Category Archives: Land use

Forest battle continues over defining the upper bounds of fish habitat

A long-running battle over how to manage potential fish habitat on commercial forestland could be coming to a head — although it isn’t clear if the solution will satisfy either forestland owners or environmentalists.

Jamie Glasgow of Wild Fish Conservancy (center) leads a crew surveying a stream for the presence of fish in 2014. // Photo: Chris Linder

To be clear, there is not much argument about streamside buffers where salmon, trout and other fish are readily found, thanks to state and federal rules stemming from the landmark Forests and Fish Report. Buffers are designed to save trees that serve the needs of fish — including insects for food, shade for cool water and eventually down trees that form pools for resting as well as hiding places and spawning areas.

Environmentalists contend that it is important to protect unoccupied fish habitat as well as areas occupied by fish at any point in time. If salmon populations are to rebound, salmon fry could need extra space to grow and develop, says Jamie Glasgow, a biologist with Wild Fish Conservancy. That means larger buffers should go where fish habitat can be found.

Of course, timberland owners don’t want to leave large buffers on small stream segments where fish would never go. For them, perhaps hundreds of millions of dollars in commercial timber could be left standing under new rules, depending on how the state’s Forest Practices Board comes down on this issue of fish habitat. The board is scheduled to take up the issue again with some kind of action planned on Aug. 9.

Fish habitat is defined in the Forest and Fish Report as areas of a stream “used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management and includes off-channel habitat.” (The emphasis is mine.)

The Forest and Fish Report was incorporated into state law by the Washington Legislature, and federal agencies adopted those concepts as a statewide “habitat conservation plan” to protect species listed under the Endangered Species Act, including chinook salmon.

One of the big arguments about fish habitat revolves around how to determine just how far upstream fish would likely go and where they would be deterred under various natural conditions they encounter, such as streamflow or natural barriers such as waterfalls.

The Forest and Fish Report anticipated that a map would be developed with all stream segments designated as either fish habitat or not fish habitat. After several years, such a map was developed in 2005, based on the size and steepness of the streams, using the best information available.

It soon became apparent, however, that fish were being found in areas marked as non-habitat on the maps. Other areas designated as habitat were sometimes unable to support fish. Some fish-bearing streams were not even on the maps, and some streams were in the wrong place. I wrote about the efforts by Wild Fish Conservancy to correct some maps three years ago (Kitsap Sun, Sept. 27, 2014). Previous maps had proved to be a problem as well, even before the Forest and Fish Report (Kitsap Sun, May 28, 1996).

The maps are still used as guidance, but buffer determinations must be made for each logging or development project based on actual site conditions. If a stream is 2 feet wide and the steepness is less than a 20 percent — or 16 percent in some areas — it is assumed that fish can get there.

But — and here’s the rub — an allowable fall-back method is to identify the presence of fish, either through snorkel surveys or by “elecrtrofishing,” which involves putting a nonlethal current in the water to stun the fish. Where fish are located, the area is designated as fish habitat, along with waters that extend upstream to a natural “break,” such as a waterfall or a stream confluence that would prevent fish from going any farther.

Much history surrounds this issue, and all sides should be given credit for working through many thorny habitat problems through the years. Nobody wants to go back to a time when the spotted owl was a symbol for conflict about whether forests were mainly for jobs or fish and wildlife.

As for fish habitat, experts have renewed their attempt to come up with reliable and objective methods to identify the break points between habitat (known as “Type F waters,” which stands for fish) and non-habitat (“Type N waters”) without the costs and impacts of surveying every stream for fish.

Environmental groups became impatient with the effort — or lack of effort at times — over the past 12 years — or more if you go back to the Forest and Fish Report. The matter has gone into formal dispute resolution, as provided by the Forest and Fish Law, and it now is up to the Forest Practices Board to provide a resolution.

“For the past 12 years, we have been using the interim water-typing rule that does not protect fish habitat …,” Glasgow said. “The interim rule allows surveyors to go to a stream anytime (during a specified period) and electrofish a stream. If they do not find fish during the one-day survey, they can identify it as Type N.”

The result is that many miles of fish habitat are getting little or no buffer protection, he argues. Where mistakes are made and small buffers or no buffers are allowed, it will take decades before the trees grow back to become good habitat again.

In mediation talks, the various parties — landowners, environmental groups, tribes and governments — have come to consensus on the overall framework to identify break points where the fish habitat ends, but the details are still unresolved.

Karen Terwilliger, senior director of forest and environmental policy for the Washington Forest Protection Association, said it is important to remember that these discussions are not about streams where adult salmon will go to lay their eggs.

“It’s the tail end of where the fish might be,” said Terwilliger, whose organization represents large timberland owners. The areas in dispute are generally small streams mostly occupied today by resident fish, including various species of trout and tiny sculpins.

The break point between fish and non-fish areas should be a location where the last fish is equally likely to stop above and below that point, she said. The scientific standard is that the break point should be accurate 95 percent of the time, as required by adaptive management provisions of the Forest and Fish Law.

“We think fish presence will always be an important part of the system,” she said. “Different streams are different. A ‘one size fits all’ does not make sense.”

Environmental groups prefer to avoid methods that rely upon people finding fish, which may or may not be present at the time of a survey. It should be possible to define habitat conditions suitable for fish whether or not they are there at a given time.

Scientific information has evolved to where predictions can be made about where fish will go, Terwilliger said, but there are still questions about what conditions create a barrier to fish. A level of scientific certainty is required before changes can go forward.

“If science says a change needs to be made, then you more forward to make the change,” she said. “To date, we have not seen data that a lot of changes need to be made.”

If a rule change is proposed, it will need to undergo environmental review, a cost-benefit analysis, a small-business economic impact statement and public hearings.

Peter Goldman, director and managing attorney at Washington Forest Law Center, said the adaptive management process should be more than a system of delays. Only recently have things been moving in the right direction, he added.

“The timber industry is powerful,” said Goldman, who represents environmental groups. “They don’t want anything to change.

“We have been trying to negotiate in good faith collaboratively, because that is the Washington way,” he said. “If the Forest Practices Board doesn’t act … it is conceivable that we will have to sue the board and ask the federal government to reconsider the HCP.”

Stephen Bernath, deputy supervisor for forest practices at the Washington Department of Natural Resources and chairman of Forest Practices Board, said the board is moving forward with the help of scientists. New ideas and new technology are being brought into the discussion with the goal of seeing whether a variety of physical parameters alone can be used to identify fish habitat with high probability.

At the Aug. 9 meeting, the board is scheduled to get an update on the progress and to act on staff recommendations about the breaks between fish and non-fish waters. After that, a formal process will begin to incorporate changes into policies, rules and guidance.

Facing challenges that could save chinook salmon from extinction

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

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

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

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

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

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

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

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

Former Gov. Gary Locke

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal grant may help bring life to abandoned properties in Bremerton

Up to 14 abandoned buildings or otherwise underused properties in Bremerton will undergo pollution assessments with an eye toward ultimate restoration, thanks to $300,000 in federal “brownfields” funds.

The old K-Mart building in East Bremerton is one of many properties that might benefit from a new brownfields grant awarded to the city of Bremerton.
File photo: Meegan Reid, Kitsap Sun

The pollution assessments are considered a first step in restoring life to properties that have been neglected because of the high cost of investigating and cleaning up hazardous substances on the sites.

The city of Bremerton targeted four neighborhoods in its grant application, which has been given conditional approval by the Environmental Protection Agency. These are the specific areas with descriptions from the city’s application:

Continue reading

Hood Canal property will compensate for Navy construction at Bangor

Hood Canal Coordinating Council has finally found some shoreline property to compensate for environmental damage from the Navy’s $448-million Explosives Handling Wharf at Bangor.

The shoreline of a 6.7-acre property to be used for mitigation of the Navy’s Explosives Handling Wharf at Bangor. // Photo: Hood Canal Coordinating Council

The 6.7 acres of waterfront property — located near Kitsap County’s Anderson Landing Preserve on Hood Canal — becomes the first saltwater mitigation site in Washington state under an in-lieu-fee mitigation program. The $275,000 purchase was approved Wednesday by the coordinating council, which manages the in-lieu-fee program.

The Navy itself is not a party to the transaction, having paid the coordinating council $6.9 million to handle all the freshwater and saltwater mitigation required for the wharf project — including managing the mitigation properties in perpetuity.

The coordinating council’s in-lieu-fee program, which is overseen by state and federal agencies, allows developers to pay a flat fee for their environmental damage instead of undertaking mitigation work themselves.

Continue reading

Protecting the Puget Sound ecosystem involves urban planning

I often write about Puget Sound restoration, sometimes forgetting to include the word “protection.” It really should be “Puget Sound protection and restoration” — with protection getting the first billing and the highest priority in our thinking.

Puget Sound from space // Image: NASA

Protection isn’t very exciting — not like restoring hundreds of acres of degraded estuaries, floodplains and wetlands. Of course, restoration is absolutely necessary to gain back lost habitat, but the immediate result is never as good as habitat that avoided damage in the first place. Even restored habitat generally needs to be protected for a long time before it functions as well as an undisturbed site.

These are issues I have been pondering as I wrote the latest story in a series about Implementation Strategies — a focused effort to make a measurable improvement in the Puget Sound ecosystem. For details, check out the Encyclopedia of Puget Sound.

If we could freeze everything in place, then habitat restoration would help rebuild the fish and wildlife populations that require special conditions. But we cannot stop time, and we are told that 1.5 million more people will soon be living in the Puget Sound region.

Where can all these future people find homes without further degrading the environment? Will they choose to live in places that minimize the ecological damage or will it even matter to them? Needless to say, this remains an open-ended question — a question that is both public and very personal, touching on issues of freedom and property rights.

Continue reading

Floodplains by Design solves problems through careful compromise

Water

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

— Ralph Waldo Emerson (1803-1882)

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

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

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

Flooding along the Snoqualmie River
Photo: King County

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

Continue reading

Hood Canal nominated as Sentinel Landscape with ties to military

Hood Canal and its surrounding watershed have been nominated as a Sentinel Landscape, an exclusive designation that recognizes both the natural resource values and the national defense mission of special areas across the country.

USS Henry M. Jackson, a Trident submarine, moves through Hood Canal in February on a return trip to Naval Base Kitsap – Bangor.
U.S. Navy photo by Lt. Cmdr. Michael Smith

If the designation is approved, it will bolster applications for federal funding to protect and restore important habitats and to maintain working forests in and around Hood Canal. Given the uncertain budget for environmental programs under the Trump administration, it wouldn’t hurt to have the Department of Defense supporting the protection of Hood Canal.

The Sentinel Landscapes Partnership involves the U.S. departments of Agriculture, Defense and Interior. The idea is to coordinate the efforts of all three agencies in locations where their priorities overlap, according to the 2016 Report on Sentinel Landscapes (PDF 5.6 mb).

Continue reading

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

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

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

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

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

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

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

Continue reading

Amusing Monday: Eco-Comedy competition includes sharp parodies

Entries in this year’s Eco-Comedy Video Competition seem to reflect an anxiety over what will happen to the environment under President Trump’s administration — although the winning video was among a few finalists that stayed clear of an overt political message.

This is the eighth annual competition sponsored by the Center for Environmental Filmmaking and The Nature Conservancy. A total of 48 videos were submitted with this year’s theme: “Conservation and Environmental Protection.”

To qualify, the original videos, three minutes or less, must be humorous, communicate a clear message and appeal to a broad audience. A panel of five judges chose the finalists and grand prize winner, who will be honored in a ceremony next week at American University in Washington, D.C.

Continue reading

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:

Continue reading