Category Archives: Fishing interests

Ballast water bill could allow invasive species to enter Puget Sound

Invasive species from San Francisco Bay — known as the most infested waterway in the country — would have an open door for entry into Puget Sound under a bill moving through Congress.

Vessel Incidental Discharge Act invasive species
Ballast discharge from a ship
Photo: Coast Guard

You may have heard this line before. I posted the same warning last summer, when the Vessel Incidental Discharge Act, or VIDA, was attached to the “must-pass” National Defense Authorization Act. (Water Ways, July 16). Opponents fought back and were able to strip VIDA from the bill before final passage.

Now, with Republicans in control of both houses of Congress and an anti-regulatory atmosphere in place, the bill’s passage seems more likely this time — to the detriment of Puget Sound, the Great Lakes and other waterways.

If VIDA passes, ships coming up the coast from California will be able to take on infested ballast water in San Francisco Bay and discharge it without treatment into Puget Sound. Invasive species that hitched a ride in the ballast water would have a chance to populate Puget Sound.

A similar scenario could play out in the Great Lakes, where lack of treatment years ago may have resulted in the invasion of zebra and quagga mussels, causing billions of dollars in damages. Check out the opinion column by the Green Bay Press-Gazette Editorial Board.

The legislation also would exempt small commercial vessels and fishing boats from federal discharge rules. That would allow these vessel owners to clean their hulls in open water wherever they want — even if the hulls were covered with invasive species, said Allen Pleus, who heads Washington state’s Aquatic Invasive Species Program.

VIDA opponents — including the governors of nine coastal and Great Lakes states — are trying to attach amendments to the bill to shore up protections for their states’ waters, Allen told me. But representatives of the shipping industry, who have been pushing hard to get the bill passed, appear to be in no mood for compromise.

The legislation, S. 168, was passed out of the Senate Committee on Commerce, Science and Transportation without amendment two weeks ago. Washington Sen. Maria Cantwell, a member of the committee, was unable to stop it.

“Puget Sound restoration is a priority for me, and that’s why I voted ‘no’ on the Vessel Incidental Discharge Act in the Commerce Committee,” she said in a short email. “Strong protections to prevent pollution and halt the introduction of invasive species are two key priorities needed to keep Puget Sound healthy and productive. I will continue to work to protect clean water, healthy ecosystems and support our sustainable fishing and maritime economy.”

For years, the shipping industry has been frustrated by a multi-level regulatory system in which they must comply with “clean water” rules coming at them from the U.S. Coast Guard, the U.S. Environmental Protection Agency and any number of states that have developed their own regulations. Who can blame the industry for being frustrated? Industry officials would like one national standard to follow.

In the furor over regulations, however, many people have forgotten that state and EPA rules were imposed only after the Coast Guard failed to protect the environment. VIDA would address the problem, but not by considering the serious concerns being faced in different parts of the country. The bill would place the Coast Guard in charge of a single national standard, stripping authority from the states and EPA.

While the Coast Guard requires ballast water to be treated or exchanged on ships crossing the ocean from other countries, there is no such requirement for ships moving along the coast if they don’t have treatment systems on board.

Coast Guard officials have many duties when it comes to ensuring the safety of ships, and invasive species are not among their priorities, noted Allen Pleus, whose program resides within the Washington Department of Fish and Wildlife.

Industry officials have told me that state concerns can be addressed by petitioning the Coast Guard for stricter rules in those geographic areas where they are needed. But that could take months or years with no assurance of approval. More importantly, there are no stop-gap measures to prevent ships from dumping infested ballast water into Puget Sound. Everyone knows that once an invasive species gets established, there is no going back.

This is a complicated issue, which I tried to explain step-by-step in last summer’s blog post, as well as in a detailed story I wrote for the Encyclopedia of Puget Sound.

Changes are coming with new ballast-water-treatment systems being certified by the Coast Guard. The new treatment systems are technologically complicated, and trained operators are needed to make sure they kill a fair number of invasive organisms, as designed, Allen said. Without adequate funding, the Coast Guard will be in no position to make sure that invasive species aren’t transported from place to place, he said, adding, “States should be allowed to pick up the slack.”

There is another important difference between Washington state’s approach and that of the Coast Guard. The Coast Guard conducts inspections and checks paperwork only after a vessel has arrived in port. State rules require ship operators to send documentation prior to arrival, allowing time to address potential problems before it is too late.

A letter to U.S. senators (PDF 236 kb) from seven governors, including Washington Gov. Jay Inslee, expresses grave concern about the effects of VIDA on the waters of their states.

“The economic and regulatory issues faced by the shipping industry are of great interest to our states,” the letter says. “However, VIDA does not provide a reasonable balance between the economic benefits of the shipping industry and the significant environmental, economic, and human health costs states face from infested and polluted waters.”

Recent information compiled by VIDA opponents:

Seals and sea lions may be undercutting chinook and orca populations

Seals and sea lions can no longer be ignored in the effort to recover our threatened Puget Sound chinook salmon or our endangered killer whales.

A new study shows that seals and sea lions are eating about 1.4 million pounds of Puget Sound chinook each year — about nine times more than they were eating in 1970, according to the report. Please read the story I wrote for the Encyclopedia of Puget Sound, also published in an abridged version in the Kitsap Sun.

Harbor seals rest on the breakwater at Poulsbo Marina. // Photo: Meegan Reid, Kitsap Sun

Seals and sea lions in Puget Sound get the first chance to catch the chinook as they leave the streams and head out to the ocean. Since they are eaten at a very young age, these small chinook, called “smolts,” never grow into adults; they never become available for killer whales or humans.

Based on rough estimates, as many as one in five of these young fish are getting eaten on their way out of Puget Sound. If they were to survive the seals and sea lions and one factors in the remaining mortality rate, these fish could translate into an average of 162,000 adult chinook each year. That’s twice the number eaten by killer whales and roughly six times as many as caught in Puget Sound by tribal, commercial and recreational fishers combined, according to the study.

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Amusing Monday: New steelhead license plate enhanced by inspiration

plate

Washington Department of Licensing has embraced a stylistic work of art in its new steelhead license plate, which became available for purchase last week.

The new license plate, which focuses on the eye and head of a steelhead trout, is an obvious departure from previous wildlife license plates that feature realistic images of animals. Derek DeYoung, the artist who created the new plate, specializes in what he calls abstract paintings of fish faces and flanks, as well as whole fish. The original steelhead painting is called “Abstract Steelhead — Horizon Eye.”

Derek, based in Livingston, Mont., is a rare combination of expressive artist and skilled angler.

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Death toll for 2016 includes six orcas
from the Salish Sea

UPDATE, Jan. 2
The Center for Whale Research has announced that J-2, known as “Granny,” has apparently died. The oldest orca among the three Southern Resident pods, Granny was one of the first Southern Residents identified when Ken Balcomb began his Orca Survey in 1976. At the time, she was estimated to be at least 45 years old and probably in her 70s, putting her likely age at more than 100. Ken’s tribute to Granny can be read on the Center for Whale Research website. More to come.
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When it comes to the killer whales that frequent Puget Sound, a year can make all the difference in the world. Last year at this time, we were celebrating a remarkable baby boom — eight new orca calves over the previous 12 months. See Water Ways, Dec. 16, 2015.

J-34, named DoubleStuf, with Mount Baker in the background. Photo taken last February before his death this month. Photo: Dave Ellifrit, Center for Whale Research
J-34, named DoubleStuf, swimming last February with Mount Baker in the background. The 18-year-old male died this month.
Photo: Dave Ellifrit, Center for Whale Research

Another new baby was added in January of this year, for a total of nine. But if 2015 was the boom year, then 2016 turned out to be a major bust, with six orca deaths recorded during the calendar year.

The latest death among the Southern Residents was J-34, an 18-year-old male named DoubleStuf. He was found dead floating near Sechelt, B.C., northwest of Vancouver, on Dec. 20. Check out the tribute and wonderful photos on Orca Network’s webpage.

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Congress authorizes five restoration projects throughout Puget Sound

Five major Puget Sound projects have been given the provisional go-ahead by Congress in a massive public works bill signed yesterday by President Obama.

It seems like the needed federal authorization for a $20-million restoration effort in the Skokomish River watershed has been a long time coming. This project follows an extensive, many-years study of the watershed by the Army Corps of Engineers, which winnowed down a long list of possible projects to five. See Water Ways, April 28, 2016, for details.

In contrast, while the Puget Sound Nearshore Ecosystem Restoration Project (PSNRP) also involved an extensive and lengthy study, the final selection and submission to Congress of three nearshore projects came rather quickly. In fact, the Puget Sound package was a last-minute addition to the Water Resources Development Act, thanks to the efforts of U.S. Reps. Rick Larson, D-Lake Stevens, and Derek Kilmer, D-Gig Harbor, along with Sens. Patty Murray and Maria Cantwell.

The three PSNRP projects moving forward are:

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Upgrade to North Pacific fishing fleet benefits Puget Sound economy

A major “modernization” of the North Pacific fishing fleet has begun, bringing new jobs to the Puget Sound region and a potential boost of $1.3 billion in total economic activity over the next 10 years, according to a new study.

Fishermen’s Terminal from the Ballard Bridge, Seattle. Photo: Joe Mabel, Wikimedia Commons
Fishermen’s Terminal from the Ballard Bridge, Seattle. // Photo: Joe Mabel, Wikimedia Commons

If economic and environmental conditions allow, 37 new fishing boats and fish-processing vessels over 58 feet long will be built, bringing new efficiencies to fishing and increased safety to those working in the North Pacific — an area off the Alaskan coast. Most North Pacific vessels over 58 feet are home-ported in Puget Sound.

Ship-building companies in the Puget Sound region are expected to be the primary beneficiaries of this modernization, as half of all the new vessels will come out of Washington state, according to predictions in the report. The study was conducted by the McDowell Group, an Alaska-based consulting company hired by the Port of Seattle and Washington Maritime Federation.

Although many factors are in play, a key impetus for this modernization is the development of catch shares — a type of management system that divides the allowable harvest into individual fishing quotas, or IFCs. This management regime, sometimes called fisheries “rationalization,” avoids the wasteful and sometimes dangerous race once seen among fishing vessels, as each crew tries to catch the most fish within a specified time period or before a total quota is reached.

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What comes next under water-quality standards imposed by the EPA?

The Environmental Protection Agency approved new water-quality standards for Washington state this week, overriding a plan approved by Gov. Jay Inslee and the state Department of Ecology.

It was a rare posture for the EPA. Now the state will be pressured to appeal the EPA standards to federal court. Cities and counties as well as some industrial organizations are clearly unhappy with the EPA’s action, while environmental and tribal representatives got most of what they wanted.

The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.
The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.

The EPA action is especially unusual, given that this state is known for some of the strongest environmental regulations in the country. After much dispute, Ecology finally agreed to much higher fish-consumption rates without increasing the cancer-risk rate, leading to more stringent standards for many of the chemicals. But Ecology had its own ideas for the most troublesome compounds with implications for human health. They include polychlorinated biphenyls (PCBs), arsenic and mercury. For background, see Water Ways, Oct. 18, 2015.

Some news reports I saw this week said EPA’s action will lead to salmon that are safer to eat. But that’s not at all certain, and opponents say it is unlikely that the revised limits on chemical pollution will have any practical effect on compounds that affect human health.

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Death of female orca with young son raises worries about the future

It has been hard to take the news that J-28, a 23-year-old female killer whale named Polaris, is now missing and presumed dead — even though I knew this news has been coming since August. It now appears likely that her 11-month-old son J-54, named Dipper, will not survive either.

On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head.” Polaris has now been confirmed as dead, and her son is probably dead as well, researchers say.
On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head” and related to malnutrition. Her 11-month-old son, shown with her, also was struggling to survive. Polaris has now been confirmed as dead, and researchers say her son is probably dead as well.
Photo: Ken Balcomb, Center for Whale Research

I sadly reported on Polaris’ “super-gaunt” condition in Water Ways (Aug. 24) after talking to Ken Balcomb of the Center for Whale Research. Until recently, various whale-watching folks, including CWR researchers, have reported that Polaris was still alive. She was generally seen moving slowly and in poor shape, but at times she seemed to have more energy, raising hopes that she might recover. But the last sighting of Polaris was Oct. 19 in the Strait of Juan de Fuca.

During a press conference Friday, Ken announced the death of Polaris, as he spoke out to raise awareness about the plight of Puget Sound orcas.

Ken said Dipper’s sister and aunt were attempting to care for the young orphan, but no other lactating females have moved in to provide milk, so he likely will die if he is not already dead.

Ken read a personally penned obituary for Polaris, noting that she was popular with whale watchers, in part because she was easily identified by a nick in her dorsal fin. She acquired the distinctive mark when she was nine years old.

At the press conference, Ken talked about the most concerning problem facing the orcas: a shortage of chinook salmon, their primary prey. The food shortage is exacerbated when the whales burn fats stored in their blubber, causing the release of toxic chemicals from their blubber into their bloodstream. Chemicals can affect the immune and reproductive systems, as well as other hormonal systems.

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Orcas starting to follow chum salmon into Central Puget Sound

Chum salmon are beginning to make their way into Central and South Puget Sound, which means the orcas are likely to follow.

Given this year’s dismal reports of chinook salmon in the San Juan Islands, we can hope that a decent number of chum traveling to streams farther south will keep the killer whales occupied through the fall. But anything can happen.

Data from the Washington Department of Fish and Wildlife
Data from the Washington Department of Fish and Wildlife

On Oct. 2, orcas from J and K pods — two of the three Southern Resident pods — passed through Admiralty Inlet and proceeded to Point No Point in North Kitsap, according to reports from Orca Network. The whales continued south the following day and made it all the way to Vashon Island, according to observers.

On Tuesday of this week, more reports of orcas came in from Saratoga Passage, the waterway between Whidbey and Camano islands. See the video by Alisa Lemire Brooks at the bottom of this page. By yesterday, some members of J pod were reported back of the west side of San Juan Island.

The movement of chum salmon into Central Puget Sound began in earnest this week, as a test fishery off Kingston caught just a few chum last week, jumping to nearly 1,000 this week. Still, the peak of the run is a few weeks away.

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Sea Shepherd regroups, plans new battles with Japanese whalers

An organization called Sea Shepherd Global announced yesterday that it will take up the cause of battling Japanese whaling ships in the Southern Ocean of Antarctica later this year.

The announcement comes just days after court approval of a legal settlement, a deal that will forever block Sea Shepherd Conservation Society from confronting Japanese whalers on the high seas.

Sea Shepherd Global, based in The Netherlands, apparently is out of reach of the U.S. courts, which sanctioned the original Sea Shepherd group for its sometimes violent actions against the whalers. Sea Shepherd Conservation Society, the U.S. group, is led by its founder, Capt. Paul Watson, who had stepped down for a time.

The Ocean Warrior is a new ship added to Sea Shepherd Global's fleet. Photo: Gerard Wagemakers, courtesy of Sea Shepherd Global
The Ocean Warrior is a new ship added to Sea Shepherd Global’s fleet.
Photo: Gerard Wagemakers, courtesy of SSG

Sea Shepherd Global has mobilized its forces for what it calls the “11th direct-action whale defense campaign.” The group has built a new ship it claims can keep up with and surpass the Japanese harpoon ships. Anyone who has watched “Whales Wars,” the reality television series, probably knows that Sea Shepherd’s ships have suffered from a lack of speed and were often left in wake of the whaling vessels.

Sea Shepherd, with its fierce opposition to killing marine mammals, has always claimed to be on the right side of international law when it comes to whaling. Now its members are inspired by a 2014 ruling in the International Court of Justice, which found that whaling — at least as practiced by Japanese whalers — is not a scientific endeavor. The Japanese government has lost its only justification for whaling until it develops new scientific protocols acceptable to the International Whaling Commission. Review a discussion of these issues in Water Ways, March 31, 2014, with an update on Dec. 14, 2015.

Sea Shepherd Global also justifies its plans with a contempt-of-court citation filed by the Australian Federal Court against the Japanese whalers for killing protected whales within the Australia Whale Sanctuary. Japan, however, does not recognize the sanctuary nor the Australian jurisdiction.

“If we cannot stop whaling in an established whale sanctuary, in breach of both Australian Federal and international laws, then what hope do we have for the protection of the world’s oceans?” asked Jeff Hansen, managing director of Sea Shepherd Australia in a news release. “We must make a stand and defend whales with everything we’ve got.”

After the International Court of Justice ruling, the Japanese took a year off from whaling before submitting a new whaling plan, which was questioned by a scientific committee at the International Whaling Commission. Without waiting for approval, the whalers returned to the Southern Ocean last December. A limited Sea Shepherd fleet followed, but the whalers killed 333 minke whales — a quota approved by the Japanese government but nobody else.

Meanwhile, Sea Shepherd Conservation Society (SSCS) has been engaged in a legal battle with the Japanese-sponsored Institute of Cetacean Research in the U.S. courts. Initially, a U.S. district judge dismissed the Japanese claims. On appeal, however, the Ninth Circuit Court of Appeals called Sea Shepherd a “pirate” organization, ordered the group to stay away from the Japanese ships and eventually found Sea Shepherd in contempt of court for a peripheral involvement in the anti-whaling effort. Initial appeals court ruling: Water Ways, Feb. 26, 2013.

SSCS agreed to pay $2.55 million to settle a damage claim from Japan in light of the contempt ruling. The group had been hoping that Japan’s lawsuit in the U.S. courts would open the door for a countersuit, in which the illegality of Japanese whaling would spelled out and confirmed.

All legal claims and counterclaims were dropped in the settlement agreement (PDF 410 kb) between SSCS and the Institute of Cetacean Research. The agreement, approved last week by U.S. District Judge James Robart, says SSCS cannot approach Japanese whaling ships closer than 500 yards. SSCS cannot provide financial support to anyone else who would approach the Japanese ships in an aggressive way, including “any entity that is part of the worldwide ‘Sea Shepherd’ movement and/or uses or has used some version of the ‘Sea Shepherd’ name.”

The agreement mentions a “settlement consideration to be paid to Sea Shepherd Conservation Society,” although the amount has not been disclosed.

The Institute of Cetacean Research immediately issued a news release about the settlement. Paul Watson offered a three-pronged post on his Facebook page. One part was his own message, saying Sea Shepherd would remain opposed to whaling but would comply with the settlement provisions.

Another part was a statement from Capt. Alex Cornelissen, director of Sea Shepherd Global:

“The ruling in the US courts affects ONLY the US entity. All the other Sea Shepherd entities in the Global movement are not bound by the US legal system, the mere assumption that it does clearly demonstrates a lack of understanding of Sea Shepherd Global’s structure. Sea Shepherd Global and all other entities around the world, other than the USA, will continue to oppose the illegal Japanese whaling in the Antarctic.”

The third part was a quote from a BBC story:

“Jeff Hansen, managing director of Sea Shepherd Australia, told the BBC the U.S. ruling would ‘absolutely not’ affect its own operations. He said if the ICC (sic, ICR?) were to pursue Sea Shepherd in Australia ‘they would be entering into a court system they’re in contempt of, and we would welcome that.’”

In its statement yesterday, Sea Shepherd Global said it was disappointed that the international community has not taken more steps to protect whales in the Southern Ocean. Still, Sea Shepherd Global will be there with a new fast ship, the Ocean Warrior, built with the financial support of the Dutch Postcode Lottery, the British People’s Postcode Lottery and the Svenska PostkodLotteriet.

“For the first time, we will have the speed to catch and outrun the Japanese harpoon ships, knowing speed can be the deciding factor when saving the lives of whales in the Southern Ocean,” said Cornelissen.

The Ocean Warrior will undergo final preparations in Australia at the end of the year, about the time that Japanese whaling ships arrive for their anticipated harvest of marine mammals. And so the whale wars will go on but without any involvement from Paul Watson and his U.S. contingent.

By the way, Paul, who had been living in exile in France, has returned to the U.S., according to a news release from Sea Shepherd that recounts Paul’s history of fleeing from prosecutors in Japan and Costa Rica. Paul, 65, and his wife, Yanina Rusinovich, a Russian-born opera singer, are now living in Woodstock, Vermont, and expecting a baby in October.