Brian House: Letter To The Editor

Letter to the Editor

During the 2013 Utah legislative session HB333, sponsored by Representative Menlove and Senator Hillyard, was passed by the Utah legislature.  HB333 was originally proposed to effectively close Bear Lake beaches or “sovereign lands” to ANY and ALL use by the public to protect Bear Lake from invasive species. In a last minute change, made in the last hour of the 2013 legislative session, HB333 was changed to allow “adjacent property owners to launch or retrieve a vessel from their adjacent property”.  Effectively HB 333 creates miles of uncontrolled launching along the shores of Bear Lake, with no enforcement, no regard to vehicle use, no regard for public safety, and no protection from potential invasive species contamination.  

Under HB333; the Utah DNR, through the Bear Lake Regional Commission, issued 75 private property launching permits, permitting 75 private launching sites on the Utah portion of Bear Lake.  No one knows what vessels were launched, where they were from, or how many vessels were launched. Friends, family, short term renters, and neighbors could launch under the issued launching permit without ever completing the Invasive Species Program.  An entire subdivision could use the issued launching permits without ever completing the required invasive species certification.  What exactly has been accomplished with HB333, and the associated closure of public lands?

If Bear Lake is a concern to our Utah legislature and our Utah DNR in regards to invasive species contamination; WHY has Rich County and the Bear Lake valley not had a resident DWR law enforcement officer for over 5 years? Bear Lake is managed as a trophy fishery, has 4 endemic fish species, has the annual Cisco run, but NO resident DWR officer.  Adjacent property owners can use Bear Lake sovereign lands for launching, the public can NOT.  If an adjacent private property owner can launch from their property; in reality what difference does it make if a boat launches down the beach 100 feet or 2 miles?  By law: ALL vessels launched in Utah are REQUIRED to comply with the Utah Invasive Species Program and have a daily or annual certification form on the vessel and visible in the launching vehicle.

The state of Utah, along with the Utah DNR should be growing the Bear Lake economy, as well as supporting recreation. The state of Utah, the Utah legislature and Utah Department of Natural Resources should be promoting Bear Lake, its fishery, AND our public lands, NOT closing them. The state of Utah and the Utah legislature need to come to the table, develop public launch sites on the west side of Bear Lake, and provide equitable enforcement of the invasive species program AND related sovereign lands regulations. The State Of Utah is spending MILIONS to eradicate invasive carp from Utah Lake, while little is being done at Bear Lake to prevent invasive species contamination or increase public recreational opportunities.

All of HB333 regulation ONLY applies to the Utah portion of Bear Lake; Idaho has NO additional beach launching regulations or beach closures on the Idaho portion of Bear Lake.  Idaho has an Invasive Species Program tied to Idaho vessel registration and a mandatory Road Side Inspection Program; in 2012 Idaho personnel inspected over 42,000 vessels from 43 states, finding 57 contaminated vessels. Idaho has NO additional regulations to protect Bear Lake. The reality is a vessel can launch at Lake Powell or Sand Hollow Reservoir, (both considered contaminated waters), and 10-12 hours later launch on the Utah portion of Bear Lake, following all of the rules of HB333.

The Utah legislature, including Representative Menlove, and Senator Hillyard; the Utah DNR, including the Division of Fire, Forestry and State Lands, Division of State Parks and Recreation, and the Division of Wildlife have ALL failed the citizens of Utah, Rich county and the recreational users of Bear Lake. HB 333 is wrong in so many ways; it fails to protect Bear Lake from invasive species, closes public lands to the public,  allows unregulated launching, stifles the local economy, fails to protect public safety, and provides NO enforcement of sovereign lands regulations. HB333 accomplishes nothing.

The Utah legislature needs to support equitable land management programs, create laws that are fair to ALL users, resident and non-resident, property owners and non-property owners.  HB 333 has created a program that is virtually impossible to enforce, and at the very least questionable in its legality by treating one public land user differently then another.

Brian House, Garden City resident.