Dead Ferries Walking

Today the late ferry runs were sentenced to die—but not for a year.

At 1:30 this afternoon Judge James Allendoerfer of Snohomish County Superior Court delivered a decision on the fate of the extended weekday ferry runs instituted a year ago by Skagit County Commissioners Ted Anderson and Don Munks. The judge took nearly an hour to read the facts of the case and the legal reasoning behind his thinking. Judge Allendoerfer did not stop the ferries now, but rather held the County to the wording they used in their resolution, that these extended runs would continue until June 2008 on a “trial basis.” The County must stop the weekday ferry runs at six p.m. after that deadline.

"Guemes Island is a quiet place. It has no industry or commerce, no hustle of traffic, no crime -- and no police. The air above it is pure and sweet, and the waters around it sparkling and clean. It lies at the eastern end of the San Juan archipelago -- one of a group of inordinately beautiful islands. Its southern shore running nearly parallel to the mainland about 1 mile south at Anacorates, forms the north shore of Guemes Channel, a deep water body capable of carrying the largest ships afloat. Framed by inviting beaches, highlighted with open fields and wooded uplands, this beautiful island affords the residents there a peaceful pastoral haven for their homes and several beach and park areas for public recreation.

When the Skagit County Commissioners, after years of intensive zoning study and planning, reserved Guemes Island for residential and recreational purposes only, they were simply recognizing what was universally accepted as the highest and best purposes for the use of the land."

- State Supreme Court, April 17, 1969

If Skagit County wants to permanently extend hours, full State Environmental Protection Act policies must be followed. In other words, SEPA rules will require more study of the effects of the late ferry induced growth on the island. It is a way of saying the County cannot simply declare the trial period over and print the extended schedule in stone tablets. Judge Allendoerfer was particularly concerned with the Guemes Island water supply, stating that the aquifer has not had significant study for over ten years, the last being the 1995 USGS ground water report for the island.

Referring to the poetic description (right) of rural Guemes in the landmark 1967 Washington State Supreme Court Decision that stopped an aluminum smelter from being built on the island, Judge Allendoerfer clearly understood that Guemes stands apart from the rest of the county. “It is an island population that has learned how to live without conveniences others feel necessary, “ Allendoerfer stated.

The Judge made his ruling under the assumption that the County will want to continue the extended run trial for another full year. He did not discuss the possibility that these later weekday runs may be dropped earlier by the County for cost reasons, although he allowed costs to be a consideration in the evaluation period.

FGI President Gary Davis was content with the ruling, saying “for the first time Skagit County is being required to connect ferry service expansion with state environmental laws, and now they must evaluate the environmental effects of growth induced by commuter ferries. This is a reality the County has denied for years.”

- Commentary by Tim Rosenhan, [6.15.7]

In previous episodes

Report prepared for June 7 hearing in Superior Court:

Land Use Impacts of the Guemes Island Ferry Schedule Extension [424kb PDF]

Skagit County's Filings:

DNS [252kb PDF] • DNS Addendum [384kb PDF]

Environmental Checklist [2.4mb PDF] • Environmental Checklist Addendum [3.4mb PDF]