Watching Our Water Ways

Washington state’s salmon managers provided so much interesting information on Tuesday that I could not fit it all into my story in yesterday’s Kitsap Sun.

Pat Pattillo, salmon policy coordinator for the Washington Department of Fish and Wildlife, deserves recognition for his patience with me and the numerous sport and commercial fishers who ask him questions. He and WDFW Director Phil Anderson are two of the most mild-mannered guys you will ever know, and yet they manage to work through tough salmon negotiations year after year.

Let me recount some of the issues expected to come up over the next few weeks, with a focus on things not covered in my story.
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The battle over public access to Lake Tahuyeh is finally headed to court. Sport fishers would like to carry their boats down to the lake and launch them from a state-owned parcel of property. Lake residents wish to keep their “private” lake private.

I outlined the major legal issues in a story in today’s Kitsap Sun.

You may wish to return to this blog tomorrow, when I will give “live blogging” a try for the first time. At that time, you will be able to watch as I write from the courtroom, providing blow-by-blow arguments as they unfold before the judge.

Here’s the key question: If you buy a piece of property on a lake, do you have the right to open it up for public access?

When this issue first came up, I thought the outcome could set a precedent for other lakes where anglers would like to build a boat launch. But there are many aspects of this issue that are relatively unique. Here are a few:

— The question of whether Lake Tahuyeh was a natural lake or a bog.
— The point that Lake Tahuyeh was not a navigable waterway, which means the state does not own the lake bottom.
— The idea that the lake was changed substantially when it was dammed up.
— The fact that the state has never contributed to the cost of maintaining the dam or other operations on the lake.

Of course, attorneys for the state will argue that the public gained access to the lake in 1939 before most homes were built and that public rights to use the lake cannot be extinguished by any of these issues.

It will be interesting to see how these various points are argued in court.

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In recognition of Octopus Week at the Seattle Aquarium, I’m putting up a few videos for your entertainment and education. I’m posting this “Amusing Monday” early, so you can review the list of events at the Seattle Aquarium beginning this weekend.

First, before getting to the serious stuff, I’d like to start with an animated short film, “Oktapodi.” The film started out as a graduate school project by a team of French animators from Gobelins L’Ecole de L’Image. The production was nominated for an Academy Award during last year’s presentation and won numerous honors at film festivals.

The YouTube version here is OK, but if you want to see the film in full quality and can wait for the video to download, visit the official Oktapodi Web site and view the QuickTime version.

Back to the real world, check out this BBC video showing a diver up close with a giant Pacific octopus.

Elsewhere, the so-called mimic octopus is a fascinating creature, as shown in this video shot in Indonesia.

Finally, completing the tour, here’s a video from the Seattle Aquarium Web, which includes this sea creature as well as others.

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If you missed the “60 Minutes” segment on California’s water crisis, you may wish to view it online.

Reporter Leslie Stahl and her producers take time to explain the water shortage in the vast Central Valley and its effects on California farmers, with a special focus on the plans and ambitions of Gov. Arnold Schwarzenegger.

It appears to me that the biggest lesson Washington state residents can learn from California’s experience is to keep our eyes open to the entire world around us, move forward strategically, and never take water for granted.

Here is a sampling of comments from Todd Allen, a wheat, cotton and cantaloupe farmer in the region:

“This right here is 150 acres, and there hasn’t been anything planted on it …. You know, I’ve got a wife and kids. The thought of bankruptcy is something…I don’t think I could deal with that.”

But he doesn’t blame his troubles on the drought, Stahl explains. He blames the environmentalists who sued under the Endangered Species Act to protect a tiny little fish, the Delta smelt. And he blames the federal judge who ordered that the water pumps be turned down to save the fish, with the result that Allen got almost no water. He continues:

“When you can put the needs of a two-inch fish above me and my family and that thing could potentially bankrupt me, I got a serious problem with that… I even told Schwarzenegger to put all of us farmers out here on the California Endangered Species Act. Because that’s what I feel. I feel like I’m being punished, and I haven’t done a darn thing wrong.”

Here are comments from the governor himself while flying in a helicopter with Stahl:
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Negotiations between the Environmental Protection Agency and manufacturers of toxic flame-retardant chemicals will result in a three-year phase-out of the last polybrominated diphenyl ether, the deca form.

Steve Owens, EPA’s assistant administrator in the Office of Prevention, Pesticides and Toxic Substances, had this to say in a news release today:

“Though DecaBDE has been used as a flame retardant for years, U.S. Environmental Protection Agency has long been concerned about its impact on human health and the environment. Studies have shown that decaBDE persists in the environment, potentially causes cancer and may impact brain function. DecaBDE also can degrade to more toxic chemicals that are frequently found in the environment and are hazardous to wildlife.

“Today’s announcement by these companies to phase out decaBDE is an appropriate and responsible step to protect human health and the environment.”

Alarms bells have been sounding over PBDEs for several years. Concerns relate to liver and thyroid disease, neurological development and potential effects on the immune and reproductive systems.

Because they are persistent in the environment, these chemicals have been accumulating in the tissues of the familiar killer whales that frequent Puget Sound and the Salish Sea. See the story I wrote about toxics in orcas, October 2007.

Deca is used to reduce the risk of fire in electronics, textiles, automobiles and other applications, but other alternatives have been identified.

Today’s announcement relates to agreements with the two U.S. producers of decaBDE — Albemarle Corporation and Chemtura Corporation — along with the largest U.S. importer, ICL Industrial Products, Inc.

Under the new agreements, the companies will end production, importation and sales of decaBDE for most uses in the United States by December 31, 2012, and to end all uses by the end of 2013. Here are the letters of commitment:

Albemarle Corporation (PDF 403 kb)
Chemtura Corporation (PDF 34 kb)
ICL Industrial Products, Inc. (PDF 55 kb)

Brian Carter, global business director of Albemarle’s flame retardant group, made this comment in a prepared statement:

“While hundreds of science-based and peer-reviewed studies have shown Deca-BDE to be safe in use and one of the most efficacious flame retardants in the world, Albemarle is committed to delivering safe and effective products with increasingly smaller environmental footprints.

“Safe and environmentally sound substitutes for decabrom are available today, and we are working with our customers and the Environmental Protection Agency to implement a phase out of Deca-BDE in the coming years.”

Tony Parnell, vice president of Albemarle’s polymer solutions division, added this comment:

“In addition to our existing alternatives, Albemarle fire safety scientists have developed GreenArmor, a polymer-based flame retardant technology which is a recyclable and an eco-friendly alternative to current decabrom technology.

“Our investment in this new fire safety technology demonstrates Albemarle’s commitment to constantly seek higher-performing, sustainable alternatives to existing fire safety products.”

Meanwhile, the state of Washington remains on track to phase out PBDEs —with deca being the only one remaining. I was wondering how EPA’s agreement would mesh with Washington state’s requirements, so I called Curt Hart at the Department of Ecology.

“It is not an exact match, but it is very close,” Curt told me. “We are very pleased with the agreement that EPA has reached with these manufacturers. The good thing is that everyone now recognizes that deca is a problem as well (as other PBDEs).”

Visit Ecology’s Web site for the state’s phase-out schedule, including an important report called “Alternatives to Deca-BDE in Televisions and Computers and Residential Upholstered Furniture.”

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The National Oceanic and Atmospheric Administration has released a national policy supporting the use of “catch shares” — a management approach that numerically divides up the allowable harvest of fish among commercial fishermen.

Catch share quotas have been in place for halibut fishing in Alaska for more than a decade
NOAA photo

Instead of a race to catch the most fish in the shortest time, operators are allowed to choose when to fish, taking into account safety and market conditions. For harvest managers, the process provides greater control over the total annual catch.

Phil Anderson, director of the Washington Department of Fish and Wildlife, told me his agency is generally supportive of this kind of management. The Pacific Fishery Management Council, which governs fisheries on the West Coast, will launch catch shares in 2011 for groundfish.
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UPDATE, Dec. 9

J and K pods moved south into Puget Sound today, crossing the Vashon ferry route about 11 a.m. and still heading south past Maury Island about 3:30 p.m., according to reports posted on Orca Network.
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Killer whales from J and K pods were spotted by quite a number of North Kitsap residents this morning, according to reports by Orca Network.

The first report of the day came from a ferry captain, who reported the whales heading north from Edmonds about 9:45 a.m.

About 11:30 a.m., a Kingston resident reported several groups of whales off Kingston and passing close to the ferry. Shortly after noon, another Kingston resident told of orcas foraging off Apple Tree Point and generally heading north.

By early afternoon, the orcas were spotted by residents off Eglon, then off Point No Point. Some folks noticed a boat traveling with them.

The boat was a NOAA research vessel driven by Brad Hanson with Scott Veirs and Marla Holt on board, according to the Orca Network report. The researchers reported that the whales traveled north toward Whidbey Island until about 2:45, when they turned southeast toward Possession Bar. As darkness fell, the whales were headed up into Possession Sound.

The researchers reported that they were able to get several fecal samples and fish scales, which will be used to determine what kind of fish the animals are eating at this time of year.

“Who knows where they will show up tomorrow?” wonder Susan Berta and Howard Garrett, who operate Orca Network.

Yesterday, the whales followed a similar pattern during the day, starting near Kingston, though they moved around the tip of the Kitsap Peninsula, where they were seen off Foulweather Bluff before heading toward Marrowstone Island.

Here’s Susan’s and Howard’s detailed report from yesterday:

After receiving a call that orcas were heading north into Admiralty Inlet, we set out for the west side of Whidbey to try to find the whales from land. We found them at 12:55 pm from Double Bluff, SW Whidbey. We were able to see spouts south of Pt. No Point, N. Kitsap Peninsula, heading north…

By 1 pm they were off the Pt. No Point Lighthouse. We traveled to N. Mutiny Bay for a better viewpoint, and watched them from 1:30 pm, heading north past Skunk Bay/Hansville, the leaders reaching Foulweather Bluff at around 2:10 pm.

We went up to Bush Pt, at 2:40 the whales were south of S. Marrowstone Island, heading north, as a Navy sub and escorts passed by going south. By 3:40 pm they were off Ft. Flagler, continuing north. We went to Lagoon Pt, finding the whales at 3:53 pm directly off Lagoon Pt, and a bit closer to the Whidbey side, with a few direction changes and foraging. They were off the Ft. Flagler Lighthouse by 4:08 pm, spread out across the channel. We left at 4:20 pm as they continued north.

Orcas from K pod and sometimes J pod seem to be staying around this area between Whidbey and North Kitsap for several days now. My guess is that the orcas must be finding an adequate number of chum salmon to eat. Like Susan and Howie, I wonder where they will show up tomorrow.

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Early next year, two reports will be released focusing on the conditions of the nearshore ecosystem throughout the Puget Sound region. These reports will mark a turning point for the Puget Sound Nearshore Ecosystem Restoration Project, an effort that could lead to a multi-billion-dollar restoration effort. Read some details in a story I wrote for today’s Kitsap Sun.

I haven’t had a chance to dig deeply into all the reports written for this project the past few years, but they provide a true framework for understanding the structure and function of shoreline habitats. I hope to find time to study these reports, as I would a college textbook. I encourage anyone seeking to increase his or her level of knowledge about ecology to take a close look.

Following is a list of reports you can find on the Web site of the Puget Sound Nearshore Ecosystem Restoration Project.
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It seems like $4.6 million is a lot of money for removing abandoned fishing nets from the waters of Puget Sound. But I bet most people would agree that it would be great to get rid of 90 percent of the nets still submerged and killing marine life.

Twila Dawn Captain Steve Sigo (right) and First Mate Aaron Leschi (left) help diver Jake Johnston suit up for his dive at Apple Tree Cove near Kingston on Thursday, when the crew brought up an abandoned fishing net.
Kitsap Sun photo by Meegan M. Reid

Kitsap Sun reporter Tara Garcia Mathewson was on a boat Thursday, watching divers bring up a net in Apple Tree Cove near Kingston. See the story she wrote for today’s Kitsap Sun as well as a video.

Ray Frederick of Kitsap Poggie Club first informed me about “ghost nets” more than a decade ago. At the time, officials were just becoming aware about how much damage the nets can do. But, when it came to money, it wasn’t a high priority. State officials were reluctant to allow volunteers to do much, in part because they worried about people’s safety, or so they said. There also seemed to be a concern about using robotic equipment to yank up the nets, because it could harm sea life and undersea habitat where the nets were wrapped around rocks.

Now, with federal stimulus dollars, professional divers are on the job with a goal of removing 3,000 nets before the end of next year. If I’ve done the math correctly, we’re talking about a little more than $1,500 for each net.

For perspective on the history, see stories I wrote for the Kitsap Sun in May of 2000 and in June of 2002.

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The “common cold” is not what it used to be — or maybe I’m not what I used to be. Does anybody think our viruses today are more hostile?

In any case, a bout with some kind of respiratory bug has knocked me back about five days. I would call it the flu, except that I didn’t have much of a fever.

So now I find myself with a backlog of news stories that I had planned to discuss with you all. Since time doesn’t stop, there will be more stories tomorrow and the day after that.

So I’ll mention some of the interesting stories from the past week and offer you a chance to comment on any of these things. If something provokes your interest or concern, I’ll be happy to moderate or join the conversation.

Fuel spill at PSNS (Thursday)

Last Thursday, 500 gallons of jet fuel spilled from the USS Abraham Lincoln. Fortunately, the ship had been preboomed, so the spill was contained and did not spread out across the harbor.

I covered the first news story on this spill, and I still have some questions, but I haven’t been back to work long enough to get them answered. For example, I have always been told that you shouldn’t preboom highly volatile liquids, such as gasoline and kerosene, for fear they could catch fire. Has something changed about this idea? (I know one boom was already in place, which is now a standard Navy precaution. But they added another.)

Salmon migration (Sunday)

Sunday’s Kitsap Sun featured my annual story encouraging people to go out and watch chum salmon migrating upstream. As usual, the package included a map of local streams (interactive map for online viewers) and tips for watching the fish without disturbing them.

Wherever you live, you may be interested to know how the runs are shaping up, which I covered in a general way. Chum are doing quite well, but not like the records of the recent past. Pinks were amazing. Coho are coming in large, but their abundance varies by location.

Ueland gravel operation (Monday)

Reporter Derek Sheppard filled in well for me on a story I have been following for a couple of years. I’m talking about the public hearing to decide whether a gravel mine, rock quarry and possible concrete batch plant should be built west of Kitsap Lake. There are a lot of issues involved, including traffic on Northlake Way and water quality and quantity going into Chico Creek. The hearing was continued to Dec. 10, so there will be more discussion.

Gravel zoning in Jefferson County (Tuesday)

The Washington State Court of Appeals agreed that the Jefferson County commissioners acted properly in zoning 690 acres in East Jefferson as a “mineral resources land overlay.” Here’s a question: I had understood that the zoning was a prerequisite to the proposed pit-to-pier project, whether or not the zoning stood by itself. But the appeals court ruling states, “(the) future project is not dependent on the proposed action.” If someone would clarify for me, that would be great.

Brown pelican removed from endangered list (today)

I’m not sure how many people check the “Water, Water Everywhere” list at the top of this blog for stories, research and government actions, but I link to a lot of stuff there that I don’t have time to address in detail. Such was the case today with the nationwide de-listing of the brown pelican. Go to the U.S. Fish and Wildlife Service news release as well as an L.A. Times story.

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