Marine Shoreline Design Guidelines -WDFW

For you wonks of regulations, here’s your bedtime reading…

The final version of the state’s Marine Shoreline Design Guidelines prepared for the Aquatic Habitat Guidelines Program. “The Marine Shoreline Design Guidelines (MSDG) were developed to provide a comprehensive framework for site assessment and alternatives analysis to determine the need for shore protection and identify the technique that best suits the conditions at a given site.”

59MB so it’s a big download.

State climate consultant hired to shrink greenhouse gases- News Tribune

It appears that the newly signed bill to get data that can be acted on for ocean acidification is progressing about as fast as the government can move. The question is whether it can be funded. Apparently there has been no agreement by the State House to fund this bill. Shellfish growers are very concerned about the lack of interest in funding it by Republicans, as their industry will be the first to die from acidification.

A legislative workgroup chaired by Gov. Jay Inslee voted unanimously Tuesday to hire a Virginia-based climate consultant to examine Washington state’s options for reducing greenhouse gases that are contributing to global climate change.

Ecology budget squeeze: Efficiency or neglect? – Crosscut

Given the Department of Ecology backing of net pens against all opposition from elected local officials, scientists, and the population, perhaps it could be argued that they need to have their budgets cut. The question would be, from which department? Apparnently when one local elected official called on the new head of DOE, Maia Bellon, not long after she took office, she told him that her department couldn’t allow a ban on net pens in the counties Shoreline Master Program, that the issue had to be taken to the legislature. No one has ever said that before. Given that her department is one of the departments that approves in water aquaculture in the State, it was an odd statement. And she is getting paid how much to manage this organization? Given that even a nuclear power plant, a water dependent business, would have to be sited up off the waters edge, you would think that closed containment aquaculture could be also.

One potentially divisive piece of the Washington Senate-House budget talks is whether the Washington Department of Ecology faces significant cuts, including the potential closure of its Bellingham office. As with much of the rest of the state’s operating budget, the Republican-oriented Senate wants to trim part of Ecology’s budget for 2013-2015. The Senate’s Majority Coalition Caucus — an alliance of 23 Republicans and two Democrats — believes the ecology department has become too fat and should be trimmed to become more cost-effective. The ecology department disagrees. The Bellingham office plays a variety of roles, ranging from helping out in the response to the recent I-5 bridge collapse to working on the review of a proposed coal port north of the city.

John Stang reports.

Congressman Kilmer Public Events Coming Up this week. May 28 to 31st.

Congressman Derek Kilmer is back in the district looking for feedback on issues. Please attend one of several upcoming town halls. Congressman Kilmer scheduled next week to ensure your voice is heard on issues such as Wild Olympics, funding of environmental projects, rebuilding infrastructure, and of course, how all this relates to job creation, still an incredibly important aspect of our rural counties.

Tuesday, May 28th – Port Angeles
12:00pm – 1:30pm
Peninsula College, The Little Theater
(In Building J, the Pirate Union Building)
1502 E Lauridsen Blvd
Port Angeles, WA 98362

Tuesday, May 28th – Port Townsend

5:00pm – 6:30pm

Fort Worden State Park Conference Center

Fort Warden Commons in Company A

200 Battery Way

Port Townsend, WA 98368

Friday, May 31st – Aberdeen

12:00pm – 1:30pm

Rotary Log Pavilion

1401 Sargent Blvd

Aberdeen, WA 98520

Analysis on Federal Ruling Forcing Culvert Repair -NWIFC

Want to more fully understand last Friday’s landmark ruling that forces the State to accelerate it’s timetable for replacing fish-blocking culverts? Here’s a good place to start: Billy Frank Jr and Ron Allen comment for the NW Indian Fisheries Commission.

OLYMPIA – The state of Washington must fix fish-blocking culverts under state-owned roads because they violate tribal treaty rights, federal Judge Ricardo Martinez ruled on Friday, March 29.

“This is a historic day,” said Billy Frank Jr., Nisqually tribal member and chairman of the Northwest Indian Fisheries Commission. “This ruling isn’t only good for the resource, but for all of us who live here. It will result in more salmon for everyone. This is a great victory for all who have worked so hard to recover wild salmon.”

Read the whole article at:

Roundup of other culvert coverage:

Environmental Group Fights Delay In Marbled Murrelet Habitat Protections – Earthfix

For those who may not have been here in the 70s and 80s, the Marbled Murrelett and the Spotted Owl have been the indicator species that triggered limits on harvest of the remaining old growth forest on the Olympic Peninsula (there was less than 5% remaining of it when the Federal Government stopped harvest due to habitat destruction to these birds). Since the 80s, the timber industry has done all it can to remove these protections, as the remaining timber is very valuable, and unavailable for harvest at this point, but the environmental legal teams have been able to prove to the courts scientifically that cutting more would mean the loss of the birds here. The battle is far from over, as this story from Earthfix shows. How much is at stake is an open debate point, and the issue has been used to inflame rural communities that were suffering from loss of timber jobs since the late 70s. The story that has never been adequately covered is that the loss of these jobs were heavily influence by the very companies that criticized the rules, as they had got Congress to open the shipping of raw logs to Japan. Smaller outdated mills could not compete, or afford to change. Also advancements in mechanized cutting came in at the same time, making many jobs obsolete. The story of the “spotted owl” is so much more complex than it was presented. And so, the 2013 chapter of the ongoing drama over the “Spotted Owl”.

An environmental group has stopped an agreement between the timber industry and federal wildlife officials that would have delayed new protections for a threatened seabird. The U.S. Fish and Wildlife Service settled with the timber industry group, the American Forest Resource Council, last summer, to avoid a legal battle over for the marbled murrelet. The industry group argued that maps of protected areas called “critical habitat” had been done improperly. Fish and Wildlife agreed to suspend the current maps ­ but draft new ones. But, that agreement, and the protracted timeline ­ that it would take five years ­ drew a legal challenge from the Center for Biological Diversity. Rob Manning reports.

WA State Bills to Oppose -E2SSB 5219 – Water Resource “Use”

E2SSB 5219: Retaining water resources to assure the vitality of local economies.

Requires DNR, PRC and WDFW to report unused water and forces the state to “use” water rights that are connected to public lands for out-of-stream purposes, which is unnecessary as the state has trust a trust water rights program.

Seems like another government forcing of “use” of water rights for non stream purposes. Sounds like an incredibly bad idea on it’s surface. Senator Hargrove appears to be supporting this and it would be beneficial to have him explain why this law is needed.

I can’t believe that the Tribes would support this, for example, given the battles to restore endangered salmon runs.

WA state bills to oppose – ESSB 5200 and HB 1375 – Water exemptions

ESSB 5200, HB 1375: Concerning consolidating a new exempt withdrawal of groundwater into an existing public water system.

Concerns consolidating a new exempt withdrawal of up to 5000 gallons per day of groundwater into an existing public water system to serve a proposed new development with water that would otherwise be withdrawn for beneficial use under a permit exemption. Bill creates confusion when determining if water is “legally available” for increasing water in a municipal system’s water right. A standard for “legal availability” is important to preventing harm to instream flows and senior water rights.

I’m really unclear here of what is being asked by this bill. Analysis by those smarter than this reporter seems to point to a water giveaway, needing additional work to determine what really is available. Appears to be better to ask to kill this bill than find out we’ve allowed a large gaping hole to drive development through.

Perhaps Representative Van De Wege, who is on the House Ag and Natural Resources committee can explain why this should be supported.

To be clear, no action has been taken on this bill since late February, so my guess is that it’s dead.

But, oppose this bill.

U.S. Senate committee approves Sally Jewell’s Cabinet nomination – Seattle Bizjournal

Now for confirmation. Maybe our legislators can get something done back there.

Sally Jewell’s nomination as Interior Secretary won approval (Thursday) morning from the U.S. Senate’s Energy and Natural Resources Committee. The committee voted 19-3 in favor of the Recreational Equipment Inc. (REI) chief executive’s nomination. Sen. Maria Cantwell, D-Wash., a member of the committee, voted in favor of confirmation. Jewell’s nomination by President Barack Obama will go before the full Senate for final approval.

Obama to designate national monument in San Juan Islands – Seattle Times

Congratulations to those in the San Juans who fought for years to get these fabulous locations down near Cattle Point and the Iceberg Point designated. Having sailed through Cattle Pass, (after having been checked out by an Orca who swam up and dove under my bow), I can attest that it is a most spectacular island location. I add it here because I know that many of you sail from here to the San Juans, and feel like it’s part of the neighborhood.

President Obama plans to designate a national monument in the San Juan Islands, handing a long-sought victory to island residents and members of Washington’s congressional delegation. Obama will sign a proclamation Monday creating the monument, a White House official said Thursday.

Jim Brunner reports.

Senator John McCain calls NW Salmon restoration projects “Pork-Barrel”

Isn’t politics wonderful? Here’s a reader challenge: Find one small part of the military budget that is not involved in direct combat activities, cut it, and save all the money being spent by our government on salmon restoration in the NW, including Alaska. As Chris points out, apparently $884M is being spent on Salmon recovery this year. A good start on figuring out what the military spends is located here:

As you can see, in the last budget, military construction was up 19% (!) to 23.9 Billion dollars. This 19% was above what the President requested. Perhaps the correct answer is to call salmon restoration “Military Construction” as it protects our local free food sources in the event of a war? Then we could add it to the budget, and find that Senator McCain suddenly needs it funded. Has there ever been a military program he has not wanted to fund? (update:actually this is happening already. The mitigation funding for environmental degradation that the Navy is providing to the Hood Canal Coordinating Council to help distribute to environmental restoration projects includes salmon recovery. Mission Accomplished!)

Or perhaps we can find $880B under the “Operations and Maintenance” budget, since likely we could feed restored salmon runs to the military. That budget was up 4.2% last time.

Let’s make sure we understand this fact, that the total of all salmon restoration projects for all the Pacific NW including Alaska is approx. $880M, which we will round up to $1B. This is 1/683rd of the last total military budget. But please, check my math. It’s not my strong suit.

And this isn’t all we are spending our tax dollars on to protect us. The list is long.
DOD which we have been describing is separate from: FBI Counter-terrorism, International Affairs, Energy Department defense spending, Veterans Affairs,Homeland Security,NASA defense related satellites, Veterans Pensions, Other defense related mandatory spending, and yes, interest on debt from past wars. (!)

While I am not advocating cutting spending on all these (as the Republican fueled sequester is actually doing), I am saying that to come out against salmon recovery when these budgets are not even being evaluated for waste reduction, in an era when our troops are coming home and we are getting out of a war, is quite the ‘whipping boy’ for the real issue. It seems that some of our politicians cannot see to give us any kind of “peace dividend” for our 10 years of sacrifices, both in taxes of our incomes, to the funding for young men and women that have been killed and maimed for our politicians demands of invasion of Iraq and Afghanistan. A good friend lost his son there, so this is real to me. And Patty Murray still has to fight against the other side of the aisle, McCain’s side, to get any real increase in Veterans’ funding for the wounded coming home. The Sequester will slash spending there, too.

If we ever decided that our needs for this kind of spending of our tax dollars on our maintaining a world wide military against the possibly of a war, were not as high as we thought, we might see not only real substantial spending to restore salmon, far beyond what we are doing now, but also might see the kind of local investment I see in Canada. There, almost every small town has a nice swimming pool for their citizens, courtesy of the federal government. They have universal health care so mothers don’t have to make the hard decision if they can afford to take their sick children to the hospital ER and also afford the cost of medicine for them, as I’ve heard some of our local mothers talk about. And then there’s the issue of properly funding education. The list is long. This isn’t a hard thing to understand. We spend a huge portion of our budget (20%) on defense related spending. But even the Canadians have allowed their latest government to swing the priorities into decreasing everything but defense.

Senator McCain’s ‘side-show’ of political off the cuff comments is very much in line with his long history of this kind of balderdash. To put a lot of stock in his comments is simply to give the fool more PR. But since he asked for it, I think he deserves a bit of retort. Frankly, given the disasters he has helped foment in the last two elections for his party, it’s likely time for him to retire to one of his many homes around Arizona.

This is a good reason to subscribe to the Kitsap Sun. They still are supporting real journalism.

U.S. Sen. John McCain has thrown together a list of “egregious pork-barrel projects” found in the Democrats’ proposed spending bill to avoid a government shutdown. To my surprise, his list is topped by funding to restore Northwest salmon runs. In a news release, McCain said he couldn’t understand why such funding wasn’t cut from the proposed continuing resolution to fund the government until the end of the fiscal year.

Chris Dunagan blogs. Saving salmon tops McCain’s list of wasteful projects

Tuesday is Environmental Lobby Day! Feb 19th

Part of the group from Port Townsend at Environmental Lobbying Day 2009

Part of the group from Port Townsend at Environmental Lobbying Day 2009

2013 Environmental Lobby Day is coming up February 19 at United Churches of Olympia. Pre-registration closes Friday, February 15 at 8pm– which means that after Friday, you are still welcome to attend but registration will be $20 instead of $15 for adults, $10 for students.

There’s a lunch option for $12 and bus transportation along the I-5 corridor from Bellingham south for $25.

There is carpooling available from PT, leaving at 6AM and leaving Olympia at 4:30 PM

Register today: Environmental Priorities Coalition,

Maia Bellon named as Director of Department of Ecology by Gov Inslee

OLYMPIA – Governor Jay Inslee today named Maia D. Bellon as the new director of Washington State’s Department of Ecology. Bellon currently heads the Water Resources Program at the Department of Ecology, where she has worked since 2010. She was named head of that program in July 2011. Prior to that she spent i5 years in the Attorney Generals office leading litigation support for Ecology’s water resources, shore lands, toxic cleanup and air programs.

Bellon led efforts to bring Lean management practices to state’s water management program. This year she was honored with the department’s Director’s Choice Award.

“Maia will be an effective leader in our efforts to work on natural resource and regulatory issues that are of huge importance to many in our state,” said Inslee. “She brings a keen understanding of key issues such as water management that have implications for both our quality of life and our economy.”

Bellon will also play a key role in shepherding Inslee’s first piece of executive request legislation, the Yakima River Basin Water, Jobs and Fish Bill. The bill implements a consensus plan that addresses a broad array of water issues in the basin, posing threats to area salmon stocks and to Yakima’s agricultural and food industries.

“Although work in the natural resource arena faces complicated challenges, there are many opportunities we can all work towards,” Bellon said. “Under the governor’s guidance, we will look to shape balanced solutions that preserve the quality of life Washingtonians expect.”

As the program manager for Ecology’s Water Resources Program, Bellon oversees management of the state’s water resources, including allocation of water and protection of water rights.
Before working for Ecology, Bellon was an Assistant Attorney General assigned to Ecology’s Water Section. She is a graduate of the Evergreen State College and the Arizona State University College of Law.

Ms. Bellon has been in charge of the contentious “in stream flow” program, during a period of time where it appeared able to function better than it had prior to her arrival as program manager.

Rumor Central: Now REI’s Sally Jewell considered for Sec. of Interior?

Your Saturday Political Intrigue to go along with Netflix’s Americanization of “House of Cards”. The latest rumor coming out of Washington, Ex-Govenor Gregoire may be in competition with Sally Jewell, CEO of REI for the post of Sec. of the Interior. I’d bet on Gregoire though I would prefer seeing Jewell in the role. I don’t have any questions about Jewell’s credentials as an environmentalist.

And if you didn’t watch the BBC version of House of Cards, you likely will really like the American version now streaming on Netflix. I watched the BBC version some years ago and it was excellent, a thriller based on political intrigue. I always love seeing a bit of the pulling back of the veil around how politics works. In this state, after courting and getting the environmental vote, Gov. Inslee sponsors, as his first bill, an act that angers 29 environmental groups, many of whom have been his allies. Would love to be a fly on the wall for how that happened, and what the political give and take was that allowed him to support it. As the old saying goes, “follow the money”.

Peninsula Representative Put Forward Bill to Allow Ban on Net Pens

Representatives Van de Wege and others put forward a House Bill (1599) to allow counties to prohibit net pen aquaculture in their Shoreline Master Programs (SMPs). Currently, there is no provision to allow an outright ban. I assume that this is in response to our county commissioners being stalled for months by the Department of Ecology’s refusal to allow pens to be prohibited by county governments. It now needs a Senate companion bill, and time will tell how much opposition this runs into by the industry. We will continue to track this bill in the coming months.

Gregoire announces 280 additional acres of Hood Canal now open for shellfish harvest – Bremerton Patriot

Little by little, with enforcement of septic tank inspection and upgrade, and adding of wastewater treatment, we are getting back our shores to where they need to be. A little good news…

Gov. Chris Gregoire today announced that an additional 280 acres of Hood Canal shellfish beds in Mason County have been upgraded by the state Department of Health from “prohibited” to ”approved” for commercial harvest. With this upgrade, the region is 51 percent of the way toward reaching the goal to reopen 7,000 acres of shellfish beds between 2007 and 2020, a vision outlined in the Puget Sound Partnership’s Action Agenda.</blockquote

Read the rest of the story at

Obama Administration pulls fast one on Supreme Court re:case on salmon protection

A most astonishing gambit was played in Washington at the Supreme Court yesterday, as the Obama administration changed a rule in the EPA, apparently to get out of having the Supreme Court rule on whether the Clean Water Act should be applied to logging roads. It seems to be a give away to the logging industry to allow them to continue creating logging roads without significant environmental review. The EPA came out of left field yesterday, as the court was hearing the case (!), to say that they no longer would consider logging road runoff as “industrial waste” though it’s creation is clearly caused by industrial activity. Whether or not this runoff would or should be considered as covered by the Clean Water Act is now moot.

This is interesting in many ways, as the ruling was apparently held until the last minute, maybe until after the election, on purpose, by the administration. They had warned the Justices back in the spring that there was new rules coming that could affect the case, but chose to wait until now to roll them out. One can assume so as not anger their environmental supporters prior to election day. An explanation by the EPA and the Administration would seem in order.

Once again, those who are trying to protect the salmon habitat from ongoing destruction, find that even our ‘friends’ in Washington DC can decide to change the rules to favor the ongoing logging practices. These industrial made culverts have been the reason for hundreds of thousands of miles of sediment runoff, over many decades, that many people have considered to be one of the primary reasons that salmon numbers have fallen so much since the 60s. It is certainly questionable, given the court’s interpretation of the Clean Water Act in previous rulings, whether it would have found in favor of the environmental side, but this now forces a rethink of the tactic, let alone of Administration motives. I would assume additional lawsuits against the runoff rule, will be forthcoming. A good guess would be that this could trigger tribal interests to weigh in. They have been very vocal that the government is not helping to protect watersheds. This should provide fuel to their argument, and might get them to invoke Treaty protections. Just last month, at the NW Straits Marine Resources Committees Annual Meeting, Billy Frank Jr. was telling people that after his trip back to meet with President Obama and others in the administration and Congress, that he felt that “no one is in charge” of salmon recovery. Now it seems that the administration could be pushing Billy and the NW Indian Fisheries Coalition to weigh in and take action in the courts.

Read the interesting back and forth between an astonished Chief Justice Roberts and the government side lawyers, who can’t even agree among themselves as to the proper course of action after this ‘rabbit out of the hat’ move.


Nov 5: Jefferson County Dept. of Community Development Public Meeting

Jeff County DCD Director Carl Smith Discusses Departmental Improvement
Nov. 5, 7:30pm
Quimper Grange
1219 Corona Street (End of Sheridan)

On Monday, November 5, Quimper Grange will host a talk by Jefferson County Department of Community Development Director Carl Smith, who will discuss the ongoing improvement program in the Department of Community Development (building & development permits). Smith will address the need for changes in the department with an overview of the DCD including staff, budget and recent years of permitting activity. He will also cover the process, elements and results of the improvement efforts. Attendees will learn how and why DCD is working toward providing improved service, the ways in which DCD will track performance over time and inform the community, and the preliminary signs of the improvement.

Carl Smith’s background includes more than 20 years experience as a land use planner, including more than ten years of senior management experience directing community development departments for local governments in Alaska and Washington State.

He was most recently the Lands Manager for a Native village corporation and also served as Planning Director for Bristol Bay Borough, Alaska. He previously held a management position with the Port of Tacoma, and before that, directed planning and permitting for the cities of Fife, Woodinville, and Mountlake Terrace. Smith holds a Master’s degree in Environmental Planning, a Bachelor’s Degree in Biological Science, a certification from the American Institute of Certified Planners, is a LEED Accredited Professional, and holds numerous other professional certifications. Because of his affection for the area, he has owned 5 acres of property in Quilcene since the late 1990s where he built a house in 2006 and now resides.

The program starts at 7:30 pm and is preceded by a potluck dessert/fingerfood social half-hour from 7pm to 7:30pm. Suggested donation: $5-$10. For further information contact: Charlotte Goldman at 385-3455

Pesticide protections for Pacific salmon head to court. – KPLU Pesticide protections for Pacific salmon head to court.

An East Coast court case could have big impacts on West Coast fish, and farmers too. Chemical manufacturers are suing the federal government to get a rule restricting pesticide use wiped off the books. In 2008 the National Marine Fisheries Service ruled a certain class of pesticides is a mortal threat to salmon and steelhead populations. Organophosphates are common on farms, and used to be widely used in gardens before regulators phased them out. Gabriel Spitzer reports.

Permit fee added for construction near state waters – Kitsap Sun

If people won’t approve new taxes, and the job of permitting needs, by law to be done, we best expect and get used to higher fees for everything. Welcome to the future that so many anti-tax people were selling us. (and this happening under a mostly Democratic legislature!) You thought that being anti tax would reduce your costs? Certain laws of nature are not going to go away.


A permit for construction in and around state waters — free of charge since the program started in 1943 — will now cost $150 for processing. The permit, called a hydraulic project approval, or HPA, is used to ensure that construction projects adequately protect fish and shellfish. Christopher Dunagan reports.


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