Coalition Appeals Approval of Applyng the Herbicide Imazamox to Willapa Bay Clam Beds

 

Will Imazamox make shellfish

from Willapa Bay safe to eat?

 

 

PRESS RELEASE-Olympia, Washington

For more information, contact:

Thane Tienson, Attorney for Coalition To Protect Puget Sound Habitat (503) 224-4100

Laura Hendricks (253) 509-4987

 

Yesterday, the Coalition [to Protect Puget Sound Habitat] filed administrative appeals with the Washington Pollution Control Hearings Board challenging the Department of Ecology's approval of a NPDES General Spray Permit for Willapa Bay. This General Spray Permit violates or is inconsistent with the laws, policies, and guidelines of virtually every state and federal law applicable to Willapa Bay, including the CWA, ESA, MSA, GMA, SMA, SEPA and MBTA.. The proposed use is also contrary to the FIFRA product label and is a violation of the Washington Pesticide Control Act, RCW 15.58.150(2)(c).

 

The issuance of this challenged NPDES General Permit was the product of a very successful lobbying campaign on the part of the shellfish industry. In 2011, the WDFW took Zostera japonica off the priority habitat list, a step that allowed the State Weed Board, at the urging of the industry, to then list Zostera japonica as a noxious weed, and to then lobby for the issuance of a National Pollutant Discharge Elimination System (“NPDES”) Permit to spray Imazamox throughout shellfish beds in the State of Washington, all in order to expand greatly the production of commercial shellfish. The Willapa-Grays Harbor Oysters Growers Association asked Ecology to authorize the use of the herbicide Imazamox to control Zostera japonica on commercial shellfish beds throughout Washington, but because of concerns expressed by citizens, scientists, and agencies alike, Ecology concluded that it should narrow its focus to only commercial clam beds (excluding geoduck beds) in Willapa Bay. Shellfish growers continue to request a General Spray Permit for Puget Sound.

 

Ecology is obligated by a host of laws, including the SMA, to provide protection to the most sensitive uses - that is, aquatic and aquatic-dependent species such as migratory waterfowl and fish, including anadromous salmonids, especially when they qualify as threatened or endangered species - over the desire of the shellfish industry to acquire more habitat to engage in commercial planting of yet another exotic species -non-native manila clams.

 

This General Permit has no prohibition at all on the spraying of native eelgrass (Zostera marina), despite the fact it constitutes critical saltwater habitat for a variety of species, including threatened and depressed salmonid and green sturgeon populations, in regulated areas.

 

The actions proposed to be taken pursuant to the subject General Permit are contrary to Washington State goals on reducing ocean acidification and will only exacerbate ocean acidification effects. In addition, the removal of Zostera japonica, a rooted aquatic plant, by the proposed discharge would result in the release of significant nutrients back into the waters of Willapa Bay, along with a loss of a process by which the nutrients are removed from the water.

 

For the foregoing reasons, the Appellants have asked that the Pollution Control Hearings Board set aside Ecology’s decision to issue a General Permit for Zostera Japonica Management on Commercial Clam Beds in Willapa Bay. 

 

Appeal link:

http://coalitiontoprotectpugetsoundhabitat.org/wp-content/uploads/2014/05/zostera-japonica-appeal.pdf

 

Detailed Information can be found on the Coalition's Petition to Governor Inslee at:
http://coalitiontoprotectpugetsoundhabitat.org/wp-content/uploads/2014/01/eelgrass-petition.pdf