Category Archives: Planning

New videos talk about protecting the ecosystem with tribal treaty rights

Northwest Indian Fisheries Commission this week released two new videos, including one that shows how tribes are using their treaty rights to protect the environment on behalf of all Northwest residents.

The video was released under the commission’s new communications banner, “Northwest Treaty Tribes: Protecting Natural Resources for Everyone.”

The video describes the Lummi Nation’s success in getting the U.S. Army Corps of Engineers to reject the Gateway Pacific Terminal at Cherry Point near Bellingham. If approved, the shipping terminal could have been the transfer point for up to 59 million tons of Montana coal each year. The coal would be transported by train to Cherry Point and onto ships bound for China and other Pacific Rim countries.

The Corps of Engineers halted the permitting process last May, saying the project was too big to be considered de minimis, and it would violate the tribe’s treaty rights to take fish in the usual and accustomed area. See news release.

The video does a nice job of explaining the tribe’s position and the ecological value of fish, including a Cherry Point herring population that has declined so severely that it can no longer support the food web as it once did. Also described well are the cultural values of the Cherry Point site and longtime fishing practices.

Tribal members, including Jay Julius of the Lummi Tribal Council, are able to articulate the concerns about the proposed terminal as well as the elation experienced when the Corps announced its denial of the project.

“When we got that news, it brought tears to many … in our community, because it was like a 500-pound weight off of our chest,” Julius said. “Yes! We got protection!”

Many environmentally minded people were surprised, and pleased, at the outcome. Among them was Crina Hoyer of the Bellingham-based Resources for Sustainable Communities.

“If the Lummi Nation hadn’t taken a leadership role and put their treaty rights on the line, I believe we would still be fighting this coal terminal,” Hoyer said on the video. “And, frankly, I’m not sure that we would have won.

“The fact that they used this treaty to slay this dragon was phenomenal, this treaty that continues to protect us as a community and grants us the ability to live here,” she said.

Not mentioned in the video is a new twist to the story since former Rep. Ryan Zinke of Montana, one of the strongest proponents of the coal terminal, became Interior Secretary in the Trump Administration. Zinke was allied with another Indian tribe, the Crow Nation of Montana, which has a major deposit of coal on its reservation.

“When it comes to coal, here at Crow you’re not going to have controversy,” said Darrin Old Coyote, chairman of the Crow Tribe, in a story in “Inside Energy” magazine. “I don’t want to be dependent on the U.S. government. We have the resources, we have the manpower, we have the capability of being self-sufficient. There’s no reason why we should be this poor.”

Old Coyote has signed a lease option on behalf of the tribe for Cloud Peak Energy to produce up to 1.4 billion tons of coal on the reservation.

Before the Army Corps of Engineers denied the Gateway Pacific Terminal application, Zinke expressed impatience when the applicant, Pacific International Terminals, voluntarily delayed review of the project.

“Thanks to political pressure and the environmental special interests, the Gateway Pacific Terminal is suffering the same bureaucratic death as the Keystone XL Pipeline,” Zinke said in a news release. “The Crow need and deserve for this project to go through; and frankly, there’s no reason it shouldn’t have been approved in a timely, transparent, and fair manner.”

As we know now, the Keystone XL Pipeline is back on track under the order of President Trump. If approved, the pipeline would carry oil from Canada’s oil sands in Alberta to the Gulf Coast. As quoted in the New York Times, Trump told a group of auto executives:

“I am, to a large extent, an environmentalist; I believe in it. But it’s out of control, and we’re going to make it a very short process. And we’re going to either give you your permits, or we’re not going to give you your permits. But you’re going to know very quickly. And, generally speaking, we’re going to be giving you your permits.”

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The other video released this week by the Northwest Indian Fisheries Commission is a cartoon called “Salmon Problems,” a followup to last year’s “Tribal Fishing 101,” told from a tribal perspective.

Puget Sound and other estuaries are facing the federal chopping block

Federal funding to restore Puget Sound and other large U.S. estuaries would be slashed by more than 90 percent under a preliminary budget proposal coming from President Trump’s administration.

Funding for Puget Sound restoration would be cut by 93 percent, from the current budget of $28 million to just $2 million, according to figures cited by the Portland Oregonian and apparently circulated by the National Association of Clean Air Agencies. Here’s the list.

The Great Lakes, which received a big boost in spending to $300 million in the current biennium, would be hammered down to $10 million. Chesapeake Bay, currently at $73 million, would be reduced to $5 million.

Much of this money goes for habitat protection and restoration, the kind of effort that seems to be kicked to the bottom of the priority list, at least in these early budget figures. The new EPA administrator, Scott Pruitt, appears to be focusing on upgrading water infrastructure, cleaning up toxic sites and reducing air and water pollution, although everything is cut deeply and details remain murky.

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More coho salmon are expected, but fishing will remain limited this year

Total returns of coho salmon to Puget Sound this year are expected to be significantly higher than last year, and that should help smooth negotiations between state and tribal salmon managers working to establish this year’s fishing seasons.

But critically low runs of coho to the Skagit and Stillaguamish rivers in Northern Puget Sound could limit fishing opportunities in other areas, as managers try to reduce fishing pressure on coho making their way back to those rivers.

In any case, both state and tribal managers say they are confident that they can avoid the kind of deadlock over coho they found themselves in last year, when a failure to reach agreement delayed sport fishing seasons and threatened to cancel them altogether. See reporter Tristan Baurick’s stories in the Kitsap Sun, May 4 and May 28.

“We’re in a much better situation than we were last year,” Ryan Lothrop, a salmon manager with Washington Department of Fish and Wildlife, told a large gathering of sport and commercial fishermen yesterday in Olympia.

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Petition seeks to revoke Department of Ecology’s clean-water authority

Citing pollution problems in Puget Sound, an environmental group is asking the Environmental Protection Agency to revoke Washington state’s authority to enforce the federal Clean Water Act.

Northwest Environmental Advocates, based in Portland, says a review of 103 discharge permits issued by the Washington Department of Ecology shows a failure to control nitrogen pollution. Excess nitrogen reduces oxygen levels in the water and triggers algae blooms, resulting in serious problems in Puget Sound, according to a petition submitted to the EPA.

“Ecology determined that over 80 percent of the human sources of nitrogen in Puget Sound comes from cities and towns, but it continues to issue discharge permits as if it were completely ignorant of these facts,” Nina Bell, the group’s executive director, said in a news release.

“It’s just flat out illegal to issue permits that contribute to harmful pollution levels,” she added. “These permits are the walking dead, existing merely to create the impression that the state is doing its job to control water pollution when it is not.”

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Federal Action Plan for Puget Sound released as Trump enters office

Two days before Donald Trump became president, the Puget Sound Federal Task Force released a draft of the federal action plan for the recovery of Puget Sound.

Puget Sound from space // Image: NASA

The Trump transition raises uncertainty about the future of this plan, but at least the incoming administration has a document to work with, as described by Steve Kopecky of the White House Council on Environmental Quality. (See Water Ways, Dec. 22.)

Speaking last month before the Puget Sound Partnership’s Leadership Council, Kopecky acknowledged that the plan would go through many changes over time, with or without a new president.

“That being said, the first one is probably the most powerful,” he said. “It is the model that new folks are going to use, so we’re trying to make sure that we have a good solid foundation model before we all collectively go out the door.”

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Report: It’s time to shift the deadlines for Puget Sound restoration

Restoring Puget Sound to a healthy condition by the year 2020 is an unrealistic goal that needs to be addressed by the Puget Sound Partnership, according to the latest performance audit by the Joint Legislative Audit and Review Committee.

Structure

It’s a issue I’ve often asked about when talking to people both inside and outside the Puget Sound Partnership. What’s the plan? Are we just going to wait until the year 2020 and say, “Ah shucks; I guess we couldn’t reach the goal.”?

Puget Sound Partnership, the organization created by the Legislature to coordinate the restoration of Puget Sound, is on the right track in many ways, according to the preliminary audit report. But the Partnership needs to address several “structural issues” — including coming up with realistic goals for restoration.

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Stormwater projects in Silverdale offer hope for a degraded Clear Creek

Detailed planning and design, followed by thoughtful construction projects, have begun to tame the stormwater menace in Clear Creek, an important salmon stream that runs through Silverdale in Central Kitsap.

A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. Photo: C. Dunagan
A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. // Photo: C. Dunagan

Stormwater has been identified as the greatest pollution threat to Puget Sound. In Kitsap County, many folks believed that the dense development pattern in and around Silverdale has doomed Clear Creek to functioning as a large drainage ditch for runoff into Dyes Inlet.

But reducing stormwater pollution is not beyond the reach of human innovation, as I learned this week on a tour of new and planned stormwater facilities in the Clear Creek drainage area. The trick is to filter the stormwater by any means practical, according to Chris May, director of Kitsap County’s Stormwater Division and a key player in the multi-agency Clean Water Kitsap program.

Projects in and around Silverdale range from large regional ponds of several acres to small filtration devices fitted into confined spaces around homes and along roadways.

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Federal Action Plan coming together
for Puget Sound

A draft of a Federal Action Plan to protect and restore Puget Sound is scheduled for completion before Donald Trump takes office on Jan. 20, according to officials involved in developing the plan.

Colvos Passage from Anderson Point on the Kitsap Peninsula Photo: Lumpytrout, Wikimedia Commons
Colvos Passage from Anderson Point on the Kitsap Peninsula // Photo: Lumpytrout, Wikimedia Commons

The plan will help demonstrate that Washington state and nine federal agencies are aligned in their efforts to recover one of the most important waterways in the nation, according to leaders involved in a new Federal Puget Sound Task Force.

The task force was created in October by President Obama, who essentially elevated Puget Sound to a high-priority ecosystem, on par with Chesapeake Bay, the Florida Everglades and the Great Lakes, according to a news release from the White House.

A memorandum of understanding (MOU) signed among federal agencies replaces a less structured MOU that was scheduled to expire next year. The new agreement calls for a five-year action plan to be completed by June 1, but a draft should be ready by Jan. 18, according to Peter Murchie, who manages Puget Sound issues for the Environmental Protection Agency and chairs the task force.

“Part of the goal is to have something in front of the transition folks … that they can then shepherd through individual budget and prioritization processes that they’ll be doing with new leadership,” Murchie told the Puget Sound Partnership’s Leadership Council two weeks ago.

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Congress authorizes five restoration projects throughout Puget Sound

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

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

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

The three PSNRP projects moving forward are:

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Kongsgaard departs Puget Sound Partnership; Manning assumes chair

Martha Kongsgaard, chairwoman of the Puget Sound Leadership Council, has always spoken with a voice of both reason and passion while guiding the Puget Sound Partnership in its efforts to restore Puget Sound to health.

Martha Kongsgaard
Martha Kongsgaard

Yesterday and today, Martha attended her final meeting as a member of the Leadership Council, the governing body of the Partnership charged with coordinating Puget Sound ecosystem recovery.

While listening to presentations on technical and financial issues, Martha always seems to quickly focus discussions on the key issues of recovery while asking how to help average people understand the complex problems.

As a reporter, I’ve enjoyed speaking with Martha, who not only answers my questions in a direct and revealing way but also indulges my curiosity. Our discussions often take tangents onto other interesting subjects, sometimes leading to new stories or old stories told in a new way.

Nobody doubts Martha’s love of Puget Sound, expressed by her willingness to spend countless unpaid hours working for a better future.

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