[Paddlewise] Waters Off Limits to PWC's: The Rationale?

There is a remote lagoon over near the Washington side, formed by a large arc
of dredge spoils, that the U.S. Fish and Wildlife Service has posted as "off
limits" to entry.  

Off limits ... to me in my paddle craft, to a person on a PWC, to a deck hand
on a tug boat, to an able-bodied seaman on a freighter, to a duck hunter in a
skiff.  Everybody.

The lagoon is a unique environment on the Columbia River.  It is sheltered,
shallow, sometimes even warm in winter when gales howl around it.  It is headed
by a stand of cottonwoods, usually adorned with a handful of eagles, eying the
abundant waterfowl in the lagoon.  The waterfowl are resting, usually, but
sometimes feeding on vegetation.  They are a sight to see.

I paddled through there twice.  Scared hell out of the birds.  Did not matter
that I wasn't noisy or polluting.  Just scared the hell out of the birds.

There is a solid rationale for this sanctuary.  The birds are enroute
somewhere, and need a quiet place to rest and recuperate.  We are out of place
there.

Heard the posting as "off limits" is probably not supportable in a court of
law -- because the Columbia is a "navigable waterway," and maritime rights have
greater standing in our courts than the "rights" of waterfowl to peace and
quiet. 

That's why I paddled through there the first time, because I had the "right" to
do it, and I wanted to see the birds.  The second time I did it because I
wanted to see the birds again.  But, I can't make myself paddle through there
any more ... because I scare hell out of the birds.

Sometimes a PWC, running hot across my bow, scares hell out of me, but that's
probably not enough to justify banning the damn things from my home waters.  I
agree with those who say we need to be careful in how we push for "regulation"
of any craft.  

IIRC, the ban on launching PWC's from ramps in the San Juans (Puget Sound, WA)
eventually survived legal challenges.  Anybody know what the legal grounds were
for the ban?  The waters around the San Juans are "navigable," and I wonder
what legal rationale might have been strong enough to keep them from being
launched.

Note:  I'm not sure their operation on the water is banned.  Could be it is
only the launching from the shores of the islands that is banned ... hmmm ...
might that happen to us, if we become annoying enough to folks in the San
Juans?

-- 
Dave Kruger
Astoria, OR

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