Net Pens, Dead? Don’t count on it. Thank Hilary Franz

From coastalwatershedinstitute.org: There’s been a bit of buzz about the status of steelhead net pens in the US/Washington state Salish Sea over the last three months or so. Most recently, Cooke Aquaculture withdrew their appeal of the recent decision upholding Washington state DNR’s ban of net pens on state aquatic lands. This has been touted as, quote, ‘the end of the fight’ against net pens in Washington waters (DNR March 2024).

Except? It absolutely *isn’t* the end of the fight. While Hillary Franz, the current Washington state Department of Natural Resources (DNR) Public Lands Commissioner, made the decision to ban net pens over a year ago, the DNR hasn’t taken any action to codify this rule into agency law (DNRa). Codifying the decision is a three-step process (DNR b). And while other DNR rules have sailed thru this codifying process over the same time period, the net pen decision? Hasn’t budged.

Hillary Franz is not running for re-election. She will no longer be DNR Lands Commissioner after the November elections.

In it’s current state, the net pen ban can be rescinded with a literal stroke of a pen by the next Lands Commissioner. Industry is laying plans for just this. At least one Commissioner candidate has made very clear statements supporting net pens. And Cooke Aquaculture and the Jamestown Tribe, collaborators on a steelhead net pen plan for the central Strait of Juan de Fuca/ Port Angeles Harbor, are now giving ‘informal’ presentations to local groups to try and garner support of future in water net pen projects-including Port Angeles harbor. This isn’t a ‘proposal’. It’s a *plan*. And they’re not asking-they are *telling* folks what is going to happen. They’re doing so quietly now-but will be full throttle after the Washington State DNR Commissioner election is over, and the new Commissioner is in place.

What can you do?

1. PUSH Washington DNR to codify the current net pen ban rule immediately;

2. Confirm early and repeatedly the position of prospective future incoming Washington State Lands Commissioner on in-water net pens, and make sure they also have your input and a clear position on net pens, and;

3. Make sure to let local aquaculture leaders and resource agency managers and officials know that upland contained is the only farmed salmon alternative for our country and state (one very successful operation is already in full swing in BC-link to their information is below).

For those that are new to the topic, here is an excellent link summarizing truth about open net pens https://www.youtube.com/watch?v=p4fVPt1V3sw .

More information, links, and key citations are here:

DNR a. netpen rulemaking https://www.dnr.wa.gov/publications/em_rule_netpen_cr101.pdf

DNR b.https://www.dnr.wa.gov/rule-making….

DNR 2024. https://www.dnr.wa.gov/…/commissioner-franz-fight…

Mapes 2022. https://www.seattletimes.com/…/state-supreme-court-oks…/

Blue Star Foods model farm module designed to grow 100 Tonnes of Steelhead Salmon per year: https://bluestarfoods.com/little-cedar-falls/

Upland Net Pens get fish into tanks out of the sea.

https://olyopen.com/2018/02/01/norwegian-company-to-build-large-land-based-salmon-farm-in-belfast-maine-republican-journal/?amp=1

NOAA agrees hearing on Endangered Alaskan Chinook

In January, The Wild Fish Conservancy petitioned NOAA for a listing urging protection for Alaskan Chinook under the Endangered Species Act. 

Last week, NOAA announced a positive 90-day finding on that petition, agreeing the information included was substantial and warrants further review. This decision triggers an in depth scientific review that will determine if a threatened or endangered listing is warranted.

The decision will likely come as a surprise to many, as Alaska is perceived as having widely abundant salmon runs and all Alaskan salmon fisheries were just recertified by Marine Stewardship Council (though that decision is being challenged). This week, the Copper River run has come in to Seattle markets, trading at around $100 a pound. However, the data shows Alaskan Chinook populations are facing a similar crisis as rivers coastwide, and in some cases are in even worse condition.

Endangered Species Process

We’ll look forward to tracking this process as it progresses.

State Continues Quest to Eradicate Invasive Spartina – MorningAg

The controversial efforts to eliminate Spartina continue.

Survey and eradication efforts for Spartina, led by the Washington State Department of Agriculture (WSDA), will take place in multiple areas, including Grays Harbor, Hood Canal, Willapa Bay, Puget Sound, the north and west sides of the Olympic Peninsula, and near the mouth of the Columbia River.

https://www.morningagclips.com/state-continues-quest-to-eradicate-invasive-spartina-2

Black Point Update: Statesman Group may not get water for project

The never ending project at Black Point by the Statesman Group (aka Pleasant Harbor Development) appears to have run into another snag. The Pleasant Tides Property Owners Association (PTPOA) originally was asked by Statesman to provide supplemental water through their water district. However, according to their latest newsletter, the PTPOA lawyers cannot find a legal way to provide that without jeopardizing their non-profit status and federal IRS status as a Home Owners Association (HOA).

The Statesman group is apparently attempting to find other, legal ways for them to accomplish this, but it increasingly looks like Statesman is going to come up short on their plans for providing relatively low cost water, or any supplemental water, to their project.

As many know, this project has been challenged by a number of residents and groups in our county since the very beginning, and despite that, our County Commissioners (Democrats at that too), went along with the highly controversial project plan. None of those former commissioners say they would do it again. And yet, here we are, almost 20 years down the road, with many unanswered questions about how this project will ever successfully come to completion.

In February, the Hood Canal Enviromental Council requested a denial of the project by Jefferson County. They stated, in a letter to the Board of County Commissioners and James Kennedy (prosecuting attorney) that: The plan for 216 single-family residential lots, without the required MPR project features, is inconsistent with the 2019 Development Agreement amendments. That is still a developing story.

Culvert Replacement projects: Good Seattle Times overview

The Seattle Times today has a good article on the ongoing work of culvert replacement. Titled “Removing WA salmon barriers surges to $1M a day, but results are murky” it investigates the results of the hundreds of millions being spent. (Be aware it’s behind a paywall). You likely have been impacted by the work to replace these culverts to save the remaining salmon stocks as you drive 101 from here to Port Angeles.

The Times article focuses on whether the enormous expenditure of almost $7.8 billion over a decade is going to actually help the salmon returning to spawn and save our greatest natural resource. As someone who has watched and studied this project since before the Tribes were successful in federal court, getting the mandate to force the state to spend the money, I have to say that I too, find myself concerned about the efficacy of this project overall.

As the Times points out, many streams are only going to recovered at the point where the streams cross state and federal highways. The projects often don’t seem to make sense, recovering a stream at one point but not upstream of the blockage, essentially simply moving the point that the salmon are blocked.

We have seen successful recovery efforts over streams such as Jimmy Come Lately creek on the land owned by the Jamestown S’Kallam. I have seen many fish there, as a fish ladder is used by the Tribe to count the fish going upstream. It appears to be a very successful recovery effort and the bridge over the creek is a small thing but wide enough to provide the necessary water and slope to help the fish on the journey.

The Times reports “A Seattle Times analysis of available project design reports found that for every barrier WSDOT fixes, nine others upstream and two downstream partially or fully block fish migration. The state or other owners may fix some of them, but most are not scheduled for removal.” This is not a recipe for success.

It’s clear that to the Tribes, this is all part of the “seven generations” approach that has been so successful in reversing many environmental issues on the Peninsula, including recovery of the Dungeness River flood plain, Jimmy Come Lately Creek, Sequim Bay shellfish, and many other projects that the Tribe has provided grant management, project management and leadership to complete. Unfortunately, Washington tax payers do not think in terms of seven generations. They often think about today’s paycheck. It is clear that with our underfunding of schools, hospitals, mental health, child care, foster care and other critical services, there are many who would just rather fund those immediate needs and let the chips fall where they may for salmon. The unfortunate situation we find ourselves in is that for the majority of Washington residents, they no longer have a memory of the enormous salmon runs that our predecessors took for granted. We once had an almost unimaginable source of high quality free food in the salmon runs, all for the cost of a fishing rod, a fishing license and maybe a small boat. It sustained many people on the verge of starvation as late as the 1950s in this state. I’ve interviewed them in my video, “Voices of the Strait” in 2010. Now, almost everyone who eats salmon pays a high price and it comes primarily from Alaska, where they have done a better job of managing the stocks, and their rivers and habitats have been less destroyed. As the article states, the WSDOT knew as early as 1949 that the culverts were a problem, and yet did nothing to change the practices.

Another frustrating truth that the article points out is “The state doesn’t really know if fish are even getting through its new stream crossings, nor is it required to by the court order. It could try, by studying salmon returning to those streams, but it rarely even counts them.”

Governor Inslee recognizes the problem of the federal government forcing this on the State: “There is a federal judicial decision … which has ordered the state ..to do this work on a designated number of culverts,” Inslee said in an interview. “If you want to criticize the prioritization of these investments, you need to focus your criticism on the federal judicial system — not the state.”

The article also points out that the remaining need for $4 Billion dollars would be the equivalent of buying an entirely new electric ferry fleet. As a citizen of a peninsula needing ferries for our basic commerce, and having seen the cancelations that impact that commerce, this seems like an incredibly problematic decision and one that would likely not be approved if put to a vote of the people.

Reading this incredibly detailed article by the Times investigative team, it is clear that huge errors in judgement and project choice have been made with virtually no payback in terms of salmon recovery in any rational timeframe. It seems that seeking a lawsuit to force the judge and Tribes to extend the period of culvert replacement and focus on projects that have the highest possibility of successful salmon recovery and creating a lower priority for those that won’t, would help actually recover salmon, and show some solid results to the taxpayers funding this.

We all want to see salmon recovery, but we want it done in a way that does not waste it on low chances of success.

They started building a bulkhead for a new home on Hood Canal. Then the feds found out  – Seattle Times

The takeaway here is that a homeowner appears to have ignored multiple cease and desist orders, and knowingly went ahead with construction of a bulkhead when the state and federal laws were clear that he needed permission first. The continued creation and rebuilding of bulkheads on the waters edge (see photo in the article), is an ongoing destruction of shoreline habitat that used to be used by the variety of species using the shore, many of whom are on the brink of extinction. Hard choices *have* to be made to stop this destruction and that sometimes means saying no to people.

It seems clear that it is ridiculous to say, as their attorney stated, that the bulkhead was not, “in the water” as the photo clearly shows water line markings from a high tide at some point in time, likely recently. Is the bulkhead submerged when at high tide?

The article also includes a good graphic showing the ways bulkheads destroy the beach environment.

A judge ruled the structure was built in Hood Canal without a proper permit, and now the homeowner faces a $250,000 fine. Lynda Mapes reports. (Seattle Times)

Hood Canal Environmental Council Requests Denial of Black Point Project

The Hood Canal Environmental Council (HCEC) has requested that Jefferson County deny the current subdivision proposal by the Statesman for Pleasant Harbor Development. They also request that the County prevents any further sales of properties until all terms are met.

This project, which has been contested for almost 20 years, has seemed to be an ever changing situation. Lawsuits by the developer, counter suits, years of negotiation over payment for services by the county, then the county settling for far less than their billed services. One would have to ask when the citizens of this county will ever see the promised outcomes that Statesman put forward back in the mid 2000s. Certainly if the opponents to it have there way, never, but even if Statesman gets their way, when are we expected to see anything more than a clearcut in this location?

Let’s remember that two full cycles of County Commissioners have moved this forward, against the wishes of many in this county. Is it time for them to admit that this is never going to happen and kill it? One way or another all of us in Jefferson County are paying for the lawsuits that this has incurred on us. Pretending that it’s a zero sum game is just not reality. Anyway, read it and make up your own mind. If you have strong feelings, one way or the other, now seems a good time to throw your thoughts into the disucussion at the County Commissioners meeting.

Here is the letter from the HCEC.


Cristina Haworth, AICP
Jefferson County Board of Commissioners
Josh D. Peters, AICP
Jefferson County Community Development Director
James Kennedy -Jefferson County Prosecuting Attorney

RE: Master Planned Resort at Black Point

Greetings:

For more than 50 years the Hood Canal Environmental Council (HCEC) has been active in protecting Hood Canal. As part of this legacy, we have offered input on Jefferson County plans for a Master Planned Resort (MPR) at Black Point. We share the concerns of the Brinnon Group expressed in the February 2, 2024, letter from attorney Richard Aramburu to you (attached).

We hope that Jefferson County intends to follow statutory law, court decisions and its own agreements in matters dealing with land use and protecting Hood Canal. Recent plans submitted to the county to develop the Black Point MPR do not comply with the 2018 Kitsap Superior Court decision or the 2019 Amended Development Agreement.

HCEC endorses the recommendations in the recent letter from attorney Aramburu, that Jefferson County should take the following actions:

1.                  Decline to review the current subdivision proposal submitted by Statesman for Pleasant Harbor development. The plan for 216 single-family residential lots, without the required MPR project features, is inconsistent with the 2019 Development Agreement amendments because it approves residential development without any permits, plans or showing of financial ability to fund or deliver the fanciful amenities, such as a “tea house in the trees” and a full-size NHL hockey rink.

2.                  Return any proposed subdivision plans to the applicant and decline further review until the submittal of plans is consistent with the Amended Development Agreement and Jefferson County codes.

3.                  Determine the subdivision application is not complete because it does not contain all required features and documentation.

4.                  Prevent sales or advertisement for sales of properties within the Pleasant Harbor MPR, through the Jefferson County Prosecuting Attorney, until all terms of the Development Agreement and Jefferson County platting ordinances are met.

HCEC welcomes dialogue with you over these concerns.

Sincerely, Phil Best – President
Hood Canal Environmental Council

Open Letter to the Jefferson County Commissioners regarding Shoreline Master Program

Commissioners:
Having spent eight years in the Jefferson County Marine Resources Committee including a number of years as it’s chairman, along with volunteering hundreds of hours in helping write the existing SMP, I am urging you to require standard conditional use permits for future geoduck applications.

There is currently no real permitting nor oversight on geoduck operations in the county, with the county relying on the State and Federal Government to do whatever it feels necessary to manage and control these operations. We have no idea how much shoreline is being handed over to commercial operations, what damage is being done, nor do we as tax payers of this county have the opportunity to speak in favor or not of new operations that will lock up our shorelines for generations to come. It’s really an outrageous situation.

I join the residents of Squamish Harbor and Discovery Bay in calling for a fair process for evaluating future geoduck proposals. We urge the Board of County Commissioners (BOCC) to require, in its update of Jefferson County’s SMP, a standard Conditional Use Permit (CUP) process for all future applications for geoduck cultivation, whether for “new,” “expanded,” or “converted” tideland.

I personally, along with others in this county have seen many consequences of geoduck operations, including: illegal harvesting (documented and admitted); unauthorized expansions; hundreds of loose tubes strewn in shallow water and on beaches; hazards to recreation; underwater loose tubes of unknowable quantity; marine life trapped in nets; harvest operations in native eelgrass; vanishing eelgrass and sand dollar populations; beaching a boat in and trampling a fish stream; and many more practices of environmental concern.

The late Michael Adams, who chaired the MRC for years and was a small time commercial oyster farmer, documented numerous illegal intrusions onto his beaches. Often these were done at night and he told me he had been threatened by the people engaged in it.

Previous legal cases have gone against the industry time and time again.

For over two decades, citizens have been ignored by Washington State Agencies and most Counties as shellfish aquaculture lobbying paved the way for the unlimited proliferation of this industrial conversion of our shorelines. Citizens have had to go to court to get their voices heard. Many of the cases against Taylor, for example were won by the plaintiffs.

A case in 2019 brought against the Army Corp of Engineers was very instructive on this issue. The Corps lost the case. Federal Judge Lasnik stated in his findings that the Army Corps of Engineers in our Corp district, “The Court finds that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations.”

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

So a Federal Judge has found that the ’science’ being presented to you the county representatives, is apparently a fraud. Internal records surfaced during this court case actually showed that the Corps had purposely removed key findings supporting the plaintiff’s case from their documents before sending them to the court in discovery.

This is a map of existing shellfish farms in other counties to the south of us. The number, I understand, is over 700. Is this what we want Jefferson County to look like?

Why A Standard CUP is Important

The three most important features of a standard CUP are: 

• The decision is made by a neutral hearing examiner;

• The decision is made only after a public hearing before the hearing examiner; and

• The decision is made based only on the record, both written and testimonial.


These features ensure that all parties are treated fairly and that all parties can see and contest the information presented. A standard CUP avoids the suspicion that decisions are influenced by private conversations and unsupported assertions.


For more than two years, the requirement for a standard CUP for all future geoduck applications was in the Planning Commission’s draft, which was preliminarily approved by the state Department of Ecology (ECY). The same CUP requirement is in Kitsap and Clallam county SMPs, as approved in final form by ECY. Jefferson lies in close shoreline-proximity to these counties, sharing Hood Canal, Discovery Bay, and other waters of the Salish Sea. Notably, all of Hood Canal, including its tidelands and shoreline, and most of Puget Sound and the Strait of Juan de Fuca are Shorelines of Statewide Significance, under the state Shoreline Management Act. By adopting the standard CUP process, Jefferson County will harmonize with Kitsap and Clallam counties in how they review commercial geoduck operations in our common waters.

Why the Planning Commission Recommendation is Misguided

In late October 2023, a new recommendation was proposed, which, after an initial stalemate, was adopted by the Planning Commission in November (by a 5-4 vote). It requires a standard CUP only for “new” geoduck operations. It prescribes a “discretionary” CUP for “expansions” and “conversions” of existing shellfish tidelands. A discretionary CUP allows county staff to make the decision, after public comment but with no public hearing. Alternatively, staff, in its sole discretion, may (but need not, for any reason) refer the case to the hearing-examiner process.


This scheme is arbitrary and discriminatory. It favors existing shellfish farmers over newcomers and over the citizenry, even though the environmental effects are identical. It is subject to evasion, for example by first farming oysters on a new plot and then converting to geoducks. Also, of great concern: all (or possibly nearly all) existing shellfish farmers in Jefferson County are operating with no county shoreline permit whatsoever, so there is no baseline. The County simply doesn’t know how many acres might be converted or expanded under a discretionary CUP.


Advocates for the Planning Commission recommendation like to argue that the industry is already subject to federal, state, and local oversight, so the need for county regulation is lessened. I and others have first-hand experience with federal oversight, and it is entirely lacking. A citizen can’t even get basic information about a shellfish farm without filing a FOIA request, which can take a year for a response. It took more than two years to find out what happened to very well documented harvesting violations. (Answer: the violations were admitted but there was no consequence.) Other state and other local regulations relate to different subjects.

As County Commissioners, you need not decide whether commercial geoduck farms are “good” or “bad.” Rather, it’s the job of the BOCC to adopt a fair process for making such a decision on a particular application for a particular site. That process is the standard CUP process, and we urge you to require it for all future applications for geoduck cultivation.

Al Bergstein
Former Chair of the Jefferson County Marine Resources Committee and former member of the SMP citizens advisory committee for Jefferson County
Port Townsend

Jefferson County shorelines needs your help now

Jefferson County is updating its Shoreline Master Plan and is being heavily lobbied by the shellfish industry to allow for the approval of additional geoduck farms in our tidelands without public input.  Neighboring counties–Kitsap and Clallam–allow for public input but Jefferson hasn’t yet committed to this.  Find out what’s at stake as this multimillion dollar export business looks to expand here.   Local environmental activists will talk about their work and how you can get involved.

With a growing multimillion dollar marked in Asia, the shellfish industry is eyeing Jefferson County’s tidelands for increased geoduck cultivation. Geoduck cultivation involves the intense use of plastics—some seven miles and eleven tons of tubing per acre.  Each tube fosters a wholly unnatural density of the large clams that are then “harvested” using hydraulic hoses to liquify the tidelands down to three feet.  Then the whole process starts over again.  Geoduck cultivation raises many environmental concerns, among them: competition for marine nutrients, displacement of tideland marine life, and plastics pollution.  Sierra Club is asking the Jefferson County Commissioners to require a thorough review and public input before issuing any permits to farm geoducks.  A standard “Conditional Use Permit”, as is required in neighboring Kitsap and Clallum counties, should be the norm.  

 When:  Thursday January 18, 7PM on Zoom

https://act.sierraclub.org/events/details?formcampaignid=7013q000002Hy4YAAS

Neah Bay Dredging will improve Strait of Juan de Fuca, Salish Sea oil spill response

Some of the most significant oil spills in Washington State’s history happened in the Strait of Juan de Fuca and Salish Sea. Rescue tugs were stationed around 1999 during winter only months to protect the Strait. During the late 2000s, environmental activists led by People For Puget Sound pushed for a permanent rescue tug to be stationed at Neah Bay (and also at the East end of the Strait). With the support of then Representative Keven Van de Wege the State finally approved the tug at Neah Bay. The East end of the Strait still remains extremely vulnerable.

 Neah Bay Emergency Response Towing Vessel – Photo: Saltchuk Marine Shared Services

The Port of Neah Bay plays a pivotal role as a harbor for Emergency Response Towing Vessels (ERCivTVs) responding to distressed or disabled vessels, and as a designated harbor of refuge. The heavily trafficked Strait of Juan de Fuca sees various types of vessels passing through: cargo, passenger cruise, oil tankers, vehicle, fishing, and privately owned.

Neah Bay Marina

From 1999 to 2016, the stationed Neah Bay rescue tugs responded to 57 disabled vessels or those with reduced maneuvering ability. These incidents could have resulted in accidents or groundings leading to oil spills. The rescue tug is important to preventing spills, which would be extremely damaging to the area’s environment, economy and cultural resources, according to the Washington Department of Ecology.

This (ERTV) stands ready 24/7 on the northwestern Olympic Peninsula point in the Port of Neah Bay to quickly respond. However, challenging tides affect its readiness and the ability of this deep-draft vessel to navigate the channel.

Map courtesy of Army Corps of Engineers

That’s about to change with a U.S. Army Corps of Engineers project to make navigation improvements by deepening the harbor entrance channel. A hydraulic pipeline dredge will deepen the 4,500-foot entrance channel to -21 feet from its current depth, allowing unrestricted access for ocean-going tugs, barges, and larger ships transiting Neah Bay during low tide.

The Corps of Engineers is expected to remove up to 30,000 cubic yards of never-before-dredged sediment material from the channel that’s expected to take two months to complete, pending weather conditions.

“This project will help to ensure that the rescue tug based at Neah Bay is ready to respond to marine emergencies on Washington’s coast,” said Rich Doenges, Southwest Region director for the Washington Department of Ecology. “We think the channel deepening represents a necessary step to prevent impacts to our state’s sensitive coastal environment and preserve our Pacific shorelines.”

The project falls under the Corps of Engineer’s civil works mission’s Continuing Authority Program (CAP) Section 107. It authorizes the Corps of Engineers to make navigation improvements for the non-federal sponsor, in this case the Makah Tribe. The $3.3 million project is mostly federally funded due to a cost-share waiver for Native American Tribes.

Seattle District Project Manager and biologist Juliana Houghton emphasized how the dredged material is perfect for reuse and will help fortify a nearby beach.

“We’ll place the beneficial use dredged material in an area along the shoreline that needs rehabilitation because of a lack of naturally occurring stream sediment,” she said. “The goal is to restore intertidal habitat by depositing the dredged material as beach nourishment.”

A Duwamish Services, LLC dredging crew connects a dredge pipe in Neah Bay, Dec. 8, 2023.
(Photo courtesy of Duwamish Services, LLC)

Deepening the Neah Bay entrance channel will reduce the emergency response tugs operating costs by minimizing the need for vessels to remain outside the bay in deeper waters during low tide. This will save an estimated $81,000 annually in fuel by reducing transit time during tidal changes.

The project first gained traction in the early 2010’s when the non-federal sponsor Makah Tribe contacted the Corps of Engineers Seattle District requesting a study to determine if navigation improvements for the Port of Neah Bay entrance channel were feasible.

“This project has been a long collaborative partnership with the U.S. Army Corps of Engineers, and we’re thrilled to see these improvements enhance the protection of the valuable Neah Bay ecosystem and improve safety for larger commercial and fishing vessels entering the port,” said Makah Tribe Chairman Timothy Greene, Sr.

Throughout the planning process Corps of Engineers officials coordinated, consulted and worked with federal, tribal and state agencies, including Environmental Protection Agency, National Marine Fisheries Services, U.S. Fish & Wildlife Service, Makah Tribe, Washington’s State Department of Ecology, State Historic Preservation Office and Clallam County.

For more information about the US Army Corps of Engineers Seattle District, visit the district’s website at https://www.nws.usace.army.mil/ and follow on Facebook at https://www.facebook.com/USACENWS/ and on X (previously Twitter) at https://twitter.com/SeattleDistrict.

Thanks to Louis.R.Velasco@usace.army.mil for the Press Release on this topic. Feel free to reach out to him for additional information as needed.

The Chehalis Watershed In Peril

A Tale of Floods, Droughts, Forest Practices, and Climate Change
Environmental Speaker Series
Thursday, November 30, 2023  |  4:30-5:20pm PT
In-Person at WWU: Academic Instructional Center West, Room 204
and Online on Zoom
The Chehalis Watershed In Peril : Western Washington University (wwu.edu)

The Chehalis watershed has been in crisis for decades. Additionally, misguided farmers along the river have taken it on their own to “address” the problems, causing even more destruction. This should be an interesting discussion. I talked to Senator Van De Wege years ago about bills to open up gravel mining on the river, thankfully stopped by the Tribes.

About the Event

The Chehalis watershed is the second largest watershed in Washington State. From its headwaters in the Willapa Hills, it runs about 130 miles in a circuitous path to the Chehalis River estuary. It is a rain-fed watershed that has been heavily logged since the 1850s. Tree plantations, both privately and publicly owned, dominate the watershed. Only 14,000 acres of older, structurally complex forests remain in the watershed, where there are no National Parks or other protected areas.

In the summer of 2023, the Chehalis River experienced the lowest water levels in 94 years – since recordkeeping began. Clear-cut logging of old forests has a huge impact on stream and river hydrology, with flows reduced by as much as 50% in summer as water is sucked up by young plantation trees. Clear-cut logging also has a clear connection to the devastating floods that dominate the watershed in the last 30 years.

In this talk, Lee will give a general overview of environmental issues in the Chehalis watershed, as well as highlight the connection between forest practices and water quality. She will highlight the importance of preserving the last of the older, structurally complex and diverse forests that remain in the watershed.

The Environmental Speaker Series is free and open to the public. Talks are held each Thursday at 4:30pm in Academic Instructional Center West, room 204. Join us at WWU or online on Zoom!
Brought to you by:
College of the Environment
The Foundation for Western Washington University & Alumni
 

Event Speaker

Lee First

Twin Harbors Waterkeeper
Lee First has a BS in Environmental Studies (Western Washington University) and a Professional Certificate in Wetland Science and Management (University of Washington). She has worked in the Waterkeeper movement for almost 20 years. As the Twin Harbors Waterkeeper, she works to advocate for, protect, and prevent pollution in the Chehalis, Willapa watersheds, as well as watersheds on the west coast of the Olympic Peninsula. Her past job experience includes managing environmental controls at a Superfund Cleanup Site, collecting water quality data for cities and counties, delineating wetlands and developing mitigation plans for Tribal governments, and controlling aquatic invasive species. Her passion for canoeing and kayaking (especially exploring new waterways) has led her to completing 17 sea kayak expeditions on the Inside Passage.

Event: Mining Risks to the Salmon Watersheds of Northwestern North America

A Speaker Series: Toxicology and Societies
The Impacts of Chemicals in Our Lives

Thursday, October 5, 2023  |  11:00am to 12:00pm PT on Zoom
In northwestern North America, a new rush of mining exploration and production is underway. The valuable mineral reserves in this region underlie watersheds that support critical water resources and cultural keystone species such as Pacific salmon. The scale of current-day mines dwarfs many historical mines. And, despite improvements to modern-day governance processes, we still witness mining operations causing harm to salmonid-bearing watersheds. This presentation will describe the basics of industrial-scale mining operations, the ecology of salmonid-bearing watersheds, and the negative impacts that metal and coal mining can have on salmonids and their habitat. This information can be applied to four key scientific questions intended to promote transparent discussions of whether the risk and uncertainty of mining impacts are sufficiently considered in governance processes.  More information about the speaker series is available, as are all past Toxicology and Societies recordings.
Brought to you by:
Institute of Environmental Toxicology and ChemistryWWU Alumni Office

Register here:
Mining Risks to the Salmon Watersheds of Northwestern North America | The Foundation for WWU & Alumni | Western Washington University
Chris Sergeant – Speaker
Chris Sergeant is an applied watershed scientist working where freshwaters, fish, and people converge. He grew up in Des Moines, Washington, and currently lives in Seattle working remotely as a research scientist with the Flathead Lake Biological Station. Chris is also an Affiliate Instructor with the University of Washington School of Marine and Environmental Affairs. Before moving back to Seattle with his family in late 2020, he enjoyed living 10 years in Juneau, Alaska, which had a huge influence on his perspectives on life and science. Chris studies mining impacts to freshwater ecosystems, climate change implications for Pacific salmon, best practices for developing long-term ecological monitoring plans, and the governance of transboundary watersheds. Chris received his BS and MS from the University of Washington and his PhD from the University of Alaska Fairbanks. 
Questions & Accommodations
Contact the WWU Alumni Office for this event by calling (360) 650-3353 or emailing Alumni@wwu.edu. There will be auto-captions available for this event. 

Brinnon Pleasant Harbor Update

The never ending saga of the proposed but never built Pleasant Harbor Master Planned Resort. The Brinnon Group, the main local organization opposing this planned community, recently published this on their web site: 

Our attorney has written a letter to the county commissioners about an agreement they have signed with the developer. The agreement includes the developer’s payment of past due fees and a new arrangement for the developer to pay for a county planner to process MPR county permits. The letter points out that the developer has not done the things legally required to be able to apply for county permits.

EXERPT from the County Agreement“…no residential development in this MPR can proceed without construction of the recreational facilities described above, in particular the construction of the golf course, recreational center with hotel rooms, community center, a pool, water slides and other such facilities. It is notable that in the 4 1⁄2 years since the Superior Court’s decision, there has been little or no progress on the required recreational features of the Master Planned Resort. As far as we known, no permit applications have been submitted for the golf course, recreation center, hotel, or any of the other required recreational elements. These features must be built out prior to the construction and sale of residential lots, finished homes or condominium units.

The question has to be asked at this point, now over 15 years since the Canadian developer started applying for this project, that other than clear cutting areas of the site, (from which they likely made money selling the timber), why has there  been no movement that is visible to uphold their end of the contract. They were contractually supposed to build out infrastructure before building residential development. It certainly seems that the county commissioners of that era, who were warned by many in the community, failed in their duties to protect the county. It appears all the county has got for this agreement is a costly long running lawsuit. Should the county rescind the agreement for breach of contract? It would be an interesting question. 

It is hard to understand what the Canadian developer actually wanted to do with this property. They claimed they wanted to develop it, but were they ever financially capable of doing that? It’s not like the county has not given them time and resources to get this underway. 

Background from the Brinnon Group website: 

“Before land sales can take place, infrastructure and recreational amenities must be complete. Four years ago, the developer attempted to move forward with its plans without committing to completing facilities that would qualify it for an MPR, but the Brinnon Group successfully sued in Superior Court to require that infrastructure must be complete before land sales can occur.  Now the developer is once again promoting sales of property in the MPR without completing any of the work required by its terms of approval. Sales brochures have been sent through the US mail to local residents in Western Washington, including referencing advertising on various internet sites.The Brinnon Group has filed complaints with the Washington State Attorney General’s Consumer Protection Division and the US Consumer Financial Protection Bureau seeking orders to cease deceptive sales activity until site work and amenities are complete. The full complaint is on the Brinnon Group website. Though the sale material conveys the impression the MPR is move-in ready, in fact there are not even permit applications, much less completed facilities for any of the elements required for the MPR. Indeed, the essential of development, sewer and water facilities, are not even in the planning stage, though Stateman promises ”indoor pools, hockey and skating, indoor soccer and other training facilities” to prospective owners. It also fancifully promises a “health center” offering “an approved surgical operatory” for various procedures including “plastic surgery, urology and gynecology.” The developer appears to lack basic financing for this substantial venture; indeed, it asked local and state governments for some $37million in grants and loans for the project a few years ago.

EVENT: Meet Lorna Smith Commissioner Dept of Fish & Wildlife Sept 21 online

Well worth an hour to hear from a key State Commissioner. Click anywhere on the photo below to be taken to the signup page. The RSVP link does not work in the image.

ACTION item: Stopping the industrialization of the Dungeness Wildlife Refuge

Time after time, citizens have had to sue the U.S. Fish and Wildlife Service (USFWS) for failing to protect the animals and their habitat as required by law, in areas that the nation has recognized as critical to preserve as habitat and for public recreation. Now USFWS is willing to allow, for private profit, the industrialization of refuge lands for shellfish operations. 

 

>>Tell the U.S. Fish and Wildlife Service and U.S. Secretary of Interior Deb Haaland that the Dungeness National Wildlife Refuge lease for industrial aquaculture must be rescinded.

 

In spite of demonstrated harm to birds, salmon, forage fish, and shellfish, 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,” USFWS approved a lease for an industrial oyster farm 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. 

 

In the words written of an October 2022 USFWS internal memorandum, “Forgoing a compatibility determination in order to facilitate incompatible commercial activities by any entity would be a subversion of the fundamental requirements in the [USFWS] Improvement Act.” 

 

We are targeting the most recent case of the USFWS’s permissiveness in one of the country’s most pristine nature lands, the Dungeness National Wildlife Refuge in the small rural town of Sequim Washington, just below the Olympic National Park. In this case, the shellfish corporation raises shellfish on other sites. They do not need to operate in a national refuge and deny wildlife their feeding and breeding grounds. 

 

The Dungeness National 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 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.  

 

Industrial shellfish aquaculture is known to reduce or eliminate eelgrass with the use of pesticides. Shellfish aquaculture also involves large-scale use of plastics—PVC tubes and plastic netting—that are hazardous to marine organisms and can trap and entangle wildlife. Commercial shellfish aquaculture is a major industry in Washington state that has significant impacts on the nearshore marine environments, which provide essential habitat for many species, including invertebrates, fish (including herring and salmon), and birds (migratory and shorebirds). 

 

Among the negative impacts of this project are: 50% reduction in bird primary feeding grounds; plastic oyster bags that exclude the probing shorebird flocks from feeding deeply into the substrate, entrap fish and birds, add macro- and micro-plastic bits to the sediment throughout the refuge, and shift the benthic community composition; diminishing of the ecological benefits provided by eelgrass to threatened fish and birds, such as nourishment and cover from predators; and increased algal blooms that will leave a graveyard of dead oysters. These detrimental effects to the Dungeness National Wildlife Refuge are NOT minimal. Decisionmakers should not place financial benefits to the corporation above the long-term and cumulative impacts to the refuge. Half of the world’s 10,000-odd bird species are in decline. One in eight faces the threat of extinction. 2.9 billion breeding adult birds have been lost from the United States and Canada in only 50 years. 

 

Let’s raise our national voice and try and stop this refuge destruction with public persuasion. This is a public space we pay to protect. For more information, check out the Daily News post from last August, “Groups Sue U.S. Interior Department to Protect the Dungeness National Wildlife Refuge from Industrial Aquaculture.” 

 

This action follows a lawsuit filed by three environmental organizations against the U.S. Department of Interior for failing to protect the Dungeness National Wildlife Refuge from industrial aquaculture. The groups, including Protect the Peninsula’s Future, Coalition to Protect Puget Sound Habitat, and Beyond Pesticides, filed their complaint in the U.S. Western District Court of Washington State. The complaint states that the U.S. Fish and Wildlife Service (USFWS), U.S. Department of Interior, must “take action that is required by the Refuge Improvement Act and conduct a compatibility determination and require a special use permit for a proposed industrial aquaculture use” that will abut and impact the Refuge. The plaintiffs are represented by the Seattle, WA law firm of Bricklin and Newman LLP. 

 

>>Tell the U.S. Fish and Wildlife Service and U.S. Secretary of Interior Deb Haaland that the Dungeness National Wildlife Refuge lease for industrial aquaculture must be rescinded.

 

We are focusing this Action against the U.S. Environmental Protection Agency and the U.S. Secretary of State.  

 

Thank you for your active participation and engagement!

 

Please take this ACTION and circulate it to your family, friends and colleagues.

https://secure.everyaction.com/WMJxQmNjDUqarx4FmLzUrA2

also, to support the lawsuit, you can send checks to:

Send a check to: PPF, POBox 421, Sequim WA 98382 or through PayPal: https://www.protectpeninsulasfuture.org/donate/

        PPF is a federal recognized 501c3 non-profit.

Pat Neal again denounces fish restoration projects.

The Peninsula Daily News mentions that the Kiwana’s of Port Angeles invited fishing guide, columnist and long time “salmon restoration industry” critic Pat Neal to speak at their recent meeting. We have long documented Neal’s rants against any and all efforts to restore the rivers he claims to love.

Neal blames virtually all parties, the Federal government, State government, and Local Governments for spending millions of dollars and having nothing (in his mind) to show for it. The article says that he ended by saying the Tribes should be running fish restoration, as if they haven’t been for decades. He clearly has been out of touch with what has been happening all around him.

Having done volunteer environmental work on the Peninsula for 20 years, along with producing films for the Jamestown S’Klallam and my film “Voices of the Strait” in 2010 for the Puget Sound Partnership, which was a documentary on the “old timers” that grew up fishing and hunting here, I can state that what Neal conveniently leaves out, is as important as what he says.

This image has an empty alt attribute; its file name is Clallam-Bay-Roads-1920s-734x1024.jpg
1930s roads in Clallam Bay

First off, Neal does not seem to understand that the efforts of restoration will take far longer and far more than the little we have already done. Why? Because we are dealing with 150 years of rampant exploitation of the Peninsula and it’s environment by a variety of people and companies operating with a worldview of “unlimited resources.” They were people of a very different time, legal framework and perspective.

Logging companies commercially cut over 95% of the old growth timber here. While doing that, they destroyed the 12,000 year old forest floors right down to the streambeds. A recovery from this destruction will take over another 100 years, if ever. This ecosystem was where the salmon (and numerous other unique species) thrived. They couldn’t and can’t live without it. There is no “blame” here, these people did not have a scientific understanding of how the ecosystem worked. They simply thought there was so much abundance, it could never end. The last “one log” truck went out on this peninsula as late as the early 1970s, while the Congress allowed raw logs to go out to Japan without using our sawmills. I watched as the ships were loaded with giant cedar and fir. Who profited from those decisions? Yet many still want to blame the Spotted Owl or the Boldt Decision for the end of the logging era and the almost simultaneous collapse of the salmon runs. The Spotted Owl fiasco was an outcome, not a cause. The Boldt Decision simply recognized that our neighbors indeed had “Treaty Rights” and they were going to be asked to help manage a fishery they had historically successfully managed for centuries.

One Log Truck c1960s. Photographer unknown.

Additionally, well meaning farmers gutted the rivers for irrigation, especially in the Sequim/Dungeness basin. One long time fisherman named Vince Cameron I interviewed for “Voices of the Strait”, told me that as a young boy, growing up on the Dungeness, he witnessed a tractor come into the river and cut a channel to create an irrigation ditch, during the middle of a salmon run, stranding thousands of fish as they moved upstream to spawn. He also discussed that channelizing the river, to end the flooding of the valley, created a high pressure hose effect, essentially scouring the banks where the salmon spawned.

Vince Cameron on the Dungeness River. Photo by Al Bergstein

The reversal of this entire mess has taken hundreds of millions of dollars, decades of the efforts of the Jamestown S’Klallam and the collaborative work of the Dungeness River Management Team, which included the Tribes, fishermen, hunters and farmers. It has been a successful effort. But it will likely take many more decades before we see significant numbers of salmon, especially the runs of Chinook. Neal would apparently rather sit on the sidelines and complain than take part in these efforts.

Another old timer told me that once the Hood Canal Floating Bridge came in, he noticed that the fishing in Hood Canal seemed to collapse. Since that comment to me, we have scientifically found out he was right, that the bridge is contributing to deaths of millions of fry on their way out to sea. Efforts to understand how we can keep the bridge and yet make it safe for salmon fry are ongoing.

Alexandra Morton in Canada scientifically proved that net pens were contributing to sea lice that were killing and weakening salmon as they passed by on their way to the sea. I witnessed the PR people employed by major aquaculture companies we all love here in Puget Sound, denounce her and her work over and over again. She was finally, after decades of work, successful in getting the Canadian Government to remove these farms. The runs this year, the first year that returns came back having not passed the farms, were spectacular. The people who denounced her have continued to be members of influential committees here on the Peninsula and continue to denounce efforts to reign in their ongoing takeover of our beaches.

We also have witnessed extensive construction of homes and businesses along the banks of salmon streams, destroying the natural habitat for a mixture of concrete and lawns. The reversal of that is taking decades as homes are bought out, removed and flood plains put back in place. Flood plains are the “lungs” of the river, and our destruction of them was incredibly bad news for salmon. Now we are on a path to restoration with best available science helping guide decisions being made by large groups of representatives from our cities, counties and environmental organizations.

I interviewed men who ran sports fishing boats out of Sekiu and other places. Herb Balch told me how he and other sports fishing fleet owners begged the Department of Fisheries to put limits on the salmon fishing during the 50s and 60s because they felt it was wasting the resource. He mentioned to me he would take out a boat of Boeing executives who would want to fish the “limit” and would come back with a boat of 30 to 50 fish. The customers might take one or two leaving him needing to gut and give away the rest. He could never find high school kids to be ready to do the work and in disgust, would dump the remaining fish over the side. This went on, day in and day out during fishing season.

Herb Balch, photo by Al Bergstein

Dick Goin, the late long time fisherman who was the spark for removing the Elwha dam, also documented the dramatic decline in salmon from the 1930s, when he arrived, to when he ended his fishing career. I have a copy of his legendary document, “Roll Call of the Lost” if anyone would like to see it.

Dick Goin photo by Al Bergstein

Ray Hunter, who grew up in Dungeness Bay, recalled the day that the boats came in and swept across the bay, dragging nets that destroyed the bottom and brought an end to many of the fisheries that he experienced growing up in the 40s and 50s.

Ray Hunter photo by Al Bergstein

Peter Becker told me of being on fishing boats in the late 70s with the latest fish finders and him and the crews wondering who would catch “the last salmon”.

Peter Becker photo by Al Bergstein

None of these men were environmental radical activists. They were simple fishermen, paper mill workers, truck drivers and businessmen that were appalled by the destruction they watched. They watched the ‘baseline’ as it’s called in science, move, and understood what was happening. From a baseline of virgin forests to a pillaged clear cut, from dozens of dead salmon floating away in the Strait, it was clear to them what was happening. Dick worked hard to reverse it, and the removal of the Elwha Dam and the return of the chinook and other fish to the upper reaches is now being seen. It’s not yet to a place where river guides can make a living, but we are headed that way. Unfortunately, it is not likely to be done in Pat Neal’s lifetime. It just isn’t that simple.


You can watch my film, “Voices of the Strait” on YouTube. Unfortunately, I was requested at the time to keep the running time short, and had to cut many interviews. I’m hoping to return to the film someday and make the running time long enough to include much of what was left “on the cutting room floor”.

You can watch my film, “Working for the River” about the Dungeness recovery efforts, on Vimeo.

Groups Sue USFWS for Failure to Protect Dungeness Spit

DUNGENESS NATIONAL WILDLIFE REFUGE UPDATE (DNWR): Groups Sue USFWS For Failure to Protect the Dungeness National Wildlife Refuge 

On August 17, Protect the Peninsula’s Future (PPF) was joined by The Coalition to Protect Puget Sound Habitat and the WA D.C. national organization Beyond Pesticides in a legal action to hold the U.S. Fish and Wildlife Service (USFWS) accountable to follow its regulations and protect the Dungeness National Wildlife Refuge. They were represented by the Seattle WA law firm Bricklin and Newman 

Beyond Pesticides Press Release

The August 17 federal complaint, submitted to the United States District Court For The Western District of Washington, states that the USFWS must “take action that is required by the Refuge Improvement Act and conduct a compatibility determination and require a special use permit for a proposed industrial aquaculture use” that will abut and impact the Refuge. 

Plainly, the compatibility determination would decide whether this industrial- shellfish operation is compatible with the mission of the Refuge.The Dungeness National Wildlife Refuge was created in 1915 by President Woodrow Wilson. The Refuge provides habitat, a preserve, and breeding grounds for more than 250 species of birds and 41 species of land animals. The shellfish operation lease is for 50 acres of Washington State bottomlands. 34 acres would be covered with up to 80.000 plastic grow-out bags of non-native shellfish spat, staked into the bottomlands and potentially killing all marine life underneath and snaring wildlife in the netting. These plastic bags will cover the primary feeding grounds for the birds, essentially starving them as they peck through the plastic trying to reach nutrients. This operation would shift the natural year-round-sediment drift, moving the sediment into and covering the eelgrass beds – beds protected for rearing salmon for whales and nourishment for particular migratory ducks. To protect the birds, the area is closed to the public during the migratory bird season.  However the USFWS will allow the shellfish operation in to the area all year long to the detriment of the birds.

Please see this publication for further detail. https://www.ehn.org/dungeness-national-wildlife-refuge-oyster-2660613389.html

Rat Island experiencing an outbreak of highly pathogenic avian influenza (HPAI)

Bad news for the Caspian Terns on Rat Island

Friends of Fort Flagler has been sponsoring trained docents to help protect the Caspian Tern population that is currently nesting on Rat Island. Recently a number of dead birds have been sighted and test results provided to Fish and Wildlife have confirmed that the birds are carrying Avian flu.

Here is the press release from Friends of Fort Flagler

Avian Flu in Jefferson County

Keep your dogs on leash and away from the shoreline! We are experiencing an outbreak of highly pathogenic avian influenza (HPAI), commonly known as bird flu, and the Washington Department of Fish and Wildlife (WDFW) is closing public access to Rat Island near Fort Flagler State Park. Dozens of Caspian terns have died in the area and there are more that appear sick. Samples from bird carcasses were collected and have tested positive.

The HPAI virus occurs naturally among wild aquatic birds worldwide and can infect poultry and other bird and animal species. The virus is contagious among birds through saliva, nasal secretions, feces, and contaminated surfaces.

WDFW is asking the public to avoid contact with sick or dead birds and/or seals as a preventative measure. Also do not attempt to transport them to a veterinarian or a private property for treatment. Moving sick animals can spread the virus to areas where it did not exist before. Please keep pets away from bird carcasses or sick birds to avoid exposure to HPAI.

Public access to Rat Island had recently been discouraged to reduce disturbance to the tern colony and harbor seal pups present there, and shellfish harvest is closed around the island, but extreme low tides have led to more foot traffic to the island from Fort Flagler State Park. Staff are posting “closed” signs and information on HPAI around the island, the campground, and the boat launch. Keeping humans out of the area is a preventative measure and helps prevent the spread of the virus.

Please help spread the word about this closure and not touching sick or dead wildlife.

Friends of Fort Flagler

Coalition Takes Legal Action to Stop Logging in the Elwha River Watershed

Commissioner Franz continues to work against the concerns of the local constituents. And this woman wants to be governor?


Timber Sale threatens drinking water access, wildlife habitats, and biodiversity – Washington DNR ignores community requests to pause logging. 

FOR IMMEDIATE RELEASE: June 30, 2023

Contacts: Elizabeth Dunne, Esq., Director of Legal Advocacy, Earth Law Center edunne@earthlaw.org

Port Angeles, WA – On June 30, 2023, a coalition of groups–Earth Law Center, the Center for Whale Research, and the Keystone Species Alliance–filed a notice of appeal to challenge the “Power Plant” timber sale, currently set to be auctioned on July 26th, 2023, by the Washington Department of Natural Resources. The proposed “Power Plant” timber sale is a 126-acre timber sale that borders popular recreation routes such as the Olympic Adventure Trail, the Colville MBT, the trail to access the old lower dam site, and nearby climbing areas.

The forest is in close proximity to the Elwha River with a diverse mix of Douglas fir and Western redcedar, many at least a hundred years old, and a diverse, naturally regenerated understory. This timber sale is incompatible with the restoration of the iconic Elwha River, which underwent the largest dam removal in US history, completed in 2014. $327 million of federal funding has been invested in the river’s restoration to date. The legal action alleges that DNR has systematically engaged in extensive logging of older legacy forests in the Elwha River Watershed without studies or consideration of impacts to instream flows, groundwater recharge, and water temperature. Past, current, and future planned timber sales will remove hundreds of acres of forest.  

The lawsuit also alleges that DNR failed to consider how the logging could impact this critical riverine wildlife corridor, soil health, salmon and orca populations, and ongoing Elwha river restoration. The Elwha River is City of Port Angeles’ residents only source of drinking water

The forest is in the headwater area for Colville Creek and small tributaries of the Elwha River, areas critical for the recharging of groundwater to feed these streams. The Forest, its streams, and the rejuvenating Elwha River work together to support two keystone species: returning salmon populations and the critically endangered Southern Resident Orcas, who depend upon consuming salmon for their survival. Given their proximity to the Elwha River, these older forests provide critical habitat for endangered and threatened species, including Southern Resident orcas, Chinook salmon, and the Marbled murrelet. In fact, a juvenile Marbled murrelet was recently found just miles from the proposed harvest.

The legal action specifically identifies Public Lands Commissioner Hilary Franz’ pattern of skirting community input to push through unlawful timber sales, including the Power Plant sale. This forest could be saved today if Public Lands Commissioner Hilary Franz directed the harvest to stop. 

Community groups launched an ambitious campaign today to raise funds to negotiate for the protection of the forests from imminent logging. Pledged funds from the “Elwha Forest Fund” will go solely to replace the revenue that would have come from the extractive timber harvest auction. 

This legal action is by no means the first action taken by community groups in opposition to timber sales in the Elwha watershed. In addition to public comments formally submitted to DNR, community members have come out in droves to DNR’s meetings to speak during the open comment periods in opposition to this timber sale. Additionally, on March 5, 2023, over a hundred community members, largely from Port Angeles, the lower Elwha Klallam Tribe, the Jamestown S’klallam Tribe, the Lummi Nation, and surrounding areas in the Olympic Peninsula, joined together in a peaceful rally at the Elwha River Observation Area near an active timber harvest site called “Aldwell.” Aldwell was logged earlier this year by the DNR. 

The Port Angeles City Council in particular submitted letters to DNR to plead for the “Aldwell” auction to be put on hold. Despite community advocacy, DNR and Commissioner Hilary Franz did not adhere to local concerns and logged “Aldwell” without meaningfully considering community input. The city once again wrote to Franz to request delaying the auctions for “Power Plant” and “TCB23,” along with letters from many concerned local residents. For example, see the Mayor’s June 1, 2023 letter about the Power Plant sale. 

Forest Protection Advocates Banner Port Angeles

This morning, Clallam County residents joined forest & climate activists across the PNW in hanging banners calling for forest protection as key to mitigating the worst impacts of climate change.

A local hike in Clallam County took place on Saturday as part of the region-wide Week of Action for Forests & Climate.

On the Anniversary of the 2021 Heat Dome, PNW Communities Mobilize for Massive Week of Forest and Climate Action

PORTLAND, OR – Today, on the two year anniversary of the 2021 Heat Dome, communities throughout the Pacific Northwest are mobilizing a massive week of action to shine a spotlight on the significance of forest defense as climate defense. From the Rogue Valley in southern Oregon, to Bellingham, Washington and out east to the Rockies, communities are holding events to call on elected officials — from the White House and Forest Service to governors and state forestry agencies — to protect PNW forests as a vital strategy to mitigate the worst climate impacts, create jobs restoring lands and waters, and ensure forests and communities thrive for generations to come. The week of action comes just days after Multnomah County filed Multnomah v. Exxon, a bold lawsuit seeking to hold the fossil fuel industry accountable for the Heat Dome which caused more than 100 deaths in the state of Oregon.

Brenna Bell, Forest Climate Manager for 350PDX says, “It is beyond time for all levels of government to treat the climate crisis like the emergency it is. I am heartened by Multnomah County’s bold action last week to hold Big Oil accountable for their role in creating the climate crisis. Now, governments need to recognize that Big Timber has also massively profited off clearcutting Oregon’s best defense against climate chaos and act quickly to protect and restore our forests.”

To kick off the week of action, today activists hung 20 banners that called for forest protection over highway overpasses across Oregon, Washington, Idaho, and Montana in a coordinated action to highlight the growing grassroots movement to protect forests for climate mitigation. This action coincided with the release of an open letter from more than 30 organizations to the Biden Administration and federal leaders, calling on them to:

Protect federally-managed old-growth and mature forests in the Pacific Northwest as foundational to protecting our communities and a livable climate;

Listen to, resource, and support communities on the frontlines of the climate crises;

Support rural economies by redirecting federal subsidies away from the extractive timber industry and towards sustainable restoration and reforestation jobs;

Start acting like the climate crisis is the emergency that it truly is, and be a bold and decisive leader in protecting both the current and future generations.

“Protecting our remaining mature and old growth forests is crucial to mitigating the climate crisis and creating thriving climate-resilient communities,” says Madeline Cowen, Steering Committee member with the PNW Forest Climate Alliance. “Our forests have tremendous capacity to absorb and store carbon — we must prioritize safeguarding them for community benefit over short-term corporate profit.”

“We’re calling on our elected officials–from the White House and Forest Service to our Governor–to stand with our communities and protect our forests as a core part of meaningful climate action,” says David Perk, of 350 Seattle. “In Washington, we call on the Commissioner of Public Lands to follow through on her commitment to propose and implement an improved policy for the preservation of our remaining mature forests.”

Residents and organizations from around the region see a significant need to raise awareness around the need to protect PNW forests – some of the most carbon-rich in the world – as a key pillar of climate action and connect the dots between destructive logging and catastrophic climate impacts. They believe that these must be managed for community benefit, not to maximize profits for Wall Street corporations and shareholders. The actions will focus on the climate, water, wildfire, biodiversity, and economic impacts if their elected do not act now to protect PNW forests.

Dozens of actions are planned in 18 towns and cities across the PNW.

For the full list of actions visit: forestclimatealliance.org/weekofaction

The PNWFCA is a network of organizations and activists working at the intersection of forest defense and climate justice.