Tag Archives: Gov. Jay Inslee

Collapsed fish pens could shift the debate over Atlantic salmon farms

UPDATE: Aug. 30

Democratic members of Washington state’s congressional delegation are calling on federal agencies to take immediate steps to minimize damage from the net pen collapse and release of Atlantic salmon near Cypress Island. Read the news release.

“Pacific salmon are central to our economy, our culture, and our environment in the Pacific Northwest and are a critical part of marine and estuarine ecosystems in Washington state,” the letter states. “Most concerning is the threat farmed Atlantic salmon pose to the wild Pacific salmon populations stocks in Puget Sound. Farmed salmon tend to be larger and could outcompete wild salmon for critical resources, such as prey and preferred habitat, which is important for spawning. Tribes, fishermen, and state agencies are working to respond to the escapement, but the scale of the release calls for immediate and direct federal response….”

Meanwhile, a public hearing about the expansion of the Port Angeles net pen operation has been cancelled at the request of the owner, Cooke Aquaculture. Read the letter from Steve Gray (PDF 155 kb), Clallam County’s deputy planning director.
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The recent collapse of salmon pens near the San Juan Islands could become a turning point in the war against salmon farming that is being waged by environmental groups in Puget Sound.

Yesterday, Gov. Jay Inslee and Commissioner of Public Lands Hillary Franz announced a moratorium on new state leases or permits for any fish farms using Atlantic salmon. The moratorium will remain in place until state officials can fully review the escape of more than 300,000 Atlantic salmon from net pens near Cypress Island, according to a joint announcement (PDF 107 kb).

The video, by Glenn Farley and Travis Pittman of KING 5 News, was posted Friday.

The owner of the pens, Cooke Aquaculture, has applications pending to move and expand its net pen operation near Port Angeles to an area 1.8 miles offshore in the Strait of Juan de Fuca.

Cooke, a family-owned company, acquired all of the salmon farms in Puget Sound from Icycle Seafoods last year. The deal was touted as a way to infuse capital and modernize operations on the West Coast.

“The deal will enhance the family’s investments in both the wild fishery and the aquaculture sectors, making them leaders in the U.S. salmon farming sector and a major player in the Alaskan salmon fishery,” said a news release about the acquisition. See the story by Cliff White in “SeafoodSource.”

Perhaps the company did not have time to upgrade its facilities to reduce the risk of the net pens collapsing at Cypress Island and other farming operations. In a news release (PDF 251 kb), Cooke said it had applied for permits to update its Cypress Island site. Still, this latest incident cannot instill confidence in the company nor the salmon farming industry as a whole.

In fact, one could argue that that the company’s extensive “Fish Escape Prevention Plan” (PDF 1.4 mb) and Operations Plan (2.4 mb) should have raised red flags for the company. Cooke cited unusual tides and currents as contributing factors in the pens’ collapse, despite the fact that these tide levels are seen several times each year and stronger currents can be anticipated at times.

Cooke proudly proclaims its commitment to the environment on the company’s home page. But shooting itself in the foot on Cypress Island will leave a bad feeling for many Puget Sound residents. For environmental groups, this event will provide ammunition in their effort to stop the expansion of net pens in Puget Sound and phase out their use entirely.

It is often pointed out that Washington is the only state on the West Coast that allows salmon farming. (See “Our Sound, Our Salmon.” Meanwhile, a serious debate over the pros and cons of industrial-scale aquaculture goes on and on in British Columbia, where more than 100 salmon farms are well established. Take a look at reporter Gordon Hoekstra’s story in the Vancouver Sun.

The war on salmon farms has been waging for years on both sides of the border. While battles ought to be won or lost based on credible information, I’ve seen facts distorted to fit political goals on both sides of the argument.

Now the Cypress Island incident will raise the profile of the debate in Washington state. Let’s hope that the investigation called for by Gov. Inslee and Commissioner Franz will lead to findings that go beyond the question of why the net pens collapsed and look at the overall risks and benefits of keeping these salmon farms around.

Kurt Beardslee, executive director of Wild Fish Conservancy, told me in an email that he is working today to sample 50,000 pounds of Atlantic salmon that escaped from the Cypress Island net pens. Experts will be looking for viruses, parasites and stomach contents.

I believe the information about stomach contents will be particularly valuable, because of concerns that the escaped fish could be consuming wild salmonids — including young chinook and steelhead, both of which are listed as threatened species. Obviously, we don’t have enough out-migrating chinook and steelhead as it is. (You may wish to review my recent story about salmon recovery in the Encyclopedia of Puget Sound.)

Meanwhile, Wild Fish Conservancy, a staunch opponent of salmon farming, has filed notice that it intends to sue Cooke Aquaculture for violations of the Clean Water Act.

“The Conservancy is deeply disheartened by Cooke Aquaculture’s glaring negligence, negligence which has led to an environmental disaster of epic proportion,” states a news release (PDF 115 kb) from the organization. “The needless escape of up to 305,000 Atlantic salmon into Puget Sound represents a dire threat to already imperiled wild fish populations, beloved marine mammal species, and the fragile Puget Sound ecosystem at large, and Wild Fish Conservancy fears impacts to these critical aspects of our region will be felt for years to come.”

The 60-day “letter of intent” (PDF 1.9 mb) from Wild Fish Conservancy outlines a number of alleged violations of federal law resulting from the release of Atlantic salmon and the management of debris. The group says it will seek monetary penalties of up to $52,000 a day, as provided by law, and “injunctive relief to prevent further violations.”

When I asked Kurt what he thought the lawsuit could accomplish, he wrote, “Simply speaking, I believe It’s in the best interest of our sound, our salmon and future generations to pursue all legal avenues to quickly remove Atlantic salmon net pens from Washington’s waters.”

The group — which is part of Our Sound, Our Salmon — is planning an on-the-water protest off the south end of Bainbridge Island on Sept. 16. See “Flotilla: saying no to Atlantic salmon net pens.”

In response to the Cypress Island incident, an “incident command” structure has been set up by the Washington state departments of Natural Resources, Fish and Wildlife, and Ecology, along with the Office of the Governor and Emergency Management Division. The idea is to share information and make joint decisions about the cleanup operation.

“The release of net pen-raised Atlantic salmon into Washington’s waters has created an emergency situation that has state agencies working together to protect the health of our salmon…,” Gov. Inslee said in a statement. “Tribes and others who fish Washington waters deserve a comprehensive response to this incident, including answers to what happened and assurances that it won’t happen again.

“I believe the company must do everything it can to stop any additional escapes and to recover as many fish as possible, including adequate compensation for those working to remove Atlantic salmon from our waters,” he added.

A new website called “Cypress Island Atlantic Salmon Pen Break” will be the distribution point for public information — including “situation updates” from Cook Aquaculture, “Next steps” from DNR, minutes from agency conferences, news releases and other documents.

The Clallam County Hearing Examiner will hold a hearing on Sept. 7 regarding the proposed relocation and expansion of the Port Angeles net pens. Many documents related to that application and Cooke Aquaculture operations can be found on the website titled Clallam County Online Permit System. Click on the permit number for American Gold Seafoods.

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Gov. Inslee yields on cancer risk, pushes new water-quality plan

Gov. Jay Inslee has given in to critics who argued that the state’s updated water-quality standards should not increase the cancer-risk rate for people who eat a lot of fish.

But it appears that a new state proposal, to be made public by early next year, is not likely to satisfy tribal and environmental groups striving for the most stringent water-quality standards, such as those in effect in Oregon.

The Environmental Protection Agency has proposed standards that could be imposed on Washington state, but the agency has committed to holding off if the state comes up with acceptable standards.

In a statement issued today, the governor said he has been pressed to develop a state rule and not let the EPA have the final say:

“My goal all along has been to update Washington’s clean water rule with one that assures the health of Washington’s people, fish and economy. The number one thing I hear over and over when talking with people is how critical it is that we maintain control over creation of this rule to ensure that we’re protecting human health while providing businesses and local governments sensible tools to comply with the stricter standards.”

Efforts to update the state’s water-quality standards have been the focus of a confusing debate for the past several years. The goal of protecting human health has sometimes been forgotten, as I tried to point out in a two-part series published in March in the Kitsap Sun.

Anticipating where this issue is headed, I’m watching three key issues:

1. The formula used to establish the water-quality criteria

Numerical concentrations are established in a mathematical formula applied to about 100 priority pollutants. The first debate was over the fish-consumption rate, or the daily amount of fish that a person might eat. It was generally agreed that the current rate of 6 grams (0.21 ounce) a day was ridiculously low and should be raised to 175 grams (6 ounces) a day.

To balance the effect of that 29-fold increase, Inslee proposed increasing the cancer risk rate from 1 in a million to 1 in 100,000 — a rate approved by the EPA in some states and allowed by EPA guidance. Inslee also included a “no-backsliding” provision, so that none of the current standards would be relaxed (except for arsenic). The EPA has made it clear that 1 in 100,000 was not acceptable, so Inslee consented to go back to the current rate of 1 in a million.

It is important to understand that the formula includes other factors that affect the allowable chemical concentrations. One is the “relative source contribution,” for non-cancer-causing chemicals. The RSC considers how much chemical exposure a person gets from water and fish consumption versus other exposure pathways, such as through the lungs and skin. EPA’s RSC is generally five times lower than the state’s proposal, which means the state would allow a chemical concentration five times higher than EPA. The state intends to stick to its previously proposed RSC, according to Ecology’s Kelly Susewind, a water policy adviser.

The state also uses a bioconcentration factor, which considers the uptake of a chemical from water, whereas EPA uses a bioaccumulation factor, which considers the uptake from all sources. The EPA method produces a more stringent standard.

The state and EPA now seem consistent on most other factors, including body weight, drinking water consumption and toxicity factors, but those two inconsistent factors will make EPA’s proposed standards more stringent than the state’s.

2. Implementation tools

The water quality standards are used as a starting point for issuing permits for discharges from point sources of pollution, such as industrial and sewage-treatment outfalls. Special consideration can be given when proven technology is not available to meet the approved standards.

When the standards cannot be met with reasonable approaches, the state may approve a variance to either reduce the requirements or allow a long time for compliance. A “compliance schedule” is another tool that allows a more limited time for a facility to meet the standards.

Another implementation tool that could be approved is the intake credit. This could be used when a facility draws water from a specific water body and returns its wastewater to the same location. The idea is that a discharger should not be required to make the wastewater cleaner than the waters it is going back into.

3. The problem chemicals: PCBs, mercury and arsenic

The state proposes keeping the current water-quality standards for polychlorinated biphenyls and mercury, which come from many sources other that discharges from pipes. Mercury, for example, can be released into the air by coal-fired power plants, travel across the ocean and become deposited into local waterways. PCBs, which are widespread through the food web, can come from unregulated stormwater and sediments deposited years ago.

Arsenic, on the other hand, can occur naturally in levels higher than what would be allowed under water-quality standards calculated in the normal way. The state proposes to set the water-quality standard for arsenic at the level allowed for drinking water.

For these problem chemicals, Inslee said dischargers cannot reasonably be held accountable for chemical levels beyond their control.

Cleaning up the rest

Going into this year’s legislative session, Inslee proposed a bill to go after the worst nonpoint pollution in concert with newly proposed cleanup standards. The legislation included a process and funding for conducting chemical investigations and developing chemical action plans, but it failed to pass the Legislature.

Since then, the EPA released its own rule with the proviso that it would consider another state proposal if one is submitted before EPA completes its review process.

Inslee said he is still concerned that the new clean water standards address only limited pollutants, and in many cases not even the right ones.

“The proposed rule only regulates 96 chemicals, yet there are hundreds of toxics that come from everyday products,” he said. “The toxics package we sent to the Legislature would have helped us take a hard run at those to make a much more meaningful difference in making our water safer and healthier.”

Tribal and environmental concerns

Tribal and environmental officials were skeptical of the governor’s latest approach.

“Tribes were pleased to hear today that Gov. Inslee now supports maintaining the current state cancer risk rate to protect us all from toxins in our state’s waters,” said Lorraine Loomis, chairwoman of the Northwest Indian Fisheries Commission.

Tribes remain concerned, however, that Inslee’s proposed standards will not be as protective as the EPA’s.

“We believe that the EPA’s proposed standards are based on the best available science and offer strong protection in a timely manner,” Loomis said. “We expect state standards to be measured against the bar that EPA has set.”

Chris Wilke, executive director of Puget Soundkeeper Alliance, said his concern is that Ecology’s approach won’t result in any meaningful efforts to clean up the state’s waterways.

“Ecology must not return to its earlier failed approach of giving the appearance of protection while riddling the rule with loopholes,” Wilke said in a preopared statement. “Governor Inslee must do everything possible to protect the most vulnerable from the devastating effects of neurotoxins such as mercury and other harmful chemicals.”

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Inslee backs off water-quality standards; his next move is unclear

With a key deadline approaching next week, Gov. Jay Inslee decided today that he will not move forward on new water-quality standards at this time.

The governor had hoped that the Legislature would approve his plan to track down and eliminate sources of nonpoint pollution, the kind that often gets into our waterways via stormwater. The Democratic-controlled House approved a revised proposal for chemical action plans (HB 1472), which Inslee said he could support. But, in the end, the Republican-controlled Senate failed to act on the bill.

Inslee

“Without this legislation, we lack the necessary broad approach to protecting our water in a way that advances human, environmental and economic health,” Inslee said in a news release issued today. “The lack of legislative action is disappointing and forces us to reassess our approach.”

Environmental advocates and tribal officials have called for stronger water-quality standards. Such standards, if approved, could require industrial facilities and sewage-treatment plants to extensively upgrade their systems to remove more pollutants from their effluent.

Inslee and his supporters have argued that many of the pollutants of greatest concern don’t come from industrial and municipal discharges. Rather they come from “the small-but-steady release of chemicals in everyday products – brakes on vehicles, flame retardants in furniture, softeners in plastics, and metals in roofing materials,” according to the news release.

That’s why Inslee has pushed for the more comprehensive approach of dealing with the most troublesome chemicals, many of which are not even regulated under the federal Clean Water Act. (Inslee news release, July 9, 2014.)

Water-quality standards actually apply to streams and bodies of water. Comparing results from water samples with numerical standards tells us whether the waters are polluted or clean enough to protect public health. The numerical standards become a starting point for permitting any discharge through pipes, although stormwater pipes are generally not regulated.

I have followed this story now for quite some time. The latest related post two weeks ago in Water Ways covers the overall issue and includes links to previous stories.

It isn’t clear what the next move will be. The news release says the governor has “directed the state Department of Ecology to reconsider its draft clean water rules while he and the agency assess options on how best to assure protection for the health of Washington’s people, fish and economy.”

Meanwhile, the Environmental Protection Agency is developing new standards for Washington state. If the state fails to act or fails to protect public health, as determined by the EPA, then the federal agency could impose its standards on the state. Proposed EPA standards, like state standards, must undergo a rigorous review, including public comments and probably public hearings.

Mark MacIntyre, EPA spokesman, issued a statement today in response to Inslee’s decision:

“We believe it’s important to have human health criteria in place that are protective for everybody in Washington, including high consumers of fish such as members of tribal communities. In terms of who writes the standards, EPA continues to prefer and support Washington’s development of revised water quality standards that we can approve. In the meantime, we are proceeding consistent with our commitment to work on a federal proposal for Washington, but will pause that work to review and act upon a state submittal, should we receive one.”

Washington Department of Ecology, which enforces the Clean Water Act for Washington state, was planning to approve the new standards by next Thursday. But under Inslee’s latest order that will not happen. If the rule is revised, it must undergo a new public review process.

More than 1,600 comments were received on the proposed standards, which are not likely to be approved in their current form. Most of the comments related to the higher cancer risk level chosen by Ecology and the governor. Cancer risk is one factor in calculating the water-quality standards, along with a fish-consumption rate, chemical-toxicity factor and others.

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