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Environmental reporter Christopher Dunagan discusses the challenges of protecting Puget Sound and all things water-related.
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Taking time to remember Billy Frank Jr.

Tuesday, May 13th, 2014

UPDATE, July 24, 2014
The latest issue of “Northwest Indian Fisheries Commission News” (PDF 1.1 mb) is dedicated to the late Billy Frank, who served as chairman of the commission for nearly 40 years. The issue includes numerous tributes from those who worked with Billy through the years. Print copies are available by emailing Tony Meyer or Emmet O’Connell at NWIFC.

UPDATE, June 11, 2014
Jeromy Sullivan, chairman of the Port Gamble S’Klallam Tribe, wrote a tribute to Billy Frank that is worth reading. Jeromy mentions three admirable attributes of Billy Frank and gives examples of each. They are words to live by.

  • Stand up for what you believe in … even when no one else will.
  • Treat people with respect even if you’re on opposite sides.
  • It’s the big and small things that make your community a better place.

Read Jeromy’s entire column, written for the Port Gamble S’Klallam Newspaper.
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The affection and admiration expressed for Billy Frank Jr. has been somewhat overwhelming in recent days. I thought it would be nice to pull together some of the tributes — including the memorial service — that talk about this man who was an irrepressible voice for salmon recovery, environmental restoration and Native American rights.

Billy, 83, a member of the Nisqually Tribe and chairman of the Northwest Indian Fisheries Commission, died last Monday, May 5, at his home. As I said in Water Ways last Tuesday, I believe Billy will remain an unforgetable force.

An estimated 6,000 people attended his memorial service Sunday at the Squaxin Island Tribe’s Skookum Creek Event Center, located at Little Creek Casino Resort near Shelton.

The service was recorded by Squaxin Streams and posted on the Livestream website, which is the video player on this page.

Billy Frank’s own words, “Nobody can replace my life,” speak of the changes from one generation to the next. Billy knew as well as anyone that we can’t go back, but he asked people to help determine a better environmental future. Secretary of State Legacy Project.

 

 

Tributes, statements, news

William D. Ruckelshaus, former chairman of the Puget Sound Partnership’s Leadership Council, of which Billy was a member. Published in Crosscut, May 8.

Martha Kongsgaard, current chairwoman of the Puget Sound Partnership’s Leadership Council. Published on the partnership’s website, May 6.

Gov. Jay Inslee, statement from the Governor’s Office

President Barack Obama, statement from the White House

U.S. Sen. Patty Murray, VIDEO, speech on Senate floor, May 12.

U.S. Sen. Maria Cantwell, VIDEO, speech on Senate floor, May 12.

U.S. Rep. Derek Kilmer, D-Gig Harbor, VIDEO, speech on House floor, May 9.

Former U.S. Rep. Norm Dicks, D-Bremerton. Statement, Van Ness, Feldman.

Kitsap Sun editorial cartoon by Milt Priggee

Kitsap Sun editorial cartoon by Milt Priggee

John Dodge, reporter for The Olympian. Published in the Olympian, May 8.

E3 Washington, Education, Environment, Economy. Website, May 7.

Indian Country Today Media Network

Leonard Forsman, chairman of the Suquamish Tribal Council, and Jeromy Sullivan, chairman of the Port Gamble S’Klallam Tribal Council, in Kitsap Sun, May 5.


To many, Billy Frank will remain an unforgetable force

Tuesday, May 6th, 2014

To reporters in Western Washington, Billy Frank Jr. was the essential interview when it came to reporting on fish and shellfish issues.

Billy Frank Jr. greets Interior Secretary Sally Jewell 10 days ago in Suquamish. Kitsap Sun photo by Rachel Anne Seymour

Billy Frank Jr. greets Interior Secretary Sally Jewell in Suquamish.
Kitsap Sun photo by Rachel Anne Seymour

Always gracious and enthusiastic, Billy would take my calls at just about any time of day, sometimes between conferences in Washington, D.C. He was willing to talk about anything, from environmental problems to court rulings. You name it.

Usually, he was not the best person to discuss the rigorous details I might need for a story. He left that to others. But one could always count on Billy to passionately expound upon the needs of salmon and how a particular policy or legal agreement would further the cause.

At 83 years old, Billy had watched the rapid rise of modern development and the sad decline of salmon populations throughout Puget Sound. He was at the center of the battle to restore tribal treaty rights and claim a place at the table where decisions are made regarding natural resource policies.

It didn’t matter to Billy if you were a concerned citizen, a U.S. senator or the president himself. He would greet people with a hug and thank them for their efforts. During his off-the-cuff speeches, he would urge everyone to keep working together, no matter what conflicts needed to be overcome.

Billy, chairman of the Northwest Indian Fisheries Commission, was in Kitsap County — Suquamish to be specific — 10 days ago to meet with Interior Secretary Sally Jewell. Kitsap Sun reporter Rachel Seymour heard him address the issue of salmon hatcheries. See Kitsap Sun, April 24 (subscription).

“Our hatcheries are under attack,” he said, saying that Puget Sound had become “poison” to the salmon. “The hatcheries are there because the habitats are gone. Big business says it costs too much to have clean water.”

That was classic Billy Frank, shooting straight into the heart of the matter.

I knew Billy on a professional level, but he had this rare trait for making everyone feel like a friend. Of all the stories I wrote, Billy was particularly pleased that I kept following the culvert lawsuit years after it seemed forgotten by most people — even the judge. In that case, the court ruled that Washington state has a duty under the treaties to fix highway culverts that impede the passage of salmon.

Billy appeared comfortable in most settings. He would plead and demand, calling on people to do the right thing, his speech peppered with occasional profanity. He was easily excited at reports of progress, but always disappointed at the extremely slow pace of ecosystem recovery.

His vision was to restore salmon populations to some semblance of their glory when people could still make a living from the bounty of nature. Without thinking, I always believed that Billy would be around to see his vision fulfilled, no matter how long it took.

Martha Kongsgaard, chairwoman of the Puget Sound Leadership Council, recalled hearing Billy speak last Thursday at the Salish Sea tribal dinner.

“Billy assured us that he would be here for at least another decade — he had so much work to do,” Martha wrote in a thoughtful tribute to Billy. “He mentioned that his father lived to be 104 and his mother 96 and that he hoped to split the difference. He was on fire, naming names, calling us all to the cause, to come together. He was as powerful as any in the room had ever heard him.”

As was his habit, Billy got up Monday and got dressed after his shower. He sat down on his bed and didn’t get back up. His son Willie found him a short time later.

It will be up to others to continue the fight to protect and restore salmon to Puget Sound. We can be sure that there will never be another Billy Frank. But those who knew him or heard him speak can still be empowered by the indomitable passion that made him such an unforgettable force.

Read Martha Kongsgaard’s full tribute to Billy Frank.

Kitsap Sun/Associated Press story, “Tribal rights pioneer Billy Frank Jr. dies,” includes statements from Leonard Forsman, chairman of the Suquamish Tribe, and Jeromy Sullivan, chairman of the Port Gamble S’Klallam Tribe.


Tidal power supply coming to Puget Sound

Friday, March 21st, 2014

A multi-million-dollar tidal energy project in Admiralty Inlet, north of the Kitsap Peninsula, has been approved by the Federal Energy Regulatory Commission.

Tidal turbines for Admiralty Inlet are to be provided by OpenHydro. Graphic courtesy of OpenHydro

Tidal turbines for Admiralty Inlet are to be provided by OpenHydro.
Graphic courtesy of OpenHydro

The Snohomish County Public Utility District, which was granted a license for the double-tidal-turbine pilot project, says it will be the first “grid-connected array of large-scale tidal energy turbines in the world.” The twin turbines are designed to produce 600 kilowatts of electricity, enough to power several hundred homes.

“Anyone who has spent time on the waters of Puget Sound understands the power inherent in the tides,” PUD General Manager Steve Klein said in a news release. “In granting this license, the FERC acknowledges the vigilant efforts of the PUD and its partners to test the viability of a new reliable source of clean energy while at the same time ensuring the protection of the environment and existing uses.”

The federal commission acknowledged concerns for fish and wildlife brought forth by area tribes, whale-watch operators and environmental groups. But the pilot project has precautionary measures built in, according to the commission’s order (PDF 503 kb) issued yesterday:

“For these new technologies, where the environmental effects are not well understood, the risks of adverse environmental impacts can be minimized through monitoring and safeguard plans that ensure the protection of the public and the environment.

“The goal of the pilot project approach is to allow developers to test new hydrokinetic technologies, determine appropriate sites for these technologies, and study a technology’s environmental and other effects without compromising the commission’s oversight of a project or limiting agency and stakeholder input…

“A pilot project should be: (1) small; (2) short term; (3) located in non-sensitive areas based on the commission’s review of the record; (4) removable and able to be shut down on short notice; (5) removed, with the site restored, before the end of the license term (unless a new license is granted); and (6) initiated by a draft application in a form sufficient to support environmental analysis.”

Among tribes that fish in the area, the Suquamish Tribe raised concerns about the likelihood of underwater turbines violating tribal treaty rights to fish. The turbines have the potential for killing or injuring fish, according to the tribes, and they could become a point of entanglement for fishing nets and anchor lines.

Tidal turbine location in Admiralty Inlet

Tidal turbine location in Admiralty Inlet

“Though we respect the tribes’ perspective and concerns, we disagree that licensing this project will adversely affect their treaty rights,” the commission stated in its order. The license contains no restrictions on fishing, and it requires measures to protect the fish.

Suquamish Tribal Chairman Leonard Forsman said tribal officials have not had time to review the license conditions in detail but will do so over the coming days. He said he would consult with legal and technical advisers before laying out possible actions for consideration by the tribal council.

Michael Harris, executive director of the Pacific Whale Watch Association and a board member for Orca Conservancy, said he was disappointed that more people have not recognized the problems that can be created by these turbines — especially in Admiralty Inlet, a primary route for killer whales and many other species.

The turbines will create unusually loud and potentially painful underwater noise, Harris said. This installation is being developed at a time when researchers are coming to understand that noise can disrupt the behavior of killer whales and other marine mammals.

The turbines themselves have open blades that can injure any curious animal getting too close, he noted. And if the turbines become a serious threat, someone must swim down and mechanically stop the blades from turning, something that could take four days.

“I’m not against green energy,” Harris said when I talked to him this morning. “But let’s not put blinders on. I would like to see these turbines located in another spot. Why not Deception Pass?”

Harris said it is critical for people to pay close attention to the pilot project if it goes forward. Everyone should be prepared to stop the experiment if it proves costly to sea life.

The order by the Federal Energy Regulatory Commission maintains that conditions of approval will protect killer whales and other marine mammals:

“The Near Turbine Monitoring and Mitigation Plan requires detection of fish and should provide observation of nearby killer whales. Those observations combined with the hydrophone monitoring required under the Marine Mammal Protection and Mitigation Plan will allow detection and observation of killer whales if they come near the turbines.

“The adaptive management provisions of the Marine Mammal Protection and Mitigation Plan will also allow adjustments to project operation if potential harm to killer whales is detected or, in the very unlikely event, a whale is injured….

“This license also contains noise-related requirements that will ensure the project does not have detrimental effects on killer whale behavior. The Acoustic Monitoring and Mitigation Plan of this license requires that if the sound level from turbine operation exceeds 120 dB at a distance greater than 750 meters from the turbine … the licensee shall engage the turbine brake until modifications to turbine operations or configuration can be made to reduce the sound level.”

According to several Internet sources, 120 dB is what someone might hear standing near a chainsaw or jack hammer. That level is considered close to the human threshold for pain.

In the Admiralty Inlet area, at least 13 local species are listed as threatened or endangered under the Endangered Species Act.

  • One plant: golden paintbrush, threatened
  • One bird: marbled murrelet, threatened
  • Two marine mammals: Southern Resident killer whales, endangered, and North Pacific humpback whale, endangered
  • Nine fish: Puget Sound Chinook salmon, threatened; Hood Canal summer chum, threatened; Puget Sound steelhead, threatened; bull trout, threatened; green sturgeon, threatened; bocaccio rockfish, endangered; canary rockfish, threatened; yelloweye rockfish, threatened; and Pacific eulachon, threatened.

U.S. Fish and Wildlife Service and National Marine Fisheries Service have concluded that none of the species would be in jeopardy of extinction because of the pilot project.

Experts have concluded that marine mammals, including killer whales, could be subjected to Level B harassment (behavioral shifts) as a result of noise from the turbines. That would be in violation of the Marine Mammal Protection Act without incidental take authorization. That means the Snohomish PUD must undergo consultations with the National Marine Fisheries Service and possibly change its plans before moving forward.

The PUD chose Admiralty Inlet for its swift currents, easy access and rocky seabed with little sediment or vegetation. A cable-control building for connecting to the power grid will be located on Whidbey Island near Fort Casey State Park. The turbines will be located in about 150 feet of water about a half-mile from shore.

The turbines are manufactured by OpenHydro of Dublin, Ireland. Each turbine measures about 18 feet in diameter, with a 414-ton total weight.

According to the PUD, these turbines have been used in ecologically sensitive areas in other parts of the world. One location is Scotland’s Orkney Islands, which features a diverse and productive ecosystem that is home to numerous species of fish, dolphins, seals, porpoises, whales and migrating turtles.

The pilot project has been supported with about $13 million in grants from the U.S. Department of Energy and Bonneville Power Administration along with federal appropriations.

Partners in various aspects of the project include the University of Washington, Pacific Northwest National Laboratory, Sound & Sea Technology and the National Renewable Energy Laboratory.


Larry Rutter’s legacy connected to salmon recovery

Thursday, February 27th, 2014

I was saddened to hear of the death of Larry Rutter, senior policy assistant in the Sustainable Fisheries Division at the National Marine Fisheries Service and a U.S. commissioner on the Pacific Salmon Commission.

Larry Rutter

Larry Rutter

Larry, 61, was one of the folks who taught me the basics of salmon management more than 20 years ago. He kept me informed through some difficult negotiations over salmon harvest allocations between the U.S. and Canadian governments.

Technically, he was very sharp. Personally, he was patient and kind.

I am pleased that Long Live the Kings has created a Larry Rutter Legacy Fund to carry out his wish for remembrances connected to the Salish Sea Marine Survival Project, an effort he helped coordinate across the border between LLTK and the Pacific Salmon Foundation in Canada.

“It was due in no small part to Larry’s influence that LLTK and PSF were awarded a $5-million grant from the Pacific Salmon Commission’s Southern Fund Committee in 2013 for the Salish Sea Marine Survival Project,” said LLTK Executive Director Jacques White in a statement. “Without his vision and dedication, we simply would not be where we are today.”

To donate to the Larry Rutter Legacy Fund, scroll to the bottom of the Long Live the Kings page on the topic.

Larry was a graduate of South Kitsap High School and the University of Washington. He worked for the Point No Point Treaty Council and Northwest Indian Fisheries Commission before taking the job with NMFS (NOAA Fisheries). His obituary in The Olympian says Larry died last Thursday of pancreatic cancer.

To read about the Salish Sea Marine Survival Project, go to Long Live the Kings or check out a story I wrote for the Kitsap Sun (subscription) last August followed by a blog entry, Watching Our Water Ways.


Geoduck market expands to Chinese neighbors

Sunday, February 9th, 2014

The market for geoducks harvested in Washington state has shifted from China to other Asian countries, primarily Hong Kong and Vietnam, according to certificates issued by the Washington State Department of Health.

Kitsap Sun photo

Kitsap Sun photo

We learned a week ago that the Chinese ban on imports from the U.S. West Coast will continue until Chinese health authorities better understand the U.S. system of protecting public health. See Water Ways, Feb. 4, with links to other sources of information.

The ban caused exporters to find new markets. I reported these numbers in a story published in yesterday’s Kitsap Sun (subscription):

“Health certificates issued by the Washington State Department of Health totaled 757 in January — more than double the 373 certificates issued in January 2013, when shipments were still going into China. These certificates are required to identify the shellfish-growing area and ensure that a given shipment of seafood is safe to eat.

“Of the 757 certificates issued in January, 409 designated shipments into Hong Kong, while 243 designated shipments into Vietnam. Other shipments were to Malaysia, 38; Thailand, 24; Indonesia, 8; and a number of countries with smaller shipments. Because shipments were closed off to China in January, no certificates were issued for that country.”

Wild geoduck harvesting is a multi-million industry, bringing significant revenues to businesses, tribes and state government.

Yesterday’s story, which was picked up by the Associated Press, describes how state and tribal geoduck divers appear to be on track to take their allocations of deep-water geoducks.

How many of these giant clams are getting into China illicitly and by what routes has been hard to track down. I have collected many rumors and comments on background, but I’ve been unable to verify the most provocative stories.

A new harvest year begins in April with new allocations of geoducks for the state and tribes. Meanwhile, the Department of Natural Resources has scheduled a bid opening for state geoduck tracts later this month.

It will be interesting to see how the Chinese ban on imports from the U.S. West Coast affects the price of geoducks over the coming year. So far, after a short closure when the ban was imposed, prices for wild geoducks have been holding fairly stable, according to officials involved in the market.


China maintains ban on shellfish imports

Tuesday, February 4th, 2014

Business and government officials involved in the lucrative geoduck export market got some bad news on Friday, when federal authorities released a letter they had received from the Chinese government.

Kitsap Sun photo

Kitsap Sun photo

The letter raises many questions — at least from a Chinese perspective — about how the U.S. regulatory system protects public health. The message from Chinese health authorities dashes the hopes of industry officials for a quick lifting of the Chinese ban on shellfish imports from the U.S. West Coast.

I wrote about this issue for Saturday’s Kitsap Sun (subscription). My story was picked up by the Associated Press and distributed widely. (If you don’t subscribe to the Sun, see The Columbian, Vancouver, for the AP version.)

Washington state has a proud reputation for protecting public health when it comes to shellfish, and the letter from China does little to dispel suspicions among those who think that China may have ulterior motives. After all, Chinese authorities have done nothing to limit the geographic scope of the import ban or even limit the ban to geoducks only.

A statement (PDF 114 kb) from the National Oceanic and Atmospheric Administration concludes that the letter contains about 20 separate requests for information about testing and safety.

You may wish to read the the letter from China’s General Administration of Quality Supervision, Inspection and Quarantine (PDF 150 kb). As translated, the letter includes this statement:

“We don’t not have a full understanding of the US regulatory system including the definition of sea region and management, the official monitoring on PSP and heavy metals and the responsibility among the relevant government agencies, and we have not conducted an on-site evaluation neither.”

The letter says the suspension of imports may be reduced to a specific area after certain questions are answered. It calls on the U.S. to develop an action plan for evaluation and outlines a review process, including a visit by an “expert team” from China to evaluate the geoduck inspection programs.

Officials at all levels in the U.S. say they are evaluating the questions posed in the letter and preparing a coordinated response.

Previous entries in Water Ways:

Jan. 9, 2014: Geoducks test OK, but what’s behind Chinese ban?

Dec. 24, 2013: Health officials to quickly test geoducks for arsenic


New video describes quest to restore Skokomish

Wednesday, January 29th, 2014

In an impressive new video, members of the Skokomish Watershed Action Team tell the story of the Skokomish River, its history and its people, and the ongoing effort to restore the watershed to a more natural condition.

The video describes restoration projects — from the estuary, where tide channels were reformed, to the Olympic Mountains, where old logging roads were decommissioned to reduce sediment loading that clogs the river channel.

“I thought it was really well done,” SWAT Chairman Mike Anderson told me. “Some people have remarked about how well edited it is in terms of having different voices come together to tell the story in a single story line.”

The 14-minute video was produced with a $20,000 grant from the Laird Norton Family Foundation, which helped get the SWAT off the ground a decade ago, when a facilitator was hired to pull the group together.

The foundation’s Watershed Stewardship Program invests in community-based restoration, said Katie Briggs, the foundation’s managing director. In addition to the Hood Canal region, the foundation is supporting projects in the Upper Deschutes and Rogue rivers in Oregon.

As Katie explained in an email:

“LNFF has been interested in the collaborative work in the Skokomish for a number of years, and we have been consistently impressed with the way an admittedly strange group of bedfellows has pulled together, set priorities, and moved a restoration agenda forward in the watershed.

“We think their story is compelling, and by being able to share that story in a concise, visual way, they could not only attract more attention to the work they are doing in the Skokomish, but also potentially influence and share with other communities grappling with similar kinds of challenges.

“By helping SWAT tell their story, we’ve also gained a tool through which we are better able to share what it is we care about with the larger Laird Norton family and others interested in the foundation’s approach to watershed stewardship.”

The video project was overseen by Tiffany Royal of the Northwest Indian Fisheries Commission and a subcommittee of SWAT members. North 40 Productions was chosen to pull together the story, shoot new video and compile historical footage.

“It captures a lot of the collaboration and restoration,” Anderson said, “but it doesn’t cover everything. It leaves out most of the General Investigation and the Cushman settlement.”

The General Investigation is how the Army Corps of Engineers refers to the studies I wrote about Sunday in the Kitsap Sun (subscription) and in Water Ways. The Cushman settlement involves an environmental mitigation project on the North Fork of the Skokomish funded by the city of Tacoma and related to relicensing of the Cushman Dam power project.

Alex Gouley of the Skokomish Tribe said he hopes that the video will help tell the story of the Skokomish watershed, as with other tribal efforts such as watershed tours, educational workshops and classroom field trips.

Alex said he and other tribal members appreciate all the work done by each member of the SWAT, from Forest Service employees to the county commissioners, from Green Diamond Resource Company (formerly Simpson Timber) to small property owners in the valley.

“By coming together, everyone is able to make more informed decisions about the projects they are working on,” he said.


Corps completes draft plan for Skokomish River

Sunday, January 26th, 2014

UPDATE, Jan. 27
The Army Corps of Engineers published a news release today about tentatively selected plan. It lists the total cost of the projects at $41 million. This information was not available when I wrote my story for Sunday’s Kitsap Sun.
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Residents in and around the Skokomish Valley have demonstrated incredible patience, along with some frustration, while waiting for the Army Corps of Engineers to develop a plan to restore the Skokomish River.

Map courtesy of Skokomish Watershed Action Team

Map courtesy of Skokomish Watershed Action Team

I was pleased to announce in today’s Kitsap Sun (subscription) that top officials in the corps have now approved a “tentatively selected plan.” This plan will now undergo extensive review inside and outside the agency. Two public meetings are being planned, although they have not yet been announced.

I’ve been following the development of this plan for many years, actually long before I wrote a four-part series in 2009 about the past and future of the Skokomish River. See “Taming the Skokomish,” Kitsap Sun.

As Rich Geiger of Mason Conservation District told me last week:

“We are very glad to be at this point, because we are talking about a physical project moving forward and not just more planning. We asked the Corps to produce a single integrated restoration plan, and they did.”

Rich did not slam the Army Corps of Engineers for taking so long. He and I did not discuss — as we have in the past — how restoration of the Skokomish River plays an important part in the restoration of Hood Canal as a whole.

But we did talk about dredging, which many area residents believe is the only answer to cleaning the river channel, clogged by sediment and flooded more frequently than any river in the state. The corps has determined that dredging is too expensive for the benefit provided and would require ongoing maintenance. I look forward to reading the analysis by the corps and hearing the discussions that follow. I’m sure there is plenty to be said.

Before the agency releases the tentative plan, a final check must be made by corps officials to ensure completeness of the documents, which will include a feasibility report and an environmental impact statement, according to project manager Mamie Brouwer.

The plan includes these specific projects:

  • Car-body levee removal: Years ago, junk cars were used to construct a levee where the North Fork of the Skokomish flows into the main river. Although the course of the North Fork has changed, the old levee continues to impair salmon migration through the area, Brouwer said. This project would remove the levee and restore the natural flows at the confluence.
  • Side channel reconnection: Restoring a parallel channel alongside the Skokomish would give fish a place to go during high flows and flooding. In recent years, migrating salmon have been washed out of the river and into fields and ditches, where they struggle to survive. A side channel, about 4 miles upstream from where the Skokomish flows into Hood Canal, could provide refuge from the raging river.
  • Nine mile setback levee: A new levee is being proposed nine miles upstream to allow an existing levee to be breached, increasing the flood plain in that area. The new levee would be several hundred feet back from the old one and would allow for new pools and vegetation along the river.
  • Grange levee: Like the nine-mile setback levee, a new levee would be built about 8 miles upstream near the Skokomish Valley Grange Hall. The levee could be set back about 1,000 feet from the river, greatly expanding the flood plain in that area.
  • Large woody debris: Creating log jams in the river would increase the complexity of the channel, adding meanders, gravel bars and pools. Such structure is considered important for the survival of juvenile salmon. Several dozen log jams are proposed in the initial plan, but that could change in the final design.
  • Hunter Creek: Continual springs maintain summer flows in Hunter Creek, a tributary of the Skokomish considered excellent fish habitat. But with few side channels or complexity, the stream has limited spawning habitat and fish can be washed away during high flows. The project would alter the channel for better function.
  • Weaver Creek: Similar to Hunter Creek, Weaver Creek has great potential for increased spawning and rearing habitat along with refuge from high flows. The project would alter the channel to improve natural functions.
In 2009, members of the Skokomish Watershed Action Team observed how high flows in the Skokomish River had washed away vegetation and left huge deposits of gravel.

In 2009, members of the Skokomish Watershed Action Team observed how high flows in the Skokomish River had washed away vegetation and left huge deposits of gravel.
Kitsap Sun file photo


Chinese geoduck ban creates industry turmoil

Tuesday, December 17th, 2013

It was shocking to hear that China had banned imports of clams and oysters from most of the U.S. West Coast, This announcement came after Chinese health inspectors reported high levels of paralytic shellfish poison and arsenic in two shipments of geoducks coming into that country. (KUOW had the initial report.)

Photo: Washington Sea Grant

Photo: Washington Sea Grant

It turns out that one shipment of geoducks came from Poverty Bay near Federal Way in Puget Sound, and the other one came from Ketchikan, Alaska.

Washington state government as well as the state’s extensive shellfish industry pride themselves on a monitoring program designed to ensure that PSP levels for harvested geoducks remain well within safe limits. I frequently report PSP (“red tide”) closures when they occur on recreational beaches — and commercial shellfish are checked even more frequently.

The monitoring program for Washington state shellfish is recognized worldwide for its ability to keep unsafe shellfish off the market.

The initial memo (PDF 33 KB) from the Chinese government said inspectors had found levels of PSP at 30.2 mouse units per gram. Mouse units? I had never heard of such a measurement, although I know that live mice are often used in the monitoring tests. I learned that “mouse units” was an older standard of measurement, replaced by micrograms of toxin per 100 grams of shellfish tissue.

The use of mouse units was the first issue that threw everybody off. I received an explanation from Jerry Borchert of the state’s Office of Shellfish and Water Protection, and I offered this explanation in a story I wrote for today’s Kitsap Sun (subscription):

“The Dec. 3 letter imposing the shellfish embargo stated that paralytic shellfish poison was found in concentrations of 30.2 mouse-units per gram. Mouse-units are an older standard, based on the amount of poison it takes to kill a mouse. The more common measurement today is micrograms of toxin per 100 kilograms of shellfish tissue, Borchert said.

“‘We need to know what conversion factors they used,’ he said. ‘Based on the best information we have, which is sketchy, the levels were between 600 and 1,500 micrograms per 100 grams.’

“In contrast, reports on geoducks from the Poverty Bay tract were no greater than 62 micrograms between Sept. 26 and Oct. 24, according to a health investigation completed Friday. The most likely harvest date was found to be Oct. 5.

“Authorities will close an area when the toxin level reaches 80. In fact, the high toxin levels suggested by the Chinese memo might not have been reached in geoducks found anywhere in Puget Sound this year, Borchert said.”

You can read the report, “Investigation and Results Related to the Geoduck Shipment Linked to the Shellfish Import Ban Imposed by China” (PDF 209 KB).

Confusion over the toxin levels found by the Chinese inspectors has created a great deal of anxiety throughout state government and the shellfish industry in Washington state. Nobody wants to say that the Chinese made a mistake, especially when the only data available is a terse finding in a memo (PDF 33 KB) transmitted to U.S. authorities. In fact, everyone I have talked to has been careful not to say anything negative at all until the facts are all in.

The chance that the shellfish exported to China exceeded the international standard of 80 micrograms per 100 grams seems possible, given that samples sent to state officials reached 62. That could invoke a response, even though the action level of 80 is considered within a significant margin of safety. But if the Chinese inspectors are reporting toxin levels higher than 600, that raises other issues.

What about poaching? I think it would be hard to rule out the possibility that somebody illegally sold geoducks from another area where PSP levels were higher and said they were from Poverty Bay. Whether that could happen depends, at least in part, on how well officials are able to track the geoducks through the market.

John Weymer of the Puyallup Tribe told me that officials were able to track the geoducks in question back to a specific boat working in Poverty Bay. Since it was a harvest by the Puyallup Tribe, tribal inspectors were on hand to make sure that the harvested geoducks were accounted for until sold to an independent buyer, he said. There is no doubt, he added, that the geoducks sold from the bay in October met health standards.

Although numerous areas of Puget Sound showed toxin levels above 80 micrograms in some types of shellfish, I’m told that the number of areas that reached 600 to 1,500 in geoducks were rare, if that happened at all. Such a finding would create more doubt about the accuracy of the Chinese testing.

One of the things I wondered about was whether the Chinese could be acting in retaliation for ongoing U.S. actions regarding the safety of foods imported from China. Bans on Chinese chicken were imposed and then lifted, amid Chinese complaints to the World Trade Organization. Questions of food safety have become entangled in issues of fair trade between the two countries.

I’ve raised this question of a trade battle with several people. Most tell me that if this were a trade issue, the Chinese would have used the opportunity to make a political statement. Instead, the Chinese memo was limited in scope, although the financial impact to the Washington shellfish industry could be significant.

Some people are quietly speculating that the Chinese have taken this action to manipulate prices. If geoduck harvesting is shut down in Washington state, the price of wild geoducks from the U.S. will drop and markets will improve for Canadian and Mexican geoducks. I’m told that the Chinese can make more money operating in those countries, although I have been unable to verify that so far.


Deadline to fix culverts that block salmon: 17 years

Tuesday, April 2nd, 2013

UPDATE, MAY 29, 2013
State officials have decided to appeal the Martinez decision, according to a statement from Attorney General Bob Ferguson’s office. (See Associated Press story.)

“The state remains committed to doing more to address fish passage barriers and will continue to do so as resources permit,” Ferguson said in the statement. “The implications of the case, however, stretch beyond culverts. Issues of this magnitude deserve full and thoughtful appellate review.”
—–

The long-, long-, long-awaited court ruling in the so-called culvert case has finally been issued. The bottom line is that the Washington Department of Transportation has been given 17 years to upgrade all state culverts to accepted standards to allow fish passage.

That’s basically what 21 Western Washington tribes asked for when they proposed a court order three years ago. Actually, the tribes asked for 20 years, but Judge Ricardo Martinez subtracted the three years that they waited for a final decision in the case, first filed in 2001. See my latest story in Saturday’s Kitsap Sun, or review the history in an article published in January.

How much effect this case will have on the state budget is hard to say. The state will likely appeal, because there’s so much at stake — including the tribes’ authority to affect how the state spends its money. As I see it, under Martinez’ ruling, treaty obligations are not much different than the constitutional obligations the state has to provide “basic education.” And we all have seen how the governor and Legislature are looking under rocks to find money for that purpose.

One estimate of the cost of fixing all the culverts is $1.9 billion, but that’s assuming the state has a complete inventory. It could be more. Martinez wants to see a complete inventory within six months. People concerned about salmon will probably make sure their least-favorite state culverts are on the list.

The latest “Fish Passage Barrier Inventory” (PDF 5 mb), completed last July, identifies about 1,500 culverts that block significant upstream habitat. That inventory and other information can be found on WDOT’s website “Fish Passage.”

If you’d like to read Martinez’ ruling — which includes information on the treaties, salmon habitat needs and culvert history — download the decision (PDF 111 kb) here and the injunction (PDF 45 kb) here.

Through all these years, WDOT has not been ignoring the problem. As I have reported, the state has been upgrading culverts while doing major road repairs and also increasing the budget for stand-alone culvert replacement.

But at the current pace, it could take between 50 and 75 years to get all the work done, maybe more. These are just guesses provided to me, based on the average cost of repairs, but every culvert is different.

Near the upper end of the scale, replacement of a culvert that carries Chico Creek under Highway 3 is estimated to cost between $20 million and $30 million alone. The project will require several bridges for the four-lane freeway north of Bremerton plus on- and off- ramps in that location.

State officials are very aware of this Chico Creek culvert, which lies at the mouth of what has been called the Kitsap Peninsula’s most productive salmon stream. Salmon are getting through the culvert, but it’s a struggle. The culvert is considered a high priority by all, but replacement will probably take a special appropriation from Congress or the Legislature, or both.

As I watch our state highways deteriorate, I keep thinking back to the 1960s and early ‘70s when Washington had some of the best roads in the country. It was a pleasure to drive back then, if my memory isn’t faulty. Although money is needed to repair roads today, I think a good argument can be made that salmon were here first and should have been considered when the roads were built. Failing that, many people consider it essential to make things right now.

I should point out that the ruling does not immediately affect county roads or other projects that block the passage of salmon or affect salmon habitat. However, for better or worse, the legal principles established by the 1974 Boldt decision and reinforced by this culvert case could open the door to other types of court-ordered repairs to salmon habitat.


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"In the end, we will conserve only what we love, we will love only what we understand, and we will understand only what we are taught."Baba Dioum, Senegalese conservationist

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