the permit has been sitting on their desk for years now, unsigned. I have asked for a legal reason why they cannot perform their job and duty to us, but they refuse to answer.
Last year, they had a closed door, internal meeting of their attorneys. I asked for access, but was denied. I believe the Corps is afraid of getting sued by the tribe, and they don't want that blemish on their record. After resolving tribal objections for 8-9 years now, the latest objection is “ The Tribe’s claim is based on a belief that the boat launch will cause additional fishing pressure within their usual and accustomed fishing grounds…, which in turn, will displace tribal fisheries and/or result in damage to their fishing gear… “. This is from a WDFW letter to the Corps, Dec 4, 2015. Keep in mind this objection was after the WDFW changed engineering plans, bought 515’ of shoreland to mitigate, removed 90 pilings for mitigation, all of which addressed pevious tribal objections. But their list has no end.
The tribe cannot identify how the launch would damage their gear. The last I heard, they said it was inherent if there is more boat traffic, their gear was at greater risk. I cannot understand that.
However, based on that claim, I think the CORPS decided, in their closed door meeting, they would rather not sign the permit, as it may result in a lengthy lawsuit, even though based on a claim without merit.

This will result in 2 things:
1. The tribes have learned that the CORPS will not sign permits if there is ANY tribal challenge, so the tribes will eventually use this precedent to control every boat launch, even on those outside the reservation boundaries. Look for your local launch to be shut down when a remodel or repair permit has to go through the Corps. This Corps behavior is a precedent will apply statewide.

2. The PNP launch will never happen. The CORPS will not do their job, even though WDFW director James Unsworth wrote, “The tribes have no legal authority to delay (the Corps) processing of the WDFW’s permit application, and WDFW asks the Corps to review the material in the record, determine that any unresolved tribal concerns are not factually or legally warranted, and grant WDFW’s permit.”
(This from the same letter.)

Costs: $400,000 tax money spent to buy neighboring land to mitigate to offset the “damage” the 25’ wide ramp will cause. Mitigation costs there (my est): $100k. $860k to buy the original launch site. $2.1 million to install the current parking, restroom, ADA requirements. Here’s the big one: Costs for CORPS,WDFW, NOAA, County, Tribal, legal and administrative costs over the last 15 years: PUT YOUR ESTIMATE HERE: $_____________.

So, my estimate of cost to date for the fancy parking lot we have, without a ramp, is $3.46 million + 15 years of admin expenses, NOAA reports and NMFS participation. The CORPS is blocking the ramp based on unsubstantiated claims, and the clock is still ticking on the 15 year bill for administrative and legal costs.

Lastly, from James Unsworth, “…we dispute the Tribe’s claim about fishing interference because that claim implies that the Tribe has exclusive rights to the surface waters in their U&A. WDFW believes the Tribe’s off-reservation treaty fishing rights must be exercised in common with all other state citizens. The public has the right to recreate and fish over the state’s navigable waters.”. That's right! It seems the tribe is blocking MY Boldt decision rights to my half of the fish, and they are doing that off the reservation in a public park.

SO CORPS, so Wdfw, WHAT ABOUT MY RIGHTS? I am not challenging the tribal right to fish, or the Boldt decision, or UA boundaries, or any of that. I am asking the CORPS: “What about my rights to fish? Why are you wasting tax dollars while costs rise exponentially to the taxpayer, as there is no legal basis to prevent the launch, and so, why isn’t the CORPS doing their job in their mandated jurisdiction?

After talking constructively with the Corps for the last 10 years, I call them about 2ce a year now, but they quit returning calls.

Be aware we are approaching the second decade of work on replacing this old, single lane ramp.. (Space Needle built in 400 days, New Tacoma Narrows Bridge, less than 5 years)

I'd welcome a response from them here on the forum.


Edited by ned (10/30/17 08:00 AM)