http://www.theworldlink.com:80/articles/2007/02/17/news/news01021707.txt
Land ownership
squabble closes hatcheries
By Carl Mickelson
February
17, 2007 Coos County,
theworldlink.com
|
The Morgan Creek Hatchery on
the Coos River will be closed
until further notice. Land
owners won’t allow STEP
volunteers to access the
property because of a dispute
— curtailing salmon releases
for the year. World Photos by
Madeline Steege
|
COOS BAY - The
release of more than 1.3 million
Chinook salmon once destined to
feed the booming local
sportfishing industry remains
questionable this year due to
landowner disputes that shut down
two local hatcheries.
The dispute at Daniel's Creek is
the latest in a series of setbacks
that's caused its frustrated
caretaker, the burly 68-year-old
Larry Cruthers, to destroy his
labor of love for the last 16
years.
About two weeks ago, Cruthers
dismantled the guts of the
Daniel's Creek hatchery, which has
helped feed more than 20 million
Chinook into the waters of Coos
Bay and beyond.
Several rolling ravines away at
the Morgan Creek fish hatchery, a
separate dispute, that ignited
nearly two years ago, has silenced
that existing hatchery for the
time being, causing volunteers
there to pin future salmon release
hopes on a yet-to-be-completed
million dollar hatchery embroiled
in legal wranglings.
Both acts have sent Oregon
Department of Fish & Wildlife
officials scrambling to find new
homes for the immature Chinook,
which account for more than
one-third of the salmon output
scheduled to be released later
this year. The hatchery-raised
fish bolster populations in not
only the Coos Bay estuary, but for
commercial salmon fishing fleets
as well.
An uphill battle
“There's no
more. It's gone forever,” said
Cruthers, the man who's spent the
last 16 years of his life coddling
fish at Daniel's Creek.
After 20 years of traveling freely
to the hatchery via an access
road, a nearby landowner, David
Schmidt, has refused to allow
Salmon Trout Enhancement Program
volunteers to continue using it. A
segment of the road crosses onto
Schmidt's property. Schmidt
declined to be interviewed for
this story but ODF&W officials
said in earlier talks with him,
Schmidt expressed liability
concerns about someone being
injured on his stretch of the
roadway.
To get to the property now,
volunteers must build a bridge
across Daniel's Creek, an
undertaking that Coos River STEP
leaders say isn't going to happen.
For years, no one lived on the
land now inhabited by Schmidt.
Cruthers said he has a state
permit allowing STEP to take water
from a pond on Schmidt's property,
critical to the hatchery
operation. But Schmidt, who lives
just up the hill from the
hatchery, put the brakes on that
as well, said ODF&W District
Manager Mike Gray.
The action,
which boiled over last November,
was the last straw for Cruthers.
Rather than fight it, Cruthers,
with the blessing of Coos River
STEP president Harold Brown,
decided to call it quits.
Gray informed Coos River STEP
volunteers this week that he
attempted to broker a deal last
fall between Schmidt and Cruthers,
but the landowners' discussion
quickly spiraled into legal
threats, causing senior state
officials to advise Gray to back
away from the private land beef.
“We were not in a position to get
in the middle of that,” Gray said.
In retrospect, Brown said, while
he still stands by Cruthers'
actions, he wished both Cruthers
and Schmidt, who for a short time
donated the service of his backhoe
and money to Coos River STEP,
could have handled the situation
differently.
Over the last two years, Cruthers
said, he's encountered numerous
obstacles to his dream of reaching
a goal of releasing 30 million
fish. In 2005, ODF&W triggered an
investigation by Oregon State
Police wildlife authorities,
alleging Cruthers and another STEP
member violated fish laws. While
the charges were eventually
dismissed by the Coos County
District Attorney's Office, many
of the 190 members in Coos River
STEP felt betrayed.
“I'm tired of fighting, even if I
did start the hatchery,” Cruthers
said. “This has been a big mess.
Enough. Enough of this.”
Cruthers said his motive to take
apart the hatchery was simple:
anger.
“Mad. M-A-D,” he said, noting a
straw poll of Coos River STEP
members last month did not shake
out anyone willing to spend four
to five months a year living in a
trailer at the hatchery like he
does.
What Gray dubbed an emergency
situation at the two hatcheries
has left ODF&W searching for
alternate STEP facilities to rear,
incubate and acclimatize the fish.
While some “homes” have been
found, officials still are working
to solidify venues to care for the
fish at the different stages of
their life cycle, until their
release.
“It's not totally resolved yet,”
Gray said. “It's kind of an
emergency or interim scenario on
how to rear those and how to
acclimate them. We're still going
to try to get the same numbers
out.”
The department hopes to release
2.2 million salmon into the Coos
Basin this year, he said. Now, the
salmon once scheduled for the
Daniel's Creek hatchery - hundreds
of thousands of them are for Noble
Creek - are sitting in impromptu
hatch boxes in the Noble Creek
parking lot.
While the increase will be a
hardship, Brown said he believes
STEP can handle it for now.
Roadblock at Morgan Creek
Problems abound for the salmon
scheduled to be released this year
from the Morgan Creek hatchery as
well.
The existing hatchery, consisting
of a spawning building, office,
storage areas and a 100-foot-long
raceway resides on property owned
by Than and Nicole Examilotis.
They've allowed volunteers from
the Southwest Oregon Chapter of
the Northwest Steelheaders to use
the hatchery in the past.
But no longer.
They've locked the Steelheaders,
and newly formed Coos County STEP
Commission volunteers out. Without
access to the hatchery, the
645,000 salmon to be released from
Morgan Creek remain in greater
doubt than at Daniels Creek.
The Examilotis' and other nearby
landowners are opposed to the
Steelheaders' purchase of 40 acres
of nearby property, where a new
building with a classroom and a
salmon raceway is being
constructed.
While the trouble at Daniel's
Creek never flowed into a
courtroom, the troubles at Morgan
Creek have.
Early last year, Coos County
Planning Department Director Patty
Everenden approved the new
development at Morgan Creek,
deeming it a permitted use that
did not require notification be
sent out to neighbors. But the
neighbors say they should have got
a say in the deal. They hired Dan
Stotter, a Eugene attorney to
appeal the county decision. The
matter is pending before the state
Land Use Board of Appeals. During
an interview earlier this week,
Stotter said the Examilotis' have
a signed agreement with ODF&W
stating the parties must agree to
expansion at the hatchery.
“Any expansion requires my
clients' consent,” Stotter said.
“My clients do not consent,”
noting it looks as if the matter
is headed to a civil suit.
Furthermore, many of the neighbors
have written to the Oregon
Department of State Lands
indicating their opposition to the
new hatchery project, focusing on
concerns over increased traffic,
the stink that emanates from
hatcheries and potential adverse
impacts to local water levels.
“They don't want people going in
there anymore,” Gray said. “It's a
different situation (compared to
Daniel's Creek) but the same
result as far as needing a place
to rear fish and to bring them
back to be acclimated.”
He said he hopes the matter will
be ironed out so the salmon
project can be resurrected next
year.
“It remains to be seen whether
that timeline is feasible or not,”
Gray said. “I don't know how long
it will take.” |