Category Archives: Business and industry

Efforts continue to retrieve orca Lolita, despite legal setback

Although the Endangered Species Act may encourage extraordinary efforts to save Puget Sound’s killer whales from extinction, it cannot be used to bring home the last Puget Sound orca still in captivity, a court has ruled.

A 51-year-old killer whale named Lolita, otherwise called Tokitae, has been living in Miami Seaquarium since shortly after her capture in 1970. Her clan — the Southern Resident killer whales — were listed as endangered in 2005, but the federal listing specifically excluded captive killer whales.

In 2013, People for the Ethical Treatment of Animals (PETA) successfully petitioned the National Marine Fisheries Service to have Lolita included among the endangered whales. But the endangered listing has done nothing to help those who hoped Lolita’s owners would be forced to allow a transition of the whale back into Puget Sound.

This week, the U.S. Eleventh Circuit Court of Appeals in Atlanta reiterated its earlier finding that Lolita has not been injured or harassed to the point that her captivity at the Miami Seaquarium violates the federal Endangered Species Act, or ESA.

Howard Garrett of Orca Network, who has been trying for years to offer Lolita a “retirement home” in Puget Sound (where her family still roams), said it appears that proponents of Lolita’s return have exhausted their options under the ESA.

Howie told me that the court system may be caught in a quandary, because if the ruling went another way, someone would need to be in charge of returning Lolita to the wild. Howie actually has a plan to do just that, first by bringing her to an enclosed cove in Puget Sound. But the 22-foot-long whale’s situation is like no other — which is something that the appeals court acknowledges in its latest ruling denying reconsideration (PDF 46 kb):

“As an initial matter, Lolita presents a unique case, because she:

  • “(1) is of advanced age at 51, having surpassed the median life expectancy for wild, female Southern Resident Killer Whales;
  • “(2) has received medical care for approximately 48 years and continues to receive medical care;
  • “(3) has already been subject to an unsuccessful federal challenge to the conditions of her captivity; and
  • “(4) has no realistic means for returning to the wild without being harmed.”

As in the appeals court’s first ruling (PDF 81 kb), the finding was that the Endangered Species Act has to do with protecting species from extinction, and a lawsuit could be successful only if plaintiffs can show that an individual whale is at risk of serious harm — or “take” as the law calls it. “The term ‘take’ means to harass, harm, pursue, hunt, shoot, kill, trap, capture or collect,” the law states.

PETA’s lawsuit lists 13 injuries — including physiological and psychological issues related to living in a small tank with Pacific white-sided dolphins and blisters caused by excessive sun exposure — but none of them rise to the level of “take” defined in the law, the court states. See also the blog post in Water Ways from June 8, 2016, regarding the original judge’s ruling in the matter.

The welfare of animals in captivity is actually governed by the Animal Welfare Act, the court said. In a second series of legal actions, PETA has been trying to convince the courts that Miami Seaquarium is violating the AWA with an undersized tank for a killer whale, a lack of suitable companionship for Lolita and the excessive sun exposure on her skin.

PETA has appealed a district court ruling that went against the organization.

Meanwhile, supporters of Lolita’s return are putting some hope in efforts by the Lummi Nation, an Indian tribe near Bellingham, which claims that Lolita’s capture was essentially a kidnapping. Some say the tribe may assert legal rights established by Indian treaties in the 1850s. See Water Ways, March 14.

“We have a lot of faith in the Lummis,” Howie said, declining to discuss a specific course of action. “There is a lot of planning and fact-finding and strategizing, and it’s in midstream right now.”

I tried unsuccessfully today to reach the project manager who represents the Lummi Tribe in the matter of Lolita.

New film celebrates the history of the Wild and Scenic Rivers Act

Today marks the 50th anniversary of the Wild and Scenic Rivers Act, and I was pleased to see that producer/director Shane Anderson and Pacific Rivers are allowing the documentary “Run Wild Run Free” to be shown online for three days before the film goes back into limited showings.

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Amusing Monday: Finding new ways to ride a bike across the water

When a man rides a bicycle across the River Thames in London, people stop and stare — and that’s exactly what 35-year-old Dhruv Boruah wants them to do, as he picks up trash floating on the river.

His message is about plastic pollution. He wants people to know that when plastic gets into the environment, it tends to stay there, breaking into tiny pieces that contaminate the food web.

“I like to be on the water for the adventure,” he said in an interview this month in the London Evening Standard, “and the bike is so unique that it’s a good conversation starter to talk to people and raise awareness about the dangers of plastics, micro-plastics and toxic chemicals to stop these ending up in the ocean.”

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Map of sea level predictions can assist waterfront owners

A sophisticated analysis of sea-level rise in Puget Sound and along the Washington Coast offers shoreline residents and land-use planners a new map-based tool to assess potential flood hazards for the coming years.

Click on map to access online interactive map
Map: Washington Coastal Hazards Resilience Network

Sea-level rise depends on two factors: how fast the oceans rise and the rate of vertical land shifts. Uplift, such as what occurs along the Washington Coast, slows the rate of sea-level rise relative to waterfront property. Subsidence, which occurs in Central Puget Sound, results in elevated tides sooner than in stable or uplifting areas. One map on this page shows the measured uplift and subsidence and another shows the uncertainty in that measurement.

Ian Miller, a coastal hazards specialist at Washington Sea Grant, has worked on studies that describe sea-level rise in Island County and on the Olympic Peninsula. The new report, titled “Projected Sea Level Rise for Washington State” (PDF 10.4 mb) goes well beyond what he and his colleagues have done before. It takes a more detailed look at where the land is uplifting and subsiding, according to Miller, the lead author on the new report that involves work by scientists at Sea Grant and the University of Washington’s Climate Impacts Group.

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Spring Chinook return to the Skokomish River to start a new salmon run

Spring Chinook salmon are being reared at a new hatchery on the North Fork of the Skokomish River. The hatchery is owned and operated by Tacoma Public Utilities. // Photo: Tacoma Public Utilities

For the first time in decades, an early run of Chinook salmon has returned to the Skokomish River in southern Hood Canal.

These bright, torpedo-shaped hatchery fish are the first of what is expected to become an ongoing run of spring Chinook as part of a major salmon-restoration effort related to the Cushman Hydro Project. Eventually, the salmon run could provide fishing opportunities for humans and orcas.

“it is pretty exciting,” said Dave Herrera, fish and wildlife policy adviser for the Skokomish Tribe. “Our objective has always been to restore the salmon populations that were once here.”

Andrew Ollenburg, Cushman fish facilities manager for Tacoma Public Utilities, reported that 19 spring Chinook — 15 females and four males — have been captured at the base of the lower Cushman Dam on the North Fork of the Skokomish River. As of this week, biologists estimated that 50 or 60 spring Chinook were in the river farther below the dam — and more are coming.

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Amusing Monday: Tying gentrification to climate change with humor

“The North Pole,” a seven-part online political comedy, provides some amusing social connections between climate change and the gentrification of aging neighborhoods.

Set in North Oakland, Calif., the story revolves around close friends who have grown up in the area and find themselves struggling against landlords, corporate greed and ultimately their own social consciences. The setting could just as easily have been Seattle or any other city in which low-income housing is being displaced by condos and cute corner malls.

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World ocean researcher traces his interests back to Puget Sound

Marine geologist Peter Harris, a 1976 graduate of North Kitsap High School, has been awarded the prestigious Francis P. Shepard Medal for Sustained Excellence in Marine Geology.

Peter Harris

The annual award, from the Society for Sedimentary Geology, recognizes Peter’s 30 years of research accomplishments — “from the polar to the tropical,” as the judges described it — including his discovery of new coral reefs off Australia.

Also noteworthy is his work documenting the margins of the Antarctic continent; describing the prehistoric formation of the Fly River Delta in Papua New Guinea; and explaining changes in the “Antarctic bottom water,” a dense water mass surrounding Antarctica. Peter has published more than 100 research papers in scientific journals.

After an awards ceremony in Salt Lake City, Utah, Peter returned last week to Kitsap County, where he spoke to me about his current efforts on upcoming state-of-the-environment report for the United Nations. He is working on an oceans chapter for the “Sixth Global Environmental Outlook,” known as GEO-6, which will be used to advance environmental policies around the world.

“There are so many environmental issues in the ocean,” he told me, “but we were asked to identify three things that are the most urgent.”

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Europe may soon launch wide-ranging solutions to plastic pollution

Taking on the enormous problem of plastic pollution in the ocean, the European Union is on track to ban single-use items made of plastic, while communities in Washington state slowly adopt bans on plastic bags.

Straws are listed as a problem plastic.
Photo: Horia Varlan, Wikimedia Commons

The European Commission is targeting specific plastic products that constitute 70 percent of the items found among marine debris lost in the sea and along the shoreline. Cotton swabs, plastic cutlery, plates, drinking cups and straws are among the items that would be banned outright, because non-plastic alternatives are available.

The proposal announced this week goes well beyond those items, however, calling for a 90-percent reduction in plastic drink-bottle waste, possibly through a deposit system. In addition, plans are underway for new waste-disposal programs, ongoing cleanups, and educational efforts designed to reduce the purchase of and encourage the proper disposal of food containers, plastic wrappers, cigarette butts, wet wipes, balloons and fishing gear. Manufacturers of plastic products would help fund those various programs, according to the proposal.

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Amusing Monday: Methane emissions from a moo-ving source

My wife Sue and I just returned from a two-week vacation that included a road trip through several western states. In addition to wildlife, we noticed thousands of little methane factories scattered across public and private lands.

I’m talking about cattle, of course, and their role in climate change. I have to admit that gaseous emissions from cows seems like a often-told joke. (Question: What do you call a cow fart? Answer: dairy-air.) But methane from cattle is a serious problem with worldwide effects. The millions of dollars in research being conducted to reduce bovine emissions is strong testimony to the level of concern.

Stories I have read on this topic often relate the amount of gases coming from a single cow to the effects of driving a car.

In fact, so much has been written about cow farts and climate change — mainly for the sake of humor — that I thought that the rear of the cow was the source of the biggest problems. It turns out that far more methane gets released from the other end, in the form of gaseous burps from the mouth.

A recent study, funded by NASA’s Carbon Monitoring System, concluded that the worldwide problem of methane from cattle is 11 percent worse than estimates reported in 2006 by the Intergovernmental Panel on Climate Change. The new study involved more precise estimates of methane production in a cow’s gut as well as that produced during manure management.

In the U.S. and Canada, methane production from total cattle operations was found to be 24 percent higher than previous estimates, largely because of open-air manure management. In Europe, more farmers are using methods that contain the methane, often using it for energy. The study was published in the journal “Carbon Balance and Management” and reviewed in “Popular Science.”

As greenhouse gases, methane is more potent than carbon dioxide, yet the amount released into the atmosphere is far less. The international goal is to reduce emissions of both gases to slow the average warming of the planet.

Researchers have found that feeding cattle different types of grains or silage can reduce the amount of methane produced by bacteria in the stomachs of cattle. Feedstocks effective in reducing methane include garlic and onions, but a major problem for dairy farmers is that those products can change the taste of the milk that cows produce.

One farm in Vermont began supplementing its cattle feed with cooked flax. The result was not only less methane coming from the cows, but the milk itself contained a higher level of beneficial omega 3 fatty acids.

Ongoing research is finding that a diet for cattle high in carbohydrates and/or fats can result in less methane production. Using ground or pellet forms of forage may reduce the time of passage through the cow, thus reducing methane production. See news release from the University of Nebraska – Lincoln.

A story published last week in the online “Feed Navigator” discusses the complexity of the issue. Changing feedstocks can affect cattle and their emissions in different ways. One must account for the effects of growing the feedstocks, handling the manure generated and the health for both the cattle eating the forage and the humans consuming the milk or meat, according to the article by Aerin Einstein-Curtis.

“We have it very tight where we follow the diets, and we know the diets produce a certain type of manure, with certain emissions, and this is what you get out of it,” said Michael Wattiaux, professor of dairy systems management at the University of Wisconsin, who was quoted in the article. “One thing that I could see in terms of practical recommendations is maybe you want to have the agronomist and soil scientist and nutritionist all in the same room at the same time.”

Amusing Monday: Do swimmers close their eyes in Houston pool?

If you haven’t seen the “feet video” demonstrating a new swimming pool in Houston’s Market Square Tower, then click on the video (below) right now and shift to full-screen mode.

This and similar videos of this pool have freaked out millions of viewers since the 40-story apartment complex opened more than a year ago. I still feel uneasy when the guy steps off what appears to be an edge, but now I want to know how long this illusion can be sustained. After all, both sides of the thick glass would need to be kept clean. I would like to watch as the pool-cleaner person works on the underneath side.

If you are wondering what the apartment complex is like, check out the promotional video of the interior and amenities. The 463 apartments range from small units that lease for about $2,000 per month to spacious units that go for up to $5,800 per month.

Another glass-bottom pool floating in the air is being built at a multi-family housing complex in London. The so-called Sky Pool, 10 stories in the air, will span two buildings now under construction in London’s Nine Elms District.

The design of the pool pushes the boundaries of engineering and construction, according to Sean Mulryan, CEO for the builder Ballymore Group, who was quoted in an article in Bored Panda magazine.

“I wanted to do something that had never been done before,” he said. “The Sky Pool’s transparent structure is the result of significant advancements in technologies over the last decade. The experience of the pool will be truly unique; it will feel like floating through the air in central London.”

The third video, made before the Houston project was done, features 10 amazing pools from around the world. In addition, you might want to check out an elevated pool in Bali and a glass-bottom bridge in China that causes some people to find new ways of walking — or crawling — to get across. The 980-foot-long bridge was built 600 feet above the valley floor in China’s Hunan Province.