Thane Tienson, prominent environmental lawyer from Astoria, dies at 74

A huge loss to the environmental community in the Pacific Northwest. Our condolences to his family and friends. Who’s willing to step into his huge shoes?

“He changed water rights on the John Day River in central Oregon,” Erik Tienson said. “He was just a freedom fighter for the Pacific Northwest. His life goal was to have The Dalles Dam be blown up, and restore Celilo Falls.”

Read the whole story at:

https://www.dailyastorian.com/news/local/tienson-prominent-lawyer-from-astoria-dies-at-74/article_7a98c5f2-64e2-11eb-9d42-bbdb3ac2477d.html

Court of Appeals Backs Environmentalists: Federal Greenlight of Industrial Shellfish Aquaculture Unlawful

This is the most significant court ruling in decades and likely changes everything about shellfish aquaculture in the Salish Sea. It’s importance cannot be overstated. This blog has covered the trial over the last two years. We have been astonished at the brazen lack of science applied and found during discovery of the Army Corp. of Engineers. The time has come to start applying real science to the selling off of our beaches and virgin bays, converting them to commercial aquaculture farms with no real debate or discussion on “where will this all end”. The creation of this lawsuit was a ‘hail Mary” pass by the environmental groups that brought the suit. If they had lost, likely all future attempts at stopping this insanity would have failed. Congratulations to both the lawyers at the Center for Food Safety and the Coalition To Protect Puget Sound Habitat for their efforts. This is a win for all of us.

Today, the 3-judge appellate panel unanimously agreed with the District Court, holding that the Corps failed to support its approval of NWP 48, violating the Clean Water Act and National Environmental Policy Act. Describing the Corps’ reasoning as “illogical,” the Court focused on its failure to analyze the admitted cumulative impacts of adding industrial-scale shellfish aquaculture to an already-impaired environment, and its reliance on a “limited scientific study” to justify a much broader determination of minimal impacts.

https://www.centerforfoodsafety.org/press-releases/6264/court-of-appeals-backs-environmentalists-federal-greenlight-of-industrial-shellfish-aquaculture-unlawful

Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

On this day, history for both the NW Tribes and all Tribes across this country changed for the better. One of the most important rulings in the history of U.S.< > Tribal relations, no matter which side of this you may have been on. For the Tribes, it showed that the legal system could work for them. For non-natives, it showed that their dominance of the fisheries and other resources was over and that “honoring the treaties” was a not just a hollow phrase. Nothing would be the same again. It also represents the only way forward if we are going to continue to build a coalition that can effectively restore the salmon runs. The Tribes have been the most effective partners in doing this work, as shown by the Jamestown, Elwa and Port Gamble S’Klallam peoples. We raise our hands in thanks for this day. We have little time left to save the runs, and the small incremental progress being made needs to accelerate.



On February 12, 1974, Federal Judge George Boldt (1903-1984) issues an historic ruling reaffirming the rights of Washington’s Indian tribes to fish in accustomed places. The “Boldt Decision” allocates 50 percent of the annual catch to treaty tribes, which enrages other fishermen. At the same time Judge Boldt denies landless tribes — among them the Samish, Snoqualmie, Steilacoom, and Duwamish — federal recognition and treaty rights. Western Washington tribes had been assured the right to fish at “usual and accustomed grounds and stations” by Federal treaties signed in 1854 and 1855, but during the next 50 years Euro-American immigrants — armed with larger boats, modern technology, and the regulatory muscle of the state — gradually displaced them. The campaign to reassert Native American fishing rights began in 1964 with “fish-ins” on the Puyallup River led by Robert Satiacum (1929-1991) and Billy Frank Jr. (1931-2014), who defied Washington state attempts to regulate their fishing. (History Link)

Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

Puget Sound Partnership proposing “Desired Outcomes” for ongoing ecosystem recovery – PSI

New from the Partnership, which is tasked with recovery of Puget Sound. Recovery is not going well. So they are tuning their goal setting. Probably a good thing. But reading the following from the article I worry about the words, “reduce the ongoing costs of recovery”. This comes across as another change of direction that is more worried about costs than results. But I hope I’m wrong.

The Partnership has been a mixed bag over the years. It has mainly been an organization helping large scale projects find the funding and political support they need, narrowing the group attending to what seems to be project managers and government officials. They have always lacked a serious budget to educate the population about the issues that need to change to fix the Sound. It has been underfunded to achieve the goals that it was created to solve. Many of its’ most useful pieces oddly are the monitoring it does to help identify baselines which illustrate it’s lack of progress. Certainly an agency like this is needed, but many of us wonder just how useful this particular version is to the people spending vast amounts of volunteer time attending it’s meetings. So many people have shown up with good intentions only to fade away because of what’s perceived as a lack of progress and inability to really help them achieve their goals. Could there be a better way to achieve the goals of Puget Sound Recovery? As someone who has attended many of their meetings and closely monitored their efforts since they day they were formed, I’m not being critical so much as asking the question, “when will we see real progress at saving the species at risk, and making the Sound more “swimmable, fishable and healthy?” When will we see real efforts at educating the public about this, rather than just assume that everyone is on board for making the hard choices to fix the Sound? The sad reality seems to have been that the deeper we dig into the science, the more monumental are the problems. A good case in point is the finding that road runoff may be a major contributor to the decline of salmon in the Sound. That is not an easy thing to fix quickly. . The declining populations of salmon won’t wait on a bunch of meetings to survive or not. When the Partnership set goals in 2007 to 2010, (and reset them and reset them) they were simple. Do we really need to take time to re-calibrate when the answers have been pretty clear from the beginning? Educate the public for buy in. Identify the projects needed, fund them, measure the results. Recalibrate. The goal should not be to reduce the cost of ongoing recovery. That may be impossible. We have spent hundreds of millions of dollars trying to reverse the decline. If we saw runs of salmon returning in ever increasing numbers, we would be cheering the Partnership on. But we aren’t seeing the fish after 13 years of concentrated efforts. In fact, a recent report I reported on just in the last month discussed that we are losing the battle. What is the Partnership going to do to solve that issue?

“If planners can agree on these general directions, the next step will be to develop individual strategies to improve the ecosystem in ways that improve the efficiency and reduce the ongoing costs of recovery. The final step is to identify individual actions in line with the strategies.“



Puget Sound Action Agenda, often referred to as Puget Sound Partnership’s blueprint for ecological recovery, continues to evolve. The next Action Agenda — scheduled to go into effect a year from now — will incorporate an expanded long-range vision for Puget Sound, complete with broad-based strategies, not just near-term actions. “Desired Outcomes,” the first major component of the next Action Agenda, will be unveiled…(Thursday) before the Ecosystem Coordination Board, the wide-ranging, 27-member committee that advises the Leadership Council in its recovery oversight and strategic planning. A live video of the discussion can been viewed online, as described in the meeting agenda. “Desired Outcomes are statements that describe what we intend to accomplish — the positive change we want to see in Puget Sound,” states a fact sheet describing the next Action Agenda update. The idea is that near-term actions proposed over four years should fit into a larger vision leading to “transformational change and bold progress toward Puget Sound recovery.” Chris Dunagan reports. (Puget Sound Institute)

Puget Sound Partnership proposing ‘Desired Outcomes’ for ongoing ecosystem recovery

Puget Sound Partnership Legislative Agenda

A good way to follow and perhaps participate in the upcoming legislative session.

  leg-update

January 4, 2021
Greetings, friends of Puget Sound!   The 2021 State Legislative session will begin January 11, 2021 and run 105 consecutive days. This email contains helpful resources to navigate this unique session and opportunities to engage with the Partnership during session.    
A COVID-19 Session Here are a few helpful resources prepared by the legislature to help you navigate this unique session due to COVID-19 restrictions. Click here to download a fact sheet that describes remote access for this session. Click here to download the House COVID-19 Sessions Operation Plan. Click here for the Senate session guidelines. As always, the legislature’s website is rich with additional information to help you navigate session.    
Opportunities to engage with the Partnership During the 2021 Legislative Session, the Partnership will offer multiple opportunities to help you (and us!) stay informed about legislative activities that affect Puget Sound protection and recovery efforts.
Legislative Updates. Sent via email and posted to our website periodically during session, the Update summarizes the priority topics we’re following.
Legislative Calendar. Sent via email and posted to our website every Thursday, the Calendar lists upcoming committee meetings involving legislation and information about issues that affect Puget Sound protection and recovery. Calendars will include public hearings where testimony may be offered. Legislative Information Call-In. Jeff Parsons, our Legislative Policy Director, will conduct a call-in meeting on Fridays, from 11:30 a.m. to no later than 12:30 p.m., to review the most important legislative issues we’re following, answer questions, and discuss partner perspectives. The first call will take place this Friday, January 8, 2021. Attendees will receive an agenda each week in advance of the call, usually on Friday mornings. If you are receiving this email, you are already signed up to receive updates by email on one or more of the above topics. If you would like to verify/update your subscriptions (each of the above opportunities has a separate subscription), please click here and follow the prompts. To participate and receive agendas for the weekly calls, please send an email to Don Gourlie at don.gourlie@psp.wa.gov. (If you signed up for this last year, you are already on the list and will receive the call-in instructions and agenda before our first call). If you have questions or concerns about the legislative priorities for the Puget Sound Partnership, please contact: Jeff Parsons, Legislative Policy Director, 360.999.3803. jeff.parsons@psp.wa.gov

Thank you for your contributions to help recover and protect Puget Sound. Connect with the Puget Sound Partnership for breaking news and other events affecting Puget Sound on Twitter and Facebook.  

Puget Sound Partnership Legislative Agenda The Partnership’s Legislative Agenda supports implementation of the 2018-2022 Action Agenda for Puget Sound and reflects priorities that were established in collaboration with our partners, as well as aligning with the Governor’s operating and capital budget requests and the findings and recommendations of the Southern Resident Orca Task Force.      

New whale-watching licensing system will reduce noise, disturbance of orcas.- KNKX

Good news, it appears.


State officials have approved new rules that limit whale watch boats to a three-month season for viewing Puget Sound’s endangered killer whales. They will only be allowed from July through September. The boats may only be near the endangered orcas twice a day — two hours in the morning and two hours in the afternoon. And only three boats at a time near a group of the southern residents. Bellamy Pailthorp reports. (KNKX)

New whale-watch licensing system will reduce noise, disturbance of endangered orcas

Huge Herring Balls in San Juans

Friends of the San Juans have been keeping an eye on the waters of the islands and recently got to witness a herring event! These balls attract a huge number of predators and are a basis of much of the food for whales, birds and other fish. They have given me the ability to publish a few of their shots. With thanks to Jess Newley from Friends of the San Juans for the use of the photos! Might be a good idea to include them in your end of year giving if you can! Also thanks to Anne Schaffer of the Coastal Watershed Institute.

(an earlier version of this post incorrectly identified this as a spawning event.)

“Humpback and flocks of gulls and marine diving birds (the most murrelets we’ve seen in over a decade) are just a few surface ‘tells’ of the seasonal migration underway.“

Lawsuit launched over stalled habitat protection for endangered west coast orcas

It’s about time, the Trump administration has been stalling long enough.


The Center for Biological Diversity filed a notice of intent to sue the federal government today [12/16] for its failure to finalize expanded habitat protections for critically endangered Southern Resident killer whales, whose population has dipped to just 74 orcas. The National Marine Fisheries Service proposed designating 15,627 square miles of new critical habitat in September 2019. The rule would expand current protections in Washington’s Salish Sea south along the coasts of Washington, Oregon and California to Point Sur. The proposed rule followed an April 2019 court-ordered agreement after the Center sued the Trump administration in 2018 for failing to issue habitat protections required by the Endangered Species Act. The Act requires agencies to finalize proposed rules within one year. Today’s notice letter gives the Fisheries Service 60 days to comply. (Center for Biological Diversity News Release)

Lawsuit Launched Over Stalled Habitat Protection for Endangered West Coast Orcas

Victoria and surrounding municipalities are no longer dumping untreated sewage into the ocean. Vancouver Sun

It’s about time…

Horgan replied that it took “an awful lot of people over an awful lot of decades, but we finally did the right thing.”

https://vancouversun.com/news/local-news/i-was-wondering-why-the-water-looked-so-clean-victorias-sewage-treatment-plant-up-and-running

Statewide plastic-bag ban faces likely delay due to COVID-19, supply chain issues. – KNKX


A statewide ban on single-use plastic bags is supposed to take effect on Jan. 1. But proponents are asking for a six-month delay. In a letter to Gov. Jay Inslee, they cite supply-chain issues and health concerns related to COVID-19. Seven groups who supported the law have signed on to the request. Restaurants say that going ahead with the ban would be an additional burden, when they’re figuring out how to remain in business doing mostly take-out orders. And grocery stores say they’ve had trouble getting enough of the thicker plastic and paper bags they would need under the new law. Bellamy Pailthorp reports. (KNKX)

Statewide plastic-bag ban faces likely delay due to COVID-19, supply-chain issues

Sunflower sea stars declared critically endangered on West Coast – Hakai Institute

Another indicator moving the wrong way.


One of the largest sea star species in the world has been listed as critically endangered on Thursday after a global study shows the species population has been decimated by a marine epidemic. The sunflower sea star, once abundant in marine waters from Alaska to Baja California in Mexico, is on the brink of extinction along the West Coast waters in the United States after a marine wildlife epidemic event referred to as the sea star wasting syndrome began in 2013…Oregon State University, along with The Nature Conservancy and dozens of conservation groups, led a groundbreaking study that found 90.6% of the species population has been wiped out and estimated as many as 5.75 billion animals died from the disease since the die-off began. This has led the International Union for Conservation of Nature (IUCN) to list the sunflower sea star (Pycnopodia helianthoides) as critically endangered. Monica Samayoa reports. (OPB) See also: Sunflower Stars Now Critically Endangered  Though sunflower star numbers have plummeted, scientists are holding out hope for these once-common denizens of the Pacific. (Hakai Institute)

Sunflower sea stars declared critically endangered on West Coast

Summary of 2019 Puget Sound environment from the Puget Sound Partnership

  • Short story? Too much not heading in the right direction. Some good news though. Just as a reminder, the Partnership, which was created 2007 with the goal, written into it’s legislation, “It is the goal of the state that the health of Puget Sound be restored by 2020.” Has this goal ever been updated? Not clear. It’s time to revisit that goal. A note: It takes the Partnership a year to evaluate the previous year data. So it’s to be expected, especially with the pandemic, to have this long a period between data and analysis.

The takeaways:

  • Puget Sound waters were warmer and saltier during 2019 – although not as warm as during the “blob” marine heatwave years of 2014-2016. (Unlikely something short term to fix- global issue?)
  • The increase in salinity and temperature throughout the Sound was broadly observed and substantial.Saltier than average conditions have been evident in the Sound over the past three years.
  • Regional snow pack, precipitation, and summer flows were all well below normal. (Better drive less, end fossil fuel use)
  • Atmospheric carbon dioxide (CO2) measurements on the Washington shelf continued their year-to-year increase in 2019 with values near the global average. (see above)
  • Pacific herring spawning biomass declined from 2018, driven mostly by a substantial decrease in the stock at Quilcene Bay, the largest in Puget Sound. (Why is this happening when the PSP has been working on this for over a decade? Was there a specific event in 2019? Over-fishing?)
  • Bottomfish biomass in 2019 was at its highest since 2014, while abundance has remained consistent since 2017, indicating larger fish. (Good news!)
  • Chinook and Chum salmon returns were particularly low during 2019. Seabird abundance and species diversity were similar to that of the previous years, while the number of forage-fish specialists was higher in the first half of the year. (Good news!)
  • Protection Island, Rhinoceros Auklet breeding effort and reproductive success returned to long-term average values in 2019 after three bad years. (Good news!)
  • Marine mammals and seabird densities during fall 2019 at the eastern Strait of Juan de Fuca were low relative to the 14-year record there.
  • Southern Resident killer whales were present in the Salish Sea for fewer days than in any year from 1994–2016. None were present in June for the first time on record. (Really bad news? Nothing helping them in all that has happened in the last 10 years?)
  • Analysis of sediments across Puget Sound reveal the presence of micro-plastics in all samples collected during 2019. With no statistical change of plastic concentrations from year to year, micro-plastics have been found in every sample except one since 2014. (really bad news getting worse)
  • The number of beaches passing the swimming standard from bacterial contamination decreased by a small percentage from 2018 to 2019. (Bad news with 15 years of the Partnership working on this)

Let’s remember the goals of the Partnership since it’s founding:

The Washington State Legislature identified in 2007 six long-term ecosystem recovery goals for creating a resilient Puget Sound:

  • Healthy Human Population—A healthy population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem.
  • Vibrant Quality of Life—A quality of human life that is sustained by a functioning Puget Sound ecosystem.
  • Thriving Species and Food Web—Healthy and sustaining populations of native species in Puget Sound, including a robust food web.
  • Protect and Restored Habitat—A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained.
  • Abundant Water Quantity—An ecosystem that is supported by good groundwater levels as well as river and stream flows sufficient to sustain people, fish, wildlife, and the natural functions of the environment.
  • Healthy Water Quality—Fresh and marine waters and sediments of a sufficient quality to support water that is safe for drinking, swimming, and other human uses and enjoyment, and which are not harmful to the native marine mammals, fish, birds, and shellfish in the region.

Want to read the details on this? Download here: https://www.psp.wa.gov/PSmarinewatersoverview.php

Navy training proposal met with concern – Go Skagit.com

This is a never ending issue. Our Jefferson County Port Commissioners never seem to take this as a serious threat undermining our local parks. Once granted, it is unlikely ever to be “undone.” I’m glad to see the State Parks Commission taking it seriously.

“The public is very reluctant for you to have access to our parks,” Danenberg said. “There’s a creepiness factor that even if you’re never seen, we know it’s happening and it’s making the public uncomfortable.”

Navy training proposal met with concern | Local News | goskagit.com

Tires, Roads and Rain Gardens – Hakai Magazine

We have covered the issues of road runoff before, in articles done from the University of Washington research on Hwy 520. Now more science weighs in about runoff from car tires, recycled tires and the use of rain gardens to mitigate the issue. Also, Jefferson County has been actively trialing rain gardens, sometimes to the amusement of the public. This is another example of rain gardens possibly coming to the rescue.


A stealthy source of pollution leaves the highway in astonishing amounts and heads to sea, toxic chemicals and all. Laura Trethewey reports. (Hakai Magazine)

When Rubber Hits the Road—and Washes Away

To help save orcas, pause whale watching – Opinion at Crosscut

Donna Sandstrom and Tim Ragen give their take on a proposal to possibly protect Orca from excessive noise and harassment. This is a highly contested idea by the whale watching industry and this represents one sides point of view. Read it, do some research and make up your own mind. You can have a say online at the Zoom link noted below.


Suspending commercial whale-watching boats can help southern resident killer whales avoid extinction. Opinion by Donna Sandstrom and Tim Ragen (Crosscut) And, if you like to watch:Sentinels of Silence? Whale Watching, Noise, and the Orca   Ecosong (10/22/20) And, to have a say: Washington Department of Fish and Wildlife Public Hearing on Commercial Whale Watching, Dec. 4, 11:15 a.m. via Zoom

To help save orcas, pause whale watching

New online magazine focuses on the stories behind Puget Sound recovery efforts -PSI

If you are interested in these issues, here’s another source of news. They have done a nice job on this website. Hard to believe it’s taken the Puget Sound Partnership this long to do something like this! But better late than never!

“Making Waves,” https://makingwaves.psp.wa.gov/ a new online magazine from the Puget Sound Partnership, promises to bring us the stories behind the many efforts to protect and restore the Puget Sound ecosystem. Chris Dunagan reports. (Puget Sound Institute)

New online magazine focuses on the stories behind Puget Sound recovery efforts

Controversy flares up over proposed policy revisions for state salmon hatcheries -PSI

This is a never ending story, because neither the Tribes, the sports & commercial fisheries, nor the politicians of any stripe are willing to entertain what is needed, which is an elimination of most hatcheries. Why? Because science has proven they don’t work. We have had hatcheries since at least the 1940s and they have not helped produce more wild salmon, nor added significantly to anything but sports fishing and farmed at a huge cost to taxpayers. (The exception to this is to protect almost extinct runs for tribal subsistence which is a valid concern for cultural survival of our Tribes. )We once had monstrous runs of wild (and free) fish for anyone to eat that would simply go out and catch them. They provided for lower income people in times of need. We have squandered that resource for many reasons, and have infected many of them with virus’ transmitted through farmed fish. We have spent vast resources trying to produce significant runs in hatcheries. None of this has worked. The science says to end hatcheries, but the political football of this issue just won’t let it go away. The future looks like we will lose our wild salmon in favor of robo-fish, farmed and produced simply for human and animal consumption. We do this at our peril. Just look at what one virus, picine reovirus (https://raincoastresearch.org/salmon-farm-impacts/viruses/piscine-reovirus/) has done to farmed fish stocks around the world.

So with that preamble, here’s today’s story>

A state policy revision that could boost salmon production at fish hatcheries in Washington state has raised red flags among scientists and environmental groups worried about potential damage to wild salmon runs.


The proposed hatchery policy, under review by the Washington Fish and Wildlife Commission, could derail a 20-year effort to implement critical hatchery reforms, opponents argue. Major concerns revolve around threats to the future of wild salmon populations — including declines in genetic diversity and increasing competition from large numbers of hatchery fish. At the same time, a variety of sport and commercial fishing groups have thrown their support to increased hatchery production, saying that policies to protect wild salmon have reduced fishing opportunities while doing little to save wild salmon. Christopher Dunagan writes. (Puget Sound Institute)

Controversy flares up over proposed policy revisions for state salmon hatcheries

Murder Hornet Nest, First in U.S., Is Found in Washington State – NY Times

Scientists have found the hive and should be destroying it today. It is a triumph of science over hope to be able to use micro tracking devices to locate what could be a disastrous invasive species.

Salish Sea Shared Waters forum wraps up third and final year of work to reduce risks of oil spills – KNKX

This work brought to you by those who fought for a stronger barrel tax in 2018, against the onslaught of money and influence from the oil refineries in the state. Representative Steve Tharinger co-sponsored this. Representative Chapman and Senator Kevin Van De Wege voted for it. They have been working to protect our Sound. Actions not words. A thing to remember as you fill out your ballot this week.


Washington has been stepping up systems to prevent and reduce the risk of oil spills, due in part to the looming expansion of Canada’s Trans Mountain Pipeline. It could result in as much as a sevenfold increase in the number of oil tankers traveling from Vancouver, B.C., through Puget Sound. In 2018, the state Legislature passed the Strengthening Oil Transportation Safety Act. Among its requirements, along with a barrel tax on crude oil and updates to contingency plans for oil spills, was the establishment of the Salish Sea Shared Waters forum. Bellamy Pailthorp reports. (KNKX)

Salish Sea Shared Waters forum wraps up third and final year of work to reduce risks of oil spills

Dead humpback found in Strait suffered blunt force trauma

We need to slow down ships through the Strait. Work has been going on to get this done, but apparently not in time for this young whale.


A young humpback whale who was found dead in the Strait of Juan de Fuca last week was in good health but appears to have been struck in the head before it died, a necropsy has revealed. The dead animal, which has been identified as a male known as Hawkeye or MMX0094, was first spotted on Sept. 27, according to the Pacific Whale Watch Association. (CBC)

Dead humpback found in West Coast waters suffered blunt force trauma, researchers say