Court of Appeals Backs Environmentalists: Federal Greenlight of Industrial Shellfish Aquaculture Unlawful

Posted on February 12, 2021 by Al Bergstein

This is the most significant court ruling in decades and likely changes everything about shellfish aquaculture in the Salish Sea. It’s importance cannot be overstated. This blog has covered the trial over the last two years. We have been astonished at the brazen lack of science applied and found during discovery of the Army Corp. of Engineers. The time has come to start applying real science to the selling off of our beaches and virgin bays, converting them to commercial aquaculture farms with no real debate or discussion on “where will this all end”. The creation of this lawsuit was a ‘hail Mary” pass by the environmental groups that brought the suit. If they had lost, likely all future attempts at stopping this insanity would have failed. Congratulations to both the lawyers at the Center for Food Safety and the Coalition To Protect Puget Sound Habitat for their efforts. This is a win for all of us.

Today, the 3-judge appellate panel unanimously agreed with the District Court, holding that the Corps failed to support its approval of NWP 48, violating the Clean Water Act and National Environmental Policy Act. Describing the Corps’ reasoning as “illogical,” the Court focused on its failure to analyze the admitted cumulative impacts of adding industrial-scale shellfish aquaculture to an already-impaired environment, and its reliance on a “limited scientific study” to justify a much broader determination of minimal impacts.

https://www.centerforfoodsafety.org/press-releases/6264/court-of-appeals-backs-environmentalists-federal-greenlight-of-industrial-shellfish-aquaculture-unlawful

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Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

Posted on February 12, 2021 by Al Bergstein

On this day, history for both the NW Tribes and all Tribes across this country changed for the better. One of the most important rulings in the history of U.S.< > Tribal relations, no matter which side of this you may have been on. For the Tribes, it showed that the legal system could work for them. For non-natives, it showed that their dominance of the fisheries and other resources was over and that “honoring the treaties” was a not just a hollow phrase. Nothing would be the same again. It also represents the only way forward if we are going to continue to build a coalition that can effectively restore the salmon runs. The Tribes have been the most effective partners in doing this work, as shown by the Jamestown, Elwa and Port Gamble S’Klallam peoples. We raise our hands in thanks for this day. We have little time left to save the runs, and the small incremental progress being made needs to accelerate.


On February 12, 1974, Federal Judge George Boldt (1903-1984) issues an historic ruling reaffirming the rights of Washington’s Indian tribes to fish in accustomed places. The “Boldt Decision” allocates 50 percent of the annual catch to treaty tribes, which enrages other fishermen. At the same time Judge Boldt denies landless tribes — among them the Samish, Snoqualmie, Steilacoom, and Duwamish — federal recognition and treaty rights. Western Washington tribes had been assured the right to fish at “usual and accustomed grounds and stations” by Federal treaties signed in 1854 and 1855, but during the next 50 years Euro-American immigrants — armed with larger boats, modern technology, and the regulatory muscle of the state — gradually displaced them. The campaign to reassert Native American fishing rights began in 1964 with “fish-ins” on the Puyallup River led by Robert Satiacum (1929-1991) and Billy Frank Jr. (1931-2014), who defied Washington state attempts to regulate their fishing. (History Link)

Federal Judge George Boldt issues historic ruling affirming Native American treaty fishing rights on February 12, 1974

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Democrats urge investigation into removal of owl protections – KNKX

Posted on February 4, 2021 by Al Bergstein

In badminton the thing you hit to the opponent is called the “shuttlecock”. In the game of “blame something for the destruction of Northwest virgin forests and the subsequent loss of the old fashioned timber industry” the shuttlecock has been the indicator species, the Spotted Owl. It’s again back in play this year.

The Trump administration took the side of the rural timber industry, who has blamed the Spotted Owl on their industry’s decline, despite huge amounts of evidence to the contrary (i.e. starting with no real limits on old growth logging for the last 100 years until it was too late, the advent of the chain saw and other high yield mechanical harvesting starting in the 1940s, and the real death knell, the decision of Congress in the 1970s to allow raw logs to be shipped to Japan), the industry continues to believe that if only we allowed this indicator species to die off, we could return to the heyday of one log trucks plying highway 101. That idea flies in the face of the reality that less than 1% of old growth forest in the Pacific NW still exists. So what is the fight about, really?

Eight Democratic lawmakers called Tuesday for an investigation into “potential scientific meddling” by the Trump administration in its rule to remove critical habitat protections for the imperiled northern spotted owl in the Pacific Northwest.

KNKX.ORG

Read the latest Spotted Owl badminton game overview and all it’s sordid details, here.

https://www.knkx.org/post/democrats-urge-investigation-removal-owl-protections

Filed under: Clallam County, Endangered Species, Environmental Law, Environmental Protection, Jefferson County, Olympic Peninsula | 2 Comments »

Washington State Parks commission approves scaled-back proposal for Navy SEALs training – Seattle Times

Posted on January 29, 2021 by Al Bergstein

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The outcome was never in doubt. It never is. Our state parks are being turned into military training facilities and there is no way to stop it. It doesn’t matter if it’s up to the Democrats or the Republicans. Who thought this was a good idea? It seems to be a show by the military of raw arrogance “we can do it and they won’t stop us.” It is a never ending story of a grab for more of our waters, our beaches and our tax payer monies for protection that becomes less effective by every year. We are unable to effectively protect our assets on our computers from a torrid of hacking. And as we saw at the Capital, the real enemies we have to fear are the people right here among us who have bought, hook line and sinker, that when they lose an election, when they don’t get their way, that it is grounds for revolution, violence and mayhem.

Want to complain to the Governor and your state representatives? Start with our State Parks and Recreation commissioner, Jessica Logan, who’s comment was was worthy of the best of George Orwell’s famous doublespeak. “At no time will the Navy’s use of State parks supplant or displace the public. The public always has a priority.” Right. Sure. Thank you to Ken Bounds, Sophia Danenberg and Diana Perez for at least trying to stop this.

Here’s how they voted, so you can take action to try and get rid of the Commissioners who supported this next time their terms are up:

Motion by Mark O. Brown to approve the staff recommendation as proposed in the Requested
Action above. Second by Michael Latimer. All those in favor: Michael Latimer (term expires in 2024), Steve Milner, Cindy Whaley (term recently expired, up for renewal?), and Mark O. Brown (2022). All those opposed: Ken Bounds, Sophia Danenberg and Diana Perez. Motion passes 4 to 3.

Amendment to the motion by Commissioner Milner: In consideration of how these park supporters feel and their concerns for diminished spiritual, philosophical and emotional attachment to the parks, I move to amend staff’s recommendation to add to the criteria and conditions set forth in Appendix #2 permit issuance is restricted to the time period when daytime visitors would normally not be permitted in the park per WAC 352.32.050. Nine months after the issuance of the first permit the Director will present to the commission a detailed report on permitted naval activity including interactions and issues arising involving park visitors and navy personnel, park visitors and park staff and comments to public information materials posted in
the parks and bring forth any recommendations for policy changes if warranted.

Second by Cindy Whaley. All those in favor: Michael Latimer, Steve Milner, Cindy Whaley, Mark O.
Brown, and Sophia Danenberg. All those opposed: Ken Bounds and Diana Perez. Amendment
passes 5 to 2.


A state commission has approved the Navy’s use of up to 17 Washington state parks for after-dark stealth training of SEAL teams. The 4-3 vote approves the training over the next five years. The Navy had sought to use up to 28 state parks for up to 48 hours at a stretch to enable special operation SEAL teams to make shoreline landings, then conduct surveillance of other military personnel dressed in plain clothes. Hal Bernton reports, (Seattle Times)

Washington state parks commission approves scaled-back proposal for Navy SEALs training 

Filed under: Around the Sound, Environmental Protection, Jefferson County | 5 Comments »

Puget Sound Partnership proposing “Desired Outcomes” for ongoing ecosystem recovery – PSI

Posted on January 22, 2021 by Al Bergstein

New from the Partnership, which is tasked with recovery of Puget Sound. Recovery is not going well. So they are tuning their goal setting. Probably a good thing. But reading the following from the article I worry about the words, “reduce the ongoing costs of recovery”. This comes across as another change of direction that is more worried about costs than results. But I hope I’m wrong.

The Partnership has been a mixed bag over the years. It has mainly been an organization helping large scale projects find the funding and political support they need, narrowing the group attending to what seems to be project managers and government officials. They have always lacked a serious budget to educate the population about the issues that need to change to fix the Sound. It has been underfunded to achieve the goals that it was created to solve. Many of its’ most useful pieces oddly are the monitoring it does to help identify baselines which illustrate it’s lack of progress. Certainly an agency like this is needed, but many of us wonder just how useful this particular version is to the people spending vast amounts of volunteer time attending it’s meetings. So many people have shown up with good intentions only to fade away because of what’s perceived as a lack of progress and inability to really help them achieve their goals. Could there be a better way to achieve the goals of Puget Sound Recovery? As someone who has attended many of their meetings and closely monitored their efforts since they day they were formed, I’m not being critical so much as asking the question, “when will we see real progress at saving the species at risk, and making the Sound more “swimmable, fishable and healthy?” When will we see real efforts at educating the public about this, rather than just assume that everyone is on board for making the hard choices to fix the Sound? The sad reality seems to have been that the deeper we dig into the science, the more monumental are the problems. A good case in point is the finding that road runoff may be a major contributor to the decline of salmon in the Sound. That is not an easy thing to fix quickly. . The declining populations of salmon won’t wait on a bunch of meetings to survive or not. When the Partnership set goals in 2007 to 2010, (and reset them and reset them) they were simple. Do we really need to take time to re-calibrate when the answers have been pretty clear from the beginning? Educate the public for buy in. Identify the projects needed, fund them, measure the results. Recalibrate. The goal should not be to reduce the cost of ongoing recovery. That may be impossible. We have spent hundreds of millions of dollars trying to reverse the decline. If we saw runs of salmon returning in ever increasing numbers, we would be cheering the Partnership on. But we aren’t seeing the fish after 13 years of concentrated efforts. In fact, a recent report I reported on just in the last month discussed that we are losing the battle. What is the Partnership going to do to solve that issue?

“If planners can agree on these general directions, the next step will be to develop individual strategies to improve the ecosystem in ways that improve the efficiency and reduce the ongoing costs of recovery. The final step is to identify individual actions in line with the strategies.“


Puget Sound Action Agenda, often referred to as Puget Sound Partnership’s blueprint for ecological recovery, continues to evolve. The next Action Agenda — scheduled to go into effect a year from now — will incorporate an expanded long-range vision for Puget Sound, complete with broad-based strategies, not just near-term actions. “Desired Outcomes,” the first major component of the next Action Agenda, will be unveiled…(Thursday) before the Ecosystem Coordination Board, the wide-ranging, 27-member committee that advises the Leadership Council in its recovery oversight and strategic planning. A live video of the discussion can been viewed online, as described in the meeting agenda. “Desired Outcomes are statements that describe what we intend to accomplish — the positive change we want to see in Puget Sound,” states a fact sheet describing the next Action Agenda update. The idea is that near-term actions proposed over four years should fit into a larger vision leading to “transformational change and bold progress toward Puget Sound recovery.” Chris Dunagan reports. (Puget Sound Institute)

Puget Sound Partnership proposing ‘Desired Outcomes’ for ongoing ecosystem recovery

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State Senator Van de Wege introduces bill to ban seabed mining.

Posted on January 22, 2021 by Al Bergstein

This idea is a good start to protect the seabed from mining efforts and I’m glad to see Senator Van de Wege getting ahead of this issue before it becomes a problem.Too often in the past we have allowed bad environmental practices to go on until science shows us the error of our ways. This bill is working off the science done elsewhere so we don’t have to repeat the same mistakes.

It’s unclear at this point as to who will be opposing this bill. But it will be worth following to see who shows up to testify against it. It’s slated to go to a public committee meeting on 26 January.

Press Release from State Senator Van de Wege.

Dear friends and neighbors,

It’s great when we enact laws to correct or eliminate activities that are causing harm. What’s even better is when we can address a problem before it even becomes a problem.

That’s the goal of my legislation to ban seabed mining, a growing industry that ravages natural habitat to extract minerals and deposits from the ocean floor. Simply put, seabed mining sucks up the ocean floor to capture metals, minerals and gemstones. This gouges the seabed, creating plumes of sediment that resettle in surrounding areas and can smother deep sea vents. The threat to marine life is obvious — locally we could see serious disruption to crabbing, fishing and shellfish. But the risks extend as well to scientific progress — some of these species are uniquely adapted to the lack of sunlight and intense pressure of deep water, and might prove critical to the research and development of medicines, protective gear and other applications.

So far, seabed mining has not been practiced in our state — and Senate Bill 5145 will ensure that it never is. The legislation would prohibit our state Department of Natural Resources from issuing permits or leases for mining on state-owned aquatic lands along our coast from Cape Flattery south to our state’s southern border, as well as in Grays Harbor, Willapa Bay, and the Columbia River downstream from the Longview bridge. The bill will be heard Tuesday by the Senate Committee on Agriculture, Water, Natural Resources & Parks.

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NW Salmon “Teetering on the brink of extinction” – KNKX

Posted on January 19, 2021 by Al Bergstein

More evidence that we are not doing enough, and perhaps we are doing the wrong things. More science is needed, and more enforcement of rules protecting habitat and species. Time is about up. We have gone in one generation from vast schools of the finest protein source imaginable to zero.


Washington’s salmon are “teetering on the brink of extinction,” according to a new report. It says the state must change how it’s responding to climate change and the growing number of people in Washington. Washington’s State of Salmon in Watersheds report says time is running out for the Northwest’s iconic fish. The report, which is issued every two years, shows a trend of warming waters and habitat degradation is causing trouble for its salmon runs. Ten of the 14 threatened or endangered salmon and steelhead runs in the state are not getting any better. Of those, five are “in crisis.” Courtney Flatt and Bellamy Pailthorp report. (KNKX)

Report lays out bleak picture of Northwest salmon ‘teetering on the brink of extinction’

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Two forest parcels taken off bidding sheet – PDN

Posted on January 15, 2021 by Al Bergstein

Good news this week from the DNR and the NW Watershed Institute.

Eighty acres of Jefferson County forest land will not be sold to the highest bidder, said Peter Bahls of the Northwest Watershed Institute.

That had been the state Department of Natural Resources plan.

Two forest parcels taken off bidding sheet

Filed under: Environmental Activism, Environmental Law, Environmental Protection, Jefferson County, Jefferson County | 3 Comments »

REPAIRS OF BULKHEADS, DOCKS AND OTHER STRUCTURES NOW INVOLVE HABITAT ASSESSMENT – PSI

Posted on January 15, 2021 by Al Bergstein

This is a huge change to the proposal, hopefully for the good. However, in reading this article I find that it may cause more problems than it solves. While I applaud the idea, the implementation seems problematic. I urge those of you interested in seeing this implemented or those seeing issues with the implementation to attend this meeting. Now is the time to tweak the process so that it helps people do the right thing.

NOAA Fisheries will hold online public workshops on Jan. 26 and Jan. 28 to explain the conservation calculator that the agency developed to assess the value of nearshore habitat. Both workshops will run from 9 to 11 a.m. Details will be posted on the webpage Puget Sound Nearshore Habitat Conservation Calculator.

https://www.pugetsoundinstitute.org/2021/01/repairs-of-bulkheads-docks-and-other-structures-now-involve-habitat-assessment/

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Sea otter reintroduction to more of the Pacific Coast gets a nudge from Congress – KNKX

Posted on January 8, 2021 by Al Bergstein

Some good environmental news! Tom Banse writes about the successful efforts to get money inserted into the newly passed budget to help continue the reintroduction of sea otters to the west coast. Info on Washington counts of sea otters also in this story.

“I’m very pleased. This is very timely,” Bailey said in an interview. “It will definitely help U.S. Fish and Wildlife Service develop a strategic approach for how best to conserve and protect sea otters on the Pacific Coast.”

https://www.knkx.org/post/sea-otter-reintroduction-more-pacific-coast-gets-nudge-congress

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How Trump tried, but largely failed, to derail America’s top climate report – NY Times

Posted on January 8, 2021 by Al Bergstein

More fallout of the destructive force of Hurricane Trump. In this instance, scientists managed to hold off his flunkies from essentially gutting the report. As he leaves we can only look forward to rebuilding this nation’s science credibility world wide. Why is this important? Because the output of this report guides decision making for years to come.

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EPA Finalizes rule to limit science behind public health standards – WA Post

Posted on January 5, 2021 by Al Bergstein

As the Trump Administration burns all it’s bridges behind them in a scorched earth environmental policy, the latest outrage is the long anticipated culling of real science behind future decisions to protect our food, water or air. Or perhaps you would rather ignore the findings of scientists that don’t agree with your company’s toxic product. Wonder how they will do it? Read the article referenced below. The Biden administration will have it’s work cut out for it reversing these disastrous acts.


The Environmental Protection Agency has finalized a rule to limit what research it can use to craft public health protections, a move opponents argue is aimed at crippling the agency’s ability to more aggressively regulate the nation’s air and water. The “Strengthening Transparency in Regulatory Science” rule, which the administration began pursuing early in President Trump’s term, would require researchers to disclose the raw data involved in their public health studies before the agency could rely upon their conclusions. It will apply this new set of standards to “dose-response studies,” which evaluate how much a person’s exposure to a substance increases the risk of harm. Juliet Eilperin and Brady Dennis report. (Washington Post)

EPA finalizes rule to limit science behind public health safeguards

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Hotly debated national permit for shellfish farms could be passed to Biden Administration – Puget Sound Institute

Posted on January 4, 2021 by Al Bergstein

This is an important article to help one understand the forces at play over this issue. The Army Corp of Engineers current proposal, described in this article, would lead to more destruction of the remaining virgin bays it wants for commercial activities and likely lead to ever more lawsuits. The Corps and the industry are in this mess because a group challenged the Corps and unearthed the fraud behind the science they have been putting out for decades. Now we hold our breath and see if we get a push into the next administration for update to the process, but will they send it back for changes or approve it to get the industry back working?

But as they leave, the wrecking crew of the Trump administration is doing it’s best to destroy any and all environmental protections.

Legal protections for marine shorelines, streams and wetlands could be revised just before President Trump leaves office, as the Army Corps of Engineers updates 52 “nationwide permits” that allow for a variety of water-related projects. …”Another growing concern is the effect of shellfish operations on spawning habitat for so-called forage fish, considered critical to salmon and other important species”, said Laura Hendricks, executive director of the Coalition to Protect Puget Sound Habitat. Two key species, surf smelt and sand lance, spawn in the intertidal area where shellfish grow and where activities can affect their populations, she said.

Hotly debated national permit for shellfish farms could be passed to Biden administration | Puget Sound Institute

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Climate Action for Christmas? Omnibus bill includes biggest policy shift in years.

Posted on December 24, 2020 by Al Bergstein

Good news being reported by NPR. This blog will check into the details and come back with a more comprehensive overview later.

“The massive spending package just passed by Congress includes the most significant climate legislation in more than a decade, along with significant changes in energy policy. It was easy to miss, nestled among pandemic relief payments, the annual spending bill, new Smithsonian museums and protection from surprise medical billing. But pull out the energy provisions alone, and the bill is remarkable: It includes $35 billion in funding for basic research, extensions of tax credits for renewable energy companies, and a long-delayed mandate to reduce the use of a particularly damaging greenhouse gas. The fact that Congress managed to pass climate legislation at all is noteworthy in and of itself. For years, thanks to gridlock and an administration actively hostile to climate action, legislators have struggled to set new climate policy, even on measures that enjoy widespread bipartisan support. Camila Domonoske & Jeff Brady report. (NPR)”


Climate Action For Christmas? Omnibus Bill Includes Biggest Policy Shift In Years

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The Nestucca: How a devastating event shaped today

Posted on December 24, 2020 by Al Bergstein

The Nestucca disaster changed the way that Washington State and BC handles oil spill prevention. Can it protect us from another failure? It’s sometimes hard to know. With more Bakken Crude planning to be shipped by the hundreds of tankers through our Strait, it’s at least good to know that we have some minimal standards that have carried us through to today. Also worth remembering is that the Dalco Passage spill near Tacoma that was as bad as it was because the Coast Guard couldn’t be bothered to get out of bed in the middle of the night when oil was observed. This is article is a good reminder that an ounce of prevention is worth a pound of cure.

“In 1988, an oil spill from the barge Nestucca resulted in one of the largest, most damaging environmental incidents in the history of Washington. But the knowledge gained from the spill also led to dramatic change in oil spill regulations, prevention methods, and response tactics that have maximized environmental protection. (WA Dept of Ecology)”

The Nestucca: How a devastating event shaped today

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New whale-watching licensing system will reduce noise, disturbance of orcas.- KNKX

Posted on December 21, 2020 by Al Bergstein

Good news, it appears.


State officials have approved new rules that limit whale watch boats to a three-month season for viewing Puget Sound’s endangered killer whales. They will only be allowed from July through September. The boats may only be near the endangered orcas twice a day — two hours in the morning and two hours in the afternoon. And only three boats at a time near a group of the southern residents. Bellamy Pailthorp reports. (KNKX)

New whale-watch licensing system will reduce noise, disturbance of endangered orcas

Filed under: Around the Salish Sea, Environmental Protection, Orcas | 1 Comment »

Lawsuit launched over stalled habitat protection for endangered west coast orcas

Posted on December 17, 2020 by Al Bergstein

It’s about time, the Trump administration has been stalling long enough.


The Center for Biological Diversity filed a notice of intent to sue the federal government today [12/16] for its failure to finalize expanded habitat protections for critically endangered Southern Resident killer whales, whose population has dipped to just 74 orcas. The National Marine Fisheries Service proposed designating 15,627 square miles of new critical habitat in September 2019. The rule would expand current protections in Washington’s Salish Sea south along the coasts of Washington, Oregon and California to Point Sur. The proposed rule followed an April 2019 court-ordered agreement after the Center sued the Trump administration in 2018 for failing to issue habitat protections required by the Endangered Species Act. The Act requires agencies to finalize proposed rules within one year. Today’s notice letter gives the Fisheries Service 60 days to comply. (Center for Biological Diversity News Release)

Lawsuit Launched Over Stalled Habitat Protection for Endangered West Coast Orcas

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Inslee proposes his latest climate-change budget. Seattle Times

Posted on December 17, 2020 by Al Bergstein

Gov. Jay Inslee Tuesday unveiled a new climate-change package that includes a renewed push for a clean fuels standard and capping some greenhouse-gas emissions. Other proposals would further electrify Washington’s ferry fleet and reduce the carbon footprint of buildings, according to Inslee, and bring equity into environmental policy.Inslee’s plan comes as part of his new two-year budget proposal, and as lawmakers prepare to convene in January for the 2021 legislative session. Joseph O’Sullivan reports. (Seattle Times)

https://www.seattletimes.com/seattle-news/politics/inslee-proposes-his-latest-climate-change-package-as-part-of-washington-budget-proposal/

Filed under: Environmental Law, Environmental Protection, Government, legislation, Puget Sound | 3 Comments »

Victoria and surrounding municipalities are no longer dumping untreated sewage into the ocean. Vancouver Sun

Posted on December 17, 2020 by Al Bergstein

It’s about time…

Horgan replied that it took “an awful lot of people over an awful lot of decades, but we finally did the right thing.”

https://vancouversun.com/news/local-news/i-was-wondering-why-the-water-looked-so-clean-victorias-sewage-treatment-plant-up-and-running

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Partnership puts pressure on DNR for expansion of Dabob Bay Natural Area – PT Leader

Posted on December 11, 2020 by Al Bergstein

Trying to finalize the protection of the Toandos Peninsula. This is currently the largest conservation project in East Jefferson County.

Conservation groups, Tribes, community members and shellfish farmers are banding together to press the state to expand the Dabob Bay Natural Area.

If approved, the expansion of the protected lands on the Toandos Peninsula would be the preserve’s third since 2009.   

In a letter addressed to Washington Commissioner of Public Lands Hilary Franz, the consortium — spearheaded by the Northwest Watershed Institute — called for an expansion of the southern boundary of the Dabob Bay Natural Area to include a series of recently-discovered rare forests. 

Partnership puts pressure on DNR for expansion of Dabob Bay Natural Area | Port Townsend Leader (ptleader.com)

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