Category Archives: Streams

Some salmon take the low road to get back home to spawn

“Why did the salmon cross the road?”

OK, I’ll admit that I used this line once in a story many years ago when I first observed the Skokomish River overflowing its banks. I was amazed at the number of chum salmon swimming through farm fields and across pavement in the Skokomish Valley as they tried to get back to their spawning grounds.

Despite extensive work in the Skokomish River estuary, the waters still back up and fish still swim across roads during heavy rains and floods.

I was not the first to bend the old joke to ask, “Why did the salmon cross the road?” And I was definitely not the last, as two new videos went viral the past few days, resulting in news reports across the country. Hundreds of thousands of people must have been surprised to see Puget Sound salmon skittering across the pavement in a most unnatural way.

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Salmon migration on display during Saturday’s Kitsap Salmon Tours

Recent rains are bringing chum salmon into numerous streams on the Kitsap Peninsula, according to Jon Oleyar, biologist for the Suquamish Tribe. But more rains are needed to help the salmon reach the upper tributaries and fully seed the system, he added.

Chum salmon swim up Chico Creek on Thursday (11-1). // Photo: Emma Jeffries

“The fall fish are right on schedule,” Jon told me, “but I wish they had more water, especially for the tributaries.”

Folks attending the Kitsap Salmon Tours this Saturday should be able to see fish in most locations on this year’s list. Read on for details.

The fall chum themselves seem larger than average this year, Jon said, which means the streams need a little more water than usual for the fish to easily swim upstream.

Salmon can move quickly upstream and become stranded in too-shallow water after a downpour followed by a dry period, he said. In a worst-case scenario, fish may die before spawning. Once the rains have saturated the soil, the risk of low flows is reduced, but as of today we’re not at that point yet. Heavy rains last Saturday brought many fish into the streams, he added, but streams levels have dropped somewhat since then.

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Legal settlement could help protect salmon eggs incubating in gravel

Washington Department of Ecology has agreed to take steps to protect wild salmon eggs incubating in gravel by developing entirely new water-quality standards to control fine sediment going into streams.

The new standards, yet to be developed, could ultimately limit silty runoff coming from logging operations, housing construction and other operations that can affect water quality. The idea is maintain adequate oxygen to salmon eggs, thus increasing the rate of survival as well as the health of the young fish.

The legal agreement with Ecology grew out of a lawsuit brought by Northwest Environmental Advocates against the federal Environmental Protection Agency. NWEA claimed that the EPA had failed to consult with natural resource agencies while reviewing changes in state water-quality standards, as required by the Endangered Species Act.

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Ongoing lack of rainfall raises concerns for chum, coho salmon

We’ve just gone through one of the driest five-month periods on record in Kitsap County, yet the total precipitation for entire water year was fairly close to average.

Water year 2018, which ended Sunday, offers a superb example of the extreme differences in precipitation from one part of the Kitsap Peninsula to another:

  • In Hansville — at the north end of the peninsula — the total rainfall for the year reached 35.2 inches, about 3.5 inches above average.
  • In Silverdale — about midway from north to south — the total rainfall was recorded as 43.1 inches, about 5 inches below average.
  • In Holly — near the south end — the total rainfall came in at 82 inches, about 3.3 inches above average.

The graphs of precipitation for the three areas show how this year’s rainfall tracked with the average rainfall through the entire year. The orange line depicts accumulated rainfall for water year 2018, while the pink line represents the average. Click on the images to enlarge and get a better view.

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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: 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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The lives of salmon are complex, leading to threats but also hope

Salmon have a tough life. Not only must they escape predators and find enough food to eat — as do all wild animals — but they must also make the physiologically taxing transition from freshwater to saltwater and then back again to start a new generation.

In a four-part series being published in the Encyclopedia of Puget Sound, I explain some of the latest research findings about how chinook, coho and steelhead are struggling to survive in the waters of Puget Sound.

Chinook salmon // Photo: Zureks, Wikimedia commons

The first part is called “Opening the black box: What’s killing Puget Sound’s salmon and steelhead?” It describes the Salish Sea Marine Survival Project, a major research effort involving more than 200 scientists in the U.S. and Canada. The effort is coordinated by Long Live the Kings in the U.S. and by the Pacific Salmon Foundation in Canada.

The second part, titled “Size means survival for salmon,” takes a look at salmon and steelhead’s place in the food web from the “bottom up,” as they say. Specifically, what are the fish eating and what is limiting their access to a healthy food supply?

Still to come are discussions about predation (“top down”) in Part 3, and other factors that affect survival, such as disease and chemical exposure, in Part 4.

Our goal for this project has been to describe the important research findings in careful detail without getting lost in complex scientific analysis. I also describe, at the end of Part 1, some new findings regarding potential competition among salmon for food in the Pacific Ocean.

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New bridges provide improved habitat in two Kitsap County creeks

Contractors are putting the final touches on two new bridges in Kitsap County, both of which are expected to improve the local environment.

A new bridge over the Carpenter Creek Estuary near Kingston helps to restore the upper salt marsh.
Photo; Stillwaters Environmental Center

One is a 150-foot bridge that crosses the Carpenter Creek Estuary on West Kingston Road near Kingston. The other is a 50-foot bridge that crosses Big Anderson Creek on Seabeck-Holly Road near Holly.

Among local residents, the Carpenter Creek bridge may best be known as the bridge that blocked traffic and forced a detour near Kingston for more than a year — much longer than originally planned. (Recall reporter Nathan Pilling’s story in the Kitsap Sun.) While contract issues remain in dispute, the environmental benefits are clear, according to Joleen Palmer of the nearby Stillwaters Environmental Center.

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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: World Water Day addresses natural purification

World Water Day, coming up this Thursday, is an annual worldwide event designed to focus attention on the importance of water to all living things.

Promoted by the United Nations, the 25-year-old World Water Day has always raised concerns about the 2.1 billion people in the world who don’t have easy access to clean water, creating a major health crisis in some communities.

This year’s theme is “nature for water” — although the discussion remains focused mainly on humans. Human actions have contributed to increasing flooding, drought and water pollution — and humans are able to use natural systems to help reduce the problems.

So-called “nature-based solutions” include protecting and improving water quality by restoring forests and wetlands, reconnecting rivers to their floodplains and creating vegetated buffers along lakes and streams, even in urban areas.

A fact sheet (PDF 2 mb) put out by UNESCO (U.N. Educational, Scientific and Cultural Organization) lays out the arguments on behalf of nature-based solutions. A larger 150-page report, titled “Nature Based Solutions for Water” (PDF 42.7 mb) can be downloaded from the UNESCO website.

A series of posters and cards related to this year’s theme can be downloaded from the World Water Day website. For the creative, I’m intrigued by the idea that you can create your own collage, using individual elements taken from the four posters. See “collage kit” on the same resources page.

Considering that this is the 25th World Water Day, I anticipated more events and celebrations. The one event listed for Washington state is a guided tour of Edmonds Marsh, one of the few urban saltwater estuaries still remaining in the Puget Sound region. Details of the walk are provided in a brief article in Edmonds News.

The first video on this page is a promotional piece by UNESCO.

Official poster of World Water Day
Source: UNESCO

I found the second video, filmed in Istanbul, Turkey, to be revealing about people’s attitudes about water. I imagine the reaction might be the same in some U.S. cities — although the specific location probably makes a lot of difference. The video, produced in 2015, was created for Standart Pompa, a manufacturer of water pumps.

The video shows a video screen next to a water faucet with a dying tree depicted on the screen. When passersby turned off the water faucet, the tree suddenly transformed into a healthy green condition. Although the weather was cold during the filming, nearly a third of the people going by took their hands out of their pockets and turned off the water, which was actually recirculating from the drain so that no water was wasted.

The third video is a cartoon designed to drive home a message about the importance of water, beginning with the simple act of brushing your teeth. It was produced by TVNXT KIDZ.