Category Archive: Posts

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OFCO Asks Ecology to Consider Environmental Degradation in Quilcene Bay for Shellfish Operations Permit

The Olympic Forest Coalition has asked the Washington State Dept. of Ecology to consider the environmental degradation in Quilcene Bay as it reviews the Clean Water Act National Pollutant Discharge Elimination System permit application of Pacific Seafoods (DBA Coast Seafoods) for its shellfish hatchery in Quilcene, Washington. OFCO sued Coast Seafoods for discharging pollutants from its shellfish hatchery without the required permit.

~ Larry Eifert

Both the U.S. District Court and the U.S. Court of Appeals for the Ninth Circuit held that Coast is not exempt from the permit requirement because it discharges pollutants into a navigable water of the U.S. through “pipes, ditches and channels.” The permit process should provide the public with more information about the pollutants and amount and frequency of pollution from the facility, as well as limit pollution from the facility to protect water quality. Attorney Paul Kampmeier, of Kampmeier & Knutsen PLCC, represents OFCO in the litigation and has represented other conservation organizations working to save endangered species in the Salish Sea.

In a related matter, sampling dissolved oxygen in Quilcene Bay this fall appears to show dangerous, near-hypoxic conditions in the water. OFCO believes the degraded quality of Quilcene Bay is due in large part to the increased operations at Coast Seafoods’ facility. OFCO has asked Ecology to require Coast Seafoods to treat effluents before discharging into the bay, and to monitor and report on discharges. Read the full letter here.

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Dept. of Natural Resources Releases Final Environmental Impact Study on Marbled Murrelets – Not Enough Conservation

Washington’s DNR released the FEIS of their preferred alternative for the state’s Long-Term Conservation Strategy for the Marbled Murrelet. The Strategy, overdue by decades, is in its final stages and DNR has submitted its application for a proposed amendment to the 1997 Habitat Conservation Plan (HCP). OFCO works with the Washington Forest Law Center (WFLC), Washington Environmental Council, Conservation Northwest and Seattle Audubon in the Marbled Murrelet Coalition to advocate for more conservation for the Marbled Murrelet. That means protecting more of the old-growth condition forests where they nest.

~ Al Clark

The Marbled Murrelet spends most of its life at sea, but lays its single egg in moss-covered large branches. DNR’s preferred alternative (Alt H) will not conserve enough forest to save the bird from extirpation in Washington.

The FEIS is the final step in the application process to the U.S. Fish and Wildlife Service. The Service and DNR have, for the past three years, conducted a joint NEPA/SEPA process. DNR has been responsive to all stakeholders and generous with their time and efforts to assist the public in its important role in setting environmental policy. However, a final and most important step was constrained by the joint process and a potential SEPA error occurred, resulting in a limitation on the public’s rights to engage in the decision-making process. We feel that the limitation on the SEPA process must be addressed. Click here to read the WFLC letter to the state Board of Natural Resources.

Most importantly, the Marbled Murrelet Coalition and conservation groups have two fundamental disagreements with DNR: the standard the agency must meet, and whether the fiduciary duty to the trusts that earn revenue from timber harvest takes precedence over the Endangered Species Act. Click here to read the WFLC article in the King County Bar Bulletin.

DNR believes that the trust fiduciary duty means that it can only mitigate the “take” of Marbled Murrelets, while maximizing the revenue for the beneficiaries to the trust. Conservation scientists and groups believe that the take=mitigation approach in Alt H will ensure that the Marbled Murrelet will be extirpated in Washington. In our view, DNR must live up to the HCP standard, which is that DNR must adopt a plan that “substantially contributes to the recovery” of the threatened seabird.

The Marbled Murrelet Coalition proposed a “Conservation Alternative” that was not analyzed by DNR. The Washington Dept. of Fish and Wildlife (WDFW) and the Environmental Protection Agency commented on an earlier version of Alt H, which led to an alternative that would protect thousands more acres of habitat (Alt F). Alt F is based on a 2008 Science Report conducted by DNR and WDFW.

The Board of Natural Resources, DNR’s oversight body, will take up all of these issues in their meetings in October, November and December of this year. U.S. Fish and Wildlife will consider the application and release its Biological Opinion of Alt H very soon. Alt H is not enough conservation for the Marbled Murrelet–not enough by far.

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House Appropriations Subcommittee Visits Olympic Forest Collaborative

Rep. Derek Kilmer hosted a delegation of the House Appropriations Subcommittee on Interior, Environment, and Related Agencies to an Olympic Forest Collaborative Stewardship Project during the August recess. Committee Chair Betty McCollum and Ranking Member Rep. David Joyce joined Rep. Kilmer and the Collaborative at the H to Z sale and learned about Collaborative efforts to restore forests and generate economic gains for local communities. The Collaborative also held public meetings on its progress in Forks, Aberdeen and Port Angeles.

OFCO is working with Collaborative members and partners on a monitoring and evaluation project that will document the restoration results of the Collaborative, funded in part by Washington legislative appropriations to the Department of Natural Resources. The grant helps to fund permanent monitoring plots and drone photography of how the forest is responding to treatment. OFCO Board Member Jill Silver (Exec. Director, 10,000 Years Institute) leads the monitoring and evaluation team.

(L to R) Rep. Derek Kilmer, Matt Comisky (American Forest Resources Council and Collaborative Co-chair), Chair Betty McCollum, Ranking Member David Joyce, OFCO Board Chair Connie Gallant, Jon Owen (PEW Charitable Trusts and Collaborative Co-chair)

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Washington’s Attorney General Ferguson Files Suit Against Navy for Growler Expansion Over the Olympic Peninsula and Marine Waters

AG Bob Ferguson filed suit against the Navy for not complying with federal law and fully evaluating Growler expansion impacts on the environment and human health. AG Ferguson said, “The Navy has an important job, and it’s critical that their pilots and crews have the opportunity to train. That does not relieve the federal government of its obligation to follow the law and avoid unnecessary harm to our health and natural resources.”

Click here to read the press release, with documents from the AG’s office.

The campaign to require the Navy to live up to the law that applies to all armed services, and the law the Navy is sworn to uphold and protect, has taken an important step forward.

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OFCO, WCAA and Seattle Mayor Comment on Navy Draft DEIS/OEIS for Increased Training in the Olympic Peninsula and Marine Waters

The Navy’s plans for increasing Northwest Training and Testing in the Olympic Military Operations Areas will impact endangered species—marine mammals including orcas, and terrestrial habitats of Marbled Murrelets and Northern Spotted Owls. The Navy’s comment period for their Draft Supplemental EIS/OEIS (Overseas Environmental Impact Statement) closed June 12.

Growler jet - Google free imageOFCO commented,as well as the West Coast Action Alliance (WCAA), as did Seattle Mayor Jenny Durkan. The Navy must seek a permit for its activities every five years, disclosing environmental impacts and mitigating them. The Navy’s 1,800-page Draft SEIS/OEIS has new information from its Final EIS in 2015, but still is inadequate.

OFCO asks that the Navy revise the EIS with adequate attention to analysis of impacts, mitigation and reasonable alternatives. OFCO allies Olympic Park Associates and National Parks Conservation Association also commented.