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

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


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

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

President Trump signs bill permanently funding Land and Water Conservation Fund

This is huge. And I want to thank Representative Derek Kilmer for having fought hard for this. We have covered this issue in the past on this website. A huge win during a bad time for environmental protection. Smart of Trump and the Republicans to strip away as many of our environmental protections and then turn around and back a bill like this just before the election to burnish their environmental creds. Happens all the time in politics. But good for Kilmer to recognize the opportunity and run with it. He worked in a bi-partisan way to get the job done. Now it’s time to focus on ousting the President and ending this nightmare of selling the environment to the highest bidder.

A landmark bill committing $900 million a year for land conservation and a one-time $9.5 billion boost to help catch up over the next five years on maintenance needs at national parks was signed into law by President Donald Trump Monday.The Great American Outdoors Act, S. 3422, will increase by two or three times the historic average amount of money spent by Congress for the Land and Water Conservation Fund. The program, used to fund acquisitions from willing sellers for federal, state and local open space and outdoor recreation, is paid for from royalties earned on oil and natural gas leases on public lands. Lynda Mapes reports. (Seattle Times)

www.seattletimes.com

 

The Esselen Tribe of Big Sur regain some of their land -The Optimist Daily and other sources

This is not about our Peninsula, nor the Pacific NW. But the story how this tiny West Coast tribe, almost wiped out and by most people, assumed dead and gone, have revived themselves and their lands, is a story worth telling. As many of you know, there is a famous “new age” retreat here, primarily by and for wealthy white people, (I only reference the images on their web site that are almost uniformly white) called the Esselen Institute. There is no mention on their web site that their name is derived from the native tribe who’s land they sit on. No honor to the tribe at all.

 

The coast here is supremely rugged, and the people who chose to live here must also have been very experienced in living in this unique environment. They were, by all accounts, a gentle and peaceful people. Not a warrior tribe. They unfortunately apparently trusted the Spanish who turned against them quite quickly.

Anyone who has visited the coast of Monterey and south, can only imagine what it must have been like being able to subsist off vast amounts of seafood, shellfish and rivers teaming with salmon, along with acorns, camas, and other flora further inland . The rivers there held runs (and still do) of steelhead. According to the Western Rivers Conservancy, who bought the land and donated it to the tribe, “The ranch’s ridgetop grasslands and giant redwoods are ideal feeding and nesting habitat for California condor, and wildlife biologists predict the land will become part of the expanding range of recovery for this endangered bird”

All of this in one of the most hospitable climates outside of Italy. In my mind, it is one of the most beautiful places on earth, and an astonishingly welcome place for human habitation. It is no wonder why these people settled here. Now, a small correction to the incomparable suffering of these people over the last couple of hundred years, as they were driven out of their homes to be enslaved by Spaniards, beaten by priests, and ignored and murdered by whites, looking to settle their land, is being righted.

According to Wikipedia: “About 460 individuals have identified themselves as descendants of the original Esselen people and banded together to form a tribe.” After an extended battle for the ability to be accepted as a tribe, due to the work of the Western Rivers Conservancy, land along the Little Sur river have been bought for them.

We are living in an age of recovery. While recovery of natural habitats is important, as important is the recovery of native peoples to the lands they lived on, in a balance with nature, for thousands of years. Their struggle and their true love of their lands continues to be a guidepost for those of us moving from a culture of imperialism, war, racism and conquest, to one of balance, cultural diversity and peace. The work has barely begun and has a long time before it can be called, “complete”. If ever.

View of Adler Ranch, Big Sur, California Photo by Doug Steakley

 


The story below would be more accurate if it had said, “…were forcibly removed from their lands and enslaved in Spanish missions.” That is the truth of the matter.

After 250 years, the Esselen tribe has reclaimed their homelands

In 1770, the people of the Esselen Tribe of northern California were forcibly removed from their lands and brought to Spanish missions. But now, after more than 250 years, the Esselen tribe is landless no more.

This week, the Esselen tribe finalized the purchase of a 1,200-acre ranch near Big Sur, along California’s north-central coast, as part of a $4.5 million acquisition that involved the state and an Oregon-based environmental group. The deal signifies a return to their ancestral homelands. It is also a big win for environmentalists as the tribe will conserve old-growth redwoods and endangered wildlife such as the California condor and red-legged frog, as well as protect the Little Sur River, an important spawning stream for the imperiled steelhead trout.

 

https://www.optimistdaily.com/2020/07/after-250-years-the-esselen-tribe-has-reclaimed-their-homelands/

and

http://www.westernrivers.org/blog/entry/protectingacriticalstreamintheheartofbigsur

 

 

 

 

Local Supporters Cheer House Passage of Wild Olympics Bill as part of NDAA

Olympic Peninsula Tribes, Sportsmen groups, business leaders, and local officials cite benefits to local economy, clean water, and salmon recovery

QUILCENE, Wash. (July 22, 2020) –The Wild Olympics Coalition cheered a major bipartisan vote in Congress yesterday that helped advance important public lands and rivers legislation forward, including the Wild Olympics Wilderness and Wild and Scenic Rivers Act sponsored by Senator Patty Murray and Representative Derek Kilmer (D-WA-06), which passed with a number of other public land bills as an amendment to the National Defense Authorization Act. The Wild Olympics legislation would permanently protect more than 126,500 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. Designed through extensive community input to protect ancient forests and clean water and enhance outdoor recreation, the legislation would designate the first new wilderness in the Olympic National Forest in nearly three decades and the first-ever protected wild and scenic rivers on the Olympic Peninsula.

The bipartisan vote in favor of the legislation included strong support from Washington and California representatives Pramila Jayapal and Adam Smith who supported the amendment to the NDAA. The Wild Olympics legislation was passed by the House earlier this February. Given the few legislative days left in this legislative session, the NDAA offers an opportunity to advance the bill in both Houses of congress. A similar legislative strategy was used in 2014 by Senators Murray and Cantwell and Representatives Reichert and DelBene to attach legislation to expand Wilderness and Wild and Scenic Rivers in the Alpine Lakes and Ilabott Creek, the last major wilderness & wild and scenic bills for WA, which were passed in the 2014 NDAA.

 

“As someone who grew up on the Olympic Peninsula, I learned first-hand that economic growth and environmental protection go hand-in-hand,” said Representative Kilmer.“Adding this practical, balanced strategy to today’s bill will help us protect some of the most environmentally sensitive places on the Peninsula. It will also ensure we can keep and grow jobs in our natural resource industries and other sectors. I am grateful for the years-long collaboration to create a proposal that works for folks across the community – including Tribes, sportsmen, conservation groups, timber communities, business leaders, shellfish growers, and everyone in-between.”

Senator Murray and Representative Kilmer spent years gathering extensive community input on the Olympic Peninsula to craft the carefully balanced legislation. 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 and Representative Kilmer 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 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 Senator Murray and Rep Kilmer’s final compromise proposal was scaled-back to ensure it would not impact current timber jobs.”

The House passage comes on a wave of support from over 100 new endorsements rallying behind the Wild Olympics Wilderness and Wild & Scenic Rivers Act. The new additions bring the total number of local Olympic Peninsula & Hood Canal region endorsements to more than”800” endorsers, including the Quinault, Quileute, Elwha and Jamestowns’ Klallam Tribes; over 30 local “sportsmen” organizations and fishing guides; the mayors of Port Angeles, Port Townsend, Ocean Shores and Elma; businesses and CEOs; farms and faith leaders; conservation and outdoor recreation groups; and many others. Additionally, more than 12,000 local residents have signed petitions in support.

 

TESTIMONIALS

 

Lower Elwha Klallam Tribe Chairwoman, Frances Charles: “The Lower Elwha Klallam Tribe (“Lower Elwha”) strongly supports the proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act, and appreciates Sen. Murray’s and Rep. Kilmer’s sponsorship of this important legislation. 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.”

 

Quinault Indian Nation President Fawn Sharp: Our Tribe urges swift passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act. 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.

 

Quileute Tribal Council Chairman Douglas Woodruff Jr. “The Quileute Tribe supports passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act. It represents a well-crafted compromise that provides critical protections for fish and wildlife habitat and water quality, while also respecting the treaty rights and management prerogatives of the Quileute Tribe. Protecting the best remaining habitat is imperative as tribal, state and federal governments and citizens throughout the Olympic region commit millions of dollars and incalculable volunteer hours to restoration activities in the face of declining salmon populations, fishing closures, threats to Orcas, and the impacts of climate change.  The current version of the Wild Olympics Wilderness & Wild and Scenic Rivers Act is a significant and vital step forward to “protect the best,” and the Quileute Tribe urges swift passage of this legislation.”

 

Jamestown S’Klallam Tribe Chairman Ron Allen: “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.”

 

Aberdeen Forest Products Consultant & Former Timber CEO Roy Nott: “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 Senator Murray and Rep Kilmer’s final compromise proposal was scaled-back to ensure it would not impact current timber jobs.”

 

Dave Bailey, Past 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 by Congress and the Administration to 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.”

 

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 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.”

 

Ashley Nichole Lewis, Bad Ash Fishing Guide Service (Tahola) and  member, Sportsmen For Wild Olympics: “Conservation for me on the Olympic Peninsula means that the next generation and generations to come can come out here and experience the way that I experience it and the way my grandpa experienced it when he fished out here and that forever we always have this – what is wild and what is the Olympic Peninsula and our culture today.”

 

Bill Taylor, President of Taylor Shellfish Farms (Shelton): “Senator Murray and Representative Kilmer’s Wild Olympics legislation will help protect our state’s shellfish industry, including hundreds of shellfishing 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. We are grateful for their leadership.”

 

James Thomas, President & CEO Thermedia Corp/MasQs (Shelton): “The Wild Olympics legislation would help protect the outstanding way of life that is an important reason people choose to live, work and play here in Mason County with the stunning backdrop of the Olympic Mountains in our backyard. The ancient forests, wild rivers and scenic beauty of the Olympics are the foundation of our high “Quality of Life” that attracts visitors, entrepreneurs, new residents and investment in our communities, strengthening our local economy. In fact, these spectacular public lands were the final determinant when I chose the Olympic Peninsula as the new home for my medical device manufacturing company.  Ten years later my heart still sings when I round a corner or top a hill and the Olympics come into view.   I applaud Senator Murray and Representative Kilmer for working to protect the Peninsula’s economic future.”

 

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 half way 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 legacy we will leave to our children and grandchildren.  Senator Murray and Representative Kilmer’s bill protects our natural heritage while respecting our timber heritage. I thank them for their thoughtful leadership, and future generations will thank them too.”

 

State Representative 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!”

 

Sarah Muszynski, Owner, Blue Horizons Paddlesports (Lake Cushman): “As an outdoor recreation business owner and an avid outdoorsman, my livelihood and lifestyle depend on clean, free-flowing rivers. Visitors to Olympic National Park and businesses like mine annually contribute $220 million in local economic benefits and support 2,708 jobs. This economic benefit depends on access to the high quality natural resources the Olympic Peninsula is known for and protection of those resources. Visitors from around the world come to experience the place we call home. Protecting these resources is an investment in our region’s economic future, and the smart thing to do.”

 

Michelle Sandoval, Port Townsend Mayor (Port Townsend): “This legislation will help permanently protect clean drinking water for local Peninsula communities. For example, one of the places proposed for Wilderness protection is in the Big Quilcene watershed, which filters the clean, cold drinking water for the city of Port Townsend. Protecting forests and rivers on federal lands upstream protects our investments in salmon habitat and water quality downstream. We are grateful for Representative Kilmer’s and Senator Murray’s help in protecting Port Townsend’s clean water.”

 

Harriet Reyenga, Independent realtor for Windermere Real Estate (Port Angeles): “The Wild Olympics Wilderness & Wild & Scenic Rivers Act will protect and promote the same spectacular public lands and high quality of life that are helping to drive growth and create local jobs in real estate, construction and many other sectors of our economy today.  Our ancient forests, salmon, rivers and amazing landscapes are the north Olympic Peninsula’s competitive economic advantage over other regions. We should do all we can to protect and promote these natural treasures. The Wild Olympics legislation will do both.”

 

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.”

 

Mark and Desiree’ Dodson, Owners Westport Marina Cottages (Westport): “We’re one of the hundreds of local Peninsula businesses backing Wild Olympics because it would protect & promote the same priceless natural treasures that are cornerstones of our economy.  Our ancient temperate rainforests & wild rivers are iconic one-of-kind outdoor recreation destinations that draw visitors & new residents from around the world.”

 

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.”

 

Contact: Connie Gallant, Chair, Wild Olympics Campaign / connie@wildolympics.org

Wild Olympics Campaign / PO Box 214, Quilcene, WA 98376

Washington’s water quality standards back in court after EPA Rollback – KNKX

Fighting for our clean water goes on. Thanks to all who are doing the heavy lifting.

A coalition of environmental groups, commercial fishermen and the Makah Tribe are suing the federal Environmental Protection Agency over its decision to roll back water quality regulations in Washington state. At issue are human health standards that the EPA itself forced the state to adopt just a few years ago. Washington updated its water quality standards in 2016 to bring the state in line with the Clean Water Act. But, after litigation from environmental groups, the EPA forced the state to adopt stricter standards, to ensure that people who consume large amounts of fish are protected. Now, the EPA has retracted those rules.  Bellamy Pailthorp reports. (KNKX)

Washington’s water quality standards back in court after EPA rollback

The Profoundly Radical Message of Earth Day’s First Organizer – NY Times

We are fortunate to have Denis in Seattle. His message now?

“Covid-19 robbed us of Earth Day this year. So let’s make Election Day Earth Day.” He urged his readers to get involved in politics and set aside national division. “This November 3,” he wrote, “vote for the Earth.”

Denis Hayes, Earth Day, climate change, renewable energy and the challenges ahead. John Schwartz reports. (NY Times)

The ‘Profoundly Radical’ Message of Earth Day’s First Organizer 

New Jefferson County Shooting Range Ordinances Passed

From the Tarboo Ridge Coalition today

The Jefferson County Board of County Commissioners unanimously passed two new shooting range ordinances at the conclusion of 5 hours of deliberations during their meeting on Monday, February 24. The new ordinances are vastly different than the 2018 versions which the Growth Management Hearings Board invalidated in early 2019.

The BoCC followed their Planning Commission’s recommendations that all new commercial shooting ranges be located indoors in commercial and industrial zones and not be allowed in Jefferson County forests. The commissioners carefully scrutinized the proposed ordinances to clarify language and eliminate previous loopholes that had been exploited by Fort Discovery Corporation in 2018 when the company began building an outdoor paramilitary training center at Tarboo Lake without environmental review or obtaining permits.

The Tarboo Ridge Coalition, which appealed the 2018 ordinances, will meet with the County and the Growth Management Hearings Board in late March to discuss whether the current effort complies with the Washington State’s Growth Management Act.

Lobby Day (again!)

After our snow canceled the Environmental Lobby Day events last month, it’s been rescheduled this week. (ironic, isn’t it?) This is an excellent way to meet your legislators on their ground and let them know what is important environmentally. Mad about the net pens? Oyster farms in our National Wildlife Refuge? Believe me,the folks from Seattle aren’t fighting that.

Or want to support one of the great bills being promoted by the Coalition for Environmental Priorities?

So get out from behind Facebook and Next Door and get a group together to car pool to Olympia and participate! You get to schmooze with the best of them while you watch high paid and  well dressed lobbyists argue that environmental rules are too expensive! What could be funnier than that!

And while you are there, just to show that I’m not a total bummer of a date, where does one eat? My favorite place for lunch or dinner is Chelsea Farms Oyster Bar They have superb clam chowder and lots of other great eats. You can pretend you are one of them being plucked by a walrus and carpenter. But no, I’m serious, this is one of the finest restaurants in the state IMHO. Just go. You are on a field trip.

Also try Wagner’s European Bakery And Cafe for great lunches. More budget oriented. Or pack your own bag of goodies! Actually if you sign up you get a healthy lunch.

What bills are being supported? Take a look at my right hand top tab, where I’ve conveniently cut and pasted the Coalition Priorities. Or go to the URL listed a few paragraphs up above.

So sign up, read up on the bills being promoted, and learn how to effectively lobby your elected officials! It’s fun and is far better than watching an impeachment any day!


Date: Thursday, January 30, 2020 Time: 8:30 am – 5:00 pm Location: Temple Beth Hatfiloh, 201 8th Ave. SE, Olympia, WA 98501

Join the Environmental Priorities Coalition and hundreds of activists to push for key environmental legislation in Olympia on January 30th!

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, attend breakout sessions, and meet face-to-face with your elected officials to advance the Environmental Priorities Coalition’s 2020 priorities.

For the 2020 legislative session, we have adopted four priorities essential for healthy communities and a thriving environment: Clean Fuels Now, Healthy Habitat Healthy Orcas, Climate Pollution Limits, and Reduce Plastic Pollution.

Registration required. Schedule TBA.

Check out the video from 2019 Environmental Lobby Day!

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

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

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

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

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

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

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

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

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

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

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

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

Army Corps of Engineers loses another court case. This time affecting bulkheads and more.

Another major but little noticed lawsuit has been concluded with the Army Corps of Engineers. This time, a lawsuit brought by a coalition of environmental groups, including Sound Action, Friends of the San Juans, Washington Environmental Council (WEC) and Earthjustice argued that because the corps arbitrarily decided to determine that the high water mark was closer to the water than in other jurisdictions over which it has authority, that this was a capricious rule. The judge agreed.

This will mean that the Army will have to spend more time determining environmental issues before issuing a bulkhead permit. It will also likely mean a lot less bulkheads being permitted.

According to an article by the Spokane News Review, “Rock or concrete walls have been erected along about one-quarter of Puget Sound’s 2,500 miles of shorelines. Nearly a mile of Puget Sound shoreline is built up each year. ”

“The Corps has known for years that its high tide line marker in Puget Sound is unlawfully low,” Anna Sewell, Earthjustice attorney for the groups, said in a statement.

The groups say that if the Corps, which regulates structures or work in U.S. navigable waters, used the true high tide line, more shoreline armoring projects would come under its review.

The lawsuit notes that an interagency workgroup that included the Army Corp’s Seattle District and two other federal agencies recommended changing the Corps’ tidal jurisdiction. That change would have brought about 8,600 acres of shoreline habitat under the Corps jurisdiction.”

The Earthjustice overview of this case stated:

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.

Since the 1970s, the Seattle District of the Corps (“Seattle District”) has defined its Clean Water Act (“CWA”)  jurisdiction in the Puget Sound region to extend only up to the“mean higher high water” mark, which is an average of the higher of the two high water marks each tidal day observed over a nineteen-year period.Under the CWA’s implementing regulations, however, the Corps’ jurisdiction extends to the “high tide line.” Approximately one quarter of high tides in the Seattle District exceed the mean higher high water mark, meaning the Seattle District’s CWA jurisdictional marker is significantly below the high tide line.

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.

The original lawsuit can be found here.

Click to access 01_Enviro_Complaint_05-21-2018.pdf

 

We will continue to cover this story as it evolves with the Corps implementation of this ruling.

 

 

Plaintiffs comment on the lawsuit against Army Corp of Engineers & Taylor Shellfish

From the plaintiffs in the lawsuit against the Army Corps and Taylor Shellfish.

FOR IMMEDIATE RELEASE–October 15, 2019

CONTACT: Laura Hendricks  (253) 509-4987

Maradel Gale (206) 842-5133

The Coalition To Protect Puget Sound Habitat (Coalition) and Center For Food Safety welcomes the following attached Federal decision: “The Corps’ issuance of a nationwide permit, at least with respect to activities in the waters of the State of Washington, was arbitrary and capricious and not in accordance with NEPA or the CWA. Pursuant to 5 U.S.C. § 706(2), the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.”

For over two decades, citizens have been ignored by Washington State Agencies and most Counties as shellfish aquaculture lobbying paved the way for the unlimited proliferation of this  industrial conversion of our shorelines. Judge Lasnik stated “The Court finds that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations.”

While citizens have been pointing out the limited scientific findings that the Corps and the shellfish industry have used to gain permitting, the Judge noted: “There is no discussion of the impacts on other types of aquatic vegetation, on the benthic community, on fish, on birds, on water quality/chemistry/structures, or on substrate characteristics. There is no discussion of the subtidal zone. There is no discussion regarding the impacts of plastic use in shellfish aquaculture and only a passing reference to a possible side effect of pesticide use.”

As the decision reinforces:”In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and non-native species, pollution, and water quality, chemistry, and structure, but failed to describe, much less quantify, these consequences.”

Laura Hendricks, the Director of the Coalition “hopes that Judge Lasnik will choose a remedy  for the Corps permitting that will finally focus on the unlimited aquaculture expansion adverse impacts that threatens the very existence of our marine life and Washington State iconic species that we all treasure.”

 

 

Federal judge rules Army Corps aquaculture permit is unlawful in Washington State.

In a surprise ruling with wide ranging consequences, a federal judge has ruled that the Army Corp of Engineers issuance of Nationwide Permits in the lower 48 (NWP48) authorizing commercial shellfish aquaculture is illegal. The suit, brought by The Coalition to Protect Puget Sound Habitat, a group that has been fighting large-scale shellfish aquaculture for years, and joined by the Swinomish Tribe, was focused against the Army Corp and Taylor Shellfish, along with the industry group, The Pacific Coast Shellfish Growers Association.

The plaintiffs argued that the Corps failed to comply with the Clean Water Act (“CWA”), the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”) when it reissued NWP 48 in 2017. They requested that the decision to adopt NWP 48 in Washington be overturned and that the Corps be required to comply with the environmental statutes before issuing any new permits  for commercial shellfish aquaculture in this State.

The court found in it’s blistering conclusions, “…that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations…the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.” (emphasis mine)

Going beyond just the issue of the environmental consequences the judge stated that “The federal defendants state that additional …remedy should be permitted once the seriousness of the agency’s error is determined. The intervenors (the Corps and Taylor Shellfish) assert that (throwing out the permits and the Corps previous rulings) would cause disruption in the Washington shellfish farms and industry, including significant impacts to employees and the communities in which they live.Neither tact is compelling. The substantive defects in the agency’s analysis when adopting the 2017 NWP are significant.” (emphasis mine)

The case centers around whether or not the large scale conversion of natural shorelines to commercial aquaculture, happening now all around lower Puget Sound and in the Strait of Juan de Fuca, is more than “minimal” damage to the environment. Siting case law in relevant lawsuits in the Yellowstone Park area, the environmental group managed to persuade the judge that the Army was allowing something much more than minimal damage.

As stated by the plaintiffs, “Federal agencies are required to do an environmental assessment (“EA”) of their proposed action, providing a brief discussion of the
anticipated environmental impacts and enough evidence and analysis to justify a no-significant impact determination.  If the agency, after conducting an EA, is unable to
state that the proposed action “will not have a significant effect on the human environment,” a more detailed and comprehensive environmental impact statement (“EIS”) must be prepared. They also argued that the case law stated that if the Corps’ ruling was found to be “arbitrary, capricious, an abuse of discretion” and lacking in a scientific basis, that it must be thrown out.

The court found that , “… there is insufficient evidence in the record to
support the agency’s conclusion that the re-issuance of NWP 48 in 2017 would have minimal individual and cumulative adverse impacts on the aquatic environment for purposes of the CWA and that the Corps’ environmental assessment does not satisfy NEPA’s requirements.”

They judge then went on to point out that “the Corps acknowledges that commercial shellfish aquaculture activities can have adverse environmental impacts…marine debris is a serious impact on the marine environment…and that commercial shellfish aquaculture activities can result in conversion of substrates (e.g. mudflats to gravel bars), impacts to submerged aquatic vegetation, alteration in aquatic communities from native to non-native shellfish species, and water quality impacts from harvest activities.”

Given those findings, the judge went on to say, “Ignoring or diluting site specific,
individual impacts by focusing solely on a cumulative, landscape-scale analysis is not
consistent with the governing regulations.”

The scientific documents that the Corps presented as justification for it’s actions came under blistering criticism from the judge. “According to the Corps’ own summary of the paper, the authors evaluated only the effects of oyster aquaculture activities on submerged aquatic vegetation. The paper itself shows that Dumbauld and McCoy (a supposed scientific study that the Corps and Taylor were using) were studying the effects of intertidal oyster aquaculture on the seagrass Zostera marina. There is no discussion of the impacts on other types of aquatic vegetation, on the benthic community, on fish, on birds, on water quality/chemistry/structures, or on substrate characteristics. There is no discussion of the subtidal zone. There is no discussion regarding the impacts of plastic use in shellfish aquaculture and only a passing reference to a possible side effect of pesticide use. The Corps itself does not remedy these deficiencies: although it identifies various resources that will be adversely impacted by issuance of the national permit (along with resources that may benefit from shellfish production), it makes virtually no effort to characterize the nature or degree of those impacts. The Decision Document’s “Impact Analysis” consists of little more than an assurance that district engineers will consider the direct and indirect effects caused by the permitted activity on a regional or case-by-case basis.”

The judge went on to say, “In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and non-native species, pollution, and water quality, chemistry, and structure, but failed to describe, much less quantify, these.  The Corps cites the two Dumbauld papers for general statements regarding the positive or negative effects of shellfish aquaculture on certain aquatic resources or characteristics (focusing on seagrass), but it makes no attempt to quantify the effects or to support its conclusion that the effects are no more than minimal.”(emphasis mine).

As reported on some months ago in this blog, a draft cumulative impact statement, which only surfaced due to a discovery in this case,  “…generated in February 2017 dedicated twenty-five pages to discussing the wide range of work and activities covered by NWP 48 and noting the species dependent variability in cultivation techniques, gear, and timing. These variations gave rise to a wide array of effects on the aquatic habitat, none of which is acknowledged or evaluated in the national Decision Document.” (emphasis is mine).

The judge goes on, in plain language, “A reasonable mind reviewing the record as a whole would not accept Dumbauld and McCoy’s limited findings regarding the
landscape-level impact of oyster cultivation on a species of seagrass in the intertidal zone as support for the conclusion that entire ecosystems are resilient to the disturbances caused by shellfish aquaculture or that the impacts of those operations were either individually or cumulatively minimal.” The judge sites decisions back in coal country where the cumulative impacts of mountain top removal are similar and long lasting. “The governing regulations expressly impose upon the Corps the obligation to consider the ongoing effects of past actions when conducting a cumulative impacts analysis.”

The “NEPA and the CWA were enacted because humans were adversely affecting the environment to a noticeable and detrimental extent…Noting that a particular environmental resource is degraded is not an excuse or justification for further degradation. The Corps must analyze the individual and cumulative impacts of the proposed activity against the environmental baseline, not as a percentage of the decades or centuries of degrading activities that came before.

As to the use of pesticides by the industry, the judge has additional harsh criticism,”The Corps makes a similarly untenable argument whenever the use of pesticides in a
shellfish operation permitted under NWP 48 is discussed. While acknowledging that these substances are used and released into the environment during permitted activities, the Corps declines to consider the environmental impacts of pesticides because they are regulated by some other entity… Even if the Corps does not have jurisdiction to permit or prohibit the use of pesticides, it is obligated to consider “other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions.” The Corps’ decision to ignore the
foreseeable uses and impacts of pesticides in the activities it permitted on a nationwide basis does not comport with the mandate of NEPA or with its obligations under the CWA. Having eschewed any attempt to describe the uses of pesticides in commercial shellfish aquaculture or to analyze their likely environmental impacts, the decision to permit such activities through NWP 48 cannot stand.” (emphasis mine)

“The record is devoid of any indication that the Corps considered regional data,
catalogued the species in and characteristics of the aquatic environments in which commercial shellfish aquaculture activities occur, considered the myriad techniques, equipment, and materials used in shellfish aquaculture, attempted to quantify the impacts the permitted activity would likely have on the identified species and characteristics, or evaluated the impacts of the as-yet-unknown regional conditions…Faced with incredible diversity in both the environment and the activities permitted under NWP 48, the Corps effectively threw up its hands and turned the impact analyses over to the district engineers.”

In looking at the problem of plastic pollution in aquaculture the judge was additionally critical.”The Corps’ analysis with regards to plastic debris discharged into the marine environment is even more problematic. The Corps acknowledges the many public comments raising concerns about the introduction of plastics into the marine food web, but relies on the fact that “[d]ivision engineers can impose regional conditions to address the use of plastics” in response to these concerns. The Seattle District, for its part, declined to quantify the impact of plastics, instead noting that “it would not be a practicable solution to regionally condition NWP 48 to not allow the use of PVC and HDPE gear as there are no current practicable alternatives to use of the materials…The CWA requires the Corps to make minimal adverse effect findings before issuing a general permit. If, as appears to be the case with regards to the discharge of plastics from the permitted operations, the Corps is unable to make such a finding, a general permit cannot (be) issue(d). The Corps has essentially acknowledged that it needs to individually evaluate the impacts of a particular operation, including the species grown,
the cultivation techniques/gear used, and the specific location, before it can determine the extent of the impacts the operation will have.”

The decision is not trivial. It rips apart industry arguments made over the last decade that eelgrass recovery in aquaculture farms is a minor issue. The aquaculture industry and Taylor Shellfish in particular has put itself at the head of county agencies supposedly in the business to protect the nearshore from harm and then used these faulty scientific studies to promote their position.  The Jefferson County Marine Resources Committee, which claims on it’s web page to have the mission, “to protect and restore the marine environments of East Jefferson County by raising community awareness of issues…” has been chaired by an aquaculture industry spokesperson who routinely has used these same discredited arguments to suppress any discussion of negative impacts on the nearshore the MRC claims to protect.  The Committee has meekly gone along with the bullying tactics of the Taylor representative at public meetings, unwilling to push back on what the spokesperson has claimed to be ‘scientific  studies’.  The Committee in fact sponsored a ‘aquaculture educational day” to promote these same, now discredited scientific studies, offering no substantial criticism to the statements of the industry. The lack of any counter balance to the industry’s PR blitz angered many in the environmental community on the Olympic Peninsula toward this committee that had a long history of standing to protect the nearshore. The decision to not include substantial criticism of the industry led the long time environmental representative on the committee to resign.

The outcome of this case is unclear at the time of this writing. However, it will likely have a substantial effect on future shellfish farm permits, and may force the closure of some larger farms that were recently permitted, until such time as adequate scientific study on their effects is done. The ruling ends with the judge throwing out the Army’s ability to issue permits in Washington. However, the judge does say to Taylor and others that they can apply for individual permits. The Court has the ability to allow a “period of time in which growers can avail themselves of the process before the existing permits would be invalidated or to fashion some other equitable remedy to minimize both the risks of environmental harm  and any disruptive consequences.” So there is some wiggle room for the growers to get some activities going to mitigate the effects of this ruling.

This case also fully vindicates the environmentalists’ concerns over the ever expanding industry, it’s conversion of pristine shorelines to monoculture farming and the allies of this industry in city, county and state government. The industry is not down and out yet. It’s worth noting that Taylor has apparently spent tens of thousands of dollars lobbying back in Washington D.C. and is likely to support Republican efforts to roll back the Clean Water Act to eliminate the local nature of permitting to favor national ones. Given this ruling, that likely is a losing tactic.

This blog will continue to follow this breaking story with further updates as we receive them.

 

 

 

 

 

 

Feds seek expanded habitat protection as salmon, orcas battle climate change, habitat degradation – Seattle Times

While this is very welcome and overdue, it does, of course, exempt the military from this designation. So the Orcas can be protected against everything, except our military running secret experimental bombing, which by their own admission in their environmental review documents, will lead to death of wildlife. We consistently do not hold the military to the same environmental standards that we hold all other citizens.  Without doing that, this is just more of the same, fiddling while nature burns.

The designation requires review of federal actions within the areas that could affect southern resident killer whales, providing additional oversight by the National Oceanic and Atmospheric Administration (NOAA).

https://www.seattletimes.com/seattle-news/environment/feds-seek-expanded-habitat-protection-as-salmon-orcas-battle-climate-change-habitat-degradation/?utm_source=referral&utm_medium=mobile-app&utm_campaign=ios

Proposed EPA Rules Could Limit State And Tribal Power To Block Infrastructure Projects -OPB

Over the last few years, since Trump came to power, I have been hearing about companies, some here in the NW engaged in shellfish farming, that have been quietly spending tens of thousands of dollars lobbying the Federal government to strip away the capability of local jurisdictions, such as county, state and tribal governments, to create local rules that could stymie the businesses operations or licensing by the federal government, under the Clean Water Act. A goal of theirs has been to take away the ability of local environmentally concerned organizations to sue, other than at the federal level.  Now, it appears the Trump administration is acting on their lobbying efforts. Think about fish farming, pulp mills, or any other activity covered under the Clean Water Act.

The rules specifically would restrict these non-federal governments’ authority to review the water quality impacts of projects that require a federal permit or license. These projects range from pipelines to hydropower facilities to dredging — any development that result in “discharge” into U.S. waters.

DATES: Comments must be received on or before October 21, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OW–2019–0405, at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lauren Kasparek, Oceans, Wetlands, and Communities Division, Office of Water (4504–T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 564–3351; email address: cwa401@epa.gov.

Read the whole legal document (very long, very difficult to follow if not a environmental lawyer) at

Click to access cwa401certification_2060-af86_nprm_20190807_prepublication_version.pdf

https://www.opb.org/news/article/federal-water-quality-rules-energy-infrastructure/

EVENT: State attorney general Ferguson, DNR commissioner Franz to speak Aug. 25 at Democrats’ annual Fish Feast

Washington Attorney General Bob Ferguson, undefeated in 22 lawsuits so far against the Trump administration, will be one of two keynote speakers Sunday, Aug. 25, at the 25th annual Fish Feast in Port Townsend of the Jefferson County Democrats. Its theme this year: “There’s a Lot on the Line.”

Lands Commissioner Hilary Franz, who spearheaded the development of a 10-year statewide plan to fight and prevent wildfires, will be the other keynote speaker.

Tickets for the event at the Jefferson County Fairgrounds are available for $60 at jeffcodemocrats.com and by mail at Jefferson County Democrats, P. O. Box 85, Port Townsend, WA 98368. Tickets will also be available at the door (cash, check or card).

Doors open at 4 p.m. for the bar and socializing in the Erickson Building. Dinner starts at 5:30 p.m., and speakers begin at 6 p.m. The party donates one dollar of each ticket to the Jefferson County Fair Board.

“The Fish Feast is our major fundraiser of the year,” said party Chair Marty Gilmore. “Each ticket purchase supports the vital work we do year-round to elect Democrats! It’s also an opportunity to hear the latest on current issues from our guest speakers – and fun time to see friends.”

Recent successes by Ferguson’s office include the largest-ever trial award in a state consumer protection case, debt relief from predatory lending for hundreds of students, and defense of the constitution by defeating the Trump administration’s attempt to add a discriminatory citizenship question to the 2020 Census.

Franz’s office has led state efforts to make Washington’s lands resilient in the face of climate change, investing in carbon sequestration and clean energy with wind, solar and geothermal infrastructure. Her office has also allocated millions of dollars to struggling rural communities to spark economic opportunities.

Fish Feast attendees will also hear from U.S. Rep. Derek Kilmer, state Sen. Kevin Van de Wege, state Reps. Mike Chapman and Steve Tharinger, state party chair Tina Podlodowski, and local Democratic elected officials.

Before the feast is served, guests can mingle with candidates, campaigns, and organizations in Campaign Alley outside the Oscar Erickson Building.

Rep. Kilmer has sponsored tickets for 20 Young Democrats (under 35 years old). Contact Libby Wennstrom (360-301-9728) or Chelsea Pronovost (425-256-0626) to pre-register as a guest.

“We’re also offering 20 discounted tickets at our cost,” said Fish Feast organizer Claire Roney. “$25 each – first come, first serve.” For more information—or to volunteer for the Fish Feast, contact Roney at (360) 531-1177.

The Fish Feat menu will include sockeye salmon from Key City Fish, BBQed by chef Larry Dennison; shellfish from Taylor Shellfish; greens and veggies from local farms; rolls from Pane d’Amore; and cake. Beverages will include wine from the Wine Seller and beer from Port Townsend Brewing Co.

For more information about the Jefferson County Democrats, visit its website at jeffcodemocrats.com or its Facebook page, @jeffcodemocrats.

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

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

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

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

The bills digest is as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

Legislation to help endangered orcas keeps moving toward approval – Watching Our Waterways

Chris Dunagan on the handful of environmental bills moving through the Olympia sausage making machine.

Members of the governor’s orca task force this week expressed hope and a bit of surprise as they discussed their recommendations to help the orcas —recommendations that were shaped into legislation and now have a fairly good chance of passage. Over the years, some of their ideas have been proposed and discussed — and ultimately killed — by lawmakers, but now the plight of the critically endangered southern resident killer whales has increased the urgency of these environmental measures — including bills dealing with habitat, oil-spill prevention and the orcas themselves. Chris Dunagan reports. (Watching Our Water Ways)

Legislation to help endangered orcas keeps moving toward approval

Voting in Olympia

Current voting status from our Legislators. Culled from the great folks at Washingtonvotes.org. The Democrats are capitalizing on their majority and governor. They are passing a lot of bills to help the environment. While I am not wild about taxing carbon, (I’d rather see better support for purchasing electric vehicles and power recharging stations), as carbon taxes really don’t change behavior from what I’ve seen, simply make people pay more. Setting quotas on how many electric vehicles are imported for sale here simply penalizes the car dealers if they don’t sell. That’s just dumb. They are already paying taxes on gross sales, which is also a bad tax system. I’d much rather created incentives for people to buy! That will drive demand. It’s all about demand and alternative choices (i.e. mass transit).

I took a bus for many years from North Seattle to Redmond. I did it because there were frequent busses and it was convenient. I knew I could leave early and return early or late. I don’t see anything being done to create more incentive for people to take mass transit on the Olympic Peninsula. As an example, it would seem we need more busses serving PT to Sequim, where people may work, or go to medical appointments. There are only four busses,the first leaves at 8:30 AM. No working person will take that bus. They have to drive to near the airport to catch the earlier bus. Coming back the last bus leaves Sequim at 6:40, so if you have to stay late, you are stuck. The first bus leaves Sequim for PT at 6:52, so you can certainly catch that bus if you work in PT, but again, your last opportunity out is at 5:50. It appears we could easily do one more bus on each end of the day. One leaves early to Sequim from Haynes and one leaves later from Sequim and returns later from PT. That is what creating demand can accomplish. However you also need to advertise the service.

There are people though that will never take the bus, and for them, we need to drive demand for longer range electric vehicles. Maybe a service that would allow people to ‘rent’ an electric car at the Haynes P&R and drive it to Sequim, etc. and return it when done to Haynes. That seems to be a technology that is available. It certainly has worked in Seattle. ReachNow, ZipCar, Car2Go.

So here’s your local legislator’s votes


House Bill 1110, Reducing the greenhouse gas emissions associated with transportation fuels

Passed the House on March 12 by a vote of 53-43

This bill would direct the state Department of Ecology to impose low-carbon fuel limits on gasoline and other transportation related fuels with a “clean fuels” program. Under the bill, carbon emissions of transportation fuels would have to be reduced to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035. The mandatory program would begin Jan. 1, 2021. During floor debate, opponents argued that the bill would harm Washington residents by raising gas prices, which are already among the highest in the nation, and raising other costs, including food prices. A Republican amendment to allow a public vote at the next general election was defeated, and the bill passed along party lines by a 53-43 vote. Bi-partisan opposition to the bill included all Republicans and three Democrats. The bill was referred to the Senate Environment, Energy and Technology Committee for further consideration

Rep. Chapman Yes

Rep. Tharinger Yes

This bill would impose California’s automobile emission rules on vehicle owners in Washington. Under the bill, car makers would be assigned credits based on the kind of fuel efficient cars they bring into the state. Those credits would then be used to set quotas for how many zero-emission vehicles manufacturers must ship into the state and for dealers to offer for sale, regardless of whether consumers want them or not. The stated goal of the bill is to have about 2.5 percent of all cars brought into Washington be the equivalent of zero-emission vehicles. The bill is now before the House Environment and Energy Committee for further consideration.
Sen. Kevin Van De Wege (Sequim) (D) ‘Voted Yes’
If enacted into law, this bill would ban stores from giving single-use plastic carryout bags to their customers. The ban includes paper and recycled plastic bags unless they meet stringent recycled content requirements. Under the bill, retailers would also be required to collect an 8-cent per bag tax for each recycled content large paper or plastic carryout bag provided. These provisions would supersede local bag ordinances, except for ordinances establishing a 10-cent per bag charge in effect as of January 1, 2019. Passage of SB 5323 by the Senate is the furthest statewide bag-ban proposals have advanced in the legislative process, since the idea of regulating and taxing shopping bags were first proposed in 2013. The bill was sent to the House Environment and Energy Committee for further consideration.
Sen. Kevin Van De Wege (Sequim) (D) ‘Voted Yes’
Under this bill, Washington’s electric utilities would have to eliminate all coal-fired energy sources by 2025 and meet 100 percent of its retail electric load using non-emitting and renewable resources by January 1, 2045. ?In support of the bill, Democrats said the state has an entrepreneurial economy that can move toward a clean energy economy. Solar and wind are the future, and this bill provides a common sense framework for bold actions toward a carbon-free electricity, they said. Republican senators offered nearly two dozen amendments to the bill, pointing out that Washington utilities already rely heavily on clean hydroelectric power and that the bill’s provisions would really only result in additional costs and rate increases to be borne by consumers. Most of the amendments failed, and the bill passed along strictly partisan lines, with one Republican and one Democrat member excused. The bill was sent to the House Committee on Environment and Energy, which has scheduled a public hearing for March 5th.
Sen. Kevin Van De Wege (Sequim) (D) ‘Voted Yes’

Court Ruling Clears Hurdle Toward Lasting Protections For Puget Sound Shorelines

Legal challenge targeting Corps’ failure to regulate shoreline armoring will go forward

In  full disclosure, the author of this blog is on the board of directors of Sound Action, one of the plaintiffs in this case. This case, if successful,  is likely to have significant ramifications to the placement of bulkheads, when allowed, along the shoreline.

Today the federal court soundly found in the plaintiffs favor and denied the Motion to Dismiss. Most significantly, the court found that a final agency action had taken place — which clears the way for the challenge to move forward.

February 5, 2019
Seattle, WA —A federal judge today rejected an effort by the U.S. Army Corps of Engineers (“Corps”) to dismiss a lawsuit challenging its refusal to adequately protect shoreline areas in Puget Sound. The Court’s decision means the lawsuit, which charges that the agency has refused to assert its Clean Water Act jurisdiction over most shoreline armoring in Puget Sound, will go forward.

Sound Action, Washington Environmental Council, and Friends of the San Juans filed the suit in May of 2018. The groups contend a strong federal policy to protect shorelines is critical to Puget Sound recovery and the survival of endangered orcas.

The coalition, represented by the nonprofit environmental law firm Earthjustice, is calling for federal oversight of shoreline armoring by raising what the Corps’ Seattle District considers the “high tide line” to better protect at-risk species and shorelines. The lawsuit also calls for a response to the groups’ 2015 petition asking for jurisdictional decisions on four shoreline armoring projects.

“The Army Corps should spend less time filing pointless motions in Court and more time getting on board with the rest of the region in protecting critical shoreline habitat,” said Anna Sewell of Earthjustice, lead attorney for the plaintiffs. “The Corps should stop fighting this lawsuit and start implementing the law so that Puget Sound’s salmon and Southern Resident orcas have a shot at survival.”

Read the Court’s decision.

Read the complaint.

https://earthjustice.org/news/press/2019/court-ruling-clears-hurdle-toward-lasting-protections-for-puget-sound-shorelines

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.

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. In the lawsuit, the plaintiffs challenge the Corps’ failures to adequately protect Puget Sound shoreline habitat by fully implementing the law.

The orca recovery plans that could become state law – KCPQ

Three bills hit the floor for supporting Orca recovery. More on this soon.

After a year of task force meetings, it’s time to find out if the governor’s ambitious plans to save the endangered southern resident orcas will turn into state law. It’s in the hands of state lawmakers now as they introduced several bills in Olympia Wednesday. The legislation is based on several of the governor’s orca task force recommendations. Some will be a harder sell than others. [Read about House Bill 1580 and Senate Bill 5577 which deal with aspects of vessel noise; House Bill 1578 and Senate Bill 5578 which deal with improving oil transport safety; House Bill 1579 and Senate Bill 5580 which increase habitat for Chinook and forage fish.]  Simone Del Rosario reports. (KCPQ)

The orca recovery plans that could become state law

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