I announced in Monday’s Kitsap Sun that the utility district had received a Class A certification for its “pasteurized” biosolids. The certification allows the material to be used even on vegetable gardens, because the certified treatment process is designed to destroy all measurable pathogens.

Biosolids have been proven to be a rich soil amendment, but their use remains controversial. I consider the controversy to be in the realm of debates where the question is, “How safe is safe?”

Some people worry about active compounds, such as pharmaceuticals found in sewage. The question is where these compounds go when released into the environment in biosolids. Most research shows that such compounds are generally bound up with soil particles, but research continues into the rate that various chemicals are taken up by various plants. We’re talking about very low levels.

It is an entirely different story if we’re talking about pharmaceuticals and personal care products being released with sewage effluent into rivers and streams or even saltwater, where organisms have direct access to the compounds.

I covered these safety issues last year when West Sound Utility District was considering an application of Class B biosolids to forestland near Port Gamble. Please check out the Kitsap Sun, March 26, 2011.

Whether you choose to use some of West Sound’s biosolids on your lawn or garden is a matter of personal choice. Here are some references that cover various sides of the issue.

Cornell University Waste Management Institute

King County Frequently Asked Questions on Biosolids

Sierra Club policy against most uses of biosolids

Mother Jones magazine: “Sludge Happens”

University of Washington soil scientist Sally Brown in an interview at Kansas State University (video below)

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The initiative is being directed by a “core group,” made up of representatives from seven state and federal agencies. Advice is coming from a much larger advisory group in quarterly meeings like the first one yesterday. See “Purpose Statement” (PDF 44 kb) for details.

Manchester Research Station
NOAA photo

During the meeting, the group reviewed progress on a work plan that includes more than 30 different tasks, each assigned to a small working group. I made notes on many of the projects, which I’ll share with you in future news stories or blog entries.

I did focus on one Kitsap County project with relevance for the entire Puget Sound region: a new oyster hatchery at Manchester Research Station to produce baby Olympia oysters. It will be part of an ongoing effort to restore the native Olympias. See the story I wrote for today’s Kitsap Sun.

One anonymous person commented at the bottom of the story: “Hey, an organization that actually accomplishes something! Keep up the good work and don’t get bogged down in doing studies and producing reports that no one will read or respond to.”

I understand why people are sometimes frustrated by the planning that seems to go on and on. But without planning, I’m not sure who would grap the limited money. Without planning, the projects would have no focus and the work would be done haphazardly.

The Washington Shellfish Initiative, while going beyond Puget Sound, is integrated within the Puget Sound Action Agenda by the Puget Sound Partnership, which has been assigned by the governor to coordinate the shellfish initiative. The Action Agenda is designed as a blueprint for the full restoration of the Puget Sound ecosystem.

If you’d like to catch a glimpse of other shellfish projects in the works, you can download the work plan (PDF 120 kb).

For background on the Washington Shellfish Initiative, check out the story I wrote for the Kitsap Sun Dec. 9, when the project was announced jointly by Gov. Chris Gregoire and Jane Lubchenco, administrator of the National Oceanic and Atmospheric Administration.

Other information and important links related to the initiative can found on a Water Ways entry I wrote a few days later on Dec. 16.

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I guess I’ve been watching and waiting for something to happen. Well, a couple weeks ago, Washington Sen. Maria Cantwell began stirring the pot again.

Here’s what she said during a March 29 hearing of the Senate Energy and Natural Resources Committee:

“I definitely believe that we should get these asset class investors out of this market. Saying that we are going to allow a bunch of investors to treat the commodities market like they want to treat the rest of Wall Street from a securities and investment perspective I think is the wrong idea for commodities, something particularly as vital as gasoline.”

In a press release, Cantwell noted that in February various commodities index funds held positions in NYMEX crude oil contracts equivalent to 233.9 million barrels of oil. If each million barrels of speculation adds 10 cents to the price of crude, as suggested by a Goldman Sachs analysis, then recent speculation could be driving up the price of oil by $23 a barrel. That translates to about 56 cents per gallon more at the pump, according to the release.

In the latest development today, President Obama released a “fact sheet” and a five-point program for dealing with oil speculation. Here’s what he proposes:

1. Request Immediate Funding to Put More “Cops on the Beat” Overseeing Oil Markets: The President is calling on Congress to pass an immediate increase in funding to support at least a six-fold increase in the surveillance and enforcement staff for oil futures market trading at the Commodity Futures Trading Commission (CFTC).
2. Fund Critical Technology Upgrades in the Oversight and Surveillance of Energy Market Activity: The President is also requesting that Congress provide the CFTC funding for critical IT upgrades to strengthen monitoring of energy market activity.
3. Substantially Increase Civil and Criminal Penalties for Manipulation in Key Energy Markets: The President’s proposal includes a ten-fold increase in maximum civil and criminal penalties for manipulative activity in oil futures markets. These heightened penalties will make sure that penalties reflect the seriousness of misconduct.
4. Empower the CFTC to Raise Margin Requirements in Oil Futures Markets: The President is also calling on Congress to act immediately to give the CFTC authority to direct exchanges to raise margin requirements to address increased price volatility or prevent excessive speculation or manipulation. This authority will help limit disruptions and reduce volatility in oil markets.
5. Take Immediate Steps to Expand Access to CFTC Data to Better Understand Trading Trends in Oil Markets: These executive actions will allow additional analysis of CFTC’s data to look for patterns and better understand trading activity in energy markets.

The “fact sheet” also includes a description of steps already taken to oversee energy markets, including the Wall Street Reform Bill and administrative actions.

Frankly, the reason I’m so interested in this issue is that the price of oil can drive hasty decisions about development of oil reserves and changes in the method of transport, as we have seen the past two years. These effects inevitably spill over into impacts on the environment, including potential damage to our waterways.

To be fair, various experts have weighed in on both sides of the question about how much the price of oil is related to speculation on oil futures. Some argue that the government cannot manage speculation because it is fundamentally tied to price and demand. They say that when government puts its heavy hand into the marketplace, the consequences are never good.

Here are some past Water Ways posts that have looked at this issue.

Learning the ins and outs of oil speculation, July 16, 2088

Researcher finds manipulation in oil markets, Aug. 6, 2008

Energy issues are heating up in Congress, Sept. 9, 2008

What’s all this talk about oil speculation? Sept. 16, 2008

Financial meltdowns, oil speculation and politics, Sept. 20th, 2008

The following video is from a March 29 hearing of the Senate Energy and Natural Resources Committee. In it, you’ll see Sen. Cantwell questioning Daniel Yergin, chairman of the consulting firm IHS Cambridge Energy Research Associates. But don’t look for many answers from Yergin. It appears that Cantwell’s office posted this video because it gives Cantwell a chance to outline her position.

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Birds of prey tend to understand updrafts like no human ever could. It’s part of their instinctual nature to conserve energy while flying.

Paraglider pilots have always paid attention to where these birds are soaring. But now some of the rehabilitated birds are being trained as majestic aerial companions, coming and going from the glider to take a bite of food and then lead the way to more adventure.

The stunning two-minute video provides a glimpse of a training session with a Harris’s Hawk. (Be sure to click to full screen.) Lite Touch Films, which produced the piece, plans to introduce the sport to the U.S. I’m attempting to get more particulars about this video, which includes music by Asche & Spencer. Thanks to Chuck Hower of South Kitsap for bringing this video to my attention.

Parahawking reportedly got its start in 2001, when Scott Mason, a British bird trainer and conservationist, traveled to Nepal to go paragliding with a wide variety of raptors in the Himalayan Mountains. He hooked up with a paragliding company to create a commercial enterprise, which donates a portion of its income to bird conservation groups. Check out his story in the newspaper Gulf Times.

The 20-minute video below was produced by Mason to show some of the trips taken in Nepal during the 2010-2011 season of parahawking. For details, check out Parahawking and Himalayan Raptor Rescue.

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The Japanese whaling fleet killed 266 Antarctic minke whales this year, compared to a government quota of 850, plus one fin whale, compared to a quota of 50, according to Michihiko Kano, Japan’s minister of Agriculture, Forestry and Fisheries.

The Mainichi Daily News, based in Japan, reports that the low numbers were attributed to bad weather but noted that Sea Shepherd obstructed the whaling operations 11 times during the season.
—–

Sea Shepherd Conservation Society has completed another year of battling Japanese whaling ships in the Antarctic, and again this year a camera crew was on board its ships to film a new season of “Whale Wars.” The new season of the TV show will begin in June.

The Japanese whaling vessel Yushin Maru 2 shoots its water cannons at a Sea Shepherd inflatable, which had approached it.
Photo by Billy Danger, Sea Shepherd

The Japanese government reportedly provided $30 million from its tsunami and earthquake relief fund to continue the whaling, which the government allows as “scientific research.” The ban on whaling includes an exemption for research, but the International Whaling Commission has failed to preclude the commercial sale of meat from “research” animals. The result has been an ongoing dispute about whether commercial whaling should be considered research.

Needless to say, Sea Shepherd does not consider it research. For the past eight years, the whale-advocacy group has followed the whaling fleet and disrupted the hunt whenever possible.

For much of the recent whaling season, which began in December, Sea Shepherd was able to divert the attention of two harpoon ships and a security vessel. Sea Shepherd’s leader, Paul Watson, said the whalers ignored their own protocols this year by going to the same area as last year:

“This illustrates that they really have no scientific agenda at all since their so-called survey requires them to ‘sample’ whales from the two different areas alternatively each year. This is not about science and it never has been. It’s not even about profit anymore because we have negated their profits. It’s simply about pride. Whaling in the Southern Ocean has become a heavily subsidized welfare project for an archaic industry that has no place in the twenty-first century.”

The following chronology was compiled from reports issued by Sea Shepherd and by the Japanese Institute for Cetacean Research:

Dec. 7: The Japanese whaling fleet, consisting of three ships, sail from the port of Shimonoseki toward the Southern Ocean.

Dec. 24: The Sea Shepherd ship Steve Irwin locates the Japanese factory ship Nisshin Maru using a drone — a small unmanned airplane added this year to the Sea Shepherd fleet. The remotely operated drone carries cameras and detection equipment. Named the Nicole Montecalvo, the drone was donated by Bayshore Recycling of New Jersey.

Dec. 28: The Sea Shepherd’s Scout Ship Brigiitte Bardot is struck by a rogue wave, which cracked the hull and damaged one of the pontoons. The ship with its crew of 10 was following the Nisshin Maru in six-meter swells when the incident occurred. The Sea Shepherd ship Bob Barker continues to follow the Nisshin Maru, while the Steve Irwin heads to assist the Brigitte Bardot, about 20 hours away.

Jan. 4: The Bob Barker encounters the Yushin Maru 3 about 190 miles north of the French Antarctic base of Dumont D’Urville. The Japanese Institute for Cetacean Research reported that two inflatable boats cross the bow of the Japanese ship about 30 times in attempts to foul its propeller with ropes. Meanwhile, Steve Irwin and Brigitte Bardot are heading toward Fremantle, Australia, for repairs and refueling. They are tailed by the Shonan Maru #2.

Jan. 7: Three Australian members of the group Forest Rescue come by boat from shore and approach the Shonan Maru 2, which is tailing the Steve Irwin and Brigitte Bardot off the West Coast of Australia. Under the cover of darkness, the three men work their way past razor wire, cross over the rails and board the Japanese vessel. A statement by Forest Rescue says the action is a protest against the Australian government, which failed to carry through on an election promise to stop the whaling in the Southern Ocean. The men were taken into custody aboard the Japanese boat. About a week later, they were transferred to the Australian Customs Vessel Ocean Protector, which returned them to Albany, Western Australia.

Jan. 11: The Japanese Institute for Cetacean Research reports that two inflatable boats from Sea Shepherd approach the Yushin Maru 2 and the crews release prop-fouling ropes while tossing at least 20 bottles containing either butyric acid or paint. Seven bottles hit the ship.

Jan. 18: The Japanese Institute for Cetacean Research reports that two pontoon boats from the Steve Irwin attack the Yushin Maru 2, deploying six prop-fouling ropes and tossing at least 30 bottles of paint. The Japanese group also reports that Sea Shepherd crew members use a knife to cut intruder-prevention float fenders. Yushin Maru crew members use bamboo poles to push the boats back. Sea Shepherd reports that one of its crew members is cut when struck in the face with a bamboo pole. Two cameramen for Animal Planet get hit in the shoulders by grappling hooks thrown from the Yushin.

Jan. 21: The ICR reports that the Yushin Maru 2 is attacked by two Sea Shepherd inflatables. Sea Shepherd crew members use a launcher to shoot at least 20 bottles filled with butyric acid or paint. Some strike the Yushin.

Feb. 7: In an effort to slow down the Yushin Maru 2 and allow the Steve Irwin to gain some distance, Sea Shepherd deploys three inflatable boats and a jet ski. The crew member on the jet ski is knocked into the water with a water cannon fried from the Japanese ship. Nearly frozen, the man swims back to his jet ski and returns to the Steve Irwin.

Feb. 11: The ICR reports that two inflatables from Sea Shepherd triy to deploy a prop-fouling rope on the Yushin Maru 2. Crew members of the Yushin Maru 2 tow their own rope with warning buoys, saying the goal is to keep the Sea Shepherd boats back. Sea Shepherd crews cut the ropes.

Feb. 12: The ICR reports another similar attack involving Yushin Maru 2 and inflatables using prop-foulers, smoke bombs and bottles of butyric acid.

Feb. 13: The ICR reports another similar incident, this time involving the Yushin Maru 3 and three inflatables.

Feb. 13-16: Sea Shepherd reports that it has plowed through pack ice to lose the Yushin Maru 3 and try to catch up to the factory ship Nisshin Maru.

Feb. 23: The Sea Shepherd vessel Bob Barker returns to sea from Wellington, New Zealand, where it has gone for refueling. Sea Shepherd announces that the Bob Barker would return with enough fuel to allow the Steve Irwin to complete the campaign over the next two months.

Feb. 28: Sea Shepherd reports that their ruse over the past 10 days has worked against the Japanese whalers. The two Japanese vessels, a harpoon ship, Yushin Maru 3, and security ship, Shonan Maru 2, have been following the Steve Irwin all the way to Aukland Island, New Zealand, where the refueling was scheduled. But the Bob Barker never intended to make the rendezvous; it headed straight back to the Southern Ocean.

“The Japanese ships fell for the bait, following hard on our heels first to Macquarie Island and then onto Auckland Island,” said Watson. “They have wasted tons of fuel and weeks of time to accomplish nothing more than to escort the Steve Irwin back north. Now they have no one to follow anymore, and the Bob Barker is free to continue the chase.”

March 5: The Bob Barker catches up to the factory ship Nisshin Maru and its three harpoon ships, including the Yushin Maru 3, which has just arrived after leaving the Steve Irwin. Sea Shepherd reports that whaling activities cease when the Nisshin Maru starts running away near Commonwealth Bay, 60 miles off the Antarctic Coast.

Paul Watson issues this quote:

“This has been a long and tough campaign, with the worst weather and ice conditions that we have experienced in the entire eight seasons we have ventured into the Southern Ocean Whale Sanctuary. But despite the temporary loss of our scout ship, the Brigitte Bardot, and our constant dogged pursuit of the Nisshin Maru, we have kept them on the run, taken two of their three harpoon vessels off the hunt for two months, severely crippled their killing capabilities and now once again we have shut them down 100 percent. Operation Divine Wind has been enormously successful.”

Night of March 5: Sea Shepherd reports that, as darkness falls, the two harpoon vessels Yushin Maru 2 and Yushin Maru 3 head straight for the Bob Barker, under command of Swedish captain Peter Hammarstedt. The report says:

“Darkness was rapidly closing in and snow was beginning to fall, when, in a desperate move to throw the Bob Barker off the back of the Nisshin Maru, the two harpoon vessels began passing dangerously across the bow of the Bob Barker dragging 300-meter-long, thick cables to foul the prop of the Bob Barker.

“The harpoon ships trained their spotlights on the bridge of the Bob Barker, in an effort to blind the crew but backed off when the Bob Barker crew retaliated with lasers. Flares were fired and angry radio messages exchanged in Japanese and English.”

“The Yushins, much faster and more maneuverable than the Bob Barker, harried the Sea Shepherd crew at close quarters for hours in their effort to prevent the Bob Barker from pursuing the Nisshin Maru.

“Captain Peter Hammarstedt, 27, a veteran of numerous Sea Shepherd campaigns, deftly avoided the fouling lines as he kept the pressure on the Nisshin Maru.

“There were no injuries on any of the ships involved, and the Bob Barker continues to pursue the Nisshin Maru, having totally disrupted their illegal whaling activities.”

A report of the incident by the Institute of Cetacean Research says the Japanese vessels “encountered a Sea Shepherd ship the Bob Barker when they were moving after having ended another day of research activities.” The report characterized it as an attack from the Bob Barker. The stern rope — with its “keep-your-distance” warning buoy — was designed to keep the Bob Barker from approaching the Nisshan Maru, the report says.

March 8: Sea Shepherd reports that whaling season is over:

“Since March 1st, the Bob Barker has followed the Nisshin Maru as they headed steadily northwestward. The Japanese harpoon vessels have stopped tailing the Bob Barker. The fleet has left the waters of the Southern Ocean Whale Sanctuary, according to Captain Peter Hammarstedt. The Japanese government security vessel, Shonan Maru #2, has been spotted by fishing vessels at thirty degrees South, which is due east of Brisbane, Australia, indicating that the vessel is well on its way back to Japan.”

Watson predicts that when the number of dead whales are totalled, it will show that the fleet fell short of even half its goal, possibly only 30 percent of the government quota.

The Bob Barker will return to Hobart, Tasmania; the Brigitte Bardot is completing repairs in Fremantle; and the Steve Irwin is now berthed in Williamstown.

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Comedian Stephen Colbert is a huge supporter of fracking, as you can see in the video at right.

“My only worry,” he says, “is that we will become too dependent on ourselves and end up invading Pennsylvania. That place is a quagmire full of religious extremists (photo of two Amish men) and fanatics (photo of Philadelphia Phillies mascot Phillie Phanatic).

In the music realm, check out “My Water’s On Fire Tonight” (“The Fracking
Song”), a collaboration of Studio 20 at New York University and Pro Publica.

Comedian Jon Stewart conducts a semi-serious conversation about natural gas development with T. Boone Pickens, the business financier who is heavily invested in natural gas resources. Stewart never seems to get around to asking about industry changes the past few years or about the potential environmental consequences of fracking.

A more balanced examination of the issue was written by Steven Mufson of The Washington Post, carried a couple days ago on the Seattle Times website. I’m offering that link for information, not amusement.

Finally, Ann McElhinney, an Irish filmmaker, believes that fracking is an important element in this nation’s effort to develop new energy supplies. (Check out this YouTube video.) She argues that the environmental risks have been greatly overblown and is planning to make a film about the issue. It will be called “FrackNation,” a counterpoint to Josh Fox’s “Gasland.” I think you’ll find her talk amusing, though it may stir up some other emotions as well.

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Without the exemption, back property taxes would come due when Kitsap County acquires ownership of various parts of the North Kitsap forestland — even if the county maintains the property for timber production. For a more complete explanation, check out my story in yesterday’s Kitsap Sun.

Rep. Drew Hansen, D-Bainbridge Island, who sponsored the bill with North Kitsap Rep. Sherry Appleton, told me that he liked my comparison of the North Kitsap Forest and Bay Project to a puzzle made up of many pieces (Water Ways, Dec. 31). He has been using the analogy in his explanations of the project.

The goal is to acquire blocks of forestland from Pope Resources, as the company divests itself of lands in Kitsap County and buys other property in less populated areas of Southwest Washington. To support the project, at least a half-dozen grant applications will be going out by summer seeking funding for the purchase.

Sandra Staples-Bortner, who chairs the Kitsap Forest and Bay Coalition, mentioned that many of the grants are specific to protecting shorelines, wetlands and other sensitive areas. Protecting a second- and third-growth tree farm will be more of a challenge — even with the likelihood that the land would eventually take on characteristics of an old-growth forest supporting a great diversity of wildlife.

If House Bill 2502 is a piece of a puzzle, it’s an edge piece, one of the early pieces that frames the picture and makes it easier to match other pieces that come later. In Kitsap County, excitement and anxiety are running high for the project, which people seem to recognize for its tremendous ecological potential for future generations. But what really can be done in this period of tight money? We will see.

Getting the forest tax compensation bill through the Senate took some scrambling, teamwork and a grassroots uprising. Kitsap Sun reporter Steve Gardner compiled the e-mails that were flying around on the final day to move the legislation. See “A glimpse at the effort” on the Kitsap Caucus blog.

The bill is a bit difficult to understand, as can be seen by the confusion in the comments below yesterday’s story. People seem to recall that there was a plan to allow Pope Resources to trade its forestland to the county for increased density in Port Gamble. That plan has been abandoned. Now, an outright purchase is on the table, and the company has given the county 18 months to see what deals can be put together. Forterra, which has extensive experience with conservation purchases, is in the midst of the fund-raising effort.

Last, but not least, Kitsap County Commissioner Rob Gelder, who represents North Kitsap, sat down recently with some of the key players in the Kitsap Forest and Bay Coalition. His “Commissioners Corner” video is below.

Commissioners Corner with Rob Gelder from Kitsap County on Vimeo.

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Izumi Stephens

Izumi left yesterday, traveling with her daughter Fiona, who will be 14 in April and who shares her mother’s passion to save whales and dolphins.

Cove Guardians are volunteers who document and photograph the slaughter of dolphins in Taiji, Japan, a town made famous by the award-winning documentary “The Cove.”

I talked to Izumi Wednesday before she flew out. She was excited and a little nervous. As a Japanese citizen who has lived in the United States 19 years, she was not sure how she would be received by Japanese residents when she stands alongside Sea Shepherd volunteers.

A year ago at this time, Izumi was serving aboard the Sea Shepherd vessel Steve Irwin as it followed Japanese whaling ships and disrupted their activities in the Southern Ocean of Antarctica. Izumi translated messages between the Japanese whalers and Sea Shepherd and helped coordinate coverage by Japanese reporters.

Izumi was the first Japanese translator who did not conceal her identity from the photographers filming “Whale Wars,” a weekly reality program on Animal Planet. Izumi appeared in several scenes but was not a major character. Check out my initial story for the Kitsap Sun on Oct. 31, 2010, with follow-up reports on Water Ways: Jan. 4, 2011 … Feb. 22, 2011 … and June 1, 2011.

Izumi says her language skills may come in handy in Taiji. Also, her understanding of Japanese values may help her build a “bridge of understanding” with the Japanese people. Many see no difference between killing dolphins and killing fish to eat, she said, yet dolphins are intelligent mammals, and the rate of hunting cannot be sustained.

“To them, killing dolphins is a tradition,” she said, “but every country has its horrible traditions. Spain gave up the bull fight, and Japan can give up this.”

Izumi said her daughter Fiona put together a school project about the anti-whaling conflict last year, so she understands the arguments on both sides.

Cove Guardians say they are careful to obey the local laws as they document the daily killing of dolphins, which they claim is about 20,000 per year. Besides documenting and filming the deaths of dolphins and the movement of fishing boats, the general goal is to create a sense of shame among the hunters and local residents, they say.

Suzanne West of Seattle, whose husband Scott is coordinating Cove Guardians in Japan, said Izumi may receive increasesd attention from the Japanese media. Some people will be surprised at her opposition to the hunt. By now, most Japanese are fairly used to seeing Western visitors speaking in opposition to the events in Taiji, said Suzanne, who coordinates efforts in the U.S.

“A big thing is making them aware that the world is watching,” Suzanne said. “We got a lot of footage last year of them actually killing the dolphins.”

Now, the hunters are conducting the slaughter behind tarps, she noted, “but we can still count the actual bodies going in with none coming out.”

Izumi will return to Bainbridge Island on Thursday, March 1. Two days later, she will participate in a gathering of Sea Shepherd supporters at Casa Rojas Mexican restaurant, 403 Madison Ave., on Bainbridge Island. The event is free, with donations going to Sea Shepherd. For reservations, e-mail Seattle Sea Shepherd.

Izumi’s arrival in Japan coincides with the release from jail of Cove Guardian Erwin Vermeulen of the Netherlands, who was arrested in December during a pushing incident while trying to photograph dolphins in the cove.

A judge ruled that Vermeulen should pay a fine of 1,000 euros ($1,315 U.S.), but he cannot leave Japan pending an appeal by the prosecutor. Officials with Sea Shepherd say they may file formal proceedings to protest the two-month detention for a minor crime. See Expatica News.

Update, Feb. 18: After I posted this blog entry, I received an e-mail from Sea Shepherd’s media department that provides additional details and clarifies the Expatica report. See News Release (PDF 24 kb)

"The Cove," Taiji, Japan / Sea Shepherd photo

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That was essence of a ruling handed down yesterday by U.S. District Judge Jeffrey Miller. The case was brought in the name of five captive orcas by a group that includes People for the Ethical Treatment of Animals.

I had not planned to write about this case, because the outcome seemed rather obvious. But I must take note of how seriously Miller handled this constitutional claim. In a seven-page ruling, he reviewed the history of the 13th Amendment, which outlawed slavery, and found that it applies only to humans. The following is the conclusion of the decision, the full text of which can be downloaded by clicking here:

“Even though Plaintiffs lack standing to bring a Thirteenth Amendment claim, that is not to say that animals have no legal rights; as there are many state and federal statutes affording redress to Plaintiffs, including, in some instances, criminal statutes that ‘punish those who violate statutory duties that protect animals.’ … While the goal of Next Friends in seeking to protect the welfare of orcas is laudable, the Thirteenth Amendment affords no relief to Plaintiffs.”

SeaWorld, which holds the five orcas, issued a statement noting that the judge took little time to issue his ruling, which “provides reassurance of the sanctity of the 13th Amendment and the absurdity of PETA’s baseless lawsuit,” according to the statement quoted by Huffington Post reporter Joanna Zelman.

A statement issued today by PETA shows no disappointment in the outcome of the case:

“There is no question that SeaWorld enslaves animals, even though the judge in this case didn’t see the 13th Amendment as the remedy to that. Women, children, and racial and ethnic minorities were once denied fundamental constitutional rights that are now self-evident, and that day will certainly come for the orcas and all the other animals enslaved for human amusement.

“This historic first case for the orcas’ right to be free under the 13th Amendment is one more step toward the inevitable day when all animals will be free from enslavement for human entertainment. Judge Miller’s opinion does not change the fact that the orcas who once lived naturally, wild and free, are today kept as slaves by SeaWorld. PETA will continue to pursue every available avenue to fight for these animals.”

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Pope Resources lands for sale Click to enlarge

The ecological values of the undeveloped landscape is becoming known among government officials and the public. So far, nobody has jumped in with millions of dollars to buy the land for conservation. But, as the year comes to a close, there are plenty of reasons for optimism among supporters.

When I consider what it will take to make this project happen, I keep thinking of a jigsaw puzzle. I realize the puzzle metaphor is overworked, but let’s stay with it. A good way to begin picture puzzles is by first lining up all the edges and later filling in the middle. To me, that is what is happening with the Kitsap Forest & Bay Project.

First, Forterra — formerly Cascade Land Conservancy — has embraced the project, bringing to the table extensive experience in acquiring lands for conservation purposes. When an option to buy the land from Pope Resources was announced, Forterra president Gene Duvernoy stated, “This is probably the most important project we can accomplish to save Puget Sound.” See Kitsap Sun, Oct. 17.

Another major step came recently when the Puget Sound Partnership released a draft of its Puget Sound Action Agenda. The Action Agenda is designed to recognize the most important preservation and restoration actions that can be taken in the next two years. Although the actions have not yet been lined up in priority, the Kitsap Forest & Bay Project was called out as a high-priority action. Read the story with links in Kitsap Sun, Dec. 21.

Something similar happened in the first Action Agenda in 2008, when the Partnership called for the acquisition and restoration of lands in the Nisqually River delta. The value was so highly considered that some action areas agreed to delay their own projects to move Nisqually to fruition. Perhaps something like that will happen for the North Kitsap lands. Check out the video “The Nisqually Estuary Returns.”

KUOW reporter Ashley Ahearn visited the North Kitsap property and produced a radio piece that outlines the value of the 7,000 acres and discusses the potential acquisition. She did a nice job, as you can see on Earthfix.

Michelle Connor, executive vice president of Forterra, said Ashley’s story will help spread the word about the project throughout the state and beyond.

“This is something that the Kitsap community has known for a long time,” Michelle told me. “Now other people are catching up with us. There is nothing comparable in the Puget Sound region.”

Further bolstering the project is an upcoming study that will examine the ecological values of the 7,000 acres, including nearly two miles of undeveloped shoreline.

A grant of $270,000 will be used to characterize ecosystem values across the landscape and determine which areas are best suited for preservation, forestry and possibly development. A portion of the grant will be used to decide whether revenues can be generated from timber harvest without upsetting the ecological integrity of the region.

The $270,000 study was part of some $6.3 million provided by the EPA’s National Estuary Program for 23 grants earmarked for protecting and restoring Puget Sound watersheds. See Kitsap Sun, Dec. 23.

Acquisition funding for the Kitsap Forest & Bay Project will depend on a variety of public grants and private donations, each with their own requirements. At the same time, the 7,000 acres under discussion contains a variety of small ecosystems that could qualify for one or more restoration and preservation grants.

The 7,000-acre jigsaw puzzle is rather formidable and almost overwhelming, but Michelle Connor is undaunted. Her optimism is infectious. Few people know as much about public conservation grants and philanthropic efforts, and Michelle has an army of people behind her.

The clear strategy moving forward is to assemble this massive puzzle — with all its shapes and colors — one piece at a time.

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