Conflict Over Hunting Rights Sullies Tolowa Dunes
Transcription
Conflict Over Hunting Rights Sullies Tolowa Dunes
ECONEWS The Newsletter of the Northcoast Environmental Center Conflict Over Hunting Rights Sullies Tolowa Dunes A brutal battle over land use has once again sullied the Tolowa Dunes. The coastal bluffs outside Crescent City, California were once a hold-out for the state’s largest remaining intact tribes. Sheltered behind a secluded curtain of redwood trees, miles from the gold discovered in the Trinity River, and a safe distance south of the Oregon Trail, generations of Tolowa Indians survived Spanish colonization and early pioneer settlement. This ancient way life came to an abrupt halt in 1853, when the second largest Native American massacre in United States’ history decimated an entire village. Now located within Tolowa Dunes State Park, the massacre site is under fire from sportsmen with an eye for robust waterfowl, and administrators who want to weaken protections to accommodate them. While environmental groups argue waterfowling will harm rare species, and a group of well-connected hunters say they have historic rights to the site, the Tolowa worry they have no voice in conversations that impact their homeland. In August, the California Department of State Parks proposed that Tolowa Dunes be reclassified as a recreation area. While hunting is against the law in all state parks, demoting the site would open the door for licensed sportsman and their guns. “Hunting here is like digging through the ash pits of a World War II concentration camp, or carrying a gun onto a cemetery,” said Loren Bommelyn, a Tolowa dance maker, member of the tribal council, and local high school teacher. Historians debate the time of year, but the Tolowa massacre likely took place near the Autumn Equinox. A ten-day world-renewal ceremony called Nee-dash was about to begin, and Tolowa came from miles, floating their hand-carved canoes down the Klamath and Smith Rivers. They were headed to the redwood-plank village that lined the shore of the Yontocket Slough—the center of the Tolowa’s genesis story, and now a destination for bird watchers, hikers and wildlife photographers. “The little town of Crescent City noticed all the canoes stacking on the shore, and made the assumption [the Tolowa] were coming to kill them,” said Bommelyn. By Amy Coombs “But it was a pilgrimage to Mecca. If the settlers had been here longer they would have known.” United States militia stormed the ceremony, lit fire to the wood houses, and shot the evacuees as they ran. The men staying in sweathouses alongside the slough slid out the door, and into the water. They pushed their way into the south end of the swampy pond, and hid beneath floating bodies until day came. “This is why one of my great uncles survived. The men lived in the saunas, so they were close to the water and could hide,” said Bommelyn, whose grandmother hid under an upside down basket while her tribe was massacred farther north. Beneath a sign and fence in Tolowa Dunes State Park rest the remains of 450 massacre victims. As the expanding west quickly built over the Native Americans it butchered, and many remaining locations are kept private due to past looting, the Tolowa Dunes remain one of the few places where Native American genocide is openly marked. Perhaps this is why the graveyard ignites charged emotions. “People aren’t reverent to the fact that it’s a massacre site. People don’t know how to be reverent to that. For example, people kill the ducks and waste them, when we believe you shouldn’t waste anything. Sometimes the animals are left wounded,” said Suntayea Steinruck, Tolowa Tribal Heritage Preservation Officer. Yet Steinruck said some Tolowa remain ambivalent about whether hunting should be entirely banned. “On the other side of things, the creator gave us food to eat and we hunted there traditionally. The problem is the way hunters are allowed to do things. The environmental groups keep asking if we are for or against it, and the hunters say they have been doing this for generations. We have never even been part of the process, and if we had, things would be done in an entirely different way.” The site also remains an active burial ground. After a long series of negotiations with State Parks, in 1999 the Tolowa began burying descendants of massacre victims on location. Just a few feet from the contested parcel rest recently buried Tolowa grandmothers. Once Unlike many forgotten locations of Native American genocide, the Tolowa Dunes massacre site is a marked memorial. During the “Taa-laawa Dee-ni’ Holocaust” of 1853-1856, the Tribe diminished from 10,000 to 1,000. Now hunters have their eye on Tolowa ancestral land. Will the site lose protection? Photo: Smith River Rancheria Archive. used for ceremony, the sloughs below are part of the reclassification proposal. From Nee-dash to Chivalrous Duck Hunters Hunter Mitch Farro agreed that the Tolowa Dunes are a special place. “The waterfowl hunting isn’t fabulous in there, but it’s a place where you have to get out and walk,” he said. Even with thousands of acres of similar, less-restricted habitat at the adjacent Lake Earl and Lake Tolowa, Farro said the dunes are his favorite place to hunt. “Lake Earl is a big body of water and requires a boat, and you have to row during waterfowl season,” he said. Farro has hunted at the grassy dunes with his friends for decades. This changed in 2001 when the site became an official state park. On the last Saturday of hunting season, Farro met a ranger when leaving the dunes. “He told us to enjoy it, We are scheduled to break ground We’ve collected 69 percent because tomorrow is the last day you can hunt,” said in late spring/early summer of 2011 of the matching funds needed Farro. “I got together with the California Waterfowl th to remove contaminated soil and to move forward with the 9 Association, and we started making calls to State Parks. replace it with clean soil. After the Street clean up process! Frankly, their response was ‘we stole it fair and square, soil is removed, a bio/chemical As reported in the so tough luck. ’ ” oxidation agent will be injected June/July ECONEWS, the The Tolowa word for white man (Matlh-mii˜t’i) has into the site soils to assist with the Northcoast Environmental a double meaning. It can be translated as ‘one who breakdown of the contamination. Center received a $200,000 brandishes a knife. ’ It also implies ‘one who is restricted When the injection is complete, federal EPA Brownfields by their object or possession. ’ After the dunes were clean soils will be placed on site and grant to clean up the site designated a state park, the knives came out on both the groundwater will be monitored where our building burned sides, said Bommelyn. for 18-24 months under the to the ground in 2001. But “We were upset,” said Farro. “I wasn’t going to be told supervision of the Regional Water a condition of the grant was by a state employee that I should just go away and give Quality Control Board. that we raise $40,000 in up. We wanted them to do a land swap with Fish and After the monitoring results are matching funds. Game. We got them to sit down at the negotiation table. reviewed, we expect to receive a Thanks to the support of But in the end State Parks wouldn’t hear of it.” clean bill of health. The NEC Board our members, the generosity Instead the two agencies agreed to continue with of Directors is determining whether of Green Way Partners and seasonal hunting on the site. This posed some legal to develop, lease or sell the property a grant of $10,800 from the challenges, as Tolowa Dunes was now designated parkland. once it has been thoroughly and Humboldt Bay Recreation “Hunting isn’t allowed on state park lands, so you Enhancement and Water Quality Fund, a fund of properly cleaned. may ask how we had this authority, ” said Roy Stearns, the Humboldt Area Foundation, the NEC is only With the goal in sight, we encourage you to dig Deputy Director of Communications at California State $12,540 away from having all necessary funds for a little deeper to donate towards this worthy cause. Parks. “My understanding is that we actually transferred the clean up. Thank you for your continued support! land to Fish and Game for hunting season. It was no longer a park during hunting season. Instead, it became Department of Fish and Game Property, where their rules applied.” Park lawyers cite California Government Code 14673, which allows agencies to sell land to one another, Mercury in Ruth Lake Fish......................3 Planning for Resilience.............................8 said Stearns. “In connection with such a transfer, the director may authorize the payment… from available An Argument for Better Community Design No Advisory Will Be Posted By Health Officials of the receiving agency to the transferring A Train, a Trail, or Both?..........................5 Kids Page: Learn About Frogs...............10 funds agency,” reads the code. Did You Know There Are Frogs Without Tails? Struggle Continues Over Rail Proposal Environmental activists question State Parks’ All Species Ball Photo Collage...............11 interpretation of this code. “You shouldn’t be able to 9th Circuit Court Win .............................6 Logging Roads Now Require Permits transfer a state park for a few months to allow illegal The Creatures And Critters Came Out To Dance! Atrazine Is Sprayed in Forests Too.........7 New Pollution Rules for Klamath.........13 hunting. This subverts the process of a state park,” said Wendell Wood, a Tolowa Dunes volunteer, who is also Chemical Maker Silences News Media Regulations May Improve Water Quality associated with some of the local environmental groups Cleanup Of Old Site Moving Forward Inside This Issue New Harvest Plan Moves Forward ........7 Matole Permit Plan Sparks Debate Eco-Mania................................................15 A Monthly Melange of Salient Sillies Continued on Page 4 ECONEWS is the official monthly publication of the Northcoast Environmental Center, a non-profit organization, 791 Eighth Street, Arcata, CA 95521; (707) 822-6918; Fax (707) 822-6980. Third class postage paid in Arcata. ISSN No. 0885-7237. ECONEWS is mailed free to our members and distributed free throughout the Northern California/Southern Oregon bioregion. The subscription rate is $35 per year. Editors: Sarah O’Leary [email protected], Amy Coombs [email protected] Layout and Design: Gary Bloomfield Advertising: Sarah O’Leary, [email protected] Proofreaders: Midge Brown Staff Photographer: Sam Camp Writers: Dan Ehresman, F. Thomas Cardenas, Tara Stetz, Pete Nichols, Sylvia Ann White, Sarah Marnick, Sue Leskiw, Kerul Dyer, Sid Dominitz, Beth Werner, Ken Burton. Artists: Terry Torgerson Cover Art: The Yontocket Slough is currently part of Tolowa Dunes State Park. Photo: Wendell Wood NEC Mission To promote understanding of the relations between people and the biosphere and to conserve, protect and celebrate terrestrial, aquatic and marine ecosystems of northern California and southern Oregon. NEC Board Of Directors California Native Plant Society Jen Kalt (Secretary) [email protected] Redwood Region Audubon Society Ken Burton [email protected] Sierra Club North Group, Redwood Chapter Lynn Ryan [email protected] Humboldt Baykeeper Pete Nichols (President) [email protected] Friends of Del Norte Eileen Cooper [email protected] Safe Alternatives For Our Forest Environment Larry Glass [email protected] At-Large Jim Clark (Vice President) [email protected] Martin Swett (Treasurer) [email protected] Bob Morris (Trinity County Representive) [email protected] Volunteer submissions are welcome! Full articles of 500 words or fewer may be submitted by the 15th of each month, preferably by e-mail. Longer articles should be pitched to the editor, contact amy @yournec.org or call 707-845-3902. Include your phone number and e-mail with all submissions. Ideas and views expressed in ECONEWS are not necessarily those of the NEC. Every issue of ECONEWS is printed on recycled paper with soy-based inks. Please Recycle. Don’t Let Your ECONEWS Expire! Check your mailing label on the back page now, and renew your membership if needed. Baker Beach by Maureen McGarry volunteer-written articles Now that the busiest is no small task. Sarah part of our outreach has managed to do this all season is behind us, we’re and turn ECONEWS into taking a moment to reflect a more visually appealing on all the support and publication. We wish positive energy we have Sarah well in her future recently received. Because endeavors, and thank her of folks like you, the NEC in advance for the troublecontinues to be a voice for shooting phone calls she’s environmental awareness bound to receive from us. and education on the Amy Coombs is North Coast. replacing Sarah as The much-anticipated ECONEWS Editor – look September events went for her articles in this off without a hitch. Our issue. Amy has worked as volunteer power was in full a freelance environmental swing at the All Species The NEC’s big fundraiser, the All Species Ball, brought out critters from all corners of writer and editor and has Ball, and everyone had a the community. Photo: TerenceMcNalley, Arcata Photo Studio published more than 300 blast! The event could not outreach coordinator, did a terrific job popular environmental have happened without organizing volunteers and collecting and science articles. Gary Bloomfield, the generosity of our many sponsors, data on local beaches. current producer of the Sandpiper, donors and volunteers. We would like Adding to the excitement of an will take over the layout and design of to send out a special thanks to Nancy active outreach season, we’ve also ECONEWS. We’re happy to welcome Stephenson for helping coordinate the welcomed some new staff members. them both to the team, and we hope event and to Brian Shields for turning Allison Toomey and Alanna Cottrell you enjoy the new energy! all the donated produce into a truly are the newest faces at the NEC. Both Remember that this is your NEC. We delicious meal. And thanks to each and are enrolled in the Federal Work Study love hearing from you. To get involved every one of you who came to join in program and arrived at a time when we or to donate, please contact our office the fun. Look for more photos of this couldn’t have needed them more. at 707-822-6918, email us at nec@ fabulous event on page 11. It’s with regret that we will be yournec.org or stop in our office in 2010 marks the most successful saying farewell to Sarah O’Leary Jacoby’s Storehouse on the plaza, Coastal Cleanup Day yet in Humboldt who has done incredible work as the 791 8th Street. County! More than 1,000 volunteers ECONEWS Editor. Coordinating the collected 5,000 pounds of trash at ~Tara Stetz, Office Manager production of this paper and the many 45 local beaches. Lisa Zystro, our We Want Your Letters! Bouquets This month’s floral tributes go to: Brian Shields of Split Hog Catering. Thank you for practically donating your services for the All Species Ball. You stayed within our small budget and whipped the donated farm produce into a delicious meal. Nancy Stephenson, party planner extraordinaire, and owner of Imagine jewelry. There is no way we could have pulled such a huge event off without you. Thanks for donating your time and materials. We’re very lucky! Bruce Slocum, Coastal Cleanup volunteer. You have been cleaning up the beach near the mouth of the Eel River for over 20 years. You have been the NEC’s point-man at the mouth of the Eel River for many years. Thanks for bringing your boat along, not to mention the ATV, and a trailer. You helped orchestrate the removal of over 2,000 pounds of garbage this year! Sarah O’Leary, ECONEWS editor, writer, layout wizard, and crisis-solvingmachine. We’re really going to miss your talents, patience, and last-minute wrangling. You have pulled off each issue of ECONEWS with style and professionalism, and transformed our little paper into something great. Please stay in touch, and keep us in the loop as you go on to do amazing things. Tara Stetz and Lisa Zystro, NEC event coordinators. The All Species Ball was a magical event!, and Coastal Cleanup was bigger than ever! Thanks for creating beauty out of chaos, and for facilitating people along the way. Things couldn't have gone better, and we owe it all to you! Arts! Arcata At The NEC Join us this month and next for our fun-filled Arts! Arcata celebrations – on Fridays October 8 and November 12. In October we are featuring the watercolors of local painter, Maureen McGarry. After teaching art to children in Humboldt County for 35 years, McGarry has now returned to watercolor painting. Her recent work focuses on beaches, where she has found pleasure in simply acknowledging the beauty that surrounds her. Stop by during Arts! Arcata, or any time 2 News From the Center in October, to view McGarry’s panoramic watercolors of Trinidad beaches. She paints in the panoramic format because she believes this brings in the viewer’s peripheral vision; evoking “that sense of place where one can feel the ocean breeze and smell and taste the salty air.” In November we’ll have the digital art of Jim Lowry on display. Lowry used to paint with acrylics, he says, but now he uses pixels. “To say that working in the digital medium is a stimulating experience would be an understatement,” Lowry said. “With digital art the potential for exploration is vast. The computer and digital camera combination gives me the feeling of freedom to do whatever comes to mind. There is a sense of newness to this medium, and I enjoy being near the edge of new directions in art.” As always we’ll be pouring high quality wines provided by Libation and serving some sweet and savory snacks. www.yournec.org Feeling irritated by something you read here in ECONEWS? Or maybe one of this month’s articles made you jump for joy. Tell us about it! Try to keep your letter to 300 words or fewer and include your full name and city of residence. We may edit for space and clarity. E-mail letters to [email protected], or mail to P.O. Box 4259, Arcata, CA 95518. We welcome your thoughts and comments! Marine Protection A Good Thing Dear ECONEWS, Most Thursday mornings a popular boat trip begins in Ventura, California. If weather and traffic conditions permit, the boat will drop anchor first in Landing Cove on Anacapa Island, 25 miles away. Anacapa is part of the Channel Islands National Park. Some of its coastline has been protected under the MLPA for the last five years, some is unprotected and some is off limits only during the Brown Pelican nesting season. But Landing Cove is unique, it has been protected area for over 30 years. The boat is the Peace dive boat and, unfortunately, all of its passengers are scuba divers. Unfortunate because only that small percentage of California’s residents will ever get to see a long term marine reserve and be able to compare it to unprotected adjacent areas. The difference is unbelievable. Landing Cove is lush with big fish, scallops and lobsters, it’s what California’s coastal marine environment was like 200 years ago. I started diving these waters in the mid 1960s as a teenager – before it was protected - and it wasn’t like that then. In Mendocino there are still a lot of abalone but large fish are few and far between. Marine protected areas are long overdue in California. Frank Onstine Blue Lake, California October/November 2010 ECONEWS Study Finds High Mercury Levels in Ruth Lake Fish No public eating guidelines will be issued for fish at Ruth Lake, and no advisory will be posted to warn fishermen about high mercury levels in largemouth bass, despite a recent study that found high levels in the popular fish. It’s not that contamination levels are disputed, or that the mercury will disappear from the environment any time soon. Rather the Office of Environmental Health Hazard Assessment (OEHHA) can’t burden the public— at least until they have good news to share. “Fish are an important part of a healthy diet, and provide vital nutrients such as Omega 3s. We need data from a variety of species so that we can not only warn about species that are high in mercury, but also recommend the species that are safest to eat,” said Colleen Flannery, of OEHHA’s Legislative and External Affairs. Largemouth bass recently sampled from Ruth Lake averaged mercury levels of .71 parts-per-million (ppm). Eleven fish were sampled, ranging from .44 to 1.08 ppm. The results were published in June as part of a statewide survey of lakes. “The mercury levels in Ruth Lake bass are well above the threshold at which OEHHA advises no consumption for sensitive populations,” said principal investigator Jay Davis, of the San Francisco Estuary Institute. The study was contracted by the Surface Water Ambient Monitoring Program (SWAMP)—a program of the California State Water Board. According to OEHHA’s Fish Contaminant Goals, children and women of childbearing age are warned not to eat servings of fish that contain more than 1.3 ppm of mercury. Servings with concentrations of .44 ppm should only be eaten once a week. “Serving sizes are based on an average 160 pound person. Individuals weighing less than 160 pounds should eat proportionately smaller amounts (for example, individuals weighing 80 pounds should eat one 4-ounce serving a week when the table recommends eating one 8-ounce serving a week),” says the report. Fish from many lakes exceed these levels. Largemouth bass from Mendocino’s Lake Pillsbury averaged mercury levels of 1.29 ppm, and bass taken from Almaden Lake near Oakland averaged 2.15 ppm. Bass with such high levels have been listed in past OEHHA safe eating guidelines. An October 2005 guideline for the Trinity River warns women between the ages of 18 and 45 to avoid eating Largemouth and Smallmouth bass. These are the only species listed under the “do not eat” category, due to mean mercury levels of .55 ppm and .39 ppm, respectively. This is a fraction of the average mercury levels found in Ruth Lake bass. No Safe Eating Guidelines On Mercury More than a thousand people fish at Ruth Lake each year, and many come in search of bass. “I would estimate about 15 percent of the fish caught are bass or trout,” said Terry White, manager at the Ruth Lake Community Service District. Without a posted advisory, fishermen cannot make an educated decision about the potential harms of the mercury. “I might keep eating the fish, but if a By Amy Coombs indicator species like largemouth bass is widely woman came in and was pregnant, I would want to say consumed by the public? Even if bass can’t be used to something,” said White. estimate mercury levels in other fish species, they are a The Ruth Lake Community Service District does not problem in and of themselves. “Bass are a known source have authority to post the advisory, as they lease the of contamination, and they are widely fished at Ruth water from Humboldt Bay Municipal Water District. Lake,” he said. “Water quality is ultimately not our concern,” said White. OEHHA does not dispute the mercury The Water District, in turn, is directing questions concentration in the fish, but about mercury says it lacks the authority, contamination to budget, policy guidance, and staff OEHHA. “We learned resources to issue a guideline that OEHHA is for a single fish at a single body responsible for notifying of water. Without an eating local county health guideline published by OEHHA, departments, who local health groups can’t post an are responsible for advisory that warns fishermen. posting contamination advisories,” said Aldaron Where Does It Come From? Laird, who sits on the The study was commissioned to board of directors at the help identify lakes with impaired District. water quality, and Regional Water Laird argues the Boards across the state may now report should never have have to design cleanup plans for been released to the local lakes. public, as it raises alarm States must develop a list of in a time when no public water bodies that do not meet health agency will post water quality standards, establish a warning. The levels of priority rankings for the rivers mercury found in fish and lakes on the list, and develop are much higher than in action plans, according to The the surrounding water, Federal Clean Water Act section Mercury was used by Victorian-era hat makers to treat fur, resulting and drinking water in tremors and memory loss. This was the basis for Lewis Carroll’s 303(d). Management plans will from Ruth Lake poses Mad Hatter character in the classic novel Alice in Wonderland. Today identify the total maximum daily mercury exposure occurs at lower-levels, and usually comes from no concern. loads (TMDL) of mercury that can contaminated fish. Largemouth bass are not stocked at Ruth Lake Fish bioaccumulate by the Department of Fish and Game. The high mercury levels found enter the lakes. mercury because of in bass likely come from the lake’s food web. “I would expect that Ruth Lake their high position in Drawing courtesy The Victorian Web. will qualify for the 303(d) List,” the aquatic food web. said Davis. Mercury is protein loving, and about 90 percent of the No research into the sources of mercury at Ruth Lake chemical a fish consumes remains in its body. Called has been conducted, but the chemical is likely entering indicator species, predators like largemouth bass retain the lake as inorganic mercury, which occurs naturally in the mercury found in prey. mineral deposits and is generally considered harmless. This is why high mercury levels in bass do not Lake bacteria convert inorganic mercury to methyl necessarily warrant a safe eating guideline for the lake, mercury, which is the problematic form. said Flannery. “We can’t assume all fish have high Studies have shown that logging and mining levels,” she said, “and based on data from an indicator combined with erosion cause inorganic mercury to species alone, we can’t issue a safe eating guideline.” accumulate in lakes and bays. If these sources are the Safe eating guidelines require samples from at least culprit, the disruption would have to be recent. After nine or ten different species, indicating fish with low many years, mercury settles to the bottom of the lake and high concentrations, said Flannery. “We try to where it is buried under sediment. balance the health risks from contamination against “Logging isn’t the first place I would look, but we the health benefits of fish, and recommend species and certainly can’t rule it out,” said Davis. consumption levels that are lowest in mercury,” she said. Neither OEHHA nor SWAMP have plans to sample Brown bullhead fish from Ruth Lake were also additional fish at Ruth Lake. “The SWAMP study is a sampled, in 2007, but they only had .12 ppm levels of final report, and while it’s not premature to say there mercury. In a different study, blue gill and rainbow is a mercury problem at Ruth Lake, there is no further trout were both sampled from the middle of Ruth research planned at this time.” said Davis. Lake. Mercury levels were .20 ppm. The report was Even if Ruth Lake addresses its mercury problem, the published in 2007 by the Northern District of the State clean up process could take decades. In the meantime, of California Department of Water Resources. those who fish on the lake’s scenic shores will continue But these are not the only fish consumed at Ruth eating bass, perhaps without knowing they are Lake, points out White. What happens when an ingesting mercury. Big Oil Threatens California’s New Emissions Standards This November voters will decide whether to check “yes” or “no” for Proposition 23, ultimately determining the fate of California’s climate change policy. Prop 23 would suspend implementation of climate change measures, including air pollution monitoring and reduction for California’s largest polluters. Climate change initiatives would be put on hold until the statewide unemployment rate hit 5.5 percent for a full year, a goal economists predict is at least ten years out. The hotly debated ballot initiative faces strong opposition on the North Coast due to its ability to evaporate funding for green projects and concerns over legal precedence. “Prop 23 is AB 32 backwards. I support AB 32,” said Arcata Mayor Alex Stillman. “We are shortsighted if we do not support AB 32, and in this case that means opposing Prop 23.” Passed in 2006, AB 32 implements policies designed to curb climate change, including a cap-and-trade program that allows carbon offset credits to be sold. But Take Action! Come to a “No on Prop 23” phone-call party with the North Group Sierra Club. Bring your cell phone to Coffee Break Café in the in the Sunny Brae Centre, Arcata on Sunday, October 10, from 5 to 7 p.m. Free pizza will be provided. Call Jennifer at 707-845-1216 for more information or go to www.350.org/StopProp23. ECONEWS October/November 2010 By F. Thomas Cardenas the so-called “California Jobs Initiative,” Prop 23, would do-away with AB 32’s primary goals—at least until the economy improves. While Prop 23 hinges on an economic improvement platform, local city leaders say it will more likely have the opposite effect. AB 32 creates a range of green market opportunities, including forest carbon projects and offset accounting, and its suspension would stop many projects in the making. Stillman said she and other county officials have been looking toward green technologies for economic development, and passing Prop 23 could potentially derail funding. Other opponents to Prop 23 include gubernatorial candidates Jerry Brown and Meg Whitman, as well as Humboldt County District Attorney Paul Gallegos. Gallegos said axing pollution caps and climate change efforts deteriorate community health around the state, not to mention the environment. “I find the fact that this initiative is financed by out of state billionaires [Charles and David Koch] and Texas oil companies [Tesoro and Valero] particularly distasteful… I look forward to this misguided attempt to hijack democracy failing by a landslide,” he said. The No on 23 campaign has also established a base on the HSU campus, where it has recruited student interns and volunteers to raise awareness. “This is a do or die situation for California,” said Taylor Held, field coordinator with Environment California, a non-profit sponsor of No on 23. “If we www.yournec.org roll back California’s landmark regulations, it will stifle the growth of our green energy economy and set a precedent for the oil companies to go into other states and essentially buy their way through regulations that affect their businesses.” Held said the campaign has organized students on 30 college campuses across the state. A mass demonstration is being planned. With such a strong foothold in the community and a statewide protest on the way, it is difficult to imagine how the oil companies can recapture the polls and public opinion. But in the end, voters will decide on November 2. F. Thomas Cardenas is a Humboldt County Volunteers spread the word about based freelance Prop 23 at Humboldt State University. journalist. Photo: F. Thomas Cardenas 3 Tolowa Dunes, Continued from Page 1 “This sanctioned hunting, but only until the area was to become a state park,” said Stearns. As the seasonal land managers, Fish and Game had to designate separate regulations for the Tolowa Dunes. They limited the hunt to three days a week near the slough, as opposed to seven days on Lake Earl. This regulation was rescinded in 2009, leaving no management plan for hunting season. It wasn’t until this regulation was rescinded that State Parks revisited their argument about the legality of onsite hunting, said Stearns. “Our legal staff looked at the transfer. We now don’t think we have the legal authority to allow hunting on land designated as a state park, even with a temporary transfer. We spotted this ourselves,” said Stearns. A hunting prohibition went into immediate effect in 2009, before the waterfowl season began. Opening day came, and hunters The Yontocket Slough once ran red with Tolowa blood. While the tribe wants to showed up with guns and licenses. They were bring ceremony back to the site, the land may instead be opened for waterfowlturned away on the spot. Once again, tempers ing. Hunters will carry their rifles past an active burial ground. Photo: Smith River began to rise. Rancheria Archive. By now the California Waterfowl Association had formed a lobbyist group the property one of the considerations to be studied,” called the California Outdoor Heritage Alliance. wrote State Parks’ in a September press release. Together with Farrow, the group approached Ruth Reviewing hunting along with other land use options Colman, Director of California State Parks. means that any final decision will be more likely to “Colman used to be the legislative analyst for withstand legal challenges, said Stearns. Congressman Mike Thompson, who likes to hunt ducks,” This is why Bommelyn is not yet celebrating, even said Farro. Tolowa Dunes State Park is one of the many though reclassification will probably not happen places Thompson has hunted, confirmed Kovacs. this year or next. “They clearly still want to weaken Months later the reclassification of Tolowa protections,” he said. “I am resisting the temptation to Dunes State park was proposed. “There are about breathe a sigh of relief.” The Yontocket Slough is peaceful today, but many years ago it was the 40 hunters who have been vocal with their local Steinruck agrees. “We still have a lot of work left sight of a bloody massacre. A redwood-plank Tolowa village once lined leaders,” said Stearns. “They approached us, and ahead of us,” she said. the Yontocket Slough. It was the center of the tribe’s creation story. we began a public process, and the reclassification Photo: Smith River Rancheria Archive. Vulnerable Species proposal was the result.” Shaped like an umbrella, the shore pine trees in site during hunting season. State Parks oversaw the land This was not the first controversial attempt at a Tolowa Dunes State Park are one of California’s last three the rest of the year. It was pretty much the same thing solution. In November 2009, State Parks looked into remaining populations. The species have earned S-3 after [Tolowa Dunes] became a state park, although we transferring the slough, along with 1,200 acres, to listing with the California Department of Fish and Game, went from a multi year interagency agreement to an the California Department of Fish and Game. The meaning they are vulnerable to extinction or extirpation. annual one.” said Kovacs. information was reportedly leaked by a state park But Farrow doesn’t believe that pines, nor the State Parks acknowledges there was an interagency employee, setting off alarms in the environmental federally endangered tidewater goby, nor the sensitive agreement that authorized Fish and Game to oversee community. Governor Schwarzenegger had recently red and yellow-legged frogs, are jeopardized by the area during hunting season and that this document tried to close parklands. Not only would the transfer hunting. “Even on days when there are 20 hunters out was consummated for a number of years after the land have legalized hunting, it would have made the land there, and 10 or 12 vehicles, we are careful. Hunters became a state park. Whether the agreement authorized vulnerable to real-estate deals. have done a lot for wildlife in this a land swap or just a transfer of management state,” said Farro, who works for remains in question. the Arcata-based Pacific Coast Fish The agency failed to return any documents Wildlife Restoration Association. in response to a November 2008 Public The group has collaborated with Records Act request filed by Wood. The California State Parks on a small request asked for maps and materials handful of projects. “I participated outlining authorized hunting areas as well as in a planning session for fishery any documents that authorize the transfer of restoration at Tolowa State Park,” land to Fish and Game and any documents he said. “We also replaced a culvert that authorize hunting. crossing that was blocking fish passage “Their response directly contradicts what in Jedediah Smith State Park.” we know now,” said Wood. Ecologists with similar credentials As for the Tolowa, “We were not even take a different perspective. “Hunters kept in the loop during this process,” said are not bad people, but they use Bommelyn. vehicles like four wheelers, they The tribe was later asked to draft a leave spent shotgun shells, they hunt stewardship agreement and submit it to ducks during a time of year when California State Parks. “Back in 2005, we amphibians are breeding, and along sent it in, but State Parks didn’t respond,” he with their dogs, they trample the area said. “Then we hear the land is going to be around the ponds where amphibians reclassified for hunting. Again we responded, but it’s like they don’t want to deal with us.” After the 1853 massacre, ranchers took over the land. The surviving Tolowa faced forced sterilization, mass live,” said Chad Roberts, a consulting relocation to internment camps, the downsizing of reservation land from 17,000 to 160 acres, and finally conservation biologist, who believes So continued a ping pong game between the slough should receive a Natural regulatory agencies and interest groups. State forced assimilation under the 1960 Federal Termination Policy. Photo: Smith River Rancheria Archive. Preserve designation—a higher class Parks had the first serve, but this was several of protection than a state park. “While state parks can’t be sold, Fish and Game decades ago. Farro said these kinds of arguments only divide the lands don’t enjoy that same protection,” said Karen Fighting From Both Sides environmental community. “I can’t emphasize enough Schambach, California Director for the Washington No one at either agency can remember the details, that members of the conservation community are doing DC-based Public Employees for Environmental but the state originally purchased Tolowa Dunes from such a thorough job of alienating and disenfranchising Responsibility (PEER), in a press release. rancher Loren Bliss in 1979. Just three years earlier, the their allies in the hunting community,” he said. “Hunting In a whirlwind series of events, the Tolowa tribe Keen Negedly Act set aside bond funds for wetlands is a historic use of this site, and state parks are supposed joined environmental groups like EPIC and Friends of conservation, and the State Legislature approved funds to protect historic uses.” Del Norte, in letter writing campaigns. Twenty-nine for the purchase of Tolowa Dunes, the adjacent Lake Historically, the Tolowa had a different groups from across the state voiced their opposition. Earl and Lake Tolowa. relationship to the land, and they now share a The hunting lobby countered, and after months “[The purchase] was probably initiated through the different memory of hunting. of controversy, California State Parks withdrew Wildlife Conservation Board, or someone like that,” “When we grew up, the only people who were the reclassification proposal at the end of last said Kovacs. “The large Lake Earl water body went to allowed to hunt near the slough were the landowners September. A Parks Commission vote originally Fish and Game, and State Parks got the [Yontocket and their friends,” said Bommelyn. Ceremony was not scheduled for October was tabled in favor of a more Slough] and the uplands.” allowed on site, and visiting tribal leaders often found To the disappointment of a small group of friends comprehensive environmental impact review and themselves staring down the barrel of a shotgun. “Once general planning process. who had hunted with Bliss, waterfowling was no an elder tried to show me the location of an old dance “Reclassification will not be abandoned, but will be longer allowed. This changed in 1984, when the hall, and we were run off at gun point,” said Bommelyn. included in the discussion as an alternative that is possible state legislature approved a public resources code After Tolowa Dunes became a state park, Bommelyn to return to, ” said Stearns. “How do you like your roast written to allow hunting at Tolowa Dunes, then part hoped this would change. The Tribe paid to have a duck?” he joked during an earlier conversation. of a larger parcel called the “Lake Earl and Lake fence constructed around the massacre graves, and “Ruth Coleman, director of California State Parks, Tolowa project.” once again began burying members on site. There was said she wants to make the resumption of hunting on protesting hunting. The code does not suggest land can be transferred back and forth on an annual basis, and it does not say transfers can be used to avoid legal restrictions—like hunting on park land. Fish and Game also raises questions. “There was never any transfer of land, just a transfer of management authority,” said Karen Kovacs, wildlife program manager at the Northern region of the Department of Fish and Game. “There was an interagency agreement subsequent to the purchase of the land. Fish and Game managed the Continued on Page 5 4 www.yournec.org October/November 2010 ECONEWS A TRAIN, A TRAIL, OR BOTH? Struggle Over North Coast Rail Corridor Continues By Sarah O’Leary As rail and trail proponents continue to lock horns with county decision-makers over the best use of the deteriorated railroad right-of-way, the City of Arcata is moving forward with plans to build a trail from the Sunset area to the Bracut intersection of 101, and the Timber Harvest Association is utilizing another section of track to transport train aficionados on a “Speeder.” As reported in the February 2009 issue of ECONEWS (“Will Rails Trump Trails,” visit http://yournec.org to read the full article), the North Coast Railroad Authority (NCRA) was established to rebuild the railroad from the San Francisco Bay Area to Humboldt County. But the feasibility of such a restoration remains in question due to price and environmental concerns. Additionally, NCRA has not identified a revenue source for the section of track between Willits and Manila, nor have they completed a business plan and environmental review – despite a public promise to do all three before beginning railroad restoration. “The plans for freight rail restoration are, by NCRA’s own benchmarks, not economically viable even with full public subsidies for construction,” said Scott Greacen, executive director of the Environmental Protection Information Center (EPIC). EPIC, along with Humboldt Baykeeper, Friends of the Eel River and Californians for Alternatives to Toxics, are concerned with NCRA’s methods of gaining environmental clearance for the southern portion of the line. “We contend that the south end Draft Environmental Impact Report impermissibly segments the CEQA [California Environmental Quality Act] analysis,” said Greacen. “It should be for the entire line if NCRA is planning, as public documents suggest they are, on rebuilding the north end and Eel river canyon for freight in the near future.” The Value of The Right-Of-Way Since the late ‘90s when the Federal Railroad Authority (FRA) ordered the rail lines shut down due to safety concerns, the North Coast rail corridor has been essentially abandoned and continues to deteriorate. “We need to preserve this asset,” said Mike Wilson, a Harbor District commissioner and civil engineer who has been working on local transportation and trails infrastructure issues for the past five years. Wilson, along with many other county residents, believes that the best way to do this is through railbanking, a federal program that preserves rail corridors and maintains them for future rail use. In the meantime, the corridors can be used for trails or other public uses. Trails can also be built while preserving the tracks so that a rail line could run alongside the trail, a method called ‘rail with trails.’ This model is more expensive than railbanking, however. The cost of building a train on the corridor between Arcata and Eureka is just under $5 million, excluding the cost of later road construction, according to the 2007 Humboldt Bay Trail Feasibility Study. The same trail built alongside the railroad would raise the cost to slightly more than $30 million. The study was a cooperative effort undertaken by the Humboldt County association of Governments (HCAOG) along with various agencies and city governments. The longer the corridor sits fallow, the more likely challenges to the right-of-way will arise, argue trail proponents. The federal railbanking program preempts this. A Tourist Train? Even while the debate rages, the Timber Heritage Association (THA) is operating a recreational “speeder” ride on the rail corridor between Samoa and Manila. The train-like transportation has run on a donation basis for two summers, drawing fire from folks concerned about the safety of expanding the route into new territory – from Arcata to Bracut. The FRA issued a closure order to Northwest Pacific Railroad (NCRAs operator) in 1999, due to public safety concerns, and some wonder if the speeders are an appropriate use of this infrastructure. The order specifically requires NWP “to discontinue operation by anyone of trains on the NWP rail line from mile post 295.5 at Arcata, California to mile post 63.4 between Schellville, California and Napa Junction, California until the NWP inspects and properly repairs its track and grade crossing signals, and it trains its employees how to properly maintain the safety of its track and grade crossing signals.” But THA board member Don Banducci said that a speeder is not considered a train because it is a lightweight track-maintenance vehicle. Therefore, the ECONEWS October/November 2010 FRA has acknowledged that speeders fall outside the practical definitions of railroad operations. At present the organization has the permission of NCRA and the FRA to operate the rides, Banducci said, as long as they are free. “As a non-profit fundraising effort for a museum it’s okay, so long as it is done safely and responsibly,” he said. The suggested donation for an adult to ride the speeder is $7.00. Banducci said that one of THA’s goals is to eventually operate a tourist excursion train around Humboldt Trail proponents argue that the deteriorating railroad right-of-way should be used to build trails for walking and biking. Many bikers now use Highway 101 to travel between Arcata and Eureka, and here a bicyclist walks his bike Bay, similar to the along the railroad track. Photo courtesy of City of Arcata. Skunk Train in Willits, that would for completion, but no committed dollar amounts, cover more territory than the speeder rides, perhaps picking people up and Diemer said. Although Diemer expressed the hope that the dropping them off at points of interest along the way. city’s work on this trail will be transferrable to coastal However, the loosely organized nonprofit lacks trails though out the county, the Humboldt Bay Trail funding and a workable business plan at this point. Feasibility Study shows a much larger difference in “We are a bunch of people who are trying to figure out cost in the section between Bracut and Eureka, mostly how an interactive museum dealing with the heritage because of potential wetland impacts. of the redwoods and, potentially, a steam powered Rail Restoration a Feasible Option? excursion train could best serve the larger community of Humboldt,” Banducci said. While rail proponents continue to hope that the funding can be found to restore the line, others are Everyone Loves Trails skeptical. Few question the value of building trails that could Wilson said that the North Coast is just not connect Arcata and Eureka, as well as other areas competitive for federal dollars to support such a project. of the county. “Most of us at THA are walkers or “We’re way down on the list as far as rail transportation cyclists,” Banducci said. “We totally support the idea goes,” he said. “It’s tough to make the case for why the of rails and trails.” But Banducci would rather not see federal government should pay to rebuild this railroad the railroad tracks around Humboldt Bay torn up to when there are others in highly populated, congested accommodate trails. areas that are more productive and in need.” A multi-use trail between Arcata and Eureka would But what about the environmental benefits of be a link with the California Coastal Trail. Study after transporting people and freight through rail as opposed study show that trails which promote walking and to by car and truck? biking are good for the environment, for public health, Wilson acknowledged that rail transport could offer and for local tourism. economic and environmental benefits on the North Well aware of this, the City of Arcata is moving Coast, but only when we are ready to change our forward with a rail with trail connectivity project that priority from roads to rails.” will link Northern Arcata to Bracut. “At this point no one’s willing to shift away from the Karen Diemer, deputy director of environmental roads,” Wilson said. “So what can we do today to save services, acknowledged the additional expense involved the [railroad] infrastructure for tomorrow? I’m not antiin building the trail with rail, rather than railbanking. railroad, but my strategy for getting it back is different. “We know it’s going to be more expensive, possibly 25This is why I believe railbanking is a realistic and 30 percent more,” she said, noting that the city is still practical tool to preserve the corridor.” completing budget analyses. But Diemer said there’s Multiple studies all point to the same conclusion, he still enough interest in this particular section of track to added. “It’s time for county decision-makers to stand up warrant the extra expense. and be willing to make a hard decision.” The Coastal Conservancy has funded the first phase of the project, and the city has some potential funders Tolowa Dunes, Continued from Page 4 even talk of rebuilding the dance hall, and bringing ceremony back to the site. “We thought we could help [State Parks] manage the property, and maybe we could return to our home for certain purposes,” said Bommelyn. “But they haven’t followed through with anything, and we now face possible reclassification.” State Parks invited interest groups to a local workshop in August. After preparing a formal comment to deliver, Bommelyn was handed a sheet of lined paper, and asked to write his thoughts. “Instead of listening to us, we had to listen to them,” he said. Steinruck said she is fine with the dunes remaining public because bird watchers can help look out for looters. “But we need to have a more active role out there, and the site needs to remain a state park if it’s going to be protected,” she said. “This is the center of our world and the origin of our genesis story. We have a long history on this land.” “They butchered us off this land,” added Bommelyn. After the Tolowa Dunes massacre, many of the surviving children were put on ships that sailed off the coast of California. They watched as the mainland www.yournec.org disappeared, and the masts turned west to San Francisco. Some were sold into slavery, while others worked as indentured servants. “If they could see land, the kids would orient themselves and run back home,” said Bommelyn. “This is why the boats went so far off shore. Many of the kids thought they had gone to another continent.” The few children who returned home found white settlers ranching on top of ancestral burial grounds. Cattle grazed near the slough where Tolowa went diving during “training,” a baptism-of-sorts that involved fasting and prayer. A few of the returning Tolowa lived on the outskirts of town as vagabonds, but most were shipped to internment camps called “reservations.” The tribe diminished from 10,000 to 1,000 over four years. How does a state agency respond to something like this? State Parks reassures it’s committed to fair practices. “This is a transparent process and we are listening,” said Stearns. The planning process will continue through the year, and like the Tolowa, many will be paying close attention. 5 Logging Roads Now Require Permits By Amy Coombs It’s a problem nearly impossible to avoid: cutting logging roads into hillsides creates sedimentation problems. Trucks grind up gravel and sand, and rainwater accumulates on the surface. Whether the muddy water is channeled by a drainage system, or flows directly from a rut in the road, it will eventually end up in a downhill stream. Here soil smothers salmon and trout eggs, reduces oxygen levels in the water, and buries insects that provide food. This is why logging companies must now seek permits for road construction and use, according to a landmark 9th Circuit Court of Appeals ruling. In August, the San Francisco court clarified a murky loophole in the Environmental Protection Agency’s Silviculture Rule— a regulation that frees many logging operations from Clean Water Act permitting guidelines. The Court said logging roads are a Logging, road construction and storms combine to form big blowouts. After the 1996 form of point-source pollution, and require a permit just like mines, landfills floods along the Eel River, this plume at the mouth of Bear Creek filled with soil from a logging-related landslide. Photo: EPIC and factories that directly pipe pollution into lakes and streams. categorically exempting all natural runoff discharges at Neither Oregon’s Department of Forestry nor the logging sites. According to the Court, the Silviculture Rule timber companies who use state roads had obtained a is “fatally inconsistent” with the CWA, which does not permit, argued the Portland, Oregon-based Northwest suggest water must come from a particular source—either Environmental Defense Center (NEDC), which filed natural or non-natural—in order to require a permit. suit in 2006. The nonprofit showed that logging roads “An administrative rule can’t contradict a statute. discharge sediment into the South Fork Trask River There is nothing new about this,” says Paul Kampmeier, and the Kilchis River. The Clean Water Act requires an attorney at the Washington Forest Law Center, any pollutant discharge into navigable waters to receive which litigated the suit on behalf of NEDC. “The EPA a permit under the National Pollution Discharge can’t construe a regulation to redefine a statutory point Elimination System (NPDES). source as a non-point source.” “A logging company could avoid the permitting The judge also addressed a series of 1987 requirement by channeling precipitation into a amendments to the CWA that exempt certain nonvegetated area that prevents all run-off. In this case industrial discharges. Because hikers and bikers traverse there would be no discharge to surface water. But any the same paths as log hauling trucks, the timber fissure, channel or conduit is treated as a point source, companies argued their roads are “non-industrial.” and needs a permit,” says Mark Riskedahl, executive Logging roads are also located far from an industrial director of the NEDC. location, like a logging site, or a factory or building. Oregon’s State Forester Marvin Brown did not The judge refuted this claim, saying “if there was no return a call placed in early September, but according logging, there would be no logging roads.” Due to the to court documents, the defendants questioned the roads’ industrial use, they cannot be exempt from the legal definition of a ‘point source pollutant.’ While Clean Water Act. environmental laws interpret this term broadly, the EPIC’s Precedent defendants argued precipitation and rainfall constituted The Court acknowledged a key 2003 ruling filed by “natural runoff,” and exempted logging roads from the Humboldt county-based Environmental Protection permitting requirements. Information Center (EPIC) on the same issue. EPIC Legal Definition Questioned challenged the Pacific Lumber Company’s failure to Under the 1976 Silviculture Rule, the EPA has obtain a permit for the drainage systems along its considered natural runoff to be a non-point source logging roads in the Bear Creek drainage—a tributary to pollutant, and says logging companies are only the Eel River. Buried by logging-related landslides, this responsible for point source discharges related to area has been transformed by sedimentation released by “rock crushing, gravel washing, log sorting [and] log logging roads and slope failures. storage facilities.” According to this interpretation, In EPIC’s case, federal district court judge Marilyn any rainwater that flows from a logging road has not Patel found that ditches and channels are indeed point required an NPDES permit. sources. “We agree with the analysis of the district But the Court disagreed with this line of reasoning, court in Environmental Protection Information Center and ruled that the Silviculture Rule was wrong for v. Pacific Lumber Co.,” wrote the 9th Circuit Court of contradicting the Clean Water Act (CWA). Even Appeals in their decision. while some ditches and culverts might be exempt In EPIC’s case, no fines were levied against Pacific from permitting requirements, this was not a basis for Lumber because the company declared bankruptcy. 6 www.yournec.org After the judge confirmed logging roads need permits, EPIC was preparing to show how Pacific Lumber harmed the environment by allowing sediment to flow into streams and rivers. Pacific Lumber filed and lost an appeal, and then declared bankruptcy before damages could be tallied. EPIC’s attorney’s fees were settled for pennies on the dollar. “We didn’t get to address Pacific Lumber’s liability here,” said Scott Greacen, of EPIC. “But the case made a clear point: if there is a ditch and a culvert, there’s a point source, which must be addressed.” NEDC will return to district court to seek civil penalties against the timber company defendants. “We are going to wait to see if they file for a rehearing,” says Kampmeier. “They could also try to take the case before the Supreme Court. If the case stands, we will go back before a district court judge and prove the violations of the Clean Water Act, and require the defendants to pay fines.” Sediment slowly suffocates streams. This logging road above Jordan Creek discharges into the Eel River. Photo: EPIC NEDC sampled stormwater discharges at six points along Trask River Road, which runs parallel to the South Fork Trask River. Five points were sampled along Sam Downs Road, which flows alongside the Little South Fork of the Kilchis River. Each sample contained significant amounts of sediment. Now that the Court has ruled logging roads require permits, this finding allows the non-profit to pursue fines against the defendants. A win in district court may also mean that Oregon’s State Forester has to fix logging roads. They may also be liable for attorney’s fees. The take home message: if logging roads’ drainage systems direct the flow of water, they are point source polluters. Failure to get a permit may cost the landowners and users money, although how much will be determined during round two of the legal battle. October/November 2010 ECONEWS Atrazine: The Untold Story By Amy Coombs As countless journalists can attest, the tale of the Syngenta’s “kill everything” biocide atrazine is a no man’s land. The company has developed a reputation for frightening newsrooms that publish negative press about the chemical. According to Tyrone Hayes, a UC-Berkeley scientist who studies atrazine, many a well-meaning journalist has called for information, only to have her story killed by a nervous editor in the final moments before publication. When I was commissioned to write a feature story on atrazine for one of the largest newspapers in California, I spent months reading studies and interviewing scientists from both sides of the debate, as well as Syngenta’s own management and public Southern Torrent Salamander in Del Norte County. Photo: Gary Nafis, California Herps. relations team. But in the final days before publication, newspaper management decided to kill the story. sprayed on corn, but it’s also widely used after clear-cuts I resold the remains of the story to a liberal magazine, to discourage plants that compete with conifer seedlings. where the piece cleared edits and fact checking only to be About 13 tons was applied to Humboldt forests in 2008, once again killed in the final moments before publication. and almost 27 tons has been applied since 2005, according Determined to make something of my article, I began to the California Department of Pesticide Regulation’s e-mailing colleagues at academic magazines and scientific Pesticide Use Report. publications. Even my scholarly editors surprised me. Atrazine could pose a significant threat to forest Due to threatening, legalistic e-mails from Syngenta, they ecosystems. The chemical builds up in ponds in the would no longer touch the topic. spring, posing a risk to developing amphibians, said Given the controversy over atrazine press coverage, I Hayes, who showed atrazine can cause voice box was glad to see Dave Stancliff’s column in the August 25th mutations—potentially making it harder for frogs to issue of the Times-Standard. By comparing atrazine to attract mates. Agent Orange, the piece makes a bold statement about Jason Rohr—a scientist at the University of Kentucky— Syngenta’s safety claims. Stancliff even calls the EPA showed that atrazine can fatally disrupt an amphibian’s corrupt for meeting with Syngenta behind closed-doors ability to retain moisture, and Washington State during the pesticide review process—a blatant violation of University professor Andrew Storfer found the herbicide the laws governing EPA transparency practices. can make salamanders more susceptible to naturally Yet despite his bold critique, Stancliff tiptoes around occurring disease. the most controversial and pertinent issue: how much What does this mean for our local amphibians? Several atrazine are we exposed to in our neck of the woods? rare species can be found in local forests, including Most know atrazine as an agricultural chemical the Southern torrent salamander, Northern red-legged frog, foothill yellow-legged frog, tailed frog, and the Del Norte salamander—all listed as species of special concern by the California Department of Fish and Game. For those of us who pick wild berries in the woods, atrazine could have even more personal impacts. Studies have shown the chemical clings tightly to water molecules, and can turn up in groundwater and rainwater hundreds of miles away from a spray-site. Concern over atrazine’s health impacts has been widely debated, but studies have shown the chemical increases expression of aromatase—an enzyme that makes estrogen, which in turn can cause breast tumors to grow. Originally published by Hayes, who began his work with atrazine under a research contract with Syngenta, the aromatase findings have been widely dismissed by the chemical industry. While Hayes said he and his family have been followed and threatened by thugs from the chemical industry, Syngenta criticizes Hayes’ work as unfounded and reactive. In August Suzanne Fenton of the National Institute of Health published a less controversial paper in Reproductive Toxicology. Male rats exposed to atrazine in the womb have high levels of prostate inflammation, and a later onset of puberty. In the study, rats were exposed to atrazine levels similar to those found in regulated drinking water. As a chemical that mimics the body’s hormones, low doses of atrazine may have a big impact. Its water-loving nature also makes it nearly impossible to keep out of drinking water. This is one reason the European Union officially withdrew atrazine’s registration as a permitted herbicide in March 2004. After my last attempt to cover atrazine, I understand that journalists have to pick their battles with each sentence printed. Thanks to those who tackle national controversies, but let’s not overlook the local angle. New Mattole Timber Harvest Plan Moves Forward Despite Objections By Sarah O’Leary A “light-touch” timber harvest alternative developed by the Mattole Restoration Council (MRC) would provide an incentive for landowners who log to follow more stringent environmental guidelines. But some say the new standards don’t offer enough protection, and may even encourage landowners to log their property. Called the Program Timberland Environmental Impact Report (PTEIR), the project hopes to make light-touch timber harvest a financially feasible alternative to clear-cut logging. By streamlining the permitting process, landowners face lower costs when harvesting their land. The catch is that more sustainable logging practices must be used in order to qualify for the fast track option. The MRC board passed a resolution in support of the Mattole PTEIR in August. A Draft Environmental Impact Report (DEIR) is due to be released for public comment in January, and landowners might be able to start filing for THPs through this program by summer of 2011. The DEIR is being prepared by the California Department of Forestry (CalFIRE). If implemented in the Mattole, this program could be used as a model throughout the state. Guidelines ask that broad no-cut buffers be left along streams, that unstable areas are not logged, and that more trees are retained than is required in existing Timber Harvest Plans (THPs). New road construction will also be minimized. But a group of residents have raised a number of objections, and have asked the MRC board and staff to delay implementing the new system until the community has had a full discussion. “I don’t see the PTEIR as restoration work at all,” said Hart Welsh, a research wildlife biologist and former board member. “The Mattole is probably the most sensitive watershed in the state and with the PTEIR there would be a stronger incentive to log.” Welsh is a member of an ad hoc citizen’s group based in the Mattole area which submitted a letter to the MRC board detailing their concerns. The letter states that the PTEIR is shaped mostly by professional foresters, is focused on economic incentives, and is not consistent with the best available science nor with the precautionary principle that requires all potential harms be fully understood. Scientific Review And Public Comment But Seth Zuckerman, manager of Wild and Working Lands Program for the MRC, said the new standards have been through two official public comment sessions since 2007, and suggestions and concerns have been incorporated. Additionally there has been rigorous ECONEWS October/November 2010 Simulation images based on actual forest inventory of a typical stand in the Mattole. Top path displays forest stand development following PTEIR selective harvest; lower path shows same stand harvested by clearcutting using a standard Timber Harvest Plan (THP). Image at far left shows starting point at year zero; following PTEIR selective harvest, we would arrive in 10 years at the stand in top center image. After 45 years, the stand selectively harvested through the PTEIR would resemble that shown in the uppermost right image. Alternatively, starting again with the same stand shown at far left and leaving a few wildlife trees amid the clearcut, the forest would resemble that shown in the bottom center image after 15 years; 50 years after the standard THP harvest, the forest would resemble the image at bottom right. Graphic courtesy of Mattole Restoration Council. Model images provided by BBW and Associates. scientific review and a geological assessment by the California Department of Fish & Game (CDFG). “We’re standing on the shoulders of all this work,” said Zuckerman, adding that this information has been incorporated into the PTEIR. Welsh and his group questioned the urgency of moving the project forward while the sluggish economy disfavors timber harvesting, but Zuckerman said it’s important to implement new standards soon. “We want to have this in place before the next boom and have tested it out,” he said, noting that 72,000 acres of the Mattole was last logged in 1962. “It’s approaching the time when it might be clear-cut again.” he said. “Timber prices will come back up and people will start looking to the forest for revenue.” Another complaint is that PTEIR promotes the planting of Douglas fir after timber harvest. “They want to grow plantations of Doug fir,” Welsh said. “Not matching native mixed hardwoods, which is best for wildlife.” “We’re working to insert some sort of cap on Doug fir planting,” Zuckerman responded. He said that before the area was logged, it consisted of mixed hardwoods and Douglas fir. “A little bit of Doug fir planting will shift the balance back,” he said. An additional benefit of the program is that it addresses what Zuckerman called the two biggest www.yournec.org dangers to the recovering Mattole forests—catastrophic fire and poor logging of second growth. Forest that’s been thinned rather than clear-cut is much more resistant to catastrophic fire, he said. “This is kind of a moment of truth for us as environmentalists,” said Zuckerman. “Back during the timber wars we said we’re not against logging per se, it just needs to be done in a more responsible manner. So, what would that be? This is an attempt to find middle ground.” But those questioning the plan, including Welsh, say it should be substantially revised before it is put in place. “This is vitally important to the North Coast and to the salmon,” Welsh said. Learn More Read a summary of the PTEIR and a full working draft at www.mattole.org/pteir. To read a list of concerns about the PTEIR as put forth by the group of Mattole citizens, see our web version of this story at http://yournec.org. 7 Planning for Resilience: An Argument for Better Community Design By Dan Ehresman Take Action! Streetscape in Denver, Colorado. The “before” picture is all too familiar. The simulated “after” image includes wider public-friendly sidewalks, crosswalks and narrower streets (making it easier and safer to cross), living landscaping (street trees), and buildings that more effectively utilize space. Photos courtesy Healthy Humboldt. I n a reflection of our increasing dependency on the automobile, communities the world over are sprawling farther and farther from neighborhood centers. Such development encroaches on working forests and farms, and harms watersheds. As a result, village centers are declining, and costs for roads, water, sewer infrastructure and other public services are on the rise. If there is one good reason to promote welldesigned compact development it is this: we can’t afford sprawl – economically or ecologically. The Costs of Sprawl Sprawl is low-density development that expands outward from a population center. It is characterized by poorly planned, boundless growth on previously undeveloped land. Sprawl results in auto-dependent lifestyles, leaving residents with little choice other than to drive to work, school and services. Since the late 1970s ecologists, economists and planners have been examining the costs of our development practices. The results are clear: sprawl costs more than compact forms of development and makes communities more vulnerable in times of economic downturn. When people depend on driving, their neighborhoods have higher foreclosure rates than communities with options for commuting by foot, bike and public transit. And money spent on gas means less money kept in the local economy (and in the pocketbook). The further roads and water lines extend, the more expensive this infrastructure is to build and maintain, per household. Low-density development also increases costs for police, fire and emergency services, as their vehicles have to drive longer distances between households. The same is true for other services such as power, telephone, cable and internet. According to Humboldt County Public Works, building one mile of new road costs $1 million, with an annual cost of at least $20,000 per mile to maintain. Sprawling development causes greater wear and tear on roadways, more pollution washing into local waterways, and increased carbon emissions. Sprawl also takes a significant toll on resource lands. In Humboldt County alone, an average of 3,000-4,000 acres of agricultural lands have been converted to residential uses each year since 1964. Should this trend continue, another 74,000 acres of agricultural lands will be converted in the next 20 years, further decreasing the region’s capacity for food production, and diminishing returns from a major part of the county’s economy. This all represents a significant threat to Humboldt 8 County’s rural quality of life, particularly in areas closer to population centers. Rather than bringing the city to the country, Healthy Humboldt recommends that we work to make our existing communities beautiful, affordable and healthy places to live. By directing development to locations with established public services, we can save money, spend less time driving and maintain open space for future generations. Towards Local Self Reliance Focused growth protects forests and agricultural lands, thereby promoting local food security and sustainable timber production. Community forests and gardens adjacent to population centers can connect residents with the landscape while providing food, fiber and economic benefits throughout the region. In addition, these working lands help keep our air and water clean and provide wildlife habitat. Incorporating smart development strategies can also bring our urban areas closer to balance with the hydrological cycle. Through sustainable design we can allow rain to more easily sink into the landscape, irrigate vegetation and replenish our groundwater supply. By allowing stormwater to percolate into the ground, we can minimize flooding and reduce automobile-related pollution of our streams and rivers. With water-wise development we may one day see the county’s onceabundant salmon runs return. Personal health can also be improved through better planning. Research has shown that when safe, accessible routes for pedestrians and bicyclists are available, more people will walk and bike for exercise and transportation. Similarly, when we build residential areas in close proximity to schools, jobs and stores, people are more likely to choose alternatives to driving for their transportation. Well-designed, compact development clearly consumes far less capital and fewer natural resources. With good planning it is possible to accommodate growth, build a stronger local economy and support a healthier environment for all. Right now, through the County’s General Plan update we have an opportunity to shift the focus away from sprawl and toward design strategies that preserve natural resources and promote vibrant neighborhood centers. If we design our human habitat with the same reverence we often show our forests and rivers, our communities can be places that are safe, healthy and enjoyable. Dan Ehresman is a Regenerative Design consultant and serves as a policy analyst for Healthy Humboldt Coalition. www.yournec.org In the next phase of the General Plan Update, the Planning Commission will discuss the Circulation Element, which will guide the County’s transportation system and its integration with land use planning. The way we design our streets and neighborhoods greatly influences public health and the wellbeing of our environment. Voice your support for a General Plan that promotes healthy transportation choices and reduces our dependence on fossil fuels. Tell our representatives that the new General Plan should include: COMPLETE STREETS Promote a “complete” transportation system that integrates public transit, bicycle, and pedestrian travel. Design roadways to enable safe, attractive and comfortable access and travel for people of all ages and abilities. Prioritize funding for maintaining existing roads and creating “complete streets” over new road construction. ACTIVE TRANSPORTATION FOR HEALTHY COMMUNITIES Prioritize bicycle, pedestrian and public transit infrastructure that connects neighborhoods, retail centers, schools, and parks. Promote active transportation to benefit the environment, public health, and our local economy. EFFICIENT & CONVENIENT PUBLIC TRANSIT Develop transit hubs near multi-family housing and village centers to provide increased opportunities for safe, convenient and efficient public transportation. Promote new development near public transit corridors to reduce traffic congestion and dependence on fossil fuels. TRAILS Develop a regional trail system that enables safe commuting options between communities and provides a recreational and tourist destination. Promote “railbanking” as a means to develop local and regional trails while preserving the right-of-way for a variety of public uses (particularly for the Annie and Mary corridor and the Humboldt Bay rail corridor). SUBMIT WRITTEN COMMENTS via email to [email protected], or to Humboldt County Community Development Services, 3015 H Street, Eureka, CA 95501. ATTEND A HEARING on Thursday, October 14 at the County Courthouse, 825 Fifth Street, Eureka (corner of 5th and I Streets). For meeting updates or to find out more, visit www.healthyhumboldt.org. October/November 2010 ECONEWS ep c’s ep c Annual Dinner & Celebration Membership Mtg 6 Dinner and Awards 7 Berel Alexander Ensemble 9 November 5, 2010 Mateel Community Center Environmental Protection Information Center Protection Sought for Nearly Extinct Humboldt Marten The California Range of the Humboldt Marten $ Idaho Oregon Nevada Crescent City California Parks Green Diamond Forest Service “ at h R iv er Yurok Hoopa Trini ty R ive r Humboldt Marten in Six Rivers National Forest marten are beautiful, unique animals, but we’ve nearly lost them to extinction. The California population of Humboldt marten appears to have declined by more than 40 percent from 2000-2008. They need Endangered Species Act protection immediately to have a fighting chance at survival.” In California, the known range of the marten in the foothills around the lower Klamath River and Yurok Reservation includes portions of the Six Rivers and Klamath National Forests, Redwood National and State Parks, and industrial timberlands owned by Green Diamond Resource Company/Simpson Timber. The Oregon range of the marten includes parts of the Siskiyou and Siuslaw National Forests. “Logging of old-growth forests has wiped out the Humboldt marten across 95 percent of its historic range,” said Scott Greacen, Executive Director of EPIC. “To protect surviving martens and rebuild a viable population, we need to restore old forest conditions in connected areas across the landscape.” “A key problem for the marten is that much of its remaining range is dedicated to short-rotation, clearcut logging,” Greacen said. “What makes me hopeful is that the Yurok, who have lived with the marten for millenia, are trying to move toward lower impact logging practices on tribal lands and seeking to restore areas that could be critical for marten recovery.” The Humboldt marten was rediscovered on the Six Rivers National Forest in 1996. Since that time, researchers have found martens using track plates and hair snares. In 2009 a marten was detected at Prairie Creek Redwoods State Park by remote sensing camera, the first to be photographed in recent times. Martens are 1.5 to 2 feet long and have large triangular ears and a long tail. They primarily eat small mammals, including voles and squirrels. The U.S. Fish and Wildlife Service has 90 days to decide whether the petition presents substantial information indicating that protecting the marten under the ESA may be warranted. Martens are among the animals most closely linked to their old-growth forest habitat. Humboldt martens select the largest available patches of old-growth and late-mature or serpentine habitat for their home ranges, then disproportionately Kl am ARCATA, Calif.— The the Environmental Protection Information Center (EPIC) and the Center for Biological Diversity and filed a petition with the US Fish and Wildlife Service (FWS) seeking protection under the Endangered Species Act (ESA) for the Humboldt marten, a cat-sized carnivore in the weasel family that lives only in coastal old-growth forests in northern California and southern Oregon. Because nearly all its old growth forest habitat has been destroyed by logging, the Humboldt marten is now so rare that until recently it was thought to be extinct. “The Humboldt marten used to be common in oldgrowth coastal forests in California and Oregon, but now fewer than 100 of them are known to survive,” said Tierra Curry, a biologist at the Center. “The Humboldt 0 5 10 Miles EPICGIS 2010 select the largest available trees and structures for denning sites. Fragmented forests and small patches of old growth are not adequate to ensure the long-term viability of marten populations. Loss of late-successional conifer forests is the primary cause of marten population decline in areas where martens are currently threatened or already extirpated. Similarly, logging degrades or destroys marten habitat at the micro-stand scale. Researcher Keith Slausen found that a ten percent increase in the amount of area logged was associated with a 23 percent decrease in the odds of marten occurrence, after accounting for amount of serpentine habitat and oldgrowth patch size. The life history traits of martens make recovery from population decline difficult. Martens have relatively late sexual maturity and low reproductive capacity. They produce only one litter per year. Martens can live up to 14 years in the wild. Mortality factors include predation, exposure, accidents, disease, and trapping. Timber Giant’s Shell Game Threatens Northern Spotted Owls By Rob DiPerna Sierra Pacific Industries (SPI), California’s largest and most notorious timber company, is no stranger to conflicts with federal and state agencies over protection of wildlife like the threatened Northern Spotted Owl (NSO), famous for its dependence on older forests. SPI’s aggressive approach to logging owl habitat appears to have been a key factor in the US Fish and Wildlife Service’s decision to stop helping timber companies design logging plans to minimize impacts on owls and their habitat. FWS’ withdrawal leaves only the California Department of Forestry and Fire Protection (which we used to call CDF, but is now known as CalFIRE) between the timber company and the NSO. So guess what giant timber company is now aggressively pushing CalFIRE to be allowed to log NSO habitat, using a shell game of mutually inconsistent standards as cover? As it got out of the business of evaluating Timber Harvest Plans (THPs), FWS issued a set of “take avoidance guidelines” to give foresters a road map to avoid harming owls in their logging plans. “Take,” in the language of the Endangered Species Act (ESA) means harming a listed species, either directly, or by degrading its habitat or impairing its reproduction. CalFIRE is specifically barred from approving THPs that would result in “take” of listed species. FWS has stated that California’s current Forest Practice Rules – the rules CalFIRE enforces – are not strong enough to insure ‘no take’ of NSO. By contrast to the nearly twenty year old state rules, the FWS guidelines provide clearer habitat definitions and stronger habitat-retention standards for THPs in two zones: the coastal redwood zone and the mixedconifer forests zone in the interior. The problem is, while CalFIRE has told THP proponents that they can 707-822-7711 ECONEWS October/November 2010 Juvenile Northern Spotted Owl. photo by Noel Soucy use the FWS guidelines (which on their face would seem to be the appropriate, if minimum, standard for owl habitat evaluation and retention) the state forest regulators have signaled that they will only enforce their own inadequate rules. Exploiting this confusion, SPI is mixing and matching FWS’ interior and coastal guidance standards, but claiming to comply with the Forest Practice Rules. A recent SPI THP in Humboldt County, 1-10-048HUM, provides an example of the problems in this approach. The stand to be logged is primarily Douglas fir with a large hardwood component–forest that should be assessed as interior forest type. Nonetheless, SPI is using the FWS take avoidance guidelines for the coastal (redwood) region to define available owl habitat. This leads to SPI overestimating habitat available for owls. SPI uses the habitat retention guidelines for interior stands maximizing the amount of habitat it can log. | wildcalifornia.org www.yournec.org | The coastal and interior guidance differ not only in terms of habitat definition, but also in terms of habitat quantities to be retained and the size of the NSO core area home range to be used. Essentially, the two sets of guidance are meant to apply to two distinct ecosystems that owls use in different ways. FWS has made it clear there is no biological or scientific justification for mixing the two standards, and no justification is provided in SPI’s THP. Finally, though the plan doesn’t comply with either the coastal or interior guidance, SPI expects to obtain a so-called “take avoidance determination” from CalFIRE and get the plan approved, simply because it conforms to the sub-standard Forest Practice Rules. Confused yet? SPI’s shell game compounds the damage already done to owl habitat in the area. As it stands, this habitat-deficit activity center will be subject to further habitat reduction through clearcutting, rehab, and alternative prescription harvest that threaten to render the site non-viable. The owl site has not been surveyed in over a decade and SPI fails to provide data to substantiate its claim that the activity center is in fact invalid or unoccupied. Here, FWS has done the right thing, and will not allow SPI to declare the activity center abandoned. CalFIRE, for its part, has recommended this plan for approval despite the morass of differing definitions and retention standards, and despite that further habitat reduction could lead to unauthorized “take” of NSO. Furthermore, lacking any recent information or survey data with respect to the NSO activity center, it is impossible for CalFIRE or anyone else to know if the owls are present, exactly where the owls are, and what habitats they are currently using. Despite all of this, CalFIRE continues to blindly claim that “take” of NSO will be avoided. 145 S. G Street Arcata, CA 95521 9 Kids’ Section Hey Kids! Learn About Frogs By Sarah Marnick Did you know that there are frogs with tails? There are only two species of tailed frogs and they are found in the Northwestern part of the United States and Southwestern part of Canada. The species that lives here on the North Coast is called the coastal tailed frog (Ascaphus truei, pronounced Uh-scafe-us true-ee-eye). They can be found in cold, fast flowing streams with softball size rock bottoms. The females lay eggs under the rocks in the water. The tadpoles can spend up to four years in the water before they turn into frogs. The tadpoles have special adaptations that allow them to live in fast moving water without getting washed away (see photo). They have large sucker-like mouths that help them stick to rocks under the water. The tadpoles eat algae off of the rocks and they also eat pollen from conifers. Conifers are trees that don’t lose their leaves – examples are pine trees, fir trees, and redwoods. The adult frogs don’t ever go too far from the water and they eat insects, spiders, and slugs. Only the adult male frogs have tails. Try This! Find these words in the puzzle below ADAPTATION ALGAE CONIFER F I C E U X C G S E K S J N E P J V L C O I O T U G A J N I U T R N N M L R R I C H V I B Y R Q I B X I F E T Y K W R T R P F N C I P D A T T R E P U LOCAL POLLEN STREAM J E C Q O E D E M R O U U R J R Q W K A I T L D H S T J L Q I B P G F I T I L Y A G H A J D Q L F N G L A R F H I M C H T A C D A O Q T T P Z J F O B SUCKER TADPOLE TAILEDFROG F F K P O L L E N P R N H L F R P B H Z U F R M Z A S Z Q S S G P J E L O P D A T D C B A N F G X N D C S A O V X A E Q V H N S U M Y A J I I D M D J Life Form Of The Month Eurasian Collared-Dove: Invader Extraordinaire By Ken Burton In recent years, North Coast residents have begun to notice an unfamiliar, pigeon-like bird showing up around their homes and at their feeders. Dusting off their old field guides in hopes of identifying it, they find themselves stymied. The Eurasian collareddove (Streptopelia decaocto), unknown here only a decade ago, is rapidly becoming an integral part of our avian community. The Eurasian collared-dove can be mistaken for the native mourning dove at first glance but it is stockier and paler, with a shorter, square tail that looks mostly white from below or when spread. At close range, a dark band across the back of the neck is evident. It has a lower-pitched, three-syllable cooing call: hoo-HOOOO-hoo. Displaying males Photo by Reinier M. courtesy of leesbird.com. fly steeply upwards, flapping loudly, then spiral down with wings and tail spread while uttering a Rica. This rate of expansion puts even that of the distinctive nasal call. Unlike the mourning dove, this starling to shame! species does not make a wing whistle when it takes off. The collared-dove tsunami hit California in 2001 Although the collared-dove is non-migratory, it when my friend Lisa LaVelle found a pair in her yard has strong dispersal tendencies and is considered in Kern County. The species since has been recorded one of the most successful colonizers in the bird in every county in the state. The first Humboldt and world. A little over a century ago it was limited to Del Norte County sightings were in McKinleyville and southern Asia; perhaps aided by humans, it since Crescent City in May, 2004. Collared-doves are now has spread across Eurasia to Ireland and Korea. In seen frequently throughout the region. 1974 it was introduced accidentally to the Bahamas; In North America this is generally a bird of rural it soon made its way to Florida (though this event and suburban environments, usually avoiding both went largely unnoticed since a look-alike, the African natural and urban habitats. It thus occupies a niche collared-dove, was already there) and launched its intermediate between those of the mourning dove invasion of North America. Now, only three decades and the rock pigeon (also exotic). Its potential impact later, it has reached New England, Alaska, and Costa on native doves is as yet unclear, a subject ripe for 10 www.yournec.org study, but there is strong anecdotal evidence that it displaces mourning doves locally. However, unless it is somehow released ecologically from its dependence on human-altered habitats it poses little threat to native doves on a larger scale. It is a known carrier of West Nile virus and thus a potential threat to vulnerable native species. What makes this species such a successful colonizer and competitor? Like most invasive species, it is aggressive, prolific, and adaptable. It tends to nest close to human habitation and eats a wide variety of seeds, berries, and grains and even some insects. In many areas it is considered a crop pest. Although it never lays more than two eggs at a time, it can raise up to six broods a year in warm climates. Streptopelia means “twisted turtle-dove” in reference to the twisted pattern on the neck of the European turtle-dove, the species to which the name was first applied. Decaocto was a handmaiden of Greek mythology who prayed for release from her lowly station and was transformed into a dove; perhaps this species’ call was reminiscent of her plaintive appeal for divine intervention. As we approach the tenth anniversary of the collareddove’s arrival in California, it is worth reflecting on how a seemingly innocuous event – in this case, the accidental release of a few birds in the Bahamas – can have unforeseen consequences on an unimaginable scale. Perhaps lessons such as these will help us, the greatest colonizer of all, learn to act with more caution and humility. October/November 2010 ECONEWS The All Species Ball 2010 All photos courtesy Terrence McNally and Terry Schulz ECONEWS October/November 2010 www.yournec.org 11 217 E Street, Eureka, CA 95501 (707) 268-8897 www.humboldtbaykeeper.org The MLPA: A Success Story On The North Coast By Beth Werner, Humboldt Baykeeper staff The Regional Stakeholder Group (RSG) for the Marine Life Protection Act (MLPA) submitted a single unified proposal in late August for marine protected areas on the North Coast. The final marine protected areas (MPAs) are for Mendocino, Humboldt, and Del Norte Counties and represent a compromise agreed upon by all the North Coast stakeholders who represent constituencies from commercial and recreational fishermen, tribal representatives, conservationists, kelp harvesters, divers, and others. The North Coast is the only region in California’s MLPA process to submit a single cross-interest map with consensus of ALL the regional stakeholders. “In the end, we found the balance between socioeconomics and conservation,” said Bill Lemos, RSG member and retired Mendocino High School teacher. “And hopefully, the results will frame the discussion about the importance of marine protection and community economics as the process moves forward.” When describing the MPA rationale, the RSG incorporated language provided by local Tribes and tribal communities specifying that all traditional and non-commercial tribal uses will continue on the North Coast. Brandi Easter, a local diver and professional photographer, said, “I feel that what we have done with the unified array is an amazing statement about our community – we looked to the community and worked together and got the best balanced map to meet the goals of the community and the goals of the Act.” Although the North Coast has submitted a single proposal, the work is not yet complete. We will need your help to make sure that the marine protected areas agreed upon by the RSG members are approved by the Blue Ribbon Task Force and the California Fish & Game Commission. The next step for the unified proposal is review by the Science Advisory Team, the Blue Ribbon Task Force, and then the California Fish & Game Commission. These meetings will include opportunities for public comment, in which members of the public can make statements about the map: Science Advisory Team Meeting: October 13 -14 Blue Ribbon Task Force Meeting: October 25 - 27 Calif. Fish & Game Commission: December 15 For more information on what you can do to ensure the community’s map is accepted by the California Fish & Game Commission, or to attend meetings, check out www.humboldtbaykeeper.org. Final Proposal For Marine Protected Areas its remote location, little or no socioeconomic impacts to commercial or recreational fishermen. Following are details on the marine protected area submitted by the Regional Stakeholder Group: Vizcaino SMCA Allowable Uses: 1. The commercial take of salmon by troll; and Dungeness crab by trap. 2. The recreational take of salmon by troll; Dungeness crab by hoop net; Dungeness crab by diving; and Dungeness crab by trap. Site-Specific Rationale: Protect an area that is rich in primarily rocky shore habitat with a high diversity of benthic species characteristic of the north coast. Captures most habitats except deep rock and soft bottom. Only kelp and hard 0-30m replicate in MPA array. Pyramid Point SMCA Allowable Uses: 1. The recreational take of surf and night smelt by cast net; and surf and night smelt by dip net. 2. The special intent take of surf and night smelt by dip net. Site-Specific Rational: This SMCA captures beach, rocky shore, and shallow soft bottom replicates and is intended to maintain a moderate high level of protection. Includes a unique offshore island (Prince Island) and several off-shore rocks important for seabird colonies and Aleutian cackling geese. Area receives very low fishery exploitation by California commercial and sport fishers. It also provides forage habitat for pinnipeds and cetaceans. Ten Mile SMR Allowable Uses: No allowed take within the boundary of the MPA. Site-Specific Rationale: This MPA has great diversity in unique marine habitats including; exposed high energy rocky shoreline, sand and gravel beaches, offshore islets, surf grass, kelp beds, hard and soft substrates, while interfacing with the complex estuarine habitats consisting of eelgrass beds, marshlands and mudflat ecosystems. This SMR helps maintain biodiversity in fish, invertebrates, seabirds and marine mammals associated with the protection of the ecosystem. Protects a spawning aggregation area of steelhead, coho and Chinook salmon. The area includes pinniped haul-outs and critical nesting and breeding bird habitat, including the endangered snowy plovers. Offshore Point Saint George SMCA Allowable Uses: 1. The commercial take of salmon by troll; and Dungeness crab by trap. 2. The recreational take of salmon by troll; and Dungeness crab by trap. Site-Specific Rationale: This SMCA is designed to protect deeper rocky reef habitats while minimizing the socioeconomic impacts on Crescent City harbor. The area contains the only offshore banks north of Point Reyes in state waters; good reef structure. Design overlaps with existing RCAs to minimize further impact. Ten Mile SMCA Allowable Uses: 1. The commercial take of Dungeness crab by trap. 2. The recreational take of Dungeness crab by hoop net; Dungeness crab by diving; and Dungeness crab by trap. Site-Specific Rationale: Adds protection for soft bottom habitat to the adjacent SMR proposed to the north. Connects the estuarine reserve to the offshore SMR while allowing for commercial and recreational crabbing. Reading Rock SMR Allowable Uses: No allowed take within boundary of MPA. Site-Specific Rationale: This SMR improves fish productivity to benefit local commercial rockfish industry fishing outside the MPA. The species to benefit include; halibut, harbor seals, sea lions, sharks, mussels, rays, kelp, murres, guillemots, cormorants, auklets, lingcod, cabezon, and kelp greenling. The SMR encompasses both rocky reef bottom habitat as well as sandy bottom habitat that includes a significant nursery area for Dungeness crab, and numerous rockfish and flatfish species. Ten Mile Estuary SMCA Allowable Uses: Yet to be determined. Site-Specific Rationale: This SMCA protects larval source and enhances reproductive capacity of numerous invertebrate species such as Dungeness crabs, ghost shrimp et al. Protects spawning and nursery grounds for populations that are harvested offshore. Reading Rock SMCA Allowable Uses: 1. The commercial take of salmon by troll; Dungeness crab by trap; and surf and night smelt by dip and cast nets (commercial). 2. The recreational take of salmon by troll; Dungeness crab by hoop net. Site-Specific Rationale: Captures beaches and soft 0-30 m habitat. Important for beach habitat spacing. Samoa SMCA Allowable Uses: 1. The commercial take of salmon by troll; Dungeness crab by trap; and surf and night smelt by dip and cast nets (commercial). 2. The recreational take of salmon by troll; Dungeness crab by hoop net Site Specific Rationale: Protect beach habitat and biodiversity. South Humboldt Bay SMRMA Allowable Uses Waterfowl hunting. Site-Specific Rationale: This SMRMA is critical habitat for seabirds, migratory waterfowl, plants and harbor seals and other marine mammals. Important nursery for marine and estuary fishes, including halibut, leopard sharks and rays. Key points for the millions of migratory birds that rely on the Pacific Flyway. More than 200 bird species, including 80 kinds of water birds and four endangered species, regularly feed, rest, or nest on the refuge or other areas around the bay. Provides habitat for approximately 100 species of fish, many contribute to sport/commercial fisheries and provides habitat for steelhead, coho, and chinook salmon. Cape Mendocino/ Steamboat SMR Allowable Uses: No allowed take within boundary of MPA. Site-Specific Rationale: Captures off shore rocks, rocky shores, soft 12 Point Cabrillo SMR bottom habits, beaches, 0-30 hard proxy, 30-100 hard/soft. Aids in protection of pinnipeds haul outs and seabird colonies. Mattole Canyon SMR Allowable Uses: No allowed take within the boundary of the MPA. Site-Specific Rationale: This MPA has a variety of diverse habitats including upwelling zones, submarine canyons, reef structures, and improves study opportunities provided by marine ecosystems that are subject to minimal human impacts. Sea Lion – Spanish SMR Allowable Uses: No allowed take within the boundary of the MPA. Site-Specific Rationale: This SMR captures offshore rocks, rocky shores, kelp, hard 0-30m and 30-100m habitat, offshore rocks and includes all levels of soft habitat. Additionally, important seabird and sea lion rookeries are protected. Allowable Uses: No allowed take within the boundary of the MPA. Site Specific Rationale: This area has been an MPA here for many years and will continue to serve the community for ongoing MPA research and monitoring. Also, there are adaptive management opportunities for urchin research with the Mendocino community. Big River Estuary SMP Allowable Uses: 1. The recreational take of surfperch by hook and line from shore; Dungeness crab by hoop net; and Dungeness crab by diving. Site-Specific Rationale: Estuary habitat preserved, eel grass beds, anadromous fish refugia. Navarro River Estuary SMCA Allowable Uses: 1. The recreational take of salmon by hook and line. Site-specific Rationale: All species protected as well as prime shorebird habitat and anadromous fish refugia. Big Flat SMCA Allowable Uses: 1. The commercial take of salmon by troll; and Dungeness crab by trap. 2. The recreational take of salmon by troll; Dungeness crab by hoop net; Dungeness crab by diving; and Dungeness crab by trap. Site-Specific Rationale: Captures rocky shores, beaches, all levels of soft habitat, >200 hard. This SMCA is specifically designed to enhance and preserve rock fish habitat while at the same time posing, due to www.yournec.org All the information for the MPAs listed above is available at http://northcoast.marinemap.org with Special Closure information. October/November 2010 ECONEWS New Water Quality Rules Bode Well For Klamath By Sarah O’Leary Advocates for fish and water quality in the Klamath River are celebrating a new set of stringent pollution standards. After 15 years of legal wrangling, the rules were approved by the State Water Board in September, marking a successful step forward in the campaign to resuscitate the dying Klamath river. Excess sediment, toxic algae blooms and overly warm water have rendered the river almost unusable for salmon migration, swimming and for Tribal ceremonial uses. The dire condition of the Klamath made national news in September of 2002 when more than 68,000 adult salmon died due to low water levels and warm conditions. Such water quality problems are caused by a variety of sources, including agricultural operations in the upper basin, suction dredging for gold, and the reservoirs created by six dams owned by PacifiCorp, a power company. The new regulatory process is designed to help restore the mighty Klamath. “It’s a big deal,” said Craig Tucker, Klamath Campaign Coordinator for the Karuk Tribe. “This is an example of a bureaucratic regulatory process that actually worked – though it took a long time.” The new regulations require that TMDLs, or Total Maximum Daily Loads, be designed for each of 22 salmon-bearing rivers, including the Klamath. The Clean Water Act outlines requirements for TMDLs, as well as criteria for the impaired rivers that qualify for protection. The new TMDL standards are the result of litigation filed in 1994 by a coalition of a dozen environmental groups and fishing organizations, including the NEC, the Pacific Coast Federation of Fishermen’s Associations (PCFFA), and Earth Justice. The original litigation demanded that the state enforce pollution standards on 22 salmon-bearing rivers. Challenges and more lawsuits ensued, but the state began to fulfill its obligations one river at a time. The Klamath was left till last, and the crafting of the TMDLs, took more than six years. The final step will be approval by the U.S. EPA before the court-ordered deadline of December 31 of this year. Regulations Reduce Pollution “Total Maximum Daily Load refers to the maximum amount of nitrates, phosphates and sediments allowed in the water,” said Tucker. The new TMDLs call for a 90 percent reduction in pollution from nitrogen and phosphate. Water temperature will also be regulated, as will suction dredging operations in cold water refuge ECONEWS October/November 2010 areas crucial to fish migration. PacifiCorp fought hard to prevent the TMDL ruling, attacking the science behind the regulations. However, the company has signed onto the multi-party agreements that propose dam removal at four sites on the lower Klamath by 2020. The U.S. Secretary of the Interior will determine by 2012 if the dam-removal agreements are in the best public interest. The agreements were signed last February by various parties, including the states of Oregon and California. Additionally, funding for the twin agreements is in question since dam removal and river restoration were to be partially paid for by the California Water Bond, now shelved until 2012. Glen Spain, Northwest Regional Director of PCFFA, said that PacifiCorp will need to renew its license to operate the dams if the dam-removal agreements are derailed. Federal law requires state water quality certification before a license can be issued, he said, and the company will have to meet these new water quality standards. “PacifiCorp wants to wriggle out from under any and all regulations even if the dam removal deal goes through,” said Erica Terrence, lower Klamath coordinator for Klamath Riverkeeper. “If the settlement falls apart, these rules might force dam removal as an outcome anyway. But even if they take the dams out, we still need pollution rules in place to clean up the water,” she added. Tucker agreed. “If the dam deal falls through, these TMDLs become the blueprint for restoration,” he said. Tucker and Spain said the TMDLs will almost certainly be approved by the U.S. EPA before the December 31 deadline, despite PacifiCorp’s objections. “There have been two separate levels of scientific peer review,” said Spain. “The EPA has been consulted and involved in every step of the process.” “[PacifiCorp] is committed to dam removal at this point,” Spain added. “But policies change, companies get bought and sold.” These rules are a strong backstop against PacifiCorp wanting out of the dam removal agreements, he said. “They will face very stringent water standards.” How Will They Work? “The TMDLS are technical standards,” Spain said. “What really makes the difference is the implementation plan.” It is also crucial that the TMDLs in the upper Klamath Basin – located in Oregon – are as stringent as those here in California. www.yournec.org Algae floats thick on the water near Copco dam. The water on the Klamath River is green with algae near Iron Gate dam in late summer. New pollution standards address these severe water quality standards. Photos: Greg King. “The two states have cooperated very closely on the formulation of these TMDLs,” said Spain. This cooperation between state agencies is key, said Matt St. John of the North Coast Regional Water Board, since the majority of nutrient pollution originates in Oregon. “We have a Memorandum of Understanding (MOU) signed by our agency and the Oregon Department of water quality,” St. John said. The agreement lays out the agreements and commitments between the agencies to implement the TMDLs within both states and across state lines. Additionally, the North Coast Regional Water Board has developed a detailed Implementation Action Plan that specifies responsible parties and deadlines for various steps that need to be taken. For example, the Regional Water Board must develop conditional waivers that require compliance with the new TMDL allocations for agricultural activities by December 2012. “We believe the action plan lays out a strategy that allows the important cleanup to begin to occur,” St. John said. “When they’re adopted into a state basin plan they then have legal teeth,” Spain said. Everybody who is using the river is assigned a “load” – so much oxygen, temperature, and you’ve got to test that water and you can’t exceed certain pollution standards.” “The best thing we can do is give the fish a clean place to live,” Spain added. “That’s what the TMDLs are all about.” 13 Kin To The Earth Environmental Folk Hero Leaves Legacy By Kerul Dyer The environmental movement lost a hero when adventurer, wilderness advocate and bona fide folksinger James “Walkin’ Jim” Stoltz died in September. After decades of trekking across North America’s wild country, he has left a legacy of photographs and poems that document his backcountry journeys, along with original songs inspired from his experiences. Stoltz offered dynamic performances and recordings over the course of 35 years including eight albums and one music video for children, called “Come Walk With Me.” He integrated his photography and poems into multi-media presentations to encourage audience members to move from their seats to the wild places across the continental divide – from Yosemite to the Yukon. As an activist, poet, photographer, musician and friend, Stoltz reached out to people to share his love for the wilds and spread environmental awareness. The Environmental Protection Agency granted him its “Outstanding Achievement Award” for his advocacy for nature and wilderness across North America. Stoltz empowered people to get involved in protecting the wild places they loved from corporate industry. He co-founded 14 the Last, Best Place Wildlands Campaign, as well as Musicians United to Sustain the Environment (MUSE). He is well known for his advocacy for designated Wilderness Areas and bills designed to increase protections for wild places. On his web site, Stoltz wrote some heartfelt encouragement to viewers to take a stand for the wilderness: “The folks in Congress do not know wilderness. They do not know the value of an unblemished skyline, or the sight of a grizzly bear galloping across a mountainside. They can’t grasp the importance of a spotted owl or for that matter a lowly prairie dog. They’ve never felt the power of the old growth forests or the silence of the Utah canyons. You need to tell them about these things. You must share your feelings about life and nature and how precious they are. Those who are making the decisions need to know.” “He was the sweetest guy in the world,” said Dana Lyons, songwriter and activist and Stoltz’s good friend. “Walkin’ Jim just has a very gentle, beautiful soul. He worked tirelessly to protect the wilderness, and help inspire people to go out into the wilderness and work to protect it.” One of Jim’s most famous songs, “Forever Wild,” has become common at campfires across the Pacific Northwest. The song became political history when legendary activist and FBI target Peg Millet sang it, rather than speak to a judge during a sentencing hearing for her involvement in a controversial environmental action in Arizona. “While people know the song and have popularized it by learning and singing it, most people don’t know who wrote it,“ said Lyons, adding that this is what makes Stoltz’s music bona fide folk. “That’s the definition of a folksong,” he said. Over the course of his life, Jim walked about 28,000 miles on long distance trips. While wading across rivers and walking across ridge tops, Jim composed the tunes www.yournec.org Walkin’ Jim Stoltz that would be taken up by a generation of activsts. A growing collection of these can be found on www.walkingjim.com. In an effort to share his work and its message about defending endangered ecosystems, Stoltz organized a 45-state outreach tour. During that time he performed in Humboldt County, a stop organized by internationally acclaimed Earth First! Activist Darryl Cherney. “Jim was a great inspiration to me and I based my traveling slide show on his – even having a foot pedal like his designed me for so I could sing and show slides like Jim,” said Cherney. “What a magnificent contribution to our planet he has been.” October/November 2010 ECONEWS FIN-ISHED: A Brazilian fish exporter is being sued for $790 million over allegations it illegally sold the fins of 280,000 sharks since last year to meet demand in Asia, where they are a culinary delicacy. “This represents only a fraction of the sharks that are illegally killed off Brazil’s northeast coast. The massive and illegal fishing is doing irreversible harm to the ocean’s ecosystem, because sharks are at the top of the food chain,” said a spokesman for Brazil’s national environmental fund, which will get any money awarded by the courts. Eco-Mania A monthly melange of salient sillies.... IT’S THE BERRIES: Cranberry juice, that old folk remedy, really does effectively prevent urinary track infections (UTIs), according to a study at Worcester Polytechnic Institute in Massachusetts. Researchers discovered that the juice prevented E. coli, the most common cause of UTIs, from sticking together to form biofilms, thin, slimy layers that allow bacteria to thrive. This creates a better chance of flushing E. coli out of the urinary track. UTIs account for eight million doctor visits a year. ❂ ❂ TAKE A SLUG AT PAIN: Australian scientists have developed a medication isolated from the saliva of sea snails that they think could relieve the most severe forms of pain as effectively as morphine – but without risking addiction. Sea snail saliva contains chemicals that help the slow-moving creatures catch passing prey with needlelike teeth that shoot from their mouths like harpoons. Now Australian scientists have used one of the chemicals to develop a painkiller that can be swallowed in pill form. SLURP: An ice cream truck exclusively for dogs made its first appearance at a pet festival in London’s Regents Park this summer. The canine-friendly ice cream, created by a team of scientists, comes in two flavors: a ham and chicken sorbet topped with a biscuit bone, served in a cone, and dog biscuits and ice cream topped with a biscuit bone. ❂ NO MAIDS NEEDED: Japanese scientists have come up with a way to keep grime off large-scale solar power installations: self-dusting solar panels. Using technology developed for missions to Mars, they developed a transparent, electrically sensitive material that’s placed on glass or a plastic sheet covering the panels. Sensors monitor dust levels and when dirt reaches a critical level, an electric charge sends out a dust-repelling wave that cascades the dust away within minutes. ❂ ANIMAL FACTOIDS: A cat has 32 muscles in each ear, a goldfish has a memory span of three seconds, a shark is the only fish that can blink with both eyes, a snail can sleep for three years and there are more chickens in the world than people. ❂ JEOPARDY: A global shortage of medical isotopes spells trouble for the more than 50,000 diagnostic and therapeutic procedures done every day on U.S. patients using the tiny amounts of radioactive substances. The national meeting of the American Chemical Society heard a report that, because of the shortage, doctors may be forced to resort to tests that are less accurate, involve higher radiation doses and are both more invasive and more expensive. Isotopes injected into the body can enable doctors to see whether the heart has adequate blood flow or cancer has spread to a patient’s bones, and help diagnose gall bladder, kidney and brain disorders. ECONEWS October/November 2010 THE GREEN WAY TO GO: Want to leave a light footprint when you die? Consider “aquamation”, a new eco-alternative to burial and cremation. With land for burials in short supply and cremation producing around 150 kilograms of carbon dioxide per body – and as much as 200 micrograms of toxic mercury aquamation is being touted as the greenest method for disposing of mortal remains. The corpse is placed into a steel container and potassium is added, followed by water heated to 93 °C. The flesh and organs are completely decomposed in four hours, leaving bones as the only solid remains, just as in cremation, except aquamation uses only 10 percent of the energy of a conventional cremation and releases no toxic emissions. DRINK AND DRIVE: A new whiskey biofuel that can be used to power cars has been developed by scientists in Scotland. Researchers made the fuel from whiskey byproducts, combining the liquid from copper distillery equipment with spent grains to produce butanol. Scottish scientists said butanol is superior to ethanol, with 25% more energy per unit volume. The biofuel also can be introduced to unmodified engines with any gasoline blend. ❂ SPUD-BOOSTERS: Japanese scientists also have found two simple, inexpensive ways of increasing the amounts of healthful antioxidant substances in potatoes. One involves giving spuds an electric shock, and the other involves zapping them with the highfrequency waves of ultrasound. The scientists at Obihiro University discovered that treating the potatoes for 5 to 30 minutes increased the amounts of antioxidants – including phenolsand chlorogenic acid – by as much as 50 percent. www.yournec.org URINE OR YOU’RE OUT: Urine is one of the most abundant waste materials, with nearly seven billion people producing roughly ten billion liters of it every day – notwithstanding all the animals. That’s why Gerardine Botte, a chemical engineer at Ohio University, used urine instead of water as a possible source of hydrogen for use in fuel cells. Her team has generated hydrogen from urine, using an electrolytic cell with cheap nickel-based electrodes, for only a quarter of the voltage needed to split water. She says an office building where 200 or 300 people work – and pee – could produce about two kilowatts of power. 15 CNPS HAPPENINGS News and Events from the North Coast Chapter of the California Native Plant Society Beginners and experts, non-members and members, are all welcome at our programs and on our outings. Almost all of our events are free. All of our events are made possible by volunteer effort. EVENING PROGRAMS Second Wednesday evening, September through May. Refreshments at 7 p.m.; program at 7:30 p.m. at the Six Rivers Masonic Lodge, 251 Bayside Road, near 7th and Union, Arcata. October 13, 2010, Wednesday, “Unexpected delights: The people, fruit stands, and flora of Jamaica.” Botanist, explorer, photographer, and pollination biologist Dr. Michael Mesler shares some botanical fun from a recent trip to Jamaica. He will present photographic impressions of the crazy-quilt Jamaican cultural and botanical landscapes and tell a little about his coffee pollination project. November 10, 2010, Wednesday, “Experience the beauty of an Oak Woodland in spring.” Kathy Dilley and Donna Wildearth will share pictures from their trip to Cache Creek and Bear Valley (off Hwy. 20), where they saw masses of Indian warrior, monumental manzanitas, a glorious field of cream cups and gilias, and two CNPS listed plants.” December 8, 2010, Wednesday. Native Plant Show and Tell, Members Night. An informal evening for anyone to share photos, artifacts, readings, or food relating to native plants and their habitats. Tell Kim Imper, coordinator, dimper@ suddenlink.net, 444-2756, what you’d like to share. CHAPTER PICNIC October 9, Saturday. Chapter Picnic and Book Sale. 12 noon - 5 p.m. (more or less.) Dune plants spotted on a CNPS hike. Photos: Sylvia Ann White Home of Carol and C.J.Ralph on Arcata Bottom. Members and friends are invited to share good food and good company around a campfire between the dune forest and the Mad River Slough. Bring a dish to share, your own item to BBQ, your own beverage, and eating gear. Fire ready for BBQ at 1; eat 1-2:30; then walk in the Lanphere Dunes or the Ralphs’ agricultural wetlands. Meanwhile (in the Ralphs’ house) will be a botanical book sale. Bring any botanical books you can donate to the chapter to sell. Please tell Carol you are coming (and ask directions): 822-2015. Street. Co-sponsored by Friends of the Arcata Marsh. 826-2359. November 7, Sunday. Horse Mountain day hike. Grand vistas, diverse shrubs, and a study of seed pods will entertain us on a 2- to 4-mile hike on this popular, nearby ridge in Six Rivers National Forest. We will test a proposed route for a trail in this area. If the day is too wintry at this 4,400-foot elevation, we will opt for someplace lower. It’s a day to be outside with the plants! Meet at 8:30 a.m. at Pacific Union School (3001 Janes Rd., Arcata). Bring lunch and water. Dress for the weather! Return late afternoon. Information: 822-2015. Please watch for later additions on our Web site (www.northcoastcnps.org) or sign up for e-mail announcements Northcoast_CNPS-subscribe@ yahoogroups.com). Everyone is welcome. No botanical knowledge required. We are out there to share and enjoy. FIELD TRIPS AND PLANT WALKS October 30, Saturday. 2-4 p.m. “Going to Seed: Late Fall Plants at the Arcata Marsh”.This is a walk with lively naturalist Jenny Hanson on the paths of Arcata Marsh. Meet many common native and nonnative species and see the results of their flowering. Meet at the Marsh Interpretive Center, 569 South G NORTH GROUP NEWS A List of Events & Conservation Updates From the North Group Redwood Chapter Sierra Club Last Call for ExCom Candidates If you’re interested in serving on North Group Executive Committee, which meets every second Tuesday from 7‑9 p.m. at Eureka’s Adorni Center, contact Ned at 707-826-2417 or [email protected]. Candidate statements are due by October 21 to be included on the ballot for the 2-year term that begins in January. Reminder: $5 ECONEWS Subscription Cost If you are not an NEC member and wish to continue receiving a printed copy of the ECONEWS (6 issues/ year) once NEC starts charging its member groups, please send ASAP a check for $5 payable to North Group Sierra Club, POB 238, Arcata 95518. Political Endorsements & Ballot Initiatives For the November 2 election, the national Sierra Club has endorsed Paul Gallegos for Humboldt County District Attorney and Patrick Cleary for Fifth District Humboldt County Supervisor. Additional endorsements were pending at column deadline. Regarding state ballot initiatives, Sierra Club California supports Proposition 21, the State Parks and Wildlife Conservation Trust Fund Act of 2010, that would provide a stable, reliable, and adequate source of funding to protect state parks and conserve wildlife. Sierra Club California opposes Proposition 23, which would halt clean energy efforts and pollution control standards aimed at cleaning up our air and atmosphere for our kids and future generations. For more information, go to www.sierraclubcalifornia.org/ elections.html. New Hike Leader Bill Knight of McKinleyville is North Group’s most recently qualified hike leader. Bill tells us that he has hiked extensively over most of his life, from short day hikes to long backpacking trips. His interest in the complex, varying natural environment encountered during these hikes meshes with his career as a consulting environmental engineer. Welcome, Bill! Camper Essays This summer, due to the generosity of our members, North Group was able to support five local children to attend overnight camps at Redwood State and National 16 Parks and four to attend weeklong day camps (alternative energy, forestry, and aquatics) through the Arcata Recreation Department. Campers were required to submit an essay about their experiences. Here are excerpts from those essays: “Camp taught us to respect animals, people, North Group hike to Whiskey Prairie led by Susan Whiteside in April of 2008. Photo: Scott Wagner trees, and all living Indian (Tsurai) Beach. No dogs. Meet noon Trinidad things; to help others; be kind; and be quiet while others State Beach parking lot on Stagecoach Road near school. were talking”… “I had a wonderful time at the camp Leader Bill, 707-839-5971. Rain cancels. and made a lot of new friends, even the birds in the October 23 – Table Bluff /Mouth of Eel River. nest next to the bathrooms”… “Our field study looked 9 miles, medium difficulty. Begin below Table Bluff, at whether the circumference of the redwood tree had follow beach south 4.5 miles, return along dunes and anything to do with its height”… “Anemones and starfish McNulty Slough. Carpools meet Herrick Park & Ride 9 are called ‘potty mouths’ because they eat and poop out a.m. or beach below Table Bluff 9:30 a.m. Leader Xandra, of the same hole”… “The process and creation of the 707-441-0702. Rain or tsunami warning cancels. state parks took a great deal of time but I know it was November 6 – Headwaters Forest Eureka. 11 miles, worth it because I enjoy camping so much.” medium difficulty. Begin at parking lot at end of Elk River Road trailhead. Level for 3 miles, next 2 miles Outings & Meetings steep climb and loop through beautiful old-growth October 12 – Executive Committee Meeting. section. Return along same route. Meet 9 a.m. Herrick Discuss local conservation issues 8-9 p.m. following Park & Ride or trailhead 9:30 a.m. No dogs. Leader business meeting 7-8 p.m. Adorni Center, Eureka. Info: Xandra, 707-441-0702. Gregg, 707-826-3740. November 9 – Executive Committee Meeting. October 16 – Centerville Beach/Mouth of Eel [See October 12 listing.] River. 11 miles, medium difficulty. Hike beach north November 13 – Table Bluff/South Spit. 9 miles, from Centerville Beach County Carpools meet Herrick Park & Ride 9 a.m. or at beach 9:45 a.m. Leader Xandra, easy. Begin below Table Bluff, follow road to South Spit 4.5 miles between ocean and bay. Return along beach. 707-441-0702. Rain or tsunami warning cancels. Carpools meet Herrick Park & Ride lot 9 a.m. or beach October 17 – Trinidad. 8 miles, medium difficulty. below Table Bluff 9:30 a.m. Leader Xandra, 707-441Scenic loops around Elk Head, Trinidad Head, and 0702. Rain or tsunami warning cancels. www.yournec.org October/November ECONEWS ! Forest Restoration Act Vetoed By Amy Coombs “It didn’t even seem like the After a turbulent journey through Governor read the bill. He was the legislature, Assembly Bill 2575 not in the loop. The veto message (AB 2575) was vetoed in the final was prejudicial,” said Gienger. “We hours of September. In an attempt established criteria for the pilot to address the cumulative effects projects to help them take a more of logging on a watershed, the restoration-oriented focus, and to get bill defined standards for forest more out of the restoration efforts. restoration projects planned by the We want them to actually apply the California Department of Forestry. coho recovery strategy,” he said. The Senate approved the bill in Original language required late August, and it was sent to the timber harvest plans to be organized Governor’s office for enrollment. online according to their watershed, Proponents waited with baited allowing foresters to easily study breath as September came to a close, current and past harvests in their knowing that if the bill was neither area. This criteria was dropped signed nor vetoed by October, it during the legislative process due to would become law by default. After cost concerns. nearly a month of silence, Governor “In reality, the timber harvest Schwarzenegger signed a veto letter plan does a poor job of evaluating on the last day of the month. the cumulative effects of logging Called the “Comprehensive Forest on a watershed,” said Ken Hoffman, Land Recovery and Restoration who recently retired as the program Act,” the bill established additional manager for Habitat Conservation criteria for those who want to at the California Department of Fish deviate from good forestry practices. and Game. The Department of Forestry’s Some drainages have been cut Anadromous Salmonid Protection multiple times, and old culverts are Rules (ASP Rules) went into beginning to fall apart. Mitigation is effect this year, allowing foresters expensive, and usually only occurs to sometimes exceed the Forest on sites proposed for logging. Practice Rules, so long as their Google Earth imagery of Sierra Pacific clear-cut logging near Mt. Lassen. One harvest can exacerbate the cumulative impacts of previous logging. “Foresters often can’t even get actions increase protections for onto adjacent properties to evaluate salmon and steel head trout. and Sonoma), the bill listed scientific criteria for the other sites for cumulative effects, AB 2575 aimed to set criteria for pilot projects, requiring reproducible, quantitative much less coordinate a mitigation effort,” said Hoffman. these so-called increased protections. For example, methods to be used when evaluating the starting “In my 20 years of experience, I saw thousands of timber rules currently require that a set number of large trees characteristics of the ecosystem, and the results. harvest plans, and never were cumulative adverse be left near streams, but some argue it might make The bill did not require additional money to be impacts indicated, even though in reality they were very sense to cut one or two to form pools for coho salmon. spent on the pilot projects; they rely on current agency much a problem.” “Logging companies believe they should be given budgets. Yet to appease concerns over funding, the bill’s While AB 2575 never tackled the larger problems some extra slack in this case, and possibly be allowed to authors drafted language requiring pilot projects to take associated with cumulative effects reporting and timber cut a couple of extra trees to pay for the process,” said place on private land, with any additional costs picked harvest plan review, Gienger said the additional criteria Richard Gienger, a restoration consultant who teamed up by landowners. Only if no private landowner could for restoration projects would have helped. up with the San Francisco-based Forest Forever to help be found would a pilot project be held on state lands. “The guidance for general cumulative impacts write the bill. “The pilot projects will determine how would have remained the same,” said Gienger, “but by they go about this kind of stuff, and AB 2575 would have “AB 2575 would have cost very little,” said Gienger. Yet in his veto letter, the Governor said “agencies would structuring a better guidance for the pilot projects, we ensured everything is transparent and that companies be forced to redirect scarce budget dollars and substantial may have changed the general way cumulative impacts are make decisions based on the health of the watershed, numbers of staff from existing program priorities…” evaluated and considered within the logging community.” with impacts from historic and recent logging in mind.” Restricting pilot projects to state lands also “makes Gienger hopes to take a second crack at the bill Authored by Assembly Members Wesley Chesbro no sense,” said Schwarzenegger. next year. (D-North Coast) and Noreen Evans (D-Napa, Solano, www.markwheetley.com Like What You’re Reading? Help keep ECONEWS afloat by supporting our advertisers. Tell them you saw it in ECONEWS! Photo © Sam Camp / campphoto.com ECONEWS October/November 2010 www.yournec.org 17 The Good News Page New Air Pollution Protections Adopted Protections Upheld For Wild Steelhead Although an influential group of irrigators have argued for removal of endangered species protections, a court has rejected an attempt to strip protected status from wild steelhead trout in California’s Central Valley. The irrigators argued the ocean-going Central Valley steelhead population should be removed from the endangered species list. Freshwater rainbow trout – which never go to sea – might someday replace extinct steelhead populations, they argued. The two species are genetically very similar, and the argument implies replacing one similar species with another has no impact. “Steelhead and people need clean water, swimmable streams, and healthy habitat,” said Steve Mashuda, an attorney with Earthjustice who represented the coalition of conservation and fishing groups. “We all win when we protect and recover wild steelhead and their habitat.” Steelhead once returned from the ocean in the millions every year to the Sacramento and San Joaquin River systems in the Central Valley. Today, these fish have disappeared from 95 percent of their historic habitat, and they continue to face threats from unchecked water use, blockage by dams, urban sprawl, and polluted rivers. The Court’s ruling represents the latest rejection of attempts by big agricultural interests to take more water out of the San Francisco Bay-Delta ecosystem. It also follows a report issued in August by the State Water Resources Control Board, which found that greater flows and less water diversions were needed to restore the estuary and its imperiled fish populations. 18 Mercury and other toxic air pollutants will be reduced up to 92 percent thanks to new EPA rules for cement kilns adopted in August. The move will result in significant pollution reductions of mercury, fine particle pollution, hydrochloric acid, and total hydrocarbons from the cement manufacturing industry. More than 100 cement kilns pump out toxins across the country. The EPA estimates that cutting air pollution from the kilns could result in the avoidance of up to 2,500 premature deaths each year. Cutting this air pollution will result in benefits of up to $18 billion annually, starting in 2013 when the rule takes effect, the agency estimates. In a separate effort, the EPA also announced that it was moving towards proposing limits on greenhouse gas pollution from cement kilns. The agency said that cement Images courtesy NASA kilns are the 3rd largest industrial emitters of greenhouse gases and that there appear to be cost-effective technologies to curb those emissions. Modernizing older cement kilns with technologies such as scrubbers and activated carbon injection will help to create more jobs for the cement industry and will help preserve jobs in existing communities. “We’re glad that EPA saw fit to write a single strict standard for these pollutants that will apply to every cement kiln in the U.S.,” said Jim Schermbeck, with the Dallas, Texas-based group Downwinders At Risk. “All Americans deserve the same level of protection from toxic emissions from these facilities, regardless of where they live.” Hole in the Ozone No Longer Grows The ozone holes in the stratosphere over each of the polar regions have stopped growing due to the phaseout out of nearly 100 ozone-depleting substances once used in products like refrigerators and spray cans, reported United Nations scientists in September. The study found that, “Over the past decade, global ozone and ozone in the Arctic and Antarctic regions is no longer decreasing but is not yet increasing.” The ozone layer protects the earth and its inhabitants from the harmful ultraviolet rays of the Sun. According to the study, the ozone layer outside the polar regions will recover to pre-1980 levels before the middle of this century, but the annual springtime ozone hole over the Antarctic will likely take much longer to disappear. Many ozone depleting chemicals, such as CFCs, www.yournec.org chlorofluorocarbons, once present in products such as refrigerators and spray cans, have been phased out. But demand for replacement substances called HCFCs, hydrochlorofluorocarbons, and HFCs, hydrofluorocarbons, has increased, raising alarms about increased greenhouse gas levels. The phase out of ozone-destroying chemicals is required under the Montreal Protocol on Substances That Deplete the Ozone Layer, an international agreement written to protect the stratospheric ozone layer. The agreement achieved universal ratification just last year. The new report confirms that the Montreal Protocol is working. The Montreal Protocol has “provided substantial co-benefits by reducing climate change,” because many substances that deplete the ozone layer are also potent greenhouse gases, according to the report. October/November 2010 ECONEWS The Fight For The Grove Continues “We are determined not to let this protected grove of old-growth redwoods, and the endangered species that depend on them, be cut into for the sake of letting a few more oversized trucks speed through the grove,” said Peter Galvin, conservation director for CBD, in a press release. “Caltrans should scrap this misguided project, which has been opposed by dozens of groups, local business owners, scientists, elected representatives and tens of thousands of concerned citizens” “We can see no other option than to seek help from the courts to protect this threatened grove,” added Kerul Dyer, Richardson Grove Campaign coordinator for EPIC. Bess Bair, lead plaintiff in the lawsuit, was born and raised in Southern Humboldt County. She is the granddaughter of Bess and Fred Hartsook, original owners of the historic Hartsook Inn, near Richardson Grove. Bair joined the lawsuit to carry on her centurylong family legacy of protecting the majestic giant redwoods from harm. “I know these trees intimately, I was raised among them,” said Bair. “There are ways to resolve this situation that do not put these trees at risk, and preserve them for all Californians.” The proposed highway realignment has bitterly divided the Humboldt community because of its potential to bring significant economic benefits to area businesses that export product. Many business owners and their supporters, including county supervisors, have stood up in favor of the highway realignment. One such business, Cypress Grove Chevre, was recently purchased by Emmi, a Swiss Dairy Conglomerate – despite the purported negative economic impacts caused by the necessity of using nonSTAA trucks to transport the cheese out of the county. Other area manufacturers have stated that it is difficult to maintain competitive pricing while based Global Energy Event in Humboldt County because of “Save The Grove” proponents have organized the Second the extra expense involved with Annual 350 Global Energy Event to take place in Richardson transporting goods in smaller Grove on Sunday, October 10, from noon till 5 p.m. The event trucks. will feature speakers, music and educational activities, and atBut grassroots opposition to the tendees are encouraged to bring a picnic. This is a part of 350. highway project continues. When org’s Global Day of Action intended to send a clear message a photographer Jack Gescheidt to politicians about climate change. 350.org is an internacoordinated a nude photograph tional campaign that’s building a movement to unite the world illustrating the vulnerability of the around solutions to the climate crisis. trees within the project area, he was rewarded with two misdemeanor Organizers of the Richardson Grove event invite the public to While California Department of Transportation (Caltrans) is on track to realign Highway 101 through Richardson Grove in early 2011, the campaign to protect Humboldt’s “Redwood Curtain” is heating up. During the last days of September a second lawsuit was filed, a city council passed a resolution opposing the project and a renowned photographer was cited for taking a provocative image in the grove. The project proposes to realign a particularly curvy section of Highway 101 that runs through Richardson Grove State Park – construction that requires removing some trees and cutting into the roots of old growth redwoods. The roadwork would allow oversized STAA trucks to legally pass through that section of highway. (See ECONEWS, May/June 2010.) Established in 1922, Richardson Grove State Park is home to one of the last protected stands of accessible old-growth redwoods. It attracts thousands of visitors from around the world every year. The park also provides essential habitat for threatened and endangered species like the marbled murrelet and Northern spotted owl, and its creeks support runs of imperiled salmon and steelhead. The Center For Biological Diversity (CBD) and the Environmental Protection Information Center (EPIC) have taken the lead in opposing the project. On September 27 the two groups joined with Californians for Alternatives To Toxins and five private citizens in federal lawsuit against Caltrans challenging the construction project. This is the second litigation intended to stop the controversial project and it cites Caltrans’ failure to conduct a thorough environmental review, which violates the National Environmental Policy Act and the Wild and Scenic Rivers Act. “be a part of a global event among the tallest and oldest air purifiers on Earth: old growth coastal redwoods.” Speak Up and Speak Out! President Barack Obama The White House 1600 Pennsylvania Ave. NW Washington, D.C. 20500 Comments: 202-456-1111 Switchboard: 202-456-1414 www.whitehouse.gov/CONTACT/ Senator Barbara Boxer Washington, D.C. 112 Hart Senate Office Building Washington, D.C. 20510 202-224-3553 or 415-403-0100 boxer.senate.gov/contact/email/ index.cfm Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, D.C. 20510 Tel: 202-224-3841 or 415-393-0707 feinstein.senate.gov/public/index. cfm?FuseAction=ContactUS. EmailMe Congressman Mike Thompson 231 Cannon Office Building Washington, D.C. 20515 Tel: 202-225-3311 317 3rd Street, Suite 1 Eureka, CA 95501 Phone: 269-9595 mikethompson.house.gov/ contact/e-mail.shtml Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA, 95814 Tel: 916-445-2841 gov.ca.gov/interact#email Assemblyman Wesley Chesbro State Capitol P.O. Box 942849 Sacramento, CA 94249-0001 Tel: 916-319-2001 710 E Street, Suite 150 Eureka, CA 95501 Tel: 445-7014 legplcms01.lc.ca.gov/PublicLCMS/ ContactPopup.aspx?district=AD01& Humboldt County Board of Supervisors 825 Fifth Street, Room 111 Eureka, CA 95501 (707) 476-2384 co.humboldt.ca.us/board/ California Department of Forestry Humboldt-Del Norte Unit HQ (707) 725-4413 118 S. Fortuna Blvd. Fortuna, 95540-2796 Mailing Address: PO Box 944246, Sacramento, CA 94244-2460 Physical Address: 1416 Ninth Street, Sacramento, CA 94244-2460 ECONEWS October/November 2010 North Coast Regional Water Quality Control Board 5550 Skylane Blvd., Suite A Santa Rosa, CA 95403-1072 707-576-2220 or 707-523-0135 www.swrcb.ca.gov/northcoast/ about_us/contact_us.shtml Secretary of Agriculture U.S. Department of Agriculture 1400 Independence Ave. SW Washington, DC 20250 [email protected] Environmental Protection Agency www.epa.gov/epahome/hotline. htm Air Pollution Hotline 1-800-952-5588 Humboldt Bay Municipal Water District 828 Seventh Street/P.O. Box 95 Eureka, CA 95502 Phone: 443-5018 www.hbmwd.com/contact_us California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 415-904-5200 710 E Street, Suite 200 Eureka, CA 95501 445-7833 or 445-7834 www.coastal.ca.gov A truck drives through the redwoods in Richardson Grove. Photo: Greg King citations from the California Highway Patrol. Gescheidt brought his photo to the City Council of Albany, California, and the council voted to approve a resolution – sponsored by Councilman Robert Lieber – opposing the Caltrans project. The City of Albany also sent a letter to Governor Schwarzenegger urging him to rescind the project. “California’s State Parks are valuable to all residents,” said Lieber. “We hope that other cities follow Albany’s lead.” So far no city or government official within Humboldt County has followed suit. Freshwater Tissue Not A Go: Pulp Mill Confirms Closing By Amy Coombs Just two months after obtaining a permit to re-open, the Samoa pulp mill has decided to sell its power plant. The deal puts a final end to any discussion of future operation. In its 43 years, the mill sparked controversy for releasing pollution and odors. It also made headlines in the 1990s for switching to chlorine-free bleach—a less toxic technique used by only one other pulp mill in the world. “If there is no power plant, there is no mill,” said owner Bob Simpson. “There is no way we will be able to afford to replace the plant after it’s gone.” The equipment is reportedly worth $130 million, with assembly prices approaching another $10 million. While Simpson hasn’t released the amount of the sale, or the interested parties, he confirms there are two different potential buyers. In one case the new owner will ship the boiler to the southeast. The other interested party says it will keep the machinery onsite for use in a biomass power plant, and lease the land from Simpson. A third offer to purchase the power plant was rejected in March, as negotiations to re-open the mill were still underway. Simpson received a permit to reopen the facility in July. Three weeks later, he received word that the League of Eurekan’s Against Pollution (LEAP) successfully appealed the permit to the State Water Board. LEAP asked that a series of water treatment pools be built before the mill re-opened. According to the permit, water www.yournec.org could be discharged directly into the Pacific Ocean during the three years of treatment pool construction. “The secondary water treatment plant [would have been] built in either case, but LEAP wanted the mill to delay operations until the plant was constructed,” says Simpson. “I couldn’t let the mill sit for this long because equipment would rust, and we would lose laid off employees to other jobs.” The mill closed in October 2008, leaving 1,300 employees out of work. Previously owned by the Hong Kongbased Lee & Man, a parent company to Evergreen Pulp, the mill was bought by Simpson and his two partners when the economy crashed. At the time Lee & Man had two mills under construction—one in China and one in Vietnam. After realizing they couldn’t fund both operations and maintain investments in Humboldt, the company converted pulp from the Samoa mill to cash, and invested it into their China facility. Lee & Man walked away from their site in Vietnam, as well as the trade debt in Samoa, said Simpson, who bought the facility using the name Freshwater Tissue Company. “We haven’t heard from them since we acquired the mill in February 2009,” he said. With the mill’s permit in limbo, Simpson said equity investors could not be enticed. Without an equity investment, bank loans could not be obtained. “Hence the plans to start making money by selling the power plant,” said Simpson. Representatives of LEAP could not be reached for comment. 19 Northcoast Environmental Center 791 Eighth St., P.O. Box 4259 Arcata, CA 95521 Voodoo Dues NON-PROFIT ORG. U.S. POSTAGE PAID Arcata, CA PERMIT NO. 3 Are you due to renew?? Check your date! Join the NEC and support our conservation work. $35 Regular $65 Overseas State Exp. Date City Phone E-mail Zip Address Name Credit Card # Or sign up for a monthly pledge and enjoy the comfort of knowing that you are continually supporting our efforts to protect this region. Monthly Pledge Amount $__________ Bill my credit card Send me a pack of envelopes My check is enclosed Please bill my credit card: VISA MasterCard $20 Student/Retired $50 Family $1,000 Lifetime Membership Levels: Mail in this membership form, or join online at www.yournec.org. In our fast-paced lives, the indispensable life supports like air, water and wild nature are often overlooked. Your tax-deductible membership donation will get ECONEWS delivered into your mailbox every month – and allow us to continue to educate and inform the public about crucial environmental issues that affect this region and our entire planet. The city of Minneapolis has been ordered to pay seven students an average of about $23,000 each because they were arrested and jailed for two days for dressing up like zombies to protest “mindless consumerism.” The seven were wearing white face powder, fake blood and dark eye make-up, and were lurching along stiffly with sound equipment to amplified music from an iPod, when they were arrested for carrying gear that police claimed simulated “weapons of mass destruction.” An appeals court ruled that the police lacked probable cause to arrest the seven, who said they were merely performing street theater. Here at the NEC, we have been decrying wasteful consumerism for almost four decades. But we do believe it is sane economic policy for you, your relatives, friends – and all the zombies you know – to become members of the environmental center. What we do isn’t voodoo, but plain hard work to protect the embattled bioregion of northwestern California, southwestern Oregon and elsewhere. But it can’t be done without financial support – or volunteers (call 707-822-6918 to sign up; no fake blood or face powder required.) Please contribute and help keep the environment out of the hands of the living dead. Thank you. Thanks To This Year’s Coastal Cleanup Volunteers! We couldn’t have done it without you. We met our goal! More than 1,000 volunteers came out to clean Humboldt County beaches and inland waterways on Saturday, September 25. They picked up more than 5,000 pounds of trash at nearly 50 local beaches and inland waterways. The Coastal Cleanup is a community effort that was originated by the Northcoast Environmental Center in 1978. Arcata, California Vol. 40, No. V October/November 2010 ECONEWS Informing The North Coast On Environmental Issues Since 1971 Tolowa Dunes Under Fire From Hunters. Will State Protections Be Weakened? Also: Mercury In Ruth Lake Bass Logging Roads Need Permits New Pollution Standards For Klamath October/November 2010 ECONEWS www.yournec.org Arcata Photo Studios 20