Culverts: Lawmakers face dilemma to fund improved fish passage

I’m certainly no highway engineer, but I’ve been thinking about the difference between building roads in Kansas, where I was born, and building roads in the Puget Sound region.

Kansas has its streams and wetlands to be sure, but nothing like the density of natural features that we find in the Puget Sound watershed, where land elevations change constantly and roadways must cross streams and wetlands at every turn.

For many years, road construction in the Puget Sound region involved filling wetlands and burying pipes just big enough to pass the water. It was assumed that salmon would make it through. But based on our current knowledge of salmon migration, we realize that these shortcuts took a major toll on the populations of salmon and other fish.

This week, the U.S. Ninth Circuit Court of Appeals upheld a lower court ruling requiring state agencies to correct decades of road-building mistakes that impaired salmon passage on state highways and on state forest roads. Check out Monday’s story in the Kitsap Sun.

Priority watersheds chosen by the Fish Barrier Removal Board. Puget Sound: Pilchuck Creek, Pysht River, Goldsborough Creek; Coast: Newaukum; Lower Columbia: Lower Cowlitz; Yakima River: Wilson/Cherry; Snake River: Grande Ronde Tribs, Snake River Tribs; Upper Columbia: Okanogan.
Priority watersheds chosen by the Fish Barrier Removal Board. Puget Sound: Pilchuck Creek, Pysht River, Goldsborough Creek; Coast: Newaukum; Lower Columbia: Lower Cowlitz; Yakima River: Wilson/Cherry; Snake River: Grande Ronde Tribs, Snake River Tribs; Upper Columbia: Okanogan.

The lawsuit, filed by 21 Indian tribes, was based on the idea that undersized and poorly functioning culverts severely affected the total salmon runs in violation of treaties signed in the 1850s, which promised Native Americans the right to fish forever in traditional locations.

The lawsuit did not address culverts owned by the federal government, local governments or private property owners, but the same principles apply. Steps are now being taken to improve salmon passage based on standards developed by the Washington Department of Fish and Wildlife.

Meanwhile, a state advisory committee, known as the Fish Barrier Removal Board, has been working to establish priorities with top-ranked projects providing the greatest improvement in salmon habitat.

Kitsap County Engineer Jon Brand, who serves on the board, described a two-pronged approach to set the priorities. One is to focus on priority watersheds, with the idea of making major improvements in a variety of streams in a given area. (See map above and board materials (PDF 50.4 mb), Oct. 20, 2015.) The second approach is to coordinate planning for top-priority streams, with the idea of working on entire stream systems at once. Obviously, it does not make sense to replace a culvert upstream if a downstream culvert continues to block salmon passage. Check out the list of top-30 ranked projects (PDF 57 kb).

The Fish Barrier Removal Board is putting together a funding package to be submitted to the Legislature. As Jon pointed out, some of the most effective projects for salmon passage are not in the Puget Sound region nor subject to the federal court ruling. The list also goes beyond state roadways and includes a mix of ownerships based on the watershed and stream priorities mentioned above.

State lawmakers face some difficult funding decisions. With the court order hanging over their heads, along with a 2030 deadline, they may choose to do only culvert-removal projects in the Puget Sound region, even though projects in other areas could get a greater bang for the buck. And will there be money left over to support local governments trying to improve salmon passage in their areas?

I asked Jon about the expediency of early road-builders who must have given little consideration to salmon when they filled wetlands, carved out drainage ditches and installed pipes to carry the flow of water. It was not always that way, Jon told me.

That method of road-building arrived with the invention of large earth-moving equipment, he said. In the 1800s and early 1900s, filling a stream and inserting a culvert was more difficult than building a bridge of logs, given the vast quantities of timber on the Kitsap Peninsula.

Those early log bridges no doubt caused fewer problems for salmon, but they did not last. Eventually, nearly every bridge was replaced, often by dumping fill across the stream and allowing a small culvert to carry the water.

As for my misguided notion that Kansas can ignore stream crossings because the state has no serious environmental problems, I found this language in “Kansas Fish Passage Guide” (PDF 2.3 mb), a document written for road-builders:

“In Kansas, fish passage issues caused by culverts were not recognized by road officials until about 2010, when … research indicated that culverts and low-water crossings were a significant cause of habitat fragmentation in the Kansas Flint Hills.

“Many of the threatened and endangered fish in Kansas are a type of minnow or minnow-size fish. Small fish typically are not strong swimmers, so waterfalls, water velocity and turbulence can be a barrier to passage upstream. Culverts are dark and have an atypical channel bottom that may also discourage fish passage. Lack of water depth through the culvert can restrict passage during low-flow seasons…

“Stream barriers reduce habitat range and can adversely affect fish populations upstream and downstream of the stream crossing. A severe event like a drought or oil spill in a stream segment can wipe out a species, and the species cannot repopulate the stream because of the barrier.”

Kansas has begun to prohibit blocking culverts and to address existing fish-passage issues. As the above-referenced publication states, “On the Great Plains, it’s usually easy to design and construct a stream crossing for a two-lane road to provide fish passage.”

If only that were the case in Western Washington.

Amusing Monday: Students produce videos about climate concerns

How high school and college students view climate change shine through clearly in new video productions submitted in a contest organized by the University of Washington School of Environmental and Forest Sciences.

The school is a unit within the UW College of the Environment. This is the second year for the contest, supported by the Denman Endowment for Student Excellence in Forest Resources.

Contest rules describe climate change as an issue that unites all the research interests within the school, topics that include sustainable forest management, biofuels, wildlife conservation, landscape ecology and plant microbiology.

“Much of the responsibility for finding sustainable solutions will fall on the younger generations,” the rules state. “That’s what inspired us to host this video competition — to spread awareness and hear your voices on the issue.”

The first video on this page is the 2016 first-place winner in the high school division. The second video is the 2016 first-place winner in the college division. The third video is last year’s first-place winner in the high school division.

Judging was conducted by a panel of climate scientists, artists and filmmakers. First-place winners received $5,000; second-place, $1,000; and third-place, $500.

Here are this year’s winning videos, with links to the top three in each division:

High school students, 2016

First Place: Yuna Shin, Henry M. Jackson High School, Bothell.

Second Place: Suraj Buddhavarapu, Naveen Sahi, Allison Tran and Vibha Vadlamani, Tesla STEM High School, Redmond.

Third Place: Luke Brodersen, Shorewood High School, Shoreline.

Other finalists: Julci Areza, Chloe Birney and Tanaya Sardesai, Redmond High School in Redmond, and Aria Ching, Jesselynn Noland, Emily Riley and Emily Weaver, Lynnwood High School in Bothell.

College undergraduates, 2016

First Place: Audrey Seda and Tommy Tang, Eastern Washington University and University of Washington – Bothell.

Second Place: Ben Jensen, Charles Johnson and Anthony Whitfield, University of Washington.

Third Place: Aaron Hecker, University of Washington.

Other finalists: Kennedy McGahan, Gonzaga University, and Malea Saul, Madeline Savage and Bethany Shepler, University of Washington.

Here are the top winners from last year, with links:

High school students, 2015

First Place: Leo Pfeifer and Meagen Tajalle, Ballard High School, Seattle.

Second Place: Teri Guo, Caeli MacLennan, Kevin Nakahara, Ethan Perrin and Nivida Thomas, Tesla STEM High School, Redmond.

College undergraduates, 2015

First Place: Michael Moynihan and Sarra Tekola, University of Washington.

Second Place: Erfan Dastournejad, Shoreline Community College, Shoreline.

Olympia oysters fare better than Pacifics in acidified oceans

Our native Olympia oyster may seem small and meek, but its slow-growing nature may serve it well under future conditions of ocean acidification, according to a new study.

Olympia oysters // Photo: Wikimedia commons
Olympia oysters // Photo: Wikimedia commons

In fact, the tiny Olympia oysters appear to reproduce successfully in waters that can kill the offspring of Pacific oysters — a species that grows much larger and provides the bulk of the commercial oyster trade in Washington state.

Unlike Pacific oysters, Olympias don’t begin forming their shells until two or three days after fertilization, and the formation progresses slowly, helping to counteract the effects of corrosive water, according to the author of the new study, George Waldbusser of Oregon State University.

Betsy Peabody of Puget Sound Restoration Fund said people who work with Olympia oysters have long suspected that they may have some advantages over Pacific oysters. Olympia oysters keep their fertilized eggs in a brood chamber inside the shell until the larvae are released into the water about two weeks later.

In contrast, the eggs of Pacific oysters are fertilized in the open water and the resulting larvae must fend for themselves right away.

While the brood chamber may protect the larvae from predators, the new study showed that the brood chamber does not protect against ocean acidification. Corrosive water still circulates through the mother’s shell, exposing the larvae.

To test how Olympia oysters would do in open waters, the researchers grew baby oysters outside the brood chamber where they were exposed to acidified water, noted Matthew Gray, a former doctoral student in OSU’s Department of Fisheries and Wildlife. He is now conducting research at the University of Maine.

“Brooding was thought to provide several advantages to developing young, but we found it does not provide any physiological advantage to the larvae,” Gray said in an OSU news release. “They did just as well outside the brood chamber as inside.”

It appears that a major difference in the development of Pacific and Olympia oysters lies in their reproductive strategies, including differences in managing their energetics.

“Pacific oysters churn out tens of millions of eggs, and those eggs are much smaller than those of native oysters, even though they eventually become much larger as adults,” Waldbusser said. “Pacific oysters have less energy invested in each offspring. Olympia oysters have more of an initial energy investment from Mom and can spend more time developing their shells and dealing with acidified water.”

The research team found that energy stores in young Pacific oysters declined by 38.6 percent per hour, compared to 0.9 percent in Olympia oysters. Pacific oysters put their energy into building their shells seven times faster than Olympia oysters. The exposure to acidified water affects shell development. While the larval oysters may get through the shell-building stage, they often don’t have enough energy left to survive, Waldbusser said.

The study, funded by the National Science Foundation, was published in the Journal of Limnology and Oceanography.

Puget Sound Restoration Fund has been working for nearly 20 years to restore Olympia oysters at 19 priority locations throughout Puget Sound. The new study lends credence to the effort and support for a recommendation by the 2012 Blue Ribbon Panel on Ocean Acidification. The panel called for restoring the native oyster to Puget Sound to build resilience into the ecosystem, according to Betsy Peabody.

“It was a recommendation that came out before we had the critical science to support it,” Betsy told me. “He (Waldbusser) has just given us the underlying research that supports that recommendation. Our grandchildren may be cultivating Olympia oysters rather than Pacific oysters.”

The panel, appointed by former Gov. Chris Gregoire, called for maintaining the genetic diversity of native shellfish to provide the species a fighting chance against ecological changes brought on by climate change.

Benefits of the Olympia oyster, including so-called ecosystem services, are described in an article by Eric Wagner in the Encyclopedia of Puget Sound. Healthy oyster reefs offer benefits such as cleaning up the water, protecting shorelines from erosion and increasing habitat complexity, which can expand the diversity of sea life.

So far, Puget Sound Restoration Fund has restored 50 acres of shellfish to Puget Sound, working toward a goal of restoring 100 acres by 2020.

Oyster hatcheries in Washington state underwent a temporary crisis a few years ago when Pacific oyster larvae were dying from acidified seawater pumped into the hatcheries. The water still becomes hazardous at times, but careful monitoring of pH levels has allowed hatchery operators to overcome the problem. When the water in an oyster hatchery moves beyond an acceptable pH level, operators add calcium carbonate to alter the pH and support the oyster larvae with shell-building material.

Bill Dewey of Taylor Shellfish Farms said older oysters might be affected in the future as ocean acidification progresses. “We know things are going to get worse,” he told me.

Because of their small size and high cost of production, Olympia oysters will never overtake the Pacific oyster in terms of market share, Bill said, but they are in high demand among people who appreciate the history of our only native oyster and its unique taste.

The new research by Waldbusser raises the question of whether the highly commercial Pacific oysters could be bred so that their larvae grow slower and perhaps overcome the effects of ocean acidification.

Joth Davis, senior scientist for Puget Sound Restoration Fund and senior researcher for Taylor Shellfish, said the market is strong for a smaller Pacific oyster, so most growers would not object to one that grows more slowly with greater survival.

Meanwhile, efforts are underway to maintain the genetic diversity of Olympia oysters and other native species, as growers begin to think about cultivating more natives. Transplanting species from one area to another and boosting their populations with hatcheries creates a potential to override local populations and weaken overall genetic diversity, Joth said.

Geoduck clams, which can be started in hatcheries and grown on a large scale, don’t appear to be genetically distinct from one place to another in Puget Sound, Joth said.

Researchers have found some evidence that Olympia oysters may be genetically distinct when comparing one area of Puget Sound to another. But finding genetic differences does not always mean the population is uniquely adapted to that area, Joth said. Variations might relate to a random population that settles in a specific location. Sometimes it takes careful study to make sense of the differences.

Rich Childers, Puget Sound shellfish manager for the Washington Department of Fish and Wildlife, said the state currently has no firm rules for transferring native species from one place to another. With growing interest in cultivating Olympia oysters, sea cucumbers and other native species, the agency is opening discussions about what kind of controls might be needed.

“We’ve learned lessons from salmon that you can’t spread everything from hell and gone,” Rich said. “Should we be looking at some management or hatchery guidelines that would help maintain genetic diversity? Should we have laws or policies? These are the questions that are just starting to surface.”

Amusing Monday: These jokes will convert you

A little understanding of the metric system and knowledge of common measurements can be helpful when it comes to these so-called “conversion jokes.” A few involve English measurements, and it never hurts to know random things — such as the name of a common mouthwash.

Although conversion jokes, created with an equal sign, have been around for years, I just became aware of them. I’m offering a collection of these jokes that have been circulating on the Internet plus a few others collected along the way.

Because specific knowledge is required, these jokes remind me of the so-called “intellectual jokes” that I wrote about in 2014. (See Water Ways, Dec. 12, 2014.) One major difference is that I don’t believe  explanations are needed, because these jokes are more related to puns than to specialized fields of science, math or literature.

Common conversions

1 millionth of a salmon = 1 microfiche

salmon

2,000 mockingbirds = 2 kilomockingbirds

Half of a large intestine = 1 semicolon

1,000,000 aches = 1 megahurtz

4 nickels = 2 paradigms

453.6 graham crackers = 1 pound cake

Time between slipping on a peel and smacking the pavement = 1 bananosecond

Dimes (1)

Half a pair of goggles = 1 demagogue

3 1/3 tridents = 1 decadent

2 wharves = 1 paradox

One million-million bulls = one terabull

Ratio of an igloo’s circumference to its diameter = 1 Eskimo Pi

1000 cubic centimeters of wet socks = 1 literhosen

2 untruths = 1 paralyze

deck (1)
365.25 days of drinking low-calorie beer = 1 lite year

2,000 pounds of Chinese soup = Won ton

10 cards = 1 decacards

Time it takes to sail 220 yards at 1 nautical mile per hour = Knotfurlong

2 monograms = 1 diagram

1 millionth of a mouthwash = 1 microscope

1 million-million microphones = 1 megaphone

Sources:

Photos: Wikimedia Commons

Engineers find new location for boat facility in Harper Estuary

At a community meeting in March, many residents of Harper in South Kitsap expressed profound disappointment that the latest plan to restore Harper Estuary would remove a low-key boat launch used by many people in the area. See Kitsap Sun story, March 31.

The makeshift boat launch, built on fill, provides the only access to the beach in that area, community members noted. Many expressed their belief that county and state officials had failed in their commitment to maintain beach access.

Not yet approved, this rough drawing shows how a trail alongside Olympiad Drive could be used to reach Harper Estuary. Drawing: Kitsap County Public Works
Not yet approved, this rough drawing shows a trail alongside Olympiad Drive to Harper Estuary.
Drawing: Kitsap County Public Works

After the meeting, five representatives of the community met onsite with officials involved in the project. Several ideas were discussed, and it appears that a new access to the estuary is gaining approval, though it won’t allow vehicles with trailers to reach the water. The new access would be an earthen ramp on the opposite side of Olympiad Drive.

An addendum to the planning documents (PDF 1.1 mb) makes it clear that the old boat launch basically prevents the $4-million restoration project from being done right.

“Retaining the boat landing in its current location will:

  • “Block the ability to replace the undersized culvert with a large bridge in order to restore estuary function and tidal exchange,
  • “Reduce sediment contaminant removal associated with the excavation project,
  • “Retain compacted gravel substrate that does not support aquatic plants or benthic organisms at the existing boat launch, and
  • “Impede restoration of filled estuarine habitat and functional channel geometry.”

The proposal now under consideration is to grade the slope alongside Olympiad Drive at a gentle 5:1 angle. Cars and trucks could pull off the side of the road long enough to unload their boats, which would be carried down the slope. For people who just want to walk down to the water, the ramp would provide the needed access and perhaps the beginning of a proposed trail system around the estuary.

Harper Estuary Contributed photo
Harper Estuary // Contributed photo

A plan to build stairs down to the water from Southworth Drive raised objections during the March meeting, because it would be difficult and unsafe to carry boats across the busy roadway and down concrete steps, which could become slippery. If the stairs are built, which remains undecided, they could be designed to contain gravel, making them less slippery.

Jim Heytvelt, a community leader in Harper, said the new access to the beach would meet the needs of most, but not all, people in the community. Most people in support of the restoration never wanted a major boat launch like the one at Manchester, he said. People are beginning to come around to the reality of the situation, given conditions needed to restore the estuary, he said.

During surveys of the property, officials discovered another problem that could have thrown a monkey wrench into the boat launch at its current location. The county learned that it does not own the property where the boat launch was built, as had been widely assumed. The property is owned by the state Department of Natural Resources — and nobody has ever been given approval to use the site.

Even if the restoration could be done without removing the launch site, nobody knows if the DNR would grant a lease for the use to continue. Someone might need to assume liability at the site. The proposed ramp to the estuary seems to eliminate that problem, as the property is almost entirely owned by the county.

Delays in preparing the plans, getting permits and putting the project out to bid has caused the schedule to slip from early summer into late summer and fall, said Doris Small of the Washington Department of Fish and Wildlife. That assumes the project can be advertised for bids by the end of this month — something that is still not certain.

Any further delays could put the funding in jeopardy and might require new approvals from the Washington Department of Ecology and possibly the Legislature. The restoration money comes from a fund set up to mitigate for damages from the ASARCO smelter in Tacoma, which emitted toxic pollution for decades, some of which reached South Kitsap.

The first phase of the project involves excavation to remove most of the fill dumped into the estuary, allowing the shorelines to return to a natural condition. To complete the restoration, additional funding is being sought to build a bridge, which will replace the culvert under Olympiad Drive. If funding is approved, the bridge could be built as early as next summer.

Another community meeting is scheduled for Wednesday at 6:30 p.m. at Colby United Methodist Church, 2881 Harvey St. SE. Officials will provide an update on the restoration efforts. County Commission Charlotte Garrido said she would like to continue discussions about what the community would like to see in the future, hoping to build a stronger relationship between the county and the community.

Amusing Monday: Some birds just make us laugh

The common murre, which can be spotted in Puget Sound especially in winter, may be considered “nature’s laugh track,” according to Bob Sundstrom, writing for “BirdNote,” a two-minute radio show heard on public radio stations including KPLU.

Common murre Photo: Dick Daniels, carolinabirds.org, via Wikimedia Commons
Common murre
Photo: Dick Daniels, carolinabirds.org

I wasn’t sure what he meant until I heard the call clearly, and then I wanted to share this amusing sound with readers who missed the program.

“The Common Murre’s guttural call carries well over the roar of the waves, a natural laugh track, far richer than human laughter canned for a sitcom,” says narrator Michael Stein in the following sound clip.

      1. Common murres on Birdnote.

To learn more about the common murre in Washington state, check out Birdweb by Seattle Audubon or read the U.S. Fish and Wildlife Service’s report, “Biology and Conservation of the Common Murre in California, Oregon, Washington, and British Columbia
” (PDF 10 mb).

For other amusing bird sounds, I pulled a YouTube video created with the help of Nick Lund, who writes a blog called “The Birdlist.” This video was posted on National Public Radio’s science program “Skunk Bear.”

Andy Jeffrey of Earth Touch Network points out that the bald eagle’s less-than-intimidating chirp may not be the strangest call, but it may be the most surprising. For films and such, Hollywood producers have dubbed in the screech of a red-tailed hawk to give the eagle a more imposing sound.

We can’t leave the topic of funny bird sounds without taking time to listen to the lyre bird, known for its ability to mimic all sorts of sounds. And who better to sneak with us through the underbrush and explain this odd bird than the BBC’s David Attenborough. Check out the video.

While all of these bird sounds are amusing, who would you say is the most amusing bird? The question is open to debate, but I always get a kick out of the thievery of the various species of sea gull. The compilation video below offers a sampling of this clever bird’s antics. As you’ll see, a few other clever birds also are featured.

Upper Skokomish designated as ‘properly functioning’ watershed

More than 20 years of removing and reconstructing old logging roads in the Skokomish River watershed has finally paid off with measurable improvement to water quality and habitat, according to experts with Olympic National Forest where millions of dollars have been spent on restoration.

In a U.S. Forest Service project nicknamed “the Big Dig,” contract crews removed nearly 100 vertical feet of road in the South Fork of the Skokomish watershed to remove an eight-foot culvert. The work allowed a mountain stream to flow freely into the Skokomish River. Photo: Kitsap Sun, Steve Zugschwerdt.
In a U.S. Forest Service project nicknamed “the Big Dig,” contract crews removed nearly 100 vertical feet of road in the South Fork of the Skokomish watershed to remove an eight-foot culvert.
Photo: Kitsap Sun, Steve Zugschwerdt

The U.S. Forest Service this week declared that the upper South Fork of the Skokomish is now a “properly functioning” watershed, and the major road-restoration projects are complete.

After writing for years about horrendous problems with sediment washing out of the upper watershed, this news comes as a nice surprise. I’ve been hearing experts talk about water-quality improvements, but this new declaration is a major milestone in the restoration of the entire Skokomish River ecosystem.

“This is a proud and historic occasion for the Forest Service and our many partners who have worked very hard for over two decades to restore this once badly degraded watershed,” Reta Laford, supervisor for Olympic National Forest, said in a news release.

In 2010, the Forest Service classified the South Fork Skokomish as an “at-risk” watershed during a nationwide effort called the Watershed Condition Framework. Several other watersheds in Olympic National Forest also received this designation. See the map at the bottom of this page or download (PDF 5.3 mb) from the Forest Service website.

In 2012, Olympic National Forest designated the upper and middle South Fork Skokomish sub-watersheds as “priority watersheds.“ Forest Service officials pushed forward with action plans containing a list of restoration projects designed to put the watersheds on a path to ecological health.

For your review:

Completion of the key restoration projects in the upper South Fork allowed for the new designation as a “properly functioning” watershed. This marks the first time that any watershed in Olympic National Forest has been upgraded due to completion of all essential restoration projects. Watershed conditions and aquatic habitat will continue to improve as natural processes roll on.

Restoration in the South Fork actually began in the early 1990s, when the Forest Service acknowledged that the region was criss-crossed by a damaging network of logging roads. At nearly four miles of road for every four one square mile of forest, it was one of the densest tangles of roads in any national forest.

In 1994, the Forest Service designated the South Fork Skokomish as a “key watershed” in the Northwest Forest Plan, which called for major cutbacks in logging and received support from President Bill Clinton. Between the early 1990s and 2005, Olympic National Forest completed $10.6 million in restoration work, including $7.9 million for road decommissioning, road stabilization and drainage improvements.

In 2005, the Skokomish Watershed Action Team (SWAT) was formed among a coalition of more than 20 government agencies, environmental organizations and business groups with diverse interests. The SWAT developed a unified front for promoting restoration projects and seeking funds. Members agreed that the focus on roads should begin with the upstream segments, later moving downstream, while other work was coordinated on the estuary near Hood Canal. Much of the lower area was owned or acquired by the Skokomish Tribe, a critical partner in the SWAT.

Between 2006 and 2015, the Forest Service continued with $13.2 million in restoration projects in the South Fork, including $10.9 million on road problems. In all, 91 miles of roads were decommissioned, closed or converted to trails, and 85 miles of roads were stabilized or improved with new culverts and drainage features.

In 2008, I wrote about the problems and response of the SWAT in a Kitsap Sun story: “Taking (Out) the High Roads to Save the Skokomish.”

Much of the road restoration work was funded by Congress through the Forest Service’s Legacy Roads and Trails Program. Former U.S. Rep. Norm Dicks was instrumental in creating that program, and congressional support has continued under the leadership of Norm’s successor, U.S. Rep. Derek Kilmer, and U.S. Sens. Patty Murray and Maria Cantwell.

Key funding for restoration also has come from the Forest Stewardship program, which uses receipts from commercial timber thinning on forest lands. Other financial support — especially in the lower watershed — has come from the state’s Salmon Recovery Funding Board and the U.S. Environmental Protection Agency.

In 2009, I wrote a story for “Wilderness” magazine about how these programs were bringing “green jobs” to the region.

Meanwhile, the U.S. Army Corps of Engineers completed an in-depth study of the river’s ecosystem last year and is now seeking funding from Congress for a series of projects in the watershed. Check out Water Ways, April 28, 2016.

To celebrate this milestone for Olympic National Forest, the SWAT will recognize the work at its general meeting Friday at the Skokomish Grange Hall, 2202 W. Skokomish Valley Road. The meeting begins at 9 a.m., and the public is invited.

Map

Endangered Species Act can’t help Lolita, judge says in legal ruling

When Lolita, a female orca held captive since 1970, was listed among the endangered population of Southern Resident killer whales, advocates for Lolita’s release were given new hope. Perhaps the listing would help Lolita obtain a ticket out of Miami Seaquarium, where she has lived since the age of 5.

Lolita has lived in a tank at Miami's Seaquarium since age 5. Photo courtesy of Orca Network
Lolita has lived at Miami’s Seaquarium since age 5.
Photo courtesy of Orca Network

But a U.S. district judge ruled last week that the Endangered Species Act could not help her. While the federal law prohibits human conduct likely to “gravely threaten the life of a member of a protected species,” it cannot be used to improve her living conditions, according to the ruling (PDF 3.3 mb) by Judge Ursula Ungaro in the Southern District of Florida.

“We very much disagree with the decision, and we will be appealing it,” said attorney Jared Goodwin, who represents the plaintiffs — including the People for the Ethical Treatment of Animals (PETA), the Animal Legal Defense Fund and Orca Network.

Over the objections of attorneys for Miami Seaquarium, the judge said the plaintiffs have a right to sue the aquarium, but Lolita’s care and well-being falls under a different law: the Animal Welfare Act.

The judge noted that the National Marine Fisheries Service, which is responsible for marine species under the ESA, had previously stated that keeping threatened or endangered species in captivity is not a violation of the ESA. NMFS also deferred enforcement activities to the Animal and Plant Health Inspection Service, a division of the U.S. Department of Agriculture.

While the ESA prohibits listed species from being “harassed,” Judge Ungaro said the term takes on a different meaning for animals held in captivity, since the law is designed to conserve species in the wild along with their ecosystems.

The judge took note of the complaints about Lolita’s living conditions, including the small size of her tank, harassment by white-sided dolphins that live with her and the lack of shade or other protection from the weather. But those aren’t conditions to be judged under the ESA, she said.

“Thus, while in a literal sense the conditions and injuries of which plaintiffs complain are within the ambit of the ordinary meaning of ‘harm’ and ‘harass,’ it cannot be said that they rise to the level of grave harm that is required to constitute a ‘take’ by a licensed exhibitor under the ESA,” she wrote.

Judge Ungaro also cited statements made by NMFS in response to comments from people who want to see Lolita released into a sea pen or possibly into open waters. Such a release, “could itself constitute a ‘take’ under Section 9(a)(1) of the act,” she said, quoting NMFS.

“The NMFS noted concerns arising from disease transmission between captive and wild stocks; the ability of released animals to adequately forage for themselves; and behavioral patterns developed in captivity impeding social integration and affecting the social behavior of wild animals,” the judge wrote.

Jared Goodman, the plaintiffs’ attorney, said the judge needlessly applied a separate definition of “harassment” to captive versus wild animals. Conditions at the aquarium are clearly harassment for Lolita, he said, and the Endangered Species Act should provide the needed protection.

The Animal Welfare Act, which should require humane treatment for captive animals, is long out of date and needs to be revised based on current knowledge about marine mammals, he said.

The same plaintiffs filed a new lawsuit in May against the Department of Agriculture for issuing a new operating license to Miami Seaquarium without adequately considering the conditions in which Lolita is being kept. Previously, a court ruled that the Animal and Plant Health Inspection Service acted properly when it renewed the license for Miami Seaquarium each year, because the law does not require an inspection for an ongoing permit.

That is not the case with a new license, which was required when the Miami Seaquarium came under new ownership as the result of a stock merger in 2014, according to the lawsuit. Federal inspectors should have reviewed the legal requirements to certify that Lolita’s tank and other facilities met the standards before issuing a new license, Jared said. According to documents he obtained through public disclosure requests, it appears that the federal agency simply “rubber-stamped” its previous approvals, he said, adding that a formal review would show that the aquarium in violation of animal welfare rules.

As the legal battles go on, it is difficult to see how Lolita is any closer to being “retired” to a sea pen in Puget Sound where she was born, although Howard Garrett of Orca Network and other supporters have developed a plan for Lolita’s return and even have a specific site picked out. See “Proposal to Retire the Orca Lolita.” (PDF 3.5 mb).

Meanwhile, with SeaWorld’s announcement that it will no longer breed killer whales or force orcas to perform for an audience, a new group called The Whale Sanctuary Project is looking for sites to relocate whales and dolphins that might be released. The project has received a pledge of at least $1 million from Munchkin, Inc., a baby product company. For details, check out the group’s website and a press release announcing the effort. I should point out that SeaWorld officials say they won’t release any animals.

Previous “Water Ways” blog entries:

Amusing Monday: Ten new species with their own stories to tell

An international team of taxonomists has chosen the “Top 10 New Species of 2016” from among some 18,000 new species named in 2015.

They include a hominin in the same genus as humans and an ape nicknamed “Laia” that might provide clues to the origin of humans, according to information provided by the College of Environmental Science and Forestry at the State University of New York, which compiles the list each year.

The list also includes a newly identified giant Galapagos tortoise, two fish, a beetle named after a fictional bear, and two plants — a carnivorous sundew considered endangered as soon as it was discovered and a tree hiding in plain sight, states a news release from ESF.

The annual list of the top 10 new species was established in 2008 to call attention to the fact that thousands of new species are being discovered each year, while other species are going extinct at least as fast.

“The rate of description of species is effectively unchanged since before World War II,” said Quintin Wheeler, ESF president. “The result is that species are disappearing at a rate at least equal to that of their discovery.

“We can only win this race to explore biodiversity if we pick up the pace,” he said. “In so doing we gather irreplaceable evidence of our origins, discover clues to more efficient and sustainable ways to meet human needs and arm ourselves with fundamental knowledge essential for wide-scale conservation success.”

The top-10 list, compiled by the International Institute for Species Exploration, is a colorful sampling of the new species being named by taxonomists. The list comes out each year around Mary 23 — the birthday of Carolus Linnaeus, an 18th century botanist considered the father of modern taxonomy.

Descriptions of the “Top 10 New Species of 2016” are taken from information provided by ESF, which permitted use of the photographs. Additional information and photos can be found by following the links below.

Giant Tortoise

Chelonoidis donfaustoi

Eastern Santa Cruz Tortoise Photo: Washington Tapia
Eastern Santa Cruz Tortoise // Photo: Washington Tapia

A research team working in the Galapagos Archipelago of Ecuador has discovered that two species of giant tortoises — not just one — co-exist on the island of Santa Cruz. The discovery comes 185 years after Charles Darwin noted that slight variations in the shells of tortoises could distinguish which island they were from, which is among the evidence Darwin used in his theory of evolution.

Giant Sundew

Drosera magnifica

Giant sundew Photo: Paulo M. Gonella
Giant sundew // Photo: Paulo M. Gonella

This particiular giant sundew, a carnivorous plant, is the largest sundew ever found in the New World. It is believed to be the first species of plant discovered through a photograph on Facebook. It is considered critically endangered, since it is known to live in only one place in the world, the top pf a 5,000-foot mountain in Brazil.

Hominin

Homo naledi

Homo naledi Photo: John Hawks, Wits University
Homo naledi // Photo: John Hawks, Wits University

Fossil remains of at least 15 individuals makes this the largest collection of a single species of hominin ever found on the African continent. Once the age of the bones is determined, the finding will have implications for the branch of the family tree containing humans.

Photos and description

Isopod

Iuiuniscus iuiuensis

Isopod Photo: Souza, Ferreira & Senna
Isopod // Photo: Souza, Ferreira & Senna

This tiny amphibious crustacean, discovered in a South American cave, represents a new subfamily, genus and species of isopod with a behavior never seen before in its family group: It builds shelters of mud.

Anglerfish

Lasiognathus dinema

Angler fish Photo Ted Pietsch, University of Washington
Angler fish // Photo Ted Pietsch, University of Washington

This two-inch anglerfish — with its odd fishing-pole-like structure dangling in front — was discovered in the Gulf of Mexico by the National Oceanic and Atmospheric Administration while assessing natural resource damages from the Deepwater Horizon oil spill in 2010. The dangling structure, called an esca, is home to symbiotic bacteria that produce light in the darkness of the deep ocean and is presumably used to catch prey.

Photos and description

Seadragon

Phyllopteryx dewysea

Ruby seadragon Image: Josefin Stiller, Nerida Wilson and Greg Rouse
Ruby seadragon skeleton
Image: Josefin Stiller, Nerida Wilson and Greg Rouse

The ruby red seadragon, related to sea horses, is only the third known species of sea dragon. At 10 inches long and living in relatively shallow water off the West Coast of Australia, it is notable for having escaped notice so long. The ruby seadragon was first identified while testing museum specimens for genetics, then the hunt was on for a living sample.

Beetle

Phytotelmatrichis osopaddington

Tiny beetle Photo: Michael Darby
Tiny beetle // Photo: Michael Darby

The scientific name of this tiny beetle, just 1/25th of an inch long, comes from the fictional Paddington Bear, a lovable character in children’s books who showed up at Paddington Station in London with a sign that read, “Please look after this bear.” The researchers hope the name for the new beetle will call attention to the plight of the “threatened” Andean spectacled bear, which inspired the Paddington books. The beetle is found in pools of water that accumulate in the hollows of plants in Peru, where the bear also is found.

Primate

Pliobates cataloniae

Artists recreation of new primate Image: Mar􀀯a Palmero, Institut Catalá de Paleontologia Miquel (ICP)
Artist recreation of new primate // Image: Marta Palmero, Institut Catalá de Paleontologia Miquel (ICP)

An ape nicknamed “Laia” lived about 11.6 million years ago in what is now Spain, climbing trees and eating fruit. She lived before the lineage containing humans and great apes diverged from a sister branch that contains the gibbons. Her discovery raises the prospect that early humans could be more closely related to gibbons than to the great apes.

Flowering tree

Sirdavidia solannona

Open flower and buds on new tree Photo: Thomas Couvreur
Open flower on new tree // Photo: Thomas Couvreur

Found near the main road in Monts de Cristal National Park, in Gabon, this new tree species had been overlooked for years in inventories of local trees, which tended to focus on larger specimens. The tree grows to only about 20 feet high and is so different from related members of the Annonaceae family of flowering plants that it was given its own genus.

Damselfly

Umma Gumma

Male damselfly Photo: Jens Kipping
Male damselfly // Photo: Jens Kipping

This new damselfly, called the sparklewing, is among an extraordinary number of new damselflies discovered in Africa, with 60 species reported in one publication alone. Most of the new species are so colorful and distinct that they can be identified solely from photographs. The name Umma Gumma was taken from the 1969 Pink Floyd album, “Ummagumma,” which is British slang for sex.

Orca Awareness Month includes many activities

June is Orca Awareness Month in the Salish Sea. And, as we’ve seen in recent years, the Southern Resident killer whales are not around to help kick off the month-long celebration.

Logo

J pod, one of the three Southern Resident pods, typically moves in and out of Puget Sound through the winter and into spring, but none of the whales have been seen in inland waters since May 18, according to Orca Network. On May 24, the same groups were seen off the West Coast of Vancouver Island.

Let’s hope they are finding plenty to eat, then come home to the San Juan Islands in time for Orca Sing at Lime Kiln State Park on June 25, when people will gather to serenade them. Meanwhile, plenty of other events will be held during Orca Awareness Month.

Another annual event, planned for this Saturday, is EcoFest, which has been revamped this year as a more active festival, rather than a lineup of information booths. Organizers are calling the event in Kingston “a community science and nature festival.”

EcoFest

A nature walk followed by tips on bird watching, solar power, medicinal plants and green construction techniques are part of the festivities, along with music and food. For information, download the press release (PDF 77 kb) from Stillwaters Environmental Center or visit the Stillwaters website.

The following day, this Sunday, is the kickoff celebration for Orca Awareness Month, including a Baby Orca Birthday Bash at Alki Beach Bathhouse, 2701 Alki Ave. SW in Seattle. Live music by Dana Lyons (see Water Ways, Jan. 25), face painting, orca bingo and other activities are planned.

For the remainder of the month, activities include an informational webinar June 9, a discussion about the toxic threat June 16, “Orcas in Our Midst” workshop June 18, a march for endangered orcas June 24, “Orca Sing” June 25, “Oil, Orcas and Oystercatchers” forum June 25, and “Orca and Salmon: An Evening of Storytelling” June 29. These and several events yet to be scheduled can be followed on the Orca Month website or the Facebook page.

Orca Awareness Month was started 10 years ago by Orca Network and has been adopted by Orca Salmon Alliance, made up of organizations working to expand awareness of the relation between killer whales and salmon, both considered at risk of extinction.

Orca Awareness Month is recognized in Washington state in a proclamation from Gov. Jay Inslee (PDF 474 kb). In British Columbia, a proclamation was issued for the first time by the attorney general and lieutenant governor. For BC residents, a new Facebook page, Orca Month BC, is available.