‘The smell will knock you off your feet’: mass mussel die-offs baffle scientists | Environment | The Guardian

The Chehalis River is one of the locations mentioned in this article.

Mussels, the backbone of the river ecosystem because they control silt levels and filter water, are facing a mysterious affliction
— Read on www.theguardian.com/environment/2019/oct/14/the-smell-will-knock-you-off-your-feet-mass-mussel-die-offs-baffle-scientists

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

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

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

The court found in it’s blistering conclusions, “…that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations…the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.” (emphasis mine)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

Pinto Abalone Seeking State Endangered Species Listing

This is a very good idea who’s time has come, however late. Pinto Abalone stocks have collapsed in the Salish Sea and WDFW has been working hard for twenty years to try and reverse this.  Help out by supporting this effort and sending in letters of support to the email or mailing address below.

The Washington Department of Fish and Wildlife is seeking your input on a status review of the pinto abalone (Haliotis kamtschatkana), a Candidate for State Endangered Species.  Populations of these iconic marine snails have not recovered from historic harvests and may merit additional protection.  We recognize that Washington based state and federal natural resource agencies have an important perspective on the status of our state’s marine species and habitats. We would appreciate your participation in the following way:
 Directly submit your opinions and/or questions regarding the status review to:
 
Washington State Department of Fish and Wildlife
c/o Michael Ulrich, Fish Program
P.O. Box 43200
Olympia, WA 98504-3200
 
 
(360) 902-2737
 
What is the current status of pinto abalone in Washington?  Some receiving this notice may recall an era in Washington when legal take of abalone was allowed and healthy populations existed in the Strait of Juan de Fuca and San Juan Archipelago.  Recognizing a declining trend in populations during dive surveys, the department closed the recreational fishery in 1994.  Since that time, the department has continued regular monitoring and results indicate that surveyed populations continue to decline or are entirely absent from areas once well established.  Additionally, the increasing average size of remnant abalone, and absence of juveniles, indicates an aging population with little natural reproduction.  Finding abalone anywhere in Washington waters is becoming more and more difficult.
 
           What has the department been doing about these observed declines?  By the early 2000’s it had become apparent that pinto abalone populations were unlikely to recover to sustainable levels without human intervention.  A species restoration partnership was initiated with local non-profit organizations, as well as, tribes, universities, government agencies and commercial aquaculture.  A captive breeding program was developed to produce hatchery juveniles for distribution into the wild. The resulting restoration program uses local, wild broodstock to rear disease-free juvenile abalone and, since 2009, has placed over 16,000 juveniles to sites in the San Juan Islands.  Sites have been regularly monitored to assess growth and survival of the hatchery-origin abalone and the results have been encouraging.  Many sites have matured into groups of adults at reproductive densities, although, a significant scale-up of the program will be necessary to achieve meaningful results on a state-wide basis. 
 
What happens now?  We are communicating to interested parties around the state to solicit data, opinions, and questions regarding the listing proposal.  Following this period of public comment and a peer review of a draft status report (available on our website in December), the Washington Fish and Wildlife Commission will consider the status of the species.  Please lend your voice to the discussion by submitting your opinions or attending a public meeting.  (the meetings were advertised and held in early December in PT)
The period of public comment will conclude on March 31st, 2019.  We hope to hear from you about the status of this integral species to Washington’s nearshore marine environment.
 
For more information, please visit    https://wdfw.wa.gov/conservation/pinto_abalone/
 
Thank you in advance for your help.
 
Sincerely,                                                                                               
 
 
Michael Ulrich, Shellfish Biologist
Washington Department of Fish and Wildlife

Northwest Watershed Institute study suggests reason behind eagle gathering at Dabob Bay – PDN

The Peninsula Daily News has a story about a new research paper created by Peter Bahls of the Northwest Watershed Institute (NWI).  Bahls and biologist Heather Gordon wrote the paper, “Bald Eagles, Oyster Beds, and the Plainfin Midshipman: Ecological Relationships in Dabob Bay,” which explores the relationship of eagles, oyster beds and a kind of forage fish called the Plainfin Midshipman. Read this fascinating story about what new research by the NWI has shown about the relationships, and how the Jamestown S’Klallam Tribe are working with the data to better protect the eagles and the spawning fish.

https://www.peninsuladailynews.com/news/northwest-watershed-institute-study-suggests-reason-behind-eagle-gathering-at-dabob-bay/

 

 

Jamestown S’Klallam Tribe seeks to rename clamming beach – PDN

It’s great news that the Tribe is working to change the name of this location from the “Log Yard” (a reference to the years when logs were skidded and stored there), to Littleneck Beach, which describes the traditional use of the beach for thousands of years, and it’s current use by Tribal Elder Marlin Holden.

The tribe filed paperwork with the state Department of Natural Resources to rename the beach to Littleneck Beach, a name it said honors the generations of S’Klallam ancestors who have gathered clams at that location.

Read the whole story at

https://www.peninsuladailynews.com/news/jamestown-sklallam-tribe-seeks-to-rename-clamming-beach/

Subscribe to local newspapers to continue to help them thrive!

 

State Fish & Wildlife propose endangered listing for Pinto Abalone

Washington State Department of Fish & Wildlife have proposed listing the Pinto Abalone (Haliotis kamtschatkana) as endangered locally. Though attempts at cultivation have been tried, they have not been  considered successful at levels capable of sustaining the population.

Pinto Abalone have been in significant decline since the late 1980s. While there never was a commercial fishery for them, recreational divers harvested untold amounts, as the catch was never monitored. Habitat destruction also is understood to have played a role.

According to the WDFW web site (https://wdfw.wa.gov/conservation/pinto_abalone/):

The overall goal of the abalone recovery team is to halt the declines of abalone populations in the Pacific Northwest and to return populations to self-sustainable levels.  Such a long term goal requires a suite of interim goals and the development of numerous methodologies.  To date, such interim goals have enabled the abalone recovery team to successfully:

  • Develop hatchery and nursery programs for captive propagation and rearing of abalone.

  • Develop protocols to maintain genetically diverse and disease-free families in restoration hatchery facilities.

  • Conduct experimental outplants of juvenile hatchery reared abalone to assess the efficacy of outplants as a restoration strategy.

  • Aggregate adult abalone in the wild to enhance reproductive potential and to assess this method as a restoration strategy.

  • Outplant abalone post-larvae at experimental locations to assess this method as a restoration strategy.

  • Draft a collaborative  Pinto Abalone Recovery Plan for Washington.

  • Launch a public outreach campaign targeting divers, schools, boaters, fishers and the general public.

This body of work represents nearly two decades of basic and applied science and has laid the foundation for increasing the scale of the abalone recovery effort.   Such an effort will require a broad coalition of scientists, advocates, policymakers, and volunteers. For more information on this process please contact WDFW lead abalone biologist Michael Ulrich (hyperlink to : Michael.Ulrich@dfw.wa.gov).

WHAT YOU CAN DO: WDFW is soliciting any available data on the species, and seeks public comment on a proposal to list the pinto abalone as a State Endangered Species.  Please consider attending one of the following public meetings:

December 4, 2018, 6:00 p.m.
Northwest Maritime Center
431 Water Street, Port Townsend, WA 98368

Or, submit comments and questions to:

WDFW, Fish Program, attention: Michael Ulrich
P.O. Box 43200
Olympia, WA 98504-3200
(360) 902-2737
Michael.Ulrich@dfw.wa.gov

 

Video on NOAA work to breed oysters resistant to ocean acidification – Crosscut & PBS

Local PBS show ReInventors highlights the work of NOAA Manchester’s research facility as they race to find a hybrid oyster that can survive ocean acidification. A very good quick look at the problem, with animation, and the possible solution. If we are going to have seafood survive, this will likely hold the possibility. As it is currently going, we don’t have long before the oceans will be too acidic for shellfish to survive.

The story

https://crosscut.com/2018/10/can-these-super-oysters-survive-our-screwed-oceans

The video

https://youtu.be/WP8J0-90VoM

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