Judge rejects Cooke’s claim that Washington state violated agreements with forced closure of netpen operations

Posted on May 19, 2023 by Al Bergstein

“Cooke has lost 330,000 fish from the decision and said it has suffered significant financial harm.” Judge doesn’t buy the arguement that the State violated the contracts with the companies. This is a precident that may be used in other cases to come.

The news is behind a paywall, but you can sign up for free and read the rest at:

Judge rejects Cooke’s claim that Washington state violated agreements with forced closure of netpen operations | IntraFish.com

Filed under: Around the Salish Sea, Around the Sound, Environmental Law | Comments Off on Judge rejects Cooke’s claim that Washington state violated agreements with forced closure of netpen operations

Federal Court Rules on Overharvest of Salmon

Posted on May 10, 2023 by Al Bergstein

From Wild Salmon Conservancy. A major ruling with far reaching impacts.

May 3, 2023— Yesterday, in an international, coastwide environmental victory, Seattle federal Court issued a landmark order halting the overharvest of Chinook salmon in Southeast Alaska that has persisted for decades, jeopardizing the survival of federally-protected Southern Resident killer whales (SRKW) and wild Chinook populations coastwide. This significant decision will immediately allow the starving Southern Resident population far greater access to these Chinook which are the whale’s primary prey, marking a turning point for their recovery.

“This Court decision is the largest victory for Southern Resident killer whale recovery in decades and will be celebrated internationally. After years of inaction by our federal government to address the prey crisis facing the Southern Residents, Judge Jones’ decision will finally provide starving orcas immediate access to their primary prey,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “What’s more, by allowing far more wild Chinook to return home to their spawning grounds, this action is also helping to recover and restore wild Chinook from rivers throughout Oregon, Washington, and British Columbia, essential to rebuilding both populations in the long-term.”

On Tuesday, U.S. District Judge Richard A. Jones issued a final ruling in Wild Fish Conservancy’s lawsuit agreeing that halting the summer and winter seasons of the Southeast Alaska Chinook troll fishery is the most appropriate remedy. The Court subsequently remanded NOAA Fisheries’ inadequate biological opinion in order for the agency to address the serious underlying violations of environmental law previously found by the Court.

In that biological opinion evaluating the fishery’s impact on threatened and endangered species, NOAA admitted that over the last decade and persisting today, Chinook harvest is occurring at levels that are unsustainable for the long-term survival and reproductive success of both threatened wild Chinook populations and endangered Southern Resident killer whales. Still, NOAA authorized the harvest to continue at these levels relying on proposed mitigation they claimed would offset this serious harm. In summary judgement in August, the Court overwhelmingly found the mitigation was insufficient and violated the Endangered Species Act (ESA) and that NOAA failed to conduct legally required environmental review of the mitigation, which would include opportunities for public input and an evaluation of alternatives, such as reductions in harvest.

Southern Resident killer whales were listed as Endangered in 2005. Currently, there are only 73 individuals in the population, an alarming decrease from nearly 100 only 25-years ago. Reduced prey availability, specifically large and abundant wild Chinook, has been identified by killer whale experts and NOAA as the primary cause of their decline. Research has shown an alarming 69% of Southern Resident killer whale pregnancies are aborted due to insufficient Chinook salmon and inbreeding depression has been identified as a growing threat to the population’s survival and recovery.

“This is unbelievable news, yet so long in coming,” said Wild Orca’s Science and Research Director, Dr. Deborah Giles. “The high pregnancy failure rate within the Southern Resident killer whale population is linked to poor nutrition, so having more fish returning to their home waters in British Columbia, Washington, and Oregon, will increase the whales’ prey base and improve their chances of giving birth to healthy calves.”

In an expert declaration evaluating the effect of the troll fishery’s harvest on the Southern Resident population, modeling by Dr. Robert E. Lacy projected closing the fishery would increase prey availability by approximately 6%, which would be enough to stabilize the population and stop their decline toward extinction, though additional actions would be required to begin to grow the population. The Court stated: “Though there is uncertainty as to how much prey would ultimately reach the SRKW, the record before the Court suggests that closure of the fisheries meaningfully improves prey available to the SRKW, as well as SRKW population stability and growth, under any scenario.” As a result of yesterday’s decision, approximately 172,000 Chinook that would have been harvested or indirectly killed in the 2023 summer and winter seasons of the Southeast Alaska troll fishery will now be able to continue their historical migration south to home spawning grounds and into the whale’s key foraging areas.

“Dr. Lacy’s findings suggest that the single action of closing this fishery would increase prey availability enough to stabilize the Southern Resident population. Stopping the precipitous decline of the whales toward extinction is the highest priority toward recovery efforts. These findings clearly demonstrate that Chinook harvest in Southeast Alaska’s troll fishery is contributing to the decline of the whales, validating why the Court’s decision is so critically important to the survival of this population,” says Helverson.

While the fishery occurs in Southeast Alaska marine waters, most people are unaware that up to 97% of all Chinook harvested in the Southeast Alaska troll fishery migrate from rivers throughout British Columbia, Washington, and Oregon. Roughly half of the fish harvested originate from the Columbia River, and many come from populations listed as Threatened under the ESA. Currently, these Chinook are harvested in their ocean rearing habitats preventing them from migrating back into southern waters where the Southern Resident killer whales encounter them. Majority of stocks harvested in the fishery are identified as priority stocks for the Southern Residents.

“Alaskan fishers should not be blamed for NOAA’s chronic mismanagement of this fishery, and we are sincerely sympathetic to the burden this decision will pose to Southeast Alaskan communities,” says Helverson. “However, this decision will finally address decades of harm and lost opportunity this overharvest has caused to fishing communities throughout British Columbia, Oregon, and Washington who depend on these fish, particularly Tribal and First Nations. In addition to the unparalleled benefits to killer whale and Chinook recovery, the Court’s decision is addressing this historic inequity and restoring control to coastal communities of the destiny of salmon recovery in their home watersheds.”

“The underlying harvest issues in this case are not an anomaly, but rather just one example that demonstrates the problems caused when harvest occurs in the ocean where it is impossible to avoid unintentionally harming threatened and endangered populations or intercepting high proportions of salmon from rivers coastwide,” says Kurt Beardslee, Director of Special Projects. “Scientists are increasingly calling for harvest reform measures that shift harvest out of the ocean and into fisheries in or near each river of origin where salmon return, providing fisheries managers and coastal communities the ability to manage recovery with far greater accuracy and success.”

Filed under: Around the Salish Sea, Endangered Species, Environmental Activism, Environmental Law, fisheries, Orcas, Salmon | Comments Off on Federal Court Rules on Overharvest of Salmon

EVENT: Puget Sound Day on the Hill Livestream! May 9th

Posted on May 4, 2023 by Al Bergstein

Dear Puget Sound recovery community, 

Registration is now open for two Puget Sound Day on the Hill livestream events!

 

Puget Sound Federal Leadership Task Force – coordination of resources, policies, and programs to support ecosystem and salmon recovery and the protection of treaty rights

May 9, 2023 | 7:00 a.m. – 8:00 a.m. PDT

REGISTER HERE

The first livestream event, on May 9, will be a panel discussion about Puget Sound recovery with representatives from federal agencies moderated by Peter Murchie, Puget Sound Geographic Program manager at the U.S. Environmental Protection Agency (EPA). 

Tentative panelists include:

  • Sara Gonzalez-Rothi, senior director for water, Council on Environmental Quality
  • Zach Penney, senior advisor, National Oceanic and Atmospheric Administration
  • Steve Kopecky, deputy chief, Northwest Division Regional Integration Team, U.S. Army Corps of Engineers
  • Zach Schafer, senior advisor, Office of Water, EPA
  • Karnig Ohannessian, deputy assistant secretary of the Navy for environment and mission readiness

 

Puget Sound Day on the Hill event with Congressional delegation and Admiral Hann

May 10, 2023 | 7:00 a.m. – 2:30 p.m. PDT.

REGISTER HERE

The second livestream event, on May 10, will feature members of the Washington Congressional delegation and Admiral Nancy Hann of NOAA’s Commissioned Officer Corps. The livestream will take place from 7:00 a.m. – 2:30 p.m. PDT.

Tentative schedule:

7:30 a.m. – 8:00 a.m.Rep. Gluesenkamp Perez
8:00 a.m. – 8:30 a.m.Rep. Strickland
10:00 a.m. – 10:30 a.m.Rep. Larsen
10:30 a.m. – 11:00 a.m.Admiral Hann
11:00 a.m. – 11:30 a.m.Rep. Schrier
11:30 a.m. – 12:00 p.m.Rep. Jayapal
12:00 p.m. – 12:30 p.m.Rep. Kilmer
12:30 p.m. – 1:00 p.m.Sen. Murray
1:00 p.m. – 1:30 p.m.Sen. Cantwell
  

Rep. DelBene will stop by between Rep. Kilmer and Sen. Murray

Please join us for these livestream events to support Puget Sound and salmon recovery and to encourage the good work done by federal agencies and our Congressional delegation. Both events will be recorded and available to view for registered participants.

We hope you’ll join us on May 9 and 10!

Filed under: Around the Salish Sea, education, Environmental Activism, environmental education, Environmental Law, Events, Government | Comments Off on EVENT: Puget Sound Day on the Hill Livestream! May 9th

WA Dept of Ecology & Rayonier Port Angeles Superfund Site

Posted on April 19, 2023 by Al Bergstein

The Washington State Department of Ecology recently mailed out the first report in a long time to residents near Ennis Creek in Port Angeles. This report covers the update to the work that has been going on for over a decade to try and restore the superfund site at Ennis Creek. There has been feedback from concerned citizens on the issue.

Status Update: Port Angeles Cleanup Sites and Natural Resource Damage Assessments

It’s the first report we’ve seen from Ecology since 2019 about what’s happening at the Rayonier site, Port Angeles Harbor and several other contaminated sites in the PA area that are being cleaned up, or will supposedly be cleaned up.

Here is the reply from the Friends of Ennis Creek.

ECOLOGY MAILING PROMPTS QUESTIONS, COMMENTS.

You may have recently received a 4-page mailing titled “Status Update: Port Angeles Cleanup Sites and Natural Resource Damage Assessments.”

It was sent out to North Olympic Peninsula residents and other interested parties by the state Department of Ecology (ECY) the first week of April.

The mailing came as a result of requests from Friends of Ennis Creek and others concerned about how long it’s taking to deal with toxic contaminants at the Rayonier mill site and in Port Angeles Harbor and impacts on Ennis Creek, our last best chance of a salmon stream in Port Angeles.

Here’s a link to the 4-page mailing Ecology sent — https://apps.ecology.wa.gov/cleanupsearch/document/123269.

The mailer provides a great deal of information — but it’s also concerning.

Robbie Mantooth, co-founder of Friends of Ennis Creek, found the Ecology mailing wanting in several areas:

“The city of Port Angeles, area tribes, Friends of Ennis Creek and many other governmental and non-governmental entities have told ECY leaving a toxic landfill on the Port Angeles waterfront is unacceptable.

“Public concerns have included how contaminants are likely to spread on water and land because of sea level rise and extreme weather.

“This mailing doesn’t provide enough detail to make the public’s overwhelmingly consistent demands clear.

“We have asked for speeding up actions, including doing cleanup and restoration whenever possible.”

Your comments about the mailing would be appreciated.

Please post them in this post’s comments section, below, and also email them to Barry Rogowski, program manager of state Ecology’s Toxics Cleanup Program. His email is brog461@ecy.wa.gov.

You also can email Robbie at ennis@olypen.com.

Here is Robbie’s reaction:

The public needs information about negotiations with Rayonier to restore land and water harmed by the company’s mill operations. If they must be confidential, the public deserves an explanation.

The public needs assurance that the change in property ownership, from Rayonier Properties LLC to Rayonier Advanced Materials (AM), will not affect the company’s financial responsibilities to pay for cleanup and restoration.

The public needs clarification of such subjective terms ECY is using — such as “maximum extent practicable” — and assurance this doesn’t mean a limit to the company’s responsibilities.

The public needs assurance that ECY is responsive to concerns expressed in more than 160 comments sent to ECY during the last public comment period.

Almost every comment demanded the removal of ALL contaminants from the former Rayonier mill site — but the ECY Model Toxic Control Act (MTCA) team’s most recent preferred alternatives would continue to cover and leave toxic wastes in our community rather than removing them.

We are also concerned that existing signage on the Rayonier fence does not adequately inform the public about the level of contamination and about toxic exposures to human health.

(Darlene Schanfald of the Olympic Environmental Council would like new signs at the Rayonier site and along the Olympic Discovery Trail that parallels it: “Eye-catching, informative signage is needed on the fences around the Rayonier site to inform the public why they should not enter the site.”)

The city of Port Angeles, area tribes, Friends of Ennis Creek and many other governmental and non-governmental entities have told ECY leaving a toxic landfill on the Port Angeles waterfront is unacceptable.

Public concerns have included how contaminants are likely to spread on water and land because of sea level rise and extreme weather.

This mailing doesn’t provide enough detail to make the public’s overwhelmingly consistent demands clear.

We have asked for speeding up actions, including doing cleanup and restoration whenever possible.

ECY has reported dissatisfaction with Rayonier’s failure to include some of the agency’s proposals into what is called the Interim Action Plan.

We have asked ECY to make those concerns available to the public as well as what Rayonier has proposed.

Ecology says 30,000 tons of contaminated material have been removed — but doesn’t describe the amount or contents of what remains.

When will the cleanup be finished?

A report to the federal Environmental Protection Agency (EPA) included a revised timeline much more specific than what was in the ECY mailing this month.

The timeline is especially concerning since the mailing says ECY doesn’t “yet know how far the contamination from the mill spreads.”

We have asked ECY to focus on land and water affected by the Rayonier mill — even though we share interest in the Port Angeles Harbor to the west.

Although we commend the agreement among those who have agreed to pay for the western harbor cleanup and restoration, we want to be sure that progress doesn’t detract from what remains be done for people, fish and all other life continuing to be affected by what Rayonier left behind.

We also need to clarify how the cleanup under Washington State’s Model Toxics Control Act (MTCA) is related to the federal EPA.

Darlene Schanfald, who has led public involvement efforts with a grant under MTCA through the Olympic Environmental Council, provided some history of what happened after the Rayonier mill closed in 1997.

“The U.S. Environmental Protection Administration considered a Superfund designation for the land and water impacted by Rayonier Pulp Mill operations.

“EPA agreed to let the state Department of Ecology lead the cleanup under the state’s Model Toxics Control Act, but EPA would oversee actions and would have to sign off on a delisting.”

Friends of Ennis Creek and others have asked for copies of the annual report EPA requires from Ecology.

We’ve received only the one for October 2022 but have asked to be notified when others are made available, as we were told they would be, on the ECY website ( https://ecology.wa.gov/Rayonier ).

We have asked our congressman, Derek Kilmer, who grew up in Port Angeles, to help us meet with an appropriate EPA representative.

Filed under: Around the Salish Sea, Clallam County, Environmental Protection, Government | Tagged: , , , , , | 2 Comments »

Watch Live: NOAA Expedition to Explore Deep Ocean off U.S. West Coast

Posted on April 19, 2023 by Al Bergstein

Amazing live feeds from the research vessel.

NOAA Ocean Exploration Livestream: Camera 1

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WA DNR Partners with Sustainable Blue to Identify Opportunities for On-Land Aquaculture for State Lands

Posted on April 16, 2023 by Al Bergstein

This is a progressive step by the Department of Natural Resources to explore the implementation of land based aquaculture. It’s been my impression following this over the years that Sustainable Blue and others like it have not yet become profitable in this industry, but I may be not informed on recent financials. They are a small company in Nova Scotia and their website does not appear to have been updated in over a year. They sell their sustainably raised salmon online and apparently in outlets in Nova Scotia and New Brunswick. It’s unclear of whether they have garnered support from the regional restaurant industry, as Chef Tom Douglas of Seattle has been deeply involved is supporting the Alaska salmon market. We can hope this partnership can lead to something that benefits tribes like the JamesTown S’Klallam, who are already in partnership with others on raising black cod in the area.

Note that this only is an exploration of land-based sites. There is no mention of costs to be incurred by the State or Sustainable Blue. No mention of the amount of staff to be assigned. Does Commissioner Franz expect that there will be a variety of sites selected and that then, what? Will the state build the facilities or signal it’s intent to support industry to build on these sites? If these fish are significantly more expensive, how will this succeed in the market? It is worth noting that the JamesTown have announced a lawsuit against DNR for the end of leasing fish farms in the state, this could be seen as simply a tactic in the lawsuit.

Commissioner of Public Lands Hilary Franz signed today a partnership agreement with Nova Scotia-based Sustainable Blue, a zero discharge, land-based salmon farming company, to identify opportunities for siting sustainable finfish aquaculture in Washington State. 

“I’m excited to bring this partnership to Washington,” said Commissioner Franz. “This agreement represents an important step toward restoring finfish aquaculture in a sustainable, healthy way that does not pit farmed fish against the native salmon we all work so hard to sustain.” 

The letter of intent launches an exploration of land-based sites managed by the Washington State Department of Natural Resources (DNR) that would be suitable for closed-containment aquaculture on state-owned lands. DNR manages 2.6 million acres of state-owned aquatic lands on behalf of the people of Washington, along with 2.1 million acres of upland public lands. 

The 2017 collapse of finfish aquaculture net pens off Cypress Island made clear the dangers that open water commercial finfish aquaculture facilities pose to native salmon and their habitat. Citing this event and other operational and maintenance issues that have been documented from the four open water net pen aquaculture facilities in Washington’s waters, Commissioner Franz last year announced such commercial facilities would no longer be leased on state-owned aquatic lands. 

Sustainable Blue is the longest-running commercial zero-discharge Recirculating Aquaculture System (zRASTM) in North America. The Sustainable Blue zRAS recirculates 100% of its salt water, creates zero discharge to local waterways and communities, eliminates any potential for escapes, and offers a value-added proven model for aquaculture. 

“This is a different path forward, and we’re thrilled to have the State of Washington on board to chart this new path in the United States,” says Kirk Havercroft, CEO of Sustainable Blue. “What we know is that all RAS systems are not created equal; Sustainable Blue offers a proven, long-running, zero discharge system that provides food security and economic stimulation, as well as consistency in product and market supply.”

With this letter of intent, Commissioner Franz and DNR signal their continued commitment to sustainable, market-based solutions that benefit the citizens of Washington while protecting the state’s natural capital. The agreement also represents the first step in a long-term partnership to explore multiple facility locations that are not reliant on marine or watershed environments.

Commissioner Franz plans to begin site exploration later this spring. “We know finfish aquaculture can be a great source of food and employment. But we have to balance those benefits with protecting our significant investments in restoring salmon and their habitat,” said Commissioner Franz. “I’m excited by this opportunity to do both.” 

###

About Sustainable Blue

Founded in 2007 in Nova Scotia, Canada, Sustainable Blue is the longest-running commercial zero-discharge Recirculating Aquaculture System (zRAS) in North America. Through nearly 30 years of extensive research and development, Sustainable Blue has eliminated the need that is typical in a traditional RAS to discharge wastewater back into the ocean, making it the only land-based saltwater aquaculture facility in the world to do so. Waste solids are instead separated and used to generate electricity (with additional use cases currently being researched and developed). The wastewater is cleaned and returned back to the facility, all resulting in zero discharge back into the environment. The company’s proprietary aquaculture model was created by Dr. Jeremy Lee and is designed to mirror nature’s complex ecosystem found in oceans and waterways, but on land, protecting wild salmon populations from both disease and overfishing.  Because Sustainable Blue’s system is fully self-contained, the salmon are free of sea lice and other fish diseases, meaning they require no antibiotics. Led by CEO Kirk Havercroft and Chief Sustainability Officer David Roberts, Sustainable Blue has been raising and processing salmon at its Nova Scotia headquarters for the past 15 years, supplying to the region’s restaurants, fishmongers and retailers.

Filed under: Around the Salish Sea, fisheries, Salmon | 1 Comment »

Random bits from around the Peninsula

Posted on February 5, 2023 by Al Bergstein

Al Latham reports:

The NOSC spawning survey team witnessed a spectacle this year!  After several years of seeing no coho in the upper reach of Chimacum Cr (Lee Miller’s old property), on a single day they counted more than 90! Total sightings for the season was probably over 200. The last few years have had dismal coho returns in  Chimacum Cr, and generally throughout the region.  Must have been some good ocean conditions for them plus adequate streamflows.  Perhaps the Pacific decadal  cycle has flipped as it’s wont to do!  A tribal biologist told me years ago that due to that cycle for 10 years or so coho returns are dismal here, great in Alaska.  Then the pacific decadal cycle kicks in -I n Alaska they wonder what went wrong, and here all the restoration folks are hero’s!  Whatever – just glad to see good numbers for a change. 

Liz Anderson from Jefferson County Health Dept. reports:

Port Townsend, WA. Recent clam samples from Discovery Bay tested negative for the biotoxin that causes paralytic shellfish poisoning (PSP), and Washington Department of Health has opened Discovery Bay for recreational harvesting of all shellfish species. Jefferson County Public Health has removed warning signs at public access points in Discovery Bay.

In June, 2022, Discovery Bay closed for all species due to the toxin that causes diarrhetic shellfish poisoning (DSP). Later that month, the PSP toxin level also climbed above the safe limit. Even after toxin levels started to decline in other mollusk species, butter and varnish clams remained closed, until today. Elsewhere in Jefferson County, butter and varnish clams remain closed due to biotoxin in:

  • Kilisut Harbor (including Fort Flagler)
  • Mystery Bay
  • Oak Bay
  • Mats Mats Bay
  • Port Ludlow

To find out which areas in Washington are safe to harvest shellfish, please check the Shellfish Safety map at www.doh.wa.gov/ShellfishSafety.htm or call the Biotoxin Hotline at 1-800-562-5632. For the latest information on regulations and seasons, visit the Washington Department of Fish & Wildlife website at wdfw.wa.gov/fishing or call the Shellfish Rule Change Hotline at 1-866-880-5431.

See the full press release on our website here: Discovery Bay Shellfish Biotoxin Warning Removed

The Narhwal reports:

‘Serious scientific failings’: experts slam DFO report downplaying threat of salmon farms | The Narwhal

The Northwest Treaty Tribes report on Dungeness work by the Jamestown S’Klallam Tribe:

Restoration projects increase salmon returns

Filed under: Around the Salish Sea | 1 Comment »

Briefing: Legislative Priorities Lobby Days

Posted on February 2, 2023 by Al Bergstein
From the newly named Washington Conservation Action organization.

Join us at Washington Conservation Action for our first, action-packed virtual briefing of 2023! 

What: Insider Briefing: Legislative Priorities, Lobby Days & our New Brand
When: Friday, February 10th, 1-2PM
How to Join: Via Zoom 

RSVP here to receive Zoom meeting link and login details 

As of January 1st, our former organizations Washington Environmental Council and Washington Conservation Voters have joined forces to become Washington Conservation Action! We’ll kick off this briefing with a short update from Communications Director Zachary Pullin, who will share the latest about our new name and brand and answer your questions. From that point, we’ll dive right in and provide you with an insider peek on the work at hand.

With the 2023 legislative session in full swing, our Government Affairs Director, Darcy Nonemacher, will talk about our priorities in this long legislative session, how they build on previous environmental wins in the last few sessions and share her insights. Then they’ll provide an overview and sneak peek of Environmental Lobby Days 2023, which will be held on February 14-16th. They’ll share why this annual coming together of activists and advocates concerned about Washington’s environment is so important, provide a preview into the online sessions we’ll be offering, and offer thoughts on why you should get involved. Zachary, Darcy and I are excited to give you the inside scoop, so please join us! 

Kat  
Kat Holmes (she/her) 
Field Director
Washington Conservation Action
Washington Environmental Council and Washington Conservation Voters are now Washington Conservation Action.

Filed under: Around the Salish Sea, Environmental Activism, environmental education | Comments Off on Briefing: Legislative Priorities Lobby Days

SeaDoc Society calls for proposals.

Posted on January 27, 2023 by Al Bergstein

The transboundary SeaDoc Society is once again calling for proposals that will support improved Salish Sea health or management. This year there are two grant opportunities: an Open RFP with an initial Letter of Intent (LOI) step, and a second RFP for Tribes & First Nations that does not require an LOI (deadline . The ceiling for all awards is $50K. Open RFP LOIs due Feb 1; the full proposal deadline for both RFPs is March 15. (SeaDoc Society)

Filed under: Around the Salish Sea, Olympic Peninsula | Tagged: | Comments Off on SeaDoc Society calls for proposals.

The battle of sea lice and salmon goes on

Posted on January 24, 2023 by Al Bergstein

An update on the battle to remove fish farms from Canada. The industry denies it’s a problem here, 100 miles south…

  • Increased sea lice infestations, scientists say are caused by salmon farms, threaten the already-vulnerable wild Pacific salmon populations in western Canada, worrying conservationists and First Nations.
  • Three First Nations in the region are now deciding on the future of open net pen Atlantic salmon farms dotting the channels and waterways in and around their territories. They hope their decisions will pave the way to protect wild salmon, a culturally important species.
  • So far, ten farms have been closed and the future of seven farms are to be decided this year, in 2023.
  • The impact of the closure of the farms on sea lice and wild salmon populations is still unclear, say scientists, and more time to monitor the data is needed.

As sea lice feast away on dwindling salmon, First Nations decide the fate of salmon farms (mongabay.com)

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Protection, Environmental Science, First Nations, fisheries, Government | Comments Off on The battle of sea lice and salmon goes on

Swelling school of seaweed farmers looking to anchor in Northwest waters – Salish Current

Posted on December 20, 2022 by OlyOpen

There is so much more to this issue. Are we really wanting to trade off our waters for animal feed or fertilizer? Better speak up now.


Prospective kelp growers who want to join the handful of existing commercial seaweed farms in the Pacific Northwest are having to contend with a lengthy permitting process. It’s gotten contentious in a few cases, but even so, at least a couple of new seaweed farms stand on the cusp of approval. Their harvests could be sold for human food, animal feed or fertilizer. Tom Banse reports. (NW News Network)  

See also: Can kelp farming help save our marine environment? Richard Arlin Walker reports.

(Salish Current, 10/7/22) 

Filed under: Aquaculture, Around the Salish Sea, Around the Sound, Government, legislation | Comments Off on Swelling school of seaweed farmers looking to anchor in Northwest waters – Salish Current

Ken Balcomb walks on

Posted on December 15, 2022 by OlyOpen

“It is not enough to have compassion. You must act.” Tenzin Gyatso 14th Dalai Lama

Incredibly sad news this morning that Ken Balcomb, the founder and senior scientist of the Center for Whale Research has passed. His influence on the protection of orcas in the Pacific Northwest cannot be underestimated. He was a giant in the world of whale research and environmental protection. While others may choose to work only on restoration, he was involved in restoration and protection. He didn’t just have compassion for the orca. He acted on it. All too few these days are really acting for protection of our natural world. Ken’s life is an example for all of us.

He will be missed.

Rather than write an obit, here is where you can read about his life and career.

kcb | CWR (whaleresearch.com)

Filed under: Around the Salish Sea, Environmental Activism, environmental education | 1 Comment »

How much of orca decline is in their DNA? – Salish Current

Posted on December 12, 2022 by OlyOpen

Interesting new study out..

A fully sequenced SRKW genome might also give scientists a look at the genetic variations and immune system genes that are important for the whales’ survival, and offer a better understanding of the population’s history and size prior to European colonization, Ford added. The information could also verify current pedigrees and aid scientists in comparing Southern Residents with Northern Residents and other similar populations that are thriving, to determine what factors are setting them apart.

How much of orca decline is in their DNA? – Salish Current (salish-current.org)

Filed under: Around the Salish Sea, Endangered Species, Environmental Science, Orcas | 1 Comment »

Net Pen Aquaculture Industry Targets DNR’s Hilary Franz

Posted on November 27, 2022 by Al Bergstein

In a series of articles across multiple platforms, the net pen aquaculture industry and their allies have targeted Washington State’s Department of Natural Resources (DNR) Commissioner Hilary Franz for attack and lawsuits after her controversial decision to end net pen aquaculture of Atlantic salmon in Puget Sound and Hood Canal.

Posts on LinkedIn (which does not allow critical rebuttal) by Jeanne McKnight, a PR specialist that works for the aquaculture industry, along with articles in SeaWestNews about the benefits of net pen aquaculture point to a new attack on Franz by the industry. Past Chairman of the Pacific Aquaculture Caucus Peter Becker also weighs in with his opinion in a long reply to McKnight’s original post.

The articles and posts point out that Franz came from a law degree background and not the “fisheries science industry”, so as not to be capable of deciding for an industry that has long been in the driver’s seat regarding influencing the regulators charged with regulating them. Cooke did an excellent job in the past of dividing to conquer the regulators by helping legislate multiple agencies to regulate multiple aspects of each farm, ending in a fiasco of collapsing nets due to poor maintenance and escaped fish. Franz rightly decided that Cooke should be banned from the near shore waters and shorelines of the State because of that incompetence. Her agency is charged with protecting those wild stock resources (along with other agencies).

The articles also raise smear tactics based on her decision by saying she ‘cherry picked’ the tribes in support of her decision (not even notifying the Jamestown S’Klallam Tribe who are partnering with Cooke Aquaculture for a sable fish net pen in Port Angeles harbor). This blog believes that Franz will exempt the Jamestown in the near future and allow them to create net pens for black cod as long as Cooke is not part of the business model.

All these are desperate tactics by an industry under attack both here and in Canada. The long-time work of Dr. Alexandra Morton in Canada, raised scientifically valid hypothesis and proofs over and over again that the industry is partially if not fully responsible for the collapse of wild stocks in many rivers in Western British Columbia while the industry takes credit for 97% of Canadian salmon produced being farm raised (as reported in an article in the industry journal SeaWestNews.) That statistic can also be read to mean that since farmed salmon have arrived 97% of wild salmon have vanished. The question is why is that statistic true? Alexandra Mortons’ research, among others such as Dr. Lawrence Dill, point to the reasons that the industry would rather ignore. Viruses from the farms as well as sea lice coming from the pens that are co-located in passages that the wild salmon have to traverse. The industry here claims that sea lice are not the problem that they are in B.C.

The reality is that this issue is not over yet, though Commissioner Franz’ decision (political though it may be) is not without the possibility of challenge in the courts. Washington State Dept. of Fish & Wildlife (not DNR) having lost a limited case ruling in the Washington State Supreme Court in a unanimous decision that only dealt with whether or not the permit for Cooke had met SEPA standards, the industry believes DNR may not be on the most solid ground to uphold this new decision. Can they argue that the decision was arbitrary and capricious? The industry also sees this as a test to save the geoduck aquaculture industry from a similar fate, as many of the same issues raised in this case could be applied by environmentalists to the near shore. Actually, they already have been but have not yet found the political support to stop the ongoing destruction of our shorelines by geoduck aquaculture illegally supported by both DNR and the Army Corps of Engineers (as decided in recent court battles lost by both agencies. )

Don’t go popping champagne bottles just yet, as we have not seen the end of the industry as it relates to this issue. The arc of justice may be finally bending in the way of environmental protection as it relates to the problems of net pen aquaculture, but the industry will do its best to bend it back to profit over wild stocks.

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Law, Environmental Protection, Government, legislation | Tagged: | 5 Comments »

Dept. of Nat. Resources Bans Future Net Pen Aquaculture – Major Win for Environmentalists, Tribes, Salmon & Orcas.

Posted on November 18, 2022 by Al Bergstein

Today, Washington’s Commissioner of Public Lands Hilary Franz made history when she announced a new groundbreaking executive order that will prohibit commercial net pen aquaculture in Washington state marine waters. During the press conference, a question about the net pen proposed by the joint business venture of the Jamestown S’Klallam Tribe and Cooke Aquaculture to create a net pen to farm Black Cod (Sablefish) was deflected with a mention that Commissioner Franz had been in discussions with them on this issue. It was not clear whether they were not going to be allowed to put the pen in under the Tribe’s name or not. Franz also mentioned that upland farming of salmon would likely be approved by DNR. The industry has long stated that this method is not commercially viable at this time.

This ends a long history of industry “spokespeople”, who have been involved with Marine Resources Committees both in Clallam and Jefferson Counties, touting the benefits of these pens and disrupting anyone coming forward to raise concerns, such as when Professor Dill, a researcher from a distinguished Canadian University came to Port Angeles a few years ago to discuss his scientifically based concerns and was shouted down by industry representatives.

While Commissioner Franz’ concerns about ending destruction of the near shore by these farms could easily be carried over to the nearshore beach destruction by industrial geoduck operations over thousands of acres of beaches throughout the Sound and Hood Canal, there was no discussion of that issue today.

This blog has been a long time critic of Commissioner Franz, due to her seemingly lack of concern over industrial aquaculture in our waters. We welcome and thank her for finally taking strong legal action on this issue. It has been viewed both here on the West Coast, nationally and internationally as a major step towards recovering and protecting our waters.

Press Release from the Wild Fish Conservancy, the major group working to end this policy.


“This new policy was announced earlier today by Commissioner Franz at a press conference on Bainbridge Island overlooking the Rich Passage net pens alongside leaders from Wild Fish Conservancy and Suquamish Tribe. The news comes on the heels of another long-awaited and widely-supported decision announced earlier this week by Commissioner Franz that DNR has refused new decade-long leases to global seafood giant Cooke Aquaculture to continue operating commercial net pens in Puget Sound.

“After the incredible news announced earlier this week, it is almost impossible to believe we are now celebrating an even bigger, groundbreaking victory for our wild salmon, orcas, and the health of Puget Sound,” said Emma Helverson, Executive Director of Wild Fish Conservancy. “By denying new leases to Cooke and bringing forward this comprehensive, bold new policy to prevent commercial net pens from ever operating in Washington marine waters again, Commissioner Franz is ensuring Puget Sound will be protected, not just now, but far into the future for the benefit of generations to come.”

Together, the lease denial and executive order will require Cooke to remove all of their net pen facilities from Puget Sound before the end of year, marking the end of the commercial net pen industry that has operated in Washington state for over 40 years. The benefits of these actions for the recovery of wild fish, water quality, and the greater health of Puget Sound cannot be overstated. Immediately, this action will cease chronic untreated pollution that has been discharged daily at these aquatic sites for over forty years. Finally, these heavily polluted and degraded sites will have the opportunity to heal and begin the process of natural restoration as part of the largest passive restoration project in Washington State.

The decision will also eliminate many major risk factors that harm the recovery of wild salmon and steelhead, including ending the risk of exposure to viruses, parasites, and diseases that are amplified and spread at unnatural levels by massive densities of farmed fish and the risk of future catastrophic escape events in which farmed fish could compete with, attempt to interbreed, or spread pathogens to threatened and endangered wild fish.


DNR’s decision will also restore the public and Tribal access to over 130 acres of Puget Sound that have been restricted by this industry for over forty years. More broadly, Washington’s decision will unite the entire U.S. Pacific Coast in excluding this industry from marine waters. Combined with Canada’s recent commitment to transition open water net pens out of British Columbia waters, this decision also has the potential to eliminate a major limiting factor to wild Pacific salmon recovery at a coastwide, international scale.


“After the news earlier this week, we’ve heard from colleagues all around the world in places like Chile, Tasmania, Scotland, and so many others working to protect their own public waters from the environmental harm of commercial net pen aquaculture,” says Helverson. “Today’s historic decision is setting a new standard that will serve as a model and rallying cry to bolster the efforts of communities and governments around the world working toward this same end and we stand committed to leveraging our massive success to support their efforts.”


Cooke is the same company found at fault for the catastrophic 2017 Cypress Island net pen collapse that released over 260,000 nonnative and viral-infected Atlantic salmon into Puget Sound. Cooke purchased all of Washington’s net pen facilities in 2016 with plans to expand exponentially in Washington waters.

In response to this expansion plan, Wild Fish Conservancy launched the Our Sound, Our Salmon (OSOS) campaign in April 2017 to raise public awareness about the environmental impacts of commercial net pen aquaculture. In 2018, a coalition of over 10,000 individuals and hundreds of businesses and organizations under the banner of OSOS, worked in concert with Tribal efforts, to advocate for Washington’s landmark law banning nonnative Atlantic salmon aquaculture.

In July 2020, in response to Cooke avoiding the ban by transitioning to native species, the OSOS campaign launched a new initiative, Taking Back Our Sound, with the goal of preventing Cooke from receiving new leases. Through this effort, 9,000 individuals and 127 business and organizations called on DNR’s Commissioner of Public Lands Hilary Franz through a petition and direct actions, which included a Bainbridge Island city resolution, to deny new leases to Cooke and to restore Puget Sound for the benefit and use of all. In making her decision over Cooke’s lease request, DNR was required by statute to issue a decision in the best interest of the public.
“It’s clear this victory for wild salmon, orcas, and Puget Sound belongs to no one person or group. Without the separate actions of thousands of individuals, Washington’s Tribal Nations, businesses, organizations, chefs, fishing groups, scientists, elected officials, and so many others working together over the last five years, this would never have been possible,” says Helverson. “It is truly inspiring to see what is possible when the public unifies their voices and works together with the law and science on their side toward the shared goal of a healthier Puget Sound.”

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, First Nations, fisheries, legislation, Olympic Peninsula, Puget Sound, Straits of Juan de Fuca | Tagged: | Comments Off on Dept. of Nat. Resources Bans Future Net Pen Aquaculture – Major Win for Environmentalists, Tribes, Salmon & Orcas.

Researchers, growers face the challenge of acidic ocean water -Salish Current

Posted on November 4, 2022 by Al Bergstein

Things are getting worse as it relates to ocean acidification. But as the article points out, we are on the leading edge of trying to find a way forward to save our shellfish. This is global warming in your backyard. There is no time to waste.

Salish Sea waters are acidifying faster than ever before, but researchers in Washington are leading the world in addressing the looming disaster. Rena Kingery reports. (Salish Current)

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Enforce Sen. Magnuson’s ‘little amendment’ to protect Salish Sea – Seattle Times

Posted on November 4, 2022 by Al Bergstein

One of the best things that Magnuson ever did was to get this amendment passed. Since the 70s, we have minimized our risks with this law. As the article points out, environmental groups like Friends of the Earth and Friends of the San Juans have been fighting hard for years over the lack of enforcement by the Army Corps of Engineers and others. The Corps, as long-time readers of this blog know, are hell bent to do whatever industry asks of them, including hiding key documents in lawsuits and not upholding the laws when it suits industry. They have proven themselves unworthy of public trust.

A good article that summarizes where we are at with the Magnuson Act some 45 years later.

Enforce Sen. Magnuson’s ‘little amendment’ to protect Salish Sea | The Seattle Times

Filed under: Around the Salish Sea, Environmental Law, Environmental Protection, Oil Spills | Tagged: , , | 1 Comment »

With cash boost from government, Cascadia Seaweed dives into cattle feed – Times Colonist

Posted on October 29, 2022 by Al Bergstein

As expected, the “environmentally friendly” new industry of seaweed farming that is being promoted for Puget Sound is apparently being used in Canada for, wait for it, producing feed for cattle. No joke. This has got to be one of the worst tradeoffs possible for turning our Salish Sea into a seaweed farm, on top of the never-ending conversion of beaches for aquaculture, etc. If you want to weight in, take this article and write to your state congresspeople, DNR and others and tell them that this is not what we expected in moving into seaweed farming


Sidney-based Cascadia Seaweed has been given $4.3 million by the federal government to establish a 100-hectare seaweed farm and agri-feed processing facility close to Prince Rupert. Cascadia, which combines cultivation expertise, First Nations partnerships and brand development, currently has about 26 hectares of seaweed under cultivation in waters off the province’s coast. Andrew Duffy reports. (Times Colonist)

Filed under: Aquaculture, Around the Salish Sea | 2 Comments »

West Coast gray whale population continues to decline but scientists remain cautiously optimistic -KNKX

Posted on October 11, 2022 by Al Bergstein

The story points out the possibility of this being part of a natural population swing, but…they aren’t sure.


U.S. researchers say the number of gray whales off western North America has continued to fall over the last two years, a decline that resembles previous population swings over the past several decades. According to an assessment by the National Oceanic and Atmospheric Administration Fisheries released Friday, the most recent count put the population at 16,650 whales — down 38% from its peak in 2015-16. Associated Press and Bellamy Pailthorp report. (KNKX)

West Coast gray whale population continues to decline but scientists remain cautiously optimistic | KNKX Public Radio

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New Research Shows Innovative Commercial Fishing Technique Can Aid Wild Salmon Recovery & Support Sustainable Fisheries – Wild Fish Conservancy

Posted on October 7, 2022 by Al Bergstein

Very good news.

OCTOBER 6, 2022— A new study evaluating alternative commercial fishing techniques further demonstrates the critical role commercial fish traps can play in recovering wild salmon and steelhead, improving fisheries management, and providing new sustainable fishing opportunities for coastal fishing communities. The publication confirms the ability of fish traps (or pound nets) to nearly eliminate unintended mortality of threatened salmon and steelhead encountered in commercial salmon fisheries of the Columbia River.

Researchers at Wild Fish Conservancy, alongside Dr. John Skalski of the University of Washington Columbia Basin Research Lab, published a new open access paper in the international journal of Fisheries Research evaluating survival of wild adult salmon after being released from two commercial fish trap sites in the lower Columbia River. The results demonstrated post-release survival at or near 100% for spring and summer-run Chinook salmon and coho salmon released from passively operated fish traps between 2019 and 2021.

“The new publication provides the most clear-cut and irrefutable evidence to date that fish traps can nearly eliminate unintended mortality of threatened and endangered salmon and steelhead during harvest, allowing for sustainable and resilient commercial fisheries that can enjoyed for generations to come,” says Emma Helverson, Executive Director of the Wild Fish Conservancy. “It is rare to find a win-win solution with such widespread benefits for wild fish, orcas, resource managers, and coastal fishing communities.”

In conventional fisheries, a major barrier impeding recovery is the accidental harvest and mortality of threatened and endangered populations by fishers targeting other wild or hatchery fish. Using ancient fish traps as a basic model, Wild Fish Conservancy biologists began evaluating contemporary fish traps in 2016 in efforts to develop a sustainable, alternative fishing practice to conventional gillnetting. The goal was to safely release wild salmon and steelhead in need of recovery, while allowing fishers to selectively harvest those healthier, abundant runs, such as the Columbia River’s hatchery fish. Passively operated traps are engineered to allow fish to remain free-swimming at all times and to eliminate mortality effects commonly associated with conventional fishing methods, including injury from nets, overcrowding, human-handling, and air exposure.

The new publication builds on and validates the results of previous studies evaluating passively operated fish traps on the Columbia River that have consistently shown survival near 100% for adult fall-run Chinook salmon, coho salmon, sockeye salmon, and summer-run steelhead released as bycatch. No other commercial fishing method studied on the Columbia River has demonstrated survival results as encouraging for wild salmon recovery and fish traps are the only gear to be rigorously evaluated through the scientific peer-review process.

The results of this new study also corroborate growing scientific consensus demonstrating that the most sustainable commercial salmon fisheries are those that occur in or near rivers where wild salmon return and use selective fishing techniques like fish traps that are proven to limit or eliminate harm to threatened and endangered bycatch.

“Our research team was completely blown away. When we analyzed the genetic and tag datasets for upriver populations of Chinook salmon heading to spawning grounds or hatcheries above Bonneville Dam, literally every adult Chinook passively captured and released from the fish trap survived the 167 km, 7-day journey to the dam,” said Wild Fish Conservancy biologist Adrian Tuohy. “The study was straightforward and the findings are irrefutable.” 

In comparison to results for the fish trap, the commercial gillnet—the primary tool for harvest on the Columbia River—is known to cause ~49% mortality of threatened wild Chinook salmon encountered in the fishery. The lethal effects of the gillnet are also known to be severe for other fish species that become entangled as fishers target hatchery Chinook salmon, however the true impact of the gillnet to these other threatened salmonid stocks in the Columbia River remains unknown as no post-release mortality data have been collected by state or federal management agencies.

“Few data, if any, have been collected for the gillnet and other alternative salmon fishing methods to understand post-release mortality of bycatch… and hardly any of this work has undergone scientific peer-review,” says Tuohy. “Given the information that is available, it is clear that no other salmon fishing gear has come remotely close to achieving the peer-reviewed results we’ve seen for fish traps when it comes to releasing wild salmon unharmed and allowing for selective harvest of hatchery fish in Columbia River fisheries.”

Findings from this new publication are expected to help guide the Washington Department of Fish and Wildlife (WDFW) as the agency establishes rules for the alternative gear commercial fishery that will legalize fish traps at a localized scale on the lower Columbia River. In 2021, both the Governors of Washington and Oregon made policy and funding commitments to advance selective harvest practices like fish traps as alternatives to nontribal gill nets in the Columbia River. Washington state is currently implementing a voluntary gillnet license buyback program with the objective of redirecting those allocation impacts to alternative gears like fish traps or wild fish escapement.

Beyond the Columbia River, this research is also serving as an important working model to inspire other Pacific Northwest communities seeking sustainable harvest solutions. Wild Fish Cosnervancy is currently partnering with First Nations in British Columbia where the Canadian government has implemented unprecedented fishery closures in 2021 and 2022 out of conservation concerns.

“The situation facing the Columbia River is not unique. Throughout the Pacific Northwest coastal communities and resource managers are facing difficult decisions whether to close or further limit commercial fishing opportunities in order to protect our region’s most imperiled wild salmon,” says Helverson. “These new results could not have come at a better time and we are proud to play a role in advancing much needed solutions that we hope will benefit communities and recovery efforts coastwide.”

More at

New Research Shows Innovative Commercial Fishing Technique Can Aid Wild Salmon Recovery & Support Sustainable Fisheries

Filed under: Around the Salish Sea, Environmental Science, fisheries | Comments Off on New Research Shows Innovative Commercial Fishing Technique Can Aid Wild Salmon Recovery & Support Sustainable Fisheries – Wild Fish Conservancy

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