Doug's Bar got screwed by DNR

Getting my key today, I found out that apparently, the DNR and then the Assistant AG have contacted the Zylstra's and "informed" them that people can no longer drive out on and park on the beach. We're required to stay up top "within the vegetation line".

So no launch. No parking right at your rod if plunking (which is a bummer for the long timers). It will significantly limit the amount of parking, and drifters will be affected as well obviously. And they (DNR I think?) said they will be watching, and giving out hefty fines and maybe even prison time...

"They" gave a bunch of bogus justifications, including salmon spawning grounds, which seems like BS. WHen the Z's bought that land they were titled out "to the middle of the river". Then this happens. I'm no lawyer, but it seems like a sham. And Fred and the Queen Bee are out of their minds over it. Fighting it would take more $$ than they care to fork over.

Just a heads up.

This could be a scary precedent. Will their "Justifications" spread to other rivers/boat launch areas.

I know the Olympic National Park has concerns about people driving on Richwine Bar and there have been discussions about cutting off access within the Park. Their concern is oil, anti-feeze etc run off.

Went to get my key to Douglas Bar last Wednesday and got the same information as Wodawic from both Fred and Christine. Gave up my key, which I’ve had for decades. Couldn’t figure out why/how DNR had the authority to police private property…..

On Friday I attended the Sky Valley Recreation & Planning Group Meeting in Sultan. This is a group focused on promoting recreation and business interests in the Snohomish Basin including a “Water Trail” system emphasizing the public’s ability to access and enjoy various cities commercial & public attractions along the Snohomish system. So at this meeting there is a DNR representative named Ben for “recreation” and I asked him about DNR denying wheeled access (including wheel chairs according to the Zilstras) at Douglas Barr. He didn’t know anything about it as he was more involved with the timber issues around Gold Bar and said it must be part of DNR’s “aquatics” Department but he’d look into it and get back to me.

So at the end of this meeting in Sultan I get pulled aside by a gentleman named Blair from Adventure Center, which is a commercial rafting enterprise on the Skykomish I believe. Blair tells me that he is on the committee concerning access points for the “Water Trail” system and that there have been discussions concerning Douglass Bar. According to Blair there have been numerous complaints and almost daily sheriff visits to Douglas Bar…..he emphasized too much drinking….and that WDFW (Jamie) and the sheriff’s department had been looking at ways to end the poor behavior. Apparently DNR has the authority. Fred and Christine didn’t mention anything about this…..

So I guess I’ll have to row my Lavro another couple of miles, probably against an incoming tide, down to the new access in Snohomish, which is a major bummer. I’d suggest contacting Jamie at WDFW with your concerns.

Here's what I got back from DNR:

Gary,

DNR did recently communicate with Fred Zylstra about fishing/boating access at Douglas Bar on the Snohomish River.

Access and use is shaped by ownership. Mr. and Ms. Zylstra own the upland property abutting Douglas Bar. Douglas Bar, on the right bank and next to the Zylstra property, is state-owned aquatic land. The boundary between the state-owned aquatic land and the Zylstra property is the line of ordinary high water (Washington State Constitution, Article XVII). The line of ordinary high water means, for the purpose of asserting state ownership, the line of permanent upland vegetation along the shore (Washington Administrative Code 332-30-106(48)) Driving on the gravel bar is a violation of Washington Administrative Code 332-52-400(6). DNR is responsible for managing the public’s land and enforcing that rule (WAC).

On May 9, Mr. Zylstra and I talked by phone and I asked him to help end the driving the gravel bar. The Zylstras may continue to offer paid access across their property to the river, as least as far as DNR is concerned. However, vehicles using this access must not drive onto the gravel bar for boat launching or any other purpose. Established boat launches are available elsewhere in the Snohomish River basin, including less than 3 miles downstream at the new City of Snohomish launch. In DNR’s view, people are welcome and encouraged -- as long as they respect the Zylstras’ property rights in terms of upland access -- to continue to fish from the bar and hand-launch boats there.

In our call, Mr. Zylstra indicated his willingness to cooperate with DNR’s request while continuing to provide access across his property. We appreciate that.

Please let me know if you have any questions.

Dennis Clark
Assistant Division Manager
Aquatic Resources Division, Orca-Straits District
Washington State Department of Natural Resources (DNR)
Phone 360-854-2805
Cell 360-708-7357

What a crock of [Bleeeeep!]!

Is that in Senator Pearson's district?

Seems that DNR is awful selective about asserting the high water mark ownership issue. How many thousands of places in Washington (claims, oysters, Taylor Shellfish, etc.) does DNR not assert the state's ownership? Am I missing something?

I think the point of that letter is not to say that the State is closing accss because they own it, but is closing it it because they can, and didn't give the reason why.

Fish on...

Todd

For those interested in reversing this decision, please call or email Hilary Franz, the commissioner or Public Lands. I have also spoken to Kirk Pearson's office and put them in contact with the Zylstras.

Many people use this access including many retired people who do not have the option of walking long distances. This could also set a precedent of removing other access points on our rivers.

Please share with others. thank you


Commissioner of Public Lands Hilary Franz
MS 47001
Olympia WA 98504-7001

360-902-1001

cpl@dnr.wa.gov

Interesting how on the Nisqually, the owners of the campground call the sherifs and have people removed from the river, because they "own it"! Yet, it is a good 75ft below any vegetation and thus high water mark!

Another case of selective enforcement!!