Yesterday, the Cougar Bay Osprey Association received yet another rejection letter from its least favorite correspondent, the Idaho Department of Lands. This time the letter came through their attorney in the Idaho Attorney General’s office. The letter affirmed the Department’s outright rejection of the application to protect the pilings and booms in Cougar Bay for osprey habitat and quiet recreation.
The letter rationalizes the Department’s position by stating that the Osprey Association is not a “sort of governmental or public entity” that can apply for a permit, nor is it an entity “empowered” by such a public entity to do so. Moreover, the letter insinuates that there is absolutely no circumstance under which the Osprey Association can make an application to protect wildlife and recreation values for the general public, even if quite clearly consistent with the public trust. Indeed, under the Attorney General’s interpretation, private entities, either for-profit or non-profit, are quite literally banned from doing on-the-water restoration in Idaho.
Attorney Scott Reed is reviewing his options with his Osprey Association client, but the AG interpretation appears to be clearly problematic. Stay tuned.