Jamestown S’Klallam propose a commercial aquaculture operation at Point Hudson

The Jamestown S’Klallam Tribe is proposing a commercial aquaculture operation at Point Hudson. The Tribe is asking the port to allow them to put in a FLUPSY, a device to create an upwelling of water to help young oyster spat.

The meeting with the Port Commissioners to discuss this proposal is online on WEDS. SEPT 23rd at 5:30 PM.

Zoom instructions and agenda are here: https://portofpt.com/event/regular-business-meeting-2-2020-04-22-2020-09-23/

While on the surface this seems benign, it has raised a number of issues that Karen Sullivan, who has a boat in Point Hudson, researched. The following information comes from a letter she wrote the Port Commissioners. The questions are quite intersesting in that they raise issues that many of us might not think to raise. One example is the Wooden Boat Show. Here’s all of the letter. Draw your own conclusions. Zoom in on Wedsnesday if you have comments. Will likely be earlier on the agenda. It’s the first major order of business after the introductory issues.


To:  Port of Port Townsend 

From:  Karen Sullivan and James Heumann, Port tenants 

Date:  September 21, 2020 

Subject: Concerns about proposed commercial aquaculture operations in Point  Hudson Marina 

We are writing to express our concerns about the proposal to establish oyster  aquaculture operations at the Point Hudson Marina. It was surprising to see this potentially controversial item listed so ambiguously on the Port’s agenda for the  September 23 meeting: “Jamestown S’Klallam presentation: FLUPSY and upland use  at Point Hudson.” 

How many of the Port’s constituents would know that a FLUPSY is a Floating  Upweller System, and how many would recognize it as an in-water aquaculture  project? Use of a cute, innocuous-sounding acronym with reference only to upland activity requires readers to know what a FLUPSY is, downplays its potential impacts,  and fails to acknowledge potential public interest. Without public scrutiny, project approval would fail standards of fairness, impartiality, and prevention of conflicts of  interest. The Jamestown S’Klallam Tribe said it is working with the Port; now the  Port needs to work with the public.  

Our concerns include environmental, financial, social, procedural and legal  compliance issues. We believe these and other questions and concerns must be fully  answered before the Port can approve such a project. 

1. Size and impact of floats/barges: Currently, an oyster spat-raising operation by  the project proponent exists at the John Wayne Marina. These “floats,” which are  also called barges, are not “small” as is claimed in news accounts. A Google Earth  screen capture shows their placement and size at that marina. They are much larger  than any of the surrounding boats. 

2. Noise/smell: The paddlewheel in the right photo above is the mechanism for  producing upwelling in these barges. We are concerned about levels of noise and/or  smells from operations in close quarters with marina tenants. 

3. Wooden Boat Festival: Point Hudson is a small and very popular harbor  destination, not to mention the home of the Wooden Boat Festival, so the impact of  one or more FLUPSYs on available slip space as well as on the Wooden Boat Festival is likely to be disproportionately large. It also raises more questions: 

Would these barges remain in place during the Wooden Boat Festival? 

If so, how would matters of public safety and liability be handled with the  large crowds we get at the festival? 

What would be the financial and/or other impacts to the festival of lost  berthing space? Have festival organizers been consulted? 

4. Marina/tenant concerns:  

What is the cost-benefit of reducing slip space for boats whose owners  patronize local businesses, for the sake of a commercial tenant whose  operations do not benefit and may even harm the local community?  

What hazard and liability assessments have been done for scenarios in which  a storm breaches the weakened Point Hudson jetty and large waves enter the  marina? What protections are proposed or in place for potential damages? Could the Port be sued for damages by the project operators? 

How often is the spat harvested? It is our understanding that large semi trucks are needed in order to deliver the oyster seed and to transport the  harvested product. What disruptions can be expected to the marina’s docks  and/or parking or walking access? Where does the Port propose to park  these trucks in a marina already squeezed for space?  

It’s our understanding that the tanks are brightly lighted 24/7. How could  this not impact marina tenants and Northwest Maritime Center activities? Residents of Quilcene Bay have complained about glaring night lights from an  oyster operation that have driven herons and eagles from their roosting  trees.  

5. Spat or adult oysters? Another concern is the wording in the Peninsula Daily  News article, “When the oysters are mature enough, they will be relocated to  another facility.” That facility is not named. But because the article also states the  oysters would be sold in the proposed Point Hudson commercial store and bar, it  means they could be raising the oysters here and not relocating them. We are  concerned about the possibility of commercial feed being used if the latter scenario is accurate. Ecosystem effects of raising oysters to maturity, including using  commercial feed in such an enclosed space as Point Hudson harbor, would be far  more impactful. 

6. Consultation with agencies: With the slip-filling size of these semi-permanent  barges comes additional shading of the seabed, something that for dock  construction triggers permits. Being semi-permanent as opposed to the smaller  transient vessels, barge-sized shading impacts to the seabed would be more like  those of docks. Permits generate consultation with state or federal agencies.  Consultation with either one triggers a public process such as an Environmental  Assessment or Environmental Impact Statement under State or Federal  environmental policy laws. Federal funding also triggers this, and according to the  Tribe’s 2017 Report to Tribal Citizens, federal funding was used to purchase FLUPSYs. In cases where the federal nexus is present, the Bureau of Indian Affairs is  obligated to prepare an Environmental Impact Statement or an Environmental  Assessment. A public process with adequate comment periods would be proper and  necessary. 

7. EIS or EA required: Given the wide array of concerns along with the federal  nexus mentioned above, it would appear that this project cannot be said to have no  significant or cumulative impact on the quality of the human environment;  therefore, it would require an Environmental Impact Statement or Environmental  Assessment under the National Environmental Policy Act (NEPA). 

8. Discharge of waste into water: Washing the tanks after spat is harvested would  discharge waste materials into marina waters. This is a “discharge into waters of the  United States,” meaning that whether or not it falls into the category of point- or  nonpoint source pollution, it would trigger the need for a permit and monitoring  under the Clean Water Act.  

9. Historic Preservation conflict: In February 2020, the Port met with  representatives from the Washington Trust for Historic Preservation to discuss  preservation of the historic Point Hudson Marina and its surrounding buildings. The  purpose of a partnership agreement between the two agencies was to “…work  together to maintain Point Hudson’s historic waterfront character.” How do  commercial aquaculture operations fit into such plans for a seaport city with a  National Historic designation that is world-renowned for its traditional maritime  character? Is it worth it for the Port to make such a radical change in community established purposes for Point Hudson? 

10. National Historic Preservation Act issues: In keeping with the  aforementioned concern, there should be a formal consultation under authority of  the National Historic Preservation Act. 

11. Leased building purpose: What is the nature of the proposed leased building  operations beyond an “oyster bar,” and would it include any processing operations and/or storage of equipment, live product, chemicals, hazardous materials, or would  it house non-food-bar related activities? We are concerned that if chemicals are to  be stored on premises and were spilled, that potential environmental non compliance issues could shut down neighboring business such as Sea Marine. 

12. Partners with Cooke Aquaculture: The Jamestown S’Klallam Tribe is in  business partnership with Cooke Aquaculture, whose operations have been  problematic to the environment and the subject of state shutdowns and litigation.  We are concerned about the possibility of the Jamestown S’Klallam Tribe running or  expanding its aquaculture operations at Point Hudson in concert with a company  whose stewardship for the environment has been questionable. 

13. Oyster aquaculture not harmless: The negative effects of oyster aquaculture,  including the raising of seed or spat, are well known. Oyster spat operations pull  nutrients from the water including nitrogen; nutrient removal can have a  detrimental effect on eelgrass beds. Port Townsend uses buoy markers to  discourage anchoring in its eelgrass beds. We are concerned about harm to these  ecologically important eelgrass beds. 

14. Paying bills on time? Conversations with the marina manager at John Wayne  reveal that the Tribe has sometimes delayed payment for moorage as much as six or  more months. This seems like a high risk for little benefit.  

Thank you for your attention to these matters. We write because we care about  maintaining the traditional maritime values of Point Hudson and the health of our  marine environment. We cannot see how the proposed project would be compatible with either. 

Sincerely, 

Karen Sullivan and Jim Heumann

WA Dept of Ecology approves expansion of Navy war games activity with conditions

The Washington State Dept of Ecology has allowed the Navy to continue harrassing marine animals as they have for decades. Is it any real wonder why our Orcas are in serious decline? The death of a thousand cuts. Won’t it be a great day when we value our environment more than our military industrial complex? As if we weren’t outspending all other countries. Let’s quickly review before reviewing what the state has allowed:

The U.S. spends more than 144 other countries combined. And the U.S. spends more than the next seven countries combined.

https://www.nationalpriorities.org/blog/2019/07/18/us-spends-more-its-military-176-countries-combined/

And what does the Navy wants to do in the areas where the dwindling number of Orcas live?

• Torpedo Exercise (non-explosive; Unmanned Underwater Vehicle Training)
• At-Sea Sonar Testing
• Mine Countermeasure and Neutralization Testing
• Propulsion Testing
• Undersea Warfare Testing
• Vessel Signature Evaluation
• Acoustic and Oceanographic Research
• Radar and Other Systems Testing;
• Simulant Testing – Dispertion of chemical warfare simulation.
• Intelligence Surveillance, Reconnaissance/Electronic Warfare Triton Testing

And what does Ecology want them to do to “mitigate the possible ‘taking’ (meaning harrassment or otherwise disturbing) of 51 Orcas’ which is what the Navy themselves says might happen? Here is a partial section of the document.

Any marine mammals exposed to sonar or other acoustic effects outside of the coastal zone are not likely to remain affected if the animal were to return to the coastal zone, because the vast majority of predicted effects are temporary effects to behavior, which would no longer be present when the animal is in the coastal zone.

Active sonar is required for this activity and may result in a wide range of effects from injury to behavioral changes to loss of hearing, and depends on the frequency and duration of the source, the physical characteristics of the environment, and the species (among other complex factors).

Explosives are required for this activity. The use of explosives could result in a disturbance to behavior, or lethal or non-lethal injuries (quantitative analysis done for this activity did not predict any lethal injuries for marine mammals). Most explosives would occur in the water column, minimizing effects to habitat.

Ecology and other Washington State officials and resource agencies are concerned that, without Ecology’s conditions, the Navy’s activities will have significant long-term effects on Washington coastal resources. Given the numerous marine animals and other resources that are likely to suffer the effects from the Navy’s new activities compounded by previously authorized activities,

Ecology is highlighting the effects to the Southern Resident orcas and other large cetaceans. As described in the CD, the Navy’s
mitigation measures are insufficient to provide necessary protections to the vulnerable, declining populations of key marine mammals, particularly Southern Resident orcas, of Washington’s coastal zone and lead to the conclusion that conditions are necessary to alleviate adverse effects.
Ongoing Naval exercises in the air and water around Washington pose a serious threat to Southern Resident orcas, and the impact of new and expanded activities will further threaten this vulnerable
population. Ecology’s conditions will help minimize the threats to these animals. An icon of the Pacific Northwest, Southern Resident orcas have captured the hearts of Washington’s residents, citizens, and
visitors and hold significant cultural value for Washington’s tribes. With the apparent loss of three whales last summer 2019, Southern Resident orcas appear to have a population of just 73 whales—the lowest population level in more than 40 years. Given this declining population, the loss of even one more whale could greatly undermine recovery efforts for decades. The most up-to-date information on the Southern Resident orca population, must be relied on, and assessments of impacts must be based on current data, which projects the existing population of 73 whales. Thus, the potential harm of the Navy’s activities on this vulnerable population
has been underestimated. With such a small and shrinking population, the impact of each take is amplified within the population.


The Navy’s actions could result in a total of 51 annual “takes” a year of Southern Resident orcas in the form of Level B harassment. Given the imperiled nature of this population, this number of takes threatens a significant impact on the population from the Navy’s training and testing activities.

Furthermore, these take numbers do not account for the fact that Southern Resident orcas generally travel in pods and thus likely underestimate the potential adverse impact to this precarious population since activities could impact multiple animals at once. Additionally, three orcas appear to be carrying young, which makes them more vulnerable, as well as their future calves.

The cumulative impact of repeated exposures to the same whales over time needs to be seriously considered, and Ecology’s conditions can address these impacts. The Navy’s testing and training activities have already been authorized twice before, and are likely to continue into the future.
According to the Washington Department of Fish and Wildlife, “Due to the longevity of Southern Resident orcas and the estimated percentage of take for the population [being] so high (68%), the effects of take will be compounded over time and may have cumulative effects, such as behavioral abandonment of key foraging areas and adverse, long term effects on hearing and echolocation.”

Instances of temporary hearing loss, such as the Temporary Threshold Shifts (TTS) can be cumulative and lead to long-term hearing loss. This could have a significant impact on Southern Resident orcas,
which rely on hearing for communication, feeding, and ship avoidance.

In addition, Level B Harassment can disrupt “migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered,” all behaviors critical to survival of the Southern Resident orcas. Given the many stresses already faced by
this endangered population, repeated harassment on this scale could be significant and even lead to mortality.


The Navy’s use of mid-frequency sonar can impact wildlife within 2,000 square miles and mine explosives can cause death or injury. Although these activities may affect a wide range of marinemammals, the potential impact of these activities on endangered Southern Resident orcas is of
particular concern, given their dangerously low population size. This is the third consecutiveauthorization period during which the Navy may be approved for such testing and training exercises andthese or similar activities are likely to continue for decades. For long-lived marine species, the effects oftake will be compounded over time and may have cumulative effects, such as behavioral abandonment of key foraging areas and adverse, long-term effects on hearing and echolocation. Again, the Navy finds
these effects of minor significance, a finding with which Ecology disagrees.
Gray whales are currently undergoing an unexplained die-off leading to 352 strandings between January 2019 and July 2020, including 44 strandings along the coast of Washington alone. NOAA is investigating the die-off as an Unusual Mortality Event. While it is not clear what specifically is driving this event, many animals show signs of “poor to thin body condition.”

Because the cause of the Unusual Mortality Event is unknown, the Navy cannot cite an increasing population and then assert that its activities for a
seven-year period are insignificant because the health of the gray whale population could decline.


For several species, including harbor seals, Dall’s porpoise, and harbor porpoise, the Navy’s near constant harassment every year for a seven–year period could significantly damage the population of those species. For example, the Navy’s proposal could lead to a take 30 times the abundance of the Hood Canal population of harbor seals every year, 3,084 percent of population abundance, and similarly authorizes high levels of takes for Southern Puget Sound harbor seals (168 percent of population
abundance). This high level of take could lead to interruptions in foraging that could lead to reproductive loss for female harbor seals. However, there is no analysis regarding how this harassment and loss of reproduction could affect the population as a whole, beyond an assertion that these impacts “would not be expected to adversely affect the stock through effects on annual rates of recruitment or survival.”


The rates of take for populations of Dall’s porpoises (131 percent of population abundance) and the populations of harbor porpoises on the Northern OR/WA Coast (244 percent of population abundance)
and in Washington Inland Waters (265 percent of population abundance) are also exceptionally high.

These porpoises are particularly vulnerable to the impacts of anthropogenic sound. This level of take could also lead to reproductive loss.
The leatherback turtle is classified as endangered under the ESA and has Critical Habitat designated within the Study Area. The western Pacific leatherback sea turtle populations are particularly at risk, and
the SEIS states that (the effort to analyze population structure and distribution by distinct population segment…) is critical to focus efforts to protect the species, because the status of individual stocks varies
widely across the world. Western Pacific leatherbacks have declined more than 80 percent and eastern Pacific leatherbacks have declined by more than 97 percent since the 1980s. Because the threats to these subpopulations have not ceased, the International Union for Conservation of Nature has predicted a decline of 96 percent for the western Pacific subpopulation.”

https://apps.ecology.wa.gov/aquatics/decisions/

Trump to withdraw polarizing nominee to lead Bureau Of Land Management -NPR

Public pressure works.


Amid pressure from Democrats and some Republicans, the Trump administration is planning to withdraw its controversial nominee to head the federal Bureau of Land Management. The sprawling public lands agency, which manages roughly a tenth of the landmass of the United States, has not had a permanent, Senate-confirmed director for the entire Trump era. The nominee, William Perry Pendley, has been leading the agency since last August through a series of controversial continued appointment extensions. Prior to coming to Washington, D.C., the Wyoming native had spent much of his career at the conservative Mountain States Legal Foundation challenging the very agency he now leads. Kirk Siegler reports. (NPR)

Trump to withdraw polarizing nominee to lead Bureau Of Land Management

Meet and Greet Sierra Club’s Endorsed Candidate for County Commissioner, Lorna Smith, July 14, 5PM

Sierra Club holds virtual meet and greet for Lorna Smith.

 

Lorna Smith has been an environmental activist since the late 1970s, and worked with prominent conservationists to establish a National Wildlife Refuge on Protection Island. She has made climate change one of her top priorities. She is a strong supporter of the County’s Comprehensive Plan and adopting a stronger Shoreline Management Program. She opposes plans to transport Canadian tar sands oil through our waters that will increase tanker traffic ten-fold and greatly increase the risk of oil spills. In her role as a planning commissioner, she has always put environmental considerations first and has opposed ill-conceived projects that negatively impacted communities and the environment. She has extensive experience building coalitions and seeking collaboration based on a lifetime of experience in government, NGO’s, and community groups, and through her extensive research on particular projects she has been able to convince decision makers to support her positions.  We believe this background and experience lends itself particularly well to this uniquely challenging period as we face the twin tasks of addressing disruptions caused by both the pandemic and climate change.

Meet Lorna on Zoom, Tuesday July 14 at 5PM

 

Join Zoom Meeting Link:

 

https://us02web.zoom.us/j/81131568159

 

Meeting ID: 811 3156 8159

One tap mobile

+12532158782,,81131568159# US (Tacoma)

+16699006833,,81131568159# US (San Jose)

The Sierra Club has endorsed Lorna Smith for Jefferson County Commissioner

Lorna Smith has been an environmental activist since the late 1970s, and worked with prominent conservationists to establish a National Wildlife Refuge on Protection Island. She has made climate change one of her top priorities. She is a strong supporter of the County’s Comprehensive Plan and adopting a stronger Shoreline Management Program. She opposes plans to transport Canadian tar sands oil through our waters that will increase tanker traffic ten-fold and greatly increase the risk of oil spills. In her role as a planning commissioner, she has always put environmental considerations first and has opposed ill-conceived projects that negatively impacted communities and the environment. She has extensive experience building coalitions and seeking collaboration based on a lifetime of experience in government, NGO’s, and community groups. We believe this background and experience lends itself particularly well to this uniquely challenging period as we face the twin tasks of addressing disruptions caused by both the pandemic and climate change. For more information about Lorna Smith, visit her website:

Lorna Smith for Commissioner – Jefferson County, WA

 

US Senate Passes Funding Boost To Conservation Fund, Help For National Parks – OPB

Jefferson County Wally Bowman Bridge Photo by WA State Land & Water Cons

Thanks to Maria Cantwell and many others who have been fighting for this funding for a long time. As many of you long time readers will know, this has been a battle that has seen funding for local conservation districts threatened. The funds for these are applied locally, in efforts that help local farmers and environmental efforts that are determined by the local population.

 

The U.S. Senate on Wednesday passed a bill that would further protect public lands and recreation across the country. The legislation would also help relieve a massive maintenance backlog on federal lands.

Washington conservation groups say this funding will help promote access to nature across the state.

This blog reported on the Republicans defunding of this crucial program back in 2015. It was led by Utah Representative Rob Bishop.  Thankfully for the country, he is retiring from the Congress this fall and running for a Utah state position.

https://olyopen.com/2015/10/05/republicans-kill-the-land-and-water-conservation-fund/

I stated then

The LWCF state assistance program provides matching grants to help states and local communities protect parks and recreation resources. LWCF funding has benefited nearly every county in America, supporting over 41,000 projects. From building hiking and biking trails, to improving community parks, playgrounds and ballfields, this 50:50 matching program is the primary federal investment tool to ensure that families have easy access to public, open spaces.

I also stated that:

Closer to home, here on the Olympic Peninsula, this program has funded, over the last 50 years, the Bogachiel River Boat Launch repair, maintenance at Clallam Bay, Clallam Bay Spit development, Freshwater Bay development, Snow Creek Renovation, Salt Creek County Parks renovation, and the Shane Park Playground in Port Angeles. Remember, Clallam County usually votes Republican, and this is what you are getting folks for your support of that party, which now controls the purse strings at the Federal Level.

In Jefferson County, Fort Worden State Park was funded with over $156, 000, The Hoh River Boat Launch, Kai Tai Park, Fort Worden Breakwater, and the Point Whitney (south in the county on Hood Canal) acquisition all were supported by funding from this program. You can find the entire list of funded projects here: http://www.nps.gov/lwcf/index.htm

What did Congress want to use the funds for? They want to give this money to the oil and gas industry for employee training. You read that right. They want to give the money to private enterprises to offset their employee training, which will make them more profitable by not having to spend that money themselves.

Read the whole story here.

https://www.opb.org/news/article/us-senate-funding-bill-conservation-fund-national-parks/

If you are curious about the details of this little known governmental effort, see this webpage.

https://rco.wa.gov/grant/land-and-water-conservation-fund/

 

New investments save dynamic coastal wetland habitat – Washington DOE

And more good news. State and local partners secure $5 million in federal conservation grants.

The Department of Ecology is delighted to announce we have secured seven National Coastal Wetlands Conservation grants worth more than $5 million. The 2020 federal grants will help our local partners restore and enhance nearly 500 acres of coastal wetlands and 17,500 feet of marine shoreline in Jefferson, Kitsap, Snohomish, Thurston, and Whatcom counties.

Discovery Bay Acquisitions ($713,268)  —working in partnership with Jefferson Land Trust to acquire and conserve 9 acres of critical wetlands and nearshore habitat in Discovery Bay in Jefferson County, including nearly 2,173 feet of Puget Sound shoreline. The project will conserve degraded and filled estuary and nearshore habitat and preserve a rare intact pocket estuary that provides high-functioning salt marsh habitat in the Discovery Bay area.

Tarboo Creek Wetlands Acquisition and Restoration ($508,000) — in close coordination with the Northwest Watershed Institute we will help permanently protect and restore 14.5 acres of wetlands on three adjoining parcels along Tarboo Creek in Jefferson County that drain directly to Tarboo-Dabob Bay and Puget Sound.

Misery Point Habitat Acquisition ($1 million) — this collaborative project with the Great Peninsula Conservancy will preserve 20.7 acres and approximately 3,500 feet of Hood Canal and barrier lagoon shoreline in Kitsap County. The property contains a 1,600-foot sand spit that shelters a 3-acre tidal lagoon, important refuge habitat for juvenile salmon and waterfowl.

https://ecology.wa.gov/Blog/Posts/April-2020/New-investments-save-dynamic-coastal-wetland-habit

A real time global warming experiment

We have entered totally uncharted territory lately, as we all know, due to a virus that may or may not have started in a wet market in a Chinese city most of us have never heard of before this event.  We had been warned about viruses becoming more frequent as global warming accelerates.  and also here. (https://www.livescience.com/55632-deadly-diseases-emerge-from-global-warming.html)

Our current President has dismissed science, the scientists  that could have helped prevent it, the budget for them, our global alliances that we rely on for support and almost any mention of a science based approach. We have one of the most ignorant men of the modern era leading us at the most important time of the last twenty years. Those that elected him were fools then and now will likely follow him into the hospital as they listen to his lies and misinformation. Many innocent people will die from this. We are in free fall and are racing to find a way to stop the pandemic. Most likely we will, but at what cost?

I have been busy setting up remote at-home workstations for clients, complete with video conferencing, using the remote access tool TeamViewer. (highly recommended). So I apologize for not having kept up on this blog, which so many tell me they rely on for local environmental news. It’s been amazing to watch as people who have resisted virtual communications as it has grown, suddenly find themselves needing to become proficient with it to survive. People can change when they have to. It’s a lesson worth noting as we face the future.

The only good news out of all of this, is that we are seeing in real time, what the Green New Deal may have accomplished on a orderly basis, which is the radical slowing of our green house gases into the environment. Certainly there will still be coal fired electrical generation happening, but with the vast bulk of petroleum based engines being idled, we will gain some insight into what it means to stop oil use globally.

We can now watch, in real time, as we see how much impact a major shift away from oil will have. I’m looking forward to seeing the data.

I’m still hopeful. As Mindy Lubber, the CEO of Ceres, a sustainability non profit organization said in a recent Forbes article,

One thing that history has shown us is that a crisis can produce real change. The power of collective action will become evident. True leaders will emerge. The impossible will become inevitable. Innovative ideas and policy solutions will take hold, save lives and eventually get the economy back on track.

https://www.forbes.com/sites/mindylubber/2020/03/26/coronavirus-climate-change-and-our-community/#2d4b2fa84f78

Stay strong, get out and get a walk. Protect yourself and stay healthy. We’ll need all of us after this is over to move back into real change for the next crisis that our warming world is creating.

 

New Jefferson County Shooting Range Ordinances Passed

From the Tarboo Ridge Coalition today

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

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

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

Lobby Day (again!)

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

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

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

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

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

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

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


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

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

During lobby day, you will team up with other activists to speak up for the environment and gain the skills to be a persuasive constituent. You’ll have the opportunity to attend issue briefings, learn how to lobby, hear from environmental champions, attend breakout sessions, and meet face-to-face with your elected officials to advance the Environmental Priorities Coalition’s 2020 priorities.

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

Registration required. Schedule TBA.

Check out the video from 2019 Environmental Lobby Day!

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

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

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

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

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

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

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

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

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

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

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

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

The Battle Over Fish Farming In The Open Ocean Heats Up, As EPA Permit Looms – OPB

The Feds look to open up aquaculture into the open ocean. While this project is in the Gulf of Mexico, the threat to us here is very real. After watching the incredibly incompetent way that our legislators allowed the industry in this state to function with virtually no over-site because they fashioned the laws back in the 70s/80s to split enforcement  between two different government agencies (Department of Ecology and DNR) ending in the disastrous blow out of the Cypress Island pens. This finally led to regulation and a shutting down of the industry in this state, and we will never know the true cost of what allowing these pens into our waters meant to our endangered salmon. Old timers I interviewed talked of how wild runs collapsed in the Agate Pass area after the pens went in to the south side of Bainbridge Island. They suspected the wild fish were somehow compromised by the pens. While many other issues were simultaneously showing-up, rampant development, over-fishing in the Strait, etc. the old timers thought the timing highly suspicious. Now this. Whatever could go wrong?

States control up to three miles offshore from their coastlines, but between three and 200 miles falls under federal control. Attempts to introduce aquaculture in federal waters have so far been stymied by concerns about aquaculture’s impact on ocean ecosystems and wild fisheries.

https://www.opb.org/news/article/npr-the-battle-over-fish-farming-in-the-open-ocean-heats-up-as-epa-permit-looms/

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

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

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

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

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

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

Click to access cwa401certification_2060-af86_nprm_20190807_prepublication_version.pdf

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Less overfishing, more overfished: NOAA report reveals environmental impacts to stocks

The toll to the fisheries of the Northwest is included in this report. While fisheries in general seem to be harvested at “sustainable” levels, a number are not, and some it is, as usual, the result of international fleets not adhering to sustainable harvests. A caveat to all this is that given the current administration and it’s habit of misrepresenting facts to fit their goals, suspicion of these findings might be normal. Research shows that the an in charge of this report has been a long time NOAA sustainable fisheries expert, and was originally put in a leadership role after a scandal of his managers from the Bush Administration. It appears he and his data are trustworthy. If you have any issue with this data, please let me know and some facts to support your position.

The 2018 NOAA report on the status of U.S. fisheries has been released, and reveals that environmental factors are having the most impact on stocks that are overfished.

The report, which NOAA puts together every year, indicates that less species were subject to overfishing in 2018 than in 2017 – 28 versus 30 – a year that saw all-time low numbers of overfishing and overfished stocks. That means more than 90 percent of stocks are being fished at a sustainable level.

 

https://www.seafoodsource.com/news/environment-sustainability/less-overfishing-more-overfished-noaa-report-reveals-environmental-impacts-to-stocks?utm_source=marketo&utm_medium=email&utm_campaign=newsletter&utm_content=newsletter&mkt_tok=eyJpIjoiTkdWbVpERXdOakprTVdGaSIsInQiOiJXZ1dvRHJrZUI3MXNnNnhJXC9ET2VXS2did3dZeDZhbTQ0M2pyZ241RVhtcGtcLytGcllidlArYUNncTNXM0NINFo0cGNQdkJDZExmQ1VsbnJTT1ZxeFJQd0JhV2x1Q3VMUVlTS0xXUk1XMjBtbE1DU0RKQXROQ2J1MDVtVVQzUmtpIn0%3D

 

E.P.A. Plans to Curtail the Ability of Communities to Oppose Pollution Permits – NY Times

More work being done by the Trump Administration to limit citizens ability to appeal.

The Environmental Protection Agency is preparing to weaken rules that for the past quarter-century have given communities a voice in deciding how much pollution may legally be released by nearby power plants and factories. The changes would eliminate the ability of individuals or community advocates to appeal against E.P.A.-issued pollution permits before a panel of agency judges. However, the industrial permit-holders could still appeal to the panel, known as the Environmental Appeals Board, to allow them to increase their pollution. Coral Davenport reports. (NY Times)

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

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

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

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

The bills digest is as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

Environmentalists see key window of opportunity to help Orcas survive – KUOW

I have no idea whether these bills will  actually be enough to save the Orca, but they are progress. They represent thousands of hours of people’s work (many volunteering their time) to come up with solutions from their specific subject expertise.  They offer some hope but ultimately, the food is needed now. Time will tell whether 1579 will lead to behavior change in WDFW, but they are the ones that signed up for it.

Four bills making their way through the legislature seek to lessen the biggest threats facing the killer whales: water pollution and noise from boat traffic, dwindling salmon runs, and the risk of oil spills in the Salish Sea.
HB 1579, “Implementing recommendations of the southern resident killer whale task force related to increasing Chinook abundance,” which is expected to cost $1.1 million in 2019-2021.
HB 1578, “Reducing threats to southern resident killer whales by improving the safety of oil transportation,” which is expected to cost $1.4 million in 2019-2021 and over $2 million every two years after that.
SB 5135, “Preventing toxic pollution that affects public health or the environment,” which is expected to cost $1 million in 2019-2021.
SB 5577, “Concerning the protection of southern resident Orca whales from vessels,” which is expected to cost close to $1.6 million in 2019-2021. Anna Boiko-Weyrauch reports. (KUOW)

Environmentalists see key window of opportunity to help Orcas survive

Interior Secretary Nominee Gets Grilled On Ethics At Confirmation Hearing – NPR

The swamp monsters are still coming in to roost. An oil lobbyist with what appear to be zero scruples is being put in charge of our national parks and wild areas. Whatever could go wrong?

During a testy confirmation hearing on Thursday, President Donald Trump’s pick to be the nation’s largest land steward told senators that he would take steps to prevent conflicts of interest and to improve ethics guidelines at the Interior Department. A former lobbyist who represented oil and gas interests, David Bernhardt has been dogged by questions about his own ethics during his short run as the Acting Interior Secretary. Nathan Rott reports. (NPR)

Interior Secretary Nominee Gets Grilled On Ethics At Confirmation Hearing

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

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

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

Legislation to help endangered orcas keeps moving toward approval

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