ACTION item: Stopping the industrialization of the Dungeness Wildlife Refuge

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

 

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Secretary of Interior Deb Haaland that the Dungeness National Wildlife Refuge lease for industrial aquaculture must be rescinded.

 

In spite of demonstrated harm to birds, salmon, forage fish, and shellfish, and a recommendation by the National Marine Fisheries Service that “an alternative site be identified in a location that results in less potential impacts to wildlife that is more appropriate for aquaculture and meets the goals of the tribe,” USFWS approved a lease for an industrial oyster farm inside the Dungeness National Wildlife Refuge. This decision, which is in violation of the Clean Water Act and the Migratory Bird Treaty Act, must be reversed. 

 

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

 

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

 

The Dungeness National Wildlife Refuge was created by Executive Order in 1915 by Woodrow Wilson, directing the area to be set aside as a “refuge, preserve and breeding ground for native birds and prohibits any disturbance of the birds within the reserve.” The front page of the Refuge website states: “Pets, bicycles, kite flying, Frisbees, ball-playing, camping, and fires are not permitted on the Refuge as they are a disturbance for the many migrating birds and other wildlife taking solitude on the Refuge.” With this level of concern, it is counterintuitive to allow destructive industrial aquaculture.  

 

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

 

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

 

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

 

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

 

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

 

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

 

Thank you for your active participation and engagement!

 

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

https://secure.everyaction.com/WMJxQmNjDUqarx4FmLzUrA2

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

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

        PPF is a federal recognized 501c3 non-profit.

Pat Neal again denounces fish restoration projects.

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

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

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

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

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

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

One Log Truck c1960s. Photographer unknown.

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

Vince Cameron on the Dungeness River. Photo by Al Bergstein

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

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

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

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

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

Herb Balch, photo by Al Bergstein

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

Dick Goin photo by Al Bergstein

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

Ray Hunter photo by Al Bergstein

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

Peter Becker photo by Al Bergstein

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


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

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

Groups Sue USFWS for Failure to Protect Dungeness Spit

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

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

Beyond Pesticides Press Release

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

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

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

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

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


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

FOR IMMEDIATE RELEASE: June 30, 2023

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

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

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

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

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

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

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

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

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

Opinion: A national wildlife refuge at risk of industrialization

This article originally was published in Environmental Health News. We use it with permission of the author.


SEQUIM, Wash.—Jutting out into the Strait of Juan de Fuca is a fragile, slender spit of sand and glacial till leftover from the Pleistocene Epoch nearly 1.2 million years ago.

It is the longest spit in North America, a refuge and protective barrier for marine mammals and some 250 breeds of shorebirds, several of whom stop on their way between South America, Alaska and beyond to build up fat to fuel their long journeys.

And it is also about to become commercialized for private profit by an industrial oyster corporation.

The Dungeness Spit, part of the Dungeness National Wildlife Refuge, extends for five miles. Declared a refuge in 1915, its lush eelgrass beds are a pantry for waterfowl and a nursery for salmon that eventually feed whales and other wildlife. The Dungeness Bay itself is considered an important bird area by Audubon, for its significance for bird population conservation.

The refuge attracts birders and other recreationists from around the world. Territory enjoyed and cherished and serving as a nursery and refuge for wildlife that literally span the globe, will be subsumed for private gain. It is like a war on our marine ecosystem.

The Washington State Lands Commission, the Washington State Department of Ecology and the U.S. Army Corps of Engineers (Corps) issued permits for the Jamestown S’Klallam Tribe to commercially grow non-native oysters in Dungeness Bay. These will be sold to restaurants, consumers and exported to other countries.

The operator will initially anchor 20,000, with a buildup to 80,000, on-bottom toxic plastic bags of non-native oyster spat over tens of acres smack dab in the primary mudflat bird feeding area – an area that today is off-limits to human access. Tens of thousands of shorebirds from across the Western Hemisphere depend on the mudflat as a critical feeding stop during migration.

The bags will be anchored into the sediment, smothering the intertidal zone benthic life underneath, and will affect the nearby eelgrass. This plastic is a type of PFAS, the group of chemicals also known as forever chemicals, able to contaminate the water that the filter-feeding oysters will ingest. This chemical could then move up the food chain to unsuspecting consumers.

The plastic nets are known to have ensnared birds and fish at other industrially-operated shellfish farms.

The Corps refused to conduct an environmental impact study, yet in an internal 49-page Memorandum to Record, the Corps admitted to the destruction the shellfish operation will have, but still permitted it.

The U.S. Fish and Wildlife Service (USFWS), a division of the U.S. Interior Department, with authority to protect its refuges, withdrew its opposition to the operation. To protect the birds and their primary breeding and feeding grounds, this section of the refuge is closed six months of the year to human activity. Now the USFWS is permitting the industrial shellfish operator access to this protected area year-round, day and night.

As well, the USFWS is circumventing its own mandatory step of writing a compatibility determination.. Since this operation is incompatible, to write the determination would force the agency to publicly disallow the shellfish operation.

Violated, as well, are the Migratory Bird Treaty Act, the Endangered Species Act and the Clean Water Act. Organizations and individuals throughout the United States submitted comments, spoke out and petitioned to stop this shellfish operation. No agency acknowledged the public outcry.

The Dungeness National Wildlife Refuge industrial operation will be precedent-setting for our nation’s refuge system – and bodes poorly for what can happen in other protected areas.

Public funds upkeep national refuges. We have seen this sad song repeated over and over: When private corporations destroy public lands, the public is taxed to clean up the damage.

Today we are spending millions of dollars annually to clean up Washington state’s Puget Sound, the second largest estuary in the United States. Yet our state and federal agencies are opening these wildlife intertidal zones to more pollution and industrial activity. One third of Washington state’s coastal waters are filled with industrial shellfish aquaculture and plastic, leaving wildlife to forage elsewhere.

“In wilderness is the preservation of the world,” Henry David Thoreau wrote in 1862.

We should heed his words and protect rather than pollute our natural world. The state and federal governments should get back to protecting our wildlife refuges rather than acquiesce to their destruction.

Darlene Schanfald

Darlene Schanfald, Phd, has been active in environmental campaigns for more than three decades and is a board member of Protect the Peninsula’s Future.

WA Dept of Ecology & Rayonier Port Angeles Superfund Site

The Washington State Department of Ecology recently mailed out the first report in a long time to residents near Ennis Creek in Port Angeles. This report covers the update to the work that has been going on for over a decade to try and restore the superfund site at Ennis Creek. There has been feedback from concerned citizens on the issue.

Status Update: Port Angeles Cleanup Sites and Natural Resource Damage Assessments

It’s the first report we’ve seen from Ecology since 2019 about what’s happening at the Rayonier site, Port Angeles Harbor and several other contaminated sites in the PA area that are being cleaned up, or will supposedly be cleaned up.

Here is the reply from the Friends of Ennis Creek.

ECOLOGY MAILING PROMPTS QUESTIONS, COMMENTS.

You may have recently received a 4-page mailing titled “Status Update: Port Angeles Cleanup Sites and Natural Resource Damage Assessments.”

It was sent out to North Olympic Peninsula residents and other interested parties by the state Department of Ecology (ECY) the first week of April.

The mailing came as a result of requests from Friends of Ennis Creek and others concerned about how long it’s taking to deal with toxic contaminants at the Rayonier mill site and in Port Angeles Harbor and impacts on Ennis Creek, our last best chance of a salmon stream in Port Angeles.

Here’s a link to the 4-page mailing Ecology sent — https://apps.ecology.wa.gov/cleanupsearch/document/123269.

The mailer provides a great deal of information — but it’s also concerning.

Robbie Mantooth, co-founder of Friends of Ennis Creek, found the Ecology mailing wanting in several areas:

“The city of Port Angeles, area tribes, Friends of Ennis Creek and many other governmental and non-governmental entities have told ECY leaving a toxic landfill on the Port Angeles waterfront is unacceptable.

“Public concerns have included how contaminants are likely to spread on water and land because of sea level rise and extreme weather.

“This mailing doesn’t provide enough detail to make the public’s overwhelmingly consistent demands clear.

“We have asked for speeding up actions, including doing cleanup and restoration whenever possible.”

Your comments about the mailing would be appreciated.

Please post them in this post’s comments section, below, and also email them to Barry Rogowski, program manager of state Ecology’s Toxics Cleanup Program. His email is brog461@ecy.wa.gov.

You also can email Robbie at ennis@olypen.com.

Here is Robbie’s reaction:

The public needs information about negotiations with Rayonier to restore land and water harmed by the company’s mill operations. If they must be confidential, the public deserves an explanation.

The public needs assurance that the change in property ownership, from Rayonier Properties LLC to Rayonier Advanced Materials (AM), will not affect the company’s financial responsibilities to pay for cleanup and restoration.

The public needs clarification of such subjective terms ECY is using — such as “maximum extent practicable” — and assurance this doesn’t mean a limit to the company’s responsibilities.

The public needs assurance that ECY is responsive to concerns expressed in more than 160 comments sent to ECY during the last public comment period.

Almost every comment demanded the removal of ALL contaminants from the former Rayonier mill site — but the ECY Model Toxic Control Act (MTCA) team’s most recent preferred alternatives would continue to cover and leave toxic wastes in our community rather than removing them.

We are also concerned that existing signage on the Rayonier fence does not adequately inform the public about the level of contamination and about toxic exposures to human health.

(Darlene Schanfald of the Olympic Environmental Council would like new signs at the Rayonier site and along the Olympic Discovery Trail that parallels it: “Eye-catching, informative signage is needed on the fences around the Rayonier site to inform the public why they should not enter the site.”)

The city of Port Angeles, area tribes, Friends of Ennis Creek and many other governmental and non-governmental entities have told ECY leaving a toxic landfill on the Port Angeles waterfront is unacceptable.

Public concerns have included how contaminants are likely to spread on water and land because of sea level rise and extreme weather.

This mailing doesn’t provide enough detail to make the public’s overwhelmingly consistent demands clear.

We have asked for speeding up actions, including doing cleanup and restoration whenever possible.

ECY has reported dissatisfaction with Rayonier’s failure to include some of the agency’s proposals into what is called the Interim Action Plan.

We have asked ECY to make those concerns available to the public as well as what Rayonier has proposed.

Ecology says 30,000 tons of contaminated material have been removed — but doesn’t describe the amount or contents of what remains.

When will the cleanup be finished?

A report to the federal Environmental Protection Agency (EPA) included a revised timeline much more specific than what was in the ECY mailing this month.

The timeline is especially concerning since the mailing says ECY doesn’t “yet know how far the contamination from the mill spreads.”

We have asked ECY to focus on land and water affected by the Rayonier mill — even though we share interest in the Port Angeles Harbor to the west.

Although we commend the agreement among those who have agreed to pay for the western harbor cleanup and restoration, we want to be sure that progress doesn’t detract from what remains be done for people, fish and all other life continuing to be affected by what Rayonier left behind.

We also need to clarify how the cleanup under Washington State’s Model Toxics Control Act (MTCA) is related to the federal EPA.

Darlene Schanfald, who has led public involvement efforts with a grant under MTCA through the Olympic Environmental Council, provided some history of what happened after the Rayonier mill closed in 1997.

“The U.S. Environmental Protection Administration considered a Superfund designation for the land and water impacted by Rayonier Pulp Mill operations.

“EPA agreed to let the state Department of Ecology lead the cleanup under the state’s Model Toxics Control Act, but EPA would oversee actions and would have to sign off on a delisting.”

Friends of Ennis Creek and others have asked for copies of the annual report EPA requires from Ecology.

We’ve received only the one for October 2022 but have asked to be notified when others are made available, as we were told they would be, on the ECY website ( https://ecology.wa.gov/Rayonier ).

We have asked our congressman, Derek Kilmer, who grew up in Port Angeles, to help us meet with an appropriate EPA representative.

Volunteer environmental opportunities in Clallam County

These are openings in environmental oriented boards. Here’s your opportunity to impact policies that affect your county.

• Conservation Futures Program Advisory Board: One position — a representative of commissioner District II.

The board makes annual or more frequent recommendations to the Board of County Commissioners for projects to be funded as part of the conservation futures program and develops strategic, long-term plans for the program.

• Marine Resources Committee: Three positions — for a representative and an alternate representative of the Makah Tribe; and for an alternate representative of commissioner District III.

The panel advises the commissioners on marine resources within the county.

• Noxious Weed Control Board: Three positions — representatives of geographic area 1, geographic area 2 and geographic area 4.

The board oversees the control and eradication of noxious weed infestations in the county.

Permit Advisory Board: Twelve positions — Representatives of architects, building designers, building trades, certified septic designers or installers, engineer (structural/civil); Economic Development Council, environmental consultants, homebuilders association, propane and wood stove contractors, manufactured/mobile home associations, a land surveyor and an ex officio planning manager.

The panel makes recommendations to the commissioners and the director of Community Development for changes to the building code and permitting.

• Planning Commission: One position — one representative each from representative of District IIb.

The panel reviews land use policy and planning ordinances.

• Solid Waste Advisory Committee: Six positions — representative and alternate representative of West Waste Recycling and alternate representatives of tribal government, city of Forks and the business community and an alternate at-large member.

The committee assists with implementation of programs and policies concerning solid waste handling and disposal.

• Trails Advisory Committee: Four positions — representatives of Olympic National Park, a large private forest company, a commercial trail business and off-road motorized user groups.

The committee makes recommendations to the commissioners and other county bodies regarding non-motorized transportation and trail-related issues.

To apply, call 360-417-2233, download forms from www.tinyurl.com/PDN-Clallam-Volunteer or visit the county commissioners’ offices in the courthouse, 223 E. Fourth St., Suite 4.

Olympic Coast National Marine Sanctuary Advisory Council Seeks Members

COMMUNITY ANNOUNCEMENT – Please post and distribute

April 7, 2023

Olympic Coast National Marine Sanctuary Advisory Council seeks members

Olympic Coast National Marine Sanctuary is seeking applicants for the Sanctuary Advisory Council (SAC). The council ensures public participation in sanctuary management and provides advice to the sanctuary superintendent. The SAC holds meetings every two months within the regions of the Olympic Peninsula and occasionally Puget Sound. 

Sanctuary staff are currently accepting applications for the Fishing: alternate, Research: alternate, and Citizen-at-Large: primary and alternate seats. Candidates are selected based on their expertise and experience in relation to the seat for which they are applying, community and professional affiliations, and views regarding the protection and management of marine resources. Applicants who are chosen should expect to serve a three-year term. Primary seats represent a certain agency, tribe, user, or stakeholder group. Alternate seats fill a particular seat in the absence of the primary seat.

Applications will be accepted through Monday, May 22, 2023.

Advisory Council Seat Application Form (pdf 402 kb)

For more information or to obtain a copy of the application package, contact Chris Butler-Minor 360-406-2079, Chris.ButlerMinor@noaa.gov.

On the Web:

NOAA Office of National Marine Sanctuaries: http://sanctuaries.noaa.gov

NOAA’s Olympic Coast National Marine Sanctuary: http://olympiccoast@noaa.gov

Sanctuary Advisory Council: https://olympiccoast.noaa.gov/involved/sac/

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How a River Breathes

Filmmaker John Gussman caught two views of the new levee project on the Dungeness River recently. This is what is also known as a floodplain. By allowing the river to “breathe” and overflow it’s banks, without endangering manmade structures like homes and farms, you save the river and the ecosystem that it exists in. As you can see, this is less than one month apart. Allowing home development in such a location is asking for problems, and problems were what the Dungeness valley had for many decades after white people attempted to tame the river. This is a compromise. The river is allowed to breathe, a few farms and homes are paid to relocate, and moving forward, the likelihood of more salmon coming back to a habitat that they can survive and reproduce in is given a much higher probability of success. In addition to fish, this promotes a wide array of flora and fauna, including ducks, geese, and many others. The Dungeness River Management Team (DRMT), which includes farmers, duck hunters, and with help from the Jamestown S’Klallam Tribe worked for decades to make this possible, with millions in help from the federal and state government and our State and Federal representatives. For a more detailed look at this issue, you can watch my 2010 film, “Working for the River” that covers the issues in recovering the Dungeness. https://vimeo.com/80651319

Thanks to John Gussman for use of the drone photos. John is available for video and still work. Check out Doubleclick Productions – Photography-Video Production-Stock Imagery-UAV Drone Services located on the Olympic Peninsula (dcproductions.com) for his other projects.

Cooke Aquaculture files appeal of DNR decision

As this blog stated over a week ago, the saga of net pens on the Olympic Peninsula is not over yet. 

Cooke Aquaculture Pacific, LLC has filed an appeal of the state Department of Natural Resources’ denial of its leases for steelhead farms in state waters.

https://www.peninsuladailynews.com/news/cooke-aquaculture-files-appeal-of-dnr-decision/

 

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

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


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

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

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

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

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

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

Open house to spotlight changes at Miller Peninsula State Park -PDN

An important meeting for those living on the Peninsula.


State parks leaders will host an open house this month to give an overview of proposed changes and hear from community members about plans for the Miller Peninsula State Park property. Staff from Washington State Parks will host the event set for 6 p.m. to 7:30 p.m. next Tuesday at the 7 Cedars Resort, 270756 U.S. Highway 101. This in-person-only open house will begin with a brief introduction and overview of the planning work to date, status of the project and anticipated next steps, parks officials said. by Michael Dashiell reports.

(Peninsula Daily News)

$1B up for grabs to help salmon get to where they’re going – KUOW

Continued funding of efforts to reverse 100+ years of destruction of our salmon streams. Removal of culverts is critical to any hope of restoring wild salmon. These are real jobs for blue collar people on the Peninsula. Much better use of our federal funds than funding many other non critical issues.


U.S. Transportation Secretary Pete Buttigieg announce a $1 billion program to help save the region’s salmon while visiting Washington state Thursday…Salmon need to travel up rivers to spawn. A lot of them don’t make it because culverts get in the way. Culverts are like tunnels that let streams pass under roadways. Many were installed decades ago. While they allow water to pass through, they don’t work as well for salmon. The new program will help pay to improve or replace culverts in the region. A total of $1 billion is available over five years thanks to the “National Culvert Removal, Replacement and Restoration-Culvert Aquatic Organism Passage Program.” Applications are open for tribal, state, and local governments. David Hyde reports. 

(KUOW) 

Job Opening: Olympic Coast National Marine Sanctuary

Position Description: Enviro. Education & Stewardship Specialist. The Olympic Coast National Marine Sanctuary AmeriCorps member will support education and outreach for Olympic Coast National Marine Sanctuary, including planning, implementing and evaluating K-12 ocean science education programs based on Ocean Literacy Principles and best practices for NOAA B-WET “meaningful watershed educational experiences”.

AmeriCorps members will also assist sanctuary staff, in partnership with Washington CoastSavers, to plan and coordinate beach cleanups. Additionally, members will conduct public outreach with local service and interest groups and at prioritized community events such as Dungeness Crab and Seafood Festival, Beachcombers Fun Fair, Grays Harbor Shorebird Festival and regional career fairs.

The position is based out of Port Angeles, WA, and will take place from Oct 2022 – Aug 2023.

Apply at:

https://my.americorps.gov/mp/listing/viewListing.do?id=74731&fromSearch=true

Lamprey legacy: Eel-like fish return after dam removal – Salish Sea Currents

Christopher Dunagan concludes his excellent series on the return of the Elwha River.

Prehistoric-looking lamprey are recolonizing parts of the Elwha River that they have not occupied for more than 100 years. Like salmon, the culturally and ecologically important fish also move from saltwater into rivers to spawn. And like salmon, lamprey were devastated by the dams that once blocked their way. We conclude our series ‘Returning home: The Elwha’s genetic legacy.’   

Lamprey legacy: Eel-like fish return after dam removal | Encyclopedia of Puget Sound (eopugetsound.org)

Battle of Dems over forests

Recently two strongly worded Op-Ed pieces ran in the Seattle Times, highlighting a growing rift between the efforts of Commissioner of Public Lands Hilary Franz and Democratic Senator Kevin Van de Wege of the Olympic Peninsula. Both Franz and Van de Wege are staunch Democrats, both often attend the local fish fry’s and usually have been seen as being on the same page.

However, in the last months, to highlight Earth Day, Commissioner Franz went out on a limb to lock up forests (also known by the title “Working Forests” for the fact that they are usually cut down at some point) and trade the lock for “carbon offsets” to polluters.

On the face of it, this might seem like an innocuous “good thing” to do. But it appears that Commissioner Franz decided on this for her own reasons, perhaps to gain an opportunity to host President Biden when he was here, and gain a photo op of her and the President Biden on his trip here in April. Her announcement included protection of forests in Whatcom, Thurston, King and Grays Harbor counties. Oddly missing was Clallam and Jefferson Counties, two counties that non-profits working hard to get Franz to save some old growth that is planned on being harvested this summer. Also, it apparently was done with little or no involvement of Senator Van de Wege, who then launched his own scathing Op-Ed piece denouncing Franz move, one he said “…should be effective, measurable and transparent — standards notably ignored in the Washington Department of Natural Resources’ recent decision to set aside more state trust lands as carbon reserves while selling carbon offsets that allow industrial polluters to keep polluting.”

Van de Wege went on, “Whatever actions we take, our climate policies should be effective, measurable and transparent — standards notably ignored in the Washington Department of Natural Resources’ recent decision to set aside more state trust lands as carbon reserves while selling carbon offsets that allow industrial polluters to keep polluting.

“…DNR adopted this fundamental change of course in state policy without honoring traditional safeguards such as thorough analyses, public hearings and oversight by the state Legislature or Board of Natural Resources.

“While in the past DNR has acknowledged that the sale, exchange or purchase of trust lands must be approved by the Board of Natural Resources, in this case the agency has notably declined to commit to honoring the board’s oversight. At best, DNR has offered only vague promises of “engagement” to some undefined and uncertain degree.

He finished by saying, “Did DNR adequately analyze the impact of unintended consequences from its proposed carbon lease? Reducing the responsible timber harvest in Washington state will decrease our state’s capacity to produce wood products, leading to an increase in carbon-emitting imports from places that do not sustainably manage their forests, or the substitution of concrete and steel, both of which are significant contributors to carbon emissions.

“Until these troubling questions are answered, the state should not proceed with a carbon reserve policy that may be neither effective, measurable nor transparent while undermining well-established practices that combat climate change and support rural communities.”

This blog has been highly critical of Ms. Franz approach to her leasing the Dungeness Spit to a commercial aquaculture farm, over the objections of numerous significant environmental concerns raised by everyone from the Dungeness Spit Wildlife Refuge manager to a number of scientists and environmental organizations. As reported here before, she denied to this reporter in front of a crowd of democratic funders any knowledge of the leasing of the Spit though her signature was affixed to the document. This new initiative seems poorly thought out and even more poorly communicated within her own party.

Ms Franz, it has been rumored in Democratic circles for years, has had her eye on the Governorship. While she is clearly running for future office on her work on fighting fires in Washington State, she might worry a bit more about the political fires she herself is starting on the Olympic Peninsula. Senator Van de Wege is a powerful force in our state politics, especially for holding onto a very conservative district like Clallam County. He is known as an environmental champion, having been given that honor years ago by People For Puget Sound for his efforts to both support ending fire retardants use in industry and his support for the rescue tug at Neah Bay, which has saved many ships over the years. His Op-Ed clearly shows she has angered him, and it’s going to be very hard for her to mend that fence.

Read the whole Op-Ed by Senator Van De Wege here:

https://www.seattletimes.com/opinion/lack-of-transparency-clouds-management-of-trust-lands/

Read Commissioner Franz’ reply here:

https://www.seattletimes.com/opinion/we-must-stop-fighting-over-our-forests-and-come-together-to-start-fighting-for-our-forests/

For more on DNR’s Carbon Project that has angered Senator Van de Wege…

https://www.dnr.wa.gov/CarbonProject

Beyond Pesticides Launches Campaign to Save Dungeness Spit from Aquaculture

Beyond Pesticides (BP) has apparently recently learned of the ongoing battle to save Dungeness Spit from an aquaculture farm, supported by Commissioner Hilary Franz and others in our local and state governments. While BP is late to this issue, we welcome their efforts to stop this while we still have a small chance.


In spite of the known harm to migratory and residential birds, salmon, forage fish, other wildlife and their primary feeding areas, and a recommendation by the National Marine Fisheries Service that “an alternative site be identified in a location that results in less potential impacts to wildlife that is more appropriate for aquaculture and meets the goals of the tribe,” permitting agencies approved permits and a lease for a 50-acre industrial oyster farm for private financial gain inside the Dungeness National Wildlife Refuge. This decision, which is in violation of the Clean Water Act and the Migratory Bird Treaty Act, must be reversed.

Agencies are well aware of the potential damage to the lands it is their mission to protect.

>>Tell the Washington State Department of Natural Resources and the U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

The Dungeness Bay Wildlife Refuge was created by Executive Order in 1915 by Woodrow Wilson, directing the area to be set aside as a “refuge, preserve and breeding ground for native birds and prohibits any disturbance of the birds within the reserve.” The Refuge provides habitat, a preserve and breeding grounds for more than 250 species of birds and 41 species of land animals. 

The front page of the Refuge website states: “Pets, bicycles, kite flying, Frisbees, ball-playing, camping, and fires are not permitted on the Refuge as they are a disturbance for the many migrating birds and other wildlife taking solitude on the Refuge.” With this level of concern, it is counterintuitive to allow destructive industrial aquaculture. 

These detrimental effects to the Dungeness National Wildlife Refuge are NOT minimal. Among the negative impacts of this project are: 50% reduction in bird primary feeding grounds;  20,000 – 80,000 toxic plastic oyster bags that exclude the probing shorebird flocks from feeding deeply into the substrate, entrapment of fish and birds, add macro- and micro-plastic bits to the sediment throughout the refuge, and shift the benthic community composition; diminishment of the ecological benefits provided by eelgrass to threatened fish and birds, such as nourishment and cover from predators and, with warming waters, increased toxic algal blooms that will leave a graveyard of dead oysters. Additionally, commercial shellfish operations attract pathogens and non-native species that threaten the area ecosystem and the shellfish. Decision makers should not place financial benefits to the corporation above the long term and cumulative impacts to the refuge.

>>Tell the Washington State Department of Natural Resources and U.S. Fish and Wildlife Service that the Dungeness National Wildlife lease must be rescinded.

Clallam County Marine Resources Committee offers paid internships!

Due date extended!

Do you enjoy doing citizen science work in our community? Do you want to earn while you learn? This year the Clallam Marine Resources Committee is expanding their internship program by offering two internships for Summer 2022.

The duration of the internships is approximately 80 hours @ $15/hr. with most of the work to be completed between June – August 2022. The interns will work closely with MRC members, Makah, Jamestown Biologists on one or more of these projects:

  • Green Crab Trapping and Removal: The intern will assist the Makah Tribe’s Marine Ecology program with their efforts to trap invasive European green crab in estuaries on the Makah Reservation. The internship will include both fieldwork and office/lab work.
  • Olympia Oyster monitoring: The intern will assist Jamestown S’Klallam Tribe’s Natural Resource Department with all aspects of Olympia Oyster surveys and monitoring. The internship will include both fieldwork and office/lab work.
  • Other: Pigeon Guillemot colony monitoring, kelp surveys via kayak, shellfish biotoxin sampling,data entry and other duties as assigned.

The interns will present their work at the Intern Celebration August 15, 2022.

If you are interested in being an intern, we recommend you browse the MRC website http://www.clallamcountymrc.org/ for more background, and then submit a letter of intent to the Clallam MRC at rebecca.mahan@co.clallam.wa.us or 223 East 4th St. Suite 5, Port Angeles, WA 98362. The application due date for the two internships is May 27, 2022.

Volunteers Needed for Seabird Monitoring Program (June – August)

Looking for some fun volunteer opportunities this summer?

Do you enjoy watching wildlife and early morning solitude? If so please consider being a one day per week volunteer monitoring breeding and feeding behavior of Pigeon Guillemots along beach segments in Clallam County (this is part of a regional Salish Sea citizen science program[http://www.pigeonguillemot.org]).

Training (or refresher training) will be provided before surveys begin in early June. Volunteers commit to one morning hour each week for 10 weeks (through August). The Clallam Marine Resources Committee and Olympic Peninsula Audubon Society hope that sufficient numbers of returning and/or new volunteers will allow for substitutes for those taking summer vacations.

If interested, please contact Ed Bowlby (edbowlby2@gmail.com). Thanks for considering being a volunteer and please alert others who might be interested.

Ediz Hook enhanced for salmon, public use – NWTTM

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/

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