The harbor column

Terry Phillips

Anyway you slice it, committing a crime is wrong. Whether it’s stealing

candy or robbing a bank, different levels of punishment are administered

when caught.

However, there are times when the punishment is out of balance with the

crime. It’s supposed to come down to some kind of vindication or resolve

afforded victims of crime isn’t it?

We all know this is often not the case. We must first distinguish the

difference between the victim and the perpetrator, and this can be

difficult as it all depends on what side you choose to align yourself

with.

There are several residents of Newport Beach who are experiencing this

problem. Are they perpetrators, living daily with the premeditated

thought of harming others? Or are they victims being punished for

something they didn’t cause, create or deserve?

Gary and Cheryl Shepherd live on Newport Island. The question is, are

they perpetrators or victims?

They purchased their house because it has a boat dock to accommodate

their Skipjack-26. Their gangway extends approximately 10 feet from the bulkhead and sits atop their dock. Two pilings hold the dock in place

that is of course until there’s a low tide.

When the tide is low, their dock sits on top of sand, sludge, beer cans

and just about everything else that flows into our harbor as a result of

rain run off. As the dock bangs up and down on this buildup of sand at

low tide, the pilings and supports break under all the twisting.

However, there is a simple solution. All that is needed to resolve this

minor dilemma is to simply dredge the years of sludge buildup, a process

that would take approximately one-half hour.

So what’s the problem? The problem is you have to get a permit from the

California Coastal Commission. Because there is eelgrass growing under

the Shepherd’s dock, even if the commission granted them a permit to

dredge, they would have to agree to transplant the grass.

“OK, we’ll transplant the grass so give us the permit,” Shepherd said to

the commission.

It’s just not that easy, according to the Coastal Commission, as it also

requires environmental impact reports; marine life impact studies;

inspections; layouts and designs; underwater topography surveys; forms

filled out; permits; applications; postings; hearings; and of course, the

permit fee.

Folks, we’re talking about dredging sludge here! An area of approximately

20 feet by 3 feet and 1-foot deep -- smelly sludge, old diaper’s, tin

cans and other junk that flows into our pleasure pond. The Shepherds are

not killing dolphins, harpooning whales or dumping sewage into the bay;

they’re just tired of those costly repairs because of what’s been dropped

off in back of their house.

How would you feel if you came home and found 10 yards of dirt and crud

that someone else had dumped in front of your house? You start to remove

it and some bureaucrat says, “Oh no, you can’t remove it until we get a

fee and studies are completed.”

This is precisely what’s happening. I’m certainly not opposed to a

government agency overseeing an action that could cause harm to our

harbor. But the Shepherds are trying to clean it up -- not damage it!

Even after you file the appropriate applications, the commission is in no

hurry to review the issue. It takes weeks and months before the

application is even acknowledged.

* TERRANCE PHILLIPS is the Daily Pilot’s boating writer. You can leave a

message for him at (949) 642-6086 or via e-mail at [email protected]

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