Category Archives: Stormwater

No end in sight for dispute over pesticide injury to salmon

It has been 15 years since a federal judge ruled that the Environmental Protection Agency and National Marine Fisheries Service must consider whether pesticides increase the risk of extinction for Northwest salmon populations.

Chlorpyrifos

Since 2002, NMFS (also called NOAA Fisheries) has determined that some pesticides do indeed pose a significant risk to the ongoing existence of salmon listed under the Endangered Species Act. Yet, after all these years, permanent protective measures have not been imposed by the EPA, which is responsible for regulating pesticide use.

One could argue that progress has been made in the face of litigation from environmental groups. The EPA has acknowledged its responsibility under the Endangered Species Act, and the agency has adopted a new and evolving methodology for measuring the risk to listed species.

After its initial assessments were thrown out by the courts, NMFS has agreed to complete new biological opinions for five pesticides that pose some of the highest risks. Studies for chlorpyrifos, malathion and diazinon are scheduled to be done by the end of this year, followed by carbaryl and methomyl by the end of next year.

What we don’t know is whether President Trump’s anti-regulatory efforts and pledge to dismantle the EPA will slow or stop the process of protecting salmon. When it comes to pesticides, environmental activists will tell you that the Trump administration has already taken steps to undermine not only salmon but also human health.

For example, the insecticide chlorpyrifos was scheduled to be banned by the EPA after a new analysis found that its ongoing use on food crops could pose unsafe risks for people, especially young children whose brain development could be impaired.

In March, just before the ban was to go into effect, Trump’s new EPA administrator, Scott Pruitt, reversed EPA’s course, saying the U.S. Department of Agriculture disagrees with the methodology used by the EPA in developing the ban.

Environmental groups, which had already obtained a court order to force the EPA to reconsider its approval of the pesticide, were outraged. They filed yet another lawsuit, as described in a news release from Earthjustice.

“EPA’s stunning reversal on chlorpyrifos in the face of overpowering scientific evidence of harm to children signals yet another dereliction of duty under the Trump administration,” Kristin Schafer, policy director for Pesticide Action Network, said in the news release.

After the Ninth Circuit Court of Appeals refused to force the EPA to take immediate action on chlorpyrifos, nine U.S. senators stepped in to draft legislation that would ban the chemical. See news release and video from Tom Udall, D-New Mexico, and a separate statement from Earthjustice.

Chlorpyrifos is among numerous pesticides that can harm salmon directly and indirectly in a variety of ways, including destroying salmon’s ability to make their way upstream to spawn and killing off the insects they eat.

In its latest biological evaluation released in January, the EPA looked at more than 1,400 toxicity studies before concluding that chlorpyrifos in all its various uses could be expected to have an adverse effect on all threatened and endangered species throughout the U.S. — including killer whales in Puget Sound. Check out the news story by Adam Wernick, Living on Earth.

Of course, chemical manufacturers and farming groups — including apparently the USDA — are not easily convinced that certain pesticides are harmful. They want to go on selling and using these chemicals, as they have for many years. Consequently, they want the EPA to prove beyond a reasonable doubt that a chemical is causing damage. But federal law actually requires that all chemicals on the market be proven safe, so any doubt should trigger a reduction of pesticide use or at least greater restrictions on their application.

It is easy to complain about the adequacy of any scientific study. In fact, a disputed difference in methodology between the EPA and NMFS led to a National Academy of Sciences Review, which eventually made suggestions for unifying the agencies’ different scientific approaches.

Through the years, one thing that I have found remarkable is that chemicals rarely appear to get safer with time. For most pesticides, more study raises more concerns, and when you mix pesticides together you never know what you’ll get.

In 2008, shortly after I started writing this blog, I reported on a study by Nat Scholz, a NOAA toxicologist in Seattle who has been studying the effects of chemicals on salmon and other species. This particular study examined mixtures of chlorpyrifos and four other pesticides.

The biggest surprise, Nat told reporter Erik Stokstad of Science magazine, was the strength of the synergistic punch from the pesticides diazinon and malathion. Together, the two chemicals killed all the salmon exposed to them. Even at the lowest concentration, fish were extremely sick.

“It was eye-opening,” Nat was quoted as saying. “We’re seeing relatively dramatic departures” from what happens with each pesticide by itself. See Water Ways, Feb. 19, 2008.

Such findings raise questions about the adequacy of all studies conducted on single pesticides. Pending final reports on pesticide effects on salmon, the courts have imposed 60-foot no-spray buffers along streams (300 feet for aerial spraying) to reduce chemical exposure to salmon and other species.

Nobody can say for sure if those buffers are adequate, but biological opinions from NOAA due out at this end of this year could shed new light on the problem. Meanwhile, chemical manufacturers are hoping those court-mandated reports never see the light of day — and they are putting pressure on the Trump administration to slow down the process.

In a letter to EPA Administrator Scott Pruitt, a lawyer for the three companies — Dow AgroSciences, ADAMA and FMC — called on the EPA to withdraw its biological evaluation, saying the analysis is flawed in several ways. The lawyer also wrote to other federal officials, asking the National Marine Fisheries Service and U.S. Fish and Wildlife Service to delay their biological opinions. According to the lawyer, the court-imposed deadlines are not legally binding.

Reporter Tiffany Stecker of Bloomberg BNA does a nice job describing various viewpoints surrounding this complicated issue. She also describes a close relationship between Dow and the Trump administration.

“The company donated $1 million to President Donald Trump’s inaugural committee,” she wrote. “Trump appointed Dow Chairman and CEO Andrew Liveris to head the White House American Manufacturing Council.”

Dow spent more than $13.6 million on lobbying efforts last year, according to Michael Biesecker, environmental reporter for the Associated Press.

“When Trump signed an executive order in February mandating the creation of task forces at federal agencies to roll back government regulations, Dow’s chief executive was at Trump’s side,” Biesecker wrote.

“’Andrew, I would like to thank you for initially getting the group together and for the fantastic job you’ve done,’ Trump said as he signed the order during an Oval Office ceremony. The president then handed his pen to Liveris to keep as a souvenir,” according to the AP report.

Patti Goldman, managing attorney for Earthjustice’s Northwest Regional Office, said Dow executives are doing everything they can to suppress the science surrounding chlorpyrifos and other pesticides — including hiring their own scientists to raise doubts and delay proposed bans for these toxic chemicals.

“We have a person (Pruitt) in charge of the Environmental Protection Agency who really doesn’t believe in the mission of the agency,” Patti told me.

Turmoil over pesticides has been heightened by the Trump administration just when the EPA and NMFS appeared to be coming together to resolve long-held conflicts over how to assess risk and reduce harm to salmon, she said.

Now, after 15 years of court battles, the end of the conflict appears far from over.

“I think we have had incremental progress, because we’ve gotten the agencies to look at this,” Patti said. “Some chemicals are no longer on the market, and some are on the market for only particular uses.”

While there is plenty of disagreement over whether controls on pesticide use are working, for now the no-spray buffers remain in place as a temporary protection.

Are we winning or losing the ongoing battle for salmon habitat?

It has been said that the Puget Sound ecosystem would be far worse off today were it not for the millions of dollars spent on restoration projects over the past 25 years.

Undoubtedly, that’s true, but I think most of us are hoping that these costly efforts will eventually restore salmon populations while improving conditions for other creatures as well. Shouldn’t we be able to measure the progress?

Juvenile chinook salmon
Photo: John McMillan, NOAA

This basic question became the essence of my latest story published in the Encyclopedia of Puget Sound: “Are we making progress on salmon revovery?”

As I describe in the story, what seems like a simple question becomes tangled in the difficulties of measuring population and ecological changes. It turns out that you can’t just count the fish to see if restoration is working. That’s because natural variabilities of weather, ocean conditions and predator/prey populations cause salmon populations to swing wildly from year to year no matter what you do.

While researching this story, I learned a good deal about freshwater habitat conditions needed to help various species of salmon to thrive. Habitat improvements resulting from restoration projects are no doubt helping salmon in significant ways. On the other hand, one cannot ignore human development that continues to degrade habitat — despite improved regulations designed to reduce the damage.

I’ve heard some people say that wild salmon would come back in larger numbers if everyone would just stop fishing for them. This may be true to some extent, especially for high-quality streams that may not be getting enough salmon to spawn. But the key to the problem is understanding the “bottlenecks” that limit salmon survival through their entire lives.

A stream may have plenty of adult spawners, but that does not mean the salmon runs will increase if the eggs are buried in silt or if food supplies limit the number of fry that survive. There may be multiple limiting factors that need to be addressed to ensure healthy ongoing salmon populations.

Small improvements in habitat may actually boost the productivity of salmon in a stream, meaning that more salmon will survive. But the benefits of small projects on large streams may be difficult to distinguish from natural variation. Statistical analysis is used to determine whether increases or decreases in salmon populations are more related to habitat changes or natural variation. It takes a fairly dramatic change to link cause to effect in a statistically significant way.

One ongoing experiment is measuring changes in fry populations in several streams within the same watersheds. One stream is left alone — the “control” stream — while habitat improvements are made in others. Because the streams are closely related, biologists hope to attribute population increases to habitat improvements with a high level of certainty. See Intensively Monitored Watersheds on the website of the Washington Department of Fish and Wildlife.

The same issue of statistics applies to the aquatic insects that salmon eat. It appears that food supplies are improving in many salmon streams as a result of restoration, but not all benthic invertebrates are responding in the same way. For many streams, it will take more time to get enough data to determine whether the increased bug populations are statistically significant. This happens to be one issue that I side-stepped in the latest story, but I will be returning to it in the future. For background, check out an earlier story I wrote for the Encyclopedia of Puget Sound, “Healthy Streams, Healthy Bugs.”

While habitat restoration is ongoing, so too is human development, which continues unabated at what appears to be an accelerating pace. New regulations are designed to result in “no net loss” of important habitats, including shorelines, streams and wetlands. But questions remain about whether local regulations themselves and/or enforcement of the regulations are adequate.

Biologists at NOAA’s Northwest Fisheries Science Center are conducting research to determine whether habitat changes are for better or worse, especially with regard to chinook. We should see some results within the next few years, as the agency prepares to draft the next five-year status report for Puget Sound’s threatened chinook population.

Facing challenges that could save chinook salmon from extinction

Nineteen years ago this month, then-Governor Gary Locke made a bold declaration about salmon that would echo through time: “Extinction is not an option.”

Juvenile chinook salmon depend on high-quality habitat for their survival.
Photo: U.S. Fish and Wildlife Service.

It was a call to action that would lead to major protection and restoration efforts throughout Puget Sound. Still, today, chinook salmon have not experienced a population rebound, as many people had hoped. The failure to thrive has been a disappointment to many, yet we are often reminded that it took 150 years to push salmon to the brink of extinction and it will not be easy to ensure their future.

Last week, concerns about the survival of chinook salmon prompted a coalition of Puget Sound tribes to propose a series of “bold actions,” as I reported in the Encyclopedia of Puget Sound, later reprinted in the Kitsap Sun.

“The way we are managing lands is not working,” stated salmon expert Dave Herrera, speaking for the tribes. “It may be working for people, but it is not working for fish.”

The bold actions, spelled out in a three-page proposal (PDF 380 kb), include greater controls on the use of land and water, among other things. I won’t describe the details, which you can read in the memo. The ideas were prompted by a new Chinook Salmon Implementation Strategy, designed to accelerate an increase in the Puget Sound chinook population.

The tribes complained that the proposed strategy, as drafted, mostly mimicked the 10-year-old Puget Sound Salmon Recovery Plan. That plan has made limited progress in restoring wild salmon runs, despite millions of dollars spent to protect and restore habitat while limiting fishing and controlling hatchery production.

In his speech of June 1998, Gov. Locke worried about the risk of extinction for these migratory fish, which are an economic asset as well as a celebrated symbol of the Northwest.

Former Gov. Gary Locke

“In several Puget Sound watersheds, our wild salmon have less than a decade to live, unless we act now,” Locke said in 1998. “And in many more rivers and streams, if the status quo continues, our wild salmon will be gone before my daughter Emily graduates from high school. So we just don’t have any time to waste. For better or for worse, we are about to make history.”

Locke’s speech was indeed historic, as he launched an unprecedented endeavor to rebuild salmon runs at great financial cost. The governor seemed to understand the challenge, as I noted at the time in my coverage of the speech before more than 100 county officials in Tacoma:

“Locke appears to be glancing over his shoulder, ready to duck for cover, as he talks about the financial and political commitments required to keep salmon from disappearing in various parts of the state,” I wrote.

“We need to wake up every morning ready to challenge the status quo,” Locke said, adding that basic changes are needed in the way businesses and average citizens use their land and water resources.

“There is a risk,” Locke said, “in just delivering that message, let alone acting on it.”

The following year, the Washington Legislature created the Salmon Recovery Funding Board to prioritize state and federal funding for salmon recovery. And the next governor, Chris Gregoire, ushered in an even greater ecosystem-recovery effort under guidance of the Puget Sound Partnership.

Wetlands are critical habitat for salmon.
Photo: Eric Grossman, U.S. Geological Survey

Today, I can’t help but wonder what would have happened without these salmon- and ecosystem-recovery efforts. Would the salmon be gone, as Locke predicted? It’s hard to say, but researchers have learned a great deal about what salmon need to survive, and the money is being better targeted toward those needs. As a result, it is understandable why some people are both disappointed with the past and hopeful for the future.

One of the great challenges facing public officials today is to find ways for local governments to truly live up to the standard of “no net loss” of ecological function — a standard required by the state’s Growth Management Act. When new developments affect “critical areas” — such as fish and wildlife habitat — they must include vegetated buffers and stormwater controls to minimize the damage. Then they must enhance degraded habitat — either on-site or off-site — to make up for losses that cannot be avoided.

I used to believe that this goal was unachievable, and I have questioned many state experts about it. How can any developer construct a commercial or residential development and walk away with no net loss of habitat function? The answer is to include a serious restoration component.

One example is the Hood Canal Coordinating Council’s In-Lieu Fee Program, which I wrote about last month in Water Ways (May 19). This program was started on a large scale to mitigate for construction at the Navy’s submarine base at Bangor, but it also works on a small scale, as I mentioned in that blog post.

When an older site is redeveloped, there may be no ecological loss, since the damage was done in the past. But when a developer builds in a new location, the local government is charged with measuring the loss, coming to terms for mitigation and making sure the mitigation is carried out. The concept of “no net loss” works only if the mitigation is permanent — another major challenge in many areas.

If no net loss can be achieved while major restoration efforts continue, we will see a net increase in salmon habitat in the Puget Sound region, and that will be a cause of celebration. One success has been in the program Floodplains by Design, which improves critical off-channel habitat for salmon while reducing flooding problems for nearby residents. Checkout the story I wrote for the Encyclopedia of Puget Sound and the blog post in Water Ways, April 15.

Washington State Department of Commerce, which oversees the Growth Management Act, is in the process of updating its Critical Areas Assistance Handbook (PDF 6 mb), which serves as guidance for local regulations. New information about how to protect habitat for all life stages of salmon will be a key addition to a revised version, soon to be released for public review. See the CAO page on the Department of Commerce website.

Local governments in every part of the state must become part of the discussion if we expect them to carry out the mandate of protecting habitat for salmon. Money for planning and regulatory enforcement must be worked out. One idea I’ve heard is a regional approach that involves a group of compliance officials working to enforce the rules for multiple counties and cities.

No doubt the salmon-recovery effort must be improved. Challenges remain for issues including fishing, predation by marine mammals and climate change. But if the protection and restoration of salmon habitat can outpace unmitigated damage from development, we may be justified in believing that extinction is not an option.

Floodplains by Design solves problems through careful compromise

Water

The water understands
Civilization well;
It wets my foot, but prettily,
It chills my life, but wittily,
It is not disconcerted,
It is not broken-hearted:
Well used, it decketh joy,
Adorneth, doubleth joy:
Ill used, it will destroy,
In perfect time and measure
With a face of golden pleasure
Elegantly destroy.

— Ralph Waldo Emerson (1803-1882)

Floodplains by Design, a new program that combines salmon restoration with flood control, is a grand compromise between humans and nature.

I got to thinking about this notion while writing a story for the Encyclopedia of Puget Sound regarding the need to protect and restore floodplains in order to improve habitat for salmon and other species. The story is part of a series on Implementation Strategies to recover Puget Sound. Check out “Floodplain projects open doors to fewer floods and more salmon.”

Floodplains by Design is an idea born from the realization that building levees to reduce flooding generally causes rivers to rush faster and flow higher. Under these conditions, the rushing waters often break through or overtop the levees, forcing people to rebuild the structures taller and stronger than before.

Flooding along the Snoqualmie River
Photo: King County

Salmon, which have evolved through untold numbers of prehistoric floods, were somehow forgotten in the effort to protect homes and farmland built close to a river. Absent the levees, floodwaters would naturally spread out across the floodplain in a more relaxed flow that salmon can tolerate. High flows, on the other hand, can scour salmon eggs out of the gravel and flush young fish into treacherous places.

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New brochure alerts landowners to landslide hazards and what to do

Geology experts in Washington and Oregon have produced an easy-to-read brochure that can help people understand landslide risks, the underlying geology of slides and precautions that could avoid a disaster.

I have written a lot of words about landslides through the years, often relating stories of people involved in a catastrophic slope failures. But this new publication excels as a concise discussion of what people need to know if they live on or near a steep slope.

After the Oso landslide in the Stillaguamish Valley three years ago, I wrote a piece in the Kitsap Sun to help residents of the Kitsap Peninsula understand the risks they could be facing. Now I can point people to this graphically rich pamphlet, called “A Homeowners Guide to Landslides for Washington and Oregon” (PDF, 3.8 mb). It was produced by the Washington Department of Natural Resources and the Oregon Department of Geology and Mineral Industries.

“Our job is to understand Washington’s complex geology and how it impacts the people who live here,” Washington State Geologist Dave Norman said in a news release. “We want to make sure we put that information into their hands.”

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Learning to create small habitats in Kitsap, Thurston, Pierce counties

Marianne Jackson, a personal trainer and yoga teacher, lives in a fairly typical residential neighborhood in Des Moines, about halfway between Seattle and Tacoma. Marianne has been interested in gardening for years. Recently, however, she decided to up her game by creating a backyard wildlife habitat.

A flowering currant in Marianne Jackson’s garden is a native plant that is good for birds. She says hummingbirds love it.
Photo: Marianne Jackson

That’s when Sarah Bruemmer, a habitat steward coordinator for the National Wildlife Federation, entered Marianne’s life. Sarah knows how to turn small outdoor spaces — or large ones, if available — into functioning habitats. She coordinates a training program that addresses issues from soils, gardening and invasive plants to birds, butterflies and water quality.

Sarah’s month-long program, which includes weekly classes with two Saturday field trips, is scheduled for April in Kitsap and Thurston counties and May in Pierce County. Only a few seats remain for the Kitsap training to be held in Silverdale.

Marianne, 56, took the course last year and came away with a much deeper knowledge of the ecosystem. She had already ripped out her grassy lawn years ago to create what became a series of connected gardens, but the classes taught her how native plant species and water features can help native birds and butterflies.

“I already had the interest,” she said. “Now I have a lot more knowledge that I can put to use. I’m planning to get my yard certified.”

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Hope is alive for restoration of Puget Sound shellfish beds

Officials in Washington state’s Shellfish Program have identified a clear pathway to meet a state goal of restoring 10,800 net acres of shellfish beds to a harvestable condition by 2020.

The 10,800-acre target, established by the Puget Sound Partnership, was considered overly ambitious by many people when the goal was approved in 2011. Many still believe that the shellfish restoration effort will go down in flames, along with other goals, such as increasing chinook salmon and killer whale populations by 2020.

In reporting on the Shellfish Implementation Strategy, a document still under development, I’ve learned that the goal is within reach if enough of the ongoing recovery efforts around Puget Sound continue to make progress. Please check out my latest stories “Bringing the shellfish back” and “Closing in on the magic number in Samish Bay,” both published in the Encyclopedia of Puget Sound.

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Petition seeks to revoke Department of Ecology’s clean-water authority

Citing pollution problems in Puget Sound, an environmental group is asking the Environmental Protection Agency to revoke Washington state’s authority to enforce the federal Clean Water Act.

Northwest Environmental Advocates, based in Portland, says a review of 103 discharge permits issued by the Washington Department of Ecology shows a failure to control nitrogen pollution. Excess nitrogen reduces oxygen levels in the water and triggers algae blooms, resulting in serious problems in Puget Sound, according to a petition submitted to the EPA.

“Ecology determined that over 80 percent of the human sources of nitrogen in Puget Sound comes from cities and towns, but it continues to issue discharge permits as if it were completely ignorant of these facts,” Nina Bell, the group’s executive director, said in a news release.

“It’s just flat out illegal to issue permits that contribute to harmful pollution levels,” she added. “These permits are the walking dead, existing merely to create the impression that the state is doing its job to control water pollution when it is not.”

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Stream ‘bugs’ will help guide funding for future stream restoration

One of the goals established by the Puget Sound Partnership is to improve freshwater quality in 30 streams throughout the region, as measured by the Benthic Index of Biotic Integrity, or B-IBI.

Benthic invertebrates range in size from those easily seen with the naked eye to those that cannot be spotted without the use of a microscope. Photo: C. Dunagan
Benthic invertebrates range in size from those easily seen with the naked eye to those that cannot be spotted without the use of a microscope. // Photo: C. Dunagan

Simply described, B-IBI is a numerical measure of stream health as determined by the number and type of bottom-dwelling creatures that live in a stream. My latest article published in the Encyclopedia of Puget Sound describes in some detail how this index works. Here’s the basic idea:

“High-scoring streams tend to have a large variety of ‘bugs,’ as researchers often call them, lumping together the benthic species. Extra points are given for species that cannot survive without clean, cool water. On the other hand, low-scoring streams are generally dominated by a few species able to survive under the worst conditions.”

Because benthic invertebrates have evolved over time with salmon and other fish, many of these important “bugs” are primary prey for the fish that we value highly. Said another way, “healthy” streams — as measured by B-IBI — tend to be those that are not only cool and clean but also very good habitats for salmon.

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Stormwater projects in Silverdale offer hope for a degraded Clear Creek

Detailed planning and design, followed by thoughtful construction projects, have begun to tame the stormwater menace in Clear Creek, an important salmon stream that runs through Silverdale in Central Kitsap.

A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. Photo: C. Dunagan
A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. // Photo: C. Dunagan

Stormwater has been identified as the greatest pollution threat to Puget Sound. In Kitsap County, many folks believed that the dense development pattern in and around Silverdale has doomed Clear Creek to functioning as a large drainage ditch for runoff into Dyes Inlet.

But reducing stormwater pollution is not beyond the reach of human innovation, as I learned this week on a tour of new and planned stormwater facilities in the Clear Creek drainage area. The trick is to filter the stormwater by any means practical, according to Chris May, director of Kitsap County’s Stormwater Division and a key player in the multi-agency Clean Water Kitsap program.

Projects in and around Silverdale range from large regional ponds of several acres to small filtration devices fitted into confined spaces around homes and along roadways.

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