Net Pen Aquaculture Industry Targets DNR’s Hilary Franz

Posted on November 27, 2022 by Al Bergstein

In a series of articles across multiple platforms, the net pen aquaculture industry and their allies have targeted Washington State’s Department of Natural Resources (DNR) Commissioner Hilary Franz for attack and lawsuits after her controversial decision to end net pen aquaculture of Atlantic salmon in Puget Sound and Hood Canal.

Posts on LinkedIn (which does not allow critical rebuttal) by Jeanne McKnight, a PR specialist that works for the aquaculture industry, along with articles in SeaWestNews about the benefits of net pen aquaculture point to a new attack on Franz by the industry. Past Chairman of the Pacific Aquaculture Caucus Peter Becker also weighs in with his opinion in a long reply to McKnight’s original post.

The articles and posts point out that Franz came from a law degree background and not the “fisheries science industry”, so as not to be capable of deciding for an industry that has long been in the driver’s seat regarding influencing the regulators charged with regulating them. Cooke did an excellent job in the past of dividing to conquer the regulators by helping legislate multiple agencies to regulate multiple aspects of each farm, ending in a fiasco of collapsing nets due to poor maintenance and escaped fish. Franz rightly decided that Cooke should be banned from the near shore waters and shorelines of the State because of that incompetence. Her agency is charged with protecting those wild stock resources (along with other agencies).

The articles also raise smear tactics based on her decision by saying she ‘cherry picked’ the tribes in support of her decision (not even notifying the Jamestown S’Klallam Tribe who are partnering with Cooke Aquaculture for a sable fish net pen in Port Angeles harbor). This blog believes that Franz will exempt the Jamestown in the near future and allow them to create net pens for black cod as long as Cooke is not part of the business model.

All these are desperate tactics by an industry under attack both here and in Canada. The long-time work of Dr. Alexandra Morton in Canada, raised scientifically valid hypothesis and proofs over and over again that the industry is partially if not fully responsible for the collapse of wild stocks in many rivers in Western British Columbia while the industry takes credit for 97% of Canadian salmon produced being farm raised (as reported in an article in the industry journal SeaWestNews.) That statistic can also be read to mean that since farmed salmon have arrived 97% of wild salmon have vanished. The question is why is that statistic true? Alexandra Mortons’ research, among others such as Dr. Lawrence Dill, point to the reasons that the industry would rather ignore. Viruses from the farms as well as sea lice coming from the pens that are co-located in passages that the wild salmon have to traverse. The industry here claims that sea lice are not the problem that they are in B.C.

The reality is that this issue is not over yet, though Commissioner Franz’ decision (political though it may be) is not without the possibility of challenge in the courts. Washington State Dept. of Fish & Wildlife (not DNR) having lost a limited case ruling in the Washington State Supreme Court in a unanimous decision that only dealt with whether or not the permit for Cooke had met SEPA standards, the industry believes DNR may not be on the most solid ground to uphold this new decision. Can they argue that the decision was arbitrary and capricious? The industry also sees this as a test to save the geoduck aquaculture industry from a similar fate, as many of the same issues raised in this case could be applied by environmentalists to the near shore. Actually, they already have been but have not yet found the political support to stop the ongoing destruction of our shorelines by geoduck aquaculture illegally supported by both DNR and the Army Corps of Engineers (as decided in recent court battles lost by both agencies. )

Don’t go popping champagne bottles just yet, as we have not seen the end of the industry as it relates to this issue. The arc of justice may be finally bending in the way of environmental protection as it relates to the problems of net pen aquaculture, but the industry will do its best to bend it back to profit over wild stocks.

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Law, Environmental Protection, Government, legislation | Tagged: | 5 Comments »

What you should know about Industrial Raised Shellfish Aquaculture: An overview

Posted on November 18, 2022 by Al Bergstein

Kristina Sinclair gave a presentation to the Protect the Peninsula’s Future’s (PPF) meeting last night. I share her presentation with you with her permission. The questions that this presentation raises are many. What is the limit to these operations on our beaches? How much of the Sound and Hood Canal do we the people of this State want to see turned into the images in this presentation? Since 2000 the State has engaged in a promotion of commercial geoduck aquaculture for the profit of a small number of companies selling almost entirely to China. Do we want this to continue unabated? Can we expect local state and federal legislators who receive significant political contributions from these businesses to make changes on our behalf? Without considerable public outcry this will continue. Watch this slideshow, look at the map and you make up your mind.

Kristina Sinclair is an Associate Attorney at the Center for Food Safety (CFS), where she focuses on environmental cases challenging industrial agriculture, including commercial shellfish.

Kristina earned her J.D. from the University of California, Berkeley, School of Law. While in law school, Kristina was an Articles Editor for the California Law Review. She also participated in the Environmental Law Clinic, served on the steering committee for Students for Economic and Environmental Justice, and worked as a teaching assistant for Appellate Advocacy. Upon graduation, she received recognition for her pro bono work and a Certificate of Specialization in Environmental Law.

Since joining CFS, Kristina has been working on a lawsuit challenging highly disruptive industrial shellfish operations in Washington. In this case, CFS and Coalition to Protect Puget Sound allege that the U.S. Army Corps (USACE) failed to properly consider the potential risks before reissuing the nationwide permit for commercial shellfish activities in January 2021, in violation of the Clean Water Act, National Environmental Policy Act, and Endangered Species Act. In addition, USACE has authorized over 400 commercial shellfish operations without any public notice or environment review. Consequently, these operations have significant adverse effects on Washington’s local environment and wildlife.  In this presentation Kristina provides an overview of USACE’s shellfish permitting requirements, as well as the ongoing litigation challenging USACE’s unlawful shellfish permitting actions. She also shares some insights from this legal work and potential opportunities for future advocacy.  

  • Background on USACE’s Permitting Requirements
  • History of USACE’s Unlawful Permitting Actions in Washington
  • Previous Case
  • Current Case
  • Future Opportunities

Interactive map of Industrial Shellfish Aquaculture in Puget Sound & Hood Canal.

Below is the PDF of the Slideshow. It is over 4MBs so it might load slow on a slow link.

2022-11-17 Industrial Shellfish SlidesDownload

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

Dept. of Nat. Resources Bans Future Net Pen Aquaculture – Major Win for Environmentalists, Tribes, Salmon & Orcas.

Posted on November 18, 2022 by Al Bergstein

Today, Washington’s Commissioner of Public Lands Hilary Franz made history when she announced a new groundbreaking executive order that will prohibit commercial net pen aquaculture in Washington state marine waters. During the press conference, a question about the net pen proposed by the joint business venture of the Jamestown S’Klallam Tribe and Cooke Aquaculture to create a net pen to farm Black Cod (Sablefish) was deflected with a mention that Commissioner Franz had been in discussions with them on this issue. It was not clear whether they were not going to be allowed to put the pen in under the Tribe’s name or not. Franz also mentioned that upland farming of salmon would likely be approved by DNR. The industry has long stated that this method is not commercially viable at this time.

This ends a long history of industry “spokespeople”, who have been involved with Marine Resources Committees both in Clallam and Jefferson Counties, touting the benefits of these pens and disrupting anyone coming forward to raise concerns, such as when Professor Dill, a researcher from a distinguished Canadian University came to Port Angeles a few years ago to discuss his scientifically based concerns and was shouted down by industry representatives.

While Commissioner Franz’ concerns about ending destruction of the near shore by these farms could easily be carried over to the nearshore beach destruction by industrial geoduck operations over thousands of acres of beaches throughout the Sound and Hood Canal, there was no discussion of that issue today.

This blog has been a long time critic of Commissioner Franz, due to her seemingly lack of concern over industrial aquaculture in our waters. We welcome and thank her for finally taking strong legal action on this issue. It has been viewed both here on the West Coast, nationally and internationally as a major step towards recovering and protecting our waters.

Press Release from the Wild Fish Conservancy, the major group working to end this policy.


“This new policy was announced earlier today by Commissioner Franz at a press conference on Bainbridge Island overlooking the Rich Passage net pens alongside leaders from Wild Fish Conservancy and Suquamish Tribe. The news comes on the heels of another long-awaited and widely-supported decision announced earlier this week by Commissioner Franz that DNR has refused new decade-long leases to global seafood giant Cooke Aquaculture to continue operating commercial net pens in Puget Sound.

“After the incredible news announced earlier this week, it is almost impossible to believe we are now celebrating an even bigger, groundbreaking victory for our wild salmon, orcas, and the health of Puget Sound,” said Emma Helverson, Executive Director of Wild Fish Conservancy. “By denying new leases to Cooke and bringing forward this comprehensive, bold new policy to prevent commercial net pens from ever operating in Washington marine waters again, Commissioner Franz is ensuring Puget Sound will be protected, not just now, but far into the future for the benefit of generations to come.”

Together, the lease denial and executive order will require Cooke to remove all of their net pen facilities from Puget Sound before the end of year, marking the end of the commercial net pen industry that has operated in Washington state for over 40 years. The benefits of these actions for the recovery of wild fish, water quality, and the greater health of Puget Sound cannot be overstated. Immediately, this action will cease chronic untreated pollution that has been discharged daily at these aquatic sites for over forty years. Finally, these heavily polluted and degraded sites will have the opportunity to heal and begin the process of natural restoration as part of the largest passive restoration project in Washington State.

The decision will also eliminate many major risk factors that harm the recovery of wild salmon and steelhead, including ending the risk of exposure to viruses, parasites, and diseases that are amplified and spread at unnatural levels by massive densities of farmed fish and the risk of future catastrophic escape events in which farmed fish could compete with, attempt to interbreed, or spread pathogens to threatened and endangered wild fish.


DNR’s decision will also restore the public and Tribal access to over 130 acres of Puget Sound that have been restricted by this industry for over forty years. More broadly, Washington’s decision will unite the entire U.S. Pacific Coast in excluding this industry from marine waters. Combined with Canada’s recent commitment to transition open water net pens out of British Columbia waters, this decision also has the potential to eliminate a major limiting factor to wild Pacific salmon recovery at a coastwide, international scale.


“After the news earlier this week, we’ve heard from colleagues all around the world in places like Chile, Tasmania, Scotland, and so many others working to protect their own public waters from the environmental harm of commercial net pen aquaculture,” says Helverson. “Today’s historic decision is setting a new standard that will serve as a model and rallying cry to bolster the efforts of communities and governments around the world working toward this same end and we stand committed to leveraging our massive success to support their efforts.”


Cooke is the same company found at fault for the catastrophic 2017 Cypress Island net pen collapse that released over 260,000 nonnative and viral-infected Atlantic salmon into Puget Sound. Cooke purchased all of Washington’s net pen facilities in 2016 with plans to expand exponentially in Washington waters.

In response to this expansion plan, Wild Fish Conservancy launched the Our Sound, Our Salmon (OSOS) campaign in April 2017 to raise public awareness about the environmental impacts of commercial net pen aquaculture. In 2018, a coalition of over 10,000 individuals and hundreds of businesses and organizations under the banner of OSOS, worked in concert with Tribal efforts, to advocate for Washington’s landmark law banning nonnative Atlantic salmon aquaculture.

In July 2020, in response to Cooke avoiding the ban by transitioning to native species, the OSOS campaign launched a new initiative, Taking Back Our Sound, with the goal of preventing Cooke from receiving new leases. Through this effort, 9,000 individuals and 127 business and organizations called on DNR’s Commissioner of Public Lands Hilary Franz through a petition and direct actions, which included a Bainbridge Island city resolution, to deny new leases to Cooke and to restore Puget Sound for the benefit and use of all. In making her decision over Cooke’s lease request, DNR was required by statute to issue a decision in the best interest of the public.
“It’s clear this victory for wild salmon, orcas, and Puget Sound belongs to no one person or group. Without the separate actions of thousands of individuals, Washington’s Tribal Nations, businesses, organizations, chefs, fishing groups, scientists, elected officials, and so many others working together over the last five years, this would never have been possible,” says Helverson. “It is truly inspiring to see what is possible when the public unifies their voices and works together with the law and science on their side toward the shared goal of a healthier Puget Sound.”

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, First Nations, fisheries, legislation, Olympic Peninsula, Puget Sound, Straits of Juan de Fuca | Tagged: | Comments Off on Dept. of Nat. Resources Bans Future Net Pen Aquaculture – Major Win for Environmentalists, Tribes, Salmon & Orcas.

Reducing collisions between ships and whales? There’s apps for that, but they need work – NW News Network

Posted on November 7, 2022 by Al Bergstein

The ability to give ships captains a reliable source of information on location of orcas is a work in progress.

Fortunately, it doesn’t happen very often in the Pacific Northwest that ships collide with whales. But when it does, it’s upsetting, tragic and the whale probably dies. Three separate teams have developed smartphone-based systems that can alert commercial mariners to watch out, slow down or change course when whales have been sighted nearby. A recent ride-along on a big container ship demonstrated that real-time whale alerts are still a work in progress.

Reducing collisions between ships and whales? There’s apps for that, but they need work | Northwest News Network (nwnewsnetwork.org)

Filed under: Around the Sound, Endangered Species, Environmental Protection | Comments Off on Reducing collisions between ships and whales? There’s apps for that, but they need work – NW News Network

EVENT: Join Protect the Peninsula’s Future for its 49th Year Celebration (Virtual) 

Posted on November 6, 2022 by Al Bergstein

The PPF has been spearheading environmental challenges to the most difficult problems we have faced: a nuclear power plant on Miller Peninsula, Northern Tier pipeline that would have gone in right off Protection Island, and more recently, the ever-growing industrial shellfish industry and their often illegally permitted farms, as proven in a court case against the Army Corps of Engineers.

Thursday, November 17, 7:00 PM        RSVP to PPF@olympus.net to receive the Zoom connection*

Our featured speaker this year is Kristina Sinclair, Associate Attorney at the Center for Food Safety

Topic: “What You Should Know About Industrial Raised Shellfish

*Space is limited to 100.

Kristina Sinclair is an Associate Attorney at the Center for Food Safety (CFS), where she focuses on environmental cases challenging industrial agriculture, including commercial shellfish.

Kristina earned her J.D. from the University of California, Berkeley, School of Law. While in law school, Kristina was an Articles Editor for the California Law Review. She also participated in the Environmental Law Clinic, served on the steering committee for Students for Economic and Environmental Justice, and worked as a teaching assistant for Appellate Advocacy. Upon graduation, she received recognition for her pro bono work and a Certificate of Specialization in Environmental Law.

Webinar: Since joining CFS, Kristina has been working on a lawsuit challenging highly disruptive industrial shellfish operations in Washington. In this case, CFS and Coalition to Protect Puget Sound allege that the U.S. Army Corps (USACE) failed to properly consider the potential risks before reissuing the nationwide permit for commercial shellfish activities in January 2021, in violation of the Clean Water Act, National Environmental Policy Act, and Endangered Species Act. In addition, USACE has authorized over 400 commercial shellfish operations without any public notice or environment review. Consequently, these operations have significant adverse, effects on Washington’s local environment and wildlife.  In this webinar, Kristina will provide an overview of USACE’s shellfish permitting requirements, as well as the ongoing litigation challenging USACE’s unlawful shellfish permitting actions. She will also share some insights from this legal work and potential opportunities for future advocacy.  

  • Background on USACE’s Permitting Requirements
  • History of USACE’s Unlawful Permitting Actions in Washington
  • Previous Case
  • Current Case
  • Future Opportunities

Filed under: Environmental Activism, environmental education, Environmental Protection, Events, Olympic Peninsula | Comments Off on EVENT: Join Protect the Peninsula’s Future for its 49th Year Celebration (Virtual) 

Enforce Sen. Magnuson’s ‘little amendment’ to protect Salish Sea – Seattle Times

Posted on November 4, 2022 by Al Bergstein

One of the best things that Magnuson ever did was to get this amendment passed. Since the 70s, we have minimized our risks with this law. As the article points out, environmental groups like Friends of the Earth and Friends of the San Juans have been fighting hard for years over the lack of enforcement by the Army Corps of Engineers and others. The Corps, as long-time readers of this blog know, are hell bent to do whatever industry asks of them, including hiding key documents in lawsuits and not upholding the laws when it suits industry. They have proven themselves unworthy of public trust.

A good article that summarizes where we are at with the Magnuson Act some 45 years later.

Enforce Sen. Magnuson’s ‘little amendment’ to protect Salish Sea | The Seattle Times

Filed under: Around the Salish Sea, Environmental Law, Environmental Protection, Oil Spills | Tagged: , , | 1 Comment »

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.”

Filed under: Environmental Activism, Environmental Law, Environmental Protection, Government | Tagged: , , , , , | Comments Off on WA Supreme Court landmark decision on forestlands

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)

Filed under: Environmental Activism, Environmental Protection, Forestry, Jefferson County, Olympic Peninsula | Tagged: , , | Comments Off on NWI: Purchase protects Discovery Creek headwaters – PDN and others

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.

Filed under: Aquaculture, Clallam County, Environmental Activism, Environmental Protection, Government, legislation | Comments Off on Beyond Pesticides Launches Campaign to Save Dungeness Spit from Aquaculture

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/

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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 »

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