Category Archives: Pollution and spills

Pesticides and salmon: Can we see a light at the end of the tunnel?

Once again, the National Marine Fisheries Service has determined in official findings that three common pesticides — chlorpyrifos, diazinon and malathion — raise the risk of extinction for threatened and endangered salmon.

A crop duster sprays pesticide on a field near an irrigation ditch.
Photo: NOAA/USFWS

By extension, for the first time, the agency also concluded that those same pesticides threaten Puget Sound’s endangered orca population by putting their prey — chinook and other salmon — at risk.

This politically and legally charged issue — which has been around for more than 15 years — has gone beyond a debate over potential harm from pesticides. It also raises uncomfortable questions about whether our society will follow science as we try to solve environmental problems.

The immediate finding of “jeopardy” — meaning that the three pesticides pose a risk of extinction — comes in a biological opinion (PDF 415.6 mb) that is more than 3,700 pages long and covers not just salmon but, for the first time, dozens of other marine species on the Endangered Species List.

The report follows a scientific methodology for assessing the effects of pesticides that arises from suggestions by the National Academy of Sciences. The NAS report (PDF 14.2 mb) attempted to reconcile differing methods of assessing risk that had been used by the Environmental Protection Agency, the U.S. Fish and Wildlife Service and NMFS.

EPA’s original assessment raised no concerns about the effect of these pesticides on the survival of salmon populations. The original lawsuit by environmental groups forced the EPA to “consult” with NMFS, as required by the Endangered Species Act. The result was the first jeopardy finding in 2008. For background, see Water Ways, Aug. 11, 2008, in which I reported that the long wait for regulatory action on pesticides may be about over. Little did I know.

The biological opinion, or BiOp for short, examines both the direct harms to species exposed to pesticides — such as effects on behavior, reproduction and immune function — as well as indirect effects — such as whether the pesticides wipe out insects needed for the fish to eat.

The new BiOp is considered a pilot study for future pesticide assessments.

“Notably,” states the document, “this Opinion represents the first consultation using newly developed approaches and the first to assess all listed species throughout the U.S., its territories, and protectorates. Future Opinions regarding pesticides may utilize different analyses and approaches as the interagency consultation effort proceeds.”

The next step is for the EPA to restrict the use of the pesticides to reduce the risks for salmon and other species. Among suggested measures, the BiOp says those who use pesticides must limit the total amount of chemicals applied in high-risk areas, such as streams. No-spray buffers or similar alternatives are suggested.

Interim no-spray buffers, established by the courts, will remain in effect until the EPA takes action. The interim buffers were put on, taken off, and are back on as a result of the lengthy court battle between the agencies and environmental groups. Pesticide manufacturers have weighed in, arguing about the need for pesticides without undue restrictions.

The Trump administration asked the court for a two-year delay in the release of the BiOp, but NMFS ultimately met the deadline when the judge failed to rule on the request in time to make a difference.

I discussed some of the ongoing intrigue and a bit of history in a Water Ways post last August, after EPA Administrator Scott Pruitt reversed course on an impending ban on chlorpyrifos. The proposed ban, approved during the Obama administration, came in response to studies that showed how the chemical could adversely affect children’s brains.

Although it took legal action to get to this point, agency and independent scientists have worked together to study the problem and come up with solutions. The question now is whether policymakers and politicians will take reasonable steps to reduce the risks based upon these findings, which are complex, evolving and rarely definitive for all time.

As I was going back through the blog posts I’ve written about pesticides, I recalled that President George W. Bush wanted to limit scientific consultations in an effort to streamline the regulatory process — much as President Trump’s people are doing today. Check out Water Ways from March 4, 2009, which shows a video of President Obama reversing the Bush policy and speaking out for increased input from scientists.

When it comes to human health and the environment, it is good to remember that without the work of scientists, many species throughout the world would have been wiped out long ago. Human cancer, disease and brain impairment would be far worse today without regulations based on scientific findings. Science can tell us about the risk of pesticides and other threats to salmon and orcas. But knowledge is not enough. People must take reasonable actions to protect themselves and the environment. And so the story goes on.

Last week, Earthjustice, which represents environmental groups in the legal battle, released the biological opinion, which had been sent by NOAA as part of the legal case. The group posted links to the document and related information in a news release. As far as I know, nobody in the Trump administration has spoken about the findings.

Offshore drilling plan moves quickly into the political arena

UPDATE: Jan 12

News was breaking yesterday as I completed this blog on offshore oil drilling. I doubt that anyone was surprised by the reaction of outrage that followed Secretary Ryan Zinke’s apparently offhanded and arbitrary decision to exempt Florida from an otherwise all-coast leasing plan.

All U.S. senators from New England states, Democrats and Republicans, signed onto legislation to exempt their states from the drilling plan, while U.S. Rep. David Cicilline, D-RI, says he has unanimous bipartisan support for a similar bill in the House. Now, if they move to include the rest of the East Coast and the West Coast in the bill, they might have enough votes to pass it. (See statement from Rep. David Cicilline.)

Meanwhile, Washington’s Sen. Maria Cantwell, the ranking member of the Energy and Natural Resources Committee, set the stage yesterday for the inevitable lawsuits that will follow if Zinke maintains his present course of action. Cantwell said in a statement that Zinke may have violated the Outer Continental Shelf Lands Act. Others have said that he may have violated the Administrative Procedures Act as well (Washington Examiner).

—–

The Trump administration’s announcement of an open season on offshore oil drilling all around the edges of the United States has put some congressional Republicans on the hot seat during a tough election year.

Opposition to the proposed oil leases along the East Coast is reflected in the negative comments from Republican governors Larry Hogan of Maine, Charlie Baker of Massachusetts, Chris Sununu of New Hampshire, Henry McMaster of South Carolina and Rick Scott of Florida. None want to see drilling anywhere off their shorelines.

“Of course I oppose drilling off of New Hampshire’s coastline,” Gov. Sununu said in a statement made to New Hampshire Public Radio.

Just days after Interior Secretary Ryan Zinke announced his plan to issue leases for oil and gas exploration and development nearly everywhere, he decided to let Florida off the hook — to the relief of Gov. Scott, who is said to be a close friend of the Trump administration.

Zinke’s exemption for Florida was announced in a tweet posted on Twitter, in which he called Scott “a straightforward leader that can be trusted.”

“President Trump has directed me to rebuild our offshore oil and gas program in a manner that supports our national energy policy and also takes into consideration the local and state voice,” Zinke tweeted. “I support the governor’s position that Florida is unique and its coasts are heavily reliant on tourism as an economic driver. As a result of discussion with Governor Scott’s (sic) and his leadership, I am removing Florida from consideration of any new oil and gas platforms.”

It appears that Zinke is admitting that oil and gas development can harm the local tourism industry. Needless to say, the other Republican governors also would like a piece of that “support” from Zinke, as reported in a story by Dan Merica of CNN News.

Meanwhile, on the West Coast, Democratic governors and many members of Congress also oppose the drilling plan — with the exception of Alaska, where Gov. Bill Walker supports expanded drilling anywhere he can get it — even into the Arctic National Wildlife Refuge. I discussed the ANWR drilling proposal in Water Ways on Nov. 16, before approval of the Republican tax bill.

Democrats in Washington state’s congressional delegation are unified in their opposition to offshore drilling, and most of them support legislation that would take the entire matter off the table for good. They are joined in their opposition by Rep. Dave Reichert, a Republican from the Eighth District.

“This moves America in the wrong direction and has the potential to have a negative lasting effect on our oceans as well as the shorelines of states on these coasts,” Reichert said in a statement. “Our country is at the forefront of developing efficient and cost effective alternative energy technologies and we should continue to support innovation in this area.”

Congressional districts in Western Washington.
Graphic: govtrack

Jaime Herrera Beutler, a Republican who represents the Third District — including coastal areas in Southwest Washington — was a little more low-key.

“I don’t support offshore oil and gas exploration in states that don’t want it, and Washington’s citizens have never indicated any desire to have oil and gas activity off their coast,” she said in a Facebook post. “I’m not aware of any active plan to drill off Washington or Oregon, but I will act to protect our citizens and our coast if any such effort does arise.”

Other comments on the plan:

  • Letter in opposition (PDF 974 kb) from 109 U.S. representatives, including Washington’s Suzan DelBene, 1st District; Derek Kilmer, 6th District; Pramila Jayapal, 7th District; Dave Reichert, 8th District; Adam Smith, 9th District; and Denny Heck, 10th District.
  • Letter in opposition (PDF 997 kb) from 37 of the 50 U.S. senators, including Washington’s Patty Murray and Maria Cantwell.
  • Rep. Derek Kilmer, Sixth District: “For decades, Democrats and Republicans have agreed that opening our waters up to drilling would be shortsighted and wrong. Doing so could threaten our fisheries, shellfish growers, tourism, and jobs in other key sectors of our economy.”
  • Sens. Patty Murray and Maria Cantwell: “This draft proposal is an ill-advised effort to circumvent public and scientific input, and we object to sacrificing public trust, community safety, and economic security for the interests of the oil industry.”

With substantial opposition from all sides, the looming question is whether Congress will allow the leasing program to move forward before expiration of the existing five-year plan for offshore drilling (PDF 34 mb), which ends in 2022 and focuses mostly on offshore drilling in the Gulf of Mexico.

While the California Coast remains a key target for oil companies, it is unlikely that we will ever see oil rigs off the Washington Coast, no matter what happens with the leasing program. Oil and gas resources simply aren’t known to be there, according to all published data.

During the 1960s, 10 exploratory wells were drilled with no significant finds off the coast of Washington and Oregon, according to a 1977 report by the U.S. Geological Survey (PDF 10.2 mb). Some 14 other wells were drilled without result offshore near Vancouver Island in Canada. Many more onshore wells have been drilled without major success throughout the region.

In 2008, I explored the idea of offshore drilling in Washington state when the George W. Bush administration attempted to lift the offshore-drilling moratorium.

“We would probably be last, or next to last,” state geologist Ray Lasmanis told me in a story for the Kitsap Sun. “The geology is too broken up, and it does not have the kind of sedimentary basins they have off the coast of California.”

Officials told me at the time that even if oil companies were given free rein, they would not line up to drill off our coast.

“It is important to note that, at least here on the West Coast, that it will take more than lifting the congressional moratorium,” said Tupper Hull, spokesman for the Western States Petroleum Association. “In addition to state and local constraints, a number of marine sanctuaries would restrict development.”

Gov. Jay Inslee, who was a U.S. representative at the time, said offshore drilling was a diversion, because much better alternatives exist on land. Because of climate change, Inslee was pushing Congress to encourage renewable energy sources, as he continues to do today as governor.

“Drilling offshore,” he told me, “is doomed to failure. I’m not opposed to drilling. We accept massive drilling on federal land. But the danger is we’ll get wrapped around the minutia of the drilling issue … and we’re still going to be addicted to oil.”

The latest proposal by the Department of Interior is subject to public hearings, including one scheduled in Tacoma on Feb. 5. Check out the full schedule of 23 hearings.

Other related documents:

Carbon emissions and nitrogen releases alter Puget Sound’s chemistry

Understanding the chemistry of Puget Sound may be as important as understanding the biology. Let me put that another way: Biology as we know it in Puget Sound wouldn’t exist without the right chemistry.

Tiny krill, one of many organisms affected by ocean acidification, demonstrate how water chemistry can affect the entire Puget Sound food web. For example, krill are eaten by herring, which are eaten by Chinook salmon, which are eaten by killer whales.
Photo: Wikimedia Commons

Ocean acidification is altering the chemistry of the oceans on a worldwide scale, but the Pacific Northwest and Puget Sound are being hit with some of the most severe problems, as experts point out in a new report by the Washington State Marine Resources Advisory Council.

For years, I have written about the low-oxygen problems in Hood Canal and other areas of Puget Sound. Of course, oxygen is essential to life as we know it. Major fish kills, in which dead fish float to the surface, have generated a lot of attention. At the same time, it has been harder to report on the animals dying from lack of oxygen when their carcasses are at rest in deep water. And it has been nearly impossible to keep track of the “dead zones” that come and go as conditions change.

It wasn’t until more research was conducted on the effects of ocean acidification that researchers realized that low-oxygen conditions — which were bad enough — had a dangerous companion called low pH — the increased acidity that we are talking about. Low pH can affect the growth and even the survival of organisms that build shells of calcium, including a variety of tiny organisms that play key roles in the food web.

As the oceans absorb carbon dioxide from the air, we see an increase in carbonic acid in the water, which has an effect on the ability of organisms to take up calcium carbonate. For a more complete explanation, check out “What is aragonite saturation?” on page 17 of the report.

Increased acidification is a special problem for Washington and the West Coast of North America, where deep acidified water in the Pacific Ocean hits the coast and rises to the surface.

“By accident of geography, we have this upwelling that … forces us into dealing with ocean acidification before almost anywhere else on the planet,” said Jay Manning, chairman of the Puget Sound Leadership Council. “I don’t believe I’m exaggerating when I say that Washington is leading the world in terms of science and monitoring…”

Jay, who serves on the Marine Resources Advisory Council, was quoted in a story I wrote for the Puget Sound Institute, later republished by the Kitsap Sun. The story describes some of the problems resulting from ocean acidification in Puget Sound, where an entirely different mechanism connects ocean acidification closely to low-oxygen conditions.

Researchers have concluded that an excessive growth of plankton in Puget Sound can be triggered, in part, by the release of nutrients from sewage treatment plants, septic systems and the heavy use of fertilizers. When plankton die and decay, bacteria use up oxygen while releasing carbon dioxide, thus increasing acidification.

Although the details still need to be sorted out, it is clear that some creatures are more sensitive than others to low oxygen, while low pH also affects animals in different ways. This “double whammy” of low oxygen and low pH increases the risks to the entire food web, without even considering the added threats of higher temperatures and toxic pollution.

Ongoing actions emphasized in the new report fall into six categories:

  • Reduce carbon emissions
  • Cut back on nutrient releases into the water
  • Improve adaptation strategies to reduce the harmful effects of ocean acidification
  • Invest in monitoring and scientific investigations
  • Inform, educate and engage Washington residents and key decision makers
  • Maintain a coordinated focus on all aspects of ocean acidification

“The updated report reinforces our federal, state and tribal partnership to combat ocean acidification by working together, modifying and expanding on approaches we have developed through ongoing research,” said Libby Jewett, director of NOAA’s Ocean Acidification Program in a news release (PDF 166 kb).

“For instance,” she continued, “in the new plan, scientists in the state of Washington will be asked not only to test hands-on remediation options which involve cultivating kelp as a way to remove carbon dioxide from local waters but also to explore how to move this seaweed into land agriculture as a way of recycling it.”

I thought Martha Kongsgaard, chairwoman of the MRAC, said it well in an introduction to the report (PDF 39 kb):

“Global and local carbon dioxide emissions, as well as local nutrient sources beyond natural levels, are significantly altering seawater chemistry. We are the cause for the rapid accumulation of 30 to 50 percent of the enriched CO2 in surface waters in Puget Sound and 20 percent of enriched CO2 in deep waters off our shores. Washingtonians understand what is so dramatically at stake. We are not standing by waiting for someone else to inform or rescue us.”

Amusing Monday: Animations describe stormwater problems

Contaminated stormwater has been identified as the greatest threat to Puget Sound water quality, and state and federal governments are addressing the stormwater problem in numerous ways.

The animated videos on this page are part of an educational program established as part of the “Puget Sound Starts Here” outreach. This past summer, these videos were posted on YouTube as part of a school curriculum called “Drain Rangers.”

I spotted the videos this past week while working on a blog post about how well local governments in the Puget Sound region are embracing stormwater regulations mandated by state and federal permits. See “Stormwater Report …,” Water Ways, Dec. 15.

The first video on this page is a general introduction to the stormwater problem, based on the idea that it takes 15 minutes for pollution to reach a river. Two videos in the series are similar, although one includes more solutions. I’ve chosen the longer one, called “Video Two.” The third video discusses some basic solutions, while the last goes into more advanced treatments. Others can be found on the Drain Rangers Channel on YouTube.

The story of how “Drain Rangers” became a full-fledged elementary school curriculum is explained in a paper written by Pacific Education Institute (PDF 15.1 mb). Outlines of the school programs can be found on the Puget Sound Starts Here website.

“Polluted stormwater runoff is one of many environmental problems our students will face,” the paper states. “By equipping our students at a young age with the problem-solving tools of the engineer and the verbal and written skills of an effective communicator, we are preparing these students to solve the difficult and challenging environmental issues that affect our present and our future.”

The lessons are designed to meet state requirements for science, literacy and other educational standards. The curriculum addresses the problem of pollution as well as solutions.

“This curriculum introduces students to a problem-solving model where they think like an engineer and explore ways to solve the problem of polluted stormwater runoff,” according to the final report (PDF 965 kb) on the project funded by the Washington Department of Ecology.

According to the report, the grant project produced 15 teacher trainings, pilot projects in nine schools, four videos, six illustrations, 13 facts sheets and five posters. At least 34 schools signed up to implement the curriculum during the current school year, with about 70 schools expected to participate in 2018-19.

Stormwater report urges cities and counties to get up to speed on rules

In Kitsap County, stormwater has been a major issue — and the subject of ongoing newspaper stories — for a very long time.

As a local reporter working for the Kitsap Sun, I followed the prolonged struggle among engineers, developers, planners and environmentalists to approve new rules for reducing toxic runoff washing into Puget Sound. After the legal battles were over, local governments were called on to update their stormwater codes, and many key provisions went into effect last year.

Click for a PDF (1.7 mb) version of “Nature’s Scorecard.”

It was with some surprise that I read a new report called “Nature’s Scorecard,” which reveals that more than half of the 81 cities and counties around Puget Sound have failed to follow through in a meaningful way to encourage low-impact development, which is required by state rules. Low-impact development, or LID, involves techniques that filter rainwater into the ground as close to the source as possible.

According to the report, 15 percent of the local governments failed to update their codes, and an additional 38 percent made only minor changes. Out of 81 local governments, 20 were forced to file a “notice of noncompliance” admitting they had not met the new standards.

The scorecard is a joint effort by two environmental groups involved in water quality, Washington Environmental Council and Puget Soundkeeper Alliance. It was nice to know that the authors of the report contacted local officials in advance where deficiencies were noted. Some officials offered explanations, and others moved quickly to fix the deficiencies, according to Mindy Roberts of WEC.

Mindy told me that she hopes the scorecard and discussions with local officials will result in LID improvements without going to court.

The scorecard also calls out municipalities that have done exceptionally well on the LID front. Named as “green star leaders” for going beyond the minimal standards are Kitsap County and the cities of Lacey, Oak Harbor, Olympia, Port Orchard, Renton, Seattle and Tacoma. See the news release on WEC’s website.

The softer approach also paid off in Fife, where stormwater officials apparently were not aware of the state requirement to make LID the primary method of stormwater management, Mindy said. After city officials were contacted, they jumped into action and now have a code that will reduce stormwater pollution.

Stormwater officials in Mountlake Terrace were on schedule to meet the state mandate, Mindy said. But the City Council, under pressure from developers, failed to pass the code language when it was presented to them. Now city officials are again working to come into compliance, she noted.

The website for “Nature’s Scorecard” includes information about the impacts of stormwater, the need for LID regulations and the status of various cities and counties. Scores in the report come from compliance with five key LID strategies: reducing impervious surfaces, protecting native vegetation and soils, supporting pervious pavement, planting native vegetation, and protecting natural buffers along streams, wetlands and shorelines.

Puget Sound residents are encouraged to review the report’s findings and support their elected officials in the implementation of LID to protect Puget Sound. Contact information for city and county stormwater officials is provided for each listed municipality.

One of the reasons that Kitsap County is a leader in stormwater management is the support from residents of unincorporated areas. Each property owner pays an annual fee to monitor water quality, assess pollution problems, develop appropriate solutions and construct regional stormwater systems in already-developed areas. Anyone can review the current five-year stormwater capital plan (PDF 1 mb).

The Kitsap County commissioners recently approved new stormwater fees for the coming years. It was interesting to hear the testimony of supporters at the meeting. Check out the video (above), beginning at 25:09 minutes. A fact sheet on the fees (PDF 1.6 mb) can be found on the county’s website.

Like Kitsap County, the city of Auburn has fully embraced stormwater management to address flooding and reduce pollution. Information, including an in-depth comprehensive storm drainage plan, can be found on the city’s Storm Drainage website.

At the national level, Kitsap County and Auburn received awards last year from the Water Environment Federation Stormwater Institute, which promotes innovative stormwater solutions. They were among six award winners nationwide for both large and small municipalities that go beyond regulations. Auburn was recognized for its stormwater innovation, while Kitsap was recognized for its management. See the news release from WEF.

Other related information:

  • “What makes stormwater toxic?”: The dangers of road runoff and possible solutions are examined in an in-depth story by reporter Eric Wagner. The piece was published Dec. 4 in the Encyclopedia of Puget Sound.
  • U.S. Government Accountability Office (PDF 4.7 mb): In a survey of 31 municipalities, the GAO found that green infrastructure — another term for LID — was more challenging than traditional pipes and ponds. GAO learned that collaboration among nearby governments is important and should be supported through documented agreements.
  • Kitsap County’s news release on Nature’s Scorecard: “A low-impact development approach allows us to work with the rain, rather than against it,” said Kitsap County Commissioner Charlotte Garrido. “This approach protects, restores, conserves, and reclaims our water — and this scorecard helps us know exactly where we stand in our region.”
  • “Are you planning for LID?”: Association of Washington Cities provides information resources and videos.
  • Building Industry Association of Washington: BIAW offers information on specific LID techniques, manuals and guidelines, technical articles and reports, and links to government requirements.

Plan to drill for oil is one step closer for Arctic National Wildlife Refuge

A 40-year tug of war between oil wells and caribou in Alaska’s Arctic National Wildlife Refuge could soon end with active drilling in one of the most fragile ecosystems in the world.

Sen. Bernie Sanders, I-Vermont, argues that the focus should be on climate change, not more oil.
Photo: Congressional video

The Senate Committee on Energy and Natural Resources endorsed legislation yesterday that would require the federal government to sell leases for at least 800,000 acres of land over the next decade. The measure, which divided Republicans and Democrats in the committee, could pass the full Senate with a 50-percent vote as part of a budget bill.

The committee discussion, shown in the video on this page, was quite revealing, as Democrats offered amendments to the Republican legislation. The hearing begins 24:05 minutes into the video.

The committee chairwoman, Sen. Lisa Murkowski, a Republican from Alaska, said developing oil wells in the northern part of ANWR was always the intent of the 1980 law that expanded the wildlife refuge. The drilling could generate more than $1 billion in federal revenues over the first 10 years, according to the Congressional Budget Office.

Murkowski said oil development will create thousands of good jobs, keep energy affordable, reduce foreign oil imports and ensure national security. Drilling is supported by Alaskans of all political persuasions, including most public officials, she said.

Murkowski insisted again and again that the environment would be protected during any future oil production. No environmental laws would be waived, she said, and new oil-drilling technology will allow a much smaller footprint of development than in previous drilling projects in Alaska.

Democrats, led by Washington Sen. Maria Cantwell, the ranking Democrat on the committee, voiced indignation over the language in the legislation as well as the idea of drilling in a wildlife refuge.

Even though the legislation leaves the door open for environmental reviews — including an assessment of harm to endangered species — it clearly mandates drilling, regardless of the damage to any species or their habitats, the Democrats maintained. Attorneys for the committee concurred in that assessment.

In fact, the new legislation would the alter the original law that created the wildlife refuge by adding a new purpose: oil production in the 1.5-million-acre northern region, known as the 1002 Area. Leased areas would essentially become a petroleum preserve, governed by the National Petroleum Reserve Act.

“The purpose of the refuge was to protect the wildlife that live there,” Cantwell said. “You are taking a wildlife refuge and turning it on its ear.”

If approved, the legislation would remove lands to be developed from the jurisdiction of the U.S. Fish and Wildlife Service and put them under the Bureau of Land Management.

Cantwell mentioned a letter signed by 37 scientists familiar with ANWR who objected to oil exploration and development in the refuge. They raised concerns for the wildlife that occupy the coastal plain where drilling is proposed.

“Decades of biological study and scientific research within the Arctic Refuge have confirmed that the coastal plain specifically is vital to the biological diversity of the entire refuge,” the letter says. “In fact, according to the U.S. Fish and Wildlife Service, the Arctic Refuge coastal plain contains the greatest wildlife diversity of any protected area above the Arctic Circle.”

Included in that diversity, the letter says, are “polar bears, grizzly bears, wolves, wolverines, caribou, muskoxen, Dolly Varden char, Arctic grayling, and many species of migratory birds.”

Cantwell also discussed a letter written by primate expert Jane Goodall that was sent to every U.S senator. The letter begs the senators to “demonstrate your commitment to the natural world and to future generations and stand with me to protect the Arctic National Wildlife Refuge.”

Other Democratic and Independent senators on the committee also spoke out forcefully against the measure.

Sen. Bernie Sanders, I-Vermont, raised the issue of climate change and the hundreds of billions of dollars that the U.S. must spend because of more intense storms and hurricanes. In that context, the $1 billion to be raised from ANWR is insignificant, he said.

“I think that our children and our grandchildren are going to look back on meetings and markups like this, and they are really going to be shaking their heads and asking, ‘What world was the United States Senate living in when … responsible people were talking about more exploration for fossil fuels and not addressing the planetary crisis of climate change?’

“What this committee should be doing, working with people all over the world, is saying, ‘How do we transform our energy system away from fossil fuels, away from coal, oil and gas to sustainable energy?’” he added.

Sanders’ comments come at 2:02:38 in the video.

“This isn’t BLM land,” said Sen. Martin Heinrich, D-New Mexico, offering an amendment to protect wildlife. “This is a national wildlife refuge. … Does wildlife come first? You would think so from the name. But if we don’t make this change to the legislation, what we are saying is that oil and gas development comes first. That is a very, very dangerous precedent to make.”

Heinrich’s comments come at 2:17:30 in the video.

Information about the legislation can be found on the website of the Senate Committee on Energy and Natural Resources.

Puget Sound freshens up with a little help from winter snowpack

In the latest “Eyes Over Puget Sound” report, one little note caught my attention: “Puget Sound is fresher than it’s ever been the past 17 years.”

Jellyfish are largely missing this fall from Puget Sound. Some patches of red-brown algae, such as this one in Sinclair Inlet, have been observed.
Photo: Washington Department of Ecology

At least temporarily, something has changed in the waters of Puget Sound over the past few months. It may not last, but it appears to be a good thing.

The monthly EOPS report, compiled by a team of state environmental experts, lays out recent water-quality data for the Department of Ecology. The report also includes personal observations, aerial photographs and scientific interpretations that keep readers abreast of recent conditions while putting things in historical context.

The “fresh” conditions called out in the report refers to the salinity of Puget Sound, which is driven largely by the freshwater streams flowing into the waterway. The reference to 17 years is a recognition that the overall salinity hasn’t been this low since the current program started 17 years ago.

Dissolved oxygen, essential to animals throughout the food web, was higher this fall than we’ve seen in some time. Hood Canal, which I’ve watched closely for years, didn’t come close to the conditions that have led to massive fish kills in the past. The only problem areas for low oxygen were in South Puget Sound.

Water temperatures in the Sound, which had been warmer than normal through 2015 and 2016, returned to more average conditions in 2017. Those temperatures were related, in part, to the warm ocean conditions off the coast, often referred to as “the blob.” In South Puget Sound, waters remained warm into October.

Why is the water fresher this fall than it has been in a long time? The reason can be attributed to the massive snowpack accumulated last winter, according to oceanographer Christopher Krembs, who leads the EOPS analysis. That snowpack provided freshwater this past spring, although rivers slowed significantly during the dry summer and continued into September.

“We had a really good snowpack with much more freshwater flowing in,” Christopher told me, adding that the Fraser River in southern British Columbia was well above average in July before the flows dropped off rapidly. The Fraser River feeds a lot of freshwater into northern Puget Sound.

Freshwater, which is less dense than seawater, creates a surface layer as it comes into Puget Sound and floats on top of the older, saltier water. The freshwater input fuels the circulation by generally pushing out toward the ocean, while the heavier saltwater generally moves farther into Puget Sound.

“The big gorilla is the upwelling system,” Christopher noted, referring to the rate at which deep, nutrient-rich and low-oxygen waters are churned up along the coast and distributed into the Puget Sound via the Strait of Juan de Fuca. Lately, that system has been turned down to low as a result of larger forces in the ocean.

In an advisory issued today (PDF 803 kb), NOAA’s Climate Prediction Center says a weak La Niña is likely to continue through the winter. For the northern states across the country, that usually means below-average temperatures and above-average precipitation. (It’s just the opposite for the southern states.)

With a favorable snowpack already accumulating in the mountains, experts can’t help but wonder if we might repeat this year’s conditions in Puget Sound over the next year.

Christopher told me that during aerial flights this fall, he has observed fewer jellyfish and blooms of Noctiluca (a plankton known to turn the waters orange) than during the past two years. Most people think this is a good thing, since these organisms prevail in poor conditions. Such species also have a reputation as a “dead end” in the food web, since they are eaten by very few animals.

Christopher said he noticed a lot of “bait balls,” which are large schools of small fish that can feed salmon, birds and a variety of creatures. “I assume most of them are anchovies,” he said of the schooling fish.

I would trade a jellyfish to get an anchovy on any day of the year.

Toxic flame retardants gain attention of U.S. consumer commission

Ongoing studies into flame retardant chemicals have raised a serious question: Are ANY of the polybrominated or polychlorinated flame retardants safe enough to be used in household products?

It’s a question I’ve been asking for several years while writing about these chemicals, many of which are known to disrupt hormonal functions in humans and animals. Among them are the familiar polybrominated diphenyl ethers, or PBDEs.

Now the U.S. Consumer Product Safety Commission is weighing in on the question by proposing new regulations that would ban this entire class of chemicals containing bromine or chlorine — now referred to as nonpolymeric organohalogen flame retardants. If these regulations are eventually adopted, they would prohibit the use of organohalogens in four types of products:

  • Any children’s product, including toys and baby furniture, except for car seats,
  • Any type of seat cushion or upholstered furniture,
  • Any mattress or mattress pad, and
  • Any plastic case containing an electronic device, including computers and televisions.

Banning an entire class of chemicals is a fairly radical step, because each chemical in this large group of compounds has its own toxicity profile. Even the staff of the Consumer Product Safety Commission recommended against such a broad regulation. If you are up for some dense reading on the subject, check out the 535-page briefing report (PDF 78.7 mb) or just read the summary in National Law Review.

Despite the opposition by CPSC staff, three out of five commissioners were convinced of the dangers imposed by this broad class of chemicals. They voted, 3-2, to move ahead with a total ban. Convincing documents included a petition for rulemaking (PDF 63 mb) from 12 diverse groups, ranging from the American Academy of Pediatrics to the International Association of Fire Fighters to Consumers Union. The commission also heard formal testimony from these groups and many others. (Review the videos on this page.)

“It is imperative that CPSC’s regulation cover all organohalogen flame retardants as a class when used in consumer products,” states the petition. “This class of chemicals is foreign to the mammalian body and inherently toxic, due to its physical, chemical and biological properties.

“Industry has historically responded to the dangers posed by one organohalogen flame retardant by replacing it with one or more other organohalogens that are, by virtue of their chemical properties, also harmful,” the petition continues. “This exposes consumers to a series of ‘regrettable substitutions’ from one harmful flame retardant to another… The way to end this cycle of toxicity is to ban all products in the categories at issue here if they contain any organohalogen flame retardant.”

A total ban was ultimately the position taken by the commission, although formal rulemaking will take time and may not come to pass. At least two commissioners asked on several occasions if even one of these flame retardants has been proven safe. They never received an answer that satisfied them.

After the vote, Commissioner Elliott Kaye, an attorney, issued a strongly worded written statement (PDF 262 kb): to explain why he agreed to take such a strong action.

“As a policymaker and, more importantly, as a parent, I am horrified and outraged at how chemicals are addressed in this country,” he said. “It is completely irrational that we wait for children to be poisoned before the government is allowed to step in.

“Rational and thoughtful public policy in this area would involve the government and industry coming together to agree which chemicals are safe for human exposure, especially for pregnant women and children, and which ones are not. And more importantly, rational and thoughtful public policy would have these assessments occur before these chemicals are permitted to come onto the market. Waiting to assess the safety of chemicals after they are already in consumers’ homes and our children’s bloodstreams is totally irrational public policy.”

Commissioner Robert Adler, an attorney, seemed to be troubled that he went against the commission’s staff, and he wanted to explain his position.

“As a starting point, let me say that I have little serious disagreement with staff on the science aspect of the issues,” he said in a written statement (PDF 136 kb). “To the extent that there was disagreement, it was over the legal and policy issues arising from the science.

“I note that a large part of the staff’s recommendation rested on their misgivings about treating OFRs as a broad class of chemicals given OFRs’ differing levels of toxicity and exposure to which consumers are subject. I grant staff’s point about the differing levels of toxicity for these flame retardants. But what I have not heard from staff, nor from any of the witnesses at our hearings, is credible evidence demonstrating that there are any ‘safe’ organohalogen flame retardants.”

He said all the chemicals in the class seem to have common characteristics. For example, they pass into cells freely, do not metabolize easily, inhibit a cell’s defense system, bioaccumulate in the tissues and cause harm that can be linked to the chemical structure.

“There are certainly a number of OFRs where we have no studies to provide us with proof of harm, but years of experience confirm that every time we get sufficient data to evaluate the risk of harm of any specific OFR, we always find it to be so toxic that we start to remove it from our products. In other words, the more evidence that accumulates, the stronger we see the case against the use of these chemicals.”

As part of the coming regulatory process, the Consumer Product Safety Commission agreed to convene a chronic hazard advisory panel to assess the risks of flame retardants, drawing on all available information.

Meanwhile, the commission also issued a “guidance document” that calls on manufacturers, distributors and retailers to voluntary ensure that their products do not contain added flame retardants. Consumers, especially those who are pregnant or have young children, are advised to make sure products they purchase are free of such chemicals.

While the commission appears to be moving on a course of tough action, the regulatory process can be long and filled with potential delays. In fact, through normal appointments of commission members, President Trump will be able to change the direction of the commission over the next four years if he so chooses.

Commissioner Anne Marie Buerkle, whose term was extended by seven years in February when Trump named her to chair the commission, does not support the commission’s decision on flame retardants.

“My Democrat colleagues claim that there is ‘overwhelming scientific evidence’ of toxicity across the class; indeed, we heard witnesses at our hearing last week maintain that every organohalogen that has been adequately studied has been found to cause adverse effects,” Buerkle said in a statement (PDF 626 kb). “Even if that claim is accepted at face value, do all such adverse effects result from prevailing exposures? We know that substances as benign as oxygen and water — two of the most essential requirements for human existence — can cause death when too much is inhaled or imbibed. Is there something exceptional about organohalogens such that the dose becomes unimportant?”

Buerkle said she supports formation of a chronic hazard advisory panel, but she believes the results should be available to the commission before moving forward with regulations.

As for chemical manufacturers, it appears that they are not going down without a fight over flame retardants. A statement from the American Chemistry Council (PDF 86 kb), which represents the industry, says it will inform manufacturers and other businesses that the commission’s action has no binding effect.

“The value chain should feel confident that they can continue to use these chemistries in certain applications consistent with existing national and international regulations while CPSC conducts its further analysis of these substances,” says the statement.

Environmental and consumer groups say they will push retailers not to sell products with flame retardants, and “Consumer Reports” magazine offers recommendations about how people can avoid toxic flame retardants.

Meanwhile, Washington is among a growing number of states that have banned certain flame retardants. Based on findings from the state Department of Ecology, the Legislature approve a ban on the worst chemicals in 2008, followed by others last year. See Ecology’s webpage on the PBT Initiative.

For further reading, here are some stories from the Encyclopedia of Puget Sound:

Facing the possibility of extinction for the killer whales of Puget Sound

Southern Resident killer whales, cherished by many Puget Sound residents, are on a course headed for extinction, and they could enter a death spiral in the not-so-distant future.

It is time that people face this harsh reality, Ken Balcomb told me, as we discussed the latest death among the three pods of orcas. A 2-year-old male orca designated J-52 and known as Sonic died tragically about two weeks ago.

Two-year-old J-52, known as Sonic, swims with his mother J-36, or Alki, on Sept. 15. This may have been the last day Sonic was seen alive.
Photo: Ken Balcomb, Center for Whale Research

The young orca was last seen in emaciated condition, barely surfacing and hanging onto life near the entrance to the Strait of Juan de Fuca on Sept. 15. Ken, director of the Center for Whale Research, said the young whale was attended to by his mother Alki, or J-36, along with a male orca, L-85, known as Mystery — who may have been Sonic’s father, but more about that later.

Extinction, Ken told me, is “very real” — not some ploy to obtain research dollars. The population of endangered Southern Residents has now dropped to 76 — the lowest level since 1984. Most experts agree that a shortage of chinook salmon — the primary prey of the orcas — is the greatest problem facing the whales.

Last week, the Leadership Council — the governing body of the Puget Sound Partnership — discussed what role the partnership should play to “accelerate and amplify efforts” to restore chinook salmon runs and save the orcas. Chinook themselves are listed as a threatened species.

Graph: Center for Biological Diversity

Puget Sound Partnership is charged by the Legislature with coordinating the restoration of Puget Sound, including the recovery of fish and wildlife populations.

The Leadership Council delayed action on a formal resolution (PDF 149 kb) in order to allow its staff time to identify specific actions that could be taken. Although the resolution contains the right language, it is not enough for the council to merely show support for an idea, said Council Chairman Jay Manning.

Sonic was one of the whales born during the much-acclaimed “baby boom” from late 2014 through 2015. With his death, three of the six whales born in J pod during that period have now died. No new calves have been born in any of the Southern Resident pods in nearly a year.

Meanwhile, two orca moms — 23-year-old Polaris (J-28) and 42-year-old Samish (J-14) — died near the end of 2016. Those deaths were followed by the loss of Granny (J-2), the J-pod matriarch said to have lived more than a century. Another death was that of Doublestuf, an 18-year-old male who died last December.

Three orcas were born in L pod during the baby boom, and none of those whales has been reported missing so far.

Ken believes he witnessed the final hours of life for young Sonic, who was lethargic and barely surfacing as the sun set on the evening of Sept. 15. Two adults — Sonic’s mother and Mystery — were the only orcas present, while the rest of J pod foraged about five miles away.

Sonic seen with his mother in June.
Photo: Ken Balcomb, Center for Whale Research

That was the last time anyone saw Sonic, although his mother Alki as well as Mystery were back with J pod during the next observation four days later. Ken reported that Alki seemed distressed, as often happens when a mother loses an offspring.

Ken admits that he is speculating when he says that Mystery may have been Sonic’s father. It makes for a good story, but there could be other reasons why the older male stayed with the mother and calf. Still, researchers are engaged in studies that point to the idea that mature killer whales may actually choose a mate rather than engaging in random encounters. I’m looking forward to the upcoming report.

I must admit that this issue of extinction has been creeping up on me, and it’s not something that anyone wants to face. Food is the big issue, and chinook salmon have been in short supply of late. It will be worth watching as the whales forage on chum salmon, as they are known to do in the fall months.

“This population cannot survive without food year-round,” Ken wrote in a news release. “Individuals metabolize their toxic blubber and body fats when they do not get enough to eat to sustain their bodies and their babies. Your diet doctor can advise you about that.

“All indications (population number, foraging spread, days of occurrence in the Salish Sea, body condition, and live birth rate/neonate survival) are pointing toward a predator population that is prey-limited and nonviable,” he added.

The Center for Biological Diversity, which was involved in the initial lawsuit that led to the endangered listing for the whales, is calling upon the NOAA’s National Marine Fisheries Service to move quickly to protect orca habitat along the coasts of Washington, Oregon and California. Currently designated critical habitat is limited to Puget Sound, even though the whales are known to roam widely along the coast.

“The death of another killer whale puts this iconic population on a dangerous path toward extinction,” Catherine Kilduff of CBD said in a news release. “If these whales are going to survive, we need to move quickly. Five years from now, it may be too late.”

How fast the whales will go extinct is hard to determine, experts say, but the current population is headed downward at an alarming rate, no matter how one analyzes the problem.

“I would say we are already in a very dangerous situation,” said Lance Barrett-Lennard, senior marine mammal researcher at the Vancouver Aquarium. “If this trajectory continues and we lose two or three more from deaths or unsuccessful birth, we will be in a real spiral,” he told reporter Richard Watts of the Times Colonist in Victoria, B.C.

A five-year status review (PDF 4.3 mb), completed last December by NMFS, takes into account the number of reproductive males and females among the Southern Residents, the reproductive rates, and the ratio of female to male births (more males are being born). As the population declines, the risk of inbreeding — and even more reproductive problems — can result.

Eric Ward of NOAA, who helped write the status report, said the agency often estimates an extinction risk for endangered populations, but the actual number of Southern Residents is too small to produce a reliable number. Too many things can happen to speed up the race toward extinction, but it is clear that the population will continue to decline unless something changes.

As Ken describes it in simple terms, Southern Resident females should be capable of producing an offspring every three years. With 27 reproductive females, we should be seeing nine new babies each year. In reality, the average female produces one offspring every nine years, which is just three per year for all three pods. That is not enough to keep up with the death rate in recent years. To make things worse, reproductive females have been dying long before their time — and before they can help boost the population.

Experts talk about “quasi-extinction,” a future time when the number of Southern Residents reaches perhaps 30 animals, at which point the population is too small to recover no matter what happens. Some say the population is now on the edge of a death spiral, which may require heroic actions to push the population back onto a recovery course.

As described in the five-year status review, prey shortage is not the only problem confronting the Southern Residents. The animals are known to contain high levels of toxic chemicals, which can affect their immune systems and overall health as well as their reproductive rates. Vessel noise can make it harder for them to find fish to eat. On top of those problems is the constant threat of a major oil spill, which could kill enough orcas to take the population down to a nonviable number.

The graph shows the probability that the Southern Resident population will fall below a given number (N) after 100 years. Falling below 30 animals is considered quasi-extinction. The blue line shows recent conditions. Lines to the left show low chinook abundance, and lines to the right show higher abundance.
Graphic: Lacy report, Raincoast Conservation Foundation

Despite the uncertainties, Robert Lacey of Chicago Zoological Society and his associates calculated in 2015 that under recent conditions the Southern Resident population faces a 9 percent chance of falling to the quasi-extinction level within 100 years. Worsening conditions could send that rate into a tailspin. See report for Raincoast Conservation Foundation.

What I found most informative was how the probability of extinction changes dramatically with food supply. (See the second graph on this page.) A 10 percent decline in chinook salmon raises the quasi-extinction risk from 9 percent to 73 percent, and a 20 percent decline raises the risk to more than 99 percent.

On the other hand, if chinook numbers can be increased by 20 percent, the whales would increase their population at a rate that would ensure the population’s survival, all other things being equal. Two additional lines on the graph represent a gradual decline of chinook as a result of climate change over the next 100 years — a condition that also poses dangerous risks to the orca population.

The close links between food supply and reproductive success are explored in a story I wrote last year for the Encyclopedia of Puget Sound.

At last Wednesday’s Puget Sound Leadership Council meeting, members discussed a letter from the Strait (of Juan de Fuca) Ecosystem Recovery Network (PDF 146 kb) that called on the Puget Sound Partnership to become engaged in salmon recovery efforts outside of Puget Sound — namely the Klamath, Fraser and Columbia/Snake river basins.

“Such collaborative efforts must be done for the benefit of both the SRKW and chinook fish populations, without losing sight of the continuing need to maintain and improve the genetic diversity of these fish populations …” states the letter.

A separate letter from the Puget Sound Salmon Recovery Council (PDF 395 kb) also asks the Puget Sound Partnership to become more engaged in orca recovery. The group is calling on the partnership to support salmon recovery statewide, “relying on each region to identify strategies to restore robust salmon runs.”

Rein Attemann of Washington Environmental Council said salmon on the Columbia and Snake rivers, as well as he Fraser River in British Columbia, are “vitally important” to the recovery of the Southern Resident killer whales, and Puget Sound efforts should be coordinated with other programs.

Jim Waddell, a retired civil engineer with the Army Corps of Engineers, spoke forcefully about the need to save chinook salmon and the Southern Residents, starting by tearing down dams on the Snake River.

“We are out of time,” Waddell said. “The Corps of Engineers have it within their power to begin breaching the dams within months…. The orcas cannot survive without those chinook.”

An environmental impact statement on chinook recovery includes the option of breaching the dams, something that could be pushed forward quickly, he said.

“Breaching the Snake River dams is the only possibility of recovery,” Waddell said. “There is nothing left.”

Stephanie Solien, a member of the Leadership Council, said speaking up for orcas in the fashion proposed is not something the council has done before, but “we do have a responsibility to these amazing animals and to the chinook and to the tribes.”

The council should work out a strategy of action before moving forward, she added, but “we better get to moving on it.”

Puget Sound Partnership may confront net pen controversy

Puget Sound Partnership may take a stand on whether fish farms should be allowed to remain in Puget Sound waters.

The partnership is charged by the Legislature to oversee the restoration of the Puget Sound ecosystem. On Wednesday, the partnership’s governing body, the Puget Sound Leadership Council, received an update on last month’s collapse of a net pen containing 305,000 Atlantic salmon near Cypress Island in northern Puget Sound.

About two-thirds of the escaped fish have been accounted for so far, with about 146,000 found dead or alive in the damaged net pen and about 55,000 caught by fishermen. (All but about 5,000 of those were caught by tribal fishers in Puget Sound.)

This video, taken by a private party and released by state agencies, shows the collapse of the Cypress Island net pens on Aug. 19

About 100,000 Atlantic salmon apparently escaped and have not been caught by people, although most of those probably were eaten by predators, experts say. Officials continue their efforts to figure out where any remaining fish have gone, specifically any that swam up into the streams, according to Amy Windrope of the Washington Department of Fish and Wildlife.

The Atlantic salmon, an exotic species in Puget Sound, don’t appear to be eating anything, let alone young native salmon, Windrope said, and there is not much concern that they will breed with native fish. The greatest concern is that they might somehow disrupt the spawning behavior of native salmon, whose populations are already stressed by adverse conditions in both marine and fresh water.

The Atlantic salmon appeared to be healthy and free of parasites at the time of the release, she said, but they became less and less healthy as starvation set in.

In addition to Windrope, the presentation to the Leadership Council included reports from representatives of the state Department of Natural Resources, which leases the seabed where the pens are located, and the Department of Ecology, which issues permits under water-quality laws.

Puget Sound tribes are about to release a position statement opposing salmon farms in Puget Sound, said Russell Hepfer, a member of the Leadership Council and vice chairman of the Lower Elwha Klallam Tribal Council. He did not elaborate, except to say that the non-native fish don’t belong here.

According to Windrope, the tribes see Atlantic salmon as weeds in the garden of Puget Sound. Such cultural viewpoints should be taken into account in the overall discussion, she added.

Soon after the Cypress Island net pen collapse, Washington Gov. Jay Inslee and Public Lands Commissioner Hilary Franz issued a moratorium blocking further net pen approvals until an investigation is complete.

Maradel Gale, a resident of Bainbridge Island, addressed the Leadership Council at Wednesday’s meeting near Port Gamble, saying the Bainbridge Island City Council has effectively limited the expansion of net pens at the south end of the island and would like to get rid of net pens altogether.

She said Cooke Aquaculture, which owns all the net pens at four locations in Puget Sound, receives the benefits of using the public waterways and placing the ecosystem in peril while taking very little risk upon itself.

Dennis McLerran, a member of the Leadership Council who has worked for various environmental agencies, said Washington state law has long provided a preference for aquaculture over many other shoreline uses. Like it or not, he said, those preference are “baked into state policies” that direct state agencies to support aquaculture, including salmon farms.

“That is where the Leadership Council should have some discussion,” McLerran said. “Are those preferences in state law appropriate?”

The state of Alaska prohibits salmon farms, while California’s complex regulations allow them only under specific conditions related to water supplies, said Kessina Lee of Ecology.

Jay Manning, chairman of the Leadership Council and former director of the Washington Department of Ecology, said the Legislature will no doubt want to hear a complete report on the Cypress Island net-pen collapse, and he urged the agency officials to be fully prepared to answer questions from lawmakers.

“You will be asked, when the Legislature comes back, ‘How big a deal is this?’” Manning said, noting that he has heard from some people that it is a very big deal, while others say it is nothing at all.

Windrope noted that native salmon populations are already struggling, “and this is one more injury to the salmon.” But since the escaped Atlantic salmon don’t appear to be competing for food, the question comes down to whether they are affecting native fish in other ways. That question is not fully answered, she said.

“For DNR, this is a very big concern,” said Dennis Clark, who helps manage aquatic leases for the agency. “We have a contract with a multinational company, and they failed to adhere to it.”

DNR serves as the landlord for the Puget Sound net pen operations, he said. The aquatic leases run out at various times, from 2022 to 2025, and the agency is taking a closer look at the net pen structures to see what should be done from both a scientific and landlord perspective. Commissioner Franz is taking a special interest, he added.

“We are trying very hard to learn from this (incident),” Clark said, “and we understand that we may need to devote more resources.”

Rich Doenges of Ecology said the Atlantic salmon that got away are considered a “pollutant” under Washington state law. While no long-term effects have been seen following previous escapes of Atlantic salmon, there is some risk to native salmon. The key is to quantify that risk and determine if it is low enough to make the operations worthwhile. If necessary, he said, compliance orders can be issued and state water-quality permits can be amended to require additional safety measures.

Seattle attorney Doug Steding, representing Cooke Aquaculture, said he wanted to convey “sorrow and regret” from the company over the potential impacts of the escape.

“We want to make right with respect to this terrible accident,” he said, adding that the company is committed to working with investigators into the cause of the escape and finding ways to make sure that it never happens again.

Steding noted that Cooke recently acquired the Puget Sound facilities and did not own the Cypress Island net pens when the fish were placed in them. The company should have shared more information with the public about plans to upgrade the facilities, he said.

“You have an important task sorting through the difficult science and integrating with the values of the people of Washington,” Steding told the Leadership Council, adding that Cooke hopes to remain a part of the discussion.