Protection Island & Dungeness Spit – enviros vs enviros

Posted on October 29, 2026 by Al Bergstein

When I was a boy, my grandfather and I would walk the hills of the Appalachian Mountains behind their home. These hills were where anthracite coal was first mined, and the environmental destruction was enormous. By the time I was a kid, the mines were played out and the town was desperately trying to survive. As we walked, grandfather would point out various birds. There was one in particular, the Blue jay that we would hear squawking, “Hear that bird?” he asked one day, “Sure” I answered.

“What is that Jay screaming?”

“I don’t know.”

“It’s screaming ‘Jew, Jew, Jew Jew”. And yes, it did sound like that to my young ears.

This was my grandfather attempting to show me that sometimes, the world was going to be screaming bad things and I would have to just assume it was as crazy as that Blue jay.

Recently, a friend told me that noted birder Steve Hampton was publicly claiming I am a racist because I don’t support his position on the proposed transfer of Protection Island and Dungeness Spit Wildlife Refuges to the Jamestown S’Klallam Tribe. He has posted this charge on the bird watching listserv called Tweeters. I had no idea Tweeters even was a thing, so I joined up and sure enough, Steve was on there making his case that I am a racist. Why? Because other birders of note were agreeing with my position. It must have shook Steve.

The idea that I’m a racist is bizarre and ridiculous. I moved to the Pacific Northwest in 1978. As a photo journalist in 1975 I was the only white person allowed inside the Menominee Warrior Society takeover of an Abby. I was covering the story for an international news outlet. I remained inside for 30 days until they surrendered to the National Guard.

Since 2007 I have been running this blog to help people understand the environmental issues on the Peninsula. Since Mr. Hampton is a recent transplant from California, with a limited knowledge of our area, he must be unfamiliar with my credentials. You can make your own decision.


I worked for the Jamestown S’Klallam Tribe for about five or six years in the 2010s, producing two films for them under the guidance of a tribal elder, the late Marlin Holden, a good friend.

I went before the Tribal Council on numerous times to get funding and renew funding for the project and update the Tribal Council on the projects. My film, “ Treaty Resources “ documented many of the Tribes activities around fishing, hunting geoduck sales, etc.

During that filming I became acquainted with Tribal Chair Allen, the entire Tribal Council, many tribal elders and leaders and the late Kurt Grinnell. I sat in on a variety of tribal meetings and activities. I interviewed Ron Allen for the introduction to the film. I was honored to have been told I was the only white filmmaker ever to be allowed to film the annual tribal meeting.

Also, I was a member of the Jefferson County Marine Resources Committee for eight years including chairing it for two. In that role, I worked closely with the Jamestown Tribe to promote Olympia Oysters being restored to Dungeness Bay.

I worked as a volunteer photographer with Hazel Wolff, Helen Engle, Seattle, Audubon, Lorna Campion, who is now known as Lorna Smith and a noted environmental activist, and the late Eleanor Stopps documenting Protection Island and helping get it passed back in the 1980s. I did one of the last interviews with Eleanor before her death. It was because of Eleanor and the work of thousands of others that Protection Island became a National Wildlife Refuge.

I have documented what the tribe has done and said on this blog for over twenty years. You can search Protection Island and Dungeness Bay and see the vast variety of factual reporting that I have done on the various things that have happened there over those years. I have been an ardent supporter of much of what the Tribe has done over that time. I think that Ron Allen is an exceptional leader and the Tribe is successful because of his leadership.

It is sad that I and others find ourselves opposed to this land transfer that Ron Allen has asked for. No one else other than the Tribe has asked for this. Everyone is satisfied with the Tribe’s co-management of our national wildlife refuges. But make no mistake, the tribe is an economic juggernaut, with many successful businesses including aquaculture.

It is a fact that the Tribe, once they helped cleaned up Dungeness Bay, have filed to put an oyster farm inside the Bay, essentially abutting the Wildlife Refuge in the shallows that many birds, some rare, feed in. The original farm they took over was a small affair. But the tribe publicly stated they were going to expand it and put over 110,000 bags of oysters on the benthic layer. Eventually they reduced that number to 80,000. They attempted to do this in conjunction with the USFW. The Tribe did not receive a permit to operate from the US Fish and Wildlife Service (USFWS) responsible for the Refuge, nor did this agency agree to follow its law to write a compatibility determination (CD) determining whether the oyster operation would harm the Refuge. Protect the Peninsula’s Future; Coalition to Protect Puget Sound Habitat and Beyond Pesticides (Plaintiffs) sued the wildlife agency. That lawsuit is still pending. The Tribe is not happy that they are being blocked legally from proceeding with this oyster farm. They have downplayed the danger to the birds from both the Bay and Protection Island that feed there. .


There is no provision made for any public input into future Tribal decisions on the use of the island or its shores. It will be up to the Tribe, in concert with the State Department of Natural Resources, to decide if they want to use the island’s shoreline for commercial aquaculture. DNR has been promiscuous in its granting of aquaculture permits. Can we trust that this commercially driven Tribe will make the right decisions on behalf of our refuge when we will have no voice in decisions moving forward?

As to the Land Transfer in question of Dungeness Spit and Protection Island.

I have never accused the Tribe of the issues that Mr. Hampton is saying that I said on my blog. I have no idea why he seems to think this is related to the Makah and their battle to hunt whales, which has nothing to do with Protection Island. The Whales were under Federal Protection, once the land transfer happens, that is no longer true of the island and the spit.

But, to be clear, I am very concerned about this land transfer. Why?

  1. It was done in secret for months before becoming public. It has been documented that the discussions started in 2025 and were not made public until April of 2026. That is a fact. U.S. Representative Emily Randall worked in secret with the Tribe without any public input until it was leaked.
  2. No one but Tribal Chair Ron Allen wanted this. It was his request, understandably because it would be a great legacy as he nears retirement. I don’t blame him for attempting this. If I were in his shoes, it makes sense while the world is terrified of the Trump Administration and their Project 2025 statements that they want to get the federal government out of management of all our National Wildlife Refuges as well as our Parks. But this was not a proposal of USFW nor any of the environmental groups involved in Protection Island birding.
  3. The Tribe will be responsible for many of the federal laws as he states. I never stated they would not. This is Mr. Hamptons interpretation of what I said. He never reached out to me to ask for clarification. However, once transferred to the Reservation status, the two refuges will no longer be refuges. I have researched this and all my research says this is accurate. I would like Mr. Hampton to provide proof that this is not true.
  4. The Tribe runs a multimillion dollar business in aquaculture. I discussed this at length with the late Tribal Resources head Kurt Grinnell during my interviews with him. That is a fact, not a guess. They sell their geoduck to China. It is a daily business shipping the geoducks through SeaTac. They sell oysters to numerous outlets throughout the Northwest. I have no issue with either of these facts. Never have. My issue is that they appear to be willing to trade off bird protection for tribal profit. I get it. I oppose this one proposal. As far as I am concerned, as only one person, I’m fine with their Sequim Bay oyster farms and other efforts.
  5. If the Tribe gets Dungeness Spit and Protection Island they will be in control of it’s fate, as it relates to the fact that the reservation is a sovereign nation. The Tribe will have no legal reason to take any input other than their own into their decision making processes for the two refuges. To validate this, all Mr. Hampton needed to do was look it up. It’s all online about sovereign nation status.
  6. This status means that it is nation to nation treaty negotiations, and as such no longer is accountable to county or state laws governing the two refuges. This should be concerning to all birders.
  7. Tribal Chairwoman Loni Greninger-Grinnell was quoted in the Port Townsend Leader on May 6, 2026: “We can take our own resources more freely, invest it, keep the public access open and maintained. It’s just about widening what we are able to do now versus being tied to another government that has its own rules and its own opinions on how we do things.”
    1. Public access is not the issue. The issue is protection of the birds. How can we not worry about the meaning of that statement? She is saying that the Tribe does not want to be “tied” to the U.S. rules and can do what it feels is best? What does that really mean given their proposed oyster farm?
  8. There are many more questions I raise on my blog about this proposal. Nothing I have heard from the Tribe in public statements makes me change my concern for their desire to take control of these two refuges and possibly turn them or the waters next to them, into monoculture aquaculture farms. Mr. Hampton simply takes their word for their good intentions. I don’t trust anyone’s good intentions. I like to see things in writing. Even then, once in the reservation, the lands would be extremely hard to have any influence over the Tribe. Anyone working with the tribes and tribal law understands this.

As I asked in a public opinion piece in the Port Townsend Leader earlier this year:

Ron Allen is a great tribal leader. But Ron has been very clear to the public on his position. Here’s what he said at a meeting of the Jefferson County Commissioners earlier this year. Do you agree with this?

“So to go to your first question, that you raised Greg: [Greg Brotherton, County Commissioner] What initiated this to start with? So, we have an oyster farm inside of the Refuge……We ran into a buzzsaw with [U.S.] Fish and Wildlife on recertifying [non-native Pacific oyster commercial operations inside the tidelands of Dungeness Refuge] and getting all the permits because we were out of compliance. They raised issues with us which were really not legitimate issues, [ such as seabird impacts](his words not mine! – editor)….Basically we were clashing with Fish and Wildlife over that particular project, and so we got frustrated with them.” And later, “Over the years the Tribe has become really strong conservationists, you know for many different reasons…we’re developers too, so don’t confuse yourself that we’re just conservation-minded.” Could you imagine if this was anyone other than Ron Allen saying this?

So, in fact, it WAS the issue of disagreement between USFW and JST over the Tribe’s plan to expand Pacific oyster aquaculture in Dungeness Bay, inside Refuge boundaries,and the Tribes frustration over failure to get approval for that expansion which set this whole idea in motion.

And later in the transcript Allen says this about Protection Island: “But we decided that why not just take two of them? [Dungeness and Protection Island] … makes it simpler and easier for us? We do have a nexus with Protection Island. Our people would go over there to harvest shellfish. Shellfish was always a big deal for us historically—they would go different places to harvest different vegetation and different purposes that was important to us…So we just felt put the 2 together. It makes more sense for us because we basically wanted to remove [U.S.] Fish and Wildlife and that we can control and manage it –what we think is much more respectful”

And finally, “No, [our frustration is] just U.S. Fish and Wildlife. Yeah, they were coming up with reasons why we can’t establish an oyster farm, which has nothing to do with the Refuge itself. They didn’t want to see it happen, We did farm oysters and clams [traditionally] that is something we did do, just today in the 21st Century, just bigger. And its not just for subsistence anymore, its just for commercial purposes.”

So how much more clarity do you need? The protection of the birds is secondary to commercial aquaculture. Just change the name, what if Taylor Shellfish wanted to do this? Would you still support this?

There are so many unanswered questions. We have not heard publicly that other Tribes support this transfer as they would be affected by this since they also have “usual and accustomed” rights to these waters. Ron Allen also stated that other tribes like the Makah and Lummi are waiting on the outcome of this to see if they can take over all the other federal refuges in the Salish Sea. Do we really want to give away all these federally protected ecosystems?

Facts are facts. But this is what I believe:

These public lands belong to all Americans including the Jamestown S’Klallam. They were created after hard fought legislative battles by thousands of people including Audubon members. We can leave the situation as it is with the Tribe being paid to manage it and not risk the tribe making a profit over protection.

Let me go on record (again) stating that I am in support of Land Back projects around the country. None of these raised the type of issues that are being raised with this proposal. If Jefferson or Clallam counties wanted to give other non refuge properties to the tribe, maybe the more valuable land in downtown Sequim or Port Townsend, I would be in full support. But I am not in favor of giving away our National Wildlife Refuges after what the Tribe themselves have said that they expect to do with them. How much clearer do you want this put to you dear reader?

I believe that Steve Hampton loves Protection Island, Dungeness Spit and the birds that live there. I think that he is blinding himself to the actual words and deeds that the Tribe is saying and doing that I described above. He has his own reasons for that blindness.

If Mr. Hampton wants to ingratiate himself with the Tribe, why should we care? I have no problem with him having a position on this. But when he starts throwing around “racism” to try and denigrate the legitimate opposition to this highly sensitive environmental proposal, I can’t help but remembering that Blue jay screaming his call in the trees to my grandfather and me.

Al Bergstein
Editor/ Publisher

Filed under: Clallam County, Dungeness Spit, Environmental Activism, Jefferson County, Protection Island | Tagged: , , , | 7 Comments »

Court denies Jamestown appeal of oyster farm lawsuit

Posted on October 27, 2026 by OlyOpen

The ongoing battle for the ability of the Jamestown S’Klallam tribe to put thousands of bags of oysters on the bottom of the shallow Dungeness Bay continues. Protect the Peninsula’s Future sued the U.S. Fish and Wildlife Service for not following it’s own rules in not writing a compatibility determination (CD) regarding the impact the Jamestown S’Klallam Tribe’s industrial oyster farm could have on the Dungeness National Wildlife Refuge in Sequim.  While the U.S. District Court in Tacoma was finalizing its ruling, the Tribe asked to intervene.  Twice the judge denied intervention.  The case is whether the USFWS must write the CD, which it resists doing.  The Tacoma judge advised the Tribe it could appeal his decision after he made his final ruling. The Tribe did not take that advice and instead appealed its inability to intervene, prior to a final ruling, to the U.S. 9th District Appellate Court in San Francisco.  However the Appellate court found:

APPEAL DISMISSED; PETITION DENIED. 

The Court stated:

“Appellate review requires finality—a decision that “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”

“In addition to our jurisprudence concerning non-final orders, we have held that … determination is not immediately appealable, because it can be reviewed after a final judgment.”

“…we lack jurisdiction to hear S’Klallam’s appeal of the non-final district court orders.”Hopefully the Tacoma Judge will not take long to finish his ruling that the USFWS must write a compatibility determination.

This does not end the case, nor the Tribe’s determination to both seek the ability to farm the inside of Dungeness Spit, but is probably part of the reasoning that the Tribe has moved to take over both the Spit and Protection Island. Once that land transfer happens, if it does, it will allow the Tribe to avoid any Federal and State laws as it relates to environmental regulations over the two Federal Wildlife Refuges. A Tribal Council member has actually stated to the Port Townsend Leader that was a goal of the land transfers.

So the ruling on whether the U.S.F&W will have to follow their own laws and write a compatibility determination will need to await the judge’s final ruling. No understanding on when that ruling will come down.

If you want to help fund the legal battle, you can send checks to Protect the Peninsula’s Future at the following address:


Protect the Peninsula’s Future

PO Box 421
Sequim WA  98382

Filed under: Clallam County, Dungeness Spit, Environmental Activism, Environmental Law, Olympic Peninsula, Washington State | Tagged: , | 2 Comments »

Meeting held to discuss Protection Island

Posted on June 16, 2026 by Al Bergstein

A large crowd of people gathered at Cape George on Sunday to hear Lorna and Darrell Smith discuss both the history of Protection Island and why they are concerned about the proposed Jamestown S’Klallam Land Transfer that the tribe recently has made public.

In the 1970s and early 1980s Lorna Smith was a key person in the work done to make Protection Island a national wildlife refuge. She acted as the liaison between the Seattle Audubon Society and the two women from Jefferson County that led the battle to get the island designated as a refuge, Zella Schultz and Eleanor Stopps, The thousands of letters of support from both native and non native Americans convinced even normally reticent politicians such as Senator Slade Gorton to help push the legislation through Congress and convince President Ronald Reagan to sign it. It was supported by all members of the Washington delegation and the Republican governor, John Spellman.

Also in attendance on Sunday were two granddaughters of Eleanor Stopps who share Lorna’s concerns. This reporter, who also worked with Audubon photographing the spit in the late 70s, also was in attendance.

The Smiths spent the first hour discussing the rich bird heritage of the island and the Spit, before pivoting to the proposed land transfer and the many questions that need to be answered about this proposal.

The Tribe currently is paid approximately $800,000 a year by the federal government to co-manage the Spit and the island. A month ago the Federal Government authorized over $76 million to support the refuges of the country. Money is there. There is no imminent threat of the government cutting off funds. That would have to be authorized by Congress.

The tribe has already begun requesting the ability to lay 80,000 bags of oysters on the bottom of Dungeness Spit’s inner bay, much to the dismay of bird supporters, who worry that this may cause continued loss of fish and other animals the birds feed upon. Currently, there is a lawsuit moving through the courts to stop this from happening.

In March, tribal Vice Chair Loni Greninger testified in Congress that the co-management has been very successful from both the point of view of the Tribe and the government. So if the working arrangement for co-management is successful, why should the Tribe give up $800k and why should Americans give up one of their 570 national wildlife refuges to the Tribe to become owned by them? How much is the Spit and the island worth to the Tribe and why? The answer might be found in the tribe’s lucrative aquaculture industry, wholly owned by them. While the tribe in their proposal denies having any plans for anything other than the vague term, “conservation” the actual answer to this question might have come from Vice Chair Greninger’s comment to the Port Townsend Leader on April 22nd edition. In it she stated:

“If we’re able to have that fuller ownership instead of co-management, then I don’t have to rely on any other government and their rules and regulations,” she said.

This is exactly what is feared by those who fought so hard to protect this island and Spit. With the tribe in full ownership, we will have no say as to what happens to it, nor if future tribal leaders decide to utilize these environmental treasures for economic gain. While it is understandable that the Tribe once used to forage for seafood there, the differences between subsistence shellfish harvest and modern mechanized aquaculture, with the ability to liquify the bottom with air compressors to get to geoduck, or spread thousands of bags of oysters across hundreds of acres at a time is a far cry from how it once was done.

There is every reason to continue to have the tribe manage the refuges. There is little incentive for Americans to simply hand them over to satisfy a demand. Why is Representative Emily Randall and Senator Maria Cantwell so hellbent on getting this done?

The birds are currently protected, as is the unique ecosystem they rely upon. Why should Americans relinquish this to a tribe that is engaged in the business of oyster, geoduck, crabbing, fish farming and fishing when they themselves are admitting that they want to set their own rules for the use of Protection Island? If the Tribe does get it, will we be on the outside looking in and have no input into protecting birds that live there? Many of us are waiting for more answers.

Filed under: Aquaculture, Around the Salish Sea, Around the Sound, Clallam County, Endangered Species, Environmental Activism, Environmental Law, Environmental Protection, First Nations, Jefferson County, legislation, Washington State | Tagged: , , , , | 3 Comments »

Jamestown S’Klallam Tribe Proposes Land Transfer of National Wildlife Refuges

Posted on May 18, 2026 by Al Bergstein

This was in the weekend edition of the Peninsula Daily News. Please read the previous posts here to understand our opposition to this proposal.

Filed under: Jefferson County, legislation, Olympic Peninsula, Straits of Juan de Fuca | Tagged: , , , | Comments Off on Jamestown S’Klallam Tribe Proposes Land Transfer of National Wildlife Refuges

A win for saving Dungeness Spit

Posted on May 22, 2025 by Al Bergstein

                                                                                                    

The battle over keeping industrial aquaculture out of our National Wildlife Refuges, is still being played out in the courts. Recently three environmental organizations have successfully sued to get the US Fish & Wildlife Service to complete a “compatibility determination (CD)” for the industrial operation. The court has ruled that a CD must be performed. It is not clear whether the company must now stop any work in the refuge.

Here is the press release from the plaintiffs. Please consider donating to any of them to help offset the costs of the lawsuit. It’s *our* wildlife refuge at stake.

In 2023, Protect the Peninsula’s Future, Coalition to Protect Puget Sound Habitat, and Beyond Pesticides sued the US Fish and Wildlife Service (USFWS) for its failure to conduct a compatibility determination (CD) for a proposed industrial shellfish operation at the Dungeness National Wildlife Refuge (DNWR). The case is being reviewed by the U.S. Federal District Court in Tacoma. 

USFWS regulations state that for any project on or near one of its refuges, a CD must be written.  These cases are not unusual, and the Dungeness case is especially important because if the case is lost, industrial shellfish operations might be free to open at other Refuges. 

Last year the Court ruled the case should proceed because it is clear the USFWS must write a CD.  

The industrial shellfish operator – the Jamestown S’Klallam Tribe (JST) – sought to moot the plaintiffs’ case due to potential financial impact to the JST.  The JST received various agency permits to plant 80,000 non-native oyster spat (larvae) in large plastic bags to be anchored to the substrate in the refuge area on 34 acres. The then manager of the DNWR had determined the shellfish operation was incompatible with the mission of the refuge, but higher ups in the agency overruled her and refused to write a CD. In the meantime, the JST started planting oyster spat. 

The federal court allowed the JST to present arguments against the plaintiffs’ suit.   

On 15 May 2025, the court responded in our favor.  The case will not be mooted; the USFWS must follow its regulations.   

From the Court documents:

“Compliance with the statutory procedures in the Refuge Act is undoubtably a  public right that safeguards environmental protection. 

Only the public right to administrative compliance with the Refuge Act procedural requirement to complete a compatibility determination and/or require a special permit are ripe for adjudication. 

Drawing all reasonable inferences in favor of plaintiffs, Jamestown appears to have planted seeds after it was aware that it was probable the Service would conduct a compatibility determination. 

Therefore, it is hereby ORDERED that Jamestown’s motion to dismiss, Dkt  44, is DENIED. “

The plaintiffs now wait for the Court’s final ruling against the USFWS, ordering it to write a CD. 

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

Tribe poised to co-manage Dungeness National Wildlife Refuge

Posted on August 10, 2024 by Al Bergstein

In a move that comes as environmentalists sue the Department of Fish & Wildlife Service (FWS) for not doing a “compatibility determination” on potential impacts to allowing an industrial aquaculture farm (run for profit by the Jamestown S’Klallam Tribe), FWS appears ready to ink an agreement to co-manage the Wildlife Refuge with the tribe.

Does it make sense for an entity that seeks to financially profit from the use of a federal resource, to be given co-management powers of that resource?

While this blog recognizes the importance of the work that the Jamestown have done for environmental restoration projects on the north Olympic Peninsula, there has been sustained concern from environmental watchdogs about the idea of turning the waters of the refuge into an industrial site, with subsequent conversion of the benthic layer and the waters above it into essentially a shellfish farm. Once this is done, there is no returning it to the way it is, as the profit motive will make it virtually impossible to end the work, as we have seen across the south Sound as shellfish aquaculture has turned numerous virgin bays into net covered shores with diesel engines dredging the geoduck farms at all hours of the night (low tides usually are late at night in the winter when harvesting would be easiest).

It is worth noting that the Refuge was established with the following goals, delineated on the front page of its web site:

Recognizing the importance of the fertile habitats, President Woodrow Wilson established the Dungeness National Wildlife Refuge on January 20, 1915, as a refuge, preserve, and breeding ground for native birds. Many of these birds feed by diving into the shallows for fish. Today the graceful arc of Dungeness Spit continues to protect nutrient-rich tide flats for migrating shorebirds in spring and fall; a quiet bay with calm waters for wintering waterfowl; an isolated beach for harbor seals and their pups; and abundant eelgrass beds for young salmon and steelhead nurseries.

Dungeness National Wildlife Refuge | Visit Us – Activities | U.S. Fish & Wildlife Service (fws.gov)

It is hard to understand how commercial shellfish aquaculture could coexist into preserving native birds who dive into these same waters to feed. Currently the FWS bans even frisbees or kites on the spit as it apparently is not good for the birds. There is a long list of banned behavior that seems innocuous elsewhere.

In 2018, this blog reported on the concerns that were being raised by the staff of the refuge itself, in it, we reported that the applicants have asked for permission to place approx. 150,000 of “on bottom” oyster bags on the central west side of the bay, in approximately 34 acres of the tide flats 1141 acres of the inner spit. While I understand that current numbers of this amount are not at these levels, the long-term goal of this number likely has not changed. This is not the small scale subsistence aquaculture that currently exists in Sequim Bay by tribal members. This will require machinery, boats and staff to harvest these amounts. This could be viewed as the proverbial “camel nose in the tent” which likely will be expanded over time with very little discussion. The applicants propose to raise non-native oysters. To be clear, a significant number of cultivated oysters in the Salish Sea are non-native, so this was not a surprise, nor is it an issue of great concern.

Also noted in that earlier blog entry, as stated by the Department of Interior letter, “The shores and tidelands in this area provide some of the most important wildlife habitat and supports the highest density of waterfowl and shorebirds within the refuge….These shorelines also support one of the largest Brandt haul out sites in the state of Washington….Shorebird densities are highest within the action area and the adjacent lagoon on Graveyard Spit.”

“Human-caused wildlife disturbance and habitat loss are two of the most pervasive threats to shorebird and waterfowl use of the Salish Sea…. very little information is available on entrapment resulting from aquaculture structures.”

The letter also referenced that, “In 2016, a die-off of approximately 1000 Rhinoceros Auklets on Protection Island coincided with a significant reduction in the abundance of sand lance in the Strait of Juan de Fuca.” 

Herring also spawn at the west end of Dungeness Harbor and the Department of Interior raised questions about protecting Strait of Juan de Fuca herring, which have been designated “critical” (as in critically low).  Sand Lance and Surf Smelt spawning grounds are also found in the area of the application. These species have been identified as “Washington Species of Greatest Conservation Need within the State Wildlife Action Plan (WDFW 2015).” A worry related to this is that these spawning fish will be competing with the oysters for plankton. A failure to find enough food could lead to a significant reduction in the survival rates. There is no known mitigation for this, other than limiting the size and scope of the project.

Additionally, Interior pointed out that a 1996 scientific study found that some shorebirds significantly avoided areas used for aquaculture in a California bay.

This shoreline has also been designated “Natural” in the Critical Areas Ordinance, as far back as 1976. That designation limits activities to those that preserve the national features unchanged. One would assume that the tidelands are also part of that designation. But of course, the waters of the Wildlife Reserve are apparently not part of the county shoreline ordinance.

It is important to note that the applicants themselves have noted in a 2003 report that “wild birds are the second most important source of FC on a year-round basis. It is especially important in winter, when their load approaches 1/2 of the measured marine water input.” It would seem to the average person that putting aquaculture into a bird reserve is by its very nature going to create a tension between the animals that are present and creating the problem and the desire to harvest shellfish for profit.

It is certainly reasonable for the applicants to want to return to aquaculture in the Bay, however the scale is being significantly increased. And now the applicants themselves are being given co-management of the very location that they intend to make a commercial farm. If it wasn’t the Tribe but some standard for-profit company, I’m sure that every environmental organization in the country would be joining in to stop this, but since it is the Tribe, only a couple of environmental organizations have been bold enough to challenge the FWS in court. And they appear to be winning. Years ago, I had a drink with the head of the Western Region of NOAA. I asked him why they kept doing things that required environmental groups to sue them, and why they just didn’t do the right thing to begin with. He laughed and told me that NOAA was a big government organization and had many different perspectives inside it. He welcomed lawsuits that forced them to do the right thing as he couldn’t possibly hope that all his employees were in line with its goals.

The FWS has a problematic role with regards to the Refuge. According to a 2022 article written by Kevin Washburn and N. William Hines, Dean and Professor of Law at the University of Iowa College of Law:

“The congressional direction in the Fish and Wildlife Act is to ensure “the fish, shellfish, and wildlife
resources of the Nation make a material contribution to our national economy and food supply . . . [and] the health, recreation, and well-being of our citizens.”

Congress recognized “that such resources are a living, renewable form of national wealth that is capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited.” (emphasis mine)

As a practical matter, however, one of the most significant challenges for FWS is meeting the
significant demands of the Endangered Species Act.”

The co-management of the reserve can only legally include the following:

“…Endangered Species Programs, Education Programs, Environmental Contaminants Programs, Wetland and Habitat Conservation Restoration, Fish Hatchery Operations, and National Wildlife Refuge Operation and Maintenance. See List of Programs Eligible for Inclusion in Funding Agreements Negotiated with Self-governance Tribes by Interior Bureaus Other than the Bureau of Indian Affairs and Fiscal
Year 2016. Microsoft Word – [14] Washburn – Camera-Ready (case.edu)

The rather ill defined “Northwest Wildlife refuge operations…” in the above paragraph is a concern. The document referenced above goes into considerable detail on the issues raised in co-management of FWS and other agencies. It is beyond the scope of this blog to identify all of them.

Science has learned a lot about the environment since the time when the State originally allowed the use in this location. In many other locations we have decided that the tradeoff of commercial activity is outweighed by a newer appreciation of the value of the natural landscape for a variety of species.  It is up to all of us to question our elected officials and bureaucrats, not the applicants, as to why they believe that this is in all our best interests, when we so clearly have set this aside this location for wildlife protection and enhancement. The applicants have every right to apply. It is up to our elected and bureaucratic staffs to make the call for the lands and species we all enjoy and want to protect.

This blog has long supported the work of the JamesTown S’Kallam as they have led environmental protection on the Olympic Peninsula for many decades. We have supported their right to industrial geoduck operations, small scale oyster farming, their rights to their share of the salmon of the state. In this one instance we are questioning whether putting this farm inside a tiny refuge that has decades of protection, as we all struggle to save our seabirds, is the right call. It is not about their rights, it is about the location. Can the State not find and trade suitable other locations for the Tribe to establish, especially since the tribe itself has raised concerns about the viability of the location for aquaculture on the scale they are planning? Then the issue of co-management is a non issue. Then they would be imminently qualified to co-manage the refuge.

Filed under: Aquaculture, Clallam County, Environmental Activism, Environmental Law, Olympic Peninsula, Straits of Juan de Fuca | Tagged: , , , , | 10 Comments »

How a River Breathes

Posted on February 4, 2023 by Al Bergstein

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

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

Filed under: Clallam County, Environmental Protection | Tagged: , , , , , | Comments Off on How a River Breathes

Cooke Aquaculture files appeal of DNR decision

Posted on December 16, 2022 by Al Bergstein

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

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

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

 

Filed under: Aquaculture, Clallam County, Olympic Peninsula, Port Angeles | Tagged: , , | 2 Comments »

Tribe: Court of Appeals Ruling Won’t Stop Fish Farm Attempt – PDN

Posted on December 23, 2021 by Al Bergstein


The Tribe has been expanding shellfish and fin fish aquaculture in the last few years. This latest push, is an interesting issue. While the Tribe supported shutting non-native salmon fish farming, they never said they supported shutting down native salmon fish farming. This farm is for black cod, also known as Sablefish or Butterfish. It is native to the Pacific Northwest, but farming it by feeding it pellets, as they do with salmon, makes it not that appealing. Wild caught black cod is delicious, widely served in the Pacific NW. But I certainly will be asking if my black cod is wild caught or not. Not interested in eating fish raised in the backwater of Port Angeles harbor, near the pulp and paper mill.

It will be interesting to see how Ron Allen gets around the ruling. They likely would have to end the relationship with Cooke, which is a financial boon to the Tribe. We’ll continue to follow this as it unfolds.

Jamestown S’Klallam Tribal Chairman Ron Allen vowed Tuesday to move forward with plans to establish a fish farm in Port Angeles Harbor despite a recent state Court of Appeals decision upholding the termination of its business partner’s lease. The three-judge panel Dec. 14 affirmed a Thurston County Superior Court decision that struck a blow to the joint plans of the tribe and Canadian aquaculture company Cooke Pacific LLC. Paul Gottlieb reports. (Peninsula Daily News)

Tribe: Court of appeals ruling won’t stop fish farm attempt

Filed under: Around the Sound, Clallam County, First Nations, fisheries, Olympic Peninsula, Port Angeles, Straits of Juan de Fuca | Tagged: , , , , | 1 Comment »

Washington’s Crabby New Resident

Posted on March 23, 2021 by Al Bergstein

Good overview of the current situation on the fight against the latest invasive species, the Green Crab. 

Researchers, tribes and volunteers work to fight the rising tide of European green crabs on Washington shores.
Morgan MacIntryre reports. (The Planet Magazine)

https://theplanetmagazine.net/washingtons-crabby-new-resident-a669170b819e

Filed under: Around the Salish Sea, Environmental Protection | Tagged: , , | Comments Off on Washington’s Crabby New Resident

What the pandemic has done to WA’s flagship shellfish industry – Crosscut

Posted on October 9, 2020 by Al Bergstein

A very good article on the state of the shellfish industry in our state. Quotes from people here in the area working in the industry.

The pandemic tanked the shellfish industry, but growers are “tentatively optimistic” that things are looking up.

By Hannah Weinberger
https://crosscut.com/environment/2020/10/what-pandemic-has-done-was-flagship-shellfish-industry?utm_source=Crosscut%20Daily&utm_medium=email&utm_campaign=Crosscut+Daily+20201009+-+READY+ABT
Crosscut Article

Filed under: Around the Sound, Jefferson County, Jefferson County, Puget Sound, Shellfish | Tagged: , | Comments Off on What the pandemic has done to WA’s flagship shellfish industry – Crosscut

Hood Canal nearing a potential ‘first’ for salmon recovery – KIRO News

Posted on October 9, 2020 by Al Bergstein

Hood Canal nearing a potential ‘first’ for salmon recovery.

In the Hood Canal Region there is an ongoing effort to de-list summer chum, a move that would be a “first” nationwide. A number of people who spoke with KIRO 7 believe that could happen within the next two years.

KIRO News 7

https://www.kiro7.com/news/local/hood-canal-nearing-potential-first-salmon-recovery/ZSKKVIDLTNH2LAQTEUTSMKQBUE/

Filed under: Clallam County, Endangered Species, Environmental Protection, Environmental Science, First Nations, fisheries, Jefferson County, Jefferson County, Olympic Peninsula | Tagged: , | Comments Off on Hood Canal nearing a potential ‘first’ for salmon recovery – KIRO News

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

Posted on December 15, 2018 by Al Bergstein

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.

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

 

 

Filed under: Aquaculture, Puget Sound | Tagged: , , , , , , , , , , | Comments Off on Northwest Watershed Institute study suggests reason behind eagle gathering at Dabob Bay – PDN

Dungeness River Fish Passage Video

Posted on August 19, 2015 by Al Bergstein

An update on the efforts to allow returning salmon to get up the Dungeness River. Thanks to the Jamestown S’Klallam Tribe, who continue to show leadership and dedication to saving the historic runs of fish on the river that their people have fished forever. This is the effects of our inability to deal with the root causes of climate change, which is out of control fossil fuel use.

Dungeness River Fish Passage 2015C from NW Indian Fisheries Commission on Vimeo.

Filed under: Puget Sound | Tagged: , , , , , | Comments Off on Dungeness River Fish Passage Video