Category Archives: Planning

Amusing Monday: On location with music for a warming Arctic Ocean

As chunks of the Wahlenbergbreen glacier break off and crash into the sea next to him, Italian pianist and composer Ludovico Einaudi plays on, performing a piece he wrote for this moment.

As seen in this video, Einaudi’s piano is situated on a floating platform surrounded by small pieces of floating ice. He came to Norway this past June on the Greenpeace ship Arctic Sunrise to make a statement about the need to protect the Arctic Ocean. The composition, “Elegy for the Arctic,” fits the time and place.

“The ice is constantly moving and creating,” he told Sara Peach, a writer for Yale Climate Connections. “Every hour there is a different landscape. Walls of ice fall down into the water and they create big waves.”

Because of global warming, the Arctic is losing its ice, changing this remote ecosystem. Environmentalists are concerned about the increasing exploitation of minerals and fish in this fragile region. Greenpeace is among the groups pushing for international protections.

Supporting the cause, Einaudi performed with his grand piano on an artificial iceberg, 33 feet by 8.5 feet, made of 300 triangles of wood attached together.

“Being here has been a great experience,” he said in a Greenpeace news release issued at the time. “I could see the purity and fragility of this area with my own eyes and interpret a song I wrote to be played upon the best stage in the world. It is important that we understand the importance of the Arctic, stop the process of destruction and protect it.”

“If you haven’t heard the music of Ludovico Einaudi, then it’s probably because you don’t know it’s by Ludovico Einaudi,” writes Tim Jonze, music editor for The Guardian. “For years, his muted piano music has been stealthily soundtracking TV shows and adverts, seeping into our collective consciousness while the mild-mannered Italian behind it stayed out of the limelight.”

He has written songs for numerous soundtracks, including the trailer for “The Black Swan.” He has collaborated with other artists in theater, video and dance. Besides a long list of albums, his credits include multiple television commercials in Europe and the U.S.

In March, Einaudi released a music video, “Fly,” for Earth Hour (second video on this page). In my annual story about Earth Hour, I noted that the event may be losing its appeal in the U.S. but is still going strong in other countries. See Water Ways, March 16.

In the third video on this page, Einaudi discusses his latest project, an album titled “Elements.”

New protections planned for Devils Lake and Dabob Bay natural areas

In 1991, accompanied by botanist Jerry Gorsline, I visited Devils Lake for the first time. I remember being awestruck — in part by the beauty of the place but also because of the many unusual native plants that Jerry raved about. Not one invasive species had reached this place.

“Visiting Devils Lake,” I wrote, “is like stepping back in time, perhaps 200-300 years, to a period when civilization had not yet carried the seeds of foreign plants to the Pacific Northwest. At one end of the lake lies an enchanted world — a rare bog, where the sound of distant bubbles accompanies each footstep in the spongy moss.”

Proposed expansion of Devils Lake Natural Resources Conservation Area Map: DNR
Proposed expansion of Devils Lake Natural Resources Conservation Area // Map: DNR

Jerry worried that telling the story of Devils Lake would bring irresponsible people to the lake, people who could destroy the fragile ecosystem. But he also worried that not telling the story would lead to a massive clearcut on this state-owned land and that this wonderland would slip away. You can read this story online in Chapter 10 of the book “Hood Canal: Splendor at Risk” (PDF 5.2 mb).

Jerry and others were successful in limiting the logging, in part because of increasing environmental awareness and a new program called the Timber, Fish and Wildlife Agreement. In 2002, 80 acres containing the lake were permanently set aside as a natural resource conservation area.

Now Public Lands Commissioner Peter Goldmark wants to add another 415 acres to the NRCA before he leaves office. The added property, now held in trust for state school construction, would extend the protected habitat to the western shore of Quilcene Bay. To gain special protections, the land would need to go through a process to compensate the trust for the loss of land and timber values.

Proposed expansion of Dabob Bay Natural Resources Conservation Area. Map: DNR
Proposed expansion of Dabob Bay Natural Resources Conservation Area. // Map: DNR

Nearby, the 2,771-acre Dabob Bay natural area — which includes the highly valued natural area preserve and the surrounding NRCA — would increase by 3,640 acres under the expansion plan. About 940 acres is held by the state in trust status. Private lands, totaling 2,700 acres, could be purchased by the state but only from willing sellers.

Basic details are provided in a fact sheet from DNR (PDF 318 kb). Peter Bahls, executive director of Northwest Watershed Institute, wrote an article about the plan for Olympic Forest Coalition.

Two public meetings have been scheduled at Quilcene High School to discuss the plan:

  • Informational discussion: Wednesday, Sept. 28, from 6 to 8 p.m.
  • Public hearing for comments: Thursday, Oct. 13, from 6 to 8 p.m.
  • Written comments: Information available at the link above.

Information on the previous Dabob Bay NRCA expansion and request for related funding can be found in the DNR publication “Dabob Bay Coastal Conservation” (PDF 12.3 mb).

Extensive floodplain restoration brings new hope to Clear Creek

A giant piece of a cedar log stands erect in a barren landscape north of Silverdale, where a new channel for Clear Creek stands ready to receive water.

An old cedar log was recovered during excavation for a new channel for Clear Creek. Photo: Dunagan
An old cedar log was recovered during excavation for a new channel for Clear Creek.
Photo: Christopher Dunagan

Well, maybe this channel won’t be entirely new. Designers working to restore this portion of Clear Creek studied old maps. They tried to align the new man-made channel to the meandering stream that existed 150 years ago, before farmers diverted the creek around their fields.

During excavation, workers uncovered buried gravel — remnants of the old streambed — along with chunks of cedar that had lain along the edge of the stream. Buried and cut off from oxygen, these pieces of wood survived for decades underground, while cattle grazed in the fields above.

Workers excavating for the new channel used their heavy equipment to pull out what remained of a great cedar log. They stood the log vertical and buried one end in the ground — a monument to the past and future of Clear Creek.

A restored Clear Creek floodplain (before plantings) north of Waaga Way in Central Kitsap. Photo: Kitsap County Public Works
A restored Clear Creek floodplain (before plantings) north of Waaga Way in Central Kitsap.
Photo: Kitsap County Public Works

Chris May, manager of Kitsap County’s stormwater program, showed me the new channel this week. He said it was rewarding to uncover some buried history and realize that the stream would be restored in roughly the same place.

“We found the old channel,” Chris told me, pointing to a deposit of gravel. “We are pretty confident that we got it right.”

This $3-million project has been conceived and designed as much more than a stream-restoration project. The elevations of the land around the stream have been carefully planned so that high flows will spill into side channels and backwater pools. That should reduce flooding in Silverdale and help stabilize the high and low flows seen in Clear Creek.

Before photo: This was the farmers field as it appeared before restoration. Photo: Kitsap County Public Works
Before photo: This was the farm field as it appeared before restoration. // Photo: Kitsap County Public Works

The engineers did not calculate the reduced frequency of flooding, but floodwater storage is calculated to be 18.4 acre-feet, the equivalent of a foot of water spread over 18.4 acres or 29,700 cubic yards or 6 million gallons.

In all, about 30,000 cubic yards of material have been removed across 21 acres, including the former Schold Farm on the west side of Silverdale Way and the Markwick property on the east side. Native wetland vegetation will be planted along the stream and in low areas throughout the property. Upland areas will be planted with natural forest vegetation.

The topsoil, which contained invasive plants such as reed canarygrass, was hauled away and buried beneath other excavated soils to form a big mound between the new floodplain and Highway 3. That area will be planted with a mixture of native trees.

Graphic showing area before restoration. Graphic: Kitsap County Public Works
Graphic showing area before restoration.
Graphic: Kitsap County Public Works

Plans call for removal of 1,500 feet of an existing road with upgrades to two aging culverts. Adding meanders to the straightened channel will create 500 feet of new streambed that should be suitable for salmon spawning.

Plans call for adding 334 pieces large woody debris, such as logs and root wads to the stream. Some of that wood will be formed into structures and engineered logjams to help form pools and gravel bars.

Graphic showing area after restoration. Graphic: Kitsap County Public Works
Graphic showing area after restoration. Notice stream meanders near beaver pond habitat
Graphic: Kitsap County Public Works

“This will be one of the first streams to meet the Fox and Bolton numbers,” Chris told me, referring to studies by Martin Fox and Susan Bolton of the University of Washington. The two researchers studied natural streams and calculated the amount of woody debris of various kinds needed to simulate natural conditions, all based on the size of a stream. (Review North American Journal of Fisheries Management.)

The elevations on the property were also designed so that high areas on opposite sides of the stream would be in close proximity in several locations.

“Beaver will pick that spot,” Chris said, pointing to one location where the stream channel was squeezed by elevated banks on each side. “We want to encourage beaver to come in here.”

Beaver ponds will increase the floodwater storage capacity of the new floodplain and provide important habitat for coho salmon, which spend a year in freshwater and need places to withstand both high and low flows. Because the county owns the flooded property, there won’t be any complaints about damage from beavers, Chris noted.

Aerial photo showing project area with Silverdale in the background, Silverdale Way to the left and Highway 3 to the right. Photo: Kitsap County Public Works
Aerial photo showing project area with Silverdale in the background, Silverdale Way to the left and Highway 3 to the right. // Photo: Kitsap County Public Works

Clear Creek Trail (PDF 390 kb), which begins on the shore of Dyes Inlet, will be routed along the higher elevations as the trail winds through the property. Three new bridges will provide vantage points to watch salmon after vegetation obscures other viewing areas from the trail. Viewing platforms, as seen along other parts of Clear Creek Trail, were not included in this project but could be subject to further discussions.

Count me among the many people — experts, volunteers and users of Clear Creek Trail — who are eager to see how nature responds when water (now diverted) returns to the new stream channel. For decades, the lack of good habitat has constrained the salmon population in Clear Creek. The stream still has problems related to its highly developed watershed. But now a series of restoration projects is providing hope for increased coho and chum salmon and possibly steelhead trout as well as numerous other aquatic species.

In a story in the Kitsap Sun, Reporter Tristan Baurick described work this week on the Markwick property, where fish were removed in preparation for final channel excavation.

Here are some details (including photos) of various Clear Creek projects, as described in the state’s Habitat Work Schedule for restoration projects:

Washington Department of Ecology provided $2 million for the project. Kitsap County’s stormwater and roads programs each provided $500,000.

Harper Estuary project nears fall construction; bridge to come later

A new Harper Estuary bridge is being planned with a trail to the water. Graphic: Kitsap County Public Works
A new Harper Estuary bridge is being planned with a trail to the water. // Graphic: Kitsap County Public Works

The Harper Estuary restoration project is finally coming together, with one contractor being hired for culvert removal, others bidding for the excavation work and engineers completing the designs for a new bridge.

Since June, the first phase of the project has been divided into two parts. The first actual construction will involve the replacement of a 24-inch culvert that carries Harper Creek under Southworth Drive. The new structure will be a three-sided, open-bottom culvert that spans 16 feet across the stream.

A larger culvert will carry Harper Creek under Southworth Drive. Graphic: Kitsap County Public Works
A larger culvert will carry Harper Creek under Southworth Drive. (Click to enlarge.)
Graphic: Kitsap County Public Works

Bids were opened, and a contractor has been preliminarily selected, said Doris Small, project coordinator for the Washington Department of Fish and Wildlife. A meeting has been scheduled for Tuesday to iron out the final details and award the contract, she said.

The work must be completed by Oct. 15, so things will progress rapidly, she said. An announcement will be made soon regarding a temporary detour on Southworth Drive.

The remainder of the first phase involves the excavation of dirt and other debris used to fill in the estuary years ago. The project has been reduced slightly in size from the original design, reducing water contact in certain spots, Doris told me. Also, an analysis of the soils to be removed concluded that some of the fill material is contaminated at such a low level that it can be used as fill elsewhere or sent to a composting facility.

Olympiad Drive crosses Harper Estuary. Photo: Kitsap County Public Works
Olympiad Drive crosses Harper Estuary.
Photo: Kitsap County Public Works

Bids will be taken on the excavation project until Sept. 13, and the work must be done before the middle of February.

The design of a new 120-foot-long bridge on Olympiad Drive is between 60 and 90 percent complete. Applications have been submitted for several grants to complete the project, primarily construction of the new bridge. The bridge will replace a 36-inch culvert where the road crosses the estuary. The design includes access for people to walk down to the water, and it can be used to launch small hand-carried boats.

As I described in Water Ways in June, the existing makeshift boat launch must be removed to allow the restored estuary to function properly. I am told, however, that county officials are still looking for a nearby site to build a new boat launch with access for trailered boats.

If grants are approved to cover the cost, the bridge could be under construction next summer, Doris said. The total estimated cost of the entire restoration is now $7 million, with $4.1 million approved from a mitigation fund related to contamination from the Asarco smelter in Tacoma.

For information:

Looking backward, then forward on actions in Skokomish watershed

Through the years, I’ve written a lot about the Skokomish River, which begins in the Olympic Mountains and flows into the south end of Hood Canal. The wide, productive estuary might be described as the elbow of this long, narrow waterway that bends up toward Belfair.

Cover

I’ve heard it said that Puget Sound cannot be restored to health without a healthy Hood Canal, and Hood Canal cannot be restored to health without a healthy Skokomish River. Whether that is true remains to be seen, but I have no doubt that the Skokomish River watershed is coming out of a dark period of abuse with hope of becoming one of the most productive streams in the region.

Much of the credit for the transformation goes to a group of men and women from a variety of agencies, occupations and ways of life who came together with an understanding of the historic value of the Skokomish River and a vision for what the river could become again. This was the Skokomish Watershed Action Team, or SWAT, which celebrated its 10th anniversary last year.

helicopter

To be sure, it was basically loads of money that began to transform the abused Skokomish River watershed to a much more productive system. But the people in charge of the federal, state, local and private dollars were able to see the Skokomish as a worthy cause, thanks to the groundwork laid by the SWAT. Disappointments have been few, as one project after another brings this long lost river back to life.

Yes, I have written a lot about the Skokomish River, its history and its future. That’s why I was glad to see the 10-year update to the Skokomish Watershed Action Plan (download, PDF 113 mb). The document contains an extensive account of the projects completed and the milestones passed through the years. Whether you are intimately involved in the watershed or just want to know what the heck I’m talking about, take a look at the report released this week.

Logjam soon after installation in 2010. Photo: U.S. Forest Service
Logjam soon after installation in 2010.
Photo: U.S. Forest Service

Since 2005, nearly 50 restoration projects were completed — from removal of old logging roads high in the mountains to the re-establishment of tidal channels in the lower estuary. Salmon are being reintroduced to the North Fork of the Skokomish River, including the dammed-up Lake Cushman, thanks to a legal settlement between Tacoma and the Skokomish Tribe.

After establishment, a deep pool forms behind the logjam. Photo: U.S. Forest Service
Later, a deep pool forms behind the jam.
Photo: U.S. Forest Service

About 12 miles upstream in the South Fork of the Skokomish, a series of 30 logjams were installed and almost immediately began to restore the channel to a more natural habitat for fish and other aquatic creatures. This area was part of a four-mile stretch that was heavily logged in the 1950s for a reservoir that never happened.

Once the logjams were in place, the area began to store massive loads of sediment, which always created problems as they washed downstream into the lower river. The river’s characteristic problem of spreading out and slowing down was reversed, as width-to-depth ratios decreased and the average depth in the middle of the river increased by two feet. The number of pools deeper than five feet doubled from three to six, and the piles of wood grew larger by capturing logs floating downstream.

The new report also lays out plans for the watershed in the coming years, including projects identified in a major study by the Army Corps of Engineers. A Corps proposal to fund $20 million in restoration projects is now before Congress, as I described in Water Ways in April and June. Other projects have been proposed for separate funding, as outlined in the new report.

Demanding international changes to help protect marine mammals

After 43 years and some legal prodding, the United States is preparing to use its economic and political power to protect whales, dolphins and other marine mammals around the world.

On Monday, the National Oceanic and Atmospheric Administration is scheduled to publish regulations that will set up a system to ban imports of seafood from any country that fails to control the killing of marine mammals in its fishing industry.

Photo: Daniel Schwen, Wikimedia Commons
Photo: Daniel Schwen, Wikimedia Commons

To avoid a ban, foreign controls must be as effective as standards adopted by the United States to reduce the incidental death and injury to marine mammals in the U.S. fishing industry. Harvesting nations that wish to continue selling fish and fish products to U.S. markets will have five years to implement their marine mammal protection programs, if they have not already done so.

When it was first approved by Congress in 1972, the Marine Mammal Protection Act included provisions that would ban imports of fish caught in commercial fisheries where the “bycatch” of marine mammals exceeded U.S. standards. But the law was largely ignored until environmental groups filed a lawsuit against NOAA two years ago. The lawsuit was eventually settled, with NOAA agreeing to approve new rules by August of this year.

NOAA estimates that 650,000 marine mammals are killed each year in fishing operations. Meanwhile, U.S. consumers obtain 94 percent of their seafood from a growing import market valued at $33 billion in 2013.

“The new regulations will force countries to meet U.S. conservation standards if they want access to the U.S. market, saving thousands of whales and dolphins from dying on hooks and in fishing nets around the world,” said Sarah Uhlemann, international program director for the Center for Biological Diversity. “The U.S. government has finally recognized that all seafood consumed in the United States must be ‘dolphin-safe.’”

Comments were made in a joint news release from the Center for Biological Diversity, the Natural Resources Defense Council and the Turtle Island Restoration Network — the three groups that brought the lawsuit.

Graphic: NOAA
Graphic: NOAA

The new regulatory program on imports calls on NOAA Fisheries to issue a “comparability finding” after harvesting nations demonstrate that they have a regulatory program that meets U.S. standards for protecting marine mammals. Each program must prohibit the incidental killing or serious injury to marine mammals in all fisheries, estimate numbers of marine mammals on their fishing grounds and find ways to reduce harm if established limits are exceeded.

Over the next year, the regulations call for NOAA Fisheries to request information on marine mammal bycatch from countries that export to the U.S. On a list of foreign fisheries, each fishery will be classified either as “export” or “exempt.” Exempt fisheries are determined to have a remote chance of killing marine mammals, so they are not required to have a regulatory protection program. Those fisheries likely to impact marine mammals and those lacking information about impacts are placed in the export category. All fisheries must prohibit intentional killing of marine mammals to receive certification.

At the end of the five-year period, NOAA Fisheries will publish a list of fisheries that will not receive a comparability finding along with a list of fish banned from import. Those countries will receive information about why they were denied certification and are eligible to reapply at any time. Other details are outlined in a fact sheet from NOAA Fisheries.

The U.S. Marine Mammal Commission, a group appointed by the president to advise the government on the Marine Mammal Protection Act, welcomed the long-overdue regulations to protect marine mammals throughout the world, but said the five-year implementation period is too long. See comments, Nov. 9, 2015. (PDF 1.4 mb):

“Inasmuch as this is an ongoing, long-standing statutory requirement, the Commission does not see a legal basis for deferring implementation. To the extent that any delay can be countenanced, it should be kept to the absolute minimum necessary to secure the required information from exporting countries.

“The Commission is concerned that the proposed delay would result in at least another six years during which seafood could continue to be imported into and sold in the United States, despite unacceptably high levels of marine mammal bycatch, unbeknownst to U.S. consumers, and during which U.S. fleets would face unfair competition from foreign fleets with little or no accountability to follow comparable marine mammal conservation measures.”

In 1988, while the U.S. was developing new fishing standards to protect marine mammals, U.S. fishermen were required to report the type of gear they were using and any incidental catch of marine mammals, the Marine Mammal Commission noted. Fishermen also were required to allow observers on their boats while the agency developed stock assessments and new rules to protect various species of marine mammals. Those kinds of interim measures should be required of foreign fleets as well, the commission said.

Among its many comments when the rule was first proposed last year, the commission criticized the plan for placing too much burden on NOAA Fisheries to gather the information, rather than requiring the importing countries to document their protections for marine mammals.

“The Commission further recommends that the final rule clearly specify that nations be issued a CF only if they meet the U.S. standards, rather than be issued a CF unless it is shown that they do not meet the applicable requirements.”

As far as I can tell, the final rule failed to incorporate most of the commission’s suggestions. Still, using the economic and political power of the U.S. to protect marine mammals around the world is a considerable leap.

While the new regulations are expected to level the playing field for U.S. fishermen who must comply with marine mammal protections, we have yet to see the full response from other countries. At some point, a ban on U.S. imports is likely to trigger a challenge based on existing international trade agreements. I haven’t seen much written about the legal implications of the new marine-mammal-protection rules, but we have seen what can happen. Review the article by Mark J. Robertson about “dolphin-safe” tuna rules in a report for the International Centre for Trade and Sustainable Development.

The proper use of crab pots means extra crabs for the dinner plate

“Catch more crab!”

This is a campaign slogan going out to Puget Sound crabbers. It is a positive message, built upon the goals of:

  • Helping people avoid losing their crab pots,
  • Reducing the number of crabs that go to waste, and
  • Increasing the number of crabs available for harvest.

Crab

We’ve talked about the problems of lost crab pots that keep on catching crabs on the bottom of Puget Sound. About 12,000 crab pots are lost each year in Puget Sound, killing an estimated 178,000 legal-sized Dungeness crabs that would otherwise be served up for dinner. In January, I described some simple alterations to crab pots that allow crabs to escape when a pot gets lost. See Water Ways, Jan. 28.

Even more basic, however, are proven techniques that help people select equipment and place their crab pots so they don’t get damaged or lost in the first place.

The Northwest Straits Initiative, authorized by Congress in 1998, has been working on the problem of derelict gear for years, including the retrieval of thousands of lost nets and crab pots from Puget Sound. When it came to enlisting the public’s help in prevention, campaign organizers realized that everyone was on the same side, said Jason Morgan of the nonprofit Northwest Straits Foundation.

Crab2

“We previously focused on the doom and gloom of it, talking about so many crabs killed each year,” Jason told me.

Working with sociologists, campaign organizers realized that “the better way to reach people is not to talk about dead crabs but to say we want you to catch more crabs and keep your crab pots.”

The Northwest Straits Foundation has developed a three-year plan of action, including education for the public; improved communication among crabbers, vessel operators and government officials; and recommendations for improving regulations.

The plan was put together by a working group of 35 people involved in various aspects of crab harvesting, boat traffic and resource protection.

“It was a great collaborative process,” Jason said. “There was no butting of heads or anything like that.”

The “Puget Sound Lost Crab Pot Prevention Plan” (PDF 996 kb) states:

“Crab pots are lost for a variety of reasons. Causes for loss generally fall into three categories:

  • Vessel interaction (both recreational and commercial vessels);
  • Improperly configured gear, including improperly tied knots; and
  • Improperly placed gear.

“All these categories usually include a degree of user error, either on the part of the crabber, or on the part of the boater or vessel operator.”

The plan includes at least 25 strategies for reducing conflicts between vessel traffic and crab pots, reducing tampering and sabotage, improving crabbing equipment and pot configuration, and removing abandoned crab pots during non-crabbing days.

One of the interesting ideas is to require online registration for recreational crab endorsements on fishing licenses. Applicants would take a short quiz to make sure they know the rules.

Rich Childers, shellfish manager for Washington Department of Fish and Wildlife, said the various regulatory proposals in the plan are under advisement. One idea, which has proven effective, is to reduce the size of allowable escape cord (“rot cord”) that opens an escape hatch for the crabs to get out. Studies have shown that approved escape cord takes between 30 and 148 days to disintegrate, and most people use larger cord to last longer.

The time that crabs are trapped and dying on the bottom could be reduced if the rules were changed to require smaller cord. Any rule changes would include a grace period, Childers said, and it would be nice if crabbers could obtain the smaller cord for free.

With crab season underway, a series of videos on the theme “Catch more crab!” couldn’t come at a better time:

A longer video shows how to modify a crab pot to make sure that crabs can escape when a crab pot is lost:

“Modify your crab pot: adding bungee cord & modifying escape ring”

The video below provides basic information for first-time crabbers. Meanwhile, outdoors writer Mark Yuasa offered a nice instructional story last week in the Seattle Times.

To check on crab seasons and legal requirements, visits the Recreational Crab Fishing webpage of the Washington Department of Fish and Wildlife.

Canary rockfish likely
to be removed from Endangered Species List

One of the three species of rockfish listed as threatened or endangered in the Puget Sound region is about to be pulled off the Endangered Species List, following recent scientific findings.

Canary rockfish Photo by Tippy Jackson, NOAA
Canary rockfish
Photo by Tippy Jackson, NOAA

Genetic studies carried out with the help of fisherfolk from Kitsap County have determined that canary rockfish are not a discrete population from those found off the Washington Coast. An official comment period on the delisting is open until Sept. 6, as described in the Federal Register.

I first discussed early evidence of this genetic finding a year ago. Kelly Andrews, a genetics expert with NOAA Fisheries, confirmed that limited genetic samples of canary rockfish from coastal areas appeared no different from samples taken from Puget Sound. Kelly wanted to review analyses from additional samples before drawing firm conclusions. See Water Ways, June 18, 2015.

Removing canary rockfish from the Endangered Species List will have no effect on yelloweye rockfish, listed as threatened, or bacaccio, listed as endangered. The change also is expected to have no immediate effects on fishing rules, which are designed to protect all rockfish in Puget Sound.

Rockfish are considered an important part of the Puget Sound ecosystem. Understanding the causes of their decline and finding ways to rebuild their populations could help with the recovery of a variety of other marine species, experts say.

A five-year review (PDF 15.1 mb) on the status of the three species of rockfish was due last year, but it was delayed until April of this year to include the new genetic information. In addition to a proposal to delist canary rockfish, the report discusses the difficulty in gathering population data. The authors were able to report:

“The data suggest that total rockfish declined at a rate of 3.1 to 3.8 percent per year from 1977 to 2014 … or a 69 to 76 percent total decline over that period. We did not find evidence for subpopulations with different population growth rates.”

Those involved in the scientific effort expressed appreciation to the anglers who went out with them to track down rockfish and take fin clips for genetic sampling. The effort also included information from the Washington Department of Fish and Wildlife, where researchers surveyed rockfish areas with divers and remotely operated vehicles.

“Without the expertise of experienced fishing guides, anglers, and WDFW’s rockfish survey data, it would have been difficult to find the canary rockfish and yelloweye rockfish to collect the fin clips needed for the study,” according to a question-and-answer sheet from NOAA Fisheries (PDF 534 kb).

The local fishing experts were able to take the researchers to the hotspots where rockfish have always been found.

During the sampling, fishers were careful to release the rockfish with “descending devices” to get them safely back to deep water, where they reside. That is a technique recommended for all anglers who catch rockfish while fishing for other species. For details, see “Bring That Fish Down” (PDF 673 kb) by California Sea Grant and “Protecting Washington’s Rockfish” by WDFW.

Among those helping with the survey were Ray Frederick, a longtime leader in the Kitsap Poggie Club, a local fishing group, and Randy Jones, a charterboat operator from Port Orchard.

Ray recalls catching rockfish decades ago while fishing for salmon and other fish. “I considered myself lucky if I caught a rockfish and brought it home, because they’re really good eating,” Ray said in a story written by Ed Quimby, a former NOAA writer. “I prefer salmon,” Ray added, “but my wife likes rockfish better.”

Efforts to develop a recovery plan for rockfish continue for yelloweye rockfish and bocaccio as required by the Endangered Species Act. Details can be found on NOAA’s webpage “Rockfish in Puget Sound/Georgia Basin.”

Engineers find new location for boat facility in Harper Estuary

At a community meeting in March, many residents of Harper in South Kitsap expressed profound disappointment that the latest plan to restore Harper Estuary would remove a low-key boat launch used by many people in the area. See Kitsap Sun story, March 31.

The makeshift boat launch, built on fill, provides the only access to the beach in that area, community members noted. Many expressed their belief that county and state officials had failed in their commitment to maintain beach access.

Not yet approved, this rough drawing shows how a trail alongside Olympiad Drive could be used to reach Harper Estuary. Drawing: Kitsap County Public Works
Not yet approved, this rough drawing shows a trail alongside Olympiad Drive to Harper Estuary.
Drawing: Kitsap County Public Works

After the meeting, five representatives of the community met onsite with officials involved in the project. Several ideas were discussed, and it appears that a new access to the estuary is gaining approval, though it won’t allow vehicles with trailers to reach the water. The new access would be an earthen ramp on the opposite side of Olympiad Drive.

An addendum to the planning documents (PDF 1.1 mb) makes it clear that the old boat launch basically prevents the $4-million restoration project from being done right.

“Retaining the boat landing in its current location will:

  • “Block the ability to replace the undersized culvert with a large bridge in order to restore estuary function and tidal exchange,
  • “Reduce sediment contaminant removal associated with the excavation project,
  • “Retain compacted gravel substrate that does not support aquatic plants or benthic organisms at the existing boat launch, and
  • “Impede restoration of filled estuarine habitat and functional channel geometry.”

The proposal now under consideration is to grade the slope alongside Olympiad Drive at a gentle 5:1 angle. Cars and trucks could pull off the side of the road long enough to unload their boats, which would be carried down the slope. For people who just want to walk down to the water, the ramp would provide the needed access and perhaps the beginning of a proposed trail system around the estuary.

Harper Estuary Contributed photo
Harper Estuary // Contributed photo

A plan to build stairs down to the water from Southworth Drive raised objections during the March meeting, because it would be difficult and unsafe to carry boats across the busy roadway and down concrete steps, which could become slippery. If the stairs are built, which remains undecided, they could be designed to contain gravel, making them less slippery.

Jim Heytvelt, a community leader in Harper, said the new access to the beach would meet the needs of most, but not all, people in the community. Most people in support of the restoration never wanted a major boat launch like the one at Manchester, he said. People are beginning to come around to the reality of the situation, given conditions needed to restore the estuary, he said.

During surveys of the property, officials discovered another problem that could have thrown a monkey wrench into the boat launch at its current location. The county learned that it does not own the property where the boat launch was built, as had been widely assumed. The property is owned by the state Department of Natural Resources — and nobody has ever been given approval to use the site.

Even if the restoration could be done without removing the launch site, nobody knows if the DNR would grant a lease for the use to continue. Someone might need to assume liability at the site. The proposed ramp to the estuary seems to eliminate that problem, as the property is almost entirely owned by the county.

Delays in preparing the plans, getting permits and putting the project out to bid has caused the schedule to slip from early summer into late summer and fall, said Doris Small of the Washington Department of Fish and Wildlife. That assumes the project can be advertised for bids by the end of this month — something that is still not certain.

Any further delays could put the funding in jeopardy and might require new approvals from the Washington Department of Ecology and possibly the Legislature. The restoration money comes from a fund set up to mitigate for damages from the ASARCO smelter in Tacoma, which emitted toxic pollution for decades, some of which reached South Kitsap.

The first phase of the project involves excavation to remove most of the fill dumped into the estuary, allowing the shorelines to return to a natural condition. To complete the restoration, additional funding is being sought to build a bridge, which will replace the culvert under Olympiad Drive. If funding is approved, the bridge could be built as early as next summer.

Another community meeting is scheduled for Wednesday at 6:30 p.m. at Colby United Methodist Church, 2881 Harvey St. SE. Officials will provide an update on the restoration efforts. County Commission Charlotte Garrido said she would like to continue discussions about what the community would like to see in the future, hoping to build a stronger relationship between the county and the community.

Endangered Species Act can’t help Lolita, judge says in legal ruling

When Lolita, a female orca held captive since 1970, was listed among the endangered population of Southern Resident killer whales, advocates for Lolita’s release were given new hope. Perhaps the listing would help Lolita obtain a ticket out of Miami Seaquarium, where she has lived since the age of 5.

Lolita has lived in a tank at Miami's Seaquarium since age 5. Photo courtesy of Orca Network
Lolita has lived at Miami’s Seaquarium since age 5.
Photo courtesy of Orca Network

But a U.S. district judge ruled last week that the Endangered Species Act could not help her. While the federal law prohibits human conduct likely to “gravely threaten the life of a member of a protected species,” it cannot be used to improve her living conditions, according to the ruling (PDF 3.3 mb) by Judge Ursula Ungaro in the Southern District of Florida.

“We very much disagree with the decision, and we will be appealing it,” said attorney Jared Goodwin, who represents the plaintiffs — including the People for the Ethical Treatment of Animals (PETA), the Animal Legal Defense Fund and Orca Network.

Over the objections of attorneys for Miami Seaquarium, the judge said the plaintiffs have a right to sue the aquarium, but Lolita’s care and well-being falls under a different law: the Animal Welfare Act.

The judge noted that the National Marine Fisheries Service, which is responsible for marine species under the ESA, had previously stated that keeping threatened or endangered species in captivity is not a violation of the ESA. NMFS also deferred enforcement activities to the Animal and Plant Health Inspection Service, a division of the U.S. Department of Agriculture.

While the ESA prohibits listed species from being “harassed,” Judge Ungaro said the term takes on a different meaning for animals held in captivity, since the law is designed to conserve species in the wild along with their ecosystems.

The judge took note of the complaints about Lolita’s living conditions, including the small size of her tank, harassment by white-sided dolphins that live with her and the lack of shade or other protection from the weather. But those aren’t conditions to be judged under the ESA, she said.

“Thus, while in a literal sense the conditions and injuries of which plaintiffs complain are within the ambit of the ordinary meaning of ‘harm’ and ‘harass,’ it cannot be said that they rise to the level of grave harm that is required to constitute a ‘take’ by a licensed exhibitor under the ESA,” she wrote.

Judge Ungaro also cited statements made by NMFS in response to comments from people who want to see Lolita released into a sea pen or possibly into open waters. Such a release, “could itself constitute a ‘take’ under Section 9(a)(1) of the act,” she said, quoting NMFS.

“The NMFS noted concerns arising from disease transmission between captive and wild stocks; the ability of released animals to adequately forage for themselves; and behavioral patterns developed in captivity impeding social integration and affecting the social behavior of wild animals,” the judge wrote.

Jared Goodman, the plaintiffs’ attorney, said the judge needlessly applied a separate definition of “harassment” to captive versus wild animals. Conditions at the aquarium are clearly harassment for Lolita, he said, and the Endangered Species Act should provide the needed protection.

The Animal Welfare Act, which should require humane treatment for captive animals, is long out of date and needs to be revised based on current knowledge about marine mammals, he said.

The same plaintiffs filed a new lawsuit in May against the Department of Agriculture for issuing a new operating license to Miami Seaquarium without adequately considering the conditions in which Lolita is being kept. Previously, a court ruled that the Animal and Plant Health Inspection Service acted properly when it renewed the license for Miami Seaquarium each year, because the law does not require an inspection for an ongoing permit.

That is not the case with a new license, which was required when the Miami Seaquarium came under new ownership as the result of a stock merger in 2014, according to the lawsuit. Federal inspectors should have reviewed the legal requirements to certify that Lolita’s tank and other facilities met the standards before issuing a new license, Jared said. According to documents he obtained through public disclosure requests, it appears that the federal agency simply “rubber-stamped” its previous approvals, he said, adding that a formal review would show that the aquarium in violation of animal welfare rules.

As the legal battles go on, it is difficult to see how Lolita is any closer to being “retired” to a sea pen in Puget Sound where she was born, although Howard Garrett of Orca Network and other supporters have developed a plan for Lolita’s return and even have a specific site picked out. See “Proposal to Retire the Orca Lolita.” (PDF 3.5 mb).

Meanwhile, with SeaWorld’s announcement that it will no longer breed killer whales or force orcas to perform for an audience, a new group called The Whale Sanctuary Project is looking for sites to relocate whales and dolphins that might be released. The project has received a pledge of at least $1 million from Munchkin, Inc., a baby product company. For details, check out the group’s website and a press release announcing the effort. I should point out that SeaWorld officials say they won’t release any animals.

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