County council holds public hearing on Drayton Harbor no shooting zone

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Whatcom County Council held a public hearing on October 8 regarding a proposed no shooting zone that the city of Blaine is seeking to establish in Drayton Harbor.

About 25 people addressed county councilmembers during the hearing, giving varying perspectives on the city of Blaine’s request to amend section 9.32 of the Whatcom County Code, which enables the creation of no shooting zones in the county. There are currently more than 20 no shooting zones in Whatcom County.

The city of Blaine is seeking the creation of a no shooting zone in Drayton Harbor in order to address some residents’ concerns about gunfire near homes and property. The gunfire occurs during the waterfowl hunting season, which typically starts in October and runs through late January. During the season, hunters on boats shoot at sea ducks using birdshot, which can be heard as early as sunrise by those who live near the harbor.

Blaine mayor Bonnie Onyon spoke first, stating that hunting is currently allowed in the county’s portion of Drayton Harbor but not in the city’s portion of the harbor. She said that it’s difficult to police situations where hunters wander into the city limits inadvertently. She noted that the Blaine police department has received repeated calls about waterfowl hunters, and said that a ban would be appropriate given the “populated zone of housing around the harbor which is affected both with the shooting and the possible injury as well as the noise.”

Blaine city councilmember Mary Lou Steward also spoke in favor of a ban, saying that she has worked on the issue for six years. “We’re dealing with water, and sound travels,” she said. “You have a circle of housing all around that area, so there is a considerable number of people there, plus guests at Semiahmoo Resort, who are affected by this shooting early in the mornings.”

Blaine city manager Michael Jones said that there is limited data on the number of complaints that the Blaine police department has received, because the city just switched to the What-Comm 911 dispatch service a year ago. However, he said that “this issue has come up again and again and again, year after year. The police do need to respond to determine is the person in [city limits] or is the person out, and spend time taking that action.”

Jennifer Plombon, a member of the Semiahmoo Resort Association’s board of directors, said that the board of her homeowners’ association supports the proposed ban on shooting in Drayton Harbor. “I live right above the harbor, and I’m nervous when I see [hunters] shooting in my direction because I don’t know how far out they are,” she said. She also expressed concern for the health of the eagle population in Semiahmoo.

Ryan Valentine, a law enforcement officer with the Washington Department of Fish and Wildlife, said that hunters use non-toxic ammunition, and that lead poisoning in eagles comes from unrelated sources. “In my 16 years, I have had maybe a handful of calls relating to hunting in Drayton Harbor, most of which are primarily noise-related,” he said. “None of the cases have been public safety in nature; they have been sound-related.”

Valentine said that he provides information to hunters about the rules, including maps showing where they need to be. He said that in order to hunt in Washington, hunters need to have proof that they have taken a hunter education course. He also said that most birdshot only travels 100 to 150 yards. “I’ve never had a verified complaint in my 16 years of a hunter hitting a home with pellets,” he said.

Some speakers focused on the noise created by waterfowl hunters, including one Semiahmoo resident, who said he moved to the area for peace and quiet. “You can go to Costco and buy a chicken for $4.50,” he said. “Why the heck get up at six in the morning when it’s cold and rainy and fire a shotgun?”

Other speakers suggested that Whatcom County cannot create a no shooting zone solely on the basis of the noise that hunters make, citing RCW 9.41.300(2)(a), which allows cities, towns and counties to restrict the discharge of firearms only “where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized.”

Several hunters spoke at the hearing, including members of the Washington Waterfowl Association, a nonprofit dedicated to waterfowl conservation, habitat improvement and hunting in the state. The hunters opposed the proposed shooting ban, saying there is no evidence of a threat to public health or safety, as well as no reports of broken windows or other property damage. Some also said that hunting is how they feed their families.

Other speakers were in favor of the ban, saying that Drayton Harbor is no longer a rural area; it is now used by many different people for enjoyment and recreation, and is becoming increasingly urbanized. They said that its growing population means the risk of an accident will only increase in the future. “It’s an interesting logic that somehow a tragic injury must happen before you would regulate or try to do something to prevent future injuries,” said Blaine city attorney Jon Sitkin.

A member of Lummi Nation spoke at the public hearing in opposition to the proposed ban, saying that the tribal community’s hunting rights would be infringed. “This no shooting ban is just for a no-noise zone,” he said. “Pretty soon it’s going to be illegal to honk your horn at a bicyclist.” A member of the Swinomish tribal community also spoke and opposed the proposed ban, saying that sea ducks are important to his community and have ceremonial uses.

In order to further discuss the impact on sovereign treaty rights and other issues, councilmembers voted unanimously to hold a committee meeting on Blaine’s proposal for a no shooting zone in Drayton Harbor. The matter will be revisited by Whatcom County Council in November.

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