Olympic Peninsula Environmental News

The U.S. District Court for the Western District of Washington State concludes that the Federal Refuge Act requires the U.S. Fish and Wildlife Service (USFWS/Service) to complete a compatibility determination, that the Court has jurisdiction and that plaintiffs’ case has merit and should be heard. 

In a major ruling for environmentalists fighting to stop the conversion of the Dungeness Spit wildlife refuge into an industrial aquaculture farm, a federal judge has ruled that the USFWS must complete a “compatibility determination” on potential impacts to these federal lands.  A 50-acre industrial shellfish operation has been allowed to operate abutting the Dungeness National Wildlife Refuge in Sequim WA without the agency having written a compatibility determination or permitted the shellfish operation. This Refuge hosts 240 species of birds, 29 species of mammals, 8 species of reptiles and amphibians, and 26 species of fish.  

Protect the Peninsula’s Future (PPF), a WA State non-profit was joined by another WA State non-profit, Coalition To Protect Puget Sound Habitat and the national non-profit, Beyond Pesticides challenging the USFWS in US Western District Court, pleading that the USFWS must write a compatibility determination stating the shellfish operation’s harm to this refuge.  The USFWS/Department of Interior asked the court to dismiss our case, denying their own authority. On July 17, 2024, the federal district court denied dismissal of the case.

The NGOs also pled that should the operation be allowed, it needed a permit. The federal judge left open the opportunity to strengthen this argument.

In his review of the USFWS attempt to dismiss the plaintiffs’ case, Judge Benjamin H. Settle underscored that the Refuge Act mandates that the Service “shall not initiate or permit a new use of a refuge or expand, renew, or extend an existing use of a refuge, unless the [Service] has determined that the use is a compatible use and that the use is not inconsistent with public safety.”  The federal judge continued, “To conclude otherwise would lead to absurd results. It would require the Court to ignore the clear instructions in the Refuge Act and its regulations that deputize the Service to regulate activity within the Refuge. Indulging the Service’s position would also require ignoring the points in the Refuge Act that carefully instruct the Service on how to navigate conflicting or concurrent authority within a refuge.”

“It bears repeating that the Service already acknowledged that it ‘cannot allow the proposed activity unless the entirety of the commercial oyster farming operation within the Refuge boundary is found Compatible with the Refuge purposes.’”

This blog has repeatedly reported on the move to create an industrial aquaculture operation inside Dungeness Spit. In previous articles, we saw key members of the wildlife reserve send reports saying that the proposal was bad for birds and other creatures in the waters inside the Spit. Regardless of the concerns DNR head Hilary Franz signed an approval of leasing the tidelands to the company. Yesterday, Franz lost her bid to move to the U.S. Congress, and she might be replaced by one of two Republicans, but the votes are still being tallied, and Democrat and environmental champion Dave UptheGrove is still in second place as of this writing.

You can help this legal case by sending donations to: PPF   PO Box 421   Sequim WA  98382

or make online through PayPal:  https://www.protectpeninsulasfuture.org/donate/

Filed under: Clallam County, Environmental Law, Environmental Protection, Olympic Peninsula, Straits of Juan de Fuca |