Working on a solution to protect the blue herons

It starts with voluntary action

by Mark Reaman

A public hearing drew a crowd on Thursday, September 27 as a working group seeks to determine the intensity of restrictions that could protect a unique rookery of blue herons located on the Upper Slate River north of Crested Butte.

The group of stakeholders had released a draft Slate River Floating Management Plan for the public to consider. It centered on education, signage, community river etiquette and a voluntary floating restriction on the upper river stretch from March 15 to June 15 “to protect the herons from disturbance during the early and sensitive nest initiation period.”

Most of the public at the meeting wanted more stringent measures put in place to protect the unique wildlife nesting area, from issuing permits for river floaters to closing that stretch of river. The working group said legal issues likely prevented the river being closed, especially with a put-in available above the rookery at the Oh Be Joyful campground that sits on federal Bureau of Land Management (BLM) property.

“The recent increase in river use from things like standup paddle boards, kayaks and tubers brought some anxiety to the community and a big reason was the blue heron rookery. It sits on Crested Butte Land Trust property and put the land trust under the spotlight,” explained Crested Butte Land Trust stewardship director Hedda Peterson. “That led to this working group.”

Peterson said sometimes the conservation values the land trust uses to evaluate property come into conflict. That appears to be the case here, with protecting wildlife and providing recreation.

Working group stakeholder and Wildbird Estates subdivision homeowner Tim Szurgot, who represented private property interests on the group, said as more people use that stretch of river there are more cases of trespassing, people using the wetlands as a bathroom, dogs chasing elk and people disturbing wildlife like the herons and moose.

“We are more concerned with the protection of wildlife than trespassing,” Szurgot assured the audience of approximately 50 people.

“The feedback we have received thus far on the draft plan is primarily on the rookery,” said Peterson. “The paddling community has also commented on wanting the group to not impinge too much on their right to float.”

Peterson said the intent of the working group was not to get into the legalities of floating regulations that involved a lot of “unsettled law” with the right to float.

“So a voluntary restriction period was the alternative,” Peterson said of the late spring/early summer “no-float” period proposed for that section of the Slate. She also said the group is recommending a “quiet zone” through the rookery area at all times and more maps, education, outreach and signage to help protect the birds.

Local guide Billy Ranking of the Eleven Experience said the commercial paddlers in the community understood the concerns being raised and were “part of the impact and trying to be part of the solution.” He said many new river users don’t understand how the river changes season to season with the implications of a low flow situation. Ideas to get the word out better were discussed.

Julie Nania of the High Country Conservation Advocates said, as a stakeholder, more information on numbers of people using that stretch of river and water flows were being compiled. She said this past summer the river activity on the upper Slate stopped on about June 20 due to low water levels.

Local paddler Tom Barry said that given its location and easy navigation, the Slate was considered a “very accessible” river. “There are a lot of responsible river users in this valley and I feel it is important to promote good river etiquette. I see people who may not know proper etiquette, so part of our job is to educate people on responsible river use. That goes a long way.”

Peterson said it is evident that commercial users in the valley promote responsible river use, so “to take them out of the equation would be detrimental.”

Crested Butte town planner Michael Yerman said the need for more infrastructure like toilets and educational signs were also part of the draft plan. He said the town might have access to grants to help pay for such infrastructure.

Western Colorado University professor Pat McGee said observations from this summer make it pretty clear that herons are sensitive to close human activity. The river happens to wind directly underneath the nests and when humans approach the area the adult birds “flush” and leave the nests and young herons unprotected. The draft report states that while Western Colorado University researchers support a floating restriction from March 15 to June 15 “due to the uniqueness of this rookery, they ultimately suggest that all activity be prohibited beneath the rookery for the full breeding season, March 15 to August 1.”

Crested Butte executive director Noel Durant said there was a need to gather more information in order to have a “firm platform” on what to expect throughout the floating season and then adjust the plan accordingly. “The goal is to reconvene this working group before the onset of every season,” he said.

Members of the public took their turns to share thoughts with the working group. “Everything seems to be addressing the symptoms as opposed to the root cause that we are being loved to death,” said Monica Ariowitsch. “I would like to see an effort toward permits and fees and do away with more monitoring. It is like climate change—we know it is happening and the river is being adversely impacted.”

Longtime river user George Reinhardt said it was clear human activity impacts the birds. “We may need more information but in the meantime I think we should be extremely prudent with use along that stretch of river and err on the side of caution,” he said.

“We need to speak for the birds,” added Tallie Morrison. “They need our protection. Once we lose them, we lose them and I don’t want that to happen. SUPs have other places to go but [the birds] don’t.”

Honeydew Murray said the herons presented an opportunity for both locals and tourists to appreciate nature. She said she sees people taking pictures of the herons from Slate River Road and seem to be awed by them. “Where is our capability as humans to be good neighbors?,” she asked.

Professional biologist and ecologist Bill Byle said more than enough studies prove the birds are sensitive to human activity. “Disturbing the birds is a violation of federal law,” he said. “This isn’t a situation you can compromise between ecology and jobs.”

John Hess said he has floated that part of the Slate many times but after hearing about the impacts he would no longer do so. “I support the August 1 date for restricting floating,” he said. “Only we can protect the birds.”

Boater Kestrel Kunz said the floating community appreciated the wildlife and environment so the need to help spread the word about proper river etiquette was important. “There should be a balance to protect the rookery and floating. Data from more than one summer is needed before coming to a conclusion.”

Nearby property owner Larry Tanning of Wildbird said that area is a wildlife transition zone and that is why the subdivision he lives in doesn’t allow vehicles. “After four decades of living out there to suddenly see hundreds of paddlers, some with beer and loud music, is hard. All the studies on blue herons are black-and-white when it comes to humans. They don’t mix well and it is a sight thing. I think this is heading toward a disaster. This species doesn’t coexist with humans, period.”

Ivy Walker noted the inherent conflict in talking about adding more infrastructure like toilets and signage, while at the same time trying to protect the heron rookery.

Tom Barry reiterated the uncertainty of complex law related to floating rivers in Colorado. “But I see an opportunity for the community to reach a compromise. It is a unique opportunity as a small community to reach a place both sides can appreciate.”

“This section of river is super special as a river and maybe it is not meant be floated until August 1,” added Keitha Kostyk.

Yerman reiterated the right to float laws were unsettled and the legal aspect of closing the river above the rookery was not easy, given the location of a put-in on BLM land. He said the BLM had no interest in restricting the public’s access to the river for recreation. “That makes it tough,” he said. “We don’t have control of one of the put-ins. We can ask the feds to change that,” he said. “But when we say we are looking at a voluntary restriction that is the reason.”

Yerman too emphasized the need for a community “river ethic.” The June 15 date to end the voluntary floating restriction was a compromise among stakeholders, he said. Yerman, like Hess, said he had floated that area many times but after learning of the impact on the herons he would no longer do so.

“The intent behind this is to find a community solution to a problem we all recognize,” said Durant. “To find a way to rally behind what makes this place special. We have barked up every tree looking for one.”

Rankin reminded the public that the working group process was put in place to restrict river use. “I’m a little torn on what the right answer is,” he said. “But without this process it would be wide open. If we don’t do something it will be a free-for-all next summer. We want something in place to address next summer. Keep in mind, the plan goes in a restrictive direction.”

Local guide Steve Banks suggested using a free permit system as is done with winter snowmobiles to provide an opportunity to educate river users.

Szurgot of Wildbird reassured the public he had gone to Steamboat Springs to see how a voluntary river floating restriction worked on the Yampa River. He said it was surprisingly successful.

Durant said the working group would reconvene on October 10 to discuss the public comments and come up with a final plan. The group is then scheduled to present that final plan to the Crested Butte Town Council at the October 15 council meeting.