Numerous battles of Peninsula environmentalist remembered – PDN

Dr. Eloise Kailin was one of the most influential environmentalists on the Olympic Peninsula back in the 1970s through 1990s. Her impacts were profound . She was primarily responsible for the fact that a nuclear power plant was not built on the Miller Peninsula, just across Discovery Bay from Cape George. We in Port Townsend would have been downwind from it.

She is a far cry from a number of today’s environmentalists who feel that getting along with everyone is the goal, or the organizations that they belong to that refuse to take on activist roles in the face of environmental destruction.

Eloise, Hazel Wolf and Helen Engle, all now gone were the core environmental leaders of the Pacific NW for decades and others that followed them, like Kathy Fletcher, Darlene Schanfald, Amy Carey, Caroline Gibson,  learned from all of them. I knew Hazel Wolf and can say that she and these other women did not suffer fools lightly. Who is left to really carry on their legacy? I see a huge gap not easily filled.  By the way, that the PDN leads with her fluoridation battle is not really leading with her big wins. Like saying Bill Clinton,  the former Governor of Arkansas rather than saying he was President.

I’ll leave you with this quote from  Eloise that also ends the PDN article: “This nasty woman knows how to get things done.”

Retired Dr. Eloise Kailin, a Sequim environmentalist whose activism stretched beyond her most recent fight — a successful battle against fluoridation of Port Angeles drinking water — died Saturday of age-related causes at her Sequim-area home, her son, Harvey Kailin, said Wednesday.

http://www.peninsuladailynews.com/news/numerous-battles-of-peninsula-environmentalist-remembered/

Phil Johnson walks on..

This is one of the hardest obituaries I’ve ever written. I knew a small piece of Phil Johnson. I never knew him as he grew up in Port Townsend, on the farm just north of the county fairgrounds. Nor did I know him as he went off to college, and then became a salmon fisherman. Nor when he married the love of his life, Sandy.  Nor the daughter that they had, Maia. I didn’t know him when he became a property owner in downtown PT, nor when he helped a young guy named Rocky buy and restore the Rose Theater.  I didn’t know him as he built homes, and then ran for County Commissioner. But then I got to know Phil when he and I bumped into each other fighting for environmental protections in Jefferson County, first on the Shoreline Master Program, to write in rules to better regulate aquaculture and then to work to ban Atlantic salmon raised in net pens in the Salish Sea. Then on the Jefferson County Marine Resources Committee.

It was hard work. Industry spokespeople verbally trashed us and undermined our work.  Angry citizens that couldn’t understand why the government should do more regulation screamed at public meetings. They are still out there doing that at every opportunity.  It’s not spin. It’s lies or at best a misunderstanding of the issues. A lack of taking the time to understand the issue.  Heads of state agencies patiently listened to Phil’s cogent arguments, then they ignored him. Including heads of agencies still in office today.

Phil didn’t care. He had the creds. He had been here, salmon fishing, and watching the fish vanish. Watching the destruction by boats losing nets, his included. Watched as all sorts of things happened to destroy the fish runs. The growth of non native fish in huge farm lots called net pens. He knew how bad it was, first hand. It was clear that the runs were almost gone, that the Orcas were only indicators of a much wider problem that was much farther along than the pols and business spokespeople wanted to admit. The loss of habitat, the lack of monitoring and enforcement, especially in rural poorer counties like ours hampers our ability to act even when the will is there. There is still a  lack of real funding and enforcement to fix the problems.

He traveled everywhere to share his thoughts with others wanting to listen. And finally, by accident, we had the issue cornered, because of a monstrous breach that couldn’t be covered up by industry PR and bombastic paid spokespeople at public forums interrupting Phil and others. They brought it on themselves by buying the regulatory bodies in the state government that could have told them that they needed to do better. Phil saw the opportunity and wanted to make sure it got accomplished. But he was running out of time.

There was a meeting in Blyn last year, to debate the rules that were about to be legislated into being to stop the rearing of Atlantic salmon and net pens. Phil really wanted to go. I had a van with a bed in the back and we discussed the logistics. We had a plan, but by then, it was too late. Phil was having too many problems with his health to go. So he told me what to say on his behalf.

I was attacked by the industry mouthpiece in the meeting but I  said Phil’s words and held him in my thoughts. In the end it was just one meeting, but additional momentum carried the day in Olympia and Atlantic salmon in net pens were banned. A huge surge of political will, momentum from all sides including many Tribes, who brought great ideas to the table and environmentalists willing to bend and give a little to get it done pushed it through.  But Phil knew that vigilance was necessary and we talked about what to expect next from that industry. He knew it was a long game to be played.

Now he’s gone. He left a legacy of the kind of politics we don’t see much of anymore. Whether it’s the hard core left or right that doesn’t want to compromise but doesn’t understand how to work the system to get things done, to the middle of the road pols that want to please everyone but accomplish nothing that really matters, Phil stood out. He did the hard work. Those of us that managed to catch a bit of that spirit understood. Many of us, myself included, just don’t have the stamina, nor the creds or temperament  that Phil had, to do what Phil did. Maybe at some point we will. But we will carry on. We are all a loose coalition of various people and organizations, often fighting for the same donated dollar, and sometimes at odds with ourselves. But when focused things do change. Phil knew that.

I’m including a short 1.5 minute video here I shot at a day a few years ago, celebrating the work of the Northwest Straits Initiative at the completion of the derelict nets project. Phil left a derelict net down in the Sound once. He knew where it was, knew it was expensive and he didn’t want to lose it but he did, and he also knew it had been recovered. He was grateful. Both for the project and the organization that got it done. Take a few minutes and listen to the late, great Phil Johnson, then go out tomorrow, next week and next year and gather your courage and fight for what you value. There’s plenty to fight for. See you out there.

 

 

 

EVENT: Environmental Lobby Day 1/29 Olympia

In the 2019 legislative session, we have the best chance in over a decade to make real change to protect and sustain Washington’s environment!

Join the Environmental Priorities Coalition and hundreds of activists to push for key environmental legislation in Olympia on January 29.

For the 2019 legislative session, the coalition has adopted four priorities essential for healthy communities and a thriving environment:

Attend Lobby Day
  • 100% Clean Electricity
  • Orca Emergency Response
  • Oil Spill Prevention
  • Reducing Plastic Pollution

During lobby day, you will team up with other activists to speak up for the environment and gain the skills to be a persuasive constituent. You’ll have the opportunity to attend issue briefings, learn how to lobby, hear from environmental champions, and meet face-to-face with your elected officials to advance the Environmental Priorities Coalitions 2019 priorities.

What: Environmental Priorities Coalition Lobby Day
When: Tuesday, January 29, 8:30 am – 5:00 pm
Where: United Churches of Olympia, 110 11th Ave SE, Olympia
Register now during general admission to save your spot!

Ticket Rates:

We offer several rates of tickets to accommodate different financial needs. All tickets include a small breakfast, coffee, materials, and legislative activist training as well as contribute to funding the Lobby Day venue and materials. A boxed lunch can be purchased for an additional cost.

Scholarship tickets are available. The Environmental Priorities Coalition strives to be welcoming and accessible for all Washington residents. To request a scholarship ticket please email Kat at kat@nwenergy.org.

Transportation: Find a carpool with other attendees in your area.

Let me know if you have any other questions, and I look forward to lobbying with you on January 29!

Tony Ivey
Field Organizer

After a decade of litigation, NOAA Fisheries and EPA will prepare a biological opinion on harm caused by Atlantic salmon net pens

From the Wild Fish Conservancy Press Release this morning. It’s unfortunate that those of us concerned about this issue needed to spend 10 years trying to force them to get to this simple issue. NOAA Fisheries have been one of the biggest boosters of net pen Atlantic salmon, never studying the wider effects of pens beyond a few hundred yards away from them. There has never been a wholistic approach to studying the effects of fish waste, food waste, chemicals added to the water, fish escapement, nor the issue that wild fish are attracted to the pens by food. What we learned from the net pen collapse last fall, was that the claims of the industry, repeated by spokesmen for Taylor Shellfish (who support net pens), that there was no way that Atlantic salmon would survive after escapement, were nothing but wishful thinking. Atlantic salmon from the pens were found far up the Skagit River basin and along the north outer shore of Vancouver Island. The misinformation campaigns of these industries that put profit ahead of environment are stunning in their audacity.


After a decade of litigation, NOAA Fisheries and EPA make the 11th hour decision to prepare a biological opinion on harm caused by Atlantic salmon net pens to ESA- listed salmon and steelhead.

The agencies have finally begun formal consultation under the Endangered Species Act (ESA) to evaluate the potential harm caused by Atlantic salmon net pens in Puget Sound October 11th, 2018

Duvall, WA – On the eve of court proceedings over a legal battle Wild Fish Conservancy initiated in 2015, NOAA Fisheries and EPA have entered into formal consultation under the Endangered Species Act, consultation that will lead to the issuance of a biological opinion.

Under the Endangered Species Act, a biological opinion evaluates the extent of harm a proposed action will have on threatened or endangered species and whether such harm could jeopardize the continued existence of the species. Biological opinions also include conditions for monitoring and reducing harmful impacts to protected species.

Considering the abundant scientific evidence that open-water Atlantic salmon aquaculture may harm threatened and endangered salmonid species, Wild Fish Conservancy first argued that formal consultation and a biological opinion was necessary back in 2008, when we argued against the agencies’ decision that Atlantic salmon net pens were ‘not likely to adversely affect’ threatened and endangered species. We won that case in 2010, with the court ruling that NOAA and EPA had failed to use the best available science when making their decision and must reconsider whether a biological opinion is necessary.

Less than one year later, after a brief consultation, NOAA and EPA again decided that a biological opinion was unnecessary. This decision was shortly followed by a large-scale disease outbreak in Atlantic salmon net pens off the coast in Bainbridge Island in 2012, which killed over 1 million pounds of farmed Atlantic salmon during a time when juvenile wild salmon were out-migrating through Puget Sound.

Wild Fish Conservancy again challenged the agencies’ decision to avoid a biological opinion in 2015, a case that prompted NOAA and EPA last week to announce their intention to re-initiate consultation and finally prepare a biological opinion. That decision came only after the Court soundly rejected the agencies’ efforts to dismiss the case and ruled that the duty under the Endangered Species Act to re-initiate consultation does apply to EPA’s underlying action.

Since the case was filed in 2015, we have learned far more about the potential for harm the Atlantic salmon net pen industry presents to wild salmon and steelhead. In 2017, a collapsed net pen off the coast of Cypress Island released over 260,000 farmed Atlantic salmon into Puget Sound, nearly all of which are estimated to have been infected with Piscine Reovorius, a highly contagious and potentially lethal virus that may infect wild salmon. A study in 2018

demonstrated that PRV leads to debilitating disease in Chinook salmon, the primary food source of endangered Southern Resident killer whales.

This case comes at a time when key provisions of the Endangered Species Act are under threat in the United States Congress and underscores the monumental importance of the ESA, an act that has been critical in providing key protections to over one thousand threatened and endangered species across the country.

“While it shouldn’t have taken ten years of litigation for our agencies to realize the necessity of a biological opinion,” said Kurt Beardslee, Wild Fish Conservancy’s Executive Director, “I am glad to hear they have decided to change course, and I am hopeful that a biological opinion will lead to conditions and terms that will limit and monitor the harm caused by net pens to ESA-listed salmon and steelhead.

“Taking the utmost precaution is necessary to avoid the extinction of imperiled Pacific salmon and steelhead species, especially when considering the dire plight of Chinook salmon and the Southern Resident killer whales that are starving due to their struggling population.”

Contact

Kurt Beardslee, Executive Director, 425.788.1167/kurt@wildfishconservancy.org

About

Wild Fish Conservancy is a science & research conservation non-profit dedicated to the preservation, protection & restoration of wild fish ecosystems in the Pacific Northwest. We are headquartered in Duvall, WA. Learn more at wildfishconservancy.org

Wild Fish Conservancy is represented in this matter by the law firm of Kampmeier & Knutsen, PLLC, with offices in Portland, Oregon and Seattle, Washington.

While I was out rafting….

While I was off the grid on the Grande Ronde river with friends, the White House Council on Environmental Quality (CEQ) issued an Advance Notice of Proposed Rulemaking (ANPRM) that sets the stage to roll back NEPA and the environmental review process across the entire federal government. CEQ is currently only offering the public a 30-day comment period.

So we will need to refashion virtually all environmental laws by the time the Trump administration is done. Lots of work ahead. Maybe a lawsuit will be filed to stop this, as it may be illegal to undermine environmental review.

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.

1/19 – Meeting set in Sequim on net pen bills – PDN

You can make your voice heard. Come to this meeting and let our Representatives know what you think, and that there is public support and momentum on the Peninsula for at least two of these bills.  I don’t currently support Chapman and Tharinger’s bill. There is already plenty of science on the dangers of Atlantic salmon in net pens.  They should be supporting a ban on the use of all net pens for non native fish now, and support scientific research (like that going on in Manchester) for the possible use of limited small net pens for native fish, (for unique one off reasons like species reintroduction, etc). Also state funding and support of upland fish farming should be encouraged. It is proven to work elsewhere, but the scale to make it economically viable is difficult. We should be encouraging these efforts, and helping tribes such as the Jamestown S’Klallam to understand if it’s worth doing.

SEQUIM — Sen. Kevin Van De Wege and Rep. Mike Chapman are expected to discuss legislation dealing with Atlantic salmon net pens at a meeting in Sequim. The meeting is set from 4 p.m. to 5 p.m. Friday, Jan. 19 at the Sequim City Transit Center, 190 W. Cedar St.

Three bills related to net pens are making their way in the Legislature: Senate Bill 6086, House Bill 2418 and HB 2260.

SB 6086, https://goo.gl/ruyF9s co-sponsored by Van De Wege, would phase-out the pens as their leases expire.

HB 2418, https://goo.gl/Gn2UNY co-sponsored by Chapman and Tharinger, would delay construction of new nonnative fin fish aquaculture facilities until thorough study, including structural analysis of existing facilities, is complete.

HB 2260 https://goo.gl/k4h8Ln would prohibit Atlantic salmon being used in aquaculture in Washington state.

Read the whole story at:

http://www.peninsuladailynews.com/news/meeting-set-in-sequim-on-net-pen-bills/

 

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