DATE: Sunday, November 16, 1997             TAG: 9711160059

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY TONI GUAGENTI, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   92 lines

BEACH REJECTS RESORT DOCKS, FEARING WATERCRAFT IMPACT ON BACK BAY WILDLIFE REFUGE IS THE WORRY, BUT THAT'S NOT UNANIMOUS.

John Stasko's delighted about the bald eagles that have called Back Bay National Wildlife Refuge home for the past three years.

And, as refuge manager, he's thrilled that some of the shallow-water vegetation that disappeared in spots years ago is rising up healthily again.

Another growing presence, however, has him worried: personal watercraft on the 7,732-acre estuary.

All three trends, he says, can't peacefully co-exist. That's why he and others want to head off any environmental problems that personal watercraft - commonly referred to by the trade name Jet Ski - may cause before any harm is done to the federally protected land.

Two months ago, the National Park Service called for an emergency rule banning personal watercraft - which are propeller-less boats - from all national parks, lake shores and recreation areas. The edict didn't affect Back Bay because the refuge is part of the U.S. Fish and Wildlife Service, which is separate from the park service.

The impact of personal watercraft on the environment is just the latest problem the craft and their owners have faced in Virginia Beach and nationwide.

Because of the proliferation of the vehicles on waterways in recent years, and an increased number of accidents involving them, governments across the country are taking a closer look and enacting stricter Jet Ski regulations, the Beach included.

Last week, the city's Planning Commission turned down a Sandbridge resort's request to build 25 boat docks on Back Bay. The resort already has one common boat launch, and while the structures could have served any type of watercraft, the commission's reasons for denial centered on how it could lead to more Jet Skis cruising the refuge.

Stasko said last week that there's not a high amount of use of personal watercraft at the refuge.

But, he said, an increased use could have a direct, harmful effect on Back Bay.

Stasko told the Planning Commission Wednesday that high noise levels from personal watercraft could scare wildfowl, such as ospreys, from their nests, and could disturb growth in shallow water through the engine's jet action. The growth, or vegetation, is a source of food for ducks and geese and other fowl.

Planning Commission member Jan Eliassen said Jet Ski use at the refuge is incompatible with other activities, such as bird watching, canoeing, kayaking and bass fishing, while also in direct conflict with the city trying to promote itself as an eco-tourism destination.

Eliassen was one of seven who voted to deny the boat-dock application by Outdoor Resorts of Virginia Beach Condominium Association Inc.

Three members voted against the denial.

E.R. ``Dick'' Cockrell Jr., who voted against the denial, agreed that Back Bay is a precious resource and needs to be enhanced. But, he said: ``I don't like to deny people the right to use and see that great natural resource.''

Cockrell said he's not sure science has proven that the craft's jet-action engines cause disturbances by blowing and destroying the underwater vegetation.

The vote was more anti-Jet Ski than anti-boat dock, Cockrell said.

Many didn't argue with that statement.

Stephen Brewer, an attorney representing the condominium association, said he recognized that the Planning Commission was trying to balance an environmentally sensitive area with private property rights.

But, he said, granting another 25 piers to Outdoor Resorts wouldn't restrict the number of Jet Skis allowed to launch in Back Bay. Last year, the Planning Commission and City Council approved 25 docks at the site, 24 of which have been sold to condo owners.

``We don't want to be treated any better than anybody else, but we don't want to be treated any worse than anybody else,'' Brewer said. ``We want the law to be applied fairly and evenly.''

The impact personal watercraft have on the city's natural resources - not just the Back Bay refuge - is also a top concern of the Beach's Jet Ski Advisory Commission, formed two months ago to study stricter regulations on the craft. Recommendations from the commission will be forwarded to the General Assembly in January for further action.

David Gaskins, an advisory commission member and personal watercraft owner, said he would like to see all boats with an engine stay out of environmentally sensitive areas.

``Unfortunately you can't blame the situation on Back Bay on boats; that problem has been around since I was a kid,'' Gaskins said. But, he said, if Back Bay is starting to come back to life, ``I think we should do whatever we can to make sure that environmentally sensitive areas can continue to rebound.''

Mark Swingle, curator with the Virginia Marine Science Museum Stranding Center, said boats and personal watercraft operate differently.

Personal watercraft are designed to continually cruise at high rates of speed and can go in shallow waters where boats with motors can't, Swingle said.

``Their impact on natural resources is quite different,'' he said.

Many agree that a study needs to be done on Back Bay to find out how much impact personal watercraft and other boats have on the refuge. They also agree a study would be costly.

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