Our mission is to protect the habitat of Puget Sound tidelands from the underregulated expansion of new and intensive shellfish aquaculture methods. These methods were never anticipated when the Shoreline Management Act was passed. They are transforming the natural tideland ecosystems in Puget Sound and are resulting in a fractured shoreline habitat. In South Puget Sound much of this has been done with few if any meaningful shoreline permits and with limited public input. It is exactly what the Shoreline Management Act was intended to prevent.

Get involved and contact your elected officials to let them you do not support aquaculture's industrial transformation of Puget Sound's tidelands.

Governor Inslee:
Showing posts with label non-native shellfish. Show all posts
Showing posts with label non-native shellfish. Show all posts

Sunday, April 21, 2013

Shoreline Hearings Board to Hear Appeal of Taylor Mussel Farm Permit Denial

The Shoreline Hearings Board will hold a hearing on Thurston County's denial of Taylor Shellfish's permit for their proposed 58 raft mussel farm, located at the mouth of Totten Inlet. The public is invited to attend.


One of Taylor's current mussel farms
located in Totten Inlet.
(click lower right corner to enlarge)

Taylor Shellfish has proposed placing 58 rafts near the mouth of Totten Inlet to expand production of their non-native Mediterranean mussels sold. Thurston County required an environmental impact statement to be performed which the Hearing Examiner decided was lacking in its analysis of cumulative impacts. The Examiner gave Taylor the opportunity to provide additional information which they chose not to do, and instead asked that the permit be denied. [click here to read Taylor's request for denial] The Examiner complied. Over one year later, additional information the Examiner asked for is now being provided to the Shoreline Hearings Board.

After the permit was denied (as requested) Taylor then appealed that decision to the Thurston County Board of Commissioners. The Commissioners in turn agreed that the information provided was lacking in its analysis of cumulative impacts, supported the Examiner's permit denial, and denied the appeal.

After the Commissioners decision, Taylor then appealed the decision to the Shoreline Hearings Board where it will be heard, with additional information now being provided. Thurston County's Prosecuting Attorney's Office and APHETI's attorney David Mann (Gendler and Mann) will defend the decision to have denied the permit. [click here for APHETI site]

Taylor Shellfish could have easily provided the Hearing Examiner the additional information they are now providing to the Shoreline Hearings Board. Not having done so has resulted in a significant expense to Thurston County taxpayers.





Tuesday, November 27, 2012

Why Does Drakes Estero Matter to the East Coast Shellfish Growers Association?

And why should you care?
 
Drakes Estero, Part of
Point Reyes National Seashore

Recently the East Coast Shellfish Growers Association (ECSGA) Director Bob Rheault sent out an email to members describing the National Park Services as being on a "crusade" to eliminate a commercial shellfish operation and having "fabricated evidence and harassed good, hard-working people in their effort to eliminate 60 jobs and half of California's oyster production."

"used against our industry for decades to come."
His real concern wasn't about jobs or the operation. It was about the EIS showing the very real adverse impacts the shellfish operation was having, and would continue to have, on the wilderness shoreline area of Drakes Estero. More important to Mr. Rheault was that information would be "used against our industry for decades to come."  [click here for the EIS]

Invasive Tunicates on Drakes Bay Oysters

Wilderness and the Lunny Family
When the Lunny family purchased the commercial operation they made a tactical business decision which included trying to convince the National Park Service they should renew a lease which they knew expired in 2012. They were aware the National Park Service did not consider the commercial shellfish operation fitting within the definition of "wilderness" and operations would cease.

Debris from the Commercial Operation

Established by Congress in 1964, the National Wilderness Preservation System was created to ensure some areas would be preserved and protected in their natural condition for the permanent good of the people. These areas would be designated wilderness areas, further defined as "an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation which is protected and managed so as to preserve its natural conditions." In 1976 it was decided that an area on Point Reyes, making up over 33,000 acres, would be designated "wilderness" or "potential wilderness", including Drakes Estero. Part of that decision included "efforts to steadily continue to remove all obstacles to the eventual conversion of these lands and waters to wilderness status." A major obstacle in achieving this goal was the shellfish operation whose lease expired in 2012.

Drakes Bay Oyster Company
"Wilderness"

In business there is risk. Sometimes it is out of our control. Sometimes it is within our control. When the Lunny Family purchased the commercial shellfish operation they were fully aware of the risk, including the fact that the lease expired in 2012. Their hope was they would be able to muster allies, including members of the shellfish industry, to help convince the Federal Government that somehow their commercial operation did, in fact, fit the definition of "wilderness." It does not.

Why the Shellfish Industry Cares so Much
As part of the decision process which the National Park Service used, an Environmental Impact Statement was required. In that EIS the NPS analyzed the various alternatives and what impacts those alternatives contained. Included in that analysis were impacts from the non-native Pacific Oyster and Manila Clam encroaching into native species' habitat; spreading of the non-native tunicate Didemnum vexillum from the shellfish farm operation; noise; visual; and erosion/accretion from the various structures used by the operation. The EIS was clear in its conclusions about the continued operation:
  • It would result in long-term unavoidable adverse impacts on eelgrass, wetlands, wildlife and wildlife habitat (benthic fauna, fish, and birds) due to continued disturbance of sediments in Drakes Estero by another 10 years of DBOC (Drakes Bay Oyster Company)  motorboat use.
  • Long-term unavoidable adverse impacts to the benthic fauna would result from the continued cultivation of nonnative species (Pacific oysters and Manila clams...) in Drakes Estero. [adverse impacts included were the establishment of nonnative breeding populations; substrate for the establishment and spread of the nonnative invasive tunicate Didemnum vexillum; and, adverse impacts on eelgrass]
  • Noise would disrupt the bilogical activity of birds, such as foraging and resting behavior, potentially leading to a reduction in fitness and reproductive success. 
  • The NPS would be unable to create the congressionally designated wilderness area.

Why does it matter to Puget Sound?
NOAA and Governor Gregoire, through lobbying from the shellfish industry at a national and state level, have created the National and State Shellfish Initiatives. Through these programs, immense pressure is being put on agencies to allow for the significant expansion of the shellfish industry along the shorelines and in the waters of Puget Sound. Primary species supported by the programs include the nonnative Pacific oysters and Manila clams, noted in the EIS as having a long-term and significant adverse impact, as well as the nonnative Gallo mussel. In addition, geoduck are being planted in densities and in areas they do not naturally grow, higher in the tidelands, through the use of PVC structures and "nurseries."

"The Wild Olympics are our common ground.
But the tidelands are mine."
 
At the same time, there is a major effort being put forth to create a "Wild Olympics" which would expand the wilderness on the Olympic Peninsula. Not yet included in that effort is the recognition that tidelands play as important a role, if not more so, than the rivers and forests being proposed for inclusion. Instead, these tidelands are being looked at as "shellfish factories" which the proposed wilderness areas will protect. In that function they are being smothered with grow-out bags; filled with PVC pipes, placed every square foot; and covered with netting. All altering the habitat supporting native species.

The nearshore environment is being impacted by far more than upland development. It is now the shellfish industry which is being brought under scrutiny, as it should be. The tone and attitude are reflected in the following email sent to the East Coast Shellfish Growers Association. Will this attitude and tone be what guides the decision on Drakes Estero and the future of Puget Sound's tidelands?

(From Bob Rheault, Executive Director of the East Coast Shellfish Growers Association to its members)

Folks
for the past five years I have periodically shared with you the tawdry details of the crusade by the National Park service to eliminate the oyster farm in Drakes Estero outside San Francisco. The NPS has falsified data, hidden exculpatory evidence, fabricated evidence and harassed good, hard-working people in their effort to eliminate 60 jobs and half of California's oyster production.

In what should beheld up as a sterling example of sustainable food production in harmony with nature, we see instead a farm being vilified by misguided government scientists and administrators.

What is worse is that the shoddy, misleading "science" being used to vilify these good people will be used against our industry for decades to come. We must stand up and defend these guys. We have evidence of fraud, data manipulation, incompetence, violations of national scientific integrity policies. Yet the NPS refuses to pull any of their discredited publications down.

Wednesday, October 31, 2012

Spraying Imazamox on Japanese Eelgrass, EIS/Permit Comments Due Nov 2

Comments on the Department of Ecology's proposal to issue a permit to allow spraying imazamox onto Japanese eelgrass in Willapa Bay are due November 2 by 5PM.
[click here for complete information]

Ecology prefers to have comments submitted by email to: EelgrassComments@ecy.wa.gov; or,     
You may submit comments to:    
Kathy Hamel
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600

Is this non-native Manila clam more important
than the habitat functions of Japanese eelgrass?


Background

Introduced into Washington's waters by the shellfish industry in the early 1900's, Japanese eelgrass has become an established species supporting a diversity of life. Migratory waterfowl use it as a source of energy as they pass by. Forage fish use it for protection and Herring for spawning. Sediments are stabilized through its root system. CO2 and nitrogen are removed from the waters and sediments, helping to lessen ocean acidification.
[click here for a 12mb file on eelgrass meadows by USFWS]

For years these critical habitat functions were recognized by the Washington Department Fish and Wildlife. It was listed on their Priority Habitat Species list. WDFW Hydraulic Code Rules still do not distinguish different species of eelgrass, noting:  "WAC 220-110-250(3) "The following vegetation is found in many saltwater areas and serves essential functions in the developmental life history of fish or shellfish:
      (a) Eelgrass (Zostera spp [
spp is used to denote multiple species, not single species]); " [
click here for WAC 220-110-250, Saltwater habitats of special concern]

The Department of Ecology's Shoreline Master Program Updates guidance manual notes: "The SMP Guidelines currently do not distinguish between protection requirements for native (Zostera marina) and non-native (Zostera japonica) eelgrass. Eelgrass is considered a critical saltwater habitat in the SMP Guidelines per WAC 173-26-221(2)(c)(iii) and requires "a higher level of protection due to the important ecological functions they provide." WAC 173-26-241(3)(b)(i)(C) states that aquaculture should not be permitted where it would adversely impact eelgrass." (page 10) [click here for manual]


Shellfish Politics: Minimize Public Involvement

Despite the critical habitat functions being recognized and codified in Washington law, Bill Dewey with Taylor Shellfish was able to convince the Director of Washington Department of Fish and Wildlife that because Japanese eelgrass was "non-native" it should be removed from their Priority Habitat List. So doing opened the door for the Noxious Weed Board to list it as a "Class C" Noxious Weed.

The importance of this to the shellfish industry is found in the Noxious Weed Board minutes from November 2, 2011: "...the growers explained that there will be a lot of scrutiny when they use chemical or mechanical measures to control Japanese eelgrass...they can point to the listing to support the concern that a noxious weed is having ecological/economic impacts." [click here for minutes] (Note: Pacific County recently requested the Noxious Weed Board to expand application to all tidelands, in part to help "shellfish gardens", a term promoted by the shellfish industry for non-commercial shellfish planting.)

In executing the strategy above, the shellfish industry was able to minimize public hearings before the legislature, something required to change the various WAC's which do not distinguish between Japonica and Marina, considering all eelgrass to be important. Below is an internal WDFW email detailing the strategy, noting "much discussion with industry leader Bill Dewey." His concern? "Industry opinion" wanted to avoid a "...public rule making process that would target industry as promoting reduced protection of eelgrass in the state."



The Current Proposal: Imazamox for Everyone (almost)

After the shellfish industry was able to convince WDFW to remove Japonica from its Priority Habitat Species list and the Noxious Weed Board to list it as a Class C weed on commercial shellfish farms, their focus turned onto the Department of Ecology. The shellfish industry provided DOE with stories of "small manila clams." They provided a "white paper," commissioned by the Pacific Shellfish Growers Association, describing an "invasion." With "support" provided by the Noxious Weed Board's action, the shellfish industry was able to convince DOE to issue a permit proposal which would have allowed for the application of the herbicide imazamox onto Japanese eelgrass wherever there was a "commercial shellfish farm", a term as yet undefined,

Agencies and the public all expressed concerns, some questioning whether growing a non-native manila clam was so important it should allow for a non-discriminate* herbicide to be applied. (* Imazamox will kill any aquatic vegetation it comes in contact with.) As a direct result of these comments DOE scaled back its permit to allow for application only on commercial shellfish farms in Willapa Bay and that an Environmental Impact Statement be created.

November 2, comments are due on whether this is something to consider, and if so, what the limitations should be.

Non-native Species and Self Induced Problems

One of the significant questions for agencies to consider is the role the shellfish industry has played in transforming Willapa Bay into what we see today. Their direct actions created self induced problems: over harvesting lead to non-native oysters being introduced and with them Spartina and Japanese eelgrass. With over harvesting, the structured reefs of native Olympia oysters were eliminated. The shells which oysters used to set on disappeared, followed by the expansion of the Ghost shrimp population, causing softer sediments. The shellfish industry initiated spraying of chemicals throughout Willapa Bay to get rid of Spartina and Ghost shrimp. Elimination of Ghost shrimp caused sediments to firm, which also created a habitat for Japanese eelgrass to expand into. Now they wish to spray Japanese eelgrass because they claim the non-native manila clams are not growing as large as they used to. All of this, where for the first time in 8 years a natural set of oysters has occurred. What will the addition of imazamox and hundreds of acres of Japanese eelgrass it has killed do to the water chemistry?

At some point agencies will be asked how much they are going to allow the shellfish industry to transform Washington's marine habitat for their economic benefit. If non-native Japanese eelgrass is going to be eliminated, why not non-native Pacific oysters and Manila clams? Both of those non-native species have taken over the habitat of native Olympia oysters and Little neck clams. Is it unreasonable to consider a permit for the erradication of those non-native species?

Get involved. The shellfish industry is. Comments are due November 2 by 5PM.