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$30,000 whale watching consultant contract rescinded
posted 08/22/01
San Juan County Commissioners will not be paying environmental attorney Mark Spalding $30,000 to develop whale watching regulations. The decision to rescind the contract was made Tuesday, Aug. 21 after reviewing legal analysis from county Prosecutor Randy Gaylord. In his 14-page report Gaylord outlined several reasons the county lacks the power to enact regulations with the force of law regarding boats and whales.
Questions raised about
$30,000 whale consulting contract
posted 08/02/01
Members of the county's Marine Resource Committee called the commissioners' contract with an environmental lawyer "a giant waste of money" and "a major duplication of effort." During their Aug. 1 meeting, the committee reviewed the scope of work Mark Spalding is to perform for the county regarding whalewatching in the San Juans.
Dr. Richard Osborne, Research Director at The Whale Museum noted the scope of work had changed since earlier discussions. He said, "It looks to me that it has changed from looking at ordinances to creating a best practices brochure." Such a brochure already exists he said.
Osborn handed out copies of the Best Practices Marine Wildlife Watching brochure created this year through a group effort of Canadian and U.S. non-profit and governmental groups. Both the U.S. National Marine Fisheries Service and its Canadian counterpart, the Department of Fisheries and Oceans have endorsed the brochure. "This is an amazing accomplishment," said Osborn.
Referring to Spalding's $30,000 contract, MRC member Brian Calvert said, "I don't support it. This is a giant waste of money which could be put to a much better use."
"I regret there is apparently a major duplication of effort here," said committee member Dennis Willows, director of FH UW Labs..
County Planning Director and MRC member Laura Arnold explained the BOCC wants to provide a public process. The contract also includes consideration of a no-whale-watch zone.
MRC chair Jim Slocomb said the guidelines in the brochure and the local whalewatch association's guidelines are good, "but they don't look at the larger effort. They are building blocks that can be put together," he said.
Committee member Kevin Ranker supports the contract. He said, "The idea of international guidelines is not the point. We need county guidelines with international standing. There needs to be a public process."
Ranker said originally Spalding was to do legal research on possible ordinances. County Prosecutor Randy Gaylord's office is doing that research. " I was incredibly disappointed Gaylord stepped in," said Ranker.
In a phone interview Gaylord said the county cannot hire outside counsel without the prosecutor's consent. Christine Uri, a Boston College law student, has been working in the prosecutor's office researching the options the county has to enforce whalewatching regulations. "We're looking at the interplay between federal and state laws," Gaylord said. A written report will be delivered to the BOCC shortly. Gaylord outlined some of the legal issues in a speech in March.
According to Osborn, the brochure he handed out was presented in workshops in October and March in the county and local whalewatch operators are well aware of it. He tried three times in the past year to discuss the brochure at MRC meetings and it was tabled each time he said. (MRC minutes) "Let's have him (Spalding) do something that hasn't been done," Osborn said.
The MRC is an advisory committee for the BOCC. The committee was not being asked for advice on the contract yesterday. In May 2001, the MRC sent its recommendations concerning whalewatching regulations to the BOCC. Arnold was updating them on the process. After a lengthy discussion the MRC voted 5 to 4 to send a letter to the BOCC expressing concerns about the contract. The contract is not final yet, the prosecutor and the county auditor still need to sign off on it.
Scope of Work
--Voluntary Best Practices for
Whale Watching in San Juan County
Tasks1. The Consultant will research appropriate models for a Best Practices Guide and prepare a draft voluntary Best Practices Guide for whalewatching in San Juan County. This will be designed to apply to private, recreational vessels as well as commercial whale watch vessels, and will be coordinated with any similar efforts in British Columbia, Canada. Development of the guide will include consideration of designating a voluntary protected area for killer whales.
2. Consultant will conduct a multi-stakeholder meeting in San Juan County (approximately September 13 or 14, 2001) to present concepts and receive public input and concerns prior to drafting a detailed voluntary Best Practices Guide. The concept paper/presentations will be, in part, based on the outline created in the "Legal Aspects of Whale Watching" report, the M3 project, and the local whale watch association's guidelines, but with the intent for their clear expansion to non-commercial operators. A brief review of implementation approaches will be part of the concept paper/presentation at this meeting. As appropriate, the Consultant will meet also with Randall Gaylord and/or the MRC or a subcommittee.
3. Further research as necessary, based on the September public meeting, will be conducted and a detailed draft Best Practices Guide prepared and provided to the county in advance of a second public meeting in San Juan County, again with multiple stakeholders, to be held approximately October 4 or 5, 2001.As appropriate, the Consultant will meet also with Randall Gaylord and/or the MRC or a subcommittee.
4. The Consultant will then produce a final draft Best Practices Guide, an implementation plan, and any maps depicting a voluntary protected area for killer whales.
5. If funding is available the County will provide a facilitator for both stakeholder meeting; otherwise, the Consultant will facilitate these meetings.
Sharon Kivisto
and
Matt Pranger
can be reached:
phone:
360.378.3748
fax:
360.378.9748
by e-mail:
news@sanjuanislander.com
by mail:
San Juan Islander
PO Box 1118
Friday Harbor, WA 98250 USA