Marlin Holden Walks On

Posted on December 5, 2025 by Al Bergstein
Marlin D. Holden October 2, 1942 – November 11, 2025

Jamestown S’Kallam elder Marlin Holden passed away peacefully at home on November 11th. Marlin was a former Tribal Council member during the incredibly important work that created the Tribe’s first Tribal Constitution in 1975. His work helped the Tribe get federal recognition, a reversal of the mark of shame on our country that negotiated the Treaty with the S’Kallam peoples and other Tribes in 1855. But there was so much more to this man.

Marlin’s heritage was a Northwest mix of Jamestown and Norwegian. His mother’s side of the family traced back through her parents, David and Elizabeth (Hunter) Prince, and he was the great-great grandson of Chief Chetzemoka, the signer of the 1855 Treaty of Point No Point. Marlin was very proud of this fact and felt his life needed to honor that legacy and also the future generations of the Tribe.

While you can find a full official obituary at this link, I want to focus on my experience being a filmmaker who worked with Marlin, and the friendship he and I had starting around 2010.

I met Marlin while filming the documentary “Voices of the Strait”, funded by the Puget Sound Partnership. The goal of the film was to interview people who had been raised and lived their whole lives on the Olympic Peninsula, and have them describe the changes to the environment that they had seen. Marlin was recommended to me as someone that was worth interviewing.

Marlin was a natural storyteller. By his own words, he never was a good reader, a fact he admitted to some laughter at a lecture he gave at the Centrum Writers Workshop one year. But Marlin had many great stories, and they often reflected the tribal worldview of being in touch with nature. I chose his story of two seagulls fighting over a piece of bait as the final word in Voices. When I heard it I instantly knew that it represented exactly the way to end the film on a positive and happy note. You can hear that segment here.

Marlin’s deep voice and commanding presence conveyed an authority. He was also a very deeply religious man. He not only strongly believed in his faith but gave an enormous amount of himself to his Tribe and community.

In his “retirement” he felt the need to honor the tradition of shellfish harvesting, and was very proud of his small allotment of beach in Sequim Bay where he harvested oysters. It was hard work and even as he turned 80 he was still out there, buckets, boots and shovel in hand. He refused any help to carry the heavy full buckets back to his pickup, laughing that it was his only form of exercise.

He also was a founding member of the Tribal Canoe Journey not only training crew and skippering the canoes, but in his later years would be part of the greeting ceremony on the beaches at Fort Worden and Sequim Bay. It was a task of great pride for him. He believed it was a way to help the younger generation focus on their heritage and avoid drugs and alcohol. Marlin knew full well what lay down that road for them, as he had been a correctional officer for the State and befriended many who were behind bars. He worked very hard to reach out to kids who were at risk, and help them find their way into the tribal circle. We often talked about the pain he felt when he would hear of a youth that was arrested for drugs, or one that had died in a car accident. The tribe is small enough that every single lost life is a major tragedy. Marlin felt those losses deeply.

He was incredibly proud of his life with his wife Patty, a nurse and master quilter who ran a “long-arm”in their home outside of Sequim. He would tell me the stories of them running short 3 and 5k runs in their sixties together. His small dog was always nearby when he was at home.

As we got to become friends after the filming of “Voices” he talked to me over coffee one day of how cool he thought it would be if there were films of the Tribes’ peoples harvesting the various natural resources back at the time of the Treaty signing. We discussed making a film that would be a snapshot of the current natural resource usage by tribal members, and I said I was excited to think about doing the project. He helped shepherd the proposal through the Tribal Council, insisting that I should be the filmmaker. Obviously, it was beyond an honor as many native filmmakers existed in the region he could have chosen. We scripted and he insisted on narrating “Treaty Resources”. The film can be viewed at the Jamestown S’Kallam library but the opening sequence is here.


Over the ensuing years I would get an occasional call from Marlin for help with his computer, since he admitted he was a luddite and did his best to get by with them, and we would go out for coffee and a chat every six months or so. Once I called asking to buy a bucket of his clams for a party we were hosting but he insisted on simply giving me two buckets. He would never take my money, even though he was giving up selling it to the restaurants he contracted with in the area. During the canoe journeys I would always swing down to the beach to say hi. I called him in late July but he never returned my call. I wondered if he was ok, as it was not like him to not call back, but forgot to get back to him to try again.

Marlin was one of the generation of Tribal peoples who fought against incredible odds to take back their rightful place in America and especially the Pacific Northwest. He told me of the green cards that the State required for Tribal members to carry to prove that they could legally fish, and how people like himself would sneek around these outrages carried out by the powers in Olympia and elsewhere that wanted to keep them in poverty and shame. He told me that his grandmother insisted that he not speak the S’Klallam language, likely for fear of him being taken to one of the notorious boarding schools. It was a very real concern as we all have found out. But he told me he was sad that he was not taught the language of his ancestors.

I will miss not hearing his booming voice and his hearty laugh over coffee or out at the beach digging for clams. But he and the others of his generation have taken the Tribe to a point of leadership and strength; in its restoration of fishing and aquaculture in the area, the financial strength of their various enterprises and healthcare center that they open to the county residents and many other accomplishments.

Marlin will sorely missed by his family and tribe. It was an honor to have called him a friend.

Filed under: First Nations, Olympic Peninsula | Tagged: , , , | 2 Comments »

“Fish War” is now available online

Posted on July 2, 2025 by Al Bergstein

There is so little real documentation of what happened in the 1960s and 1970’s known as the “fish wars” in the Pacific Northwest. Now a new documentary is out that I highly recommend. The Boldt Decision was perhaps one of the most important legal decisions of the 20th century. It re-established Treaty Rights in a totally new way that impacted tribes across the country and influenced indigenous leaders around the world.

The award-winning documentary FISH WAR, tells the story of tribes’ fight to secure their fishing rights — and the monumental Boldt decision that reaffirmed those rights — is available to buy. You can find the feature-length film on Amazon, Vimeo, Google Play, Apple TV+ and Fandango at Home here. 

Filed under: Environmental Law, First Nations, Olympic Peninsula | Tagged: , , | 2 Comments »

Cold Water Connection Campaign Reopens Rivers for Olympic Peninsula Salmon and Steelhead

Posted on April 29, 2025 by Al Bergstein

From a NOAA Press Release:

With $19 million in NOAA funds, nonprofit and tribal partners plan to remove 17 barriers blocking fish passage on critical spawning rivers originating in Olympic National Park, Washington.

The cold water rivers of Western Washington descend from the glaciers and snow-capped mountains of Olympic National Park. They hold some of the last, best freshwater habitat for salmon and steelhead in the lower 48 states. Despite a warming climate, their high-elevation headwaters are predicted to remain cool enough for salmon and steelhead for at least the next 50 years.

However, the region’s roads—some a legacy of the logging industry—crisscross the watersheds. They often force streams to flow underneath them through small, poorly designed tunnels called culverts that block fish passage. There are more than 4,000 culvert barriers on the Olympic Peninsula. Salmon and steelhead are often unable to reach the historical habitat they need to spawn and produce the next generation.

In response to declining fish populations on the Olympic Peninsula, NOAA’s Office of Habitat Conservation is supporting the Cold Water Connection Campaign. This partnership will reopen 125 miles of critical spawning and rearing habitat over the next 10 years. With $19 million in funds through the Bipartisan Infrastructure Law and Inflation Reduction Act, project partners plan to:

  • Remove 12 high-priority barriers in the Hoh, Quillayute, and Quinault watersheds
  • Finalize designs for 5 additional culvert replacements
  • Expand the ability of tribes to perform restoration work 
  • Inject money into the regional economy by hiring local and tribally owned contracting companies
  • Mitigate flood damage risks by installing culverts built to handle high flows from the region’s increasingly heavy rain storms

“We are running out of time to recover and protect these salmon and steelhead populations,” says Luke Kelly, Western Washington Program Director for Trout Unlimited. “We need to pull out all the stops now, so it’s been great to see all of our government, tribal, nonprofit partners, and private landowners coming together to get this done.”

Cold Water Connection Campaign partners include:

The campaign has support from local, state, and federal agencies including NOAA. In past years(PDF, 8 pages) project partners have also repaired instream and riparian habitat damaged by road building and destructive logging practices.

Also;a new short video looking at the Cold Water Connection Campaign on the Olympic Peninsula . It really celebrates the extensive work the partners have done to make sure they are prioritizing the most impactful barriers for removal, and the benefits this work provides to local communities above and beyond the important benefits to fish and coastal watersheds.

You can watch it here:  https://www.youtube.com/watch?v=9YhmFosupPM

Read the whole press release here before the Trump administration pulls it down:

https://www.fisheries.noaa.gov/feature-story/cold-water-connection-campaign-reopens-rivers-olympic-peninsula-salmon-and-steelhead

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Washington tribes seek to pause offshore wind development – Axios Seattle

Posted on July 30, 2024 by Al Bergstein

Axios Seattle is reporting that Washington Tribes under The Northwest Indian Fisheries Commission have asked for a pause in the planning for the offshore wind farms along the Washington coast while the tribes concerns are addressed. The Tribes are not asking for a total ban on the farms but have environmental concerns they say have not been addressed.

Worth noting is that the farms are in the very early stages of permitting by the Federal Government.

As Axios notes:

The Bureau of Ocean Energy Management has received two unsolicited lease proposals for offshore wind farms along Washington’s coast.

  • One, from Trident Winds, would cover an area of about 315 square miles about 45 miles off the coast of Grays Harbor and Pacific counties.
  • The other, from Hecate Energy, seeks to lease 403 square miles in a nearby area about 17 miles off the coast.

Both these farms are planning on wind turbines with virtually no impact on the visual look of the coast, but the concerns are more about their impacts on fishing and whales.

As stated in an earlier blog post, this blog along with the stated goals of the tribes in the article is to support wind energy projects, but “not on the backs of the tribes”. The assumption is that the wind energy companies can provide reasonable scientific backing for their proposals. The east coast has implemented wind energy farms much closer in than the proposed Washington coast project, with no signficant impacts. Some of the background on those efforts are found here:

BOEM Completes Environmental Analysis for Proposed Wind Project Offshore Massachusetts, Rhode Island, and New York | Bureau of Ocean Energy Management

Comparison of Environmental Effects from Different Offshore Wind Turbine Foundations (boem.gov)

The Institute for Energy Research does have this conclusion to the New England wind farms. It appears that high interest rates, which are impacting the sales of electric cars, are also impacting the implementation of wind energy. Note the concerns in bold:

While a few offshore wind projects have gotten off the ground and have started producing electricity, others have been canceled, often with developers occurring fines. Developers have canceled several projects along the East Coast, saying they were no longer financially feasible. Offshore wind projects have struggled to surmount rising construction and material costs, as well as serious manufacturing problems. In recent months, rising materials costs, high interest rates, and supply chain delays have prompted project developers to cancel or try to renegotiate power contracts for commercial-scale offshore wind facilities in the United States with operating start dates between 2025 and 2028. Offshore wind facilities are among the most expensive utility scale power projects under construction in the United States and would not have gotten off the ground without massive support from state and federal governments and pre-approved power purchase agreements. With the cancellations that have occurred, President Biden’s goal of 30 gigawatts of offshore wind capacity by 2030 is expected to be half that amount.

New England Is Moving Ahead with Offshore Wind Facilities, Despite Their Cost – IER (instituteforenergyresearch.org)

The wind farm built by Avingrid has started producing 68 Megawatts of power to Massachusetts since then.

A good scientific reearch paper on the subject was produced by Nature:

Reviewing the ecological impacts of offshore wind farms | npj Ocean Sustainability (nature.com)

Microsoft’s CoPilot produces this summary of it’s search on the topic:

Wind farms in New England, particularly offshore wind projects, have both positive and negative environmental impacts.

On the positive side, the development of the New England Wind lease area is projected to reduce carbon dioxide emissions by nearly 4 million US tons annually, which is equivalent to taking approximately 700,000 cars off the road each year during the lifespan of the project1. The New England Wind project is expected to generate up to 2,600 megawatts of electricity, sufficient to power more than 900,000 homes with clean renewable energy23.

On the other hand, there are potential negative impacts associated with the construction and operation of wind farms. These can include disruption to marine life during the construction phase, potential collision risks for birds and bats, and changes to the seascape that can impact tourism and fishing2. Research is being conducted to prevent environmental damage4.

It’s important to note that the specific impacts can vary depending on the location and design of the wind farm, and measures are often put in place to mitigate potential negative effects. For example, the Bureau of Ocean Energy Management (BOEM) completed an environmental review of the proposed New England Wind project offshore Massachusetts3. This review process is designed to carefully analyze the environmental impact of the proposed project3.

In conclusion, while wind farms can have some environmental impacts, they also play a crucial role in reducing greenhouse gas emissions and providing a source of renewable energy. It’s a balance between managing these impacts and transitioning to cleaner energy sources to combat climate change.”

Sign up for Axios to support independent journalism in the Pacific Northwest.

Washington tribes seek to halt offshore wind farms – Axios Seattle

Filed under: Alternative energy., Clallam County, Climate Change, Environmental Science, First Nations, fisheries, Olympic Peninsula | Tagged: , , | 4 Comments »

The battle of sea lice and salmon goes on

Posted on January 24, 2023 by Al Bergstein

An update on the battle to remove fish farms from Canada. The industry denies it’s a problem here, 100 miles south…

  • Increased sea lice infestations, scientists say are caused by salmon farms, threaten the already-vulnerable wild Pacific salmon populations in western Canada, worrying conservationists and First Nations.
  • Three First Nations in the region are now deciding on the future of open net pen Atlantic salmon farms dotting the channels and waterways in and around their territories. They hope their decisions will pave the way to protect wild salmon, a culturally important species.
  • So far, ten farms have been closed and the future of seven farms are to be decided this year, in 2023.
  • The impact of the closure of the farms on sea lice and wild salmon populations is still unclear, say scientists, and more time to monitor the data is needed.

As sea lice feast away on dwindling salmon, First Nations decide the fate of salmon farms (mongabay.com)

Filed under: Aquaculture, Around the Salish Sea, Endangered Species, Environmental Protection, Environmental Science, First Nations, fisheries, Government | Comments Off on The battle of sea lice and salmon goes on

How we tested Columbia River salmon for contaminants – OPB & ProPublica

Posted on November 22, 2022 by Al Bergstein

Sobering story today on the issue of pollution in Columbia River salmon. OPB and ProPublica collected 50 salmon caught by tribal fishermen and followed standard methods for fish tissue testing.

Ultimately, this led to the finding that, based on the levels of dioxins in our samples, anything above four 8-ounce servings of these tested fish each month would create an excess cancer risk beyond the EPA’s benchmark of 1 in 100,000. That means of 100,000 people exposed to these levels of contaminants, one of them would develop cancer as a result of the exposure.

How we tested Columbia River salmon for contaminants – OPB

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

Posted on November 18, 2022 by Al Bergstein

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

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

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

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

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


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

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

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

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


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


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


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

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

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

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

‘Momentous’: Feds advance demolition of 4 Klamath River dams – AP

Posted on November 18, 2022 by Al Bergstein

More dams are slated for removal to save what’s left of the historic salmon runs. Decommissioning could mean that the method that they use could allow the dams to be reinstated if the runs go extinct. It can mean clearing around the dams to allow the river to free flow but leave the dams standing. As the story tells, this was driven by the local Tribes (with help from environmental organizations), who’s treaties the Federal Government ignored for over a century. For those of us who have seen this remarkably beautiful river, it is a joy to think it will be freed again. Now to continue the move to solar power, wind power and wave power to replace the dam’s energy output. That part of the coast has lots of sunshine and of course, wave action galore.

U.S. regulators approved a plan on Thursday to demolish four dams on a California river and open up hundreds of miles of salmon habitat that would be the largest dam removal and river restoration project in the world when it goes forward. The Federal Energy Regulatory Commission’s unanimous vote on the lower Klamath River dams is the last major regulatory hurdle and the biggest milestone for a $500 million demolition proposal championed by Native American tribes and environmentalists for years. The project would free hundreds of miles of the river, which flows from Southern Oregon into Northern California. Gillian Flaccus reports. (Associated Press)

Filed under: Dam Removal, Endangered Species, First Nations, fisheries, Salmon | Tagged: | 1 Comment »

Native American Environmental Legend Terry Williams Walks On

Posted on July 25, 2022 by Al Bergstein

News out today that Tulalip Tribes Treaty Rights Commissioner and defacto leader of the Northwest environmental community has passed.

The bolo tie-wearing elder shaped state and national environmental policy. He was both soft-spoken and a powerful advocate.

Everett Herald

Terry Williams, Tulalip’s ‘champion of climate issues,’ dies at 74 | HeraldNet.com

Terry was always a presence at gatherings of environmental and restoration leadership for decades.

In the 1980s, Williams helped draw up the first Timber/Fish/Wildlife Agreement, a 57-page document outlining plans for a more ethical future for forestry. The accord, crafted through 60 meetings between tribes, timber companies and state agencies, provided the blueprint for negotiating regulations to protect old growth, fish-bearing streams and resolving disputes out of court.

Everett Herald

Always working with Billy Frank Jr. the two helped the tribes in Puget Sound to forge alliances after the Boldt Decision. I attended many meetings where he held the floor and gave focused discussions on what needed to be done to help return salmon to our waters. He dedicated his life to it. But it wasn’t just that dedication but the calm centered person he brought to the discussions. When he spoke, everyone listened.

“He really taught me to not get down and upset when you’re dealing with difficult issues,” Miller said. “I used to watch him having those conversations and I would be upset. I’d be so mad about it. And Terry would be so calm.”

There are people who are impossible to replace, given their history and dedication to a cause. Terry was one of those people. He always played the long game.

The Everett Herald has an excellent obituary on this giant of a man whose work will be felt eight generations from now, as the Tribes so eloquently state.

Terry Williams, Tulalip’s ‘champion of climate issues,’ dies at 74 | HeraldNet.com

Filed under: Around the Salish Sea, Environmental Activism, First Nations, People | Tagged: , | 1 Comment »

How Indigenous Sea Gardens Produced Massive Amounts of Food for Millennia -Hakai

Posted on July 18, 2022 by Al Bergstein

By focusing on reciprocity and the common good—both for the community and the environment—sea gardening created bountiful food without putting populations at risk of collapse.

https://hakaimagazine.com/news/how-indigenous-sea-gardens-produced-massive-amounts-of-food-for-millennia/

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Ediz Hook enhanced for salmon, public use – NWTTM

Posted on January 14, 2022 by Al Bergstein

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

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

Northwest Treaty Tribes January 2022

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

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

Tribe: Court of Appeals Ruling Won’t Stop Fish Farm Attempt – PDN

Posted on December 23, 2021 by Al Bergstein


The Tribe has been expanding shellfish and fin fish aquaculture in the last few years. This latest push, is an interesting issue. While the Tribe supported shutting non-native salmon fish farming, they never said they supported shutting down native salmon fish farming. This farm is for black cod, also known as Sablefish or Butterfish. It is native to the Pacific Northwest, but farming it by feeding it pellets, as they do with salmon, makes it not that appealing. Wild caught black cod is delicious, widely served in the Pacific NW. But I certainly will be asking if my black cod is wild caught or not. Not interested in eating fish raised in the backwater of Port Angeles harbor, near the pulp and paper mill.

It will be interesting to see how Ron Allen gets around the ruling. They likely would have to end the relationship with Cooke, which is a financial boon to the Tribe. We’ll continue to follow this as it unfolds.

Jamestown S’Klallam Tribal Chairman Ron Allen vowed Tuesday to move forward with plans to establish a fish farm in Port Angeles Harbor despite a recent state Court of Appeals decision upholding the termination of its business partner’s lease. The three-judge panel Dec. 14 affirmed a Thurston County Superior Court decision that struck a blow to the joint plans of the tribe and Canadian aquaculture company Cooke Pacific LLC. Paul Gottlieb reports. (Peninsula Daily News)

Tribe: Court of appeals ruling won’t stop fish farm attempt

Filed under: Around the Sound, Clallam County, First Nations, fisheries, Olympic Peninsula, Port Angeles, Straits of Juan de Fuca | Tagged: , , , , | 1 Comment »

Canadian Federal government announces closure of most Pacific herring fisheries | CBC News

Posted on December 17, 2021 by Al Bergstein

Perhaps good news for the herring stocks in B.C. as the Canadian government closes the fisheries. Herring stocks in B.C. have been in trouble for years, following mismanagement by the Federal Government, habitat destruction and over-fishing. As the article states, Indigenous Tribes on the west coast seem to be supporting this, as they have been warning about the collapse for years.

Pacific Herring (Photo by NOAA)

Most commercial fisheries for Pacific herring on the West Coast have been closed with the exception of harvests by First Nations for food and ceremonial purposes. Fisheries Minister Joyce Murray says in a statement that this “cautious” approach to Pacific herring management is based on recently intensified risks to wild salmon. Pacific herring are an important food source for salmon, sea birds, marine mammals and other fish. (Canadian Press)

https://www.cbc.ca/news/canada/british-columbia/pacific-herring-fisheries-closure-1.6289030

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Secretary of Interior visits Quinault Indian Nation to deliver support for moving them to higher ground.

Posted on August 10, 2021 by Al Bergstein

It’s great to see our first Native American Secretary of the Interior visit a local tribe to reinforce the issue of the U.N. Climate Change report, which is a grim warning to all of us that time is running out to do dramatic changes to save ourselves from truly catastrophic climate change. The Quinault are on the front lines, as this story points out.

The visit, Haaland’s first to Washington state since her appointment to the Biden Administration, coincided with the release of a dire report from the United Nations Intergovernmental Panel on Climate Change, predicting global havoc due to human-caused climate warming.

Lynda Mapes, Seattle Times

https://www.seattletimes.com/seattle-news/environment/this-tribe-has-lived-on-the-coast-of-washington-for-thousands-of-years-now-climate-change-is-forcing-it-uphill/

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Millions have been spent on orca recovery: Is it working? – Everett Herald

Posted on October 26, 2020 by Al Bergstein


And a follow up to the previous story, this is a good layman’s overview of the issue of salmon and orca recovery. It focus’ on Snohomish County but also discusses Sound wide issues. Notice, no mention of hatcheries here. It’s about habitat recovery. This article appears to have come out from under the paywall at this point.

Restoring destroyed salmon habitat is the key to regaining Southern Resident killer whale numbers. Julia-Grace Sanders reports. (Everett Herald)

Everett Herald

Millions have been spent on orca recovery: Is it working?

Filed under: Around the Sound, Endangered Species, Environmental Protection, First Nations, fisheries, Government, legislation, Orcas, Salmon | Comments Off on Millions have been spent on orca recovery: Is it working? – Everett Herald

Hood Canal nearing a potential ‘first’ for salmon recovery – KIRO News

Posted on October 9, 2020 by Al Bergstein

Hood Canal nearing a potential ‘first’ for salmon recovery.

In the Hood Canal Region there is an ongoing effort to de-list summer chum, a move that would be a “first” nationwide. A number of people who spoke with KIRO 7 believe that could happen within the next two years.

KIRO News 7

https://www.kiro7.com/news/local/hood-canal-nearing-potential-first-salmon-recovery/ZSKKVIDLTNH2LAQTEUTSMKQBUE/

Filed under: Clallam County, Endangered Species, Environmental Protection, Environmental Science, First Nations, fisheries, Jefferson County, Jefferson County, Olympic Peninsula | Tagged: , | Comments Off on Hood Canal nearing a potential ‘first’ for salmon recovery – KIRO News

Federal judge rules Army Corps aquaculture permit is unlawful in Washington State.

Posted on October 12, 2019 by Al Bergstein

In a surprise ruling with wide ranging consequences, a federal judge has ruled that the Army Corp of Engineers issuance of Nationwide Permits in the lower 48 (NWP48) authorizing commercial shellfish aquaculture is illegal. The suit, brought by The Coalition to Protect Puget Sound Habitat, a group that has been fighting large-scale shellfish aquaculture for years, and joined by the Swinomish Tribe, was focused against the Army Corp and Taylor Shellfish, along with the industry group, The Pacific Coast Shellfish Growers Association.

The plaintiffs argued that the Corps failed to comply with the Clean Water Act (“CWA”), the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”) when it reissued NWP 48 in 2017. They requested that the decision to adopt NWP 48 in Washington be overturned and that the Corps be required to comply with the environmental statutes before issuing any new permits  for commercial shellfish aquaculture in this State.

The court found in it’s blistering conclusions, “…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…the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.” (emphasis mine)

Going beyond just the issue of the environmental consequences the judge stated that “The federal defendants state that additional …remedy should be permitted once the seriousness of the agency’s error is determined. The intervenors (the Corps and Taylor Shellfish) assert that (throwing out the permits and the Corps previous rulings) would cause disruption in the Washington shellfish farms and industry, including significant impacts to employees and the communities in which they live.Neither tact is compelling. The substantive defects in the agency’s analysis when adopting the 2017 NWP are significant.” (emphasis mine)

The case centers around whether or not the large scale conversion of natural shorelines to commercial aquaculture, happening now all around lower Puget Sound and in the Strait of Juan de Fuca, is more than “minimal” damage to the environment. Siting case law in relevant lawsuits in the Yellowstone Park area, the environmental group managed to persuade the judge that the Army was allowing something much more than minimal damage.

As stated by the plaintiffs, “Federal agencies are required to do an environmental assessment (“EA”) of their proposed action, providing a brief discussion of the
anticipated environmental impacts and enough evidence and analysis to justify a no-significant impact determination.  If the agency, after conducting an EA, is unable to
state that the proposed action “will not have a significant effect on the human environment,” a more detailed and comprehensive environmental impact statement (“EIS”) must be prepared. They also argued that the case law stated that if the Corps’ ruling was found to be “arbitrary, capricious, an abuse of discretion” and lacking in a scientific basis, that it must be thrown out.

The court found that , “… there is insufficient evidence in the record to
support the agency’s conclusion that the re-issuance of NWP 48 in 2017 would have minimal individual and cumulative adverse impacts on the aquatic environment for purposes of the CWA and that the Corps’ environmental assessment does not satisfy NEPA’s requirements.”

They judge then went on to point out that “the Corps acknowledges that commercial shellfish aquaculture activities can have adverse environmental impacts…marine debris is a serious impact on the marine environment…and that commercial shellfish aquaculture activities can result in conversion of substrates (e.g. mudflats to gravel bars), impacts to submerged aquatic vegetation, alteration in aquatic communities from native to non-native shellfish species, and water quality impacts from harvest activities.”

Given those findings, the judge went on to say, “Ignoring or diluting site specific,
individual impacts by focusing solely on a cumulative, landscape-scale analysis is not
consistent with the governing regulations.”

The scientific documents that the Corps presented as justification for it’s actions came under blistering criticism from the judge. “According to the Corps’ own summary of the paper, the authors evaluated only the effects of oyster aquaculture activities on submerged aquatic vegetation. The paper itself shows that Dumbauld and McCoy (a supposed scientific study that the Corps and Taylor were using) were studying the effects of intertidal oyster aquaculture on the seagrass Zostera marina. 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. The Corps itself does not remedy these deficiencies: although it identifies various resources that will be adversely impacted by issuance of the national permit (along with resources that may benefit from shellfish production), it makes virtually no effort to characterize the nature or degree of those impacts. The Decision Document’s “Impact Analysis” consists of little more than an assurance that district engineers will consider the direct and indirect effects caused by the permitted activity on a regional or case-by-case basis.”

The judge went on to say, “In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and non-native species, pollution, and water quality, chemistry, and structure, but failed to describe, much less quantify, these.  The Corps cites the two Dumbauld papers for general statements regarding the positive or negative effects of shellfish aquaculture on certain aquatic resources or characteristics (focusing on seagrass), but it makes no attempt to quantify the effects or to support its conclusion that the effects are no more than minimal.”(emphasis mine).

As reported on some months ago in this blog, a draft cumulative impact statement, which only surfaced due to a discovery in this case,  “…generated in February 2017 dedicated twenty-five pages to discussing the wide range of work and activities covered by NWP 48 and noting the species dependent variability in cultivation techniques, gear, and timing. These variations gave rise to a wide array of effects on the aquatic habitat, none of which is acknowledged or evaluated in the national Decision Document.” (emphasis is mine).

The judge goes on, in plain language, “A reasonable mind reviewing the record as a whole would not accept Dumbauld and McCoy’s limited findings regarding the
landscape-level impact of oyster cultivation on a species of seagrass in the intertidal zone as support for the conclusion that entire ecosystems are resilient to the disturbances caused by shellfish aquaculture or that the impacts of those operations were either individually or cumulatively minimal.” The judge sites decisions back in coal country where the cumulative impacts of mountain top removal are similar and long lasting. “The governing regulations expressly impose upon the Corps the obligation to consider the ongoing effects of past actions when conducting a cumulative impacts analysis.”

The “NEPA and the CWA were enacted because humans were adversely affecting the environment to a noticeable and detrimental extent…Noting that a particular environmental resource is degraded is not an excuse or justification for further degradation. The Corps must analyze the individual and cumulative impacts of the proposed activity against the environmental baseline, not as a percentage of the decades or centuries of degrading activities that came before.

As to the use of pesticides by the industry, the judge has additional harsh criticism,”The Corps makes a similarly untenable argument whenever the use of pesticides in a
shellfish operation permitted under NWP 48 is discussed. While acknowledging that these substances are used and released into the environment during permitted activities, the Corps declines to consider the environmental impacts of pesticides because they are regulated by some other entity… Even if the Corps does not have jurisdiction to permit or prohibit the use of pesticides, it is obligated to consider “other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions.” The Corps’ decision to ignore the
foreseeable uses and impacts of pesticides in the activities it permitted on a nationwide basis does not comport with the mandate of NEPA or with its obligations under the CWA. Having eschewed any attempt to describe the uses of pesticides in commercial shellfish aquaculture or to analyze their likely environmental impacts, the decision to permit such activities through NWP 48 cannot stand.” (emphasis mine)

“The record is devoid of any indication that the Corps considered regional data,
catalogued the species in and characteristics of the aquatic environments in which commercial shellfish aquaculture activities occur, considered the myriad techniques, equipment, and materials used in shellfish aquaculture, attempted to quantify the impacts the permitted activity would likely have on the identified species and characteristics, or evaluated the impacts of the as-yet-unknown regional conditions…Faced with incredible diversity in both the environment and the activities permitted under NWP 48, the Corps effectively threw up its hands and turned the impact analyses over to the district engineers.”

In looking at the problem of plastic pollution in aquaculture the judge was additionally critical.”The Corps’ analysis with regards to plastic debris discharged into the marine environment is even more problematic. The Corps acknowledges the many public comments raising concerns about the introduction of plastics into the marine food web, but relies on the fact that “[d]ivision engineers can impose regional conditions to address the use of plastics” in response to these concerns. The Seattle District, for its part, declined to quantify the impact of plastics, instead noting that “it would not be a practicable solution to regionally condition NWP 48 to not allow the use of PVC and HDPE gear as there are no current practicable alternatives to use of the materials…The CWA requires the Corps to make minimal adverse effect findings before issuing a general permit. If, as appears to be the case with regards to the discharge of plastics from the permitted operations, the Corps is unable to make such a finding, a general permit cannot (be) issue(d). The Corps has essentially acknowledged that it needs to individually evaluate the impacts of a particular operation, including the species grown,
the cultivation techniques/gear used, and the specific location, before it can determine the extent of the impacts the operation will have.”

The decision is not trivial. It rips apart industry arguments made over the last decade that eelgrass recovery in aquaculture farms is a minor issue. The aquaculture industry and Taylor Shellfish in particular has put itself at the head of county agencies supposedly in the business to protect the nearshore from harm and then used these faulty scientific studies to promote their position.  The Jefferson County Marine Resources Committee, which claims on it’s web page to have the mission, “to protect and restore the marine environments of East Jefferson County by raising community awareness of issues…” has been chaired by an aquaculture industry spokesperson who routinely has used these same discredited arguments to suppress any discussion of negative impacts on the nearshore the MRC claims to protect.  The Committee has meekly gone along with the bullying tactics of the Taylor representative at public meetings, unwilling to push back on what the spokesperson has claimed to be ‘scientific  studies’.  The Committee in fact sponsored a ‘aquaculture educational day” to promote these same, now discredited scientific studies, offering no substantial criticism to the statements of the industry. The lack of any counter balance to the industry’s PR blitz angered many in the environmental community on the Olympic Peninsula toward this committee that had a long history of standing to protect the nearshore. The decision to not include substantial criticism of the industry led the long time environmental representative on the committee to resign.

The outcome of this case is unclear at the time of this writing. However, it will likely have a substantial effect on future shellfish farm permits, and may force the closure of some larger farms that were recently permitted, until such time as adequate scientific study on their effects is done. The ruling ends with the judge throwing out the Army’s ability to issue permits in Washington. However, the judge does say to Taylor and others that they can apply for individual permits. The Court has the ability to allow a “period of time in which growers can avail themselves of the process before the existing permits would be invalidated or to fashion some other equitable remedy to minimize both the risks of environmental harm  and any disruptive consequences.” So there is some wiggle room for the growers to get some activities going to mitigate the effects of this ruling.

This case also fully vindicates the environmentalists’ concerns over the ever expanding industry, it’s conversion of pristine shorelines to monoculture farming and the allies of this industry in city, county and state government. The industry is not down and out yet. It’s worth noting that Taylor has apparently spent tens of thousands of dollars lobbying back in Washington D.C. and is likely to support Republican efforts to roll back the Clean Water Act to eliminate the local nature of permitting to favor national ones. Given this ruling, that likely is a losing tactic.

This blog will continue to follow this breaking story with further updates as we receive them.

 

 

 

 

 

 

Filed under: Aquaculture, Environmental Activism, Environmental Law, Environmental Protection, Environmental Science, First Nations, Puget Sound | Tagged: , , , | 5 Comments »

Canadian First Nations, U.S. tribes form alliance to stop oil pipelines -Thomson Reuters

Posted on September 23, 2016 by Al Bergstein

Tribes rising. It’s time to leave it in the ground and continue aggressive moves to a carbon free future. This decision by the Tribes to oppose any and all pipelines and tanker/rail projects is a huge step towards forcing this move. As painful as this is, the economic consequences are going to be bigger. As shortages of fossil fuels become greater, due to a lack of political will to fund the conversion to solar/wind/battery, the inevitable brown outs and lack of fossil fuels is likely to lead to a backlash against the environmental supporters. It’s already happening, funded by organizations backed by the oil consortiums.
First Nations communities from Canada and the northern United States signed a treaty on Thursday to jointly fight proposals to build more pipelines to carry crude from Alberta’s oil sands, saying further development would damage the environment. The treaty, signed in Montreal and Vancouver, came as the politics around pipelines have become increasingly sensitive in North America, with the U.S. Justice Department intervening last week to delay construction of a contentious pipeline in North Dakota. The Treaty Alliance Against Tar Sands Expansion was signed by 50 aboriginal groups in North America, who also plan to oppose tanker and rail projects in both countries, they said in a statement. Targets include projects proposed by Kinder Morgan Inc, TransCanada Corp and Enbridge Inc. (Thomson Reuters)

http://www.cbc.ca/beta/news/canada/montreal/montreal-vancouver-indigenous-oil-sands-1.3774444

Filed under: First Nations, Puget Sound | Tagged: | Comments Off on Canadian First Nations, U.S. tribes form alliance to stop oil pipelines -Thomson Reuters

Angry anglers protest closure of Skokomish River – Kitsap Sun

Posted on August 2, 2016 by Al Bergstein

Fish wars continue long Skokomish river. Recent closure of fishing by the tribe based on federal lawsuit crates protest from nontribal sports fishermen. well the protesters were concerned that this may be the start of a trend by the tribes, it’s been my experience that other tribes in the area are not interested in taking this type of action. As the fisheries continue to decline from a variety of reasons, the unfortunate reality is that they may be forced to do so. And in interviews that I’ve done with oldtimers of all political stripes on the Olympic Peninsula, a common thread running through them,regardless of whether they are tribal or non-tribal people is that the fishery should be closed for an extended period,to help replenish the stocks. 

http://www.kitsapsun.com/news/angry-anglers-protest-closure-of-skokomish-river-38ce4140-5d01-643b-e053-0100007faefe–388763471.html

Filed under: First Nations, fisheries, fishing, Salmon | Tagged: | Comments Off on Angry anglers protest closure of Skokomish River – Kitsap Sun

Facing Rising Waters, A Native Tribe Takes Its Plea To Paris Climate Talks – NPR

Posted on December 3, 2015 by Al Bergstein

Washington State’s Olympic Peninsula has been in the news lately, as an unfortunate “poster child” of ocean rise and climate change. The Quinault Nation has been the first community in the lower 48 that has been forced to move their homes due to what is clearly being attributed to ocean rise. (certainly there are very good reasons to say that Hurricanes Sandy and Katrina also represented climate change created superstorms, this is the first example I’ve seen of a 1:1 relationship).

While the Republican dominated Congress fiddles while their constituents burn, and supposed leaders like Ted Cruz are about to hold a Congressional hearing on climate change that will only include testimony from scientists who oppose the findings of the 97% of scientists that believe in climate change, we only have to look west to the coast, and our neighbors under siege from rising waters. It’s clear that Cruz is not representing his constituents, but the economic forces aligned against taking action. But back to the coast and a report from superb regional journalist Ashley Ahearn.

International leaders gathering in Paris to address global warming face increasing pressure to tackle the issue of “climate refugees.” Some island nations are already looking to move their people to higher ground, even purchasing land elsewhere in preparation. In the U.S. Northwest, sea-level rise is forcing a Native American tribe to consider abandoning lands it has inhabited for thousands of years. The Quinault Indian Nation, whose small village lies at the mouth of the Quinault River on the outer coast of Washington’s Olympic Peninsula, now relies on a 2,000-foot-long sea wall to protect it from the encroaching Pacific Ocean. Ashley Ahearn report. (NPR)

http://www.npr.org/2015/12/01/455745765/facing-rising-waters-a-native-tribe-takes-its-plea-to-paris-climate-talks

Filed under: Around the Salish Sea, First Nations, Global Warming, Olympic Peninsula, People, Puget Sound | Tagged: , , | Comments Off on Facing Rising Waters, A Native Tribe Takes Its Plea To Paris Climate Talks – NPR

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