CONSERVATION NEWS

by Ann Vileisis

Southwest Oregon Mineral Withdrawal bill advances!

I am pleased to report that on Oct. 18, the Senate Energy and Natural Resource Committee held a hearing, which included consideration of the Oregon Recreation Enhancement (ORE) Act. The ORE Act includes the Southwest Oregon Watershed and Salmon Protection Act (SOWSPA), which would secure a permanent “mineral withdrawal” to protect vulnerable areas at the headwaters of the Wild and Scenic Illinois and North Fork Smith Rivers, plus Hunter Creek and Pistol River, from the threat of nickel strip mining. The bill also includes designation of more wilderness and a National Recreation Area for the Rogue River canyon (upstream of Curry). In the Senate, such hearings are key stepping stones for a bill to advance.

You will remember that Congressman DeFazio advanced the SOWSPA portion of this bill earlier this year on the House side, pressing to have it included in a big public lands bill. The challenge of lawmaking, of course, is to get bills through both the gauntlet of both Senate and House hearings so they can match up in a larger public lands bill before the end of the two-year session. With so many pressing issues facing our country, and unprecedented political polarization, this chess game is not easy. That makes your continued engagement crucial.

Longtime KAS members know, we’ve been working for many years to secure this mineral withdrawal to permanently protect our rivers and unique wildlands from new mining claims. In the face of an active mining proposal up Hunter Creek, we built tremendous local and regional support and positive momentum. After massive turnout at public meetings—demonstrating 99% support, including from local surrounding communities, businesses and tribes—we secured a temporary administrative 20-year withdrawal in 2017. But only Congress can make it permanent, and the clock is ticking.

Meanwhile, this past summer, a mining proponent in Josephine County mounted an aggressive campaign to oppose any restrictions on mining in SW Oregon, promoting a vision of new mines as an economic boon for southern Oregon, though ignoring economic realities and severe problems that strip mining would impose on our pristine streams. Nonetheless, his claims prompted the Josephine County Board of Commissioners (BOC) to write two letters opposing SOWSPA and the River Democracy Act, which is another promising bill that would protect rivers statewide (see below). Of course, whatever happens on lands and rivers in Josephine County is upstream from us–in both the Illinois and Rogue watersheds. In addition, with the current push for renewable energy and growing global demand for battery metals, including lithium and nickel, the mining industry has been pushing hard for looser regulations to a more-receptive Congress.

And so, the threats remain. It’s important to remember that mining companies still operate under the Mining Law of 1872, which provides very few sideboards, gives local communities no way to protect drinking water, fish habitat or other special values, and leaves the taxpayers holding the bag for clean-up of toxic wastes and spills. As long as federal mining law makes it cheaper and easier to wreck pristine landscapes for raw minerals, sourcing needed metals from recycled sources remains a backburner option. Meanwhile, the metal mining industry, dominated by foreign companies, is the most polluting in America. In our region of renowned wild rivers, clear water, and salmon runs (not to mention unique rare plants) —plus high precipitation, locating strip mines on public lands at our headwaters would be a major mistake! As we’ve long said, this is no place for mining.

In addition to the ORE Act, earlier this year Senators Wyden and Merkley introduced the River Democracy Act (RDA), which would designate thousands of new miles of wild and scenic rivers all around Oregon, including many in our KAS beat thanks to local nominations and support. The bill would give the Forest Service clear directive to manage our rivers to protect their outstanding values into the future, and also would explicitly prevent new dams and new mining claims. This bill had its very first hearing earlier this summer. More than 250 businesses and breweries, including many in southwest Oregon, have supported it—providing an important counterweight to those few advocating for more mining.

To keep up momentum to get ORE/SOWSPA across the finish line and to show support for the RDA, I ask for your help once again. Please make a call or send an email to Senators Wyden and Merkley. We’ve had to do this again and again, and yet “endless pressure endlessly applied,” in the words of the great conservationist Brock Evans, is the only way we can succeed in proactively protecting the wild rivers that provide for so much life, beauty, recreation –not to mention drinking water –in our region.

ACTION ALERT: PLEASE HELP by taking 2 minutes to call Senator Wyden’s office and leave a message/or send a short email to THANK him for advancing the ORE Act.

Here is the phone number for Sen. Wyden’s Washington Office: (202) 224-5244 If you call after-hours, you’ll be asked to say and spell your name, indicate where you live –and leave a brief message. That’s easy!

Or here’s the URL for Senator Wyden’s website where you can send him a note:  https://www.wyden.senate.gov/contact/email-ron

SAMPLE Voice Message/note to cut, paste, and please personalize to make it more effective:

Dear Senator Wyden,

Thank you advancing the Oregon Recreation Enhancement Act, which includes the Southwestern Oregon Watershed and Salmon Protection Act (SOWSPA). This bill will help to permanently protect the headwaters of our cherished local rivers from the threat of strip mining. I value our rivers and this is something that local people care about and that I’d really like to see get done. I also support your efforts on the River Democracy Act. I appreciate your leadership in protecting all our wild rivers. THANK YOU!

Senator Wyden is on the Senate Energy and Natural Resources Committee that will have chief jurisdiction on this bill, but if you have time, please also thank Senator Merkley. He has co-sponsored this bill, and he can help by lending his support, so it’s good for him to hear from us too. The message is the SAME as above.

Here is the phone number for Senator Merkley’s Washington office: (202)-224-3753

And here is the URL for Senator Merkley’s contact website where you can send an email: https://www.merkley.senate.gov/contact

Offshore Wind energy planning proceeds

As reported in recent Storm Petrels, the Bureau of Ocean Energy Management (BOEM) is proceeding, along with the Oregon’s Department of Land Conservation and Development (DLCD), to identify potential areas for offshore wind energy development, called “call areas,” on the outer continental shelf along Oregon’s coast. The call area locations are expected to be announced this winter, with an official federal BOEM process starting early next year. Kalmiopsis Audubon has taken a lead role in helping to catalyze the Oregon Audubon Council and other wildlife-conservation groups to work proactively on this issue by identifying key issues for birds, fish, and wildlife early on in the process.

Of course, it’s important to remember our context: the perils of climate change already seem to be coming faster than expected, and a recent Intergovernmental Panel on Climate Change (IPCC) report has indicated that we’re missing the boat in reducing carbon emissions and thereby will face higher temperature increases. Already higher temperatures and carbon levels are causing marine heat waves and ocean acidification that is affecting marine life. President Biden has prioritized climate action, and so there is an urgent push for massive offshore wind projects that could theoretically come on line to provide significant energy in a relatively short time—with fewer larger turbines producing more energy. (Of course, there will be significant infrastructure needed to “onshore” and distribute the electrons.) Offshore wind energy facilities have already been developed in the North Sea, off Scotland and Denmark. And on the West Coast, there are already “call areas” identified and under consideration off California (near Morro Bay and Humboldt).

The floating offshore wind projects that BOEM will consider on West Coast’s outer shelf will be among the first in the world to be sited in one the Earth’s four eastern ocean boundary upwelling systems –in our case, the California Current. These nutrient-rich, upwelling zones are the globe’s most dynamic and ecologically rich ocean ecosystems for productivity of marine life and fisheries, supporting abundant seabirds and marine mammals—and our California Current marine ecosystem is no exception.

The waters off Oregon are particularly valuable for birds, fish, and wildlife. Audubon and Birdlife International have identified important hotspots along Oregon’s coast, including over 15 nearshore “Important Bird Areas” (IBAs) and two large, offshore IBAs (Cape Blanco, Heceta Bank) that extend into waters where wind turbines are expected to be sited. Nearly 100 species of birds, including the endangered Short-tailed albatross and other seabirds of conservation concern, come from all around the Pacific to forage in Oregon’s productive offshore waters.

This clean, nutrient-rich water also attracts many species of marine mammals. Foraging areas have been identified off Oregon for humpback and gray whales, as well as endangered Southern Resident killer whales. Our offshore waters also host critical habitat for other endangered marine species, including leatherback sea turtles and green sturgeon.

Given the dynamic nature of the California Current marine ecosystem off Oregon’s coast, sophisticated spatial planning will be needed to identify ecologically important areas to be avoided. Some offshore oceanographic features are already well-known to create important zones of high productivity, including the Astoria Submarine Canyon, Heceta and Stonewall Banks, and the advective upwelling zone south of Cape Blanco. These areas should be avoided for wind development. However, the dynamic nature of our upwelling ecosystem presents unique challenges for marine spatial planning. El Niños, Pacific Decadal Oscillations, and other atmospheric cycles can alter oceanographic processes and spatially shift zones of high productivity or of devastating hypoxia and thereby significantly shift foraging areas through time. In addition, climate change is already shifting marine life distribution and may also alter atmospheric cycles in yet unknown ways.

KAS and other conservation organizations have sent a letter to BOEM and DLCD identifying key habitat areas and issues for birds, fish, and wildlife to be addressed in siting wind energy facilities on Oregon’s outer continental shelf. Floating offshore wind energy has great potential to help us transition away from polluting fossil fuels, but as we do, it will also be crucial to proactively conserve our region’s remarkably clean and productive marine ecosystems. We’ll be pushing hard to make sure that BOEM accounts for these unparalleled values in their siting process.

Elk River chinook salmon, update

At September’s ODFW Commission meeting, I testified on behalf of KAS regarding the Elk River’s fall Chinook run, urging ODFW to do more to restore viability for this important but imperiled local run. This run is managed under ODFW’s Coastal Multispecies Management and Conservation Plan (CMP), which focuses on coastal fish species that migrate north, and it was time for a 5-year status review (yes, several years late!) of the plan’s efficacy.

Long-time KAS members know we’ve been advocating for Elk River fall Chinook since 2013 when ODFW first identified them as non-viable—in fact, the state’s ONLY non-viable fall Chinook run. In 2019, an updated ODFW Population Viability Analysis (PVA) indicated that this run has an alarming 89 percent risk of extinction, which is off-the-charts in terms of risk (usually 5 percent is considered the threshold for concern)!

ODFW has attributed the problem to two factors: poor habitat in the lower river (lack of shade, trees, large wood, and off channel habitat for rearing) and hatchery interactions. The Elk River hatchery puts out roughly 275,000 chinook smolts out each year, but too many returning hatchery fish—instead of getting caught or returning to the hatchery—spawn with wild chinook in the river. In the past, it was thought that hatcheries could easily “supplement” wild runs and provide for more fishing “opportunity,” but a significant body of research over the past three decades has demonstrated that “supplementation” programs actually replace wild fish runs with a far less sustainable substitute. While hatchery-raised fish are well suited to life in a hatchery, they are not optimally suited for life in the wild. As a result, when too many hatchery fish interbreed continually with wild fish, their offspring are less productive, which in the long run depresses the productivity of the wild run. At this point, alarmingly, Elk River’s wild run is no longer reproducing itself. All this becomes especially consequential in the face of projected climate changes because genetic and life history diversity will be the key ways that fish can adapt to changing river and ocean conditions. 

Over the past seven years, ODFW has taken some actions to address the hatchery problem. They’ve reduced smolt output from 325,000 fish to ~275,000. They’ve left the intake ladder open through the entire season and fixed water pumps. This has helped to draw more fish into the hatchery and significantly reduced the number of hatchery fish spawning on wild fish redds –measured as pHOS (percent hatchery fish on spawning grounds). In the past, pHOS readily exceeded 50%, and now it’s down to just below 30% —a trend in the right direction. Also, starting last year, in light of the alarming PVA, ODFW curtailed take of wild fish for the first time ever, a closure continuing this year. This should result in anglers catching more hatchery fish and will hopefully allow more wild fish to reach and “seed” upper river spawning grounds. Finally, researchers continue to study whether adding a scent to egg incubation water might provide a better cue for hatchery fish to return into the hatchery –another possible way to reduce spawning of hatchery fish on wild spawning grounds. This research still has another six years to go! Meanwhile, we remain concerned that ODFW seems unwilling to consider the one idea that may be most important–to simply lower the enormous hatchery releases to a more sustainable level that could reduce high risks to wild run.

For comparison, according to 2019 ODFW data, the number of fall Chinook smolts and fingerlings released by Indian Creek hatchery in the estuary of the mighty Rogue River was ~63,000, and hatchery fall Chinook made up 1-3 percent of the returning lower river run. In the much smaller Elk River, the average number of fall Chinook smolts released annually between 2014-2018 was 279,209, and hatchery fish made up a whopping 52 percent of the returning run!

Moreover, a key problem in tracking Elk River chinook populations is that when ODFW counts returning fish, they count those that return without an adipose clip as “naturally produced.” However, these non-clipped fish could be not only the offspring of two wild fish, but possibly of one hatchery and one wild parent, or of two hatchery parents that spawned in the river. There’s been a nagging concern that the high numbers of hatchery fish continually added into the river, and continually contributing to less productive, non-clipped offspring, could be masking a decline of the wild run. That is a key reason that ODFW’s recent PVA is so alarming. If this is making your head swim, don’t worry. This is a truly challenging issue on many levels.

In short, when Elk River hatchery was built back in 1968, Elk River had a strong run of fall chinook—a majestic, locally adapted, deep-bellied fish that was a keystone species for this exceptional watershed. But now after 50 years of hatchery supplementation, despite efforts to protect and restore habitat, we’ve ended up with a faltering, non-viable run! It turns out that ODFW biologists have been deeply concerned about hatchery interaction problems for decades, but only recently, with the CMP, has the Department finally started to address these vexing issues. We appreciate all that ODFW is now doing but think that more is needed. The longer a run remains non-viable, the greater the risk. Now is time to pull out all the stops to ensure our fall chinook’s survival into the future. And so, we must continue to be a voice for these local fish.

Native Plant Notes, by Teresa Bird

Triantha occidentalis (Western false asphodel) – a fairly common plant that’s been hiding a specialized skill

If you enjoy hiking in higher elevation, serpentine areas, you’ve likely seen this lovely member of the lily family already. It’s common in darlingtonia bogs and wet meadows or seeps, and can be recognized by its fairly large, flat leaves, and cluster of either small six-tepaled* white flowers or bright red fruits, depending on the time of year. If you think you’ve found it but are unsure, reach out and press the stem beneath your fingers. If it’s sticky, you’ve probably got the right plant! The “false asphodel” is often seen coated with small insects ensnared on the stem’s tiny sticky hairs.

It is this characteristic that researchers from the University of British Columbia and the University of Wisconsin-Madison recently decided to investigate further. In a carefully designed study involving fruit flies, they found that Triantha occidentalis gets more than half of its nitrogen from prey! The sticky hairs on the stem not only trap small insects, they produce a digestive enzyme that allows the plant to absorb nutrients from its prey, similar to many other carnivorous plants. This is an amazing adaptation that likely allows the Triantha to thrive in areas with nutrient-poor soils, like serpentine.

At first, it could seem like a poor choice for pollination (and therefore reproductive) success for a plant to trap insects so close to its flower. But the researchers believe the small hairs are only sticky enough to trap very small insects, allowing larger and stronger insects like bumblebees to escape carnivory and pollinate the plant.

The recent discovery of the carnivory habit of this species, which was first described by botanists almost 150 years ago, reminds us how many amazing things are yet to be discovered about the plants in our Northwest wildlands! I recently saw Triantha growing in a Darlingtonia seep right along Hunter Creek Road – keep your eyes out for it next time you’re up that way (and don’t forget to check out what kinds of insects it’s eating). Happy botanizing!

*“Tepals” refers to the outer part of a flower, including petals and sepals together, when there is no clear distinction between the two

Conservation News, Summer 2020

Port Orford Dark Sky lighting

On Tuesday August 11 at 3:30pm, the Port Orford Planning Commission (PC) will have its final hearing on the city’s new outdoor lighting ordinance. Last year, the City Council directed the Commission to update the old ordinance to reflect new advances in lighting technology (eg. LEDs) and to tighten language to make it more enforceable. KAS has attended monthly meetings over the past year as the PC has worked to upgrade the ordinance, drawing upon municipal ordinances from other small towns. Once the ordinance is passed at the official hearing in August, it will be referred to the City Council. 

It will be helpful for KAS members and other citizens in Port Orford to participate in the PC meeting, probably via zoom, and even more important, in the subsequent City Council meetings to voice support for the new ordinance. I will let everyone know more via our HOOT OUT about meeting call-in information when it becomes available. 

As long-time members know, Kalmiopsis Audubon, under the leadership of board member Al Geiser, has been involved for more than two decades in efforts to conserve the dark night sky in Port Orford—from installing “night caps” to getting the first “dark sky” ordinance passed. The gist is that light fixtures need to be pointed down to reduce light trespass (onto neighbor’s property) and also to avoid pink sky glare. Bright light at night can be harmful to human health, can be disruptive to birds and wildlife, and diminish the beauty of the night sky and our ability to enjoy sights like the recent Neowise Comet. Please talk to your neighbors and friends about the value of conserving the night sky and the benefits of a sensible lighting ordinance. For more background, see: www.kalmiopsisaudubon.org/dark-sky

Jordan Cove project update

In the last Petrel, we reported that the Federal Energy Regulatory Commission (FERC), had approved the Jordan Cove LNG facility and pipeline, despite the fact that the Canadian company Pembina, had not yet qualified for state permits needed to move forward. Shortly thereafter, landowners whose property would be condemned by eminent domain for pipeline construction—plus community groups, conservation groups, and tribes—filed lawsuits against the decision. In mid-June, the state of Oregon submitted its own petition to challenge the project since the FERC seemed intent to totally preempt the state’s critical roles in permitting under the Clean Water Act and the Coastal Zone Management Act.

In early July, around the same time that several other large energy pipelines were struck down by court decisions (Dakota Access and Keystone XL) or cancelled owing to the declining market for natural gas (Atlantic Coast), the Trump administration went ahead and approved gas exports from the Jordan Cove facility, further signaling disdain for state environmental laws and its intent to keep pushing oil and gas production, despite mounting scientific concerns about fossil fuels damaging our climate and a marked downturn in the natural gas market. 

Our organization has long opposed this proposal because of its promotion of fossil fuels at a time of climate crisis, condemnations of private property owned by rural landowners, hundreds of pipeline crossings of our fine southern Oregon rivers and tributaries, infringement on irreplaceable forest and estuary habitat for birds, fish, and wildlife, and threats to public safety, water quality, and commercial and sport fisheries. We’ve helped at the local level, with our members showing up at hearings in Coos Bay. [Breaking news is that Oregon’s Land Use Board of Appeals (LUBA) has just denied Pembina a key local land use permit, too.] At this point, the fate of the pipeline will lie mostly in the hands of the federal courts, but Governor Kate Brown will continue to play an important role to make sure state laws are followed.

ACTION ITEM: Please thank Oregon Governor Kate Brown for her leadership thus far. Make a quick phone call (503) 378-4582); make a comment via her email portal; or send a note with a message like this: Dear Governor Brown, Thank you for challenging FERC’s approval of the Jordan Cove LNG facility and pipeline and for voicing your commitment to make sure all state laws are followed. I appreciate your standing up for citizens of Oregon. (personalize or add reasons!) Snail mail address: Governor Kate Brown, 900 Court Street NE, Suite 254, Salem, OR 97301-4047.

Floras Lake exchange update

In early June, I attended a Curry Board of Commissioners (BOC) meeting (with a mask!), aiming to keep the Floras Lake Land exchange on track. As stipulated by the land swap agreement finalized by the BOC last fall, the county must vacate the roads and right of ways in its parcel. Yet again, there was a delay, this time owing to a disagreement between the county assessor and attorney over the format of the order. Ultimately, two weeks later, the BOC passed the final order unanimously. However, around the same time, Oregon State Parks announced massive staffing cuts owing to a huge budget shortfall related to the pandemic reducing revenues from camping and lottery. Despite pandemic and budgetary chaos, we’ll need to make sure the final steps of the exchange are completed to close the deal before the agreement expires at year’s end. 

A Tragedy in Progress: Elk River Chinook update

Over the past several years, we’ve tracked the troubling situation with the wild (also called natural origin) Elk River fall Chinook. In 2013, we were shocked when ODFW determined that wild Elk River fall chinook run was the only non-viable chinook run on the entire coast and that our fish had an alarmingly high risk of extinction (16.9 %). Owing to questions about older data used in the 2013 population viability analysis, ODFW recently completed a new one, with far more alarming results. According to the new population viability analysis, Elk River fall Chinook have a 97 percent risk of extinction over the next one hundred years, under the most likely scenario, with current climate and fishing conditions.

This situation is utterly tragic because the Elk River has been renowned for its salmon habitat, with a highly intact forested watershed that Jim Rogers and so many of us have worked hard to protect, plus an undeveloped mouth (though there is a lack of adequate summer rearing habitat in the lower river), and positive restoration efforts underway for coho that will also benefit chinook. Most all other fall chinook runs up and down the coast have extinction risks less than 5%, typically considered the threshold for concern.

What’s gone so wrong at Elk River? A key problem is hatchery interactions. Because the local hatchery has pumped so many smolts into our small river over the past 50 years (>325k annually until a few years ago, and upwards of 500k in decades past), there has been too much interbreeding between wild and domesticated hatchery fish. Because too many hatchery fish are not caught and do not return into the hatchery, the unfortunate outcome is that natural- origin fish now have depressed productivity.

Wild fish that have returned to Elk River for hundreds of thousands of years are adapted to river conditions. Hatchery fish are adapted best for life in a hatchery through epigenetic changes (also called domestication), but when they interbreed with wild fish, the result is offspring that are less fit and less productive. Imagine breeding chihuahuas with wolves—the outcome would be offspring less capable of surviving in the wild. 

Since 2013, ODFW has taken some actions to try to reduce the crisis of interbreeding of wild and hatchery salmon. Aiming to reduce the number of hatchery fish spawning in the wild, ODFW reduced smolt output by 50k, and fixed the hatchery pump and fish ladders. These actions have slightly improved the situation. In addition, the Oregon Hatchery Research Center has been studying the strategy of adding a special scent to hatchery water during incubation with hopes of better drawing returning fish back into the hatchery. After many years of study, 2020 was the first year the new scent was added to chinook incubation water; we’ll not really know how well it works for another 3 to 7 years.

But ODFW’s new population viability analysis indicating up to a 97 percent risk of extinction for fall Chinook in Elk River raises serious alarm bells. How much longer do we wait to see what happens—especially since questions have been raised about this problem since at least 2005? The 2013 Coastal Multi-Species Management Plan stipulated that ODFW must revisit the situation with Elk River chinook in 2021. 

The Elk River hatchery was built not to mitigate for lost habitat but as a way to “enhance” sport fishing. That was back in 1969 when people were unaware of the insidious risks that hatcheries posed to wild fish runs. Instead of enhancing our sport fish run, it appears this very oversized hatchery program is now putting our local wild chinook run into a dangerously unsustainable position. This is not theoretical. Over the past few years, with poor ocean conditions, there have been years with extremely poor returns of hatchery fish, years with no bubble fishery for Chinook off the river’s mouth, and this year there will no longer be retention of wild fish for sport anglers. 

To build ecosystem resilience in the face of climate change—or even earthquakes—we need for our fall Chinook to be able to evolve with changing conditions, and the locally adapted native Elk River fish will be far better suited to that task than their domesticated hatchery cousins. Ultimately, to conserve our locally adapted fish into the future, we will need to reduce the smolt output and right-size the hatchery program for our small river. Stay tuned. 

Calling for more Wild and Scenic Rivers

Last fall, Senator Ron Wyden put out a call to citizens throughout the state to nominate more Oregon rivers to be designated in the National Wild and Scenic Rivers system. In response, Kalmiopsis Audubon nominated a number of important tributaries to our local rivers. Wild and Scenic designation most notably prohibits dams, but it also affords greater protection through the requirement that public land agencies plan and manage to conserve the rivers’ “outstandingly remarkable values.” To follow up on our advocacy for the Southwest Oregon Mineral Withdrawal, we nominated public land tributaries of Hunter Creek and Pistol River and the North Fork Smith. We also nominated some outstanding tributaries of the lower Rogue, the Sixes, and the Chetco. 

As long time KAS members know, our region currently has one of the highest concentrations of wild and scenic rivers in America—and the designations have helped to conserve water quality, fish habitat, ecological values, and recreational opportunities in our public lands. Senator Wyden’s wild rivers initiative has understandably been delayed owing to the pandemic and its economic fallout, but we expect the Senator will press forward with this project as soon as he can. We are also hope he’ll continue his efforts to make the Southwest Oregon Mineral Withdrawal permanent. 

ACTION ITEM: To help, please call (202) 224-5244/ (541) 858-5122 —or send Senator Wyden a short note (via his website portal) with this message: Thanks for your efforts to advance the Southwest Oregon Mineral withdrawal legislation and to protect more Wild and Scenic Rivers in Southwest Oregon (you can add in your favorites and otherwise personalize!). 

ODFW proposes and drops new Rogue River Bear hunt

In mid-July, ODFW announced a proposal for a new black bear hunt in the Wild and Scenic Rogue River canyon—the one place in Oregon where it’s been off limits since 1965. A week later the proposal was dropped owing to strong public opposition. 

The agency’s primary aim was to address an issue with so-called “problem bears” that have become habituated to human foods, improperly stored by campers who hike and raft in the Wild & Scenic Rogue River canyon. Black bears generally mind their own business and have ample wild foods to eat (except for in some drought years), but periodically, managing bears in the Rogue canyon has been a challenge. In years past, some lodges and campers backpacking and rafting the river neglected to take sufficient care with food and trash storage, with the unfortunate effect of drawing in bears. There is an old truism: a fed bear is a dead bear. 

About 20 years ago, citizen groups and public land and wildlife agencies pulled together and came up with a partial solution: for river campers to use mini-electric fences to store food at campsites known for bear problems. This approach worked relatively well for many years, but owing to a delay in putting out the food storage fences last year, there was a season of especially troubling interactions between campers and bears. ODFW and public land agencies have also tried to educate campers about proper food storage, but there is no requirement, or even a recommendation, for hikers or boaters to use bear proof storage containers, as required in so many other wilderness areas with high bear activity.

The good news is that this year, fences went in early and problems have lessened, but it remains critically important that Rogue River campers and hikers take personal responsibility to store their food and trash properly—and for ODFW and public lands agencies to redouble their efforts to educate the public about proper food and trash storage. In many other places where there have been conflicts between people and bears, proper storage of food and trash has been the key to reducing problematic interactions. 

This is critical to recognize in storing food and trash at home, too. Curry Transfer and Recycling (CTR) recently offered new bear-proof trash cans to its customers. They were so popular that CTR is already out of stock! The containers have a special lock that is automatically opened when trash is retrieved. If you are interested in getting one of these bear-proof trash cans (also good for wind), call CTR (541-469-2425) and ask to be placed on the waiting list. They expect to get them in again next year. Also, please pay attention to bird feeders and pull them down for a while if you suspect bear activity.

National environmental rollbacks, finally coming to fruition

Those who follow national environmental news know that the current Administration has been on a determined path to rollback many laws intended to safeguard public health, wildlife, and nature. Unfortunately, in mid-July, the Trump Administration finalized rules to weaken the most fundamental law, the National Environmental Policy Act, known by its acronym NEPA. For fifty years, NEPA has required that federal agencies consider environmental consequences, and alternatives, before they take actions. The law also provides for transparency in federal decision making and public input from citizens. From local experience, we know public input is critically important because sometimes agency staffers (which come and go) lack crucial knowledge or perspective or are subject to political pressures. 

The new rule gives federal agencies broad discretion to exempt certain projects from NEPA and to avoid consideration of cumulative and indirect impacts, though the law’s statutory language requires such consideration. What this means locally is yet to be seen. The Forest Service may start to fast track projects through the new streamlined regulatory process. Though the rule change will purportedly fast-track approvals for pipelines, mines, logging, and oil drilling, it will no doubt be litigated, which may well lead to more delays. 

Migratory Bird Treaty Act rollback proceeding apace

The Trump Administration has also targeted an even more longstanding bedrock conservation law. The Migratory Bird Treaty Act (MBTA) has been in effect since 1918, when leaders in the U.S. and Canada recognized the important value of migratory birds to the economies and enjoyment of all citizens. Treaty protection was soon expanded to include Mexico, Japan, and Russia. For a century, the threat of MBTA prosecution had served to deter those who would harm birds. 

That changed in 2018 when the Trump Administration decided to “celebrate” the 100th anniversary of this critical law by issuing a new legal opinion that effectively gutted it. Under this new interpretation, the MBTA forbids only intentional killing, such as hunting without a permit, and no longer applies to industries that inadvertently kill a whole lot of birds, such as the oil and gas industry (with their toxic wastewater pits and oil spills), communications and wind power (with their towers), and fishing (with long lines). To be clear, many of these industries, to comply with the MBTA, had already adopted bird friendly practices that have no doubt saved the lives of millions of birds. In addition, financial penalties imposed under the MBTA have helped recover species harmed by reckless negligence, such as the Exxon Valdez and Deepwater Horizon oil spills.

In response to the Trump Administration’s rollback of the MBTA, a bi-partisan group of former wildlife officials from previous presidential administrations (going back to Nixon) sent a letter strongly urging reinstatement of traditional rules. Shortly thereafter, a bipartisan group of Congress members, led by California Rep. Alan Lowenthal introduced a bill to close the loophole and restore the Migratory Bird Treaty Act. Our Congressman, Peter DeFazio, was one of the original co-sponsors of this bill, H.R. 5552. In March, a group of 23 Senators, including Senators Wyden and Merkley, sent a letter, strongly urging the Secretary of the Interior to reconsider the Administration’s decision, calling it “the most significant rollback of migratory bird protections in our nation’s history.” 

Nevertheless, the Trump Administration has pressed ahead. KAS recently joined with other Audubon chapters in Oregon (and across America), to comment on a Draft Environmental Impact Statement (DEIS) to oppose the damaging rule change. 

So far, HR 5552 has moved ahead with a markup in the House Natural Resources Committee, but it has not yet been referred for a full House vote. Honestly, the bill has little chance of passage with the current political configuration, but it’s heartening to know that our elected officials are fighting to keep the MBTA intact. It’s important that they know we care and appreciate their efforts to stand up against rollbacks to environmental protection laws. 

ACTION ITEM: Please give our federal elected officials a call (or send an email via their website portals) to thank them for standing up against rollbacks to the Migratory Bird Treaty Act, the National Environmental Policy Act (NEPA), and other bedrock environmental protection laws. 

Rep. DeFazio (202)-225-6416/541-269-2609

Sen. Merkley: (202) 224-3753/541-608-9102

Sen. Wyden: (202) 224-5244/ 541-858-5122

Cormorants under siege again

In tandem with rolling back the Migratory Bird Treaty Act, the Trump Administration has also pursued a new rule that specifically targets Double Crested Cormorants, one of the most persecuted birds in the United States. The new rule would allow killing of more than 120,000 birds each year. Based on current estimates, this could potentially result in the annual killing of up to 14% of the national population and represents nearly a 140% increase over the average annual take between 2007 and 2018. The rule would also turn over jurisdiction for management of these birds over to state wildlife agencies.

The U.S. Fish and Wildlife Service (FWS) already has a poor record of protecting this species. You may recall that the agency permitted killing nearly 11,000 cormorants and destroying more than 28,000 nests at in the Columbia River Estuary, resulting in the complete collapse of this colony, which represented 40% of the entire Double-crested Cormorant population west of the Rocky Mountains.

However, we are concerned that turning over cormorant management to states with such high ceilings for lethal take could be far worse. State agencies are already strapped for funds to manage non-game species, and we know that ODFW managers are frequently pressured by fishermen to kill or haze cormorants in order to reduce competition for fish. KAS joined other Audubon chapters in Oregon and around the U.S. to submit comments opposing this overreaching proposal that flies in the face of 100 years of federal bird protection policy. 

Help Monitor for Aerial Spraying on the Curry County Coast!

For the last few years, KAS has been helping our community to better understand and find out about aerial herbicide spraying on timberlands. You may have already heard that the Oregon Department of Forestry (ODF) has an online notification system called FERNS, which will send emails to notify subscribers about pending chemical applications in particular areas. Our goal is to recruit KAS members who can use FERNS to help us monitor sprays in all the watersheds on the Curry County coastline. Basically, all you need to do is sign up and start paying attention. We are looking for volunteers who can cover watersheds north of Elk River (eg Floras Creek, Sixes River), South of Hubbard’s Creek to Gold Beach (eg Euchre Creek, Lobster Creek), and in the Brookings area (we just got some great volunteers to monitor Hunter Creek and Pistol River – thank you!!). Having better information about aerial spraying in our communities can help us advocate for better practices, and it can enable you to better protect your and your neighbors’ health and wellbeing. If you are interested to help, please contact Teresa Bird: teresa@kalmiopsisaudubon@org.

BOC Meeting on Floras Lake Land Swap!

The Curry Board of Commissioners will be having a special workshop on this WEDNESDAY, April 17 at 2pm to discuss the proposed Floras Lake land swap with Oregon Parks and Recreation Department. It would be very helpful to have supporters there to remind them of the strong public support for the swap.

As you may recall, at the last public meeting in mid-March, the BOC put off making its decision on the land swap until June 5. Since them Commissioner Paasch asked some citizens –why not just put in a road and sell off the entire parcel? We sent a well-reasoned letter reply to him and the other commissioners. Here it is again: https://drive.google.com/file/d/1BebwFgXjKL6UQAeneumGX8gyMuFIGYpn/view?usp=sharing
Since then OPRD has also sent a new letter to the BOC (in the meeting packet, Item 4c): https://drive.google.com/file/d/1nirjAcI0pRoPWA2B7CND8j7auXqmG2Ij/view?usp=sharing

This deal is getting close to sinking or soaring, and so we’d like to help make it soar! If you can come, there will be an opportunity to make a brief statement of support at the outset (remember to fill out a speakers’ form when you arrive), but just having a supportive crew present, even if you don’t wish to speak, will be helpful. I hope that some of you can help with this last-minute item! (Please let me know if you can make it, if you want to carpool, or if you have any questions).
Hopefully, if different people can take turns and we can share the load with this issue, we can make it happen! I expect we’ll need a crew to show up again on June 5. 

Other issues at this week’s workshop include considering the County Parks Department starting a County-run campground on Social Security Bar on the Chetco R. and taking over management of the Forest Service’s Elk River campgrounds. For the full workshop packet, go to https://drive.google.com/drive/folders/1_OVwEDdOINWqTS05H0s_LuqKnRJOFOO9

-Ann Vileisis, President