Environment Archives - Page 22 of 107

Court Case Is The Latest Battle In Water Wars Of The Skagit River

Richard Fox and his wife, Marnie, want to build a house and garage on their property near the Skagit River. The state says they can't have access to the water necessary to approve their building permit.ASHLEY AHEARN — Richard Fox and his wife, Marnie, want to build a house and garage on their property near the Skagit River. The state says they can’t have access to the water necessary to approve their building permit.
ASHLEY AHEARN

By Ashley Ahearn, Earthfix

SEDRO-WOOLLEY, Wash. — The house was going to be modest, 1,300 square feet with a big porch looking out over acres of fields. Next to it would be a garage with a caretaker’s apartment over it.

“I’m kind of an old guy already,” Richard Fox said, standing in the pouring rain on his property and gesturing to the spot where he and his wife’s dream retirement home was to be built. A handful of drenched cows looked on, vaguely curious.

“We’re not trying to break the law. We’re just trying to build a house. That’s all we’re trying to do,” he said. “Let us move on with our lives.”

Richard and Marnie Fox already have the plans in place. The well is drilled. The septic is in.

But Skagit County won’t issue them a building permit. By doing so, the county says, it would be violating a rule established in 2001 that says there has to be a certain amount of water left in the Skagit River to protect fish. And drilling more domestic wells like the Foxes’ will deplete the flow of the river.

The case will be heard Tuesday in Snohomish County Superior Court. The Washington Department of Ecology and the Swinomish Tribe are intervening in the case.

This is just the latest skirmish in an ongoing war over the future of water use in the Skagit River watershed. The Foxes are one of more than 450 homeowners who have been denied access to well water because of what is called the Instream Flow Rule. The rule established a water right for fish that trumps property owners who want to tap into groundwater reserves after the rule went into effect in 2001.

The rule has meant precipitous drops of up to 80 percent in property values for those 450-plus homeowners because the state has effectively invalidated their water rights.

For those landowners and other would-be developers in the area it’s a tough pill to swallow; especially when it’s pouring rain and there are flood warnings in place for the Skagit River.

For Richard Fox, it doesn’t help that his property has turned into a mini-lake. But that is not always the case. During the late summer months conditions here and elsewhere in the Skagit basin are dry. That’s when groundwater is a critical source of water for the Skagit and its tributaries. If more property owners, like the Foxes, are allowed to suck groundwater out via their wells, that will take water away from fish when they need it most, Ecology and the Swinomish Tribe assert.

During the drier parts of the year, groundwater can make up between 40 and 90 percent of the water in Skagit River tributaries (of which there are more than 2,000), according to research done by the Department of Ecology in preparation for the 2001 Instream Flow Rule. Other research from the U.S. Geological Survey supports those findings.

“This is the critical timing problem that we face,” said John Rose, a hydrogeologist with the Washington Department of Ecology. “We have these periods where the primary amount of inflow into our rivers is groundwater. It happens when we’re having the biggest drawdown due to human use and then right immediately afterwards, when we’re at the lowest levels, is when you have the fish runs.”

It may seem like an intractable problem, but Ecology has been exploring ways to offset the water usage of new development by installing rainwater catchment systems and trucking in water. Ecology is also speaking with hydropower operators on the river – Puget Sound Energy and Seattle City Light – to see about getting them to release more water from above the dams during those late summer months to accommodate the higher demand.

However, the dam operators have their own set of problems, as they face a future with less glacial runoff to supplement their reservoirs.

Rainwater catchment systems present an added cost for property owners, as do water truck deliveries.

“It’s just not necessary,” said Zachary Barbornias of Just Water Alliance. “Who’s going to pay for that?” Just Water Alliance has joined with Washington Realtors, the Building Industry Association of Washington, the Washington State Farm Bureau and others to petition the state to repeal the instream flow rule, arguing that Ecology’s proposed mitigation attempts are costly and “provide little or no actual benefit to instream resources.”

Zachary Barborinas is the head of the Just Water Alliance, which opposes the instream flow rule because it limits development. Credit: Ashley Ahearn.

“We support all of the habitat restoration that goes on and millions that are spent. We, as taxpayers, pay for that,” Barborinas said, “but Ecology at the same time should be setting aside water for people. That’s the bottom line.”

In 2006 Ecology brokered a deal with Skagit County that would have satisfied Barborinas and other landowners by changing water allocations in order to allow for development in the Skagit basin. The Swinomish Tribe sued Ecology, saying it had no right to change the rule to allow for any more wells. That battle went all the way to the State Supreme Court, which ruled in favor of the Swinomish in October of last year.

The Fox case represents the next round in the ongoing legal battle between development interests and environmental interests in the Skagit watershed, and it is wearying for everyone.

“Washington State Supreme Court has ruled on this issue already,” said Larry Wasserman, referring to the 2013 State Supreme Court decision. Wasserman is the environmental policy director for the Swinomish Tribe, which is intervening in the Foxes’ case on Tuesday. He’s worked on this issue on behalf of the tribe for more than 20 years. “This is settled law and the science behind that rule and that law has been well established, well vetted and supported fully by the Washington Department of Ecology.”

The Swinomish and other tribes argue that the river has been depleted, bit by bit, as each new home or development has gone in over the years and no further groundwater depletion should be allowed.

“At some point you reach a point where any additional impact is too much,” Wasserman said. “And if we say, ‘Well just these 400 or 500 landowners’ [which would include the Foxes], what happens to the next landowner that comes along and makes the same argument, and the next one after that? The issue is we have an inadequate amount of water right now.”

The Swinomish Tribe and Ecology have both indicated that they will appeal if the court rules in favor of granting the Foxes a building permit on Tuesday. And so the fight will go on, with countless more dollars spent on legal fees by the state, the tribes and building interests.

“This is kind of ground zero for the state right now for water issues,” Barborinas said. State legislators have been meeting with interested parties in the Skagit to brainstorm possible legislative solutions to the water fight.

Cascadia’s Locked Fault Means Massive Earthquake Is Due in Pacific Northwest: Seismologists

U.S. Geological Survey/AP PhotoThe mechanics of a subduction zone. — U.S. Geological Survey/AP Photo
The mechanics of a subduction zone.

Terri Hansen, Indian Country Today

The Cascadia fault in the Pacific Northwest is locked up, meaning that a massive megathrust earthquake could occur at any time, seismologists are warning.

“It’s impossible to know exactly when the next Cascadia earthquake will occur,” said Evelyn Roeloffs of the U.S. Geological Survey, speaking last year on the 313th anniversary of a massive quake that hit in 1700—the last major one in the region. “We can’t be sure that it won’t be tomorrow, and we shouldn’t make the mistake of assuming we have decades to prepare.”

The tectonic plates normally glide and rub against each other, but periodically they become wedged together. When the fault quits sliding and becomes “locked” in place, it builds energy until it finally ruptures, relieving hundreds or thousands of years of stored-up stress in seconds, Roeloff said.

Now, earthquake scientists from Canada and the U.S. who monitor seismic activity along the Cascadia coast have concluded that the dangerous fault line is fully locked, which carries serious implications for an earthquake in the Pacific Northwest.

“What is extraordinary is that all of Cascadia is quiet,” University of Oregon geophysics professor Doug Toomey told the Associated Press earlier this month.

Research on the Cascadia Subduction Zone in 2012 and 2013 led researchers to similar conclusions.

A big unknown, Toomey told AP, is how much strain has accumulated since the plate boundary seized up, and how much more strain can build up before the fault rips and unleashes a possible magnitude 9.0 megaquake and tsunami.

“If there were low levels of offshore seismicity, then we could say some strain is being released by the smaller events,” Toomey told AP. “If it is completely locked, it means it is increasingly storing energy, and that has to be released at some point.”

Toomey said he is “very concerned” and said it is imperative that people in the Northwest continue to prepare for a big earthquake.

Cascadia’s Subduction Zone is a very long, very dangerous undersea fault that divides the Juan de Fuca oceanic and the North America continental plates. It runs from British Columbia down through Washington and Oregon and into northern California, as does a volcanic mountain range.

The fault has produced at least seven magnitude 9.0 or greater megathrust earthquakes in the past 3,500 years, a frequency that indicates a return time of 300 to 600 years.

The massive earthquake on the night of January 26, 1700, was one of the world’s largest. The Cascadia fault ruptured along a 680-mile stretch, from the middle of Vancouver Island to northern California, producing tremendous shaking and a huge tsunami that swept across the Pacific.

The oral history of the Makah Tribe in Washington tells of a huge earthquake that happened in the middle of the night long ago. Those who had heeded their elder’s advice to run for high ground survived. After spending a cold night in the hills with animals that also had fled the rushing waters, the survivors found that their village, along with neighboring coastal villages, had completely washed away, leaving no survivors.

Today it’s quite common to see cars backed into parking spaces in the tribal coastal villages in Washington so that in the event of a tsunami warning, drivers can make a fast getaway to higher ground. And at least one tribe, the Quileute Nation, is moving its coastal village away from the tsunami danger zone.

An emergency kit and plan are important first steps in being prepared. Download the Red Cross Earthquake Safety Checklist to learn more. Those with smart phones can text “GETQUAKE” to 90999 or search “Red Cross Earthquake” for their mobile app in the Apple App Store for iPhones or Google Play for Android.

Obama Names Two Tribes Among 16 Climate Action Champions Nationwide

Indian Country Today

Two tribes are among 16 communities across the U.S. designated by President Barack Obama as Climate Action Champions, “a diverse group of communities that are defining the frontier of ambitious climate action, and their approaches can serve as a model for other communities to follow,” the White House said on December 3.

The Blue Lake Rancheria Tribe of California and the Sault Ste. Marie Tribe of Chippewa Indians each won for a diversity of efforts in preventing, preparing for and adapting to climate change.

The designees “have considered their climate vulnerabilities and taken decisive action to cut carbon pollution and build resilience,” the Obama administration said. All were winners in a nationwide competition launched by the Department of Energy during the fall that was designed to identify and recognize climate leaders as well as provide them with federal support in mitigating and adapting to climate change.

The federally recognized Blue Lake Rancheriatribe of California created its climate action plan back in 2008, the White House said, calling it “a regional leader in strategically planning and implementing both climate resiliency and greenhouse gas reduction measures.”

Such measures include reducing energy consumption by 35 percent, committing to reduce greenhouse gas emissions 40 percent by 2018, powering public buses with biodiesel fuel and adopting other energy-efficiency initiatives.

The tribe’s overall environmental programs date back to 1997, according to its website, and are rooted in a deep-seated sense of responsibility not only to its own lands but to those outside the borders.

“The Blue Lake Rancheria’s responsibility to protect the land does not stop at the boundaries of the Rancheria,” the tribe’s environmental pagesays. “The ancestors of Tribal Membership ranged all across the spectacular landscape of Northern California. Further, they had a relationship with the land that was immediate, personal, and binding—and that relationship continues through their descendants. Respect and stewardship of the environment is a powerful tenet of the Tribe’s philosophy and operations today.”

In Michigan, the Sault Ste. Marie Tribe of Chippewa Indians“demonstrates a holistic approach to climate action and preparedness through their energy strategy, emergency operations plan, integrated resource management plan, solid waste management plan, sustainable development code, and land use planning process, with ambitious goals including a net-zero energy goal,” the White House said. “The tribe aims to reduce greenhouse gas emissions by four percent per year.”

Sault Tribe Environmental Program Manager Kathie Brosemer credited the tribe’s diverse efforts in not only climate change but food security, emergency preparedness, waste reduction and other areas, she said in a statement.

“I am so proud of my administration’s Natural Resources, Health, Traditional Medicine, Housing, Law Enforcement, and Planning in pulling together our call to action to protect our Aki (Mother Earth),” said Tribal Chairperson Aaron Payment in the Sault Ste. Marie statement. “I appreciate the President recognizing our excellence.”

Each community will be mentored and coached by other experts from various federal programs, the White House statement said. In addition, each one will be assigned a coordinator to act as a liaison between the federal agencies, national organizations and foundations that are supporting the designees. The coordinator will also scout out and notify the champions of any funding and technical assistance that they are eligible for.

Such support includes tribal-focused technical assistance geared specifically toward the two designated communities. The two tribes will be eligible to participate in the DOE Office of Indian Energy Strategic Technical Assistance Response Team (START) program, which provides in-depth technical know-how. Other customized technical assistance will be offered as well, the administration said, along the lines of support for projects and programs that promote the development of clean, efficient energy.

Meet DOE Tribal Energy Expert David Conrad

Inslee warns of ‘malarkey’ and ‘assault by polluting industries’

By Joel Connelly, Seattle PI

Washington is going to witness “an assault by polluting industries” against efforts to reduce carbon pollution and retool the state’s economy around growth of clean energy, Gov. Jay Inslee warned a supportive Seattle audience on Friday.

Inslee: The polluters are coming, the polluters are coming

Inslee is preparing a four-day “agendathon” next week in which he will unveil education, transportation, pollution and tax proposals. He previewed his proposal, in populist tones, to a Washington Budget and Policy Center Conference.

The polluters — he didn’t name names — will “try to convince low income people that asthma is not a problem, that ocean acidification is not a problem,” Inslee charged. He warned that arguments by greenhouse gas emitters, perfected in California, will be deployed up the coast.

“The polluting industries are going to spend unlimited resources, unlimited dollars to convince you that unlimited pollution is a good idea,” Inslee exclaimed. ”You’re going to read the op-eds. You’re going to see the television commercials. It’s a bunch of malarkey.”

The governor’s remarks offered a prelude to what might become the state’s second seminal public battle over pollution and protecting its environment.

Republican Gov. Dan Evans went on a statewide television hookup in 1970, appealing over the heads of Republican and Democratic legislators who were blocking a package of laws that created the Washington Department of Ecology. Evans won the face off.

Four decades later, the state Republican Party is demonizing Inslee’s carbon-reduction program before it is even introduced. The GOP has raised the prospect of $1-a-gallon gasoline price increases. Such a gas price hike “is not going to happen,” Inslee said Friday.

The governor said his carbon reduction/energy program, which he will outline at REI’s Seattle store next Wednesday, is not just “happy granola.”

He will, said Inslee, present a program to reduce emissions of carbon dioxide. “It is the law of this state that we reduce carbon pollution to 1990 levels by the year 2020,” Inslee said.

The program will include not-yet-specified incentives to “grow our economy, grow jobs and reduce economic inequality” in Inslee’s words. He has, as candidate, book coauthor (“Apollo’s Fire”) and governor touted clean energy industries as the 21st century’s path to economic growth.

Inslee talked of a recent meeting with inner city school students who live along the Duwamish Waterway, next to an industrial Superfund site and close by a freeway.

“What these students were showing was that there is an incredible increase in asthma the closer you get to the freeway,” Inslee said.

“We don’t find many high tech millionaires living next to freeways and large industrial areas” — Gov. Inslee. The Duwamish River, an EPA Superfund site, pictured from the air. Photo by Paul Joseph Brown, Seattle Post-Intelligencer

The governor argued that all forms of pollution hit hardest at low-income residents. “We don’t find many high tech millionaires living next to freeways and large industrial areas,” said Inslee.

The governor even evoked forest fires — increasing in scope and intensity with global warming — as a source of pollution that hurts the poor. He made specific reference to the 230,000-acre Carelton Complex fire in north-central Washington last summer.

“You know who is really suffering in the Okanogan Valley right now? It’s the low-income folk,” said Inslee.

(Several of the governor’s most prominent “green” contributors have summer homes in the Methow Valley upriver from the scene of the fires.)

The passion in Inslee is genuine, a conservationist ethic that began when his biology teacher father took him to Carkeek Park and explained the life cycle of a clam. The governor has warned of ocean acidification and its danger to the state’s $300 million-a-year shellfish industry.

At the same time, however, a Republican-controlled state Senate will have great influence over his agenda. The “green” color of Seattle-area technology firms is balanced by refineries, railroads, industrial ports and resource industries.

Republican State Sen. Baumgartner: Warns against tax, revenue proposals that would disrupt economic recovery.

Just before Inslee went on, state Sen. Michael Baumgartner, R-Spokane, warned the liberal audience that the state faces difficult choices and flagged opposition to any proposals that would hurt the state’s business climate.

Inslee can take hope in results of a new statewide business poll, conducted for Gallatin Public Affairs and the Downtown Seattle Association.

A majority of likely voters, at 53.7 percent, said it would support a tax on carbon if the levy is offset by lower sales and business taxes, with only 32.6 percent opposed.

A California-style cap and trade approach, a “free enterprise” solution once lauded by Republicans — but now decried as “cap and tax” by such figures as Sarah Palin — was favored by 51.4 percent of those surveyed.

Inslee is set on framing the statewide debate.

At one point Friday, he declared: “What we can’t tell these (low-income) kids is they are going to have to swallow asthma.”

Yakama Nation Sues Army Corps Over Columbia River Cleanup

Yakama_Sue_Army — For decades the Army Corps of Engineers used Bradford Island near the Bonneville Dam as a dumping ground. Toxic chemicals leaked into the Columbia River. The island is also a historic fishing site for the Yakama Nation. | credit: Flickr Creative Commons: A. F. Litt

By Courtney Flatt, NPR

For decades the Army Corps of Engineers used an island near the Bonneville Dam as a dumping ground. Toxic chemicals leaked into the Columbia River. The island is also a historic fishing site for the Yakama Nation.

The tribe is now suing the Corps to recover costs from helping clean up the contamination.

In 2003, the Corps removed electrical equipment and contaminated sediment found at the bottom of the river. In 2007, it dredged the area to remove more contaminated soil.

Tests show toxic materials like PCBs, which were banned in the 1970s, are still found in resident fish – even after the Corps finished cleaning up Bradford Island. The Yakama Nation says the PCB counts in resident fish are higher now than before the cleanup. No one is really sure why, but it’s possibly because of the way the sediment was disturbed.

Rose Longoria, the superfund coordinator with the Yakama Nation, said the tribe was not reimbursed for its efforts to help cleanup the site. The tribe is asking for about $93,000, although that number could change.

“More importantly, we want to make sure that we have a very definitive role in the decision making process so that we can ensure that the cleanup actually is protective not only the resident fish but all the resources in that area,” Longoria said.

The Corps is looking at several options to continue cleaning up the island. A feasibility study is expected to be completed in 2015.

A Corps spokeswoman said she had not seen the lawsuit and could not comment.

A map of PCB fish concentrations in Washington.

Longoria said the Bradford Island cleanup is one of Yakama Nation’s top priorities, simply because of the level of contamination in the fish — and high counts of PCBs of other animals in the area, like osprey that eat small-mouth bass in the contaminated area.

Oregon and Washington have issued a do-not-eat fish consumption advisory for resident fish one mile upstream of Bonneville Dam. Migratory fish like salmon are still okay to eat.

“The PCBs in that resident fish tissue are a magnitude higher than PCBs in fish tissue in other locations,” Longoria said. “It’s rather astonishing how contaminated those fish are.”

Coho Salmon Eggs Put to the Stormwater Test

WSU toxicologist Jen McIntyre checks the condition of an embryo that was exposed to urban stormwater runoff. More pictures from the study can be found by clicking on the photo.

By Northwest Indian Fisheries Commission

Peering through a microscope at the Suquamish Tribe’s Grovers Creek Hatchery, biologist Tiffany Linbo uses two pairs of tweezers to gently peel the protective layer off an 18-day-old fertilized coho salmon egg.

The National Oceanic and Atmospheric Administration (NOAA) biologist needs to do it without piercing the yolk sac so Washington State University (WSU) toxicologist Jen McIntyre can take a closer look at the embryo’s health and development, such as heartbeat, blood flow and eye size.

Linbo and McIntyre are looking at eggs that have been exposed to urban stormwater runoff collected from roadways in Seattle; they want to know if the embryos show signs of developmental toxicity.

In a partnership with the tribe, the project is part of an ongoing study by NOAA, WSU, U.S. Fish and Wildlife Service, and Environmental Protection Agency to better understand how untreated urban stormwater is affecting coho salmon during their freshwater life stages in urban Puget Sound watersheds.

While it may be obvious that polluted water may be hazardous to salmon, “some as-yet unidentified chemicals in runoff are prematurely killing adult salmon as they attempt to spawn in urban streams,” said David Baldwin, NOAA research zoologist who helped design the study.

Since 2011, the scientists have been conducting similar exposure tests on adult coho salmon, studying fish behavior and toxicity levels in the organs. They have profiled the baseline chemistry of urban runoff across multiple storms, spanning multiple years.

The scientists are looking at the effects of different dilutions of stormwater on embryos compared to embryos exposed only to the hatchery’s clean well water. The team also is monitoring the development of eggs exposed to full-strength stormwater first filtered through experimental soil columns filled with sand, compost and mulch, mimicking bioswale filtration systems.

As for the eggs, it will take more than one storm to tell the story.

“We expect it will take multiple short exposures before we see effects on the eggs,” McIntyre said. “If the contaminants target the gills, the liver or the heart of the adults, those organs were not yet developed when we did the first exposure to the eggs.”

“In actual urban spawning habitats, salmon embryos develop over a period several weeks, during which they are likely to experience repeated rain events,” added Julann Spromberg, NOAA toxicologist. “We want our study to reflect this reality of multiple exposures.”

Warming Ocean May Be Triggering Mega Methane Leaks Off Northwest Coast

Sonar image of bubbles rising from the seafloor off the Washington coast. The base of the column is one-third of a mile (515 meters) deep and the top of the plume is at 1/10 of a mile (180 meters) deep. | credit: Brendan Philip / UW

By Ashley Ahearn, KUOW

SEATTLE — As the waters of the Pacific warm, methane that was trapped in crystalline form beneath the seabed is being released. And fast.

New modeling suggests that 4 million tons of this potent greenhouse gas have escaped since 1970 from the ocean depths off Washington’s coast.

“We calculate that methane equivalent in volume to the Deepwater Horizon oil spill is released every year off the Washington coast,” said Evan Solomon, a University of Washington assistant professor of oceanography and co-author of the new paper, which was published in the journal Geophysical Research Letters. The modeling does not indicate whether the rate of release has changed as temperatures warm, but it does strengthen the connection between ocean temperature and methane behavior.

Solomon and his colleagues first learned about the methane leaks when fishermen started sending them photographs of bubbles coming up out of the deep.

“They’re really low quality phone shots of their fish finders, but every single location they gave us was 100 percent accurate,” Solomon said.

On a cruise this past summer, Solomon and his colleagues gathered core samples from the ocean floor, about one-third of a mile deep, at the spots where the fishermen reported seeing bubbles.

And sure enough, mixed in among the sediment, were crystalized methane deposits.

“It looks like slushy ice,” Solomon said. But it certainly behaves differently. “If you took it from the sediment and lit a match or put a lighter on it, it will go into flames because of all the gas.”

Methane can exist in a gas, liquid and crystalline form. The crystalline version, or methane hydrate, occurs at cold temperatures and under pressure – conditions that can be found at certain depths of the ocean. But as deep sea waters warm, scientists believe those crystals will dissolve, releasing the methane in bubbles that can change ocean chemistry and contribute to atmospheric change once they escape at the sea’s surface.

“It’s a way to contribute to ocean acidification if you have a lot of this gas coming out and being oxidized in the water column,” Solomon said.

The methane release isn’t just happening in Washington waters, Solomon says. More sampling needs to be done but the same conditions for methane hydrate release exist from Northern California to Alaska. “So it’s not a Washington central thing,” says Solomon, who is looking forward to further study of this issue. “It should be happening off of Oregon, off of British Columbia as well.”

Other research has found similar patterns of methane release in the Atlantic and off the coast of Alaska.

“It’s a hot topic,” Solomon said.

Let’s Have Peace On Earth For Endangered Killer Whales

By Chris Genovall, Huffington Post, Canada

The holidays are a time for celebration as we come together with family and friends for seasonal gatherings or at places of worship. But this time of year should also serve as a time for reflection. We might do well to reflect on whether we will ever achieve “peace on earth” unless, and until, we are willing to extend goodwill and compassion to the non-human inhabitants (i.e. individuals, families, and communities) with whom we share this planet, especially those whose very existence hangs in the balance. Here in British Columbia, that means killer whales.

Two distinct populations of resident killer whales reside in B.C.’s waters. The Northern Residents are commonly found on B.C.’s north coast and the Southern Residents within the Salish Sea.

The Northern and Southern Residents differ in population size, population trends, dialects, and importantly, their status under Canada’s Species at Risk Act (SARA). The Northern Residents have a larger, more stable population and are designated as “threatened,” whereas the Southern Residents have an extremely small, declining population, and are designated as “endangered.” Their population has been hovering around 80 since 47 whales were captured and taken for the aquarium trade prior to 1974.

Owing to diminished numbers of Chinook salmon (their primary food), vessel disturbance and underwater noise, pollution, and now facing the pending threat of oil spills, Southern Resident Killer Whales confront a very uncertain future.

Recent viability analysis of their fate by Canadian and U.S. scientists gives them a 50 per cent chance of survival over the next 100 years. Sadly, the population projections for the year 2030 have already been realized, as the number of Southern Residents is now below 80 whales.

The recent death of J32, an 18-year-old breeding female, is a stark reminder of the precipice the Southern Residents stand upon.

Because Southern Resident Killer Whales have been lawfully classified as endangered, the federal government is compelled to implement a recovery strategy that ensures their survival. Yet, the government continues to delay implementation of a credible and comprehensive plan. Their current action plan lacks action, ostensibly because gaps in ecological research are deemed a reasonable excuse for inaction. Twice already, the federal government has lost in court for their failure to act in accordance with science and the law to protect these animals.

After more than a decade of waiting, the Southern Residents are no better off now than when they were listed as endangered 15 years ago. Federal fisheries managers appear unwilling to address the availability of Chinook salmon, an essential food for whales, lest they rile interests in the sports and commercial fishing sectors.

If our grandchildren are to grow up with resident killer whales in the Salish Sea, then crucial decisions need to be made now. For example, an analysis by federal scientists shows that curtailing Chinook fisheries in the ocean can improve the survival rates of these whales. Correspondingly, letting more Chinook salmon spawn could rebuild Chinook runs and provide these whales with the food supply they need.

Federal and provincial governments seem intent on turning critical habitat for killer whales into a shipping corridor for Alberta oil, U.S. coal, and B..C LNG. Moreover, harmful pollutants continue to flow from regional industrial, residential, and agricultural sources into their waters and food. If the National Energy Board knew these whales are unlikely to survive increased tanker traffic – when combined with existing food, pollution, and noise issues – would they be legally compelled to reject Kinder Morgan’s tar sands pipeline and oil tanker expansion proposal?

The federal government’s long-awaited Resident Killer Whale Action Plan finally appeared in 2014. Many had anticipated the plan would include measures to mitigate the hazards confronting the Southern Residents. Alas, the plan failed to include substantive action to reverse what is becoming a grave situation.

But this quandary is not simply a numeric one. Highly intelligent, social, and sensitive, with sophisticated communication skills and very strong familial ties, these whales have an intrinsic right to live their lives.

While the debate regarding the fate of the Southern Residents primarily and understandably takes place in the realm of science, management, and policy, it also brings up issues around ethics, morality, and even spirituality. In fact, I would argue that the matter of what we will choose, or will not choose, to do on behalf of this endangered population of killer whales is, for British Columbians and Canadians, one of the quintessential spiritual decisions of our time.

Having been raised a Catholic, I often times recall the teachings of St. Francis of Assisi. Keith Warner and David DeCosse of Santa Clara University have written that, “St. Francis of Assisi is an example of someone who understood himself to live in a world charged with divine life, in a sacramental world. He was named Patron Saint of Ecologists because he celebrated the beauty and diversity of creation through his prayer and preaching. [In] his ‘Canticle of the Creatures’ Francis sang of all creation as brother and sister. This song is an expression of his moral imagination, because it reflects how he understood himself to live a life of essential kinship with all creation… He viewed the entire created world as members of the divine family… He stands out in Western Christianity as one who lived out a bio-centric vision of the moral life.”

Which brings us once again to the question, if we cannot find the charity in our hearts to allow the Southern Residents to truly recover and regain their rightful place in the coastal ecosystem we both share, then what will that ultimately say about us as a species?

A version of this article previously ran in the Victoria Times Colonist.

Congress Giving Sacred Apache Lands To Foreign Mining Company

By Reverb Press

In a late night addition to the 2015 National Defense Authorization Act (NDAA) bill, Congress slipped in a provision that will hand off 2,400 acres of land sacred to the San Carlos Apache to a foreign mining concern. The ancestral and ceremonial lands, a part of the Tonto National Forest, includes the site, Apache Leap, where Apache warriors jumped to their deaths rather than be captured by US troops.

“Since time immemorial people have gone there. That’s part of our ancestral homeland. We’ve had dancers in that area forever – sunrise dancers – and coming-of-age ceremonies for our young girls that become women. They’ll seal that off. They’ll seal us off from the acorn grounds, and the medicinal plants in the area, and our prayer areas,” said Terry Rambler, Chairman of the San Carlos Apache Tribe.

The measure which has failed several times in the past but was inserted into the must-pass defense appropriation bill thanks to the efforts of Arizona Republican Senator, John McCain. On passage of the NDAA, the land will be given over to Resolution Copper, a subsidiary of the Rio Tinto, a massive mining concern based in London, England and Melbourne, Australia that has been salivating over the prospect of mining the area for years.

Interior Secretary, Sally Jewell was critical of the way the provision moved forward. Speaking of the numerous land bills being considered, she said, “I’m happy to see public lands bills make progress. The preference on public lands bills is that they go through a typical process of public lands bills and they get debate and discussion.”

Of the way Tonto National Forest land was handled, she said however, “I think that is profoundly disappointing.”

Perhaps ironically, tribe Chairman, Terry Rambler was in Washington DC at the time for the White House Tribal Nations Conference.
Leaders from the 566 federally recognized Native nations engaged with the President, Cabinet Officials, and the White House Council on Native American Affairs on key issues facing tribes including, respecting tribal sovereignty and upholding treaty and trust responsibilities.

Rambler had been concerned that the long sought land deal might be inserted into the NDAA. When the latest version of the bill was read on Tuesday evening, (Dec 2) there was no mention of the Apache land. On Wednesday morning, there it was. He is asking that the Senate not vote on the appropriation until the measure is removed.

Rambler is organizing grass-roots opposition and is circulation a White House petition, STOP APACHE LAND GRAB;

“It may seem impossible but our elders have taught us not to lose faith in the power of prayer and of course prayer will be there to help guide us through, but as far as a strategy, we know it’s going to take a grassroots effort and a lot of awareness in the public eye to see our side of the story and that’s what we need to get out there,”

Beyond the symbolic and spiritual importance of the lands involved, Rambler is also concerned about the potential ecological aspects of the mine and how it will affect his people in years to come. The company plans to us a mining technique called block cave mining which digs under the ore and then lets it collapse into the hollow for recovery. Eventually, the land above it will subside as well. Rambler explained,

“What those mountains mean to us is that when the rain and the snow comes, it distributes it to us,” Rambler said. “It replenishes our aquifers to give us life.”

He’s not sure how that will happen once the land starts subsiding. Resolution Copper promises to monitor it.

Overall, the land deals being considered for inclusion with the NDAA are a compromise. There is bipartisan support for the give and take process and there are benefits in most of them, but somewhere, a line must be drawn.

Budget Cuts Threaten Fish and Wildlife, Co-management

Being Frank

By Lorraine Loomis, Chair, Northwest Indian Fisheries Commission

Years of declining funding combined with a current $2 billion state budget deficit leaves the treaty Indian tribes in western Washington wondering if the Department of Fish and Wildlife will be able to meet its natural resources management responsibilities.

The shortfall led Gov. Jay Inslee to instruct state agencies to submit budget reduction options equal to 15 percent of the money they receive from the state’s general fund. While there is hope that the governor might spare some or all of the nearly $11 million in budget cut options proposed by WDFW, the results would be devastating if they become a reality.

Hatchery closures and production cuts would mean the loss of more than 30 million salmon and steelhead annually. Fewer enforcement officers would be employed, leaving some areas with little or no coverage. Resource protection would be further decreased by reductions to the department’s Hydraulic Project Approval program that regulates construction in state waters.

In just the past six years, the department has cut more than $50 million from its budget, much of it from hatchery production. During that time tribes have picked up the tab to keep salmon coming home for everyone who lives here. Tribes are doing everything from taking over the operation of some state hatcheries to buying fish food and making donations of cash and labor to keep up production at other state facilities. That is in addition to the 40 million salmon and steelhead produced annually at tribal hatcheries.

Meanwhile, wild salmon populations continue to decline because of the ongoing loss of habitat that state government is unable to stop. The loss of wild salmon and their habitat has already severely restricted the tribes’ abilities to exercise our treaty-reserved fishing rights. Additional state budget cuts would only worsen the situation.

Budget problems do not excuse the state from its obligations to follow federal law and uphold commitments made by the United States in treaties with Indian tribes. Our treaties and the court decisions that upheld them are considered the “supreme law of the land” under the U.S. Constitution. As salmon co-manager with the tribes, the state of Washington does not have the option of turning its back and walking away.

Hatchery programs are especially important to fulfilling the treaty right that salmon must be available for tribes to harvest. Without hatcheries and the fish they provide, there would be no fishing at all by anyone in western Washington. We must have hatcheries for as long as natural salmon production continues to be limited by poor habitat.

Further cuts to WDFW’s budget would be another step backward in our efforts to save the salmon. Gov. Inslee should look someplace else for the funding that the state needs. He should not try to balance the state budget on the backs of the fish and wildlife resources and the people who depend on them.