Cliff Mass out at KNKX

University of Washington Professor of Atmospheric Sciences, and well known global warming skeptic Cliff Mass has been terminated from his part time weather discussions on KNKX in Seattle.

But it wasn’t his web site rants against the ‘establishment’ science community and how they have bought into climate change without all the facts. No, he apparently went after the recent protesters in no uncertain terms. This was sent to KNKX supporters today.

At KNKX, we value high-quality, factual information in our news programming and we aim to present an array of voices that reflect our region.

We turn to our regular commentators for their expertise and points-of-view when it comes to sports, food and the weather. But if a commentator, even on his own independent platform, delivers rhetoric that is offensive and inaccurate, we cannot support it.

This is the case today with Cliff Mass. His post on his personal blog compares recent events in Seattle to Kristallnacht, the 1938 pogrom carried out by Nazi Germany and draws distorted, offensive parallels between protesters and Nazi Brownshirts. We abhor the comparison and find it sensationalized and misleading—it does not reflect who we are and what we stand for at KNKX.

The segment Weather with Cliff Mass will no longer air on KNKX.

Sincerely,

Joey Cohn
General Manager

This is the second time he has been ousted from a radio job. In 2011 he was kicked off KUOW, as reported in the Seattle Times,

Mass said the station was particularly peeved over his occasional forays into math education and the controversy over which textbooks to use in local schools. But the final straw came last month, when Mass weighed in to defend and clarify UW’s admission policies after The Seattle Times reported some straight-A local students were being rejected in favor of higher-paying out-of-state applicants.

I was somewhat surprised then when KNKX decided to pick him up. It showed poor judgement on their part.

I’m just surprised that it took this diatribe for KNKX to oust him, rather than one where he challenged that we are not in a crisis situation with global warming. This one he can’t explain away. Let’s be clear, there are a lot of other regional weather meteorologists that can be of as much help as Cliff has been. I have followed Cliff for many years, and even discussed his lack of support for climate change/global warming issues on his blog once. He is the darling of the global warming skeptics crowd.

Goodbye Cliff, you have done your bit to tell people that we are not in any danger of global warming, as the forests of Siberia burn with temperatures 20 degrees over normal, and Paradise is now a real place known to have burned to the ground rather than a mythical nirvana. You have done your damage, and now it’s caught up to you. Bye.

Refinery cancels xylenes project in settlement agreement – Skagit Valley Herold

There is some good news to start the year. The plan for a xylene refinery for overseas shipments is dead. The battle for keeping large scale chemical plants and shipments through the Salish Sea continues, but those who are hoping for less freighter traffic can take this as a tactical win. Of course, the Vancouver port for the Tar Sands crude is the real major threat, with hundreds of more tankers planned for shipping past the San Juans and through the Strait. Whatever could go wrong?


(12/31) A legal battle over a project at Marathon Anacortes Refinery has come to a close after a settlement agreement was reached under which the refinery will scrap its plans to produce xylenes for shipment overseas. The agreement was signed Monday by the Skagit County Board of Commissioners after it had been signed by representatives of the refinery and of various environmental groups that filed a series of appeals against the three-part project. Kimberly Cauvel reports. (Skagit Valley Herald)

Refinery cancels xylenes project in settlement agreement

Congress increases funding for Puget Sound Geographic Program to $33 million

More good news. Thanks to all who worked to push this forward, including Olympic Peninsula House of Representatives Derek Kilmer.This continues to show how expensive it is to recover the vast resources that we have mismanaged for more than a century. This money is all about ‘green’ jobs, as important as our military budget and other supposedly ‘sacrosanct’ parts of the budget that never seem to be questioned at all. We will need billions more as climate change kicks in, in ever larger ways. Luckily, our state and federal representatives seem to get it and are fighting for the money we need.

Attached are two announcements regarding funding for Puget Sound protection and recovery efforts, including:

  • Congress increases funding for Puget Sound Geographic Program to $33 million; and
  • FFY2019 Strategic Initiative Advisory Team (SIAT) Funding Recommendations and LIO-selected NTAs for National Estuary Program (NEP) Geographic Funds.

OLYMPIA— The U.S. House of Representatives and Senate passed a funding bill that will provide $33 million in FY2020 for the Environmental Protection Agency’s Puget Sound Geographic Program, which is an increase of $5 million over FY2019 funding levels. The President is signing the bill into law on Friday.

The Puget Sound Geographic Program funds implementation of the Puget Sound Action Agenda, the long- term plan for Puget Sound recovery developed by the Puget Sound Partnership.

“We know what we need to do to recover Puget Sound, our salmon, and our endangered orcas,” said Laura Blackmore, executive director of the Puget Sound Partnership. “This very welcome funding increase will help accelerate action on the ground to protect and restore this very special place.”

“We are excited to learn of the increase in federal funding for Puget Sound restoration,” said Bill Dewey, director of public affairs for Taylor Shellfish Farms and one of the business representatives on the Puget Sound Partnership’s Ecosystem Coordination Board. “The support from Congress has been instrumental in achieving water quality upgrades in shellfish growing areas all around the Sound.”

The Puget Sound Geographic Program provides funding to state, local, and tribal governments to implement projects to improve water quality, enhance fish passage, increase salmon habitat, and protect shorelines. Several Washington State agencies manage programs to address the three Strategic Initiatives for Puget Sound preservation and recovery: storm-water, habitat, and shellfish.

“It is incredibly rewarding to have the federal government support the amazing work our region is doing to restore Puget Sound,” said Heather Bartlett, water quality program manager at the Washington State Department of Ecology, which leads the Stormwater Strategic Initiative. “Our state has dedicated millions of dollars to restore this critical ecosystem and protect our iconic orca, salmon, and natural resource economy. With this additional federal funding, we will continue to make progress towards a healthy and resilient Puget Sound.”

“The Puget Sound Geographic Program has played an integral role filling a critical funding niche in our regional recovery effort,” said Kelly Susewind, director of the Washington State Department of Fish and Wildlife. “Through the program’s Habitat Strategic Initiative, the Washington Department of Fish and Wildlife, in partnership with Department of Natural Resources, have slowly bridged gaps across institutional silos to achieve on-the-ground change. There is still much to be done, and this funding comes at a critical juncture for the ecosystem that supports our region’s imperiled salmon populations and Southern Resident Killer Whales. The program’s broad support really reinforces its significance to the health of our region, and this investment will continue to move the needle towards a healthier Puget Sound.”

“Many of Washington’s communities were built on our trademark salmon runs. Unfortunately, we’re seeing salmon runs decline, which is hurting our culture, our economy, and our iconic orcas,” said Commissioner of Public Lands Hilary Franz, the director of the Washington State Department of Natural Resources. “I’m heartened to see increased federal investments in Puget Sound, and thankful that our state has such strong congressional leadership fighting on its behalf.”
Additional recovery initiatives receive funding

Puget Sound Partnership releases “State of the Sound” 2019

Let’s just let the Press Release speak for itself. Really, not good news after being chartered to solve this problem last decade. My comments are the highlighted bits.

NEWS RELEASE
December 2, 2019

MEDIA CONTACT: Jon Bridgman, 206.276.5309, jon.bridgman@psp.wa.gov

2019 State of the Sound Report issues a Call to Action for Puget Sound Recovery

The latest biennial State of the Sound Report, released this week, stresses that “…we can still recover Puget Sound, but only if we act boldly now.” This is the scientifically informed assessment of the Puget Sound Partnership, the state agency leading the region’s collective effort to restore and protect Puget Sound.

The Report is clear that Puget Sound remains in grave trouble. The damaging effects of pollution, habitat degradation and disturbance persist. Southern Resident orcas, Chinook salmon, steelhead, and many other species are listed under the Endangered Species Act. Human well being is also affected, for example, by reducing fishing opportunities and threatening human health. Climate change impacts and continued population growth stand to increase pressures on an ecosystem already in peril.

The Report highlights the gravity of our current situation, but also emphasizes the outstanding work of our partners in recovery that has resulted in improvements in the condition of Puget Sound. As the Partnership’s Executive Director, Laura Blackmore states, “while this situation at times seems impossibly bleak, the thousands of passionate people who are devoted to seeing the return of a healthy and resilient Puget Sound give us hope.” This hope is exemplified with three inspiring stories of local communities coming together to advance recovery. The stories address 1) a project to pull up unnecessary pavement by hand at a Tacoma school, 2) a volunteer led effort to locate salmon blocking culverts in Clallam County, and 3) successful collaboration between fish, farm and flood interests in Snohomish County. Together they make a strong statement about how human well being and Puget Sound health are inextricably connected, and mutually reinforcing.

Sufficient funding for the priorities described in the Action Agenda for Puget Sound remains the biggest barrier to recovery. However, the Report’s Call to Action outlines many activities that governments and a range of other partners can do now, without additional funding. The recommendations in the Call to Action highlight how each of us must play our part, to bring the day closer when our rivers once again run clean and teem with salmon, and our shellfish are safe to harvest throughout Puget Sound.

The Report provides the latest information on the condition of the ecosystem—the Puget Sound Vital Sign indicators, made possible by the work of dozens of monitoring programs around the region—as well as statements from the Partnership’s Leadership Council and Science Panel. The Vital Sign indicators show that progress has been reported for 10 of the 52 indicators; however, only 4 indicators are currently meeting their 2020 targets.

This year’s Report also offers an enhanced website with a greater depth of content and data tools. A downloadable version includes both content from the website and further information on funding, legislative and policy developments, and other Puget Sound recovery management updates.

About the State of the Sound

The biennial State of the Sound report is intended to help our partners and decision makers better understand: (1) how well the recovery effort is going, (2) ecosystem health and progress toward Puget Sound recovery goals, and (3) the role each partner can play in achieving Puget Sound recovery. It also responds specifically to state statute (RCW 90.71.370(3)). This report reflects the work accomplished by hundreds of groups throughout the Puget Sound region, including governments, tribes, nonprofits, communities, scientists, and businesses. See www.stateofthesound.wa.gov.

About the Puget Sound Partnership

The Puget Sound Partnership is the state agency leading the region’s collective effort to restore and protect Puget Sound. The Puget Sound Partnership brings together hundreds of partners to mobilize partner action around a common agenda (Action Agenda for Puget Sound), advance sound investments, and advance priority actions by supporting partners. For more information see www.psp.wa.gov.

A day in Seattle without a car

This is for those of you not living in Seattle, but who travel there. I was fortunate enough to get a wonderful sunny warm day to visit the city. I needed to get to a doctor appointment on Capital Hill, a Shiatsu massage following that near Yesler Way in the old Japanese district, and then back to the Ferry terminal.

I could have taken the bus, but the timing didn’t work out. There is a direct bus from the Port Townsend Haynes Park & Ride to Poulsbo, and from that drop off there are direct buses to and from the ferry terminal on Bainbridge. They cost less than $10 in total. I would have had to have left at 6AM though for an 11:30 appointment. I decided to drive and see friends while there in Bainbridge.

Since I cut it close with the ferry and the appointment, I took my first Lyft ride. After downloading the app and linking it to Paypal it was easy to book a ride.  I could have done a taxi after seeing the long line in front of the ferry terminal, and felt a bit guilty, but I had booked it on the ferry coming in. Cost $7.00. My parking in Bainbridge was $13.

After the appointment, I walked to Whole Foods for lunch and then to my Yesler Way massage. Distance, approx. 2 miles.I could have hopped on a trolley but the timing didn’t work and the weather was great. The area from Broadway to Yesler is undergoing massive urban changes with many new low rise apartments going in.  The city is rapidly becoming changed from the days when I lived there, up to 2005.

Following the massage, I walked to Yesler and found a Lime bike sitting there. I had never used one, followed the instructions, downloaded the app and ended up riding the Ebike over Yesler’s hill, past the old Yesler Terrace (which is being/has been torn down for more modern low income housing), and down to the ferry terminal. Cost? $3.75. Taken from my Paypal account. But better than that was that it was fun! Not riding with a helmet was wonderful, though I know some might balk at it. By the way, Yesler has a separate well marked bike lane on it, so you are not competing with cars very much. The Lime bike had plenty of power and good brakes when stopping and starting on a hill. It punches in to get you going then backs off once you are peddling.

What I learned is that while I love to walk Seattle, and usually do, if needing to get around quickly, beyond the usual bus transit, there are a wide variety of easy low cost ways to move around the city without bringing your car, especially if the weather is good.

 

Simulation shows how fast tsunamis could move through Puget Sound after ‘The Big One’ – The Olympian

Good new information on the danger of a tsunamis to us in the Salish Sea. This clarifies that you *have* to get to higher ground quickly, even if you think you are safe. Think about Kai Tai Lagoon and San Juan Avenue in Port Townsend. A fast moving 10 foot wave could easily swamp San Juan from both the North Beach side and the Port Townsend Bay side, coming at people from both directions as they were fleeing down San Juan. Don’t think it’s possible? Review the videos from survivors of the Japanese tsunamis.

The simulation shows 10-foot-tall waves or higher moving through Hood Canal.

Governor Inslee Signs Slew of Orca Protection Bills – Seattle Times and others

This week saw the signing of a variety of bills that came out of the Orca Task Force, put together by Governor Inslee to identify issues that could theoretically help save the resident Orca pod from extinction. While these bills are not the radical (yet realistic) idea of breaching the Snake River dams as many (including this blog) would like to see, they do address a group of problems that are facing recovery and protection of the Salish Sea.

Senate Bill 5135 was written to allow Department of Ecology to ban certain PCBs and PFAs which cause cancer and are found in high amounts in Orca bodies. They may be hampering the ability for them to have healthy  offspring and also may impact their health. Toxic-Free Future was a champion of this bill. Congratulations to them and their supporters. This has been a long hard fight for many years.

Senate Bill 5577 pushes boats farther away from whales, mandating 300 yard exclusion zones. This is not as far as many in the Orca task force wanted, but is at least better than it is currently. There is huge pressure from whale scientists to push back even further, but the whale watch industry is too powerful for Inslee to override.

The bills digest is as follows:

Finds a person guilty of a natural resource infraction if the person causes a vessel or other object to: (1) Approach within four hundred yards of a southern resident orca whale; or(2) Exceed a speed greater than seven knots over ground at any point located within one-half nautical mile of the whales.

Prohibits commercial whale watching operators from approaching or intercepting within six hundred fifty yards in the direction of the whales.

Requires a commercial whale watching license for businesses engaged in commercial whale watching activities.Requires the department of fish and wildlife to implement a limited-entry whale watching license program for the inland waters of the state for all whale species.

What you don’t see is an implementation of even greater enforcement in this bill. It is understood though that Fish and Wildlife may be getting a bigger budget do that.

House Bill 1578 – This bill strengthens our oil-spill prevention portfolio. As some may remember, this author and many dozens of other environmentalists helped push through the rescue tug at Neah Bay in the last decade, with the help of then Representative Van de Wege. This time, Representative Tharinger was part of the sponsors of the new bill. It’s digest reads:

Creates new requirements designed to reduce the current, acute risk from existing infrastructure and activities of an oil spill that could: (1) Eradicate our southern resident killer whales;(2) Violate the treaty fishing rights of federally recognized Indian tribes;(3) Damage commercial fishing prospects;(4) Undercut many aspects of the economy that depend on the Salish Sea; and(5) Harm the health and well-being of residents.

Declares an intent to spur international discussions among federal, state, provincial, and industry leaders in the United States and Canada to develop an agreement for the shared funding of an emergency rescue tug available to vessels in distress in the narrow Straits of the San Juan Islands and other boundary waters.

Currently tankers bigger than 125k dead weight tons are forbidden inside the Strait, past Dungeness Lighthouse. Tankers from 40 to125K tons dead weight are allowed to operate with tug escort. Currently a huge threat is to tugs towing bunker and other fuels. Some have sunk, such as the barge that spilled out on the coast near Neah Bay some years back.

The new law forces these tankers and tug towing barges to have escort tugs starting in 2020. If the tug or tanker is empty,  they do not need an escort tug.

The bill also strengthens the existing work being done on oil spill preparedness and establishes a new oil spill emergency response system with coordination between the State, U.S. Federal, Tribal and Canadian agencies. While there has been coordination before, this system is new.

There is a new reporting regime for oil processing facilities receiving crude oil shipments by rail, which will require them to report to the state these shipments and their routes. This may end up getting taken into court by the oil industry, as it’s unclear to this author whether the State has authority to require this under current Federal law.

Bill 1579 – While part of this bill allows greater catch limits on predator fish:

The commission shall adopt rules to liberalize bag limits for bass, walleye, and channel catfish in all anadromous waters of the14state in order to reduce the predation risk to salmon smolts.

The real teeth in this bill is the work done by Sound Action and other environmental and tribal lobbyists, along with the Department of Natural Resources to implement much stronger rules and penalties for implementing bulk heads along the nearshore of the Sound.  (full disclosure: this author is Board President of Sound Action as of this writing).

The conversion of shoreline to bulkheads  has been going on with little scientific understanding of the scope of damage to the spawning habitat of forage fish. Forage fish are food for salmon and other larger fish. Sound Action has existed specifically to challenge improper or incomplete Hydraulic Permit Applications (HPAs) from DNR that affect this habitat.

UPDATE BASED ON GOVERNOR’S VETO OF ONE SECTION: While The bill was also helped through by a section on a series of three ‘demonstration’ projects inserted by Senator Van de Wege on behalf of farmers coping with flood plain issues in Watcom, Snohomish and Gray’s Harbor County. Governor Inslee decided that these projects did not come out of the Orca Task force recommendations and were not in alignment with the needs of protecting fish habitat, but rather protecting farm land and exploiting river gravel. His veto of that section was in alignment with the opposition  by environmentalists and Tribes because of the stated intention of the backers of the language to ‘extract gravel’ from these rivers. What is needed in the future to address these problems should involve something similar to  a version of the highly successful Dungeness River Management Team, which brought together all the stakeholders on that river for the last 20 years to identify and then come up with appropriate solutions rather than leap to conclusions not based on science.

Anyone wanting to understand the work that the Dungeness River Management Team has done can view the short video I did for them a few years ago, on their 20th Anniversary.

 

The language that the proponents of Senator Van de Wege’s bill wanted, was to simply move to solution, based on assumptions and not science. They need, as the governor pointed out in his veto to at least have to go through the process to create a team of stakeholders, not just from the farm community, but from individuals and state scientists to come up with appropriate solutions.

So all in all, congratulations to the organizations that spent hundreds of hours in the Orca Task Force, and thanks to Governor Inslee for getting this done and helping drive these key bills into law! We still have a long way to go to save the resident pod, and there is no guarantee any of these bills will actually turn the tide to restore them to health.

https://www.seattletimes.com/seattle-news/environment/gov-inslee-signs-range-of-bills-aimed-at-helping-endangered-orcas/

Sewage Treatment Appeal Filed in State Court to Protect Puget Sound

This has been a known problem and long running battle at the State level by environmental organizations since the early 90s. Standard excuses, too expensive to do, etc.  As stated to me by a knowledgeable friend, “Muni sewage plants and industrial facilities directly discharging to the Sound are supposed to have permits re-written every five years to “rachet down” on discharge pollutants as new technologies became available. EPA didn’t make the state do much more than some minor cosmetic remedies because municipalities said they’d have to raise rates and industries said the costs wouldn’t be worth the amount of pollution reduction of secondary.”  Who was running Department of Ecology in 1991 when that happened? The environmental champion, Christine Gregoire. And so it goes. The death from a thousand cuts.

“Olympia (WA) – An environmental group sued the Washington Department of Ecology in state court today in its bid to modernize pollution removal at Puget Sound sewage treatment plants. In January, Ecology refused to update its rules that allow dischargers to use 100-year-old pollution control technology while Puget Sound faces emergency levels of toxic and nutrient pollution.
“It’s well past time for the Department of Ecology to stop relying on 100-year old technology to protect Puget Sound,” said Nina Bell, Executive Director of Northwest Environmental Advocates (NWEA). “We’re not driving around in Ford Model T’s so why are we still using sewage treatment technology from that era? Modern sewage treatment would help clean up Puget Sound and protect struggling populations of Chinook salmon and orca whales,” she added.
NWEA sought a change in the 31-year old rules that Ecology uses to define modern technology by filing a petition with the agency on November 14, 2018. Ecology denied the petition on January 11, 2019. NWEA appealed the denial to Governor Inslee on January 30, 2019; he has 45 days in which to respond.
The petition explains that although Ecology has identified sewage discharges as the primary cause of some of Puget Sound’s biggest pollution problems, it has taken no action. Inadequate treatment of sewage is causing widespread algal blooms, low levels of dissolved oxygen, wholesale food web changes, ocean acidification, and toxic threats to orca whales, salmon, and crab according to Ecology’s own studies.
The petition is based on state law that requires pollution sources to use the best available treatment technology. The 74-year old Washington law, referred to as “AKART,” requires the use of “All Known, Available, and Reasonable Treatment” for pollution prior to its discharge.
NWEA’s petition details the widespread use of modern sewage treatment in the United States. For example, sewage treatment plants discharging to Chesapeake Bay and Long Island Sound have cut their nutrient pollution by almost 60 percent. In contrast, very few cities in the Puget Sound area have modern technology, and Ecology has only required one to do so—the LOTT treatment plant in Olympia.
Today’s lawsuit was filed in Thurston County Superior Court on behalf of NWEA by Andrew Hawl y, of the Western Environmental Law Center, and Bryan Telegin, of Bricklin & Newman, LLP.”

Petition seeks upgrades to Puget Sound Treatment Plants – Kitsap Sun

This upgrade would cost cities tens of millions of dollars. While it’s a noble goal, and one that should eventually be implemented for the health of the Salish Sea, poorer counties like Jefferson and Clallam would be put in a very difficult position financially. There is no money coming out of Washington D.C. to fund these efforts anymore, thanks to the folks who elected our current President and Senate. You can’t have both an anti-environmental President and expect to get help to do such things as improve the sewage outflows of our rural cities.  As to the State of Washington providing for these upgrades, given the current demands of culvert replacement and the McCleary Decision, I wouldn’t expect any funding for this anytime soon, if ever. By the way, I’ve heard that Port Townsend is reaching the end of life of it’s sewage treatment plant, and is making plans to eventually look at tertiary treatment. But it’s really expensive.

An environmental group, Northwest Environmental Advocates, is calling on the Washington Department of Ecology and Gov. Jay Inslee to invoke a 1945 law in hopes of forcing cities and counties to improve their sewage-treatment plants.

https://pugetsoundblogs.com/waterways/

Scientific study on issues of intertidal structures that cross water

This 2017 scientific study on the issues of intertidal structures just was sent to us. Worth listing her for future reference.  Thinking about the Hood Canal Bridge here, among others.

Executive Summary
For hundreds of years, people have built water crossing structures to enable the transportation of people, livestock, vehicles, and materials across rivers and other bodies of water. These structures have often created barriers to fish passage, an issue which has recently drawn intense scrutiny due to concerns over impacts to anadromous fish. While much work has focused on the impacts of freshwater crossing structures, inter-tidal structures have received less attention. This may be due to the importance of passage for adult anadromous fish in freshwater, and that bidirectional flows in intertidal environments complicate interpretation of structures as barriers. Intertidal water crossing structures likely have adverse impacts on juvenile life stages of fish due not only to impacts to passage, but also to impacts to estuarine habitats extensively used by these species as rearing environments. Examining the impacts of intertidal water crossing structures only through the lens of fish passage therefore misses key aspects to how these structures can affect fish.
In this report we review literature on intertidal water crossing structures and how they affect fish that depend on intertidal habitats for passage during migration or for extended rearing during early life stages. Our findings are important for establishing fish passage criteria, providing design guidelines, and identifying key data gaps for future research of intertidal water crossing structures.

 

greene-et-al.-2017-review-on-intertidal-water-crossing-structures-and-fish-1

Tidal forests offer hope for salmon – Puget Sound Institute

Wonderful short article that highlights a goal we can (and actually are in many places) work towards, which is estuary restoration. Small fish hang out in these places. There are just these kind of places on the Dungeness and other rivers here on the Peninsula. Not so much on the Elwha. Give it a read.

https://www.eopugetsound.org/magazine/is/tidal-forests

 

Washington court: Fish and Wildlife can regulate land to protect fish – Capital Press

An extremely important ruling has come down at the Washington State Supreme Court on Thursday. The  unanimous ruling affirmed the right of the Washington State Department of Fish and Wildlife to regulate construction on dry land above the normal tide lines in order to protect fish. This enormously expands the scope of the Hydraulic Permit Code and will likely have great consequences for Governor Inslee’s hand in making policy decisions for protecting additional salmon habitat for Orca recovery. I’m sure that the plaintiffs might wish they had never brought this before the Supreme Court. But there’s also caution for environmental organizations that may celebrate the ruling.

From the case itself. It offers a good basic understanding of what these Hydraulic Permit Applications are and when they are required.

This case asks us to determine the geographic scope of permitting authority delegated to the State of Washington Department of Fish and Wildlife  (Department) over hydraulic projects. A “hydraulic project” is defined as “the  construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.” RC_W 77.55.011(11).
Entities seeking to undertake hydraulic projects must apply for and obtain permits from the  Department before commencing work. RCW 77.55.021. In this case, a coalition of  Washington State counties (Counties) challenge the Department’s statutory authority to regulate the construction or performance of work that will occur exclusively above the ordinary high-water line.
The Hydraulic Code requires anyone planning to undertake a hydraulic project to obtain a preconstruction approval permit from the Department to ensure “the adequacy of the means proposed for the protection of fish life.” RCW 77.55.021(1).
The Department can deny or condition a permit only for the purpose of protecting fish life. RCW 77.55.021(7)(a). The Department’s regulatory authority encompasses hydraulic projects, which are defined based on their effects on waters of the state rather than their location relative to those waters. See RCW 77.55.011(11).
An HPA [hydraulic project approval] is required for all construction or repair/replacement of any structure that crosses a stream, river, or other water body regardless of the location of the proposed work relative to the [ ordinary high-water level] of state waters.
An HPA is also required for bridge painting and other maintenance where there is potential for paint, sandblasting material, sediments, or bridge parts to fall into the water.
ISSUE
Did the legislature intend to limit the Department’s permitting and regulatory authority to cover only projects that take place at least partially at or below the ordinary high-water line?
CONCLUSION
We hold that under the plain language of RCW 77.55.021, the Department’s jurisdictional grant of permitting authority includes upland projects that meet the effects test set forth in RCW 77.55.011(11). We further hold that the effects test requires reasonable certainty, not absolute certainty. Finally, we defer to the expertise of the Department to determine which upland activities meet the effects test. Accordingly, we affirm the trial court’s order.
The findings are that WDFW has authority to require HPAs for upland projects that fit the scope of the legal codes. That the requirements can be done by reasonable certainty and not a strict legal finding of certainty,  which gives much greater leeway for WDFW to issue requirements for an HPA. Lastly, the Supreme Court defers to the expertise of the Department  to determine which activities meet the requirements.
This last finding may be a double edge sword. What if the Department is wrong in a finding, siding with a developer who has huge resources and proposes enormous or highly unusual trade offs for the idea of “no net loss”?  What if they don’t decide to force an HPA (or agree with a developer intent on massive environmental change) and an environmental organization challenges that? The ruling here seems to give much greater leeway to excesses of the Department in both directions. That may not be as positive a win for environmental organizations as it appears. It requires close oversight to make sure that the law is narrowly applied to appropriate projects, while also ensuring that bureaucrats are not simply rubber stamping inappropriate and possibly habitat destructive projects.
Here’s a link to the ruling:

Read the Capital Press story here:

https://www.capitalpress.com/ag_sectors/water/washington-court-fish-and-wildlife-can-regulate-land-to-protect/article_ea1e014c-f97a-11e8-859d-7f550b7b3843.html

 

 

 

Chinook Salmon season begins Monday in Puget Sound – KING

Get your rods and reels ready.

Chinook salmon season is always fun and exciting for anglers, but there are rules to follow to help sustain the population. This year the Washington State Department of Fish and Wildlife is giving recreational anglers fewer opportunities to fish for Chinook in both the Columbia River and ocean waters compared to recent years. Tribal fisheries also face more restrictions to protect the salmon. Nonetheless, anglers will be out in full force during the season and can catch and keep hatchery chinook. In certain areas, (Marine Areas 9 and 10), anglers can keep one hatchery Chinook. Michelle Li reports. (KING)

Chinook Salmon season begins Monday in Puget Sound

Getting out there…

By Al Bergstein. All photos are copyrighted, and require permission to reuse. Thanks.
Bedwell Harbor Evening

A moment of Zen

I just finished a couple of weeks of getting outside again with friends. Getting out there was something I got hooked on early. Boy Scouts and a trip to back of beyond in the Quetico Superior Lake Boundary Waters. Countless books from the library on exploring. I never made the goals I set back then, but in many ways am still living them.

We started by rafting on the Grande Ronde in Eastern Oregon and ended with a sail to Campbell River from Port Townsend including a few stops in Desolation Sound.

It once again reinforces my basic belief that no matter where you go, at their core, most people are good folks, wanting to do the best to protect the wild and the scenic. While there is a resource extraction industry that our current administration wishes to give total run of doing what they want with the wild, there is also a huge industry that makes it’s living on recreation. It can’t be either or, it has to be a middle way, not an ultimatum.

On the Grande Ronde and around it,  a network of businesses supply the river rafting and fly fishing crowds. Even though we left the put-in with at least a dozen other boats, there were still lots of places to camp, and the feeling of being in the wilderness was quite complete. There was very little trace of anyone else having been there before us, though we knew there had been thousands. Good work folks.

grand ronde putin

Grande Ronde put in

Grande Ronde

On Admiralty Inlet, though, we twice had to capture birthday balloons that had left their parties and ended up floating around where wild creatures could eat them or get entangled in them. The folks letting the balloons loose likely never imagined that they were turning them into ocean garbage.  At the same time we were retrieving the lost balloons, a sailboat racing team on their way to Hawaii in a very competitive race lowered their sails and took the time to free a turtle they passed entangled in human ocean debris. In both cases, it was people stopping their forward motion for just a few minutes to do a small thing to save our ever diminishing wild resources. Read to the end of the story on the sea turtle to get the dramatic punchline.

Along the way to Dodd Narrows, we passed orcas breaching and spy hopping. We were drenched in a torrential downpour in Dodd Narrows. We saw a whale (likely Minke) feeding off our beam in the middle of the Strait of Georgia and more orcas crashing and splashing nearer to Powell River. We were tricked by the sea numerous times, thinking we saw something that was a tug boat, no, a lighthouse, no a tug, and in the end, a lighthouse in the middle of 600 feet of water. The top of a mountain sticking out of the middle of the Strait of Georgia.

We had an exhilarating downwind run with a pulsating following sea for hours from Naniamo to Hornby, as fine a day as I’ve ever had under sail. After arriving at Hornby, we helped two young power boaters get their boats safely to the dock, and for our efforts they rewarded us with fresh salmon they caught that afternoon. We played music for some of our neighbors on  the dock, including Debbie Bowles and her husband Marc. Debbie is an outstanding illustrator it turns out. Here’s two of her pieces of work, with her permission.

cr=w 1200,h 750,a cc

cr=w 1200,h 750,a cc

 

All serendipity. Would have never happened unless we put ourselves there, purposely.

Desolation Sound is still there, in all it’s glory. The site of two young paddle-boarders we passed, with guitar on one of their backs and full packs strapped to the boards heading off into the wilderness shows that you don’t need an expensive boat to go do something you’ll never forget.

We sailed through coves with people living on floating shacks, their sailboats tied alongside. Trudged for hours to find a decent meal, just because we wanted a change from the boat food for a night while in harbor.

We trolled the junk stores of Campbell River. After swapping the boat for my car, so my friend’s partner could join him, I stopped by the Campbell River museum and saw an outstanding exhibit of native masks and narratives on their story.  It was the first time I really understood how the masks were used in ceremony and storytelling. The exhibet that describes how the tribes lost 90% of their people to disease and other factors is amazing.

Lastly, as the Black Ball “Coho” crossed the Strait of Juan de Fuca on a picture perfect sunset, we were treated to spouting whales in the near distance.

Work is how we get ourselves out there. It’s means not the ends. The wild is what’s left of a world that once dominated us and fed us. Now we increasing think we dominate it, or so some of our so called ‘leaders’ think.  Tell that to our neighbors in Puerto Rico, or any of  dozens of other places around the globe. As the planet heats up and the poles melt we may find we have made a deal with a devil that was not what we bargained for. For thousands of years, here in the Northwest salmon were a free food that sustained humans and wild systems alike. Native nations are right in worshiping the fish.  What more could you ask for than a constant supply of high quality protein swimming by your front porch almost all year?  We have squandered that and are now struggling to save what’s left. There are hard decisions needing to be made. This week, Canada imposed a 200 meter distance to keep boaters away from Orcas with up to a $100K Cdn fine for violators. It’s causing huge backlash and no one really knows if it’s going to help. But it’s only a small symbol of the hard decisions that we as a society will have to make to actually save ourselves, let alone our planet’s current ecosystem.  And if we fail, the planet will heal itself again without us, as it has over hundreds of millions of years. Just float down the Grand Canyon to get a sense of scale and how easily we can find ourselves as fossils in layers in the rock.

We can’t change what’s happening, we can only develop the tools to cope with it. As most of humanity always has. It’s part of what gives me a small amount of hope.

So do it. Get out there. Recharge. And when you come back, get back in the fight. There is more at stake than ever.

Paddleboarders in Desolation Sound

Paddleboarders with guitar and packs head into Desolation Sound.

 

 

 

Tied U.S. Supreme Court decision means Washington must remove barriers to salmon migration -Various publications

This is huge.  The question is, “where will the money come from?”  Something is going to have to give from the State budget. Will it be social services? Environmental protections? Or will the State raise gas taxes to fund the work? But to be clear, if we want to save salmon runs from extinction, along with the resident orcas, we will have to continue to do costly work to protect our natural resources. There is not much time left for them, given a warming planet.

The U.S. Supreme Court is leaving in place a lower court order that forces Washington state to restore salmon habitat by removing barriers that block fish migration. The justices split 4-4 Monday in the long-running dispute that pitted the state against Indian tribes and the federal government. The tie means that a lower-court ruling in favor of the tribes will stand. Justice Anthony Kennedy stepped aside from the case because he participated in an earlier stage of it when he served on the 9th U.S. Circuit Court of Appeals…. At issue is whether Washington state must fix or replace hundreds of culverts. Those are large pipes that allow streams to pass beneath roads but can block migrating salmon if they become clogged or if they’re too steep to navigate. Hal Bernton reports. (Seattle Times) See also: Will the state learn from another loss on tribal fishing rights?  Daniel Jack Chasan reports. (Crosscut)

Tied U.S. Supreme Court decision means Washington must remove barriers to salmon migration

Swinomish Tribe and others sue Army Corp over lack of eelgrass protections

Somehow this lawsuit slipped my review. It came out in late April and adds to the growing group of lawsuits seeking to protect yet another of Puget Sound’s key habitat, eelgrass.  As the suit states: “Native eelgrass beds serve as nurseries, cover,and feeding grounds for threatened Puget Sound Chinook salmon, Dungeness crabs, and other aquatic species.”

You may have seen the “No anchor zones” in Port Townsend Bay that are there to help boaters avoid damaging these fragile underwater forests.

The Swinomish Tribe, along with Earth Justice and others, challenges the Army Corp of Engineers and it’s  Nationwide Permit 48,( NWP 48) which came out last year. NWP48 authorizes large-scale commercial shellfish aquaculture without mandatory avoidance or minimization measures to protect eelgrass.

From the lawsuit filing: The Corps’ first nationwide permit covering shellfish aquaculture issued in 2007 applied only to active commercial shellfish operations which had a state or local permit. As reissued in 2017, NWP 48 reaches beyond active commercial shellfish operations to cover any area that was used for commercial shellfish aquaculture at any time within the last 100 years. This definition extends into “continuing fallow” areas, which are areas that previously had shellfish operations at some time, but not since 2007 when the first NWP 48 was issued. NWP 48 contains measures requiring avoidance of eelgrass beds in “new” operations that have never been cultivated, but makes those mandatory avoidance measures inapplicable to eelgrass beds in continuing fallow areas. In North Puget Sound, thousands of acres of so-called continuing fallow areas have mature eelgrass beds, yet NWP 48’s mandatory avoidance measures are not applicable to these fallow areas.

Throughout the development of NWP 48, the Tribe urged the Corps to adopt
avoidance and minimization measures to protect eelgrass. The Corps considered various avoidance and minimization measures, such as extending the same protection afforded for new shellfish operations to eelgrass in continuing fallow areas or limiting the shellfish aquaculture methods that may be used on eelgrass beds to those that minimize damage to the eelgrass. In the end, however, the Corps adopted NWP 48 without any avoidance and minimization measures to protect eelgrass. It left the development of such protective measures to the discretion of the
Corps’ district engineer when reviewing specific projects to verify whether they comply with NWP 48.

This case challenges the application and implementation of NWP 48 in North
Puget Sound in areas with eelgrass beds for violating three laws and their implementing regulations.

Follow this link to the Corps complaint. It’s 31 pages long.

Swinomish lawsuit against Corps 3522 1 Complaint

Groups Challenge Army Corps of Engineers’ Refusal to Protect Puget Sound Shorelines

Corps’ Seattle District violates Clean Water Act, endangers Sound recovery
May 21, 2018

Seattle, WA —A lawsuit filed today against the U.S. Army Corps of Engineers (“Corps”) charges that the agency has refused to assert its Clean Water Act jurisdiction over most shoreline armoring in Puget Sound, and that endangered species and Sound shorelines are suffering the negative impacts of the Corps’ continued inaction.

Washington Environmental Council, Sound Action and Friends of the San Juans filed the suit after the Corps rejected a science-based government recommendation to correct its unlawful definition of the Seattle District Corps’ jurisdiction over shoreline armoring projects.

The coalition, represented by Earthjustice, is calling for federal oversight of shoreline armoring by raising what the Corps’ Seattle District considers the “high tide line” in order to better protect at-risk species and the shorelines themselves. The lawsuit also calls for a response to the groups’ 2015 petition asking for jurisdictional decisions on four shoreline armoring projects. The groups contend a strong federal policy to protect shorelines is critical to Puget Sound recovery.

“Shoreline armoring impairs the health of Puget Sound by damaging nearshore habitat important for forage fish that feed salmon,” said Mindy Roberts, Puget Sound director for Washington Environmental Council. “Currently, federal agencies don’t consider impacts from these structures, because their definition of what constitutes ‘the shoreline’ is too lax.”

Background

Armoring is the placement of hard structures — boulders, jetties, seawalls — on shorelines to help prevent erosion. The Corps is required by law to review proposed armoring projects up to the “high tide line,” which is generally the line at which land meets the water. But the Corps’ Seattle District uses a much lower tidal marker (known as the “mean higher high water” mark). As a result, the Seattle District does not review the majority of armoring projects in Puget Sound.

The Corps’ failure to assert jurisdiction means there has been no federal oversight of whether most armoring projects in the Sound meet the Clean Water Act, the Endangered Species Act or any other federal requirement.

Further, the Corps recently rejected an interagency recommendation to use a higher tidal marker, in violation of the Administrative Procedure Act, which prohibits arbitrary and capricious agency actions. In rejecting the recommendation, the Corps ignored sound science and the law.

“The Corps has known for years that its high tide line marker in Puget Sound is unlawfully low,” said Anna Sewell, Earthjustice attorney for the plaintiffs. “But the Corps put its head in the sand and rejected a science-based recommendation from three regional federal agencies — including the Seattle District Corps itself — to protect 8,600 acres of shoreline area by raising that marker.”

This troubling lack of federal support puts Puget Sound shorelines at risk of further deterioration, particularly when shoreline armoring is well documented to be one of the most significant risks to the Sound.

“Puget Sound is already on the brink of collapse due to continued habitat loss, and it’s critical that the laws put in place to protect nearshore ecosystems are both followed and enforced,” said Sound Action Executive Director Amy Carey. “Unless we act now, the forage fish, the salmon and the orcas that are so desperately struggling to survive will be lost forever. It’s up to all of us to ensure this doesn’t happen — and it starts by holding the permitting agencies accountable for doing their jobs.”

“By disavowing its statutory authority, the Corps has shielded harmful projects from a review of their impacts on critically endangered and culturally vital Northwest species,” added Kyle Loring, staff attorney, Friends of the San Juans. “Its high-tide interpretation also leaves state and local governments on their own, at a time when our publicly-funded agencies should be working together to do everything in their power to protect what remains of our region’s rich heritage.”

The Corps must respond to the lawsuit within 60 days.

Reporter Resource

Read the brief.

Future of orcas takes center stage at Salish Sea conference – PSI

It was worth spending even a day at the Salish Sea Conference. If you get a chance to go, you should.

Gov. Jay Inslee joined former Interior Secretary Sally Jewell to open three days of science talks at the Salish Sea Ecosystem Conference in Seattle. The conference includes about 700 scientific presentations on topics ranging from orcas to habitat restoration, from climate change to toxic chemicals.

https://www.eopugetsound.org/magazine/ssec2018/opening

Navy wants to use more Washington state parks for stealth SEAL training – Seattle Times

Just say no to this insanity! Please let your state and federal representatives know how you feel.

The Navy wants to use 29 state maritime parks for stealth SEAL training, but state parks officials have yet to begin a review of the plan and say approval is no sure thing.

https://www.seattletimes.com/seattle-news/navy-wants-more-washington-state-parks-for-stealth-seal-training/?utm_source=marketingcloud&utm_medium=email&utm_campaign=Morning+Brief+3-12-18_3_12_2018

State investigation finds Cooke’s negligence was primary cause of Atlantic salmon net pen collapse

NEWS RELEASE

Washington Department of Natural Resources -Washington Department of Ecology -Washington Department of Fish and Wildlife

January 30, 2018

OLYMPIA – State investigators have determined that an excessive buildup of mussels and other marine organisms on nets – caused by Cooke Aquaculture’s failure to properly clean them – led to the August 19 collapse of the company’s net pen at Cypress Island.

An investigative report – authored by the departments of Natural Resources (DNR), Ecology, and Fish and Wildlife (WDFW) – found that 110 tons of mussels and plants had accumulated on the nets before the incident. The report was released today at a news conference in Olympia.

The investigation determined that tidal currents pushing against the tremendous mass of organisms on the nets overwhelmed the pen’s mooring system and crushed the pen.

Extensive corrosion of the net pen structure also contributed to the collapse.

In addition, the agencies identified shortcomings in engineering practices that likely contributed to the failure.

Properly designed and maintained net pens would have withstood the tidal currents of August 19.

“The collapse was not the result of natural causes,” said Hilary Franz, Commissioner of Public Lands. “Cooke’s disregard caused this disaster and recklessly put our state’s aquatic ecosystem at risk.”

“The results of our investigative report clearly show a significant violation of Washington’s water quality laws,” said Ecology Director Maia Bellon. “Cooke Aquaculture could have prevented this failure.”

“Cooke made this situation even more difficult by under-reporting the number of fish that escaped during the net-pen collapse, and over-reporting the number it recovered afterward,” said Amy Windrope, WDFW’s north Puget Sound regional director.

Growth of mussels and other marine organisms on nets – called “biofouling” – is documented in state agency videos that show a “rain” of mussels falling off nets as debris from the collapse was removed.

The severe biofouling produced 110 tons of material – an average of 11 tons per net.

Cooke’s Failure to Act

Prior to the collapse, Cooke was aware of both the excessive biofouling and the poor condition of the facility.

The report details how Cooke didn’t follow its net pen cleaning schedule when broken net washers were not repaired or replaced. This allowed mussels to accumulate on the nets, which increased the drag from currents and added pressure to the structure.

Cooke also failed to take necessary precautions after the net pens were moved out of position in July when strong currents broke ten mooring points.

Cooke documents show that after the July incident, the company had serious concerns about the facility. An internal company email stated, “We almost lost the farm.”

Nevertheless, after the July incident, Cooke considered, but did not:

·         Replace the biofouled nets,

·         Begin their salmon harvest early, or

·         Increase monitoring of the net pens and have a tug on standby when strong currents were again expected on August 19.

The report notes that state agencies did not investigate the July incident because they received incomplete and misleading information from Cooke.

More Salmon Escaped Than Cooke Reported

The report also found that Cooke misrepresented the number of fish it harvested when the pen collapsed. According to the report:

  • There were 305,000 fish in the net pen prior to failure.
  • Cooke reported harvesting/extracting 145,000 fish from the collapsed net pen.
  • The investigation concluded that Cooke could only have extracted between 42,000 and 62,000 fish.
  • Therefore, between 243,000 and 263,000 fish actually escaped. Previous estimates, based on Cooke’s reports, put the number of escaped fish at 160,000.
  • Of the escaped fish, 57,000 have been caught.
  • Between 186,000 and 206,000 Atlantic salmon remain unaccounted for.

The report concludes that monitoring through the winter and next fall’s salmon run season will be critical to knowing if any escaped Atlantic salmon remain in Washington’s waters and if they are reproducing.

Commissioner Franz is currently reviewing the report and will make an announcement about the future of the Cypress Island facility in the coming days.

In December, DNR terminated Cooke’s lease of state aquatic lands in Port Angeles, citing a failure to maintain the facility in a safe condition.

Ecology intends to take enforcement action against Cooke Aquaculture for violating Washington’s water quality laws.

This multi-agency report included information collected during and after the incident, interviews with Cooke staff, and an engineering review of the failure.

More documents and information is available at www.dnr.wa.gov/atlanticsalmon.

# # #

MEDIA CONTACTS
Carlo Davis

Communications Director

Department of Natural Resources

Office: 360-902-1101

Cell: 360-999-9165

carlo.davis@dnr.wa.gov

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