A Quote worth noting on Refuge Management

Posted on April 27, 2026 by Al Bergstein

As the controversy over the possible transfer of management and ownership of the Dungeness Wildlife Refuge and Protection Island to the Jamestown S’Klallam Tribe continues, I was sent this quote which sums up the issue of approving this transfer. At the moment, the Refuge decision making process is theoretically one for the protection of its wildlife for all of American citizens. Yes, that’s not always what happens. But in this case, for 100+ years, I think it has been done well. It is worth remembering that the Tribe is attempting to engage in commercial aquaculture (for their financial benefit) at the very edge of the Refuge, with criticism coming from some key biologists as to the effects of this on the very species that the refuge is supposed to protect. To be clear, in 2024 the US Fish & Wildlife Service signed over management of the Dungeness Spit and Protection Island to the Jamestown Tribe in a deal with virtually no public input that will pay the Tribe at least $500,000 annually and allow them to commercially harvest non-native oysters in a 50-acre parcel within the Refuge. Now a bill in Congress would give the Tribe total ownership as part of their reservation allowing them to determine all rule making and audiences for those rule making processes. This makes this quote all the more important in the decision making process of granting this request.

Jean Pratschner wrote Sequim City Council:

My husband Greg Pratschner (deceased) was a regional administrator of USF&W, all over the country. He often worked with tribal groups, very familiar with their agendas, programs, and abilities, often brought them into the Federal programs and helped with scholarships, training, grants, projects. He was awarded many honors for his inclusionary concepts in co-management. We had many Native friends. But, he often felt the goals and perspectives were not on the same page when it came to fisheries and refuges. He could never go against or find a legal way or option to alter a bad aspect of their programs, and always felt there was no argument or decision that he could use to make them comply with a negatively contrived agenda about an issue. His hands were always tied, by ultimately BIA power, that had no concern for non -Native viewpoint, only one opinion or goal would be followed. Native opinion. He always had to bend. Always. Sometimes it turned out less than good for all parties.

Filed under: Clallam County, Endangered Species, Environmental Law, Environmental Protection | Tagged: , | 4 Comments »

WA Fish and Wildlife panel confronts high tensions and harsh testimony – Washington Standard

Posted on April 21, 2026 by Al Bergstein

The never ending drama of the State Wildlife Commission continued with an open session allowing comments from both sides in the controversy. We urge the Governor to take steps to remove Director Kelly Susewind. The Governor never had any need to follow the lead of the hunters associations as they hated him from the beginning and never would have voted for him in the past or the future. These attacks on Commissioners nominated for their environmental protection stance and the ability to follow science rather than the hunting communities perceived needs to kill bears. This continues attacks across the country on environmental protection under this radical regime in Washington D.C. that fuels this behavior.

Commissioner Smith is a local environmental activist from Jefferson County. I’ve known her and worked with her and her husband Darrell for decades. She was part of the team that lobbied congress to get Protection Island turned into a National Wildlife Refuge in 1982. She has fought for wolf and cougar protection along with protecting bears from slaughter. This hunting often leaves orphaned cubs in its wake. There is no one more qualified to fight to protect the issues of the environment than her. If the Governor abandons her, it will be a stain on his supposed environmental credentials for the rest of his term.

From the Washington Standard:

Surly public comments are a staple of Washington Fish and Wildlife Commission meetings, revealing the deeply personal stakes of those fighting over how far the state should go in protecting various species or allowing for hunting or fishing.

But last week’s session carried a slightly harsher tone, fueled by an investigation into whether commissioners violated open meetings and public records statutes ahead of a decision in 2022 to ban spring bear hunts, and a federal civil rights lawsuit filed against the agency’s director by a commissioner targeted by the probe.

The meeting took place Thursday to Saturday in Olympia. Speakers vented grievances with decisions of the citizen panel, actions of individual members and leaders of the Department of Fish and Wildlife, which the commission oversees. Some called for commissioners to resign, others for agency Director Kelly Susewind to be fired.

Read more at

Washington Standard Article

And support local journalism by donating to it if you can.

Filed under: Eastern Washington, Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, Government, Politics | Tagged: , | Comments Off on WA Fish and Wildlife panel confronts high tensions and harsh testimony – Washington Standard

WA Fish and Wildlife commissioner accuses agency director of retaliation – Washington Standard

Posted on April 5, 2026 by Al Bergstein

In a lawsuit, the commissioner and a wildlife group leader say department leaders manufactured allegations against them because they questioned their decisions.

The ongoing passion play attacking the environmental “wing” of the Washington State Fish and Wildlife Commission continues. This battle between the environmental wing and the hunters wing has gone from bad behavior to truly ugly.

To understand this issue, other than reading the good article on the Standard, found here: Washington State Standard Article you have to understand that this stems from a debate over whether hunters should continue to be allowed to kill bears in our state.

The commission, which is nominated by the Governor, has been a lightning rod for hunting groups nationwide. The current Commissioner, Lorna Smith, who lives in Jefferson County and has been employed by an NGO that is anti-bear and cougar hunting, is under attack by these hunting forces and oddly enough, the head of WFW department, Kelly Susewind and Deputy Director Amy Windrope. The Commission is in charge of overseeing Susewind’s department!

To add to all this, Governor Ferguson, who ran on an environmental ticket, in an early move to apparently throw an olive branch to the hunting community, fired former commissioner Tim Ragen. That act enraged environmentalists who said that Ferguson was reneging on pledges to help the very people who got him elected.

There is so much more to this soap opera. It wouldn’t be so pathetic if the killing of bears weren’t at stake. Do we really need to hunt this animals for money anymore?

Please read the Standard’s piece for a more detailed overview.

Filed under: Environmental Activism, Environmental Law, Environmental Protection, Government | Tagged: , , , , , | 4 Comments »

Washington may ban sales of farmed octopus

Posted on January 16, 2026 by Al Bergstein

The Washington State Standard is reporting on a new bill, that will outlaw the sale, possession, transport, and distribution of farmed octopus. The bill was sponsored by our own Representative Adam Bernbaum (D-Port Angeles).

The full story is at the link above, but let me just state my support for this bill. In fact, our family stopped eating octopus and squid years ago, and you should consider not eating it as well.

Octopus have been around on this planet for millions of years longer than us. They appear from many studies to show human like traits and exhibet pain and suffering similar to us. The study, found here from none other than the London School of Economics showed distinct traits of sentience in these creatures along with many other similar creatures, i.e. cuttlefish, crab and squid.

I think that we can easily do without these on our dinner plates. I hope you join me and my wife in supporting House Bill 1608 and the previous bill 1153 that outlawed octopus farming in Washington and the new one that ends the economic market for these creatures.

Filed under: Aquaculture, Environmental Law, Environmental Protection, Washington State | 1 Comment »

Northwest just finished warmest fall on record, scientists report and NCAR Research shutdown

Posted on December 18, 2025 by Al Bergstein

The Washington State Standard is reporting that not only did we finish the year with the warmest year on record but our recent rain will not do much to help the ongoing drought in central and eastern Washington. Why? Because it’s falling as rain and not as snow.

This record warm spell includes all temperature data going back to 1880. These floods, this warming, is exactly what scientists have been predicting for decades. Now we reap what we have sown in fossil fuel use. So what is the government doing? It’s shutting down research on the atmosphere.

The Trump Administration has announced the closing of the greatest atmospheric research lab in the world, at National Science Foundation’s National Center for Atmospheric Research (NCAR), the largest federal climate research lab outside Boulder in Colorado. This cynical ploy to rob of us global climate data is directly linked to the fossil fuel industry that underpins this administrations every action. Every drop of gas one buys is funding this destruction of our most valuable commodity, the scientific research to understand the processes of our planet. The announcement was made by OMB chair Russell Voight, the author of Project 2025. His statement said, “This facility is one of the largest sources of climate alarmism in the country…” without providing any evidence except his own opinion.

The Governor of Colorado stated, “Climate change is real, but the work of NCAR goes far beyond climate science,” Polis said. “NCAR delivers data around severe weather events like fires and floods that help our country save lives and property, and prevent devastation for families. If these cuts move forward we will lose our competitive advantage against foreign powers and adversaries in the pursuit of scientific discovery.”

If you supported Trump and the politicians who make up his sycophant society you are helping support these disastrous decisions that continue to destroy our country and turn us into something resembling the Soviet Union or worse. Clearly our Senators and House members do not support this shut down of NCAR Colorado. Is this the kind of country you want to leave to your children and grandchildren?

This is not Making America Great Again, it’s an attempt to create a totalitarian government based on the beliefs of the fossil fuel industry. Better rethink your support of this maniac and act now to stop him before it’s too late. Send your donations to the ACLU and other organizations fighting for out rights. Contact friends in Red states to make sure they have heard this news and tell them to contact their Federal representatives to overturn this insane dictate.

You can support a green economy now by buying or leasing electric vehicles, walking and biking whenever possible, donating to the national organizations fighting the administration in court and supporting local farmers who strengthen our resilience to the effects of climate change .

Our hope is when this administration is finally out of office, that we can rebuild better the destroyed institutions that they have worked to eliminate in the name of the gas station of yours down the street. But that will take more than words on a blog. It takes every one of us doing something to change the direction of this out of control ship of state.

https://www.nbcnews.com/science/climate-change/trump-administration-break-climate-research-center-ncar-rcna249668

Filed under: Climate Change, Environmental Activism, Environmental Law, Environmental Science, Global Warming, Government, Olympic Peninsula, Politics | Tagged: , , | Comments Off on Northwest just finished warmest fall on record, scientists report and NCAR Research shutdown

Military accepting public comment on environmental impact statement

Posted on December 12, 2025 by Al Bergstein

here we go again…thank you for the Peninsula Daily News for covering this story. The whole story link is found at the bottom of this article.

While I normally in the past would’ve suggested you send in your comments, it’s been my experience that the Navy takes them says thank you very much and then totally ignores them. The only thing that stops them are court orders, but send your comments in nevertheless. It might be useful in court.

SILVERDALE — The U.S. Navy and U.S. Coast Guard are accepting public comment regarding the environmental impact of at-sea military training activities through Jan. 19.

The services are jointly preparing a supplement to the 2015 Northwest Training and Testing (NWTT) final environmental impact statement (EIS) and the 2020 NWTT final supplemental EIS to assess the potential environmental effects associated with continuing at-sea military readiness activities, according to a press release from Navy Region Northwest.

At-sea military readiness activities include training, research, development, testing and evaluation activities, and range modernization and sustainment.

Those activities would occur on and beneath the water surface and in the airspace within the study area.

The study area, which does not include any land or overland airspace, consists of areas offshore of the Washington, Oregon and Northern California coasts, inland waters of Washington and the western Behm Canal in Southeast Alaska.

Comments may be submitted via the project website at www.nepa.navy.mil/nwtteis or by mail to: Naval Facilities Engineering Systems Command Northwest; Attention: NWTT SEIS/OEIS Project Manager; 1101 Tautog Circle, Room 102, Silverdale, WA 98315-1101.

Read the rest of the story in the Peninsula Daily News today at the following link. please subscribe to the Peninsula Daily News to support local journalism like this .

https://www.peninsuladailynews.com/news/military-accepting-public-comment-on-environmental-impact-statement/

Filed under: Around the Salish Sea, Endangered Species, Environmental Law, Environmental Protection, Olympic Peninsula, Salish Sea, Straits of Juan de Fuca, Washington State | Tagged: | 1 Comment »

Update on Sen. Murray’s Wild Olympics Bill Advances Through Senate Hearing

Posted on December 12, 2025 by Al Bergstein

Senator Murray’s Wild Olympics Bill Advances Through Senate Hearing on Wave of New Sportsmen Endorsements Calling for Permanent Protection of Wild Olympics.

from the Wild Olympics Coalition:

Dear Wild Olympics Supporter, 

We’re excited to share the great news that Senator Murray’s Wild Olympics bill advanced through a key senate hearing this week on a wave of new sportsmen endorsements who sent a letter to the Committee calling for swift passage of the Wild Olympics Act. This brings the total number of Sportsmen endorsements backing Wild Olympics to nearly 40. The successful hearing is a testament to the fact that your calls, letters, emails and social media posts continue to power the Wild Olympics forward. But above all it’s a testament to Senator Murray’s tenacity and her commitment to getting her and Representative Randall’s Wild Olympics Wilderness & Wild & Scenic Rivers Act across the finish line this congress. So please take a moment to like her facebook post on the hearing and thank her in the comments for fighting to protect the Wild Olympics, and then read her full press release on the successful hearing at the bottom of this email below. 

Washington, D.C. —  Today, U.S. Senator Patty Murray (D-WA) advanced her Wild Olympics Wilderness & Wild and Scenic Rivers Act through a hearing before the Senate Energy and Natural Resources Public Lands Subcommittee, a key milestone in the legislative process toward becoming law. The hearing came after a wave of new endorsements from sportsmen organizations—including the Washington Chapter of Backcountry Hunters & Anglers and the Washington Council of Trout Unlimited—who sent a letter urging the Committee to pass Wild Olympics to protect hunting, fishing and salmon streams for the future against the increasing threats to public land. The new endorsements bring the total number of sportsmen organizations backing Wild Olympics to nearly 40.The Wild Olympics Wilderness & Wild and Scenic Rivers Act, which Senator Murray reintroduced in May with U.S. Representative Emily Randall (D, WA-06) would permanently protect approximately 125,000 acres of Olympic National Forest as wilderness and 19 rivers and their major tributaries—a total of 464 river miles—as Wild and Scenic Rivers. 

“The movement behind our Wild Olympics legislation continues to grow year after year thanks to the tireless work of our coalition of sportsmen, conservationists, Tribes, businesses, local leaders, timber communities, shellfish growers, and so many others,” said Senator Murray. “Today’s Senate hearing is a significant step forward for our effort to permanently protect key areas of the Olympic National Forest—a crown jewel in Washington state—while preserving world-class recreation opportunities and supporting local economies. As long as I’m in the Senate, I won’t stop fighting to win the support we need to get our Wild Olympics bill across the finish line and protect these treasured areas on the Olympic Peninsula for generations to come.”

The bill’s inclusion in the hearing came after Senator Murray took to the Senate floor in August to block a public lands package that did not include the Wild Olympics bill. On the Senate floor, Murray said about the Wild Olympics Wilderness & Wild and Scenic Rivers Act: “It is a carefully drafted, it’s a thoughtful piece of legislation and the grassroots support for this bill has only grown over the years. That is exactly the kind of bill which should be included in a bipartisan public lands package. I would invite the Senior Senator of Utah to visit the land this bill covers to help protect our Olympic National Forest… I hope in the future we can work together in drafting a public lands bill that does include legislation like my Wild Olympics bill.” Video of Senator Murray’s remarks on the Senate floor is HERE.

Designed through extensive community input to conserve ancient forests and pristine rivers, protect clean water and salmon habitat, and enhance outdoor recreation, the Wild Olympics Wilderness & Wild and Scenic Rivers Act would set aside the first new wilderness on Olympic National Forest in over four decades and the first-ever protected wild and scenic rivers on the Olympic Peninsula. With a strong foundation of overwhelming local support, the bill has made steady progress each successive Congress—passing the House with bipartisan support twice before and passing out of the Senate Energy and Natural Resources Committee last Congress for the first time in the bill’s history. 

“The forests, rivers, and wilderness of our region shape how we live, work, and play. And for communities around the Olympic Peninsula, access to these resources can make or break local economies,” said Representative Randall when the bill was introduced in May. “This bill protects the remote wilderness we treasure while ensuring access where it is essential for livelihoods, recreation, emergency response, and cultural practices. Protecting our natural resources also means protecting local economies, livelihoods, and Tribal Sovereignty. I’m grateful to all who have shaped this bill and Senator Murray for her leadership to secure the future of the community we proudly call home.”

Senator Murray and former U.S. Representatives Norm Dicks and Derek Kilmer spent years gathering extensive community input on the Olympic Peninsula to craft the carefully balanced legislation, which was first introduced in 2012. It would permanently preserve ancient and mature forests, critical salmon habitat, and sources of clean drinking water for local communities, while also protecting and expanding world-class outdoor recreation opportunities like hiking, camping, boating, hunting, and fishing. No roads would be closed, and trailhead access would not be affected.

Senator Murray worked extensively with local and regional timber interests to remove any currently viable timber base from the proposal to ensure the legislation would have no impact on existing timber jobs, as confirmed in a 2012 Timber Impact Study by the respected independent Forester Derek Churchill.

Aberdeen Forest Products Consultant and Former Timber CEO Roy Nott said in his July 10th 2019 testimony before the House Natural Resources Committee, “My own experience as a CEO and Entrepreneur is that our area’s natural treasures—which provide world-class outdoor recreation, clean water and our area’s high quality of living—are what give us a competitive edge over other regions in attracting and retaining the talented people new companies require.  Wilderness and wild and scenic river protections would help protect and grow the local jobs that depend on our ability to compete for talent against other regions, and they would enhance our recruitment efforts as we work to grow new businesses in the future. And as a former Timber Industry Executive, I appreciate that (the) final compromise proposal was scaled-back to ensure it would not impact current timber jobs.” 

Today’s committee hearing came on a recent wave of other new local endorsements also rallying behind the Wild Olympics Wilderness and Wild & Scenic Rivers Act against the backdrop of increasing threats to public land. The new additions bring the total number of local Olympic Peninsula & Hood Canal region endorsements to more than 800 endorsers, including the Quinault Indian Nation, Quileute, Lower Elwha Klallam and Jamestown S’Klallam Tribes; now nearly 40 local sportsmen organizations and fishing guides; the mayors of Port Angeles, Port Townsend, Westport and other local elected officials; businesses and CEOs; farms and faith leaders; conservation and outdoor recreation groups; and many others. Additionally, more than 14,000 local residents have signed petitions in support. 

Below are just a few of many local testimonials in support of the Wild Olympics Wilderness & Wild and Scenic Rivers Act:

Chairman Ron Allen, Jamestown S’Klallam Tribe: “As stated in the Northwest Indian Fisheries Commission’s “Treaty Rights at Risk” report, “Salmon recovery is based on the crucial premise that we can protect what habitat remains while we restore previously degraded habitat conditions.  Unfortunately, significant investments in recovery may not be realized because the rate of habitat loss continues to outpace restoration.  The resulting net decline in habitat demonstrates the federal government’s failure to protect the Tribes’ treaty-reserved rights.”  In an era where we are witnessing unprecedented rollbacks of environmental safeguards on federal public lands, the Wild Olympics legislation would permanently protect some of the healthiest, intact salmon habitat left on the Peninsula. It is our heritage and cultural principles to protect the lands and waters Nature provides, as well as the natural resources she sustains.  Therefore, we do continue to support and urge swift passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act.” 

Chairwoman Frances Charles, Lower Elwha Klallam Tribe: “The Lower Elwha Klallam Tribe (“Lower Elwha”) strongly supports the proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act. We believe that it represents a fair compromise between potentially competing interests of preservation, economic use, and recreation. This legislation creates 126,600 acres of new wilderness and nineteen new wild and scenic rivers designations in the Olympic National Forest, the Olympic National Park and Washington State Department of Natural Resource-managed land. For Lower Elwha, the most important aspect of these new designations is the increased protection for salmon habitat. And we appreciate that it expressly acknowledges the fundamental interests and expertise of all treaty tribes in the restoration of fish habitat. This is an important complement to our ongoing successes, along with our federal and State partners, in restoring Elwha River fisheries in the aftermath of dam removal.” 

Connie Gallant, Chair, Wild Olympics Campaign (Quilcene): “We are so grateful for Senator Murray and Representative Randall’s leadership at this critical time for our public lands. The local momentum for the Wild Olympics Act has never been stronger and the need for its protections for our ancient forests & salmon streams has never been greater.”  

Bill Taylor, President of Taylor Shellfish Farms (Shelton): “The Wild Olympics legislation will help protect our state’s shellfish industry, including hundreds of shell fishing jobs in Hood Canal alone – and many more in related industries like processing, shipping, and sales. It protects the rivers and streams vital to the health of our hatcheries and to the health and restoration of Puget Sound. Our oyster beds depend on the clean, cold, silt-free water that drains off Olympic National Forest into Hood Canal. Protecting these watersheds allows our industry to grow, expand and continue to benefit the economy and ecology of Washington State.” 

Ashley Nichole Lewis, Bad Ash Outdoors (Taholah), Sportsmen For Wild Olympics and Member of the Quinault Indian Nation: “Wild Olympics protects the Olympic Peninsula’s ancient forests, free-flowing rivers and salmon streams for the future,” Nichole Lewis stressed. “It will protect fishing, boating and hunting access without closing any roads, but it also permanently protects some of the last healthy upstream salmon and steelhead habitat left on the peninsula.” 

State Representative Steve Tharinger, 24th Legislative District (Sequim): “It is easy to see and understand the ecological value of the Wild Olympics idea, conserving clean and free-flowing rivers, but what is sometimes missed is the economic value that maintaining places like Wild Olympics brings by attracting people to the special outdoors of the Olympic region. I want to thank REI and Patagonia for engaging local community leaders like myself to help design the map, and for recognizing that encouraging people to get out and enjoy the special places in the Wild Olympics proposal brings economic benefits to the communities I represent.” 

Fred Rakevich, Retired logger and 49-year veteran of the timber industry (Elma): “I am a retired logger who worked for fifty years in the timber industry. I have also fished and kayaked most of the major rivers in the Olympics. I was born and raised in Grays Harbor, but have traveled halfway around the world. In all my travels, nothing impressed me more than the natural beauty of the Olympic Mountain Range and the clear running waters that begin their journey flowing toward the lands below. Timber is and always will be part of the Olympic Peninsula’s proud heritage. But our ancient forests and wild rivers are the natural legacies we will leave to our children and grandchildren. The bill protects our natural heritage while respecting our timber heritage.”

Casey Weigel, Owner & Head Guide of Waters West Guide Service (Montesano) and member of Sportsmen for Wild Olympics: “Through hard work and our passion for our rivers and fishing, my wife and I have grown our small business enough to be able to help 3 other year-round and seasonal local guides support families, who love fishing just as much as we do. I support the Wild Olympics Wilderness & Wild & Scenic Rivers Act because our rivers and our salmon are our lifeblood and, without them, businesses like ours, the local jobs they support, and the dollars they bring into our local economy would dry up. The Wild Olympics proposal would simply make the current safeguards protecting our rivers on the Olympic National Forest permanent. That’s all it does. It doesn’t change access or cost timber jobs. And if it did, I wouldn’t support it, because my family works in the timber industry. There are many challenges facing our rivers and salmon, with lots of debate and millions of dollars spent trying to help restore clean water and habitat downstream. But one basic, simple piece of the foundation we can put in place now that won’t cost any of us anything, is to permanently protect the healthy habitat on the federal lands upstream against any misguided attempts to develop them in the future. That’s why I am a proud supporter of the Wild Olympics Wilderness and Wild & Scenic Rivers Act. For Our Future.” 

State Senator Mike Chapman, 24th Legislative District (Port Angeles): “I have been very excited about the economic & recreational opportunities Wild Olympics will bring to the Olympic Peninsula. With REI and Patagonia’s support, our corner of the world is now attracting visitors from all over. Wild Olympics is our future, for fresh air, clean water, pristine forests, and future generations!” 

Dave Bailey, former President of the Grey Wolf Fly Fishing Club in Sequim, WA & co-founder of Sportsmen for Wild Olympics: “People think that because our salmon streams on Olympic National Forest appear as they’ve always been, that they are safe. Unfortunately, that’s the furthest thing from the truth.  There are determined threats underway to sell-off public land, roll back current safeguards and open these sensitive spawning streams to small hydropower development, industrial clear-cutting and more road building once more.  That’s bad for fish, game, and sportsmen.  This legislation is critical to preserve what we have.” 

Douglas Scott, Owner of Exotic Hikes and The Outdoor Society (Hood Canal): “Outside my door, the river, forests and mountains of the Olympic Peninsula beckon me to hike and climb. In the Northwest corner of the contiguous United States, far from the hustle and bustle of the big cities, our glacial-fed rivers, full of salmon and surrounded by majestic eagles constantly inspire millions of locals and visitors to the region. Each year, over four million outdoor recreation enthusiasts head to the region, hoping to find a slice of natural beauty in pristine forests and impossibly gorgeous river valleys. As an author, tour guide and advocate for the Olympic Peninsula, I have witnessed the importance of nature and outdoor recreation in the Pacific Northwest. Thanks to the support outdoor enthusiasts from all walks of life, passing the Wild Olympics Wilderness & Wild and Scenic Rivers Act will help ensure that even more of the stunning scenery will be protected and accessible for all. I am proud to Support the Wild Olympics. Come visit and fall in love with the beauty of rainforests, wild rivers, and breathtaking adventures and you will too.”

A fact sheet on the Wild Olympics Wilderness & Wild and Scenic Rivers Act is available HERE.

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Washington’s last coal power plant will transition to natural gas – Washington Standard

Posted on December 11, 2025 by Al Bergstein

The Washington Standard is reporting on the conversion from coal to natural gas for the Chehalis power plant. The roots of this go back to the 2000s, when People For Puget Sound (I was a board member and lobbied for our legislative priorities) , The Sierra Club and many other environmental groups started lobbying to shut down the plant.

Finally, almost 20 years after we started the efforts we are just now seeing the conversion discussed as happening soon. There was no mention in the article about *when* the conversion would happen, only that it *is* going to happen. The company (a Canadian firm) waited until the very last month of the very last year before they would have legally been mandated to announce the conversion rather than the shut down of the plant. It has to be asked whether or not the Legislature, in their 2011 agreement couldn’t have simply pushed the deadline to 2012 and we could have seen the coal particulate gone 13 years ago? How many more cases of cancer did we see and have to pay for medical bills between then and now? We’ll never know.

Obviously, this shift to natural gas, another fossil fuel, only minimally reduces our need on those fuels or the harm to the environment. It does reduce the particulates in the smoke that causes cancer, but continues to accelerate our slide towards an unstoppable global warming scenario.

Once again, our politicians acted with no urgency, in the benefit of a foreign corporation who exploited their lack of urgency to the last minute they could. Wonder how much lobbying money went to the swing votes in that legislation? Again, who knows. Those politicians are long gone, maybe even to the company itself. It is no wonder that the voters continue to see little value in the political class who seem undermine every effort to protect the environment and take the lobbying money thrown at them by the very people they are supposed to be protecting us from being harmed by their industries.

“And so it goes.” Kurt Vonnegut, Slaughterhouse Five

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ToxicDocs database of industry documents

Posted on October 9, 2025 by Al Bergstein

From the Press release of Collaborative for Health and Environment.

Greetings CHE Community,

I hope you’re all doing well on this 10th annual Children’s Environmental Health Day! This national observance offers opportunities to raise awareness, celebrate successes, and share new initiatives protecting children’s health.

To mark the day we’re sharing a new collection of articles from leading experts in the latest issue of the SF/Marin Medical Society Journal. See commentary from Dr. Bruce Lanphear,Dr. Anne-Louise Ponsonby, Nse Obot Witherspoon, and others in a special children’s environmental health section of the journal, available now in the CHE Resource Library. See the full list of articles and authors below.

For those in Northern California — there’s still time to get your tickets for our in-person fundraising event on Sunday, October 26 to support our Zero Breast Cancer program! You’ll hear UCSF’s Dr. Kimberly Badal and CHE advisory team member Dr. Ted Schettler discuss cutting edge research on chemical mixtures and breast cancer risk, and enjoy a gorgeous seaside walk along the Bolinas bluffs. If you’re not in California — or can’t make it but would like to contribute — please make your donation here. Many thanks to those who’ve already purchased tickets! 

We hope you can join us for these upcoming webinars:

On Tuesday, October 14 at 11am PT/2pm ET we will host ToxicDocs: A database of once-secret chemical industry documents. The ToxicDocs website contains millions of pages 

dusty pile of paper documents

of industry documents about lead, asbestos, silica, PCBs, and other toxic substances. This collection includes internal memoranda, emails, slides, board minutes, unpublished scientific studies, and other documents that became publicly available through toxic tort litigation. The resource has been tapped by researchers, journalists, and others exploring environmental health risks. In this webinar one of ToxicDocs’ founders, Dr. Merlin Chowkwanyun, will give an overview of this growing dataset, introducing the interface, explaining the technology behind it, and offering a tour of the searchable content. RSVP here.

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Plan to expand WA’s tugboat escort requirements for oil tankers stirs pushback

Posted on August 15, 2025 by Al Bergstein

The escorts are meant to help reduce oil spill risks in waters around the San Juan Islands, Bellingham and Anacortes.

In the late 1990s and early 2000s People for Puget Sound pushed for an escort tug to protect the Strait of Juan de Fuca. After enormous lobbying (and resistance from the industry and the Coast Guard) our State Representative at the time, Kevin Van de Wege, got the bill passed through and into law. The tug has assisted dozens of ships in mechanical trouble since then. Now Friends of the San Juans are promoting this new effort, which could significantly improve the chances of spill protection in the event of a mechanical breakdown.

Support this effort.

Originally published in Salish Current.

https://salish-current.org/2025/08/12/effort-to-dial-up-oil-spill-prevention-meets-pushback/

Filed under: Around the Salish Sea, Environmental Law, Environmental Protection, Straits of Juan de Fuca | Tagged: , | Comments Off on Plan to expand WA’s tugboat escort requirements for oil tankers stirs pushback

Legal Settlement Reached for Endangered Species Act Decision Deadline for Olympic Peninsula Steelhead

Posted on July 17, 2025 by Al Bergstein

This just in from the Wild Fish Conservancy

Contacts:
Emma Helverson, Wild Fish Conservancy, 484- 788-1174, emma@wildfishconservancy.org
John McMillan, The Conservation Angler, 360-797-3215, john.mcmillan@theconservationangler.org    
Brian Knutsen, Kampmeier & Knutsen PLLC, 503-841-6515, brian@kampmeierknutsen.com

For Immediate Release
July 16, 2025

EDMONDS, Wash.— The Conservation Angler and Wild Fish Conservancy reached a settlement agreement with NOAA Fisheries establishing a deadline requiring the agency to issue its long-overdue finding on whether Olympic Peninsula steelhead warrant protection under the Endangered Species Act (ESA).

Under the court-ordered deadline, NOAA Fisheries must complete its 12-month finding on the organizations’ petition to list Olympic Peninsula steelhead under the ESA by December 1, 2025. The decision was originally required by August 1, 2023, following the agency’s initial positive finding that Olympic Peninsula steelhead may require federal protection.

The settlement was reached in a lawsuit filed by the conservation groups challenging NOAA Fisheries for delaying ESA protections to Olympic Peninsula steelhead. At the time of filing, the agency’s determination was 535 days overdue.

“This settlement finally puts an end to the federal government’s inexcusable delay in deciding whether these magnificent fish deserve protection,” said John McMillan, Executive Director of The Conservation Angler. “Olympic Peninsula steelhead have been waiting for this decision for nearly two years beyond the statutory deadline. Every day of delay puts these fish at greater risk.”

Olympic Peninsula steelhead are a distinct population segment that occurs in the remote northwest corner of Washington State. Once numbering in the tens of thousands, these iconic fish have steadily declined throughout their range for decades due to commercial harvest, mismanaged recreational fisheries, hatchery operations, climate change, and legacy and contemporary effects from habitat degradation.

“We’re pleased to reach this agreement, but the real work is just beginning,” said Emma Helverson, Executive Director of Wild Fish Conservancy. “NOAA has already acknowledged Olympic Peninsula steelhead face a moderate risk of extinction. This agreement ensures the agency can no longer delay action. We expect the agency to follow the science and provide these fish with the protections they desperately need.”

The Conservation Angler and Wild Fish Conservancy submitted a petition to list Olympic Peninsula steelhead under the ESA on August 1, 2022. Following the agency’s positive 90-day finding in February 2023, NOAA had one year from the petition submission date to complete a final determination.

In October 2024, NOAA released a status review report confirming that Olympic Peninsula steelhead are at moderate risk of extinction. However, the agency still failed to issue the required decision on the need for ESA-listing, prompting the lawsuit on January 17, 2025.

“The science is clear – Olympic Peninsula steelhead populations are in trouble and need immediate protection,” said John McMillan, Executive Director of The Conservation Angler. “This settlement ensures NOAA can no longer ignore its legal obligations to protect these imperiled fish.”

Olympic Peninsula steelhead face mounting pressures across their range. Commercial and recreational fisheries continue to target these fish during their most vulnerable life stages. Hatchery operations threaten the genetic integrity of wild populations. Climate change has altered freshwater and ocean conditions, and decades of logging have degraded spawning and rearing habitat.

“These fish are indicators of ecosystem health throughout the Olympic Peninsula,” added Helverson. “Protecting Olympic Peninsula steelhead means protecting the entire web of life that depends on healthy rivers and forests in this unique region.”

###

The lawsuit was filed in U.S. District Court for the Western District of Washington. The Conservation Angler and Wild Fish Conservancy are represented by Kampmeier & Knutsen PLLC.  kampmeierknutsen.com

The Conservation Angler fights for the protection of wild Pacific anadromous fish populations and their watersheds throughout the Pacific Northwest and Russia’s Kamchatka Peninsula. theconservationangler.org

Wild Fish Conservancy is a nonprofit conservation organization headquartered in Washington and working from California to Alaska to preserve, protect and restore the northwest’s wild fish and the ecosystems they depend on, through science, education, and advocacy. wildfishconservancy.org

Photo: Olympic Peninsula steelhead jumping. Photo by © John McMillan

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“Fish War” is now available online

Posted on July 2, 2025 by Al Bergstein

There is so little real documentation of what happened in the 1960s and 1970’s known as the “fish wars” in the Pacific Northwest. Now a new documentary is out that I highly recommend. The Boldt Decision was perhaps one of the most important legal decisions of the 20th century. It re-established Treaty Rights in a totally new way that impacted tribes across the country and influenced indigenous leaders around the world.

The award-winning documentary FISH WAR, tells the story of tribes’ fight to secure their fishing rights — and the monumental Boldt decision that reaffirmed those rights — is available to buy. You can find the feature-length film on Amazon, Vimeo, Google Play, Apple TV+ and Fandango at Home here. 

Filed under: Environmental Law, First Nations, Olympic Peninsula | Tagged: , , | 2 Comments »

A win for saving Dungeness Spit

Posted on May 22, 2025 by Al Bergstein

                                                                                                    

The battle over keeping industrial aquaculture out of our National Wildlife Refuges, is still being played out in the courts. Recently three environmental organizations have successfully sued to get the US Fish & Wildlife Service to complete a “compatibility determination (CD)” for the industrial operation. The court has ruled that a CD must be performed. It is not clear whether the company must now stop any work in the refuge.

Here is the press release from the plaintiffs. Please consider donating to any of them to help offset the costs of the lawsuit. It’s *our* wildlife refuge at stake.

In 2023, Protect the Peninsula’s Future, Coalition to Protect Puget Sound Habitat, and Beyond Pesticides sued the US Fish and Wildlife Service (USFWS) for its failure to conduct a compatibility determination (CD) for a proposed industrial shellfish operation at the Dungeness National Wildlife Refuge (DNWR). The case is being reviewed by the U.S. Federal District Court in Tacoma. 

USFWS regulations state that for any project on or near one of its refuges, a CD must be written.  These cases are not unusual, and the Dungeness case is especially important because if the case is lost, industrial shellfish operations might be free to open at other Refuges. 

Last year the Court ruled the case should proceed because it is clear the USFWS must write a CD.  

The industrial shellfish operator – the Jamestown S’Klallam Tribe (JST) – sought to moot the plaintiffs’ case due to potential financial impact to the JST.  The JST received various agency permits to plant 80,000 non-native oyster spat (larvae) in large plastic bags to be anchored to the substrate in the refuge area on 34 acres. The then manager of the DNWR had determined the shellfish operation was incompatible with the mission of the refuge, but higher ups in the agency overruled her and refused to write a CD. In the meantime, the JST started planting oyster spat. 

The federal court allowed the JST to present arguments against the plaintiffs’ suit.   

On 15 May 2025, the court responded in our favor.  The case will not be mooted; the USFWS must follow its regulations.   

From the Court documents:

“Compliance with the statutory procedures in the Refuge Act is undoubtably a  public right that safeguards environmental protection. 

Only the public right to administrative compliance with the Refuge Act procedural requirement to complete a compatibility determination and/or require a special permit are ripe for adjudication. 

Drawing all reasonable inferences in favor of plaintiffs, Jamestown appears to have planted seeds after it was aware that it was probable the Service would conduct a compatibility determination. 

Therefore, it is hereby ORDERED that Jamestown’s motion to dismiss, Dkt  44, is DENIED. “

The plaintiffs now wait for the Court’s final ruling against the USFWS, ordering it to write a CD. 

Filed under: Aquaculture, Clallam County, Environmental Activism, Environmental Law, Environmental Protection, Olympic Peninsula, Straits of Juan de Fuca | Tagged: | 1 Comment »

Legislative Roundup

Posted on April 28, 2025 by Al Bergstein

2025 Session Recap

From the Puget Sound Partnership: The 2025 Session of the Washington State Legislature has adjourned Sine Die on April 27. A robust budget deficit and debates about state spending and revenue dictated the session’s flow and outcomes, especially in the final weeks. Due to concerns about implementation costs, many bills aligned with Puget Sound recovery failed to pass and many more were trimmed back to reduce the associated workload. And the final budget included a series of budget cuts that will slow the work of Puget Sound recovery. At the same time, several new policies and budget items survived the legislative process and will provide benefits to Puget Sound recovery, including:

  • Ongoing funding to various state natural resource agencies to support interagency cooperation on environmental permitting of habitat restoration projects.
  • A new round of capital investments in habitat restoration and clean water infrastructure through programs like Puget Sound Acquisition and Restoration, Floodplains by Design, Salmon Recovery Funding Board, Estuary and Salmon Restoration Program, Stormwater Financial Assistance, Centennial Clean Water, and Remedial Action Grants.
  • Closure of a loophole in the Growth Management Act (GMA) to ensure local government plans are consistent with recent amendments to the GMA.
  • New investments in state capacity to monitor toxic chemicals from stormwater and implement measures to reduce those toxics.
  • Extension of the riparian task force and investments in voluntary riparian restoration efforts.

This online newsletter contains subpages for each of the Action Agenda topic areas listed at the top of the page. Each page includes a narrative description of themes and an interactive bill watchlist. The final budget page also includes a full breakdown of budget details.

Read the whole thing at

https://legislativenewsletter-wa-psp.hub.arcgis.com

A point of view from the Washington Policy Center (a conservative group), but worth noting for it’s summary, which seems pretty balanced in it’s analysis…(would welcome a critique of their POV)

Climate and Environmental Spending: Ambitious but Costly

The budget allocates $1 billion in spending to climate and environmental programs, and does not change significantly from the previous budget. The Climate Commitment Act (CCA), which imposes a tax on CO2 emissions, is projected to generate approximately $1.6 billion in revenue according to the department of Ecology. The additional tax is passed onto consumers through higher fuel and energy prices.

Washington Policy Center’s research estimates that the tax on CO2 emissions adds 40 cents per gallon to gasoline prices, disproportionately affecting low- and middle-income households. While the budget funds rebates for low-income families, these are insufficient to offset the regressive nature of the tax. Furthermore, the effectiveness of these investments in reducing emissions is poor, according to the Department of Ecology’s own research. Policymakers should prioritize effectiveness and consider redirecting funds to more immediate priorities, such as infrastructure or tax relief.

Fiscal Sustainability and Taxpayer Impact

The budget’s 6.5% spending increase outpaces the state’s economic growth rate (projected at 4.5% annually). This trajectory risks depleting overall reserves, projected to drop from $3.2 billion to $2.2 billion by 2027, but does add money to the state’s rainy-day fund. The four-year budget outlook shows a potential multi-billion shortfall unless revenues grow unexpectedly, or spending is curtailed. This raises the specter of future tax increases, particularly given Washington’s already high sales, property, and business taxes.

The budget’s reliance on one-time revenues, such as federal grants and the revenue from CCA auctions, masks structural imbalances. When these funds dry up, taxpayers may face pressure to backfill programs rather than cancel them. Washington Policy Center recommends adopting a sustainable growth model, such as tying spending increases to inflation plus population growth, which would cap biennial increases at 5-6%. This approach would preserve reserves and reduce the need for future tax hikes.

Conclusion: A Missed Opportunity for Reform

The 2025-27 conference budget reflects prioritizes spending over fiscal discipline. While investments in education, health care, and climate programs address pressing issues, their scale and structure raise concerns about affordability, efficiency, and long-term consequences. Taxpayers, already grappling with high costs of living, deserve a budget that maximizes value through competition, innovation, and accountability.

Despite record revenues, the budget proposal offers little in the way of tax relief for Washington families and businesses. The state’s tax burden has risen steadily in recent years, driven by increases in property taxes, sales taxes, and a controversial new capital gains tax. With billions in increased in spending over the next four years, lawmakers could easily afford to return some of that money to taxpayers-or at least pause new tax hikes.

Read their analysis of the whole budget items (more categories they analyze) at

https://www.washingtonpolicy.org/publications/detail/the-washington-state-2025-27-budget-proposal-is-out-and-legislators-are-still-spending-money-the-state-doesnt-have

Filed under: Environmental Law, Environmental Protection, Government, legislation | Comments Off on Legislative Roundup

Clallam County MRC Letter re: 3 Crabs road flooding

Posted on April 20, 2025 by Al Bergstein

The Clallam County MRC has sent this letter to the Clallam County Board of Commissioners (BOCC) and the Clallam County Department of Community Development (DCD).RE: Shoreline management at Three Crabs Road.

At its recent monthly meeting, the MRC agreed to invoke its advisory responsibitity to the BOCC and communicate our concern about shoreline armoring (permitted and unpermitted) on Three Crabs Road, which recently came to our attention.

What we are seeing

Despite Comprehensive Plan policies for protecting marine shorelines and no-net-loss goats of the Shoreline Management Program, bulkheads have been and continue to be permitted – most often under emergency provisions following erosion from extreme storm surges, which are almost becoming an annual occurrence. ln addition, NASA has recently concluded that the pace of sea leveI rise is faster than previously thought, due to the thermal expansion of the ocean’s mass.

Summary of concerns

The MRC is concerned that intensifying weather conditions wit[ continue to cause erosion and that emergency bulkheads will continue to be requested and built, one property at a time, resulting insignificant impacts on shoretine functions and ecology. We urge the BOCC and DCD to develop a strategy that comprehensively addresses property and shoreline protection on Three Crabs Road.

The strategy shoutd include continued education and outreach to planners, contractors, property owners and county residents overall, and should also:

> clarify that avoidance of ecologicaI impacts is the top priority (but if avoidance is impossibte then

Ecology’s sequence of mitigation actions for shorelines should be followed and

> consider adjacent impacts and cumutative effects of any action; and

> identify mitigative approaches if avoidance is impossibte; and

> provide how no net loss witt be achieved through compensatory mitigation.

Filed under: Clallam County, Environmental Law, Environmental Protection, Environmental Science, Olympic Peninsula, Straits of Juan de Fuca | 3 Comments »

Governor Ferguson throws environmentalists under the bus

Posted on March 19, 2025 by Al Bergstein

Governor Ferguson has had his first major controversy, over a relatively little known agency called the Fish and Wildlife Commission. While this commission is small and not well known, it is crucial in setting the direction for the department of Fish and Wildlife. As their web site states: The Commission establishes policies to preserve, protect, and perpetuate fish, wildlife, and ecosystems while providing sustainable fish and wildlife recreational and commercial opportunities compatible with healthy and diverse fish and wildlife populations. The Commission consists of nine governor-appointed members that serve six-year terms, hold meetings and hearings around the state and offer opportunities for the public to weigh in on fish and wildlife issues.

What just happened? The issue revolves around a surprising decision by Governor Ferguson to remove Dr. Timothy Ragen from the Washington Fish and Wildlife Commission without justification after he was reappointed by outgoing Governor Inslee. Dr. Ragen is respected around the world for his expertise in marine mammals and marine science and served as the former Executive Director of the U.S. Marine Mammal Commission. Most recently, he has been serving as a pivotal expert on Washington’s Fish and Wildlife Commission that oversees decision making on numerous statewide fish and wildlife policies, including Washington’s approach to killer whale recovery. Despite his expertise and strong backing from the public, no public explanation has been provided for his removal. 

The question this raises of course is who wanted Dr. Ragen off the commission and why? Perhaps we need to look no further than Dr. Ragens’ support for science that calls into question the benefit of hatchery salmon and how they impact native species. Or perhaps even just “follow the money”. This issue has been at the forefront of the debate over hatcheries for over a decade. This blog has reported on it for many years. Simply search on “hatchery salmon” and look through the search results.

In a letter from the Wild Fish Conversancy to the Governor, they stated: “To date, there has been no public rationale provided for why Tim Ragen was removed from the Commission. Given the strong support for his nomination, we believe it is important for the Governor’s office to offer clarity on this decision and the requests for Tim’s reappointment. A public response would help ensure transparency and provide those who signed the letter with a clear understanding of how decisions are being made.“

The two groups who could want his removal are the sports fishermen and the Tribes. Both have fought to have the state ignore the mounting science that shows that hatchery salmon are detrimental to the native stocks.

In defense of Dr. Ragen, an open letter, signed by 74 noted scientists, addressed to Governor Ferguson, stated the following:


So in one of his first acts, Governor Ferguson has chosen to side with anti-science forces rather than support wild salmon recovery based on science.

We’ll see if the letter changes anything. As the song goes, “Same as it ever was.”

Filed under: Environmental Activism, Environmental Law, Government | 2 Comments »

Event: PT Paper (PTPC) Draft NPDES Renewal Permit & Meeting

Posted on October 30, 2024 by Al Bergstein

The Washington Department of Ecology (WSDOE) is reviewing for renewal the PT Paper Mill’s (PTPC) Draft National Pollutant Discharge Elimination System (NPDES). Wastewater discharges from the mill, which have been going on for over 100 years, are regulated by the WDOE. Ecology is proposing a draft NPDES permit renewal for PTPC.

PTPC produces pulp by both chemical kraft process and from the repulping of old corrugated cardboard. All of the cardboard recycled in Jefferson County and other areas goes to the mill for repulping. The pulp is sold or used to make paper products, such as liner board for cardboard boxes.

The mill is seeking to discharge about 7% more effluent and 2% greater suspended solids. The permit includes new water-quality based limits for benzo(a)anthracene, chlordane and pentachlorophenol.

The permit includes some new studies of pollutants in Port Townsend Bay, requirements to minimize spills of certain chemicals to the wastewater treatment plant, an odor minimization study and other items.

You can send written comments to the Dept of Ecology HQ in Lacey (see document below for more specific info) and a public meeting and hearing will take place on December 4th, at 5:30 PM at the USO building (Bldg 326) Fort Worden. Interpretation services are available.

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Dabob Bay conservation area expands by nearly 4,000 acres

Posted on October 6, 2024 by Al Bergstein

Peter Bahls and his organization the NW Watershed Institute, have pulled off another successful land transfer that they’ve been working on for years in the waning days of public lands commissioner Hilary Franz’ administration. But the agreement may also find itself strapped for funds if the Climate Commitment Act (CCA) is reversed in the next election or a Republican takes office to replace Franz. Your vote is important to passing this . Our website is supporting King County Commissioner and former State Representative Dave Upthegrove as the next land commissioner because of issues such as this.

QUILCENE — The Dabob Bay Natural Resources Conservation Area has been expanded by 3,943 acres to include more than 11,000 acres around the bay.

Hillary Franz, the state Commissioner of Public Lands, signed an order on Sept. 23.

“Dabob Bay is a unique and special landscape, and I am incredibly happy to protect and preserve public lands there so that future generations get to enjoy its beauty and ecological importance,” Franz said. “This further expansion is a testament to years of hard work from stakeholders and staff to find a solution that protects these rare ecosystems while still supporting local services in east Jefferson County.”

To read the whole story, go to:

https://www.peninsuladailynews.com/news/dabob-bay-conservation-area-expands-by-nearly-4000-acres/

support local journalism subscribe to the Peninsula Daily News.

Filed under: Climate Change, Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, Forestry, Government, Jefferson County, Olympic Peninsula | Tagged: , , , , , , , , | Comments Off on Dabob Bay conservation area expands by nearly 4,000 acres

Tribe poised to co-manage Dungeness National Wildlife Refuge

Posted on August 10, 2024 by Al Bergstein

In a move that comes as environmentalists sue the Department of Fish & Wildlife Service (FWS) for not doing a “compatibility determination” on potential impacts to allowing an industrial aquaculture farm (run for profit by the Jamestown S’Klallam Tribe), FWS appears ready to ink an agreement to co-manage the Wildlife Refuge with the tribe.

Does it make sense for an entity that seeks to financially profit from the use of a federal resource, to be given co-management powers of that resource?

While this blog recognizes the importance of the work that the Jamestown have done for environmental restoration projects on the north Olympic Peninsula, there has been sustained concern from environmental watchdogs about the idea of turning the waters of the refuge into an industrial site, with subsequent conversion of the benthic layer and the waters above it into essentially a shellfish farm. Once this is done, there is no returning it to the way it is, as the profit motive will make it virtually impossible to end the work, as we have seen across the south Sound as shellfish aquaculture has turned numerous virgin bays into net covered shores with diesel engines dredging the geoduck farms at all hours of the night (low tides usually are late at night in the winter when harvesting would be easiest).

It is worth noting that the Refuge was established with the following goals, delineated on the front page of its web site:

Recognizing the importance of the fertile habitats, President Woodrow Wilson established the Dungeness National Wildlife Refuge on January 20, 1915, as a refuge, preserve, and breeding ground for native birds. Many of these birds feed by diving into the shallows for fish. Today the graceful arc of Dungeness Spit continues to protect nutrient-rich tide flats for migrating shorebirds in spring and fall; a quiet bay with calm waters for wintering waterfowl; an isolated beach for harbor seals and their pups; and abundant eelgrass beds for young salmon and steelhead nurseries.

Dungeness National Wildlife Refuge | Visit Us – Activities | U.S. Fish & Wildlife Service (fws.gov)

It is hard to understand how commercial shellfish aquaculture could coexist into preserving native birds who dive into these same waters to feed. Currently the FWS bans even frisbees or kites on the spit as it apparently is not good for the birds. There is a long list of banned behavior that seems innocuous elsewhere.

In 2018, this blog reported on the concerns that were being raised by the staff of the refuge itself, in it, we reported that the applicants have asked for permission to place approx. 150,000 of “on bottom” oyster bags on the central west side of the bay, in approximately 34 acres of the tide flats 1141 acres of the inner spit. While I understand that current numbers of this amount are not at these levels, the long-term goal of this number likely has not changed. This is not the small scale subsistence aquaculture that currently exists in Sequim Bay by tribal members. This will require machinery, boats and staff to harvest these amounts. This could be viewed as the proverbial “camel nose in the tent” which likely will be expanded over time with very little discussion. The applicants propose to raise non-native oysters. To be clear, a significant number of cultivated oysters in the Salish Sea are non-native, so this was not a surprise, nor is it an issue of great concern.

Also noted in that earlier blog entry, as stated by the Department of Interior letter, “The shores and tidelands in this area provide some of the most important wildlife habitat and supports the highest density of waterfowl and shorebirds within the refuge….These shorelines also support one of the largest Brandt haul out sites in the state of Washington….Shorebird densities are highest within the action area and the adjacent lagoon on Graveyard Spit.”

“Human-caused wildlife disturbance and habitat loss are two of the most pervasive threats to shorebird and waterfowl use of the Salish Sea…. very little information is available on entrapment resulting from aquaculture structures.”

The letter also referenced that, “In 2016, a die-off of approximately 1000 Rhinoceros Auklets on Protection Island coincided with a significant reduction in the abundance of sand lance in the Strait of Juan de Fuca.” 

Herring also spawn at the west end of Dungeness Harbor and the Department of Interior raised questions about protecting Strait of Juan de Fuca herring, which have been designated “critical” (as in critically low).  Sand Lance and Surf Smelt spawning grounds are also found in the area of the application. These species have been identified as “Washington Species of Greatest Conservation Need within the State Wildlife Action Plan (WDFW 2015).” A worry related to this is that these spawning fish will be competing with the oysters for plankton. A failure to find enough food could lead to a significant reduction in the survival rates. There is no known mitigation for this, other than limiting the size and scope of the project.

Additionally, Interior pointed out that a 1996 scientific study found that some shorebirds significantly avoided areas used for aquaculture in a California bay.

This shoreline has also been designated “Natural” in the Critical Areas Ordinance, as far back as 1976. That designation limits activities to those that preserve the national features unchanged. One would assume that the tidelands are also part of that designation. But of course, the waters of the Wildlife Reserve are apparently not part of the county shoreline ordinance.

It is important to note that the applicants themselves have noted in a 2003 report that “wild birds are the second most important source of FC on a year-round basis. It is especially important in winter, when their load approaches 1/2 of the measured marine water input.” It would seem to the average person that putting aquaculture into a bird reserve is by its very nature going to create a tension between the animals that are present and creating the problem and the desire to harvest shellfish for profit.

It is certainly reasonable for the applicants to want to return to aquaculture in the Bay, however the scale is being significantly increased. And now the applicants themselves are being given co-management of the very location that they intend to make a commercial farm. If it wasn’t the Tribe but some standard for-profit company, I’m sure that every environmental organization in the country would be joining in to stop this, but since it is the Tribe, only a couple of environmental organizations have been bold enough to challenge the FWS in court. And they appear to be winning. Years ago, I had a drink with the head of the Western Region of NOAA. I asked him why they kept doing things that required environmental groups to sue them, and why they just didn’t do the right thing to begin with. He laughed and told me that NOAA was a big government organization and had many different perspectives inside it. He welcomed lawsuits that forced them to do the right thing as he couldn’t possibly hope that all his employees were in line with its goals.

The FWS has a problematic role with regards to the Refuge. According to a 2022 article written by Kevin Washburn and N. William Hines, Dean and Professor of Law at the University of Iowa College of Law:

“The congressional direction in the Fish and Wildlife Act is to ensure “the fish, shellfish, and wildlife
resources of the Nation make a material contribution to our national economy and food supply . . . [and] the health, recreation, and well-being of our citizens.”

Congress recognized “that such resources are a living, renewable form of national wealth that is capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited.” (emphasis mine)

As a practical matter, however, one of the most significant challenges for FWS is meeting the
significant demands of the Endangered Species Act.”

The co-management of the reserve can only legally include the following:

“…Endangered Species Programs, Education Programs, Environmental Contaminants Programs, Wetland and Habitat Conservation Restoration, Fish Hatchery Operations, and National Wildlife Refuge Operation and Maintenance. See List of Programs Eligible for Inclusion in Funding Agreements Negotiated with Self-governance Tribes by Interior Bureaus Other than the Bureau of Indian Affairs and Fiscal
Year 2016. Microsoft Word – [14] Washburn – Camera-Ready (case.edu)

The rather ill defined “Northwest Wildlife refuge operations…” in the above paragraph is a concern. The document referenced above goes into considerable detail on the issues raised in co-management of FWS and other agencies. It is beyond the scope of this blog to identify all of them.

Science has learned a lot about the environment since the time when the State originally allowed the use in this location. In many other locations we have decided that the tradeoff of commercial activity is outweighed by a newer appreciation of the value of the natural landscape for a variety of species.  It is up to all of us to question our elected officials and bureaucrats, not the applicants, as to why they believe that this is in all our best interests, when we so clearly have set this aside this location for wildlife protection and enhancement. The applicants have every right to apply. It is up to our elected and bureaucratic staffs to make the call for the lands and species we all enjoy and want to protect.

This blog has long supported the work of the JamesTown S’Kallam as they have led environmental protection on the Olympic Peninsula for many decades. We have supported their right to industrial geoduck operations, small scale oyster farming, their rights to their share of the salmon of the state. In this one instance we are questioning whether putting this farm inside a tiny refuge that has decades of protection, as we all struggle to save our seabirds, is the right call. It is not about their rights, it is about the location. Can the State not find and trade suitable other locations for the Tribe to establish, especially since the tribe itself has raised concerns about the viability of the location for aquaculture on the scale they are planning? Then the issue of co-management is a non issue. Then they would be imminently qualified to co-manage the refuge.

Filed under: Aquaculture, Clallam County, Environmental Activism, Environmental Law, Olympic Peninsula, Straits of Juan de Fuca | Tagged: , , , , | 10 Comments »

Dungeness Spit Aquaculture: Court rules in favor of environmentalists

Posted on August 9, 2024 by Al Bergstein

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

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

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

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

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

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

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

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

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

Filed under: Clallam County, Environmental Law, Environmental Protection, Olympic Peninsula, Straits of Juan de Fuca | 3 Comments »

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