TRPA appeals pier construction ruling

The Tahoe Regional Planning Agency has said it will appeal a federal judge's ruling that struck down rules guiding new pier construction and other shoreline activity on Lake Tahoe.

The agency hopes to overturn a September decision by U.S. District Court Judge Lawrence K. Karlton that found TRPA failed to ensure protection of the lake's environment with new regulations on shoreline development, according to the Reno Gazette-Journal.

"We feel there is substantial case law that supports the analysis TRPA used" in preparing the regulations, said Nicole Rinke, the agency's general counsel. "The amendments were the result of a 20-plus-year stakeholder process and represent a reasonable approach to regulation of the shoreline."

While the appeal is pending, a freeze will remain in effect on new piers, buoys and moorings around the Tahoe Basin. After Jan. 17, TRPA will begin accepting applications for shore zone projects under rules in effect before the October 2008 adoption of the regulations now being litigated.

The League to Save Lake Tahoe and the Sierra Club sued over those regulations, which would have allowed 138 new piers, 1,862 new buoys and six new boat ramps.

Wendy Park, an Earthjustice attorney representing the two environmental groups, described Karlton's ruling at the time as a "very significant ruling for Lake Tahoe."

The new shoreline facilities, Park said, would have caused additional boating pollution and further diminished clarity of the landmark alpine lake.

TRPA places hiatus on shorezone applications

The bistate Tahoe Regional Planning Agency has imposed a 90-day operational hiatus on applications relating to buoys, piers and boat ramps. The decision came on Sept. 22, less than a week after a federal judge ordered the TRPA to reconsider proposed shorezone amendments.

“The hiatus will allow staff to sort out the legal and operational implications of the court ruling,” TRPA spokeswoman Julie Regan told the Sierra Sun.

The 90-day hiatus — enacted at the Sept. 22 governing board meeting at the North Tahoe Event Center in Kings Beach — means lakefront property owners cannot file applications to bring existing buoys into conformance with the agency's proposed ordinance updates on October 2008.

On Thursday, Sept. 16, U.S. District Court Senior Judge Lawrence Karlton ruled in favor of the League to Save Lake Tahoe and the Tahoe Sierra Club in a challenge to the amendments, which would have allowed the placement of 1,862 new mooring buoys and construction of 128 private piers, 10 public piers, six new boat ramps and 235 boat slips on Lake Tahoe.

The conservation groups filed a lawsuit challenging the amendments in November 2008, a month after TRPA governing board approval of the amendments.

In the 66-page ruling, Karlton found several provisions in the approved amendments were “arbitrary and capricious.” The judge also found the shorezone amendments would be ineffective in achieving many of the agency's environmental goals, known as “thresholds.”

Governing board member Mara Bresnick said the direction board gave to staff, following six hours of closed session deliberation on Sept. 22, has two components.

“The internal staff will begin evaluating the ramifications of the court ruling on operations,” she said. “The other component is the legal side, where the legal committee and the legal team will consider the legal options available to the agency.”

Those options include an appeal of Karlton's order, or a motion to amend or clarify the order, Bresnick said. TRPA will have 30 days from Sept. 16 — the date the ruling was issued — to file an appeal, according to Jill Rozier with TRPA's legal team.

Tahoe Lakefront Owners Association Executive Director Jan Brisco — who represents homeowners attempting to place mooring buoys in the lake near their properties — said the hiatus is unsurprising.

“The TRPA has given themselves a cushion of time sufficient for analyzing all the available options,” Brisco said. “As one of the largest stakeholders in this matter, we will be there every step of the way and offer any help we can.”

TRPA fines boater $5,000

A Los Angeles resident was fined $5,000 by the Tahoe Regional Planning Agency on Aug. 25 for evading Lake Tahoe boat inspectors in late-June, according to news reports.

In a unanimous decision, TRPA’s legal committee agreed to the fine and recommended that Mark Kanev of Los Angeles make a public apology for purposefully evading inspectors after his vessel was recommended for decontamination.

Tahoe Regional Planning Agency officials reported that Kanew tried to launch his vessel on June 28 at Cave Rock. Inspectors turned him away after he told inspectors that the boat had been in southern Utah's quagga-mussel-infested Sand Hollow Reservoir. After finding water in the boat, inspectors ordered a full decontamination scheduled for July 1.

Inspectors later learned that Kanew took the vessel to the Meyers inspection station on June 28 and gave different information about the boat's origin. Kanev then launched his boat at Meeks Bay. TRPA officials found the vessel moored in Rubicon Bay on July 1 and had it removed from Lake Tahoe.

The TRPA reported that the water in Meeks Bay Marina and the area the boat had been moored was tested for quagga and zebra mussel DNA. The tests indicated that no quagga or zebra mussels were present. The boater is the first to be sanctioned by the Tahoe Regional Planning Agency.

Roadside inspections to close

The Tahoe Regional Planning Agency will close two of its roadside boat inspection stations in early to mid-September, according to community liaison Jeff Cowen. Roadside inspection and decontamination stations are been operating throughout the summer with four stations at Spooner Summit, Northstar, Alpine Meadows and Meyers.

The stations were set up for the mandatory inspections of quagga and zebra mussels for all vessels into Lake Tahoe. The invasive quagga and zebra species are miniscule, but can wreak havoc on the Lake if they are introduced. These mussels, which are hitching rides on boats and trailers and in ballast tanks, bladders and live wells, are spreading across the West. Quagga and zebra mussels will spread rapidly once they are introduced to a lake and will gorge on the food supply, kill fish and pollute the clarity of the lake.

The Spooner Summit station on Highway 50 will operate until Sept. 7, with the Alpine Meadows Road station off Highway 89 closing Sept. 15. Roadside stations at Northstar and in Meyers will operate until Sept. 30. The stations are open daily from 6 a.m. to 8 p.m.

However, mandatory inspections will continue through the winter at all open launch sites. The addition of roadside inspection stations to the Lake Tahoe AIS Program have been funded by the U.S. Fish and Wildlife Service. For details on the mandatory boat inspections, visit www.protecttahoe.org or call (888) 824-6267.

TRPA boat inspections

The brilliant blue waters with amazing clarity are what draw boaters, kayakers and other water enthusiasts to Lake Tahoe. But, it takes all of use to keep these beautiful waters safe from invasive species.

Hence, the TRPA’s mandatory inspections of quagga and zebra mussels for all vessels – including kayaks – into the Lake. This year, the inspection program has been combined with the Blue Boating certification program. Kayakers aren’t required to have Blue Boating certification.

The invasive quagga and zebra species are miniscule, but can wreak havoc on the Lake if they are introduced. These mussels, which are hitching rides on boats and trailers and in ballast tanks, bladders and live wells, are spreading across the West. Quagga and zebra mussels will spread rapidly once they are introduced to a lake and will gorge on the food supply, kill fish and pollute the clarity of the lake. They also will clog cooling system water intakes, causing motors to overheat.

TRPA charges a single annual fee for the invasive species inspections and Blue Boating certification, which are available at all launch sites. TRPA also will be offering four roadside inspection stations opening Memorial Day weekend: Alpine Meadow Ski Resort; Northstar-at-Tahoe in the Castle Peak parking lot; 2128 Keetak St. in Meyers at the intersection of Highways 89 and 50; and Spooner Summit at the intersections of Highways 28 and 50 (boats less than 26’ only). The stations are open daily from 6 a.m. to 8 p.m. throughout the summer.

TRPA offers a sticker for Tahoe-only vessels and one for vessels that use other waters during the year – the Tahoe In & Out Sticker. These fees are based on engine horsepower.

The Tahoe Only sticker ranges from $20 for a vessel with 1 to 100 horsepower up to $60 for more than 1,001 horsepower.

The Tahoe In & Out sticker has a fee system based on vessel length or type (including personal watercraft) for the invasive species inspection and on horsepower. For example, a 16’ to 25’ boat with 1 to 100 horsepower would pay $55, while the same size boat with 501 to 1,000 horsepower would be $85. The complete fee structures are available online. The fee includes unlimited invasive species inspections for the year. As well, a three-day pass is available for a flat $20 discount.

It’s a lot of information to digest, so I’ll devote a separate column later in the season to the Blue Boating program and the need for such inspections. In the meantime, call the TRPA hotline at (888) 824-6267 or visit www.protecttahoe.org.

TRPA buoy deadline Oct. 15

Lake Tahoe, CA/NV – Orange notice tags will begin showing up on buoys around Lake Tahoe over the next four weeks as part of an effort by the Tahoe Regional Planning Agency (TRPA) to get the word out that a permitting and registration deadline is approaching for all Lake Tahoe moorings such as buoys and boatlifts.

TRPA’s Watercraft Enforcement Team started attaching the notices to buoys and other moorings such as boatlifts and boathouses this week. Buoy and mooring owners have until October 15 to begin the permitting and registration process, required under the Agency’s shorezone ordinances.

The permitting and registration program will help fund much-needed enforcement on the Lake to address the proliferation of unauthorized buoys in Tahoe. The Agency’s rules on boat mooring were updated in December of 2008 in part to create an effective, locally operated buoy enforcement program.

An October 15 deadline has been set for mooring owners to begin the process. Those who fail to meet the deadline risk penalties that could include buoy removal. The orange tags now being attached to buoys are a follow-up notification to buoy owners of the October 15 deadline. Two notifications were mailed to lakefront property owners, one last November and one this July.

“We are here to help walk buoy owners through the process and customers who contact us have been impressed with what we are doing to assist them,” TRPA Community Liaison Jeff Cowen said.

The buoy permit application process was modified in July removing the need in most cases for site surveying. Additionally, permitting and registration may be completed over-the-counter and applicants with minimum requirements are usually issued TRPA registration tags the same day. Latitude and longitude coordinates for buoys are one requirement of the application which TRPA customer service staff can help property owners gather.

“Most important right now is for buoy owners to not delay or ignore the notice,” Cowen said. “What we don’t want is for legitimate buoy owners to potentially lose their moorings because they didn’t meet the deadline.”

There are approximately 4,400 mooring buoys in Lake Tahoe and, until this year, administering them has been a challenge for TRPA as well as state and federal agencies with permitting authority over buoys. New registration and mitigation fees for buoys will help fund the watercraft enforcement program, buoy enforcement as well as scientific monitoring programs.

Owners of buoys and other moorings such as boatlifts and boathouses can access electronic forms at www.trpa.org and may submit the appropriate forms by mail or in person at the TRPA office at 128 Market Street in Stateline, NV.

The Tahoe Regional Planning Agency cooperatively leads the effort to preserve, restore, and enhance the unique natural and human environment of the Lake Tahoe Region now and in the future. For additional information, call Dennis Oliver at (775) 589-5235 or email todoliver@trpa.org.

Court Ruling Allows Shorezone Permitting to Continue

Judge Issues Injunction Decision


Contact: Julie Regan, TRPA Communications and Legislative Affairs Chief, (775) 589-5237

For Release Immediately September 18, 2009

Lake Tahoe, CA/NV - Pier and buoy permitting at Lake Tahoe will be allowed to continue under a federal court ruling made in the legal dispute over TRPA's shorezone program.

A federal judge agreed with the Tahoe Regional Planning Agency's legal brief in response to litigation filed by the League to Save Lake Tahoe and the Sierra Club to allow buoy and pier permitting to continue while the lawsuit moves through legal channels, according to Nicole Rinke, TRPA's General Counsel.

"TRPA successfully made the case to continue the permitting process for buoys and piers to further our goal to improve how boating activities are regulated on Lake Tahoe," Rinke said. "While no construction of new piers or buoys is allowed until after the lawsuit is sorted out by the courts, TRPA will continue moving forward to carry out the new shorezone plan and is optimistic the courts will agree with our approach when the lawsuit is resolved."

After a 22-year debate of how best to manage development in Lake Tahoe's shorezone, the TRPA adopted new policies and ordinances in October 2008, which have since been challenged by environmental organizations. The plaintiffs argued for an injunction on all permitting of new buoys and piers but the court did not grant the full injunction. The merits of the entire lawsuit are being evaluated by the courts.

"It's crucial for the public to understand that the new shorezone regulations set development caps on new buoys and piers and establishes mitigation measures, making the new rules more protective than previous ordinances," Rinke said. "There are already nearly 800 piers and approximately 4,500 buoys on the lake today. With our new shorezone program we can better manage boating activities and protect water quality at Lake Tahoe from environmental threats including invasive species."

The Tahoe Regional Planning Agency cooperatively leads the effort to preserve, restore, and enhance the unique natural and human environment of the Lake Tahoe Region now and in the future. For additional information, email jregan@trpa.org<mailto:jregan@trpa.org>.

###

Jeff Cowen
Community Liaison
(775) 589-5278

Marine news tidbits

I’ve had a lot of interesting, marine-related news items come across my desk recently. As the pile gets higher, I thought it would be good time to share some of these items with the marine community.

Boat Camp open

The Emerald Bay Boat Camp reopened a few weeks ago after being closed while work was being done of the pier. The camp is located on the north side of Emerald Bay and offers 21 campsites with buoys available. Camping is on a first-come, first-served basis. You cannot tie-up on the pier, and buoys are limited to vessels 30’ in length. As well, you can bring dogs to your campsite, but they are not allowed on any of the surrounding lands, which are part of the Emerald Bay State Park. For more information, call (530) 541-3030.

Sand Harbor boat launch closed

Lake Tahoe’s water level forced the recent closure of the boat ramp at Sand Harbor State Park, marking the third such closure this season. The Tahoe Vista and Kings Beach boat ramps have been closed since early spring.

Kayakers and non-motorized vessels may still launch at Sand Harbor and TRPA inspections for quagga and zebra mussels will continue there.

The closure of Sand Harbor will mean longer lines at the remaining ramps. Cave Rock is now the only East Shore ramp still open, with Lake Forest outside Tahoe City the only ramp open on the North Shore. West Shore and South Shore boat launches remain open, and marinas around the lake continue to offer launching services. For more information, see the Marinas chart on the facing page.

Roadside inspections

The TRPA is currently reviewing a proposal to open 24-hour boat inspection stations along the highways leading into the Lake Tahoe Basin to stop the potential spread of quagga and zebra mussels. The proposal is being considered after reports of boaters skirting the inspections now conducted at boat ramps and marinas. The proposed stations would be along U.S. 50 in California and Nevada and Highways 431, 207, 89 and 267.

Another proposal being considered would be to have two or three centralized locations for boat inspections in place for summer 2010 instead of the inspections now done at dozens of locations around Lake Tahoe. The board is expected to consider staff reports on these proposals this month.

Vessel Safety Checks

The U.S. Coast Guard Auxiliary continues to offer free vessel safety checks and will even come to you for a check. The Auxiliary has reported a more than 500 percent increase in checks on Lake Tahoe and Donner Lake this season. There is no reporting of their findings to any agency, and those passing the inspection will receive a decal noting that all required safety equipment is on board.

Mandatory equipment on motorized vessels less than 26 feet in length require the following safety items onboard: visual distress signal device (like a ski flag); a sound-producing device (whistle, horn, bell, etc); fire extinguisher; properly fitting Personal Flotation Device (PFD/life jacket) for all passengers and operators; a readily accessible throwable Type IV cushion (not stowed); working ventilation system (inboard or I/O engines); and working navigation lights. Mandatory equipment for kayaks and canoes are a properly fitting PFD with a whistle attached to the PFD.
If the Coast Guard or one of the law enforcement agencies finds a vessel does not have the required safety equipment, fines may range from hundreds to a few thousands dollars. To make an appointment for your free Vessel Safety Check, call Joe Harris at (650) 279-9159. Checks can be performed at your residence, boat ramp or other North Lake Tahoe location.

Protecting Tahoe from invasive species

Quagga and zebra mussels, invasive species that are miniscule in size, are at the center of the latest battle to protect Lake Tahoe.

These mussels, which are hitching rides on boats and trailers and in ballast tanks, bladders and live wells, are spreading across the West. Quagga and zebra mussels will spread rapidly once they are introduced to a lake and will gorge on the food supply, kill fish and pollute the clarity of the lake. They also will clog cooling system water intakes, causing motors to overheat. As well, they have been found in pipes in municipal water systems.

The mussels can also be found on kayaks, water toys, wetsuits and any equipment exposed to infected waters.

Young quagga mussels will feel like sandpaper to the touch, while adults usually have dark concentric rings on the shell. The mussels can grow up to 1.6”, making the young mussels hard to spot. Full grown mussels are usually smaller than a quarter.

In its latest battle to protect the lake, TRPA (Tahoe Regional Planning Agency) has instituted a mandatory inspection of all boats launched in Lake Tahoe. The inspections were offered free until a fee system went into effect on June 1. TRPA says the fees will cover their costs formerly paid for through a grant that has run out of funds.

Infected waters

Quagga mussels were discovered in Lake Mead in January 2007, and since then have been confirmed at lakes south of Lake Tahoe. Quagga and zebra mussels have been confirmed in waters of the Colorado River Drainage, Lake Mohave, Lake Havasu in California and Arizona, and the San Justo Reservoir in San Benito County.

Inspectors decontaminated six vessels in the Lake Tahoe area over Memorial Day weekend. One vessel was found to have quagga mussels, while the other five came from waters where mussels have been discovered.

Vessel fees

TRPA is charging inspection fees for all motorized vessels at public launches and area marinas. These fees are in addition to any launch fees levied at ramps and marinas.

Vessels that have an inspection fee intact when launched the next time will not have to pay a fee. The fees are:

·      Non-motorized vessels & vessels with intact inspection seal – No charge

·      Vessels up to 16’ - $10

·      Vessels over 16’ & up to 25’ - $30

·      Vessels over 25’ & up to 39’ - $40

·      Vessels over 39’ - $60

·      Vessels with ballast tanks, bladders & live wells - $10 additional

A 10-inspection discount card is available for boats that frequently launch at lakes that do not offer inspections or decontamination. The 25 percent discount cards are only available at the TRPA office in Stateline, Nev.

Preventing infestation

To prevent vessels from being infested, TRPA recommends these steps:

·      Clean, drain and dry all equipment with every trip

·      Wash watercraft and trailers with a high pressure hose at 140 degrees

·      Learn how to inspect watercraft for mussels

·      Let boats dry out for 28 days prior to transporting to other waters

·      Wash fishing equipment, water toys, wetsuits and flotation devices in a diluted bleach solution prior to use in other waters

For more information, call the TRPA hotline at (888) 824-6267, visit www.protecttahoe.org, follow http://twitter.com/tahoeaquatic or text “Follow tahoeaquatic” to 40404.

 

TRPA inspection fees start June 1

Boaters launching at Lake Tahoe will have to pay a fee to help fund an inspection program aimed at preventing the introduction of aquatic invasive species such as the quagga and zebra mussel beginning on June 1.

Boaters can have their vessels inspected at certain locations free of charge through the end of May; boats that stay in Tahoe need only be inspected once if an inspection seal is kept intact.

When a vessel comes out of the Lake, an inspection seal will be attached to boats so that they do not have to be inspected or pay a fee again as long as the boat returns with the seal intact. For more information, call the TRPA hotline at (888) 824-6267 or visit www.protecttahoe.org.

Vessel fees
Non-motorized vessels & vessels with intact inspection seal – No charge
Vessels up to 16’ - $10
Vessels over 16’ & up to 25’ - $30
Vessels over 25’ & up to 39’ - $40
Vessels over 39’ - $60
Vessels with ballast tanks, bladders & live wells - $10 additional

TRPA invasive species

Stay away from shoreline

A regulation from the Tahoe Regional Planning Agency (www.trpa.org) that many boat operators aren’t aware of is that they must stay at least 600’ from the shoreline and go no more than 5 mph within 600’ of the shoreline or in buoy fields. This also applies for personal watercraft and other motorized craft.

The law is designed to provide kayakers, swimmers and others in non-motorized craft a safe area to enjoy the lake and to protect shoreline erosion from excessive wakes.

Jay Schmidt of the U.S. Coast Guard Auxiliary says that many people don’t recognize the law, but will see more enforcement this summer.

While there is no speed limit on Lake Tahoe, the 5 mph speed is enforcement in buoy fields/marinas and within 600’ of shoreline.

As well, boaters must obey any posted speed limits (on buoys) in other areas, such as the 5 mph limit in Emerald Bay.