Category Archives: Fishing interests

Impassioned task force faces the challenge of saving endangered orcas

Passion for saving Puget Sound’s killer whales is driving an exhaustive search for ways to restore the whales to health and rebuild their population, but hard science must contribute to the search for workable answers.

I recently updated readers on the efforts of the Southern Resident Killer Whale Task Force, appointed by the governor to change the course of a population headed toward extinction. Read the story I wrote for the Encyclopedia of Puget Sound or the version reprinted in the Kitsap Sun.

I began the story by mentioning the term “no silver bullet,” a term I have heard numerous times from folks involved in the task force. They are emphasizing how difficult it is to restore a damaged ecosystem, while orcas wait for food at the top of a complex food web. All sorts of people are looking for a quick fix, something that will increase the number of Chinook salmon — the orcas’ primary prey — within their range, which includes the Salish Sea and Pacific Ocean from Vancouver Island to Northern California.

The quickest and simplest answers:

  • Increase the number of fish produced in hatcheries,
  • Kill large numbers of seals and sea lions that eat Chinook,
  • Tear down four Snake River dams, or
  • Strategically reduce fishing that catches Chinook before the whales have a chance to eat them.

If any of these ideas seems like a quick-and-easy solution to you, then read my story for an overview of the problem and then go deeper by reading up on the subject. Each of these issues is subject to extensive scientific and political debate.

While my story touched on these issues, I will try to cover them more thoroughly as the task force goes about its deliberations and develops an emergency plan scheduled for completion this fall. The task force is also asked to develop a long-term strategy for the whales, which probably involves restoring a healthy food web — an effort coordinated by the Puget Sound Partnership.

I have to admit that I was amused by an online comment in the Kitsap Sun: “It is an easy fix,” the commenter asserted. “Stop all salmon fishing for several years; yes, including the Indians.”

I’m not sure the writer even read my story, but I have heard this simple proposal before. It definitely sounds easy, and eliminating all salmon fishing would be an interesting experiment. But the tremendous economic, political and cultural consequences makes the idea a nonstarter. Besides, the whales wouldn’t even touch the large numbers of chum, pink, sockeye and coho salmon produced naturally and in fish hatcheries throughout the Northwest.

Some experts do believe that fishing should be curtailed further to protect wild Chinook and other “weak stocks.” Certainly the benefits and problems of hatcheries remain a subject of ongoing scientific and social debate. The killer whales bring a new urgency to the discussion of salmon management — but humans remain part of the equation.

I can see how the killer whale task force is trying to maneuver through a minefield of political, economic and social issues to solve an environmental problem. Solutions must be logical and convincing to build enough support for action — even when the goal is to save something universally cherished, such as the killer whales. And so passion and hope continue to be blended with science, and we will see what comes out in the end.

At the last task force meeting, the death of a newborn orca was on the minds of many members, as national and international news reports described the mother, named Tahlequah, carrying her dead calf for days on end. The members also were thinking about a 3-year-old calf that was near death from malnutrition as experts prepared to take steps to bring her food and medication (NOAA Fisheries website).

While the task force’s efforts are focused on what the science tells us, Stephanie Solien, co-chair of the group, started off the meeting with a heartfelt discussion about how people are feeling a desperate need to help the orcas.

“What the J-pod orcas have clearly shown in their actions speak more profoundly than any human words,” she said. “This is what they have told the world: It is human actions that are responsible for the dead and stillborn calves, the sick and starving adults and the declining condition of the environment in which they live.

“As the grieving mother orca labored through the Salish Sea carrying her dead calf without rest, she brought us all to attention, demonstrating that her future and the future of her species is in our hands right now…,” she said. “We are together in what we feel, and we must be together in our actions. The only option for her survival and for ours is to act collectively with one strong determined will.”

You can listen to Stephanie reading her entire statement at 6:23 in the first video on this page.

Maia Bellon, director of the Washington Department of Ecology, was among others who reflected personally on Tahlequah’s loss and the human connection.

“There is nothing worse than a parent who has to let their child go, and many of us have had those experiences within our lives,” Maia said, adding that emotion can be a force to bring people together with a common goal.

“I am feeling strength from this room and know that we have a chance here and now to seize the opportunity to make a difference for the future of the killer whale,” she continued. “I close by giving a scientific fact: Killer whales need to eat to survive. That’s science. We have an obligation from the bottom of our food web all the way to the top to make this happen. And that includes restoring and sustaining a healthy ecosystem.”

Maia’s statement begins at 35:28 in the first video, and there are other heartfelt thoughts offered as each task force member has a chance to speak during the introductions. The remainder of the first video covers initial options presented by the leaders of the task force’s working groups.

The second video includes reports that followed a break-out session in which members gave their opinions about the various options. A public comment period begins at 40:35 in that video.

Amusing Monday: Get out and enjoy the cool rivers in our region

Given the heat wave of the past few days, I realize that I should have been floating down a river. I’m envisioning cool water splashing people on a boat as the sun beats down from above. I recall feelings of calm while traveling across flat water, followed by the invigoration of roiling rapids.

To get you started, Seattle Magazine offers a few suggestions, and there are numerous rafting companies advertising online to help you tackle more challenging waters.

This year happens to be the 50th anniversary of the Wild and Scenic Rivers Act, and I’ve been watching some videos that I would like to share. The law was designed to preserve the free-flowing nature of rivers that contain outstanding natural, cultural and recreational values.

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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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More than one way to join the battle against European green crabs

I’ve received a good response regarding my blog post on Friday, “Green crabs entrenched at Dungeness Spit, but new issues are emerging,” which covered a variety of issues — from where the invasive crabs did NOT come from to new detection methods for invasive species.

I heard some legitimate questions about how to identify European green crabs and what to do if you find one. The main thing is to get a photograph and send it to the Washington Sea Grant Crab Team, which is leading the war on green crabs. I’m reminded that it is illegal to possess a green crab without a permit.

Here are some links from the Crab Team website that could be helpful:

I’m also pleased to see the announcement of a free online webinar on July 10 to help people identify European green crabs. The two-hour “First Detector Training Webinar” is co-sponsored by the Crab Team and Washington Invasive Species Council. Register ahead of time to get information about the event.

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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Whale watchers update guidelines; Canada to restrict salmon fishing

Commercial operators who take visitors on whale-watching cruises in the Salish Sea have vowed to follow new, more restrictive guidelines to reduce noise and disturbance around the endangered Southern Resident Killer Whales.

The new guidelines, adopted by the Pacific Whale Watch Association, go beyond state and federal regulations and even beyond the voluntary “Be Whale Wise” guidelines promoted by state and federal agencies and many whale advocacy groups. For the first time, the commercial guidelines include time limits for watching any group of whales.

Meanwhile, the Canadian government has announced that it will restrict fishing for chinook salmon — the killer whales’ primary prey — to help save the whales from extinction. The goal is to reduce fishery removals of 25 to 35 percent, but details have yet to be released. More about that in a moment.

The new whale-watch guidelines are based largely on recent research into much how much noise reaches killer whales when multiple boats are in the vicinity, said Jeff Friedman, president of the PWWA.

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Voluntary no-go area on San Juan Island stirs conflict over orcas

Fishermen in the San Juan Islands are being asked to make sacrifices this summer to help Puget Sound’s fish-eating killer whales. Whether the voluntary actions will make much difference is open to speculation.

A voluntary “no-go zone” for boats cruising the western shoreline of San Juan Island has been announced by the Washington Department of Fish and Wildlife. Boaters are asked to stay one-quarter mile offshore for most of the island’s west side. A half-mile protective zone around Lime Kiln Lighthouse is part of the voluntary no-go zone. (See map.)

“This voluntary no-go zone is a good step in helping to reduce human impacts in an important foraging area for Southern Resident killer whales,” Penny Becker, WDFW’s policy lead on killer whales, said in a news release.

Years ago, the western shoreline of San Juan Island was a primary hangout for whales, which eat mostly chinook salmon during the summer months. In recent years, however, declines in chinook runs have reduced the time spent by the whales in any one location, so the effects of the voluntary closure are likely to be muted.

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U.S. Supreme Court justices raise questions about culvert damage

As state and tribal attorneys faced off yesterday in the 20-year battle over culverts, justices for the U.S. Supreme Court drilled both sides about numbers.

A coho salmon tries to leap into a culvert on Gorst Creek where water discharges from fish-rearing ponds. // Photo: Meegan M. Reid, Kitsap Sun

The culvert case is not about the 50-50 sharing of the annual salmon harvest. The courts ruled years ago that treaties with Puget Sound tribes guarantee Indians half the total salmon harvest, to be shared equally with non-Indians.

The culvert case is about the environment, specifically the idea that culverts are capable of blocking the passage of salmon, reducing the salmon population to a meaningless number and making the treaty right worthless.

From the transcript of today’s Supreme Court hearing, I’ve tried to pull out the most interesting and legally relevant questions.

Opening the hearing and speaking for the state, Assistant Attorney General Noah Purcell said the lower courts have essentially established a new treaty right with the ruling under appeal. If culverts must be replaced as a result of the treaty, then consider what could happen to dams and virtually any development that has ever had an impact on salmon runs, he said.

In legal briefs, state attorneys have argued that the treaties work both ways, that tribes gave up the right to manage the lands they ceded to the U.S.

Justice Samuel Alito noted that the treaty describes the right of Indians to take fish. “What do you think that means?” he asked Purcell.

Three rights come from that language, Purcell said. They are the right to fish in historical places, the right to a fair share of the available fish and a “right to be free of certain types of state actions that are not justified by substantial public interest.”

The tribes, he added, need to show that state culverts specifically are responsible for a “large decline” on a particular river. There are many other causes of salmon declines as well, and the state is trying to work on all of them, he said.

Alito said he doesn’t understand the meaning of “large decline” or even “substantial decline,” the term used by the federal government, which is a party to the case on behalf of the tribes.

“Well,” Percell said, “it has to be more than a fraction of 1 percent of historic harvests or 5 percent of recent harvest. We think, for example, certainly a decline of half the salmon would certainly easily qualify …”

Asked Justice Elena Kagan, “I mean, do you have a number in your head?”

Justice Neil Gorsuch wanted to know whether a 5-percent reduction in the salmon runs would be adequate to support the tribes’ position. “If they could show that 5 percent is attributable to the culverts, would that suffice to satisfy you?” he asked. “And, if not, I guess I’m where Justice Kagan is. What’s your number.”

Purcell said he thought that half would obviously quality but not 5 percent.

“Suppose,” said Alito, “that there were more than salmon than anybody knew what to do with, and then the state did something that caused a decline. Would that be a violation of the treaty?”

“I don’t think that would be a violation even under the respondents’ (tribes’) theory, Your Honor,” Purcell replied. “… and that recognizes the crucial other piece of language… The treaties ceded control of the off-reservation land to future government to regulate in the public interest. And so the government has to have the ability to make some types of decisions, even if they affect the treaty fishing right when there are substantial interests involved.”

Gorsuch said he is struggling with that concept, the idea that state government could pursue other public interests and balance them against treaty rights.

“The point of a treaty, I would have thought, would have been to freeze in time certain rights and to ensure their existence in perpetuity, regardless of what other social benefits a later municipality might be able to claim,” he said.

Purcell said the treaty must recognize interests other than the fishing rights of the tribes, and that includes actions to protect natural resources and public health.

“But where does this public interest theory come in in the treaty?” asked Kagan. “I thought this was an agreement. I give you my land. You give me the right to take fish. And — let’s make it narrower here — I have the right that you will not put up obstructions on these streams such that I can’t take fish.”

“Well, Your Honor,” said Purcell, “if the rule is narrowly limited like that, it’s much less problematic for the state, but the findings would not support that rule and it would outlaw every dam in the Northwest. So it’s inconsistent with the parties’ long-standing behavior.”

Alito asked federal prosecutors in the case whether federal dams also violate the treaties.

Assistant Solicitor General Allon Kedem of the U.S. Department of Justice said that issue was never part of the case and the legal issues have never been developed. Still, he added, many dams are built with fish ladders. In other cases, the U.S. government has compensated the tribes monetarily.

Justice Ruth Bader Ginsburg returned to the original language of the treaties, which “gives the tribes the right to take fish in common with all citizens.” One could simply interpret that to mean that nobody should discriminate against Indians, she said.

Kedem said the state had argued that point years ago, but the courts considered representations made by federal officials to the Indians when the treaties were signed. The conclusion, upheld by the Supreme Court, was that the tribes have access to fish in perpetuity.

Justice Kagan returned to the issue of numbers, asking Kedem if he has an idea how much habitat damage constitutes “substantial” degradation — the term used to define a treaty violation.

“So we don’t have a number,” Kedem said, adding that the lower courts used a habitat approach, the idea that loss of habitat would reduce the salmon population.

Later, Justice Alito turned to Attorney William Jay, representing the tribes.

“I hate to keep asking the same question,” he said, but does ‘substantial degradation’ mean a number or “significant degradation’ mean a number?”

“I don’t think it means a hard and fast number,” Jay said. “I think it is something that you would look at in context, in context of the particular species, in context of the strength of the species at a particular time.”

Without giving a number, Jay said, the court found that the state’s culverts are so numerous and reduce access to such a large spawning area that the impact on the fishery is significant.

“I just don’t see how that can mean anything other than a number,” Alito said, “and I still haven’t gotten an answer that seems to give any substance to this.”

Jay said the idea that the local, state or federal government could disregard the intent of the treaty while balancing their own perceived public interests is not consistent with promises made by the president of the United States and ratified by the Senate.

“If the promise made by the United States in exchange for millions of acres of the tribes’ land means anything … it protects against a threat to the fishery like these, a threat that obstructs fish from getting to the usual and accustomed fishing grounds where the tribes have a right to fish.”

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Amusing Monday: Wacky steelhead return for new ‘Survive the Sound’ game

“Survive the Sound,” an online game that features cute little fish swimming for their lives, is back for a second year with some new additions, including free participation for students and teachers in the classroom.

The basics of the game remain as I described them last year. You pick out a wacky cartoon steelhead and then receive daily reports as the fish makes its way through a perilous Puget Sound over a 12-day period. The journey starts May 7, and signups are now open. See Water Ways, April 29, 2017.

As in real life, many fish will not make it to the ocean because of the effects of disease and pollution along with the constant risk of predation. But a few lucky steelhead will survive, and the winners will be recognized.

Individuals join the game with a $25 donation to Long Live the Kings, which will use the money to further research, ecosystem restoration and education. This year, anyone can start a team and encourage others to participate, sharing the joy or heartbreak of the salmon migration. Prizes will be awarded to the winning teams.

This year, teachers can sign up their classrooms for free and play the game while learning about the Puget Sound ecosystem. Extensive educational materials have been developed to go along with the game. Check out “Bring ‘Survive the Sound’ to your Classroom!”

The game is based on the real-life travels of steelhead, which have been tracked using implanted acoustic transmitters. Some fish swim faster than others and some even reverse course. This year, participants will be able to watch the progress of all of the fish making the journey, according to Michael Schmidt of Long Live the Kings.

Last year, more than 1,100 people joined the game, and organizers hope for even greater participation this year.

If nothing else, you should check out the cartoon fish and the clever things they have to say by clicking on the individual steelhead in the “Survive the Sound” fish list.

If you would like to learn more about the person who turned the concepts for these odd and wonderful fish into creative works of art, check out “Meet the Artist Behind Survive the Sound.” To see more of Jocelyn Li Langrand’s work, go to her website, her Instagram page or Facebook.