Brinnon Pleasant Harbor Update

Posted on September 17, 2023 by Al Bergstein

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

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

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

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

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

Background from the Brinnon Group website: 

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

Filed under: Environmental Protection, Land Development | Tagged: , , , | 1 Comment »

Pat Neal again denounces fish restoration projects.

Posted on September 2, 2023 by Al Bergstein

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.

Filed under: Clallam County, environmental education, Environmental Protection, fisheries, Jefferson County, Olympic Peninsula, Salmon | 5 Comments »

September 2023 Events at Fort Flagler

Posted on August 14, 2023 by Al Bergstein

Friends of Fort Flagler

Wednesday, Sept. 6th @ 9:00am 10:30am

Program: River Otter Beach Walk/Talk

Registration: https://www.eventbrite.com/e/616275967007Location: East Beach past Wansboro BatteryJoin us to learn about these cute and curious creatures that live throughout the Puget Sound.  We’ll be taking a beach walk on East Beach past the Wansboro Battery and discussing the river otter’s life cycle, behavior and where you might find them.  If we’re lucky, we may even see one!  Bring comfortable shoes, warm clothes and a rain jacket. Presenter: Jennifer Riker has a deep passion and love for the Pacific NW and all the beauty and wildlife that can be found here. She is a social worker that has also volunteered as a mountain steward with the Mt Baker/Snoqualmie National Forest and volunteered at the zoo in Seattle Jennifer loves learning everything she can about her beautiful home and all the wildlife that she is fortunate to co-exist with and continues her education taking many classes at North Cascade Institute on plants, birds, dragonflies and is a naturalist for the Mountaineers.  

Saturday, Sept. 16th @ 9:00am – 1:00pm

Program: International Beach Clean Up – Beach Grass Removal

Registration: https://www.eventbrite.com/e/691931254007Location: Lower Campground, upper part of spit next to playground.Join us to help restore our beach to a natural state.  Protecting our beaches includes removing invasive species that are choking out our natural grasses.  Friends of Fort Flagler is organizing an invasive beach grass removal on September 16th from 9am and 1pm. The Park will be giving free day passes to any volunteer who does not have state park passes. Please bring garden or work gloves and come ready to pull grass.  If you have garden hand forks and shovel, please bring as well.Naturalist Lead: Lynn Schwarz For more information about future events, volunteering, members or donations visit: //friendsoffortflagler.org/

Filed under: Admiralty Inlet, environmental education, Jefferson County, Jefferson County, Olympic Peninsula | Comments Off on September 2023 Events at Fort Flagler

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

Posted on July 14, 2023 by Al Bergstein

Bad news for the Caspian Terns on Rat Island

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

Here is the press release from Friends of Fort Flagler

Avian Flu in Jefferson County

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

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

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

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

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

Friends of Fort Flagler

Filed under: Admiralty Inlet, Environmental Protection, Jefferson County, Olympic Peninsula | Tagged: , , , , , | 1 Comment »

PT Marine Science Center- ED Bee Redfield resigns, Diane Quinn chosen as replacement

Posted on May 10, 2023 by Al Bergstein
From PTMSC: We are both sad and happy to report some important news about PTMSC. As you may know, Bee Redfield, our executive director, assumed a more limited role in February in order to prepare for her final PhD requirements at Purdue University. While this plan for a temporary hiatus was in place since her hire last spring, Bee more recently made the decision for personal reasons not to return to the ED position and asked the board to seek a replacement. She says, “I am fully dedicated to supporting PTMSC through this transition and beyond. I love PTMSC, the team, and the Port Townsend community, and I am so grateful for the time that I spent with you all.” The board appreciates Bee’s exemplary performance as ED and is grateful for her many accomplishments. And Bee’s achievements are many. Her biggest legacy will probably be what we think will become an iconic landmark in Port Townsend: a gray whale skeleton on Union Wharf which is scheduled to be installed this summer. She also expanded the Future of Oceans lecture series, oversaw new programming at the Flagship Landing building downtown, and strengthened the internal systems of the organization.Upon receiving the news, the board carefully assessed the organization’s evolving needs and prioritized the talents, skills, knowledge, and experience that the ideal ED candidate would bring to the job at this time. They recognized that this talent existed within the organization and were delighted when Diane Quinn, our Program Director of over six years, accepted the position. 
Diane Quinn, PTMSC's new Executive DirectorQuinn brings extensive leadership experience from her two decades at the Burke Museum in Seattle. As Director of Education, she helped to expand the scale, budgets and impacts of school and public programs. She nurtured innumerable community partnerships, contributed to the development of major exhibitions and participated in long-term, new museum planning resulting in a major capital campaign.Quinn’s long relationship with PTMSC started in 1998 when the Burke and PTMSC collaborated on a new exhibit at Fort Worden. She remembers, “In working with Libby Palmer, Judy D’Amore, and Anne Murphy, the founders and founding executive director, it was clear that the organization has a unique role in the local community, that community marine science centers have a critical role in the broader community of practice, and that change for the better happens in communities and in the world through sustained effort and commitment.”Besides her track record of successful regional collaborations, and her pre-existing relationships with many community leaders, Diane has developed a deep mutual trust between herself and the PTMSC staff over the past six years in her role as Program Director. Her comprehensive knowledge of the organization, especially in terms of program and operations, as well as her experience with creative program design and organizational transformation, makes her an ideal fit for the top leadership position at this time in PTMSC’s journey. We are all very excited about the future of PTMSC and thank you for your part in making that future possible.

Filed under: Around the Sound, environmental education, Jefferson County, Port Townsend | 1 Comment »

Event: Northern Elephant Seals in the Pacific Northwest virtual program

Posted on December 31, 2022 by Al Bergstein

Northern Elephant Seals in the Pacific Northwest virtual program on January 25th@7pm

Registration: https://www.eventbrite.com/e/northern-elephant-seals-in-the-pacific-northwest-tickets-483953085707

Please join the Friends of Fort Flagler to learn more about Northern elephant seal natural history and distribution. We will also discuss common causes of stranding in Northern elephant seals, field assessments and our recent hospital cases.

Presenters:

Casey Mclean has over 12 years’ experience working with marine animals, and is the Executive Director of SR3, Washington’s first dedicated marine animal hospital.  SR3 is a nonprofit organization that focuses on response, rehabilitation and research of local marine wildlife. The hospital opened the summer of 2021 and immediately started helping harbor seals. is fall they will be opening a marine animal hospital in the Des Moines marina, just south of Seattle. To learn more about SR3, visit https://www.sealifer3.org/

Michelle Rivard is the veterinarian for SR3.  Dr. Michelle Rivard is an aquatic animal veterinarian focused on clinical medicine, pathology, and health of free-ranging marine mammals. In her role at SR³, Michelle provides medical management and care of stranded aquatic wildlife, performs postmortem examinations, and participates in ongoing research projects.  Michelle attended veterinary school at Michigan State University. 

Friends of Fort Flagler is a non-profit organization dedicated to the restoring, preserving and protecting the natural and historic resources of Fort Flagler State Park. Please support our state park by becoming a member, volunteering or donating to our organization. To learn more, visithttps://friendsoffortflagler.org/.

Filed under: environmental education, Environmental Science, Events, Jefferson County, Olympic Peninsula, Port Townsend | Comments Off on Event: Northern Elephant Seals in the Pacific Northwest virtual program

Port Townsend City Council recognizes rights of whales in WA

Posted on December 6, 2022 by Al Bergstein

On Monday night, the Port Townsend mayor and city council took the step to declare that the Southern Resident Orcas have inherent rights. Port Townsend is the first county in Washington State to take this step, in a growing movement known as the Rights of Nature. The “Rights of Nature” framework is the recognition that Nature is a living being and rights-bearing entity. Rights recognition takes Nature out of the realm of property.

Mayor David Faber, Patrick Johnson of QUUF and members of the North Olympic Orca Pod

Patrick Johnson of the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship read the following:

On behalf of Legal Rights for the Salish Sea, Earth Law Center, and our friends and supporters at the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship, and the North Olympic Orca Pod, we’d like to extend our heartfelt thanks and appreciation to Mayor Faber and the members of the Port Townsend City Council for supporting this proclamation recognizing the inherent rights of the Southern Resident Orcas. We have been asking our decision makers to take BOLD action to save these unique and critically endangered orcas, and tonight YOU have done that! Your leadership and compassion for Nature will be a model for other city/county councils to follow. This is historic! 

Central to a “Rights of Nature” framework is the recognition that Nature is a living being and rights-bearing entity. Rights recognition takes Nature out of the realm of property. It reflects an inseparable human-Nature relationship rooted in mutual enhancement and holism rather than dominion, subjugation, and exploitation. Rights of Nature, therefore, offers a framework in line with natural law and science, allowing us to properly respect and value Nature (intrinsic values) as decision making occurs. Over twenty countries already embrace Rights of Nature concepts at some level of government.

In 2018, the Affiliated Tribes of Northwest Indians (comprised of American Indians/ Alaska Natives and tribes in Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska) passed Resolution #18-32 recognizing a sacred obligation to the Southern Resident Orcas, “our relatives under the waves.” The Resolution explains that the sacred obligation “to ensure all our relations are treated in a dignified manner that reflects tribal cultural values that have been passed down for countless generations” is to be understood in the context of “an inherent right and a treaty right, and in terms of indigenous ways of knowing the natural law” as embodied in their relationship to the Southern Residents. 

At a more fundamental level, recognizing the Southern Residents’ inherent rights shows that we as a society value them as living beings. It shows that when we say we want to prevent their extinction, we mean it. This will undoubtedly require changes in the way we do business; opening space for innovations so that we can have a future with clean rivers, ocean and seas, and healthy habitats for humans, animals and plants alike. 

We would not be here without the pioneering work and commitment to Ocean Rights by Michelle Bender and Elizabeth Dunne at the Earth Law Center. Many thanks to our friends at the Center for Whale Research, especially Ken Balcomb; Dr. Debra Giles at Wild Orca; and Howard Garrett, Susan Berta and Cindy Hansen, and everyone at the Orca Network. 

The following is the proclamation of the city of Port Townsend:

Press Release from the Earth Law Center

Port Townsend, WA (December 6th, 2022)—Yesterday evening, Port Townsend’s Mayor David J. Faber signed a Proclamation describing the City of Port Townsend’s support for action by local, state, federal and tribal governments that secure and effectuate the rights of the Southern Resident Orcas.

The Southern Resident Orcas (“the Orcas) are culturally, spiritually, and economically important to the people of Washington State and the world. However, despite federal legal protections for nearly two decades, the population continues to decline and is critically endangered, with only 73 individuals left in the wild.

The Proclamation states that the Southern Resident Orcas possess the inherent rights to: “life, autonomy, culture, free and safe passage, adequate food supply from naturally occurring sources, and freedom from conditions causing physical, emotional, or mental harm, including a habitat degraded by noise, pollution and contamination.”

Kriss Kevorkian of Legal Rights for the Salish Sea (LRSS), with the help of Patrick Johnson, of the Green Sanctuary Environmental Action Team from Quimper Unitarian Universalist Fellowship, introduced the idea of the Proclamation. “We are so grateful to the Mayor and City Council of Port Townsend for taking bold action to save these unique and critically endangered Orcas.” says Kriss Kevorkian, founder of LRSS.

Legal Rights for the Salish Sea partnered with Earth Law Center (ELC) in 2018 and are working to educate local communities on a new legal tool to protect Nature and communities – Rights of Nature. Together, they are leading a campaign to gain support for recognizing the rights of the Orcas at the local and Washington State level, and to take immediate actions to protect and restore the Orcas’ rights by addressing their main threats to survival.  “Recognizing the Southern Residents’ legal rights means that we must consider their wellbeing and needs in addition to human interests in decision making, and that they will have a voice in a variety of forums, including courts. Through their human guardians acting on their behalf and in their best interests, the Orcas will be able to express what they need to exist, thrive, and evolve,” explained Elizabeth Dunne, ELC’s Director of Legal Advocacy. “When structures such as the lower Snake River dams interfere with the Southern Residents’ ability to obtain prey (salmon) crucial for their survival, then to realize their rights we must find solutions to remedy the problem,” said Dunne. 

Legal rights for species and their habitats is not new. Hundreds of Rights of Nature laws exist in approximately 30 countries. Both San Francisco and Malibu passed resolutions protecting the rights of whales and dolphins in their coastal waters in 2014; New Zealand’s Government legally recognizes animals as ‘sentient’ beings; the Uttarakhand High Court of India ruled that the entire animal kingdom are legal entities with rights; and the United Kingdom now recognizes lobsters, crabs, and octopus as sentient beings.

Howard Garrett, co-founder of the Orca Network, supports this effort because he sees recognizing the Southern Residents’ inherent rights as “essential to the orcas’ survival and well-being. Without this recognition, people will continue to put economic and self-interest above the Southern Residents’ very survival.”

“Over the past few years, we have continued to see the population decline, and actions to recover the population have been slow and piecemeal. Business as usual is not working” says Michelle Bender. “We thank the leadership of Port Townsend and hope more local communities support a call for policies that give the Orcas, and all Nature, a voice in decision making and a seat at the table.”

This effort is also supported by an online change.org petition and declaration of understanding, of which over 10 organizations have signed onto.

Earth Law Center created a toolkit to help advocates introduce a resolution to their local communities, share the campaign on social media and other helpful talking points. You can take action and view the toolkit here.

#         #         #

Earth Law Center (www.earthlawcenter.org) works to transform the law to recognize and protect nature’s inherent rights to exist, thrive and evolve. ELC partners with frontline indigenous people, communities and organizations to challenge the overarching legal and economic systems that reward environmental harm, and advance governance systems that maximize social and ecological well-being.

Legal Rights for the Salish Sea (LRSS- http://legalrightsforthesalishsea.org/) is a local community group based in Gig Harbor, WA, founded by Dr. Kriss Kevorkian, educating people to recognize the inherent rights of the Southern Resident Orcas. Under our current legal system humans and corporations have legal standing but animals and ecosystems don’t. We believe that animals and ecosystems should also have legal rights, not just protections that can be changed by different administrations.

Filed under: Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, Events, Government, Jefferson County, Jefferson County, Olympic Peninsula, Orcas | 1 Comment »

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

Posted on November 18, 2022 by Al Bergstein

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.

2022-11-17 Industrial Shellfish SlidesDownload

Filed under: Aquaculture, Clallam County, Environmental Activism, environmental education, Environmental Law, Environmental Protection, Jefferson County, Olympic Peninsula, Puget Sound, Straits of Juan de Fuca | Tagged: , , | 1 Comment »

Event: Birding in the Park: Fort Flagler

Posted on November 5, 2022 by Al Bergstein

Birding and nature tours are now being held on the 4th Saturday of each month. Wear sturdy footwear and dress for changeable weather. bring binoculars and your own water.

Registration: Please send Bev an email, subject: Birdwatching Walk to Bevybirds53@gmail.com and she will plan directly with you. Please note this program is dependent on good weather.

Presenter: Beverly McNeil, Admiralty Audubon trip leader and photographer, has been conducting bird walks at Fort Flagler. Beverly’s photographs are displayed at the Port Townsend Gallery: http://porttownsendgallery.com/artists/beverly-mcneil/.

Friends of Fort Flagler is a non-profit organization dedicated to the restoring, preserving and protecting the natural and historic resources of Fort Flagler State Park. Please support our state park by becoming a member, volunteering or donating to our organization. To learn more, visit https://friendsoffortflagler.org/.

Filed under: environmental education, Events, Jefferson County | Comments Off on Event: Birding in the Park: Fort Flagler

Port Townsend Paper Mill Acquired by Atlas Holdings

Posted on October 12, 2022 by Al Bergstein

The parent company of Port Townsend Paper Mill, Crown Paper, has been acquired by a holding company out of Greenwich, Connecticut named Atlas Corporation. Atlas is a holding company that owns many natural resource companies, including recent acquisition of Foster Farms chicken processing. They also own and operate a diversified group of manufacturing and distribution businesses around the world. Many of these businesses are paper mills and many more operate in related industries, such as packaging, printing, and receipts and labels.

With Crown, Atlas now owns and operates 26 manufacturing and distribution businesses with approximately 50,000 associates across more than 300 global locations. While Atlas was founded in 2002, many of their companies have been in business for more than 100 years and are pillars of their local communities.

From their press release:

“Atlas has a long and established track record of investing in the pulp, paper and packaging industries, partnering with exceptional leadership teams to revitalize and strengthen companies for the long term. We’ve invested significant resources and partnered with companies at an inflection point in their journey, and we view Crown as another opportunity to put this experience to work. Today, these companies, including Finch Paper, Iconex, Marcal, Millar Western Forest Products and Twin Rivers Paper Company, are leaders in their markets,” added Atlas Partner Sam Astor.

“Atlas has owned and operated businesses that have similar operations and footprints as Crown, including paper mills, packaging manufacturers and wood products leaders with operations in the U.S. and Canada. In each case, these companies have been strong economic engines in their local economies. As such, we bring a unique set of capabilities and relevant experience to our partnership with Randy and the Crown Team,” said Janet O’Neil, Senior Vice President at Atlas Holdings.

Atlas also announced the appointment of paper and packaging industry executive Randy Nebel as Chairman of the Crown Board of Directors. Nebel has extensive experience in the sector, having previously served as President and Chief Executive Officer of Verso Corporation (NYSE: VRS), a leading North American producer of graphic, specialty and packaging paper and market pulp, and President of Longview Paper & Packaging, a leading manufacturer of high-quality containerboard, corrugated products and other specialty papers.

Port Townsend Paper Corporation is a leading provider of high-quality recycled and virgin kraft containerboard, kraft pulp and specialty products in Port Townsend, Washington. The two converting facilities, known as Crown Packaging and Boxmaster, operate with extensive customer reach and distribution capabilities throughout British Columbia and Alberta. 

Filed under: Jefferson County, Port Townsend | Tagged: | 1 Comment »

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

Posted on October 12, 2022 by Al Bergstein

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) 

Filed under: Clallam County, Jefferson County, Olympic Peninsula, Projects | Comments Off on $1B up for grabs to help salmon get to where they’re going – KUOW

Over-the-counter pesticides found in islands’ forage fish-San Juan Journal

Posted on September 12, 2022 by Al Bergstein

Very troubling findings in a recent research on pesticides found in Sand Lance which are fish eaten by many higher level predators. Please do not use pesticide sprays like this for carpenter ants and other insects. You likely are poisoning yourself and the environment.

An intriguing sidelight of the Kwiaht study is a finding that sand lances collected closest to Admiralty Inlet, the entrance to Puget Sound, were on average twice as contaminated with pyrethroid pesticides as sand lances collected on the north side of San Juan County closest to the Fraser River plume.

https://www.sanjuanjournal.com/news/over-the-counter-pesticides-found-in-islands-forage-fish/

Filed under: Admiralty Inlet, Environmental Science | Tagged: , , , , | 4 Comments »

Study raises questions about using ‘woody debris’ to restore streams -Salish Currents

Posted on September 1, 2022 by Al Bergstein

Some of the woody debris projects work, some don’t. The reasons why are not yet known.


“Efforts to improve salmon streams damaged by past logging and other human activities commonly include the addition of carefully placed logs, tree roots or “woody debris” to mimic this natural system. But a new report raises questions about the value of adding wood to streams — at least in the way it has been done in many restoration projects.”. Chris Dunagan reports. (Salish Sea Currents)

Filed under: Around the Salish Sea, Environmental Science, Jefferson County, Olympic Peninsula, Projects | 2 Comments »

Job Opening: Olympic Coast National Marine Sanctuary

Posted on July 12, 2022 by Al Bergstein

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

Filed under: Clallam County, Jefferson County, Jobs, Olympic Peninsula | Comments Off on Job Opening: Olympic Coast National Marine Sanctuary

Pleasant Harbor opponents ask State AG and Federal Consumer Protection Bureau for investigation into sales activities

Posted on June 13, 2022 by Al Bergstein

Since 2006 a Master Planned Residential Resort (MPR) has been in the planning stage by the Canadian Stateman Group, on what is known as Black Point in southern Jefferson County along the Hood Canal. The MPR, 15 miles south of the Hood Canal Bridge, was proposed as an approximate 256-acre destination resort with golf course. The county granted (against much opposition) a land use designation in 2008, and in 2018 approved new zoning and a “Development Agreement”. Despite the go ahead from the county, the Statesman Group has only recently logged the land and has now been marketing the not yet built development. The Brinnon Group, which was formed in opposition to the proposed development, has now asked the State Attorney General and Federal Consumer Protection Bureau to investigate the sales and marketing efforts.

Black Point aka Pleasant Harbor Master Planned Residential Resort – left and center of Peninsula stretching over to marina on upper right. Logged area for golf course can be seen in mid center. Photo courtesy of The Brinnon Group.

The Brinnon Group points out several points of concern.

The county amended their development agreement with Statesman under court order, due to an appeal by Statesman of the original zoning and agreement. The amendment required each phase of development to “contain adequate infrastructure, open space, recreational facilities, landscaping” and other conditions “to stand alone if no subsequent phases are developed.”

Further, the Development Agreement requires ten features of combined infrastructure and resort/recreational amenities be developed before residential units can be built and sold. However, as of this date, none of these infrastructure/amenities have been constructed; the Brinnon Group state that no permit applications have even been filed for necessary features of Phase 1 of the proposal. No water/sewer district has been formed and no sewer treatment plant or water system has been permitted, constructed or installed. No permits have been filed for construction of the staff quarters. No road system has been constructed and no improvements made to the intersection of Black Point Road and Highway 101, the only entrance to the project.

The ten features the agreement states for Phase 1 “required that substantial resort infrastructure and recreational facilities be constructed as follows:

  • Clearing and construction of the golf course.
  • Construction of the road network.
  • Road improvements at Highway 101 and Black Point Road.
  • Wastewater Treatment Plant.
  • Water Storage Tank and distribution piping.
  • Sanitary Sewer Pump Stations.
  • Begin Implementation of Vegetation Management Plan.
  • Construction of Community/Recreation Center, with 208 short term hotel rooms, spa services, pool, water slides, commercial space and sports courts.
  • Construct residential units with 52 units of staff quarters for those working at the facility.
  • Form a water and sewer district.”
    • Only if these amenities and infrastructure elements are completed can the developer construct and sell approximately 252 units of residential housing.
    • As of this month, according to the Brinnon Group’s letter, none of these infrastructure/amenities have been constructed. (emphasis in original email from Brinnon Group.)
  • Additionally, the planned 208 room hotel, complete with premised water slides, spa services, commercial space and sports courts is not constructed, and no building permit applications have been filed.
  • The only progress on Phase 1 is logging (and timber sale) for golf course fairway areas
  • Construction of any sewer and water facilities requires approval of the State Department of Health (DOH). Though application materials were sent to DOH, they were incomplete, as described in a letter from DOH dated September 22, 2020. A recent inquiry to DOH by the Brinnon Group shows no additional material submitted by Statesman.
  • The Brinnon group points out that despite the issues listed above, the Statesman Group have begun marketing efforts.
    • They have constructed a web site.
    • They have put a 6 minute sales video out.
    • Sent out a mass mailer in the Seattle area.

The Brinnon Group points out that both the website and the “Seattle Signal” mass mailing contain multiple inaccuracies and statements which are not – and will not be – accurate within any reasonable time. The five numbered items in the mailing,  “Vista Lots, Sea View Villas, Terraced Lofts, the Inn by the Sea and the Maritime Village” are all described for purchase or lease real estate interests. There is no indication, according to the Brinnon Group,  that these facilities are permitted or constructed, and the brochure does not explain the ten elements of Phase 1 of the PHMPR that must be constructed before the real estate interests can be sold. There is apparently no opportunity offered for prospective buyers to inspect the property.

Additionally, the marketing mailing states that, “While some are golfing or enjoying REJUV-Health, others benefit from the Recreation Center’s indoor pools, skating and hockey rink, indoor soccer, racquetball and numerous training facilities for league sport, as well as the Family Fun Center,”  

However, this recreation center is not constructed and there are apparently no permit applications with Jefferson County, nor even basic plans for the facility, according to the Brinnon Group letter.

The website claimed that “Our Health Center includes an approved surgical operatory for various endoscopic day procedures such as those related to ear-nose-throat procedures, general surgeries, plastic surgery plus urology & gynecology and minor orthopedic procedures.” The Brinnon Group could find no plans nor permits for construction of such a facility.

The Brinnon Group goes on to state, “Even Phase 1 of the PHMPR involves a very expensive proposal with a multi-year permitting and construction program. However, substantially no progress has been made on moving this project forward in the three years since the Development Agreement was approved, after modifications required by the Superior Court. There is every indication that Statesman lacks the financial wherewithal to complete this venture, much less even initiate it.”

A question also is raised by the Brinnon Group as to whether the Statesman Group has the financial resources needed to build this development. Their concern comes from a 2016 proposal made by the Statesman Group that said, “In order to finance this community resource, Pleasant Harbor Marina & Golf Resort LLP (PHM) will be seeking County and State of Washington support, where the stakeholders would all benefit from the increased attraction in the community.”

The proposal included requesting a $2,000,000 grant from Jefferson County and a $9,250,000 grant from the State of Washington from “the Washington State Utility Trust, a Recreational Community Grant . . .” Statesman further proposed that the State “would sponsor through the Federal Government a Tax Exempt Municipal Improvement Bond for $26.5 million dollars at a loan to PHM.” Given the non-existent financial arrangements proposed, neither the State nor Jefferson County advanced any funds, much less the $37,750,000 requested. Indeed, Statesman asked local governments in British Columbia to provide similar financial support in the amount of about $40 million for the recreational center at its Pine Ridge resort, which unsurprisingly was declined by Canadian officials.

The Brinnon Group concludes in their letter, “Statesman, though creating the PHMPR in name, has made no progress toward the completion of facilities necessary to meet the standards of a Master Planned resort, even the basics of water and sewer services. It appears that Statesman lacks the financial resources even to build the infrastructure and amenities required by its Development Agreement. This however does not deter Statesman from wild promises and misrepresentations concerning its proposal, as found in its promotional materials and advertising, all in an apparent attempt to solicit sales of real estate interests in this proposal. The mismatch between development reality and description provided in the promotional materials is substantial. The partial development of an underfunded and half-finished resort has consequences for the community. In summary, the Brinnon Group requests that there be a full investigation of the public solicitation for the sale of interests in the Pleasant Harbor MPR and appropriate actions taken.”

We will continue to follow this story as it unfolds.

Filed under: Jefferson County, Land Development, Olympic Peninsula | Tagged: , , , , | 2 Comments »

Causeway removal meant big jump in juvenile salmon – AP

Posted on June 7, 2022 by Al Bergstein

Good news from the work done by North Olympic Salmon Coalition (NOSC) and the State.

Only six juvenile salmon were found during seining in the five years before the bridge opened. During this year’s seining, over two days in May, volunteers netted close to 1,000 juvenile salmon

https://www.knkx.org/environment/2022-06-06/causeway-removal-meant-big-jump-in-juvenile-salmon

Filed under: Endangered Species, Jefferson County, Olympic Peninsula, Projects, Salmon | Comments Off on Causeway removal meant big jump in juvenile salmon – AP

Science center to open shop in PT

Posted on March 3, 2022 by Al Bergstein

While this story is behind a paywall, worth noting that the Port Townsend Marine Science Center is finally opening their downtown location. Go check it out!

The Port Townsend Marine Science Center will open its doors to the public Friday to show off the completion of the first phase of the nonprofit organization’s move from Fort Worden State Park to downtown. About 50 people attended a crisp outdoor ceremony Wednesday that highlighted the center’s 40-year anniversary and its pledge for conservation and marine stewardship. Brian McLean reports.

(Peninsula Daily News)

Science center to open shop

Filed under: education, environmental education, Jefferson County, Olympic Peninsula, Places, Port Townsend | Comments Off on Science center to open shop in PT

Welcome to 2022 – King tides takes out shoreline homes and businesses in the Salish Sea

Posted on January 10, 2022 by Al Bergstein

In a grand “Climate Change” welcome to 2022 King tides moved into the Salish Sea along with a major storm front. The outcome was widespread destruction across a huge swath of the shorelines, from the South Sound up through British Columbia. This is just a taste of what’s ahead, as we await the break off of a huge glacier in Antarctica, and it’s subsequent melt down, which will add to sea level rise. If you have a home or business on the shoreline, now is a good time to reconsider your long term options.

Let’s do a quick overview. If there is only one thing to see, watch this video that was posted by a homeowner from Blaine on Twitter.

And KUOW coverage opens with a scary photo of a neighborhood built on the “wrong side of the tracks”.

KUOW – Sea level on steroids: Record tides flood Washington coastlines

The CBC covered the British Columbia story.

B.C. coastal communities assess damage, look to future after king tides, extreme weather wreak havoc | CBC News

This does not even begin to cover the amount of businesses that have docks that may have been destroyed, nor the simple flooding that may have occurred.

I have watched with disbelief over the last decades as more and more luxury homes have been built on spits in Puget Sound. Some examples? Three Tree Point in South King County. A more recent one in is Miller Bay near Indianola. Let’s look! These houses are really expensive and right at sea level!

Image by Google Earth

Or how about our own Beckett Point in Jefferson County?

Image by Google Earth
Beckett Point Flooding January 9, 2022 Photos by Diane Jones

Beckett Point is no stranger to flooding. It was wiped out in the 1930s by a massive wind storm. Back then it was just fishing shacks but those were replaced by homes. Bottom line, these people are living on a sandspit, at sea level, and likely their home owners insurance is provided by the Federal Government because there is no way they could afford to pay for private insurance, even if it’s available. Choosing to live here, while incredibly beautiful and usually no problem, is and will continue to be challenging.

Want to add your own and track more vulnerable communities on the Sound? Go to my little project on Google Earth. https://earth.google.com/earth/d/1ZiX9tu1nnWs16-Lwnm4CORazbgPMJJ5H?usp=sharing

It is worth remembering that these homeowners get federal insurance to live here, so our tax dollars go to help continue this behavior. Please make sure that you let our elected officials know that with rising costs due to sea level rise, we cannot continue to subsidize everyone who lives on the shore. Now is the time to end this practice and let these homeowners bear the full cost of their decision (and it is also the decision of the local land use officials and county officials).

I’ve left out the massive flooding all over western Washington and British Columbia in the last 60 days, along with wildfires in December in Colorado, and massive super tornadoes in Kentucky (can you picture a tornado 250 miles long? with winds of 94 MPH sustained over four hours and 24 minutes?). Global warming is upon us and our best situation is to begin making changes to issues like insurance and infrastructure to mitigate the worse that is yet to come in future decades.

Filed under: Around the Salish Sea, Climate Change, Global Warming, Jefferson County | Tagged: , , | 1 Comment »

The Northwest Spotted-Owl Wars: No Happily Ever After – CrossCut

Posted on December 27, 2021 by Al Bergstein

NW Environmental writer Dan Chasen puts together a good look at the Spotted Owl controversy and what is in store for the endangered bird.

So, where does this leave us? The most prominent environmental battle of the late 20th century; the most ambitious ecosystem management plan ever attempted; the most acres of critical habitat for a listed species; the only environmental conflict that has been the subject of a conference led by the President and attended by a good deal of the Cabinet; a species in a steep, scientifically-acknowledged and widely-reported decline — even with all those factors the FWS can’t find time to boost its status from “threatened” to “endangered?” This is bizarre. But hardly surprising.

https://www.postalley.org/2021/12/17/the-northwest-spotted-owl-wars-no-happily-ever-after/

Filed under: Clallam County, Environmental Activism, environmental education, Environmental Protection, Jefferson County, Olympic Peninsula | Tagged: | 1 Comment »

EVENT: “We Are Puget Sound” Photo Exhibit at PTMSC

Posted on December 21, 2021 by Al Bergstein

Washington Environmental Council is partnering with the Port Townsend Marine Science Center to bring this exhibit to the north Olympic Peninsula community. The We Are Puget Sound traveling photo exhibit will be on display at the Marine Science Center’s Flagship store in downtown Port Townsend from December 18, 2021 through February 2022.

The photo series explores people, places, and wildlife through extraordinary images, describes human connections in the past and present, and showcases community members engaged in remarkable efforts that benefit Puget Sound and all of us.  

The in-person photo exhibit will inspire and engage people on the Olympic Peninsula to join together and preserve this vital ecosystem and the livelihoods they support by focusing on one action each month from the campaign’s 10 Things You Can Do for Puget Sound.

The exhibit highlights 18 striking images from the book We Are Puget Sound: Discovering and Recovering the Salish Sea (Braided River, 2019). It also features work from  13 regional photographers showcasing individuals who are working to find meaningful solutions to protect the Puget Sound’s waters, wildlife, and the human health and economic prosperity this region supports.

Filed under: education, environmental education, Events, Jefferson County, Port Townsend | 2 Comments »

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