Category Archives: Planning

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.

Martha is the last of the original members of the Leadership Council, which was formed in 2007 under Gov. Chris Gregoire through an act of the Legislature . When Bill Ruckelshaus, the council’s first chairman, resigned in 2010, Martha took over as chairwoman.

The next chairman, taking over next year, will be Jay Manning, former director of the Washington Department of Ecology who was appointed to the Leadership Council in 2013 by Gov. Jay Inslee.

Jay Manning
Jay Manning

In a news release, the governor said, “I appreciate Martha’s leadership on the council and thank her for being part of this incredible effort and organization. We still have so much important work to do, and I know Jay Manning will be a direct, pragmatic and action-oriented leader who will help us accelerate our collective effort to protect and restore Puget Sound.

“Jay also understands the importance of documenting our results to ensure accountability to the people of Washington,” Inslee added. “I look forward to working with him in his new role.”

Jay Manning, a native of South Kitsap, served in the Attorney General’s Office before becoming director of Ecology. He later became chief of staff for Gov. Gregoire. He also has been deeply involved in state climate change and ocean acidification issues.

During yesterday’s meeting, Jay Manning said he knew Martha as an environmental advocate before she joined the Leadership Council, but he came to appreciate her as a charismatic leader able to make personal connections with all kinds of people.

“My admiration has only grown during these past two years,” Jay said, referring to his time as a member of the Leadership Council.

Rob Duff, the governor’s senior policy adviser on natural resources, said one thing he most appreciates about Martha is her reliance on science before advocacy, as demonstrated by her strong deference to the Partnership’s science advisers, known as the Puget Sound Science Panel.

“It is easy to advocate, advocate, advocate and drift from the facts — and there is too much of that going on,” Rob said, adding that it is hard to describe how important Martha has been to the Partnership.

In a letter to Martha, Gov. Inslee recognized that she had put her heart and soul into Puget Sound recovery and preservation for the past decade, working alongside Ruckelshaus and the late Billy Frank Jr., a tribal leader and powerful advocate for salmon, shellfish and other natural resources.

“You’ve never shied away from immersing yourself in the hard issues facing the Sound and have always been there to experience needs firsthand, whether it was swimming the Duwamish or mucking around in shellfish beds and farm manure,” the governor said in his letter to Martha. “Over the past 10 years, your energy and insight have buoyed the Partnership and the broader environmental community, and we have all benefitted immensely from your eloquence, generosity and true talent for building productive relationships, particularly with Indian nations.”

In a letter to the governor, Martha said it had been an honor to serve and help the Partnership advance the critical understanding that “ecosystem recovery and a thriving economy are not antagonistic forces but rather each preconditions for the other.”

Efforts by many “partners” have protected and restored more than 45,000 acres of estuarine and wetland habitats, connected more than 1,000 acres of floodplain habitat, protected 500 acres of prime farmland and increased flood protection for 25 communities.

Meanwhile, as Puget Sound’s Indian tribes contend, “we are losing the battle for salmon recovery, because the rate of habitat loss continues to outpace our restoration efforts,” she said.

Indian tribes signed treaties giving up most of the land that is now Western Washington while reserving their rights to harvest salmon and other natural resources, she continued.

“For those rights to have meaning, there must be salmon to harvest. If salmon are to survive, and if treaty rights are to be honored, there must be real gains in habitat protection and restoration. We are committed to this work, because the rule of law requires it but also because we as a region understand salmon to be a defining feature of our future as well,” she said.

“Some of the outcome trajectories are turning in the right direction; many require a lot more investment,” she said. “But we have in 10 years created a nationally recognized collective governance system that is central to our ability to safeguard these ‘troubled but treasured’ waters going forward.”

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

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

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

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

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

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

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

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

Continue reading

Hood Canal awards honor local efforts to improve ecosystem

Mike Anderson, chairman of the Skokomish Watershed Action Team, and Thom Johnson, a leading expert in the recovery of Hood Canal summer chum salmon, have been named recipients of this year’s Hood Canal Environmental Awards.

Other recipients of the awards, which are sponsored by Hood Canal Coordinating Council, are Shore Friendly Mason and Shore Friendly Kitsap, two programs that actively enlist waterfront property owners in the protection and restoration of their shorelines.

Hood Canal // Photo: Dale Ireland
Hood Canal // Photo: Dale Ireland

I learned this afternoon that the awards ceremony on Nov. 4 will be dedicated to Rich Geiger, the longtime district engineer for Mason Conservation District. Rich, who died unexpectedly on Sept. 22, held the “technical vision” for the restoration of the Skokomish River watershed, according to Mike Anderson. (See Water Ways, Oct. 8.)

Continue reading

Rich Geiger held the ‘restoration vision’ for Skokomish ecosystem

It is hard to imagine the restoration of the Skokomish River ecosystem without the involvement of Rich Geiger, a longtime engineer for Mason Conservation District. Rich had a way of explaining technical aspects of environmental restoration, and he was a tremendous help to me through the years.

Rich Geiger, engineer for Mason Conservation District, explains the dynamics of the Skokomish River in this 2009 file photo. Rich died Sept. 22. Photo: Kitsap Sun
Rich Geiger, engineer for Mason Conservation District who died Sept. 22, explains the dynamics of the Skokomish River in this 2009 file photo. // Photo: Kitsap Sun

Rich, who was 59 years old, died unexpectedly two weeks ago.

I got to know Rich in 2008 and 2009 while working on a series of stories about the Skokomish River. My research involved interviews with members of the Skokomish Tribe, farmers, loggers and longtime residents of the area. For the final story, I talked to Rich about what was wrong with the river and what needed to be done to reduce the flooding and restore the ecosystem. He taught me a lot about river dynamics.

The Skokomish, if you didn’t know, is the largest river in Hood Canal, and it exerts a great influence on the long, narrow waterway with its amazing diversity of habitat.

“Something has bothered me about this river for a long time,” Rich said, as quoted in my story for the Kitsap Sun. “I have been doing a great deal of reading about river systems and sediment transport,” he continued. “To boil it down, the sediment is too heavy to be moved by the depths we think are there in the Skokomish.”

Fast and deep water contains the force to move larger rocks, he told me. Somehow the river was able to move large gravel out of the mountains, but it never made it all the way to Hood Canal. Digging into the gravel bars, Rich found layers of fine sediment wedged between layers of larger rock — evidence that the energy of the river had changed suddenly at various times.

Rich collaborated with engineers from the U.S. Bureau of Reclamation, U.S. Geological Survey and Army Corps of Engineers. Eventually, they came to understand the river well enough to develop a plan for restoration. Throughout the process, Rich was willing to take time to help me understand every aspect of the restoration alternatives. I will always be grateful for his expertise and patience.

in January 2014, the plan was completed and accepted by ranking officials in the Army Corps of Engineers. I called Rich for his reaction to the important milestone.

“We are very glad to be at this point, because we are talking about a physical project moving forward and not just more planning,” he told me. “We asked the Corps to produce a single integrated restoration plan, and they did.” To review a brief summary of the plan, see Water Ways Jan. 26, 2014.

The final plan by the Army Corps of Engineers became incorporated into the Water Resources Development Act, including $19 million proposed for the Skokomish project. The bill was approved, first by the U.S. Senate and then by the House. A few details still need to be worked out, but after years and years of planning, the Skokomish project became virtually assured of funding just a week after Rich died.

Mike Anderson, chairman of the Skokomish Watershed Action Team, said Rich had always been the “brains of the collaborative.”

“Rich was the holder of the technical vision of the watershed restoration,” Mike noted. “He understood how all the different parts of the watershed — from the mountains down to the estuary and beyond — work together.

“When we started out, he acknowledged that he did not know what the answers would be for the valley. One of his great achievements was getting the GI (general investigation) completed and the … support for authorization. He felt rightly proud of completing that difficult study.”

U.S. Rep. Derek Kilmer introduced a statement into the Congressional Record (PDF 9.3 mb) on the last day the House was in session. It includes this observation:

“Mr. Speaker, Richard was not only an environmental advocate and steward, he was also a leader in the community. He excelled at fostering collaboration and consensus among diverse community stakeholders, including private landowners, businesses, Native American Tribes, and local, state, and federal agencies, to achieve common goals.”

Rich was born April 12, 1957, and graduated from Billings Senior High School. He attended Gonzaga University in Spokane, where he became an ROTC Cadet and earned a bachelor’s degree in civil engineering. After graduation, he served as a lieutenant in the Army’s 82nd Airborne Division and advanced to rank of major.

In 1994, he took a job with Mason County Public Works Department, where he held a variety of engineering positions. In 2001, he joined the Mason Conservation District as district engineer.

The family has suggested that memorials be made to the Brain and Behavior Research Foundation, a non-profit organization committed to alleviating the suffering caused by mental illness. The foundation awards grants aimed at making advances and breakthroughs in scientific research.

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.