Gleaned from the newsgroup rec.boats.paddle. --- From: jeff_at_ANTISPAM.com (Jeff in Portland, OR, USA) Supreme Court OKs ban on water bikes in San Juans By HUNTER T. GEORGE The Associated Press 07/09/98 4:36 PM Eastern OLYMPIA, Wash. (AP) -- The San Juan County Commission will enact a new ban on Jet Skis and other personal watercraft around the resort islands this summer, a commissioner predicted Thursday after the state Supreme Court rejected a challenge by the industry. Supporters and foes alike agreed the much-anticipated ruling could spark a wave of similar bans nationwide. The state's high court voted 7-2 to uphold a two-year ban enacted in 1996 by the San Juan County Commission due to concerns about the crafts' threat to the islands' marine environment and the tourism it draws. The court's decision, which took more than a year, came two days after the National Park Service proposed rules banning personal watercraft from national parks because of safety, noise and environmental concerns. In Florida last month, Monroe County Commissioners decided to ban the craft from 11 shoreline areas from Key Largo to Key West. "This is really a landmark decision for local control and the recognition that personal watercraft are different in character and use and need to be regulated accordingly," San Juan County Commissioner Rhea Miller said. "It will have national significance. "I think the momentum in the national parks and in Florida has been gained from our experience here." Personal watercraft look like snowmobiles that travel on water. The water scooters carry up to three people, are propelled by a jet pump, and some models can travel as fast as 60 miles per hour. They're also more affordable than boats. The watercraft are generally referred to under the Kawasaki brand name Jet Ski. Other popular craft include the Sea-Doo, Polaris and Yamaha Wave Runner. Foes contend they disturb Orca whale pods and other marine life, and diminish the solitude that attracts kayakers, campers and hikers to the islands in the straits between Puget Sound and Vancouver Island. The commission's original two-year ban has expired, and a consultant is studying whether there's any place in the islands to set aside for personal watercraft. But commissioner Miller said all three commissioners support an outright ban, and she predicted a new-and-improved ordinance could be on the books in about a month. John Donaldson, executive director of the Personal Watercraft Industry Association, based in Washington, D.C., was disheartened to hear of Miller's comments. "They have a positive attitude about depriving people of recreational activity," Donaldson said. "There are always options available short of an outright prohibition." The industry, which estimates there are 1 million personal watercraft in use nationwide, is treating the situations in Washington, Florida and elsewhere as separate disputes, he said. In the Washington state court challenge, the industry argued the San Juan County prohibition went beyond state law and violated the constitutional "right to travel." In September 1996, Whatcom County Superior Court Judge Steven Mura sided with the industry and reopened island waters to the craft. The commission appealed to the high court. Lawyers for the personal watercraft industry contended the county ordinance banning the craft conflicted with state laws that provide for licensing and regulation of watercraft users. They said the county had the authority only to regulate use of wet bikes in terms of time, place and manner in which they operate. Writing for the majority, Justice Charles Johnson rejected the industry's claims. While he noted the ordinance governed activities more appropriate for general state legislation, Johnson said the state has no law regarding the use of personal watercraft. "The San Juan County ordinance cannot conflict with state laws that do not exist," Johnson wrote. "Further, the ordinance is consistent with the goals of statewide environmental protection statutes." He also concluded that the ordinance was a reasonable use of the county's police power. Justices Richard Sanders and Gerry Alexander dissented, saying San Juan County's local ordinance banning licensed watercraft from the state's marine waters violated the Washington Constitution. Sanders said the ordinance was too broad, conflicted with general laws of the state and exceeded police power. "Although the Legislature might well pass a statute banning personal watercraft on the waters of the state, it has not done so and it has not authorized counties to do so by ordinance," Alexander added in a separate dissent. Bill Cameron, owner of Skagit Powersports in Burlington, on the mainland just across from the islands, said the commissioners have spent a lot of time and money battling a non-issue. There might be a total of 20 water bikes around the 172-island area on a given summer day, he said. "I'm not sad about banning them in the county, because hardly anybody uses them out there. I'm sad that a couple of people (commissioners) can rob other people of so much freedom," Cameron said. "It's not going to affect me locally. But its certainly going to set a precedent for the rest of the world, which will eventually affect everybody. All it will do is make everybody more frustrated with the government." *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************Received on Fri Jul 10 1998 - 08:29:49 PDT
This archive was generated by hypermail 2.4.0 : Thu Aug 21 2025 - 16:29:58 PDT