The Washington State Department of Natural Resources is considering a change to the boundaries of the Cherry Point Aquatic Reserve. DNR decided to consider incorporating a “cutout” area left for the then-proposed Gateway Pacific Terminal into the reserve in response to a request from the Lummi Nation.

Earlier this year, DNR denied a lease application from SSA Marine to build the terminal. That decision followed a determination by the U.S. Army Corps of Engineers that construction of the terminal would negatively impact the treaty-protected fishing rights of the Lummi Nation. The Corps denied the project permits.

The Lummi Indian Business Council cited those treaty rights in asking Commissioner of Public Lands Peter Goldmark to include the terminal’s cutout in the reserve’s boundaries.

“Our decision to consider the Lummi request is consistent with the Army Corps’ determination,” said Commissioner Goldmark. “We respect the efforts of the Lummi people to maintain their treaty fishing rights.”

In its Cherry Point management plan DNR drew boundary lines around existing or proposed agreements to use state-owned aquatic lands in or next to the Whatcom County reserve. One of those was for the Gateway Pacific Terminal, which was in the application phase at the time.

DNR will convene a committee of technical experts to review and evaluate the boundary change. Such a change would then have to undergo public review through the State Environmental Policy Act, or SEPA.

Commissioner Goldmark has the final decision on formalizing any boundary change.