| I remain concerned about regulating this specific craft and not the behavior of the people on the craft. This does not address the problem from a resource point of view. | |
| Tom Mark, Washington Department of Ecology |
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The Washington State Supreme Court recently upheld a county ban of jet skis in the San Juan Islands. The environmental impact of the waterjet-powered machines was one of the primary reasons the county sought the ban.
"The ban was appropriate here because San Juan County is unique environmentally," said Randy Gaylord, San Juan County prosecuting attorney. "The ruling could have a national impact because the court ruled the decision to ban jet skis was a matter of local control. There are common points in this case that could apply to every other state in the nation."
Tom Mark, senior policy analyst with the Washington Department of Ecology, said, "I remain concerned about regulating this specific craft and not the behavior of the people on the craft. This does not address the problem from a resource point of view."
San Juan County's legal battle over this issue started in February 1996 when the County Board of Commissioners imposed a two-year ban on personal watercraft. The ban prompted a lawsuit by the national Personal Watercraft Industry Association, which claimed the regulations would illegally keep riders out of public parks and navigable waters. The ban was struck down when it went to trial in October 1996, and the county appealed to the state Supreme Court.
The Supreme Court's 7 to 2 ruling was issued July 9, just two days after the National Park Service proposed rules that would ban personal watercraft, commonly known by the Kawasaki trademark "Jet Ski," from many parks nationwide.
Rhea Miller, a San Juan County commissioner, said she thought it was "an excellent ruling" by the Supreme Court that was supported by a consultant's report issued in September. While waiting on the Supreme Court's decision, the county hired a consultant to determine if there were any areas of the islands that would be compatible with personal watercraft use. "We were pleased to see our concerns validated," she said.
Mark agreed that "San Juan County certainly has a wealth of resources that need protection," but said he is afraid other communities will choose to pursue a jet-ski ban "as opposed to more subtle regulation because a ban is easier to enforce.
"In one way, this could put a burden on coastal managers to identify the environmental impacts for something that a community might desire for other reasons," Mark said. "I think you should have rules for vessels on where they can go and where they can't go. By just banning jet skis, you haven't addressed all the problems."
For more information on this issue see either the August/September edition of Coastal Services, which can be accessed on the Internet at /magazine/back_issues/augsep98/, or call Tom Mark at (360) 407-7285. Washington State Supreme Court decisions are listed on the Internet at http://www.wa.gov/courts/opinpage/home.htm.
