Coal Export Developer Challenges Tribal Claims To Fishing Sites On The Columbia

The Columbia River Intertribal Fish Commission says the white dots in the water are tribal fishing buoys and the wooden stake marks the beginning of the proposed Morrow Pacific coal export project site at the Port of Morrow in Boardman. | credit: Courtesy of CRITFC
The Columbia River Intertribal Fish Commission says the white dots in the water are tribal fishing buoys and the wooden stake marks the beginning of the proposed Morrow Pacific coal export project site at the Port of Morrow in Boardman. | credit: Courtesy of CRITFC

 

By Cassandra Profita, OPB

An Oregon coal export developer is challenging claims that its proposed dock on the Columbia River would interfere with tribal fishing sites.

The Confederated Tribes of The Umatilla Indian Reservation and the Confederated Tribes and Bands of the Yakama Nation have submitted letters and affidavits to the Oregon Department of State Lands indicating they have tribal fishing sites in the area where Morrow Pacific has proposed to build a dock in Boardman, Oregon for coal barges.

The Morrow Pacific project would transport around 9 million tons of coal per year from Wyoming and Montana to Asia. The coal would be delivered by train to the dock site in Boardman, where it would be transferred to barges on the Columbia River. The barges would carry the coal to another dock site downstream near Clatskanie, Oregon where the coal would be transferred onto ocean-going ships.

Morrow Pacific needs a permit from the DSL to build a dock at the Port of Morrow in Boardman. DSL rules say the state can issue the permit as long as the action would not “unreasonably interfere” with preservation of water for navigation, fishing and public recreation.

The company submitted a letter to the state Thursday arguing that its dock will not “unreasonably interfere” with fishing. It also argues that considering fishing impacts from the dock is outside the DSL’s authority for this permit.

Brian Gard, a spokesman for Morrow Pacific, says the company disagrees that tribes have proven their members fish at the dock site. He says the affidavits submitted to the state either misidentify the site geographically or they fail to show that tribal fishing has taken place in the dock location.

“We do not believe they establish tribal fishing or tribal fishing sites at the Port of Morrow industrial Dock 7 site,” Gard said. “Understanding the site context is important here. The proposed dock site is in a heavily industrial area. It’s on port of Morrow property. It’s situated between two other docks. It’s an area designated by the state as an area where docks are to go.”

The company submitted declarations from local community members, the port director and tugboat operators who say they haven’t seen tribal fishing taking place at the dock site. It also consulted a fishery biologist who says the dock area does not support a healthy fishery.

Sara Thompson, spokeswoman for the Columbia River Intertribal Fish Commission, which includes the Umatilla and Yakama, released a photo (above) she says shows a set of tribal fishing buoys in the water next to the proposed Morrow Pacific project site.

“Not only have we been fishing there since time immemorial, but we continue to fish there at the present time,” said Chuck Sams, communications director for the Umatilla tribes. “We have provided affidavits to the Corps of Engineers and Oregon Department of State Lands, and we’ve spoken directly with Ambre Energy and Morrow Pacific explaining that we have fishing sites, usual and accustomed, at their proposed facility.”

In a recent speech, Gov. John Kitzhaber noted the conflicts flagged by the tribes shortly after declaring his opposition to coal exports in the Northwest. The governor said he will do all that he can “under existing Oregon law to ensure that we do not commit ourselves to a coal-dependent future.”

Federal Government Finds Harmful Contaminants In Columbia River Fish

An osprey soars with a fish in its talons. Research by the U.S. Geological Survey says osprey are among the species harmed by contaminants in the lower Columbia River. | credit: Matt Shiffler Photography/Flickr
An osprey soars with a fish in its talons. Research by the U.S. Geological Survey says osprey are among the species harmed by contaminants in the lower Columbia River. | credit: Matt Shiffler Photography/Flickr

 

By Devan Schwartz, OPB

The U.S. Geological Survey has found high levels of toxic substances in the Columbia River everywhere from sediments to resident fish to osprey eggs.

The results of a six-year study of the Columbia River downstream from the Bonneville Dam were announced on Tuesday.

USGS hydrologist Steven Sobieszczyk says the contaminants –- which come largely from household products -– hadn’t been effectively tested for in the past.

“In a lot of cases, there’s not even thresholds set for safe and unsafe because we’ve never looked for them before,” Sobieszczyk said.

Elena Nilsen is a research chemist and team lead at USGS in Portland.

She says largescale sucker, the fish species they studied, show abnormalities including negative sperm health that makes it harder for them to reproduce.

With a study involving 13 principal investigators over those years, Nilsen points to confirmed links between household products and effects in the ecosystem of the Columbia River.

“A lot of these things come through the pathways of the wastewater treatment plant into the river – but the ultimate source was usually us,” Nilsen said.

Sara Thompson is public information officer for Columbia River Inter-Tribal Fish Commission. Although regional tribes don’t rely on largescale sucker as they do on salmon and steelhead as subsistence fisheries, she says the new USGS study raises larger water quality concerns.

“Water quality often goes overlooked and ignored because it’s not tangible. You can’t see it,” Thompson said. “We can see fish populations decrease in the Columbia River system and the Willamette System but we can’t see these toxics. We have to make water quality standards a priority in Washington, Oregon and Idaho.”

If resident sucker fish are consumed regularly, health risks, including cancer, could increase.

Nilsen says immigrant communities may be most affected; they eat largescale sucker fish more than other groups because the fish can be caught locally and provide a reliable food source.

The USGS study measured toxics in river sediments, aquatic insects, sucker, and then osprey eggs.

Nilsen says the findings show bioaccumulation -– in which higher levels of toxins were found the higher up the food chain you looked.

In addition, contaminant levels were higher the further downstream the government scientists looked, as the human impacts accumulated.

The three sites studied were near Columbia City, Ore. and Skamania and Longview on the Washington side of the lower Columbia River.

Nilsen says the toxic sources observed are often as innocuous as furniture, non-biodegradable cleaning products and even home electronics. Through consumption and cleaning those toxins can make their way into regional waterways.

“It’s made me just try to be more mindful of the effects that I in my own home can have –- and thinking about everything we’re putting down the drains,” Nilsen said.

USGS has provided this data to health authorities in Oregon and Washington, which are responsible for issuing consumption advisories.

The two states issued related advisories regarding resident fish below the Bonneville Dam last fall.

VIDEO produced by the USGS to explain its research into contamination in the Columbia River:

 

Fire Safety-NBSM Week 1

 

week-1By Monica Brown, Tulalip News Writer

Tulalip, WA – May is National Building Safety Month (NBSM) as proclaimed by President Barack Obama in 2013, as a way to “encourage citizens, government agencies, businesses, nonprofits, and other interested groups to join in activities that raise awareness about building safety.”  For NBSM, the month of May is broken down into four weeks and the focus put on a new subject for each week, fire safety, disaster safety, backyard safety and green and sustainable building.

The Tulalip Tribes Community Development department is participating in NBSM and would like to make Tulalip residents aware of the hazards in and around the home as well as tips for prevention and safety. Community Development is providing pamphlet information that can be picked up at the Tulalip administration building for the entire month of May, see below for contact information.

The first week of NBSM is designated for fire safety in and around the home, Keeping Fire in its Place. According to the U.S. Fire Administration, each year throughout the U.S., 17,500 people are injured in fires and over 3,400 Americans perish in fires with about 1/3 of those victims being Senior citizens. A few things to consider during fire safety week are to check your smoke alarms, establish an evacuation plan, and purchase a fire extinguisher. It’s also a good time teaching children about fire safety. Annually, children of all ages set over 35,000 fires (U.S. Fire Administration statistic).

Fire Extinguisher information: There are multiple types of extinguishers used for specific flammable materials and what works for one may not work for another. In case of a fire, please do not rely solely on a extinguishing it yourself; call the fire department as soon as you notice the fire and make sure you can get to safety before trying to extinguish it on your own.

·         Class A extinguishers put out fires in ordinary combustible materials such as cloth, wood, rubber, paper, and many plastics.

·         Class B extinguishers are used on fires involving flammable liquids, such as grease, gasoline, oil, and oil-based paints.

·         Class C extinguishers are suitable for use on fires involving appliances, tools, or other equipment that is electrically energized or plugged in.

·         Class D extinguishers are designed for use on flammable metals and are often specific for the type of metal in question. These are typically found only in factories working with these metals.

·         Class K fire extinguishers are intended for use on fires that involve vegetable oils, animal oils, or fats in cooking appliances. These extinguishers are generally found in commercial kitchens, such as those found in restaurants, cafeterias, and caterers. Class K extinguishers are now finding their way into the residential market for use in the kitchen.

·         Multi-purpose fire extinguishers are also made that combine uses such as class “B-C” or “A-B-C” and can be used on two or more of the above type fires.

Some fire districts in Snohomish County offer free smoke alarm installations and fire extinguisher training. Please contact your fire district to schedule a home smoke alarm installation or fire extinguisher training.

Nearby local fire departments:

Tulalip Bay Fire Department Snohomish Co. Fire District 15, 7812 Water Works Rd Tulalip, WA 98271-9631, 360-659-2416

Marysville Fire District, 1094 Cedar Avenue Marysville, WA 98270, 360-363-8500

For pamphlet information about NBSM contact, Orlando Raez, Tulalip Tribes Community Development, 360-716-4214.

 

10 Important tips to remember for fire safety and awareness

Put a smoke alarm on every level of your home and outside each sleeping area. Put a smoke alarm inside every bedroom.

Make sure your smoke alarms work. Test your smoke alarms. Push the test button. You will hear a loud noise. If you don’t hear the noise, you need a new battery or a new alarm.

Make sure the smoke alarm always has a good battery. Put a new battery in the alarm every year.

Smoke alarms with long-life batteries will work for up to 10 years. You do not change the battery.

Smoke alarms do not last forever. Get new smoke alarms every 10 years.

Tell your family what to do if they hear the smoke alarm. Make an escape plan so everyone knows how to get out fast. Pick a meeting place outside the home where everyone will meet. Some children and older adults cannot hear the smoke alarm when they are sleeping. Make a plan for how to wake them up. Practice your escape plan with everyone in your family two times each year.

Install home fire sprinklers in your home. Home fire sprinklers and working smoke alarms greatly increase your chance of surviving a fire. Sprinklers are affordable and they can increase your property value and lower your insurance rates.

Portable heaters need their space. Keep anything that can burn at least three feet away.

If you live in an area where homes are located in or close to forests or vegetation areas, you should think about the following safety tips.

Install 1/8 inch or smaller mesh screening that cannot burn on attic/soffit vents and around wood decks to keep out embers. Install spark arrestors on fire place chimneys or wood stove vents.

Keep all items that can burn away from your home. Clean leaves from your gutters. Clear dead leaves and branches from shrubs and trees.

Tribes and First Nations Unite to Halt B.C. Mine That Threatens Salmon Habitat

Tongass Conservation SocietyThe headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.
Tongass Conservation Society
The headwaters of the Unuk River, where a company called KSM wants to build a humongous open-pit mine for cold, copper and other metals.

 

Paula Dobbyn, ICTMN

 

It has become an all-too-familiar story: Pristine waters. Salmon habitat. Sacred significance. Mining.

The Unuk River watershed, straddling the border between British Columbia and Alaska, is on track to become ground zero in a struggle to stop the world’s largest open-pit mine, Kerr-Sulphurets-Mitchell (KSM). The fight against it is uniting First Nations and Alaska Natives as they battle to preserve stewardship of the pristine region. And it is just one of five massive projects proposed for the region.

If KSM secures the financing and the regulatory go-ahead, the giant mine would turn 6,500 acres of pristine land into an industrial zone that would generate more than 10 billion pounds of copper and 38 million ounces of gold, according to a project summary. As with any large mine, it would employ a hefty workforce—in this case mostly Canadians—and create taxes and royalty payments for Canada. But it would also produce a slew of waste. And that’s what critics say downstream Alaska communities stand to take on: none of the economic benefits but much of the environmental risk.

With its remote headwaters in British Columbia, the Unuk River is one of the world’s most prolific salmon waters. An international river, the Unuk flows into neighboring Southeast Alaska and its temperate rainforest, the 17-million-acre Tongass National Forest, a place of towering coastal mountains, tidewater glaciers and fog-shrouded islands. The Unuk empties into Misty Fjords National Monument, an attraction for cruise ship passengers viewing glaciers, bears and whales that dot Alaska’s Inside Passage. The Unuk, known as Joonáx̱ in Tlingit, supports large runs of king salmon, a cultural icon prized by commercial, sport and subsistence fishermen alike.

“The consequences for salmon runs on both sides of the border could be devastating, yet Alaskans would see none of the economic benefit,” wrote National Geographic Explorer-in-Residence Michael Fay in a 2011 letter to British Columbia Premier Christy Clark, signed by nearly 40 other scientists.

Seabridge Gold, the mine developer, expects KSM to generate more than two billion tons of acidic waste rock called tailings, a byproduct of the mining process than can be lethal to fish. The tailings would be held behind two huge dams—each taller than the Hoover dam—built in the headwaters of the Nass River, one of British Columbia’s most important salmon rivers.

Because KSM is located in sensitive fish habitat, it has raised the ire of Southeast Alaska tribes, fishermen and some Canadian First Nations. They joined forces in early April, forming a cross-border working group to develop a unified strategy to protect their interests.

It’s not just KSM that worries them. KSM is one of more than a dozen mines planned for northern B.C., including five located in salmon-bearing watersheds that arise in Canada and drain into Alaska. The British Columbia government is encouraging the mines’ development, offering tax breaks and relaxed environmental rules. Also spurring development is the construction of a new power line extending electricity into the northwest corner of the province, bordering Alaska. The transboundary projects include Red Chris, Schaft Creek, Galore Creek and Tulsequah Chief. The international rivers they could affect are the Taku, Stikine and Unuk, some of Southeast Alaska’s top salmon rivers.

“These projects could not be in a worse location. Salmon is our traditional food. If anything happens to them, we would be in a world of hurt,” said Ketchikan fisherman and tribal leader Rob Sanderson Jr.

Fishing, seafood processing and tourism are key economic drivers in Southeast Alaska. The seafood industry produced $641 million worth of fish in 2011, which created 17,500 jobs and $468 million in wages. A million visitors tour the area every year, spending about copy billion.

Tribes have passed numerous resolutions of concern about how KSM and the other transboundary mines could potentially contaminate the region, including their traditional fishing grounds. Recently a delegation of tribal leaders and fishermen flew to Washington, D.C.  to lobby for State Department intervention. They delivered a letter signed by 40 businesses, groups and individuals asking for help.

Alaska’s congressional delegation got the message. Shortly after the Alaskans flew home, Senators Lisa Murkowski and Mark Begich, along with Congressman Don Young, contacted the office of Secretary of State John Kerry by letter asking him to get involved to protect Alaska’s interests. Because the mines are located in Canada, Alaska tribes feel they have less influence over the outcome than if they were on U.S. soil.

“It’s happening in a foreign country. We don’t have a lot of control over it,” said Sanderson. “They don’t even have to consult with Alaska tribes.”

The U.S. Environmental Protect Agency has raised issues regarding the KSM project, mirroring the tribes’ concerns. The U.S Interior Department has urged Seabridge Gold to consult with Alaska tribes regarding fishing and clean water.

Recently Seabridge sent its vice president for environmental affairs to Alaska to participate in a tribal meeting on Prince of Wales Island near Ketchikan regarding KSM. Seabridge’s Brent Murphy told the Juneau Empire that “the overwhelming design philosophy for the KSM project is the protection of downstream environments and that is ensuring protection also for Alaskans.”

On its website, Seabridge notes that KSM has undergone extensive review by environmental and technical experts over the past five years to see that salmon and other wild resources are protected.

But Seabridge’s assurances have done little to allay skepticism on the U.S. side. Since the meeting on Prince of Wales in late March, the newly elected president of Alaska’s largest tribe, the Juneau-based Central Council of the Tlingit and Haida Indian Tribes of Alaska, has elevated the matter.

“This is a direct threat to the lifestyle and culture of our tribes’ 29,000-plus members,” said Richard Peterson, tribal president.

At Peterson’s urging, the Central Council adopted a resolution giving Southeast Alaska’s 19 federally recognized tribes the green light to work with First Nations to try to slow the development of the transboundary mines.

“We need a collective call to arms,” said Peterson.

Not all B.C. First Nations oppose the KSM mine or the other transboundary projects. The Gitxsan and Nisga’a Nations support the mine’s development. But others, including the Gitanyow Hereditary Chiefs, who live downstream from where the KSM waste facility would be located, are opposed.

“Nass River fish are critical for the food security of the Gitanyow,” said Kevin Koch, a fish and wildlife biologist with Gitanyow Fisheries Authority. “KSM poses a major threat to the Gitanyow way of life.”

Koch noted that the Gitanyow have constitutionally protected aboriginal rights to fish in the Nass. Seabridge maintains that any ill effects from mine waste on Nass River salmon would be minimal.

Peterson is unconvinced.

“I think John Kerry should be sitting in my office talking to me right now,” he said. “We need face-to-face consultation on this. We’re a sovereign nation.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/05/02/tribes-and-first-nations-unite-halt-bc-mine-threatens-salmon-habitat-154681?page=0%2C1

Geophysicists link fracking boom to increase in earthquakes

 

By SEAN COCKERHAM

McClatchy Washington Bureau May 1, 2014

WASHINGTON — The swarm of earthquakes went on for months in North Central Texas, rattling homes, with reports of broken water pipes and cracked walls and locals blaming the shudders on the hydraulic fracturing boom that’s led to skyrocketing oil and gas production around the nation.

Darlia Hobbs, who lives on Eagle Mountain Lake, about a dozen miles from Fort Worth, said that more than 30 quakes hit from November to January.

“We have had way too many earthquakes out here because of the fracking and disposal wells,” she said in an interview.

While the dispute over the cause remains, leading geophysicists are now saying Hobbs and other residents might be right to point the finger at oil and gas activities.

“It is certainly possible, and in large part that is based on what else we’ve seen in the Fort Worth basin in terms of the rise of earthquakes since 2008,” William Ellsworth, a U.S. Geological Survey seismologist, said in an interview Thursday.

Ellsworth said the Dallas-Fort Worth region previously had just a single known earthquake, in 1950.

Since 2008, he said, more than 70 have been big enough to feel. Those include earthquakes at the Dallas-Fort Worth airport that scientists linked to a nearby injection well.

Ellsworth briefed his colleagues on his findings Thursday at the Seismological Society of America’s annual meeting in Anchorage.

Researchers also are investigating links between quakes in Kansas, Oklahoma, Ohio and elsewhere to oil and gas activities. USGS seismologist Art McGarr said it was clear that deep disposal of drilling waste was responsible for at least some of the quakes in the heartland.

“It is only a tiny fraction of the disposal wells that cause earthquakes large enough to be felt, and occasionally cause damage,” McGarr said. “But there are so many wells distributed throughout much of the U.S., they still add significantly to the total seismic hazard.”

While causes are under debate, it’s established that earthquakes have spiked along with America’s fracking boom. The USGS reports that an average of more than 100 earthquakes a year with a magnitude of 3.0 or more hit the central and eastern U.S. in the past four years.

That compares with an average rate of only 20 observed quakes a year in the decades from 1970 to 2000.

Regulators in Ohio found what they said was a probable connection between small quakes in the northeast corner of that state and the process of hydraulic fracturing, or fracking, in which high-pressure water and chemicals are pumped underground to break up shale rock and release the oil and natural gas inside.

But the USGS considers it very rare for fracking itself to cause earthquakes. Far more often the issue is quakes caused by the disposal of the wastewater into wells.

Fracking produces large amounts of wastewater, which companies often pump deep underground as an economical way to dispose of it. Injection raises the underground pressure and can effectively lubricate fault lines, weakening them and causing quakes, according to the USGS.

USGS seismologist Ellsworth said that near Fort Worth, two disposal wells were close enough to the earthquakes to be responsible. He said more research was needed.

Ellsworth and his colleagues, including seismologists from Southern Methodist University, in their presentation Thursday ruled out the idea that the falling level of a nearby lake might be contributing. But he said they couldn’t entirely reject the possibility of other natural causes — despite earthquakes being virtually unheard of in the region before 2008, which matches the start of the fracking boom.

Hobbs, of Eagle Mountain Lake, Texas, said she’d lived in the area since 1967 and never even considered the possibility of earthquakes.

“It’s spooky,” she said.

Climate Change is Real, Let’s Fight It Together

fawn-sharp

 

President Fawn Sharp of the Quinault Indian Nation says she is happy to participate on the Carbon Emissions Reduction Task Force Governor Jay Inslee created by executive order yesterday [April 29], but advises that “genuine state-tribal cooperation, communication and government-to-government relations will be essential to the success of any effort to address the many challenges posed by climate change.”

Sharp, who is also President of the Affiliated Tribes of Northwest Indians, encompassing six Northwest states, and Area Vice President of the National Congress of American Indians, is the only tribal member of the Governor’s task force.

President Sharp said, “Climate Change is the greatest environmental disaster of our generation and its impacts are felt both near and far. The fact is that tribes have preceded other governments in addressing climate change issues, and it is time for our words to be heard, our warnings to be acknowledged and our programs to be recognized.”

She said the reason tribes have moved forward with programs to address the effects of climate change while other governments have been stymied is that it is embedded in the tribal culture to care for the land in a sustainable manner. “Stewardship of our natural resources and environment is something we learn at a young age. We understand the big picture—the economic, policy, environmental and cultural values of sustainability and the responsibility we all have to our children and future generations. Those are the values that must be prioritized if we are to meet the climate change challenge.”

In signing the order, the Governor outlined a series of steps to cut carbon pollution in Washington and advance development and use of clean energy technologies, and said, “This is the right time to act, the right place to act and we are the right people to act. We will engage the right people, consider the right options, ask the right questions and come to the right answers — answers that work for Washington.”

“Whether it’s the warming of the Pacific Ocean, Hurricane Sandy, the tornadoes across the country or the Oso landslide, the melting of our Mt. Anderson Glacier or the breaching of our Taholah seawall, the link to climate change is clear to us. It has been for a long time. And so is the absolute need to take action,” said Sharp.

“It’s a primary reason why I have agreed to work with the Governor on his Carbon Emissions Reduction Task Force. It’s a key reason why we have taken a strong stand against the proposal to build oil terminals in Grays Harbor and substantially increase the number and frequency of oil trains and tankers. It’s why we are reaching out to strengthen alliances with neighboring communities and entities of all kinds and it’s why we have been so heavily engaged in the effort to resolve the climate change challenge for many years — through political, education and habitat-related programs.

“Quinault is a nation of people who, like their ancestors for thousands of years, fish, hunt and gather. The core of our economy is based on health and sustainable natural resources—a clean and vibrant ecosystem. We are also a nation blessed with thousands of acres of forest land. We do not manage our forests to the detriment of our fishing and hunting, but the other way around. Managing holistically, with respect for our descendants, and their needs is the key. These are the lessons of our ancestors, lessons that oil tycoons and timber barons never learned to appreciate.

We are a people who are determined to practice good stewardship. Sometimes that means doing habitat work in the Quinault River, something we have done extensively for many years. Sometimes it means taking part in international climate change summits—providing a leadership role in such efforts as the United Nations’ Conference of Parties (COP 14) in Poznan, Poland in 2009 or the First Stewards Summit in Washington D.C.,” said Sharp.

Quinault Nation established a comprehensive set of climate change policies in 2009, before Congress considered introducing its national policies. We have advocated and advanced our climate change-related interests locally, regionally, nationally and internationally. “We have asked the President and Congress to understand the connection between climate change and such impacts as the decline of our Blueback salmon run and the destruction that is now occurring with shellfish and other species in the ocean due to acidification and hypoxia. Other tribes have worked alongside us, pushing for action by the State of Washington, the United States and the United Nations, for many years. It is our heritage, and right, to do so,” said Sharp.

“We believe it’s time to call to end the nonsensical debate in the Legislature and in Congress about whether it exists. It does, and it is very serious.

“Year in and year out we are all facing the deadly consequences of a century of environmental contempt, and ignoring that fact will not make the challenge go away. It is time for people to treat our natural environment with the respect it deserves,” she said.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/05/01/climate-change-real-lets-fight-it-together-154682?page=0%2C1

Wash. Port Releases New Lease Details For Oil-by-Rail Terminal

File photo of proposed site for an oil-by-rail terminal in Vancouver, Washington. | credit: Port of Vancouver USA

 

The Columbian

The Port of Vancouver on Wednesday released an updated version of its lease for the Northwest’s largest oil-by-rail transfer terminal, featuring fewer censored details but maintaining redactions of key issues the port considers sensitive.

The port released the updated version of its lease (429 pages in electronic format) with Tesoro Corp. and Savage Companies in response to multiple requests made in April by various parties, including the Columbian and The Oregonian newspapers, Theresa Wagner, the port’s communications manager, said Wednesday.

In the original version of the lease, the port had kept secret a total of 22 pieces of information. In the updated rendition, the port revealed 11 of those 22 pieces of information, Wagner said.

One revelation: The port is allowed to terminate the lease if Tesoro and Savage fail to launch construction within four months after both parties are presumed to have fulfilled certain other contractual obligations.

Previously, the port had censored the companies’ construction timeline.

Still kept a secret, however, are the number of months — since the effective date of the lease — the port and companies have to cancel the lease early if either party fails to meet their contractual obligations.

Exactly how those obligations, known as “conditions precedent,” work isn’t entirely clear. An obvious allowed reason for cancelling the deal is if Tesoro and Savage fail to obtain permits from state regulators.

The companies submitted their permit application to the state Energy Facility Site Evaluation Council on Aug. 29, seeking to handle as much as 380,000 barrels of oil per day for eventual conversion into transportation fuel. Washington Gov. Jay Inslee has the final say over the project.

Another disclosure the port made Wednesday: If Tesoro and Savage move a certain average volume of oil per day for 30 months after they start making rent payments to the port, then the companies get to keep exclusive rights to run an oil terminal at the port.

The port, under that scenario, wouldn’t be able to lease property to a new tenant who also wants to handle crude oil.

Previously, the port had censored how long the companies would have to maintain certain oil volumes to keep their exclusivity rights.

However, the oil volumes — and the date on which the companies start paying rent to the port — are still unknown, because the port kept them redacted in the updated version of its lease.

The port also maintained redactions of the amounts of wharf and dockage fees it will charge Tesoro and Savage. Those unknown fees are in addition to lease revenue that’s already known: The agreement involves 42 acres and is worth at least $45 million to the port over an initial 10 years.

The port is maintaining certain redactions under the Uniform Trade Secrets Act, saying that if certain pieces of information were made public, it would harm the port in various ways, including damaging its competitiveness and its ability to negotiate

Wagner said the port chose to reveal certain pieces of information because they’ve either become known from the Tesoro-Savage permit application or by way of public presentations given by the companies.

However, a Vancouver city attorney has questioned the port’s redactions. In a Feb. 18 email to the port, two weeks after he’d received and reviewed the lease, Bronson Potter, chief assistant city attorney, wrote that it’s “doubtful that any of the information redacted would qualify as being a ‘trade secret.’?”

The port’s lease also gives Tesoro and Savage first rights on leasing additional property to expand if the average amount of oil moved by the first facility exceeds certain barrels-per-day targets. Those targets remain unknown, because the port kept them secret in the updated version of its lease.

Tesoro and Savage would have to seek another round of permits to expand or build another facility.

Swinomish Tribe measures changes to shellfish over decades on Kukutali Preserve

 

Northwest Indian Fisheries Commission.com

 

 

Apr 29th, 2014

The never-realized plans to build a nuclear power plant on Kiket Island has a legacy that’s proven useful to the Swinomish Tribe.

The 1969 power plant proposal attracted researchers to study the island’s ecology. Among these was then-graduate student Jon Houghton, who established permanent transects around Kiket Island to study intertidal ecology and measure, among other things, clam density and biomass. In 2011, Swinomish shellfish biologist Julie Barber worked with the tribe’s water resources program to survey the same transects as Houghton to quantify ecological change over the past four decades.

Tiffany Hoyopatubbi, water resources specialist, uses a quadrat to sample shellfish species on the beach on Kukutali Preserve
Tiffany Hoyopatubbi, water resources specialist, uses a quadrat to sample shellfish species on the beach on Kukutali Preserve

In the decades since the power plant plans were scrapped, Kiket Island was privately owned. For at least the past two decades, tribal members were discouraged by upland owners from harvesting on the tribally owned tidelands. This long-term lack of harvest pressure now provides Swinomish with the unusual opportunity to study unharvested clam populations.

In 2010, the Swinomish Tribe and the state of Washington purchased the island and now jointly manage it as the Kukutali Preserve.

At the time of Houghton’s surveys, butter clams were the preferred shellfish harvested on Kiket Island. Since no one had been harvesting there for two decades, Barber was not surprised to learn that the number and size of butter clams has increased substantially since the 1970s.

The biomass of native littleneck clams, on the other hand, has declined significantly, and researchers don’t know why.

Comparing the data from Kiket Island with other nearby beaches shows that the littleneck clam decline appears to be a trend. The increase in butter clams is believed to be a trend on these other beaches as well, but Barber doesn’t have enough data yet to know for sure.

Barber is working with other tribes and the state Department of Fish and Wildlife to compare data throughout the region. Her eventual goal is to create a Puget Sound map that shows the temporal change in bivalve biomass by bivalve management region.

“That would help us at least map out where these changes are occurring,” she said. “You can’t easily find out why this is happening until you know where these changes are happening.”

Swinomish staff who assisted in the surveys included Todd Mitchell, Tiffany Hoyopatubbi, Tanisha Gobert, Courtney Greiner and Jennifer Ratfield.

For more information, contact: Julie Barber, shellfish biologist, Swinomish Tribe, 360-466-7315 or jbarber@skagitcoop.org; Kari Neumeyer, information officer, NWIFC, 360-424-8226 or kneumeyer@nwifc.org.

U.S., Canadian, tribal leaders discuss Salish Sea’s environmental, economic concerns

 

April 30, 2014 By ELLIOTT SMITH

As featured in The Bellingham Herald

This isn’t breaking news, but salmon and orcas don’t stop at the border. They don’t show passports and clear customs or shop at the duty-free store.

The environment doesn’t stop at the border and neither does the economy. A healthy economy depends on a healthy environment and we must work across the border with our Canadian and tribal/First Nations partners to ensure both.

Salish Sea and tribal nations. Map source: Seattle University
Salish Sea and tribal nations. Map source: Seattle University

This week in Seattle, Western Washington University is the proud lead organizer of the Salish Sea Ecosystem Conference bringing together about 1,200 of the top marine science professionals, First Nations and tribal leaders, industry executives and policymakers who make decisions about resource management on our shared waters. The Salish Sea encompasses all of the inland marine waters of southern B.C. and Western Washington, from the Johnstone Strait at the top of Vancouver Island to the bottom of Puget Sound near Olympia. The Salish Sea also includes the Georgia Strait in Whatcom County and B.C., as well as the San Juan Islands, Hood Canal and the Strait of Juan de Fuca out to the Pacific Ocean.

Our region’s future demands that we have serious conversations across international and jurisdictional boundaries about the decisions before us in marine resource management. Since the 1970s, Western has reached beyond the Canada/USA border with our research and teaching on environmental and economic issues. WWU’s Huxley College of the Environment and Center for Canadian-American Studies have been leaders in thinking, and acting, across the border with common sense solutions for over 40 years.

This week, we live it.

This is not underwater tree hugging. The Salish Sea Ecosystem Conference is an important dialogue about the future of our marine waters and the jobs that depend on them.

We cannot just yell at each other about coal trains and jobs. We must sit down at the table together and weigh the pros and cons of decisions that will affect our children’s health and economic well-being for generations to come.

This week, Western provides that table, and the forum for the exchange of information that will lead to intelligent decisions. More than 450 scientific presentations will be delivered this week at the Washington State Convention Center by scientists from both sides of the border. The goal is, quite simply, to provide the best scientific and policy research that can lead to decisions that will foster the long-term health of the Salish sea and the economy that depends on it.

It is crucial that we work with our neighbors and partners to understand the latest scientific research, so we can make the smartest decisions for our region’s future. Western Washington University’s mission is to serve the people of our region by encouraging learning. This week, we proudly carry that mission forward as lead organizer of the Salish Sea Ecosystem Conference.

Bellingham is at the heart of the Salish Sea, and WWU is proud to be at the heart of this important conference.

ABOUT THE AUTHOR

Elliott Smith is the 2014 Salish Sea Ecosystem Conference Administrator at WWU. Find him on twitter at @soundslikepuget.

Empowering Tribes to Address Energy Needs and Development Opportunities

U.S. Senate Committee on Indian Affairs, April 30, 2014

U.S. SENATE – Today at a U.S. Senate Committee on Indian Affairs hearing Chairman Jon Tester and Vice Chairman John Barrasso called for increased energy development on tribal lands.

The hearing was held to consider ways to improve the ability of Indian tribes to responsibly develop their natural resources, including the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (S. 2132).  This bill is intended to remove the burdensome and lengthy approval processes that currently cause potential development partners to look elsewhere for energy projects.

In 2005, Congress enacted legislation to allow tribes to develop their energy resources without the Secretary of the Interior’s approval of individual projects, provided the tribe had an approved Tribal Energy Resource Agreement (TERA).

“Sadly, however, the Energy Policy Act has not been successful,” said Kevin Washburn, Assistant Secretary of Indian Affairs at the U.S. Department of the Interior.   Washburn added that since promulgation of the Department’s TERA regulations in 2008, the Department has not received a single TERA application.

Tester, who is working to revive the recently expired Indian Coal Production tax credit said, “Energy development has the potential to provide stable economic environments for tribes, their members and surrounding communities.   There is no entity better qualified to oversee and manage tribal resources than the tribes themselves.  We need to simplify and expedite the TERA process, but also further promote the development of alternative energy sources such as solar, biomass and hydroelectric projects.”

Barrasso said, “Energy development on tribal lands is critical for economic growth and job creation in Indian Country. By streamlining the approval process, this bill will give folks in Indian Country the tools they need to spur economic growth and create good paying jobs in their communities.”

James M. “Mike” Olguin, Acting Chairman of the Southern Ute Indian Tribal Council, said, “The tragic consequence of no approved TERAs and a continued reliance upon federal supervision has been the incredible lost opportunities to develop Indian energy resources during the period between 2005 and today.”

Michael O. Finley, Chairman of the Confederated Tribes of the Colville Reservation, said, “Potential partners and development capital sit on the sidelines because it takes years to get anything approved by the Department of the Interior.  Indian Country needs an institutionalized answer to the ongoing challenge of burdensome bureaucratic processes and delay of tribal energy leasing and permitting.”