138K green crabs pulled from Washington waters … so far in 2022 – KUOW

Posted on August 25, 2022 by Al Bergstein

The battle to rid our waters of the invasive European green crabs is making some headway. Losing this battle could mean the end of Dungeness Crab and many other creatures in the Salish Sea. Luckily the State and Tribes are taking this very seriously, as they should.


So far this year, Washington’s Department of Fish and Wildlife says more than 138,000 European green crabs have been removed from Washington waters. It’s a considerable increase in green crabs captured locally than previously reported this year. A total of 85,000 were captured near Bellingham last year. (KUOW) 

Filed under: Around the Salish Sea, Environmental Protection, invasive species | 3 Comments »

WA Supreme Court landmark decision on forestlands

Posted on July 22, 2022 by Al Bergstein

This is an incredibly important ruling by the Washington State Supreme Court. Why? Because it opens up the real possibility of better timber management to protect old growth along with looking at harvest and its effect on global warming by DNR.

The basis of the lawsuit was this: Article 16, Sec on 1 of the Washington State Constitution states “all the public lands granted to the state are held in trust for all the people.”

Read on. Joint press release from Conservation Northwest, Washington Environmental Council, and Olympic Forest Coalition. Below it is DNR head, Hilary Franz’s response.

Washington State Supreme Court Rules in Conservation Northwest v Commissioner of Public Lands
In an unanimous decision, Court recognizes State’s authority to manage forestlands for public benefit.

OLYMPIA, WA— Today, the Washington State Supreme Court confirms that the state has a constitutional mandate and broad authority to serve “all the people” of Washington and the public interest when managing state lands. This unanimous decision in the case of Conservation Northwest, et al. v. Commissioner of Public Lands, et al . , recognizes that the Department of Natural Resources (DNR) can integrate the many diverse public benefits of forests into the management of state forestlands, beyond maximizing revenue genera on from timber harvests.


DNR has historically managed forestlands in ways that maximize revenue from logging, even at the expense of other public interests and benefits. This decision recognizes that the agency, Commissioner of Public Lands, Board of Natural Resources, and State of Washington have the power to manage public lands in ways that truly reflect and support our state’s evolving environmental, economic, and social needs.


The court’s decision states that DNR’s need to serve identified beneficiaries and DNR’s requirement under the State constitution to serve the public interest “should be construed in harmony.” As the Court explained, “[t]here appear to be myriad ways DNR could choose to generate revenue from the state and forest board lands or otherwise put them to use for the benefit of the enumerated beneficiaries.”


The court also states that DNR is not required to generate revenue specifically from timber harvests on state lands, but may elect to do so because of their discretion as trust managers. The agency is also not required to prioritize revenue maximization on in their land management.


“The battle we’ve been fighting is to achieve a fair balance. We have argued that the management of these lands has historically been pushed to maximize revenue. We have never fought to end all timber harvest on state lands,” said Peter Goldman, Director, Washington Forest Law Center and co-counsel for plaintiffs, “This decision confirms instead that the agency, Commissioner of Public Lands, Board of Natural Resources, and State of Washington does not have to maximize timber harvest or revenue generation, and have broad discretion on to balance revenue genera on for identified beneficiaries with management for the broader public interest. DNR and the Legislature now can design 21st Century forest management that meets the challenges we face today.”


Environmental organizations Conservation Northwest, Washington Environmental Council, and Olympic
Forest Coalition, as well as eight community members, brought forth the lawsuit arguing that the state constitution requires that the federally-granted public forestlands managed by the state Department of Natural Resources (DNR) are “held in trust for all the people.” There are approximately 2 million acres of “state trust lands” that were granted to the state by the federal government upon statehood, including almost 1.5 million acres that are forested.


“The court issued a monumental conservation ruling. Over coming years and decades, this ruling will be cited in support of nature-protection policies made by the legislature and the DNR. In short, the nature of this trust is that the state has the discretion to protect the public’s resources,” said Mitch Friedman, Executive Director of Conservation Northwest.

“We are encouraged to see that the Washington State Supreme Court has recognized the power and broad discretion the State has to manage public lands for the benefit of all the people, and not just for maximum timber revenue. Our state’s forests provide immense benefits to all of us–people, trees, animals, and our futures. Washingtonians should not be forced to choose between harvesting timber for funding and having healthy forests to protect our air, water, habitat, and public health,” said Alyssa Macy, CEO of Washington Environmental Council and Washington Conservation Voters. “This decision opens the door for the Department of Natural Resources to manage our public lands toward a healthy, equitable future for generations to come.”


“We are now seeing unprecedented changes in our state forests, habitats, and watersheds from climate disruption”, said Connie Gallant, President of the Olympic Forest Coalition , “We can no longer afford to mine our forests only for short term revenues, assuming without scientific evidence that they will continue to grow back indefinitely. We simply cannot blindly sacrifice the environment any more. The Court recognized that DNR and the Legislature must balance the interests of all the people , not only maximize revenue from timber harvests. This case has clearly put the responsibility on the Commissioner of Public Lands and the Legislature to resolve the policy differences, balance our interests and find a clear path forward. DNR has the discretion – their hands are no longer ed. We can manage for carbon, for science, for revenues, for all our interests. We literally have some of the most important forests in the world to either mi gate climate disruption or add to it. We shall see if the Commissioner of Public Lands and our elected officials take up the baton the Washington Supreme Court has passed to them and protect these forests.”


Article 16, Sec on 1 of the Washington State Constitution states “all the public lands granted to the state are held in trust for all the people.” Conservation NW et al. v. Commissioner of Public Lands et al. asked the court to interpret this constitutional language to require that the agency must consider both generating revenue and the multitude of other ecological benefits of state forestlands.


Upon Washington’s statehood in 1889, the federal government granted Washington 3 million acres of land through the Enabling Act to be held for the public and to support public institutions, including K-12 school construction and state universities. The Board of Natural Resources (BNR) sets policies for management of state trust lands, and management is carried out by the Department of Natural Resources (DNR).


The environmental organizations and individuals in this case were represented by the Ziontz Chestnut law firm and the Washington Forest Law Center.


###


“Keeping the Northwest wild” since 1989, Conservation Northwest is a regional non-profit organization that protects, connects and restores wildlands and wildlife from the Washington Coast to the British Columbia Rockies. Staff operate in local communities and rural areas around Washington and into southern B.C., using dialogue to find common ground and collaborative solutions for challenging issues including habitat corridors, wilderness conservation, forest restoration and endangered species recovery.
The Olympic Forest Coalition (OFCO) promotes the protection, conservation and restoration of natural forest ecosystems and their processes on the Olympic Peninsula. This mission includes monitoring and caring for the public forests, watersheds and bays of the Peninsula. OFCO’s approach integrates science-based solutions that protect and restore natural ecosystems, threatened and endangered species, and healthy rural communities. OFCO incorporates the climate crisis and mitigating its impacts on the Olympic Peninsula as foundational for all of its work.


Washington Environmental Council is a nonprofit, statewide advocacy organization on that has been driving positive change to solve Washington’s most critical environmental challenges since 1967. Our mission is to protect, restore, and sustain Washington’s environment for all.

Commissioner Franz Statement in Response to Washington Supreme Court Ruling

OLYMPIA – Commissioner of Public Lands Hilary Franz, head of the Department of Natural Resources (DNR), released the following statement in response to the Washington Supreme Court’s unanimous ruling in Conservation Northwest, et al. v. Commissioner of Public Lands et al., regarding the interpretation of the state Constitution’s policy on management of state trust lands:

“I believe strongly in our mission to protect public lands, support healthy forests, and provide essential benefits to the people of Washington.

“Today’s ruling affirms DNR’s position that it has discretion under the constitutional and legislative mandate to manage public lands on behalf of the communities we serve and ensure our public lands are providing the greatest environmental, social, and economic good.

“I also recognize that in the face of a rapidly changing climate, we must do everything we can to safeguard public lands and protect our forests. This is why DNR has made climate resilience and long-term sustainable land use a core part of our work, including being a nationwide leader in efforts to restore forest health and conserve forestland and critical habitat across our state.

“I look forward to our continued work to ensure Washington state’s public lands are healthy, support our communities, and are protected for generations to come.”

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NWI: Purchase protects Discovery Creek headwaters – PDN and others

Posted on June 28, 2022 by Al Bergstein

A little behind on this news. Congratulations to Northwest Watershed Institute and everyone else who helped pull this off!

Ninety-one acres of forest and streams at the headwaters of Discovery Creek, a major tributary to Dabob Bay in East Jefferson County, have been acquired by Northwest Watershed Institute from Rayonier. The project completes preservation of nearly the entirety of Discovery Creek, which is the second largest freshwater source to Tarboo-Dabob Bay.

PDN & NWI

Microsoft Word – Discovery Ck acquisition May 27 2022.docx (nwwatershed.org)

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Navy SEAL use of state parks appears over – Seattle Times – Update

Posted on June 18, 2022 by Al Bergstein

The attempt to turn our state parks into training grounds for the military is over for now. The lack of concern by many citizens, including those in roles who’s charters clearly gave them authority to simply speak out against it, like our Port Commissioners and Marine Resources Committee members back in 2016, showed a lack of will to take a stand when needed. Luckily, others came forward to write the Parks Commissioners and fight it in court. Eventually, organizations like the MRC did come around and issue letters of concern.

Not wanting to rock the boat on issues like this, is no excuse for inaction. Thanks to those who did the right thing to challenge this.

Navy SEAL use of state parks appears over as state declines to appeal judge’s decision

https://www.seattletimes.com/seattle-news/navy-seal-use-of-state-parks-appears-over-as-state-declines-to-appeal-judges-decision/

I also received this email today.

“In your Olympic Peninsula Environmental News post today titled “Navy SEAL use of state parks appears over,” you implied that the Jefferson County MRC was silent on the issue of naval special operations training in our State Parks. To the contrary, the MRC did write an advisory letter in January 2021 to the Board of County Commissioners, who forwarded our concerns to the Parks and Recreation Commission. Our letter may be found on the Jefferson MRC website at https://www.jeffersonmrc.org/media/20315/jcmrc_letter-re-navaltraining_1152021-signed.pdf.  It would be helpful if you would correct this for the record in your newsletter.“

I’m happy to hear that the Jefferson MRC finally did take a stand on this issue. I was a member of the MRC from 2010 to 2019, and during the time of my being chair and beyond, I did attempt to raise this issue and seek a letter taking a stand. At that time, with the membership it had, there was no interest in doing that. Now, with a somewhat different set of members, it appears that they have accomplished it. I am supportive of the MRC following it’s charter to seek to protect the waters and shoreline of Jefferson County.

Filed under: Around the Salish Sea, Environmental Protection, Olympic Peninsula | 3 Comments »

Beyond Pesticides Launches Campaign to Save Dungeness Spit from Aquaculture

Posted on June 11, 2022 by Al Bergstein

Beyond Pesticides (BP) has apparently recently learned of the ongoing battle to save Dungeness Spit from an aquaculture farm, supported by Commissioner Hilary Franz and others in our local and state governments. While BP is late to this issue, we welcome their efforts to stop this while we still have a small chance.

In spite of the known harm to migratory and residential birds, salmon, forage fish, other wildlife and their primary feeding areas, and a recommendation by the National Marine Fisheries Service that “an alternative site be identified in a location that results in less potential impacts to wildlife that is more appropriate for aquaculture and meets the goals of the tribe,” permitting agencies approved permits and a lease for a 50-acre industrial oyster farm for private financial gain inside the Dungeness National Wildlife Refuge. This decision, which is in violation of the Clean Water Act and the Migratory Bird Treaty Act, must be reversed.

Agencies are well aware of the potential damage to the lands it is their mission to protect.

>>Tell the Washington State Department of Natural Resources and the U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

The Dungeness Bay Wildlife Refuge was created by Executive Order in 1915 by Woodrow Wilson, directing the area to be set aside as a “refuge, preserve and breeding ground for native birds and prohibits any disturbance of the birds within the reserve.” The Refuge provides habitat, a preserve and breeding grounds for more than 250 species of birds and 41 species of land animals. 

The front page of the Refuge website states: “Pets, bicycles, kite flying, Frisbees, ball-playing, camping, and fires are not permitted on the Refuge as they are a disturbance for the many migrating birds and other wildlife taking solitude on the Refuge.” With this level of concern, it is counterintuitive to allow destructive industrial aquaculture. 

These detrimental effects to the Dungeness National Wildlife Refuge are NOT minimal. Among the negative impacts of this project are: 50% reduction in bird primary feeding grounds;  20,000 – 80,000 toxic plastic oyster bags that exclude the probing shorebird flocks from feeding deeply into the substrate, entrapment of fish and birds, add macro- and micro-plastic bits to the sediment throughout the refuge, and shift the benthic community composition; diminishment of the ecological benefits provided by eelgrass to threatened fish and birds, such as nourishment and cover from predators and, with warming waters, increased toxic algal blooms that will leave a graveyard of dead oysters. Additionally, commercial shellfish operations attract pathogens and non-native species that threaten the area ecosystem and the shellfish. Decision makers should not place financial benefits to the corporation above the long term and cumulative impacts to the refuge.

>>Tell the Washington State Department of Natural Resources and U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

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Two Countries, Two Government Officials, Poised to Make One Critical Decision

Posted on June 11, 2022 by Al Bergstein

The Wild Fish Conservancy brings up the impending decisions on net pens that both BC and Washington officials will be making. Given a conversation that I had with Commissioner Franz last year, I hold very little hope of her doing the right thing. She seems either ignorant of the issues, letting staffers make the decisions, or in favor of industry on this topic. But your input now could make a difference. Call her office. 360-902-1000

Filed under: Aquaculture, Environmental Activism, Environmental Law, Environmental Protection, Government, legislation, Olympic Peninsula | 2 Comments »

Choosing Winners and Losers in Alaska’s Crab Fishery -Hakai Magazine

Posted on May 2, 2022 by Al Bergstein

Great article on the Alaska crab season.

A quota system implemented in 2005 has meant economic and social trade-offs.

https://hakaimagazine.com/news/choosing-winners-and-losers-in-alaskas-crab-fishery/

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Perspective: DNR moving forward with cutting Ludlow old growth while “protecting” other areas

Posted on April 14, 2022 by Al Bergstein

The confusing balancing act of Washington State Commissioner of Public Lands Hilary Franz and Jefferson County environmentalists and politicians has continued over the last month. Franz runs the Department of Natural Resources (DNR). First, a bit of background:

The Olympic Forest Coalition, which has been working hard to protect forests for decades, and includes some of the most well respected Democratic activists in the county, has issued written concerns to DNR and the County Commissioners about logging of old growth near Port Ludlow. Ludlow has seen a huge upturn in large clear-cut parcels in the last year. A drive along Paradise Bay road recently showed huge swaths cut on both sides of the road east of Ludlow.

The OFC wrote a letter to county commissioners stating:”…. request your assistance on how best to approach the BOCC on a timber sale of concern, the Beaver Valley Sorts sale near Port Ludlow, and I believe in your district. The sale has been recommended by the DNR staff to the Board of Natural Resources and will be on the BNR agenda April 5th [https://www.dnr.wa.gov/publications/em_bc_bnr_agenda_04052022.pdf ].  OFCO is very concerned that this sale contains unique plant associations remaining in our area, is an important sequester of carbon and provides resiliency in the face of climate change, and contains stands that DNR is required to conserve under the multi species Habitat Conservation Plan.”

The county commissioners then issued a letter to DNR on April 4th stating:

April 4, 2022
To: Commissioner Hilary Franz
Deputy Supervisor Angus Brodie
Board of Natural Resources
From: Jefferson County Board of County Commissioners
RE: Beaver Valley Sorts timber harvest
Commissioner, Mr. Brodie and Board Members,
The Jefferson County Board of County Commissioners( BOCC) appreciates your partnership in managing
Washington State’ s resource lands for the many benefits they convey, and we recognize the
complexity that presents in your policy- and decision- making.
We are writing to ask you to not approve and defer the Beaver Valley Sorts timber sale before the Board
on Tuesday, April 5, 2022. We ask this given the other, important work that DNR is engaged in
which will ultimately inform this sale and others like it in the future. Specifically, we would like to
delay this sale for the following reasons:
Jefferson County highly values the myriad ecosystem functions that our forests serve, especially carbon
sequestration as we see the impacts of climate change accelerating. We implore DNR and the Board of
Natural Resources to finalize a calculation of sequestered and emitted carbon to use in analysis of all
future timber sales and harvests. (emphasis mine)
The Trust Land Transfer proviso work group is currently working to provide pathways for communities
like ours to identify the trust lands most suitable for harvest and those better suited to conservation.
We would like to see the outcomes of their work before any harvest commences on diverse, mature
forests such those in the Beaver Valley Sorts units.
While these are specific concerns related to the Beaver Valley Sorts timber sale, they are indicative of
broader, structural and existential concerns that we have about how our State’ s trust lands are held
and managed. Simply put, funding schools, libraries, emergency services and other essential
services with industrial forest practices is outdated and needs to be reconsidered.
We recognize forestry as an important economic and cultural driver in the state of Washington, but see
enormous opportunity for innovation in how state- owned lands are managed. Whether it is variable
retention harvest, or the selling of carbon credits, or development of specialty forestry products,
alternatives to clear-cutting exist. Jefferson County will gladly partner with DNR in exploring new
and alternative forest practices that don’ t pit funding of essential services with protecting our
environment. That is a zero- sum game in which nobody wins.

As this letter was being delivered, Commissioner Franz decided to temporarily pull the Beaver Valley Sorts and push it’s sale further into the summer. But it is not off the table to be sold.

Franz simultaneously was meeting with a select group of environmental orgs and Tribes from the south and east sides of the Sound. On April 4th DNR announced:

DNR to Announce First-of-its-Kind Carbon Project on State Trust Lands

Project will preserve thousands of acres of Western Washington’s most ecologically valuable forests, offset carbon emissions, and generate millions of dollars in revenue for schools and counties throughout the state

OLYMPIA – Commissioner of Public Lands Hilary Franz will unveil a historic carbon project on state trust lands on Wednesday morning that will offset hundreds of thousands of metric tons of emissions by protecting thousands of acres of Western Washington’s most ecologically valuable forests.

Franz will be joined by Tribal leaders, environmental advocates, and carbon market industry experts to discuss the unprecedented approach DNR is undertaking and potential to reset, and serve as a model for, carbon markets throughout the country.

Project areas in Whatcom, Thurston, King, and Grays Harbor counties will be used to sequester carbon and generate revenue for state trust land beneficiaries through carbon markets.

DNR media release

Mysteriously missing from this decision, was any inclusion of Jefferson County forest lands. The question is “why?”

With a letter in hand and years of work between Jefferson County and Ms. Franz (who has attended the Jefferson County Democratic Fish Fry numerous times), she appears to have ignored any opportunity to work with the county to protect its forests in this carbon project. Questions remain: Why were those counties chosen and not anything from Jefferson County? Why was their no discussion between DNR and Jefferson County Commissioners before making this announcement? Why was the Beaver Valley Sorts sale taken off the table just as this announcement was happening and pushed to mid-summer?

In a scathing editorial in the Seattle Times, Former DNR Commissioner Peter Goldmark and Mary Jean Ryan, a member of the board of the Center for Responsible Forestry and served as chair and as a member of the Washington State Board of Education from 2006-2014, stated this:

While creating a small carbon reserve with a few thousand acres of older forests is crucial to begin climate mitigation in state forests, this action is in stark contrast to DNR’s timber harvest plans. Under current state policy, older forests are being clear-cut at an alarming rate. (emphasis mine) Over the next year, the DNR has plans to log more than 5,000 acres of older forests that have similar characteristics to those identified for the carbon reserve. Since there are many younger plantations of trees available for harvest on DNR-managed lands, this choice to preferentially log older forests undermines the very goals and values expressed by Commissioner Hilary Franz on April 6. This glaring contradiction should be resolved. The DNR and the Board of Natural Resources should take swift action to abandon the plan to clear-cut these valuable older forests.

… Thankfully, communities from Bellingham to Olympia and to the Olympic Peninsula are mobilizing and organizing to save these treasured forests. We strongly believe that these forests should be conserved and not logged. We reject the idea that the state needs to log these forests to pay for important public services.

https://www.seattletimes.com/opinion/save-washingtons-legacy-forests-to-save-ourselves/

Meanwhile:

Goldmark and others said they were surprised by the policy because Conservation Northwest, the Washington Environmental Council and other plaintiffs have taken a lawsuit all the way to the State Supreme Court to argue the DNR has the authority to consider values beyond dollars when determining management of state lands not only for trust beneficiaries, but for all the people of Washington. A decision on the case is expected any time.

https://www.seattletimes.com/seattle-news/wa-to-preserve-10000-acres-of-trees-to-sell-as-carbon-credits-to-polluters/

Why the sudden decision on the eve of a lawsuit by environmental groups that are well respected? Politics?

Commissioner Franz has in the past used Jefferson County for fundraising for her campaigns. There are persistent rumors of her possibly mounting a campaign for governor. Her recent fundraising during a year when she is not running for office is interesting in light of these rumors. Her haphazard approach to this issue seems to be attempting to burnish her creds as environmentalist while angering some of her former supporters. That no discussions were held by the Commissioner with those who’s support she usually is asking for when raising funds, is puzzling in the least.

The Olympic Peninsula Environmental News will continue to follow this very confusing story.

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FDA Sued Over Failure to Release Documents Regarding Approval of Genetically Engineered Salmon, Planned Ohio Production Facility 

Posted on March 12, 2022 by Al Bergstein

While this is not local news, it does show that the aquaculture industry seems to be untrustworthy when it comes to honesty to the public. We have seen this many times locally. As mentioned before, the only way to protect our environment seems to be in the courts. We have seen many times recently that we cannot trust the FDA, NOAA, State & Federal EPA, local officials nor the Army Corps of Engineers to actually do their jobs in following the law to protect our environment. The only thing that seems to stop them is lawsuits.

“After years of touting that it will grow its fish in tanks that recycle the water, the company now plans to pump water from the aquifer that supplies community drinking water and dump wastewater back into a nearby stream. Without the requested documents, we have no way to know if FDA has fully considered the effects this facility will have on the local environment.” 

SAN FRANCISCO—Today, Center for Food Safety (CFS) filed a Freedom of Information Act (FOIA) lawsuit against the Food and Drug Administration (FDA) for unlawfully withholding records regarding FDA’s environmental assessment of genetically engineered (GE) salmon and a planned Ohio-based production facility—a major expansion from current capacity. The FOIA lawsuit comes on the heels of CFS and allies’ successful lawsuit holding FDA’s approval of GE salmon unlawful. FDA’s approval marked the first time any government in the world had approved a GE animal as food. 

“Despite the 2020 court decision holding FDA’s first-ever approval of a genetically engineered food animal unlawful, FDA claims it needs nearly two years to produce records,” said Amy van Saun, senior attorney at Center for Food Safety. “But our request is narrow and straightforward: it’s time for FDA to tell the public about the possible environmental and ecological effects of genetically engineered salmon, including any effects to endangered wild salmon species.”  

AquaBounty’s AquAdvantage GE salmon is produced with DNA from Atlantic salmon, Pacific king salmon, and Arctic Ocean eelpout. In 2016, CFS and Earthjustice—representing a broad client coalition of environmental, consumer, commercial and recreational fishing organizations and the Quinault Indian Nation—sued FDA over the agency’s approval of GE salmon, citing inadequate environmental assessments and broad risks to ecosystems. 

In 2020, in a victory for CFS and allies, a California district court ruled the FDA violated core federal environmental laws in approving GE salmon, including failing to fully assess the serious environmental consequences of approving a GE salmon and the full extent of plans to grow and commercialize the salmon in the U.S. and around the world. The court sent the approval back to FDA to undertake more thorough environmental analyses to inform the public about the potential risks. 

After that ruling, AquaBounty announced plans to build a $200 million facility, expanding its production of GE salmon by 10,000 metric tons. This operation will be eight times larger than its existing Indiana facility. With action in play to produce GE salmon on an even larger scale, it is even more important to understand the environmental and ecological risks of producing and marketing GE salmon for human consumption.  

In October 2021, CFS submitted a FOIA request to FDA, seeking all documents related to FDA’s environmental assessments of AquaBounty’s AquAdvantage salmon and the planned Ohio facility, pursuant to the district court’s ruling. FDA is yet to produce the records, prompting CFS to now sue FDA under FOIA.  

“We are concerned that FDA is not paying careful attention to AquaBounty’s planned expansion in Ohio,” said Jaydee Hanson, policy director at Center for Food Safety. “After years of touting that it will grow its fish in tanks that recycle the water, the company now plans to pump water from the aquifer that supplies community drinking water and dump wastewater back into a nearby stream. Without the requested documents, we have no way to know if FDA has fully considered the effects this facility will have on the local environment.” 

CFS is committed to ensuring the public has access to information concerning government regulation of food production and labeling. CFS’s FOIA program is committed to upholding the principles embodied in FOIA, such as maintaining an open and transparent government. 

# # # 

Center for Food Safety’s mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. Please join our more than one million members across the country at www.centerforfoodsafety.org. Twitter: @CFSTrueFood 

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Happy Birthday, Billy Frank Jr.

Posted on March 9, 2022 by Al Bergstein

One of the greatest American native leaders of the last 50 years. His influence cannot be overstated. His work led to the incredible explosion of money and projects to save what remains of our great salmon runs, which of course means restoring the earth and protecting it. He was a speaker that always had the perspective to understand what was really needed. He also had passion. In 2012 I audio taped Billy Frank speaking at the Northwest Straits Annual Conference. The link to that audio file below. His message hasn’t been dimmed by time.


Billy Frank, Jr. [b. March 9, 1931] was a tireless advocate for Indian treaty rights and environmental stewardship, whose activism paved the way for the “Boldt Decision,” which reaffirmed tribal co-management of salmon resources in the state of Washington. Frank led effective “fish-ins,” which were modeled after sit-ins of the civil rights movement, during the tribal “fish wars” of the 1960s and 1970s. His magnetic personality and tireless advocacy over more than five decades made him a revered figure both domestically and abroad. Frank was the recipient of many awards, including the Martin Luther King, Jr. Distinguished Service Award for Humanitarian Achievement. Frank left in his wake an Indian Country strengthened by greater sovereignty and a nation fortified by his example of service to one’s community, his humility, and his dedication to the principles of human rights and environmental sustainability. (BillyFrankJr.org)

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New UW research explores a way to fight off invasive green crabs – Crosscut

Posted on February 24, 2022 by Al Bergstein

Good news from the UW

An emerging surveillance tool could help the state and tribal partners expand detection and make trapping efforts more effective.

https://crosscut.com/environment/2022/02/new-uw-research-explores-way-fight-invasive-green-crabs

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Urgent Action: Help appoint Lorna Smith to Fish & Wildlife Commission today

Posted on February 23, 2022 by Al Bergstein

Port Townsend resident Lorna Smith was appointed to the Washington Fish and Wildlife Commission By Governor Jay Inslee in January of 2021. I’ve known Lorna for many decades, since she helped Eleanor Stopps & Zella Schultz’s efforts to make Protection Island a National Wildlife Refuge. Lorna is an ecologist who served as Snohomish County’s highest level environmental supervisor for 20 years overseeing NEPA, SEPA and ESA implementation for salmon and other listed species and has been a volunteer for many conservation groups and activities here on the Olympic Peninsula (Olympic Forest Coalition, Jefferson Land Trust, Jefferson County Conservation Futures Committee and Jefferson Planning Commission) and state-wide. She has served on many Department of Fish and Wildlife advisory groups. 

She is the only Fish and Wildlife Commissioner from the Olympic Peninsula and the Commission member with the strongest conservation credentials.A Senate confirmation hearing (in Committee) is scheduled for this Thursday, February 24th, 1:30 PM before the Senate Ag and Natural Resources Committee chaired by Senator Van De Wege, who represents the Peninsula and parts of Grays Harbor County.  Lorna Smith deserves and needs  support to continue critical environmental work  on behalf of Washington’s fish, wildlife and habitats.

Today contact Senator Van De Wege and urge that he support her confirmation as a strong conservation candidate and the Peninsula’s own representative to the Commission. Only the Senators on the Committee will be providing testimony, but you can register your comment about Lorna specifically through the following link:  https://app.leg.wa.gov/pbc/bill/9250

Or via direct email to the following:
Senator Van De Wege email:  Kevin.vandewege@leg.wa.gov
Cc: other key committee members and committee staff:

derek.stanford@leg.wa.gov

christine.rolfes@leg.wa.gov

jesse.salomon@leg.wa.govKaren.epps@leg.wa.gov (staff)

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

Tiny Holes Drilled into Bricks Provide Miniature Homes for Solitary Bees – Colossal

Posted on January 25, 2022 by Al Bergstein

I’m sure many of you follow Colossal, a collection of wonderful art and other new ideas. Since so many of us are backyard farmers, I thought I would post this “feel good” story of a new use of bricks in houses in the UK for mason bees and other early pollinators.

An innovative creation of Cornwall-based Green&Blue, Bee Bricks are designed to establish homes within homes. The architectural building blocks can be layered with more typical materials and feature holes of various sizes that allow the fuzzy, winged insects a space for nesting. These multi-purpose bricks are especially crucial as bee populations dwindle due to habitat loss and a changing climate.

https://www.thisiscolossal.com/2022/01/green-and-blue-bee-bricks/

Filed under: Environmental Protection | Comments Off on Tiny Holes Drilled into Bricks Provide Miniature Homes for Solitary Bees – Colossal

WA legislators pondering kelp protection

Posted on January 14, 2022 by Al Bergstein

Kelp is a critical part of the marine habitat. Kelp has been in decline across the Salish Sea, with few exceptions. Now, after a number of years monitoring the kelp beds (some done by the local volunteers of the Marine Resources Committees) a new bill has been put forward to the legislature this year to protect it. Worth weighing in with your support at the State web site. https://app.leg.wa.gov/billsummary?BillNumber=5619&Year=2021&Initiative=false

Marine Resources Volunteer surveying kelp bed. Photo by Al Bergstein

It’s Senate Bill 5619 (sponsored by Senators Lovelett, Conway, Das, Hasegawa, Nobles, Pedersen, Randall, Rolfes, Saldaña, Stanford, Van De Wege, and C. Wilson; by request of Department of Natural Resources.

House bill is 1661 sponsored by Representatives Shewmake, Ryu, Berry, Fitzgibbon, Ramel, Springer, Duerr, Walen, Callan, Goodman, Paul, Peterson, Ramos, Rule, Simmons, Slatter, Tharinger, Kloba, Pollet, and Harris-Talley; by request of Department of Natural Resources

Here’s an edited version of the bill.

AN ACT Relating to conserving and restoring kelp forests and eelgrass meadows in Washington state; adding a new section to chapter 79.135 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1. (1) The legislature finds that coastal ecosystems and marine vegetation provide an array of valuable ecosystem goods and services to deep water and nearshore environments in Puget Sound and along the coastline. In particular, kelp forests and eelgrass meadows act as three dimensional foundations for diverse and productive nearshore ecosystems, supporting food webs and providing important habitat for a wide array of marine life, including orcas and threatened and endangered salmon and salmonid species. These marine forests and meadows play an important role in climate mitigation and adaptation by sequestering carbon and relieving ocean acidification. Marine vegetation can sequester up to 20 times more carbon than terrestrial forests, and therefore represent a critical tool in the fight against climate change.(2) Washington state is home to 22 species of kelp and is a global hotspot for kelp diversity. However, these kelp forests are under threat and have declined in recent decades.

A 2018 study conducted by the Samish Indian Nation on the bull kelp beds in the San Juan Islands found a 305-acre loss of kelp beds from 2006 to 2016, a 36 percent decline in one decade. A statewide study published in 2021 by the department of natural resources found that compared to the earliest baseline in 1878, the amount of bull kelp in 2017 had decreased by 63 percent in south Puget Sound, with individual areas showing up to 96 percent loss.(3) The legislature also finds that kelp and eelgrass have important cultural value to northwest tribal nations and have provided diverse marine resources that have sustained and inspired indigenous traditions over generations. In particular, bull kelp has played a prominent role in traditional knowledge and technology and is used in fishing, hunting, and food preparation and storage.

Decline in kelp forests threatens these uses, and the cultural livelihoods of coast Salish peoples.(4) Washington state’s eelgrass meadows also provide vital habitat for many organisms, including nursery habitat for juvenile salmon and feeder fish. Eelgrass also helps prevent erosion and maintain shoreline stability by anchoring seafloor sediment with its spreading roots and rhizomes. Eelgrass is used as an indicator of estuary health, because of its fast response to changes in water quality.

Examples of rapid eelgrass loss include Westcott Bay in San Juan county, where in 2000 there were 37 acres of eelgrass meadows and 20 years later less than one acre remains. Changes in the abundance or distribution of this resource are likely to reflect changes in environmental conditions and therefore are key species to monitor and protect to ensure marine ecosystem health.

Kelp forests and eelgrass meadows also provide and enhance diverse recreational opportunities, including productive fishing and picturesque kayaking and diving. These activities are important for local economies and for promoting strong senses of place and overall human well-being in communities. There is a need for greater education and outreach to communities to promote sustainable recreational practices in and near kelp forests and eelgrass meadows.

Existing regional plans for conservation of kelp forests and eelgrass meadows, including the Puget Sound kelp conservation and recovery plan (2020) and the Puget Sound eelgrass recovery strategy (2015), identify the need to prioritize areas for conservation and restoration based on historical and current distributions.

The legislature further finds that our terrestrial and marine ecosystems are interlinked and the state must be proactive in conserving our resources from trees to seas by protecting and restoring our marine forests and meadows in concert with conservation and reforestation of terrestrial forests. Therefore, it is the intent of the legislature to conserve and restore 10,000 acres of kelp forests and eelgrass meadows by

2040.NEW SECTION.  

Sec. 2. A new section is added to chapter 79.135 RCW to read as follows:

(1) The department shall, consistent with this section, and subject to available funding, work with partners to establish a kelp forest and eelgrass meadow health and conservation plan that endeavors to, by the year 2040, conserve and restore at least 10,000 acres of kelp forests and eelgrass meadows. The plan should proactively and systematically address:(a) The potential loss of kelp forest and eelgrass meadow habitat throughout Puget Sound and along the Washington state coastline; and(b) Potential current and future stressors related to the decline of kelp forests and eelgrass meadows.

(2) The department shall develop the plan, in collaboration with partners, to assess and prioritize areas for coordinated conservation and restoration actions. The plan must consist of the following elements: Assessment and prioritization; identifying coordinated actions and success measures; monitoring; and reporting.(a) The department shall, together with partners, develop a framework to identify and prioritize kelp forest areas in greatest need of conservation or restoration. The framework must incorporate:(i) Conservation of kelp forests and eelgrass meadows. Utilize and build on existing research to map and prioritize areas of kelp forests and eelgrass meadows throughout Puget Sound and along the coast that are at highest risk of permanent loss, or contribute significant environmental, economic, and cultural benefits to tribal nations and local communities, including salmon recovery and water quality, and where opportunities for partnership and collaboration can accelerate progress towards the goal, and develop criteria by which an acre of kelp forests and eelgrass meadows can be considered to be conserved or restored;(ii) Map and prioritize kelp forest and eelgrass meadow areas throughout Puget Sound and along the coast where they were historically present, identifying priority locations for restoration, and where opportunities for partnership and collaboration exist that will accelerate progress towards the goal. This should include identification of sites where restoration may be possible and would most benefit nearshore ecosystem function, including where restoration could also support healthy kelp forests and eelgrass meadows, salmon recovery, water quality, and other ecosystem benefits;(iii) Identify potential stressors impacting the health and vitality of kelp forests and eelgrass meadows in prioritized areas in order to specifically address them in conservation and restoration efforts.(b) The department shall collaborate with impacted tribal nations, and other local and regional partners, to address conservation and restoration needs in the priority areas and the appropriate tools and partnerships to address them. In developing coordinated actions and success measures, the department shall:(i) Conduct an assessment and inventory of existing tools relevant to conserving and restoring kelp forests and eelgrass meadows and reducing stressors related to their decline;(ii) Identify new or amended tools that would support the goals of the plan created under this section; and(iii) Identify success measures to track progress toward the conservation and restoration goal.

(3)(a) By December 1, 2022, the department must submit a report in compliance with RCW 43.01.036 to the office of financial management and the appropriate committees of the legislature, that includes a map and justification of identified priority areas, determines an approach to monitoring the kelp forest and eelgrass meadow areas that are meeting the criteria for conservation or restoration established in the plan, and describe activities to be undertaken consistent with the plan. The kelp forest and eelgrass meadow health and conservation plan must be finalized and submitted to the office of financial management and the appropriate committees of the legislature by December 1, 2023.(b) Subsequently, each biennium, the department shall continue to monitor the distributions and trends of kelp forests and eelgrass meadows to inform adaptive management of the plan and coordinated partner actions. The department shall submit a report to the legislature that describes the kelp forest and eelgrass meadow conservation priority areas, and monitoring approaches and findings, including success measures established in the plan. Beginning December 1, 2024, and by December 1st of each even-numbered year thereafter, the department shall provide the appropriate committees of the legislature and the office of financial management with:(i) An updated map of distributions and trends, and summary of success measures and findings, including relevant information from the prioritization process;(ii) An updated list summarizing potential stressors, prioritized areas, and corresponding coordinated actions and success measures. The summary must include any barriers to plan implementation and legislative or administrative recommendations to address those barriers;(iii) An update on the number of acres of kelp forests and eelgrass meadows conserved by region, including restoration or loss in priority areas; and(iv) An update on consultation with impacted tribal nations and local communities by region.

(4) In developing the plan, the department shall:(a) Consult impacted communities using the community engagement plan developed under RCW 70A.02.050; and(b) Invite input from federally recognized tribal nations on kelp forests and eelgrass meadows with important cultural and ecological values that are threatened by urbanization or other disturbances.

Filed under: Environmental Law, Environmental Protection, Environmental Science, Olympic Peninsula | Tagged: | 2 Comments »

Ediz Hook enhanced for salmon, public use – NWTTM

Posted on January 14, 2022 by Al Bergstein

Here’s an update on the work at Ediz Hook in Port Angeles by the Lower Elwha Klallam Tribe. They have been removing debris from the shore and planting eel grass to renew the nearshore habitat for fish and other species.

Below the surface, the tribe and partners Pacific Northwest National Laboratory (PNNL) and Washington Sea Grant have been restoring eelgrass beds on the sand spit’s south shore for the past four years, with greater success than expected

Northwest Treaty Tribes January 2022

Read the whole story here. https://nwtreatytribes.org/publications/magazine/

Filed under: Around the Salish Sea, Around the Sound, Clallam County, Endangered Species, Environmental Protection, First Nations, fisheries, Olympic Peninsula, Port Angeles | Comments Off on Ediz Hook enhanced for salmon, public use – NWTTM

How do we stop tire debris from killing coho? NWTTM

Posted on January 12, 2022 by Al Bergstein

Over the last decade science done at the UW has identified a chemical in our tires that leaches out as we drive and ends up killing salmon when it runs off into the lakes, rivers and bays of Puget Sound. This issue will require billions of dollars to fix, just as the culvert problem, created over the last 100 years of road building has done. But it must be done if we are to save coho in our waters.

This article, in the Northwest Treaty Tribes magazine does a good job of updating us on the issue and what is being done about it now.

We need to deal with these impacts immediately by filtering 6PPD-Q from
stormwater before it enters the water. The Nisqually Tribe is working with McIntyre, Long Live the Kings and the state Department of Transportation to develop a compostable biofiltration system on
Highway 7 where it crosses Ohop Creek. If we are successful, similar systems could be retrofitted along all roadways to remove this lethal, toxic chemical.

Northwest Treaty Tribes Magazine -2022 January

Read the whole story here: https://nwtreatytribes.org/publications/magazine/

Filed under: Around the Salish Sea, Around the Sound, Endangered Species, Environmental Protection, Environmental Science | Comments Off on How do we stop tire debris from killing coho? NWTTM

China’s Surprisingly Robust System of Marine Protection -Hakai Magazine

Posted on January 6, 2022 by Al Bergstein

Very important story out of Canada about the publication of news that China has quietly implemented a large number Marine Sanctuaries along the coasts. Given their over-fishing of most if not all their available stocks this might be a sign of a significant effort to reverse that destruction.

China, as the world’s largest producer and consumer of seafood, is well known for its voracious international fishing fleet. But a comprehensive understanding of the country’s efforts on marine protection, at least in its domestic waters, has remained elusive—even to many experts within China. Now, an international group of researchers has compiled the first database of marine conservation efforts in the country, and it is more extensive than many expected.

https://hakaimagazine.com/news/chinas-surprisingly-robust-system-of-marine-protection/

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Congress Authorizes PFAS Testing at Military Facilities Throughout US -Whidbey Naval Base Included- MartenLaw.com

Posted on January 5, 2022 by Al Bergstein

This has been an known ongoing issue with the Navy base, poisoning water supplies on Whidbey Island. The $500 million should help identify where this is happening and what can be done about it. The hidden costs of our “sound of freedom” as some promoters of the base would like to call it, creates poisoned ecosystems, ear splitting noise even inside insulated classrooms for children, and many other costs. Another sound of freedom is also the roll call in Congress to fund this activity.



By Jonah Brown

The National Defense Authorization Act for Fiscal Year 2022 (“FY22 NDAA”),
signed by the President on December 27, 2021, directs the Department of
Defense (“DoD”) to test for per- and polyfluoroalkyl substances (also
known as “PFAS”) at military sites throughout the country. A map of
formerly used defense sites can be found here: Former Sites
https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/FUDS-GIS/.
A map of current military installations can be found here: Active Sites
https://militarybases.com/. DoD must begin its assessment with a report to
Congress on the status of 50 priority current and former sites within 60 days
of the effective date, meaning the end of February. A map showing the
locations of these sites can be viewed at the end of this article.

Groundwater contamination from use of PFAS-containing aqueous film-forming
foam (“AFFF”) has already been discovered at hundreds of current and
former DoD facilities, including military airports, National Guard bases, and
installations controlled by the Army, Navy, Air Force, and Marine Corps. The
FY22 NDAA provides $500 million in funding to DoD to fulfill Congress’
direction to test for PFAS.
Read More

https://www.martenlaw.com/news-and-insights/congress-authorizes-pfas-testing-at-military-facilities-throughout-us

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The Northwest Spotted-Owl Wars: No Happily Ever After – CrossCut

Posted on December 27, 2021 by Al Bergstein

NW Environmental writer Dan Chasen puts together a good look at the Spotted Owl controversy and what is in store for the endangered bird.

So, where does this leave us? The most prominent environmental battle of the late 20th century; the most ambitious ecosystem management plan ever attempted; the most acres of critical habitat for a listed species; the only environmental conflict that has been the subject of a conference led by the President and attended by a good deal of the Cabinet; a species in a steep, scientifically-acknowledged and widely-reported decline — even with all those factors the FWS can’t find time to boost its status from “threatened” to “endangered?” This is bizarre. But hardly surprising.

https://www.postalley.org/2021/12/17/the-northwest-spotted-owl-wars-no-happily-ever-after/

Filed under: Clallam County, Environmental Activism, environmental education, Environmental Protection, Jefferson County, Olympic Peninsula | Tagged: | 1 Comment »

Postscripts 2021: Jerry Franklin is still standing up and speaking out for our old-growth forests – Seattle Times

Posted on December 27, 2021 by Al Bergstein

The venerable professor from the U.W.is still hard at work promoting the science of old growth and second growth forests. Don’t know who he is? Follow the link below to the summary article and then follow the links in the article to read his writings.

Franklin was among the first to discover the unique ecological value of old-growth trees and forest ecosystems. He also was among a team of scientists whose work led to the protection of old growth on federal land in Washington, Oregon and Northern California through the implementation of the Northwest Forest Plan in 1994.

https://www.seattletimes.com/pacific-nw-magazine/postscripts-2021-jerry-franklin-is-still-standing-up-and-speaking-out-for-our-old-growth-forests/

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