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From: Dave Kruger <dkruger_at_pacifier.com>
subject: [Paddlewise] Waters Off Limits to PWC's: The Rationale?
Date: Wed, 06 Dec 2000 19:45:19 -0800
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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From: Ulli Hoeger <uhoeger_at_is.dal.ca>
subject: Re: [Paddlewise] Waters Off Limits to PWC's: The Rationale?
Date: Fri, 8 Dec 2000 12:40:21 -0400
Hi,

I am sure that most of us are well aware of the fact that also 
kayakers are under certain circumstances disturbing to wildlife. We 
don't spill oil and we are also not noisy.  
We had a discussion about whales and seals a few weeks ago.  
But not only these creatures are sometimes scared or disturbed by 
recreational of prof. boat traffic, including paddlers.
Last spring we had a number of talks about seabirds in one of the 
naturalist groups here in Halifax.  One was about terns.  A big 
issue here in Nova Scotia, since individuals and groups are very 
active and partly successful in rehabilitating and protecting tern 
nesting sites.  The talk was presented by a wildlife biologist.  After 
the talk in the discussion the question was asked how recreational 
water sport affects terns. First, everyone and everything getting to 
close to a tern nesting colony on a island is disturbing.  The bird 
leave their nests, and eggs and/or chicks become exposed to 
predation by gulls and other predators. Or if disturbance is to 
frequent the island is abandoned by the terns and the nesting 
colony is gone.
What is to close?  Depends, if terns circling you, you are way to 
close.  If the leave their nests and get airborne you are to close.  
The distance varies, and according to the biologist kayaks and 
canoes are more concerning for terns than powerboats or jet skies 
(measured by distances to colony triggering take off). A possible 
explanation was that the flashing of the paddle blades is the 
alarming signal for the terns.  Similar effects are likely to other 
nesting or resting birds (eider rafts, shorebird accumulations). I 
remember an article were a guy was chased by a loon because the 
white paddle blades were taken as a intruder to his territory.

I was positively surprised when I went to Mahone Bay last summer 
and found at the put in of the local outfitter large signs telling their 
customers and other paddlers using their dock about tern colonies 
in the Bay and asking people to keep a minimum distance of 200m 
from the nesting island during the nesting season (easy to identify 
for everyone by the lighthouse). That's the way to go, inform and 
educate people.  Telling them why they should or shouldn't do 
things is better than simply putting up bans.

cheers

Ulli

   
(All spelling errors are intentional and are there to show new 
and improved ways of spelling old words.)

Dr. Ulli Hoeger
Dept. Physiology and Biophysics
Dalhousie University
Halifax, B3H4H7, Nova Scotia
Canada

Phone I : 902-494-2673
Fax: 902-494-1685
Phone II :902-488-6796
http://is.dal.ca/~uhoeger

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