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

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

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

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

The bills digest is as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

Blueback closure latest in Quinault climate change impacts – North Coast News

And as if to put a fine point on the previous article, commercial fishing is being closed on the Quinault River for sockeye.  If I’m not mistaken, while the Quinault is not dammed, it has been greatly affected by widespread logging of the hills all around it. A look at the satellite images of the river from Google Earth https://earth.app.goo.gl/uDneeP shows that between currently logged areas and second and third growth areas the habitat for salmon has been seriously compromised over the last 100 years. The buffers along the river, likely clear cut long ago, have been allowed to grow back and gain some modicum of protection for the river, but appear to be very small, compared the vast logging operations allowed all around it. Take a look and explore the overview of the area. Likely the increased temperatures from global warming, overharvest at sea, sea water warming and the increasing upflows of cold water known as the “Blob” have all added to the problems.  Have a different opinion on what’s causing all this? Feel free to add them to the comments below. I don’t claim to know it all, just cursory looks and 40 years seeing the endless logging of the west end proceed with virtually no stopping nor real effort to protect the watersheds which are the habitat of the salmon that spawn there.

The decision to close commercial fishing for Quinault River blueback (sockeye) salmon for conservation purposes this year is part of the ongoing effort by the Quinault Indian Nation to deal with the very tangible costs of climate change. After announcing the blueback closure on the river last week for 2019, Quinault President Fawn Sharp traveled to Washington, D.C. with a message for Congress about how the entire Quinault ecosystem from the glacier to the ocean is being harmed by climate conditions that have major impacts, economically as well as environmentally. Angelo Bruscas reports. (North Coast News)

Blueback closure latest in Quinault climate change impacts

BC Led international expedition to probe ailing Pacific Salmon stocks- Vancouver Sun

Finally we are seeing some joint scientific effort around wild salmon. Time is certainly running out to take dramatic steps to save what is left of the salmon runs. Glad to see this happening now, no matter how late in the day it seems.

An unprecedented international collaboration could revolutionize salmon science and fisheries management, return forecasting and even hatchery output. Nineteen scientists from Russia, Canada, the United States, Japan and South Korea are set to probe the secret lives of five Pacific salmon species with a four-week grid search and test fishery across the Gulf of Alaska. The expedition begins next week aboard the Russian research ship MV Professor Kaganovsky. “We know virtually nothing about what happens to salmon once they leave near-shore waters in the Salish Sea,” said expedition organizer Dick Beamish. The project was developed as a research element of the 2019 International Year of the Salmon celebration, organized by the North Pacific Anadromous Fish Commission and its partners. Randy Shore reports. (Vancouver Sun)

BC-led international expedition to probe ailing Pacific salmon stocks

State discusses killing seals and sea lions in Puget Sound

Perhaps the most controversial idea out of the Orca task force has been the notion of killing sea lions and seals to help salmon survive. Like many ideas, this one is simplistic and has the greatest appeal to people who don’t want to spend much time thinking about whether something works or just makes you feel like you are doing something. Fish and Wildlife are holding meetings to gather information on whether or not this really is an idea with merit. Biologists who study the food chain aren’t so sure. If you think you already know the answer, then you should read this article. “There is no guarantee of a response by the salmon in terms of returning adults.” And you know what an assumption is, it’s a word made up of and makes an “ass of u and me”. Let’s put the science of this in it’s rightful place, which is at the head of the train and not tow it along in our ill informed wake.

State wildlife commissioners heard testimony Friday about whether a seal and sea lion cull could help save salmon, and thereby restore food to the starving Southern Resident killer whales (SRKW)…. “It’s important to set the stage that this occurs in a very complex ecosystem and it is a very complex food web,” said WDFW Research Scientist Scott Pearson…. “If you want a 25 percent reduction in the total juvenile Chinook consumption by seals, we have to reduce this number of 19,000 seals down to 14,300. If you subtract this number from this number, that’s how many we have to remove 4,700 seals, and we have to annually remove 530 seals per year to keep it at that level,” Pearson said. But the problem is, salmon also face a slew of other challenges, including hydropower, hatcheries, habitat, disease, and contaminants. Scientists told commissioners they don’t know whether killing seals and sea lions will do anything at all…. “In my opinion, even if the seal consumption were somehow reduced or eliminated, there is no guarantee of a response by the salmon in terms of returning adults,” said WDFW Research Scientist Joe Anderson. Alison Morrow reports. (KING) See also: Puget Sound resident orcas limited by social behavior  Alison Morrow reports. (KING)

State discusses killing seals and sea lions in Puget Sound 

Congress OKs bill to allow killing sea lions to help salmon – Seattle Times

The knee jerk reaction to killing sea lions to theoretically ease the amount of endangered salmon that are being eaten by them passed Congress two days ago. While not based in science, this has been done at the behest of a variety of groups that see the sea lions as the problem. White sports fishermen, some tribes. The likelihood of this succeeding in any meaningful way has not been proven. But killing something always seems like a good solution to many.

https://www.seattletimes.com/nation-world/congress-oks-bill-to-allow-killing-sea-lions-to-help-salmon/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_nation-world

 

 

West’s rivers are hot enough to cook salmon to death. Will this court ruling keep them cool? – Bellingham Herald

With global warming comes the heating of our rivers. That has devastating impacts on salmon, which need a river to remain under 56 degrees or young salmon will die. This might bring a change of heart to the issue of Snake River dam removal or breaching.

A federal judge in Seattle has directed the Environmental Protection Agency, in a ruling with implications for California and the Pacific Northwest, to find a way to keep river waters cool.

Read more here: https://www.bellinghamherald.com/news/state/washington/article220466120.html#storylink=cpy

 

Salmon at Salmon Cascades, Sol Duc River

From the great camera artistry of John Gussman, who gave us “Return of the River”

silver salmon

 

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