ACTION item: Stopping the industrialization of the Dungeness Wildlife Refuge

Posted on September 11, 2023 by Al Bergstein

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Secretary of Interior Deb Haaland that the Dungeness National Wildlife Refuge lease for industrial aquaculture must be rescinded.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.

Filed under: Aquaculture, Clallam County, Endangered Species, Environmental Law, Environmental Protection, Environmental Science, Olympic Peninsula, Sea Life, Shellfish, Straits of Juan de Fuca | Tagged: , | Comments Off on ACTION item: Stopping the industrialization of the Dungeness Wildlife Refuge

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 »

An Alaska fishery has been pitted against orcas. Can both survive? – Seattle Times

Posted on July 2, 2023 by Al Bergstein

The Seattle Times has an excellent story of the people employed in long line fishing (fishing with hooks not nets) here in Port Townsend, as they find themselves caught between the court battle between NOAA and the Wild Fish Conservancy (WFC). The WFC has sued to stop NOAA’s supposed “safe catch” limits for harvesting Chinook salmon. The numbers, as the story mentions, are depressing, with chinook down 60% over the last decades. NOAA continues to act as if almost nothing is wrong, and yet the WFC found significant flaws in their arguments, which one judge agreed with, and other judges did not. While the battle goes on in court, the folks who take chinook are usually small boat owners, as documented by the Times. I know some of these people and they are struggling to maintain the catch in an environmentally positive way, while supplying the restaurants you eat at with salmon. As the catch declines, it’s a lose-lose-lose for all of us.

While this story is behind the Times paywall, you might get a free article before being shut out. But I highly recommend you subscribe to the Times, even if the online version. Do I like their politics? Nope. But they are the last major news outlet actually sending dozens of reporters into the field for pay. That’s worth supporting.

By Isabella Breda  – Seattle Times staff reporter

PORT TOWNSEND — With her legs tucked to her chest in the wood-paneled wheelhouse of the F/V Nerka, steaming mug of coffee in hand, Tele Aadsen reminisced on the fishery that led her to meet her life and fishing partner, Joel, and helped her connect with the sea.

It has been an up-and-down year for Aadsen and other fishers who pilot their boats out of this port each June and head to the waters of Sitka, Alaska, to catch Chinook, or king salmon.

They’ve been embroiled in a court battle over the future of a fishery worth about $85 million a year, whose fleet trolls with hook and line instead of large nets, to catch salmon sold to restaurants and grocers all over the West and beyond.

Read the whole story with great photos of our local fisherpeople here>An Alaska fishery has been pitted against orcas. Can both survive? | The Seattle Times

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Court rules to allow commercial troll fishers to continue to over-harvest depleted salmon stock

Posted on June 23, 2023 by Al Bergstein

June 23, 2023— In a shocking ruling against Endangered Species protection, a Ninth Circuit Court approved a request by NOAA Fisheries, the State of Alaska, and the Alaska Trollers Association that will allow commercial troll fishers in Southeast Alaska to continue over-harvesting depleted Chinook salmon, jeopardizing the recovery of both wild chinook and critically endangered Southern Resident killer whales.

The lower Court decision was set to close the fishery beginning on July 1st, in just ten days. Now, despite numerous environmental violations and ongoing harm found by a federal District Court, the stay will allow the fishery to continue operating while the Ninth Circuit considers the case on appeal.

“The economic, ecological, and cultural cost of losing Southern Resident orcas and wild Chinook is unfathomable. It is unfortunate that the Ninth Circuit determined the short-term economic interests of Southeast Alaska commercial harvesters should be prioritized over the long-term interests of all current and future generations of First Nations, Tribal Nations, and communities throughout the Pacific Northwest who depend on these iconic species,” said Emma Helverson, Executive Director of Wild Fish Conservancy. “We are incredibly disheartened by this decision to continue the fishery while California, Oregon, Washington and British Columbia are enacting closures or severe constraints on many of the same populations due to continuing Chinook declines. We strongly advocate for consumers to avoid purchasing Chinook caught in Southeast Alaska.”

In March, a federal District Court issued a final order in a lawsuit brought by Wild Fish Conservancy against NOAA Fisheries requiring the Southeast Alaska commercial troll fishery to remain closed in the summer and winter seasons until the federal government provided a new analysis and conducted environmental review demonstrating that the fishery’s harvest plan would not continue to jeopardize endangered Southern Resident killer whales or threatened Chinook salmon.

In their ruling on remedy, the District Court considered the economic disruption that closure of the fishery would pose to Alaskan commercial fishers, yet determined protecting species threatened or endangered with extinction is the greatest priority under the Endangered Species Act. Referencing existing case law, the Court’s report and recommendation stated: “The ESA . . . did not seek to strike a balance between competing interests but rather singled out the prevention of species [extinction] . . . as an overriding federal policy objective.”

Southern Resident killer whales were listed as Endangered in 2005. Currently, there are only 73 individuals in the population, an alarming decrease from nearly 100 only 25-years ago. Reduced prey availability, specifically large and abundant wild Chinook, has been identified by killer whale experts and NOAA as the primary cause of their decline. Research has shown an alarming 69% of Southern Resident killer whale pregnancies are aborted due to insufficient prey.

“It’s possible to find creative solutions to compensate and protect the economic interests of fishers in the interim while NOAA corrects their violations,” says Helverson. “On the other hand, it’s impossible to replace Southern Resident killer whales or wild Chinook once they are gone, extinction is forever.”

In NOAA’s 2019 biological opinion evaluating the fishery’s impact on threatened and endangered species, NOAA admitted that over the last decade and persisting today, Chinook harvest in Southeast Alaska’s troll fishery is occurring at levels that are unsustainable for the long-term survival and reproductive success of both threatened wild Chinook populations and endangered Southern Resident killer whales. Still, NOAA authorized the harvest to continue at these levels relying on proposed mitigation they claimed would offset this serious harm. In summary judgement in August, the District Court overwhelmingly found the mitigation was insufficient and seriously violated the ESA and that NOAA also evaded legally required environmental review.

While the fishery occurs in Southeast Alaska marine waters, the majority of Chinook harvested in the Alaskan troll fishery are not Alaskan Chinook. Up to 97% of all Chinook harvested in the fishery are born in rivers throughout British Columbia, Washington, and Oregon. Roughly half of the fish harvested originate from the Columbia River, and many come from populations listed as Threatened under the ESA. These Chinook are harvested in their ocean nursery habitats, preventing them from reaching maturity and returning back to their homewaters where the Southern Resident killer whales encounter them. The majority of stocks harvested in the fishery are identified as priority stocks for the malnourished and endangered whale population.

“While communities throughout the coast have closed fisheries and made significant economic sacrifices to protect threatened and endangered Chinook populations in their home rivers, these same depleted populations are being harvested far from home in Southeast Alaska where they are marketed and sold as sustainable Alaskan Chinook,” says Helverson. “While this case is about conservation, it’s also about equity and we will continue to advocate for the conservation burden of protecting and restoring these species to be more equally shared by all communities who depend on them.”

“We know yesterday’s decision is concerning to so many who have been following this case and working tirelessly to recover our beloved Southern Resident killer whales and wild Chinook populations. Despite this temporary setback, the appeal process is just beginning and we remain dedicated to advocating for the recovery of these iconic species through every avenue possible,” says Helverson.

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Federal Court Rules on Overharvest of Salmon

Posted on May 10, 2023 by Al Bergstein

From Wild Salmon Conservancy. A major ruling with far reaching impacts.

May 3, 2023— Yesterday, in an international, coastwide environmental victory, Seattle federal Court issued a landmark order halting the overharvest of Chinook salmon in Southeast Alaska that has persisted for decades, jeopardizing the survival of federally-protected Southern Resident killer whales (SRKW) and wild Chinook populations coastwide. This significant decision will immediately allow the starving Southern Resident population far greater access to these Chinook which are the whale’s primary prey, marking a turning point for their recovery.

“This Court decision is the largest victory for Southern Resident killer whale recovery in decades and will be celebrated internationally. After years of inaction by our federal government to address the prey crisis facing the Southern Residents, Judge Jones’ decision will finally provide starving orcas immediate access to their primary prey,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “What’s more, by allowing far more wild Chinook to return home to their spawning grounds, this action is also helping to recover and restore wild Chinook from rivers throughout Oregon, Washington, and British Columbia, essential to rebuilding both populations in the long-term.”

On Tuesday, U.S. District Judge Richard A. Jones issued a final ruling in Wild Fish Conservancy’s lawsuit agreeing that halting the summer and winter seasons of the Southeast Alaska Chinook troll fishery is the most appropriate remedy. The Court subsequently remanded NOAA Fisheries’ inadequate biological opinion in order for the agency to address the serious underlying violations of environmental law previously found by the Court.

In that biological opinion evaluating the fishery’s impact on threatened and endangered species, NOAA admitted that over the last decade and persisting today, Chinook harvest is occurring at levels that are unsustainable for the long-term survival and reproductive success of both threatened wild Chinook populations and endangered Southern Resident killer whales. Still, NOAA authorized the harvest to continue at these levels relying on proposed mitigation they claimed would offset this serious harm. In summary judgement in August, the Court overwhelmingly found the mitigation was insufficient and violated the Endangered Species Act (ESA) and that NOAA failed to conduct legally required environmental review of the mitigation, which would include opportunities for public input and an evaluation of alternatives, such as reductions in harvest.

Southern Resident killer whales were listed as Endangered in 2005. Currently, there are only 73 individuals in the population, an alarming decrease from nearly 100 only 25-years ago. Reduced prey availability, specifically large and abundant wild Chinook, has been identified by killer whale experts and NOAA as the primary cause of their decline. Research has shown an alarming 69% of Southern Resident killer whale pregnancies are aborted due to insufficient Chinook salmon and inbreeding depression has been identified as a growing threat to the population’s survival and recovery.

“This is unbelievable news, yet so long in coming,” said Wild Orca’s Science and Research Director, Dr. Deborah Giles. “The high pregnancy failure rate within the Southern Resident killer whale population is linked to poor nutrition, so having more fish returning to their home waters in British Columbia, Washington, and Oregon, will increase the whales’ prey base and improve their chances of giving birth to healthy calves.”

In an expert declaration evaluating the effect of the troll fishery’s harvest on the Southern Resident population, modeling by Dr. Robert E. Lacy projected closing the fishery would increase prey availability by approximately 6%, which would be enough to stabilize the population and stop their decline toward extinction, though additional actions would be required to begin to grow the population. The Court stated: “Though there is uncertainty as to how much prey would ultimately reach the SRKW, the record before the Court suggests that closure of the fisheries meaningfully improves prey available to the SRKW, as well as SRKW population stability and growth, under any scenario.” As a result of yesterday’s decision, approximately 172,000 Chinook that would have been harvested or indirectly killed in the 2023 summer and winter seasons of the Southeast Alaska troll fishery will now be able to continue their historical migration south to home spawning grounds and into the whale’s key foraging areas.

“Dr. Lacy’s findings suggest that the single action of closing this fishery would increase prey availability enough to stabilize the Southern Resident population. Stopping the precipitous decline of the whales toward extinction is the highest priority toward recovery efforts. These findings clearly demonstrate that Chinook harvest in Southeast Alaska’s troll fishery is contributing to the decline of the whales, validating why the Court’s decision is so critically important to the survival of this population,” says Helverson.

While the fishery occurs in Southeast Alaska marine waters, most people are unaware that up to 97% of all Chinook harvested in the Southeast Alaska troll fishery migrate from rivers throughout British Columbia, Washington, and Oregon. Roughly half of the fish harvested originate from the Columbia River, and many come from populations listed as Threatened under the ESA. Currently, these Chinook are harvested in their ocean rearing habitats preventing them from migrating back into southern waters where the Southern Resident killer whales encounter them. Majority of stocks harvested in the fishery are identified as priority stocks for the Southern Residents.

“Alaskan fishers should not be blamed for NOAA’s chronic mismanagement of this fishery, and we are sincerely sympathetic to the burden this decision will pose to Southeast Alaskan communities,” says Helverson. “However, this decision will finally address decades of harm and lost opportunity this overharvest has caused to fishing communities throughout British Columbia, Oregon, and Washington who depend on these fish, particularly Tribal and First Nations. In addition to the unparalleled benefits to killer whale and Chinook recovery, the Court’s decision is addressing this historic inequity and restoring control to coastal communities of the destiny of salmon recovery in their home watersheds.”

“The underlying harvest issues in this case are not an anomaly, but rather just one example that demonstrates the problems caused when harvest occurs in the ocean where it is impossible to avoid unintentionally harming threatened and endangered populations or intercepting high proportions of salmon from rivers coastwide,” says Kurt Beardslee, Director of Special Projects. “Scientists are increasingly calling for harvest reform measures that shift harvest out of the ocean and into fisheries in or near each river of origin where salmon return, providing fisheries managers and coastal communities the ability to manage recovery with far greater accuracy and success.”

Filed under: Around the Salish Sea, Endangered Species, Environmental Activism, Environmental Law, fisheries, Orcas, Salmon | Comments Off on Federal Court Rules on Overharvest of Salmon

WA DNR Partners with Sustainable Blue to Identify Opportunities for On-Land Aquaculture for State Lands

Posted on April 16, 2023 by Al Bergstein

This is a progressive step by the Department of Natural Resources to explore the implementation of land based aquaculture. It’s been my impression following this over the years that Sustainable Blue and others like it have not yet become profitable in this industry, but I may be not informed on recent financials. They are a small company in Nova Scotia and their website does not appear to have been updated in over a year. They sell their sustainably raised salmon online and apparently in outlets in Nova Scotia and New Brunswick. It’s unclear of whether they have garnered support from the regional restaurant industry, as Chef Tom Douglas of Seattle has been deeply involved is supporting the Alaska salmon market. We can hope this partnership can lead to something that benefits tribes like the JamesTown S’Klallam, who are already in partnership with others on raising black cod in the area.

Note that this only is an exploration of land-based sites. There is no mention of costs to be incurred by the State or Sustainable Blue. No mention of the amount of staff to be assigned. Does Commissioner Franz expect that there will be a variety of sites selected and that then, what? Will the state build the facilities or signal it’s intent to support industry to build on these sites? If these fish are significantly more expensive, how will this succeed in the market? It is worth noting that the JamesTown have announced a lawsuit against DNR for the end of leasing fish farms in the state, this could be seen as simply a tactic in the lawsuit.

Commissioner of Public Lands Hilary Franz signed today a partnership agreement with Nova Scotia-based Sustainable Blue, a zero discharge, land-based salmon farming company, to identify opportunities for siting sustainable finfish aquaculture in Washington State. 

“I’m excited to bring this partnership to Washington,” said Commissioner Franz. “This agreement represents an important step toward restoring finfish aquaculture in a sustainable, healthy way that does not pit farmed fish against the native salmon we all work so hard to sustain.” 

The letter of intent launches an exploration of land-based sites managed by the Washington State Department of Natural Resources (DNR) that would be suitable for closed-containment aquaculture on state-owned lands. DNR manages 2.6 million acres of state-owned aquatic lands on behalf of the people of Washington, along with 2.1 million acres of upland public lands. 

The 2017 collapse of finfish aquaculture net pens off Cypress Island made clear the dangers that open water commercial finfish aquaculture facilities pose to native salmon and their habitat. Citing this event and other operational and maintenance issues that have been documented from the four open water net pen aquaculture facilities in Washington’s waters, Commissioner Franz last year announced such commercial facilities would no longer be leased on state-owned aquatic lands. 

Sustainable Blue is the longest-running commercial zero-discharge Recirculating Aquaculture System (zRASTM) in North America. The Sustainable Blue zRAS recirculates 100% of its salt water, creates zero discharge to local waterways and communities, eliminates any potential for escapes, and offers a value-added proven model for aquaculture. 

“This is a different path forward, and we’re thrilled to have the State of Washington on board to chart this new path in the United States,” says Kirk Havercroft, CEO of Sustainable Blue. “What we know is that all RAS systems are not created equal; Sustainable Blue offers a proven, long-running, zero discharge system that provides food security and economic stimulation, as well as consistency in product and market supply.”

With this letter of intent, Commissioner Franz and DNR signal their continued commitment to sustainable, market-based solutions that benefit the citizens of Washington while protecting the state’s natural capital. The agreement also represents the first step in a long-term partnership to explore multiple facility locations that are not reliant on marine or watershed environments.

Commissioner Franz plans to begin site exploration later this spring. “We know finfish aquaculture can be a great source of food and employment. But we have to balance those benefits with protecting our significant investments in restoring salmon and their habitat,” said Commissioner Franz. “I’m excited by this opportunity to do both.” 

###

About Sustainable Blue

Founded in 2007 in Nova Scotia, Canada, Sustainable Blue is the longest-running commercial zero-discharge Recirculating Aquaculture System (zRAS) in North America. Through nearly 30 years of extensive research and development, Sustainable Blue has eliminated the need that is typical in a traditional RAS to discharge wastewater back into the ocean, making it the only land-based saltwater aquaculture facility in the world to do so. Waste solids are instead separated and used to generate electricity (with additional use cases currently being researched and developed). The wastewater is cleaned and returned back to the facility, all resulting in zero discharge back into the environment. The company’s proprietary aquaculture model was created by Dr. Jeremy Lee and is designed to mirror nature’s complex ecosystem found in oceans and waterways, but on land, protecting wild salmon populations from both disease and overfishing.  Because Sustainable Blue’s system is fully self-contained, the salmon are free of sea lice and other fish diseases, meaning they require no antibiotics. Led by CEO Kirk Havercroft and Chief Sustainability Officer David Roberts, Sustainable Blue has been raising and processing salmon at its Nova Scotia headquarters for the past 15 years, supplying to the region’s restaurants, fishmongers and retailers.

Filed under: Around the Salish Sea, fisheries, Salmon | 1 Comment »

Court Recommends Halting Alaska’s Unsustainable Harvest to Protect Wild Chinook and Southern Resident Killer Whales

Posted on December 16, 2022 by Al Bergstein

Yesterday, The federal court in Seattle issued a landmark decision. The outcome of this is still to be determined. But it likely means an end to Chinook harvest in Alaska. NOAA has been losing in court due to their lack of rigorous science behind their decisions. This lawsuit was brought by the Wild Fish Conservancy, one of the most effective environmental organizations in the Pacific Northwest. If you want to support their work, it’s a good time to donate.

More to come on this. 

December 16, 2022— In a massive international and coast-wide decision for wild Chinook and Southern Resident killer whale recovery, Seattle’s federal Court issued a landmark opinion on Tuesday that recommends terminating unsustainable commercial salmon harvest that has persisted for decades until new environmental reviews of those fisheries occur. Overfishing was found in a previous ruling to illegally harm the recovery of both endangered Southern Resident killer whales and wild Chinook salmon across the Pacific Northwest.


On Tuesday, U.S. Magistrate Judge Michelle Peterson issued a report and recommendation on Wild Fish Conservancy’s lawsuit, agreeing that halting the summer and winter seasons of the Southeast Alaska Chinook troll fishery is the most appropriate remedy. Simultaneously, the judge found the federal government’s inadequate biological opinion should be remanded back to NOAA in order for the agency to address violations of environmental law.


In August, U.S. District Court Judge Richard A. Jones issued a stunning summary judgment based on a previous report and recommendation by Magistrate Peterson confirming that NOAA violated the law by improperly relying on undeveloped and uncertain future mitigation to offset ongoing overfishing authorized by NOAA.


In their most recent analysis of this fishery’s impact on threatened and endangered species, NOAA admits that over the last decade and continuing today, Chinook harvest is occurring at levels that are unsustainable for the long-term survival and reproductive success of both threatened wild Chinook populations and endangered Southern Resident killer whales. The overharvest of the whales’ prey has been ongoing for decades.


“The benefits to wild Chinook and Southern Resident killer whale recovery from the Court’s action cannot be overstated,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “If adopted by the District Judge, this recommendation will result in the first scientifically-proven recovery action in the Pacific Northwest to immediately provide Chinook for starving killer whales. The decision will also recover and restore the larger and more diverse life histories of wild Chinook these whales evolved to eat, which are fundamental for rebuilding both populations.”


While these Chinook are harvested in Southeast Alaska marine waters and currently certified by major U.S. seafood certifiers as ‘sustainable wild caught Alaskan Chinook’, approximately 97% of all Chinook harvested in the Southeast Alaska troll fishery actually originate from rivers throughout British Columbia, Washington, and Oregon. Currently, these Chinook are harvested prematurely, before they can migrate back into southern waters where the Southern Resident killer whales encounter them. In 2021, the fishery of concern harvested approximately 150,000 Chinook, many of which were listed as threatened under the Endangered Species Act.
For the first time in decades, Magistrate Peterson’s recommendation to terminate this fishery would finally allow these Chinook to migrate back down the coast and pass through the Southern Resident killer whales’ key foraging areas. Similarly, this action would support the coastwide recovery of wild Chinook stocks by allowing far more wild Chinook to return and spawn in rivers in B.C., Washington, and Oregon.


“I want to emphasize that Alaskan fishers are not to blame for NOAA’s chronic mismanagement of this fishery, and we are sympathetic to the burden this decision may pose on Southeast Alaskan communities,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “However, it’s critical to also acknowledge that for decades this fishery has harvested majority non-Alaskan Chinook at unsustainable levels with cascading and coastwide consequences for fishing communities throughout British Columbia, Oregon, and Washington. In addition to the unparalleled benefits to killer whale and Chinook recovery, the Court’s decision will restore more control to communities over the recovery of their local Chinook salmon populations, particularly tribal people and First Nations.”


Southern Resident killer whales were listed as Endangered in 2005. Currently, there are only 73 individuals in the population, an alarming decrease from nearly 100 only 25-years ago. Reduced prey availability, specifically large and abundant Chinook, has been identified by killer whale experts and NOAA as the primary cause of their decline.


“With less fishing in Alaskan waters, more Chinook can return to spawn in their home rivers in British Columbia, Washington, and Oregon,” said Dr. Deborah Giles, Science and Research Director at Wild Orca. “An increase in larger, mature fish is essential—not just for the whales— but for the survival of these imperiled Chinook populations, whose future also hangs in the balance. A recovery for Chinook benefits all fishers, whales, and humans alike.”


“Despite the clear evidence, for too long government agencies, certifiers, and the media have been unwilling to acknowledge and address the unsustainable salmon harvest management in this fishery and others that is harming the recovery of the Southern Resident killer whales and the wild Chinook they depend on,” says Helverson. “The Court’s finding is playing an important role in bringing science and policy closer together for the benefit of wild salmon, killer whales, and coastal communities.”


In the coming months, the Magistrate Judge’s report and recommendation and any objections from the defendants will be considered by the District Judge presiding over the case for a final ruling.
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Filed under: Environmental Law, Environmental Protection, Orcas, Salmon | Tagged: | 1 Comment »

Washington tribe tests its rights to commercial net pen fish farming | KNKX Public Radio

Posted on December 4, 2022 by Al Bergstein

An executive order from a Washington state agency earlier this month aims to end commercial net pen fish farming in public waters. Cooke Aquaculture is being forced to shut down its operations, but it has a key partner in its fight to remain. The Jamestown S’Klallam Tribe is forging ahead with its net pen aquaculture plans, testing a carve-out clause in the order.
— Read on www.knkx.org/environment/2022-12-01/washington-tribe-tests-its-rights-to-commercial-net-pen-fish-farming

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

Posted on November 18, 2022 by Al Bergstein

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

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

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

WA Dept of Natural Resources Cancels Leases for Remaining Net Pen Salmon Farms in Puget Sound

Posted on November 15, 2022 by Al Bergstein

While many are glad to see this long-awaited decision, it is by no means the end of Cook Aquaculture and its efforts to farm fish here. But if they indeed do remove the Rich Passage net pen, it could be good news for the remaining salmon that run through Orchard Rocks off southern Bainbridge Island. Why? Because it has never been fully investigated as to whether this net pen was partially responsible for the collapse of the salmon run through the passage and Agate Pass. Given recent news that the Hood Canal Floating Bridge may be a significant cause of salmon collapse in Hood Canal, and the hunch by some old fishermen that stocks collapsed after the net pen in Rich Passage went in, anything is possible. Obviously, shoreline development in the area at that time also had a good deal to do with the salmon loss.

A reminder to all that Cooke still has a business agreement with the Jamestown S’Klallam Tribe and the two are rearing Black Cod (Sablefish) in Port Angeles harbor. My guess is that Cooke will look for additional opportunities like this and will approach other tribes if they haven’t already. Still to come, is understanding how the recent unanimous Supreme Court ruling may affect this decision. Will Cooke and allies sue in court, based on their previous win? I don’t think this is as over as it seems, but for now, it’s a good decision, long overdue.

Official Press Release:

The Washington State Department of Natural Resources (DNR) has ended the remaining two finfish net pen aquaculture leases on Washington’s state-owned aquatic lands.

DNR officials informed Cooke Aquaculture Monday that the agency will not renew expired leases for the two remaining finfish net pen aquaculture facilities in Washington; in Rich Passage off Bainbridge Island and off Hope Island in Skagit Bay.

“Since the catastrophic Cypress Island net pen collapse in 2017, I have stood tall to defend the waters of Puget Sound,” said Commissioner of Public Lands Hilary Franz. “This effort began by terminating finfish net pen operations due to lease violations. Despite years of litigation – and a company that has fought us every step of the way – we are now able to deny lease renewals for the remaining net pen sites. Today, we are returning our waters to wild fish and natural habitat. Today, we are freeing Puget Sound of enclosed cages.”

“This is a critical step to support our waters, fishermen, tribes, and the native salmon that we are so ferociously fighting to save,” said Commissioner Franz.

DNR’s denial of Cooke Aquaculture’s request to re-lease the sites to continue finfish net pen aquaculture gives the company until December 14 to finish operations and begin removing its facilities and repairing any environmental damage.

The Hope Island lease expired in March and has been in month-to-month holdover status since. The Rich Passage lease expired in November.

Decision Draws Support

Salish tribes and conservation groups hailed the decision as a step toward protecting the habitat of struggling stocks of native salmon.

“We are very pleased that Commissioner Franz rejected Cooke Aquaculture’s lease application. Removal of the existing net pen will restore full access to the Tribe’s culturally important fishing area in northern Skagit Bay. Swinomish are the People of the Salmon, and fishing has been our way of life since time immemorial. Cooke’s net pens have interfered with the exercise of our treaty rights for far too long. We look forward to the day when the Hope Island net pen facility will be a distant memory,” said Swinomish Indian Tribal Community Chairman Steve Edwards.

“This decision is a joyous and historic victory for the recovery of wild fish, orcas, and the health of Puget Sound,” says Emma Helverson, Executive Director of Wild Fish Conservancy. “For years, the public has overwhelmingly called for an end to this dangerous industry in our public waters. Commissioner Franz’s response proves she is both accountable to the public and dedicated to protecting Puget Sound’s irreplaceable public heritage for current and future generations.”

“We say, ‘the table is set when the tide goes out.’ Seafoods have always been a staple of Samish diet and traditions,” said Tom Wooten, Samish Indian Nation Chairman. “By removing the Sound’s remaining net pens, our delicate ecosystem now gets a chance to replenish, repair and heal. We are grateful and lift our hands to the DNR’s partnership in helping protect the Salish Sea that tie us to our history and culture.”

Denials End Saga Started by 2017 Collapse

Cooke Aquaculture had previously leased four sites for net pen aquaculture from the Department of Natural Resources, recently growing steelhead trout in the net pens after years of using them to grow Atlantic salmon.

DNR’s letters denying an extension of Cooke’s leases lists several areas where the firm violated terms of the leases. DNR determined that allowing Cooke to continue operations posed risks of environmental harm to state-owned aquatic lands resulting from lack of adherence to lease provisions and increased costs to DNR associated with contract compliance, monitoring, and enforcement.

In August of 2017, a net pen at Cooke’s Cypress Island fish farm collapsed, releasing hundreds of thousands of Atlantic salmon into Puget Sound. As a result, DNR terminated that lease. Cooke was fined $332,000 and found negligent by the state Department of Ecology. The net pens were removed in 2018.

In December of 2017, DNR terminated Cooke’s Port Angeles lease due to Cooke operating in an unauthorized area and failing to maintain the facility in a safe condition. Cooke challenged that termination in the superior court and that litigation is still pending.

The Washington state Legislature in 2018 phased out Atlantic salmon farming, and the company since shifted operations at its remaining leaseholds in Rich Passage and Hope Island to grow sterile steelhead trout.

Future Net Pen Policy will be Announced Friday

Following the denials of these lease renewals, Commissioner Franz is reviewing policies for net pen salmon aquaculture throughout Washington’s state-owned aquatic lands, and will announce this decision at a press conference alongside partners and tribes at 11 a.m. Friday, November 18, on Bainbridge Island.

Seattle Times article (Behind paywall)

WA will not renew leases for Puget Sound fish farms, 5 years after spill | The Seattle Times

Filed under: Aquaculture, Around the Sound, Endangered Species, Environmental Law, fisheries, Government, Olympic Peninsula, Salmon | Tagged: , , , | 4 Comments »

Researchers, growers face the challenge of acidic ocean water -Salish Current

Posted on November 4, 2022 by Al Bergstein

Things are getting worse as it relates to ocean acidification. But as the article points out, we are on the leading edge of trying to find a way forward to save our shellfish. This is global warming in your backyard. There is no time to waste.

Salish Sea waters are acidifying faster than ever before, but researchers in Washington are leading the world in addressing the looming disaster. Rena Kingery reports. (Salish Current)

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Judge: Sustainable Salmon Harvest isn’t Sustainable – Post Alley

Posted on August 31, 2022 by Al Bergstein


King salmon that you might have eaten recently apparently might not be available much longer. I know when I saw them in the fish-market two weeks ago I wondered if whether it had been legal to catch it. I assume it had as our fish market is very good at making sure that the only buy a sustainably caught fish .But here’s the background on it.

Those sustainably harvested Chinook salmon seemingly legally caught by trollers off Southeast Alaska aren’t “sustainably harvested.” So ruled U.S. District Judge Richard A. Jones, adding that the plan that has allowed them to be harvested there violates the federal Endangered Species and National Environmental Policy acts. On August 10, the federal judge granted Duvall-based Wild Fish Conservancy (WFC) summary judgment against the National Marine Fisheries Service (NMFS), its parent Department of Commerce, various officials of both agencies, and the Alaska Trollers Association and the State of Alaska, which had intervened. Dan Chasen writes.

https://www.postalley.org/2022/08/31/judge-sustainable-salmon-harvest-isnt-sustainable/

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New film about spring Chinook delves into history, culture and science in unique habitats – PSI

Posted on August 30, 2022 by Al Bergstein

Worth a watch!


A new film, titled “The Lost Salmon,” opens with a video montage that takes us through some wondrous scenes: A wide aerial shot of California’s majestic Salmon River, moving to an underwater view of salmon swimming through the clear water and then to an action spectacle of wild salmon practically flying through the air to surmount a rushing cascades. Christopher Dunagan reports. (Puget Sound Institute) 

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138K green crabs pulled from Washington waters … so far in 2022 – KUOW

Posted on August 25, 2022 by Al Bergstein

The battle to rid our waters of the invasive European green crabs is making some headway. Losing this battle could mean the end of Dungeness Crab and many other creatures in the Salish Sea. Luckily the State and Tribes are taking this very seriously, as they should.


So far this year, Washington’s Department of Fish and Wildlife says more than 138,000 European green crabs have been removed from Washington waters. It’s a considerable increase in green crabs captured locally than previously reported this year. A total of 85,000 were captured near Bellingham last year. (KUOW) 

Filed under: Around the Salish Sea, Environmental Protection, invasive species | 3 Comments »

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

Posted on July 18, 2022 by Al Bergstein

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

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

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Returning home: The Elwha’s genetic legacy-Salish Sea Currents Magazine

Posted on June 29, 2022 by Al Bergstein

Excellent series by long time Northwest journalist Christopher Dunagan

Following dam removal, migratory salmon have been free to swim into the upper Elwha River for the first time in 100 years. Their actual behaviors and reproductive success may well be driven by changes in their genetic makeup. Our seven-part series ‘Returning home’ examines how the fish are doing and whether the Elwha’s genetic legacy remains intact. 

Salish Sea Currents

Returning home: The Elwha’s genetic legacy | Encyclopedia of Puget Sound (eopugetsound.org)

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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

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The Hatchery Crutch: How We Got Here – Hakai Magazine

Posted on June 1, 2022 by Al Bergstein
The Hatchery Crutch: How We Got Here

Hakai Magazine has published an excellent overview of the issue of hatchery salmon. Author Jude Isabella has dove deep into the history of hatcheries in the Pacific Northwest. This is part of a larger project called The Paradox of Salmon Hatcheries. The work is also available in audio format. I highly recommend this to anyone that thinks they know that hatcheries are a “good thing” The history just doesn’t support it.

From their beginnings in the late 19th century, salmon hatcheries have gone from cure to band-aid to crutch. Now, we can’t live without manufactured fish.

Filed under: Around the Salish Sea, Environmental Science, fisheries, Salmon | 1 Comment »

Good news, bad news for whale sightings in 2021

Posted on January 13, 2022 by Al Bergstein

Reports in from Pacific Whale Watch Association that whale sightings were up was reported in The Canadian press, (CBC), as good news. It is, in totality of sightings for Biggs and humpbacks. But if you read the details, you find that Southern Resident Orcas sightings are actually down. Let’s take what we can of the positive but not be fooled into thinking we have turned around the issue of local residents. As mentioned in the article, the Biggs eat seals and sea lions, which have been overpopulating the area and eating vast amounts of food that competes with the resident southerns. (another way to think of this is that because we have depleted the salmon runs there are fewer fish to feed all the mammals that eat them). This may help balance out the food chain, but we won’t know for a number of years.

… it’s a different story for the endangered Southern Resident whales — the other principal killer whale found in the region — as their sightings dropped to a record low last year. The salmon-eating mammals were documented on just 103 days, or 28 per cent of the year.

https://www.cbc.ca/news/canada/british-columbia/record-whale-sightings-2021-1.6311282

Read the whole story here: https://www.cbc.ca/news/canada/british-columbia/record-whale-sightings-2021-1.6311282

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European green crab invasion report. Lummi’s in trouble, still ok here

Posted on December 9, 2021 by Al Bergstein

The recent discovery of a huge increase in invasive green crabs on the Lummi tidelands has not been seen in waters here. A good update by Sea Grant. Wendy Feltham who has been volunteering locally had this to say: “I’ve been part of a small team looking for the invasive European Green Crab at Kala Point Lagoon for the past six years. In all those years we’ve handled thousands of shore crabs and a few others, but only one European Green Crab.”

Invasive European Green Crab (Photo courtesy of WDFW)

Here’s the report from the Lummi. The link is at the bottom of the quote.

December 6, 2021

The recent report by the Lummi Nation of more than 70,000 European green crabs captured this year has many wondering what this could mean for efforts to prevent green crabs from establishing in the Salish Sea. This number certainly indicates that the population of green crabs within the sea pond on the Lummi Reservation has grown exponentially since their first detection in 2019 (Mueller and Jefferson, 2019), and currently represents the largest population along inland Washington shorelines. The disaster declaration made by the Lummi Indian Business Council, highlights both the threat to tribal resources, and the need for increased control measures to effectively protect both the reservation, as well as the region, from accelerated spread and impacts of the invasion.

https://wsg.washington.edu/21-lummi-update/

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