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Summer 2021 Conservation News

by Ann Vileisis

Marbled Murrelet uplisted to endangered

On July 9, the Oregon Fish and Wildlife Commission (OFWC) voted 4 to 3 to uplist the marbled murrelet (MAMU) from “threatened” to “endangered” on the state endangered species list. It’s odd to cheer the listing a bird as “endangered,” but in this case, we are hopeful that the decision can provide a new framework that may truly help this little seabird to rebound.

Marbled murrelets are small dark seabirds that come ashore to nest on mossy limbs of big old growth trees in forests along Oregon’s coast. They were devastated by the clearcut logging of the vast majority of their nesting habitat, and are now impacted by continued habitat fragmentation and warming ocean conditions that affect the fish they eat. Survival of MAMU in Oregon requires protection of existing old-growth nesting habitat until surrounding forests grow large enough once again to provide sufficient habitat to support nesting of more birds. 


You may remember a similar vote by the OFWC three years ago that was subsequently reversed in response to timber industry pressure. Environmental groups cried foul, and sued. A judge ultimately agreed with their assessment of the illegal public process and directed the OFWC to take up the issue with a de novo hearing.

This time, Oregon Department of Fish and Wildlife (ODFW) staff recommended against uplisting, citing a small (2%) uptick in murrelets counted in recent at-sea surveys, an increase in habitat (mostly marginal) since 1995, and the fact that the U.S. Fish and Wildlife Service (during the Trump Administration) had not uplisted MAMU. But seabird scientists provided new research indicating that birds at sea forego nesting for many years in a row if ocean conditions are poor, and that there was really no way to know if birds counted at sea were actually Oregon nesters. Predictably, a lineup of timber industry groups opposed the uplisting while all the seabird scientists and bird advocacy groups supported. As the Commissioners took in all the testimony and then discussed the issue through a marathon 8.5-hour meeting, it became clear that a majority thought it was time to take stronger action to protect this vulnerable bird.

With the uplisting, the Commission also voted to approve survival guidelines developed by ODFW staff that will clarify and help strengthen protections for remaining murrelet habitat in state-owned forests in the Coast Range, which contain a significant amount of the murrelets’ remaining nesting habitat. The guidelines will influence how other state agencies, such as State Parks, Oregon Department of Forestry, and Department of State Lands, address land management actions that may detrimentally impact MAMU habitat. The agencies are now required to develop endangered species management plans and submit to the Commission for approval within 18 months.

Teresa Bird, who has been leading KAS murrelet advocacy efforts, testified eloquently and persuasively on behalf of KAS at the ODFW hearing in favor of the uplisting. Teresa, who has done both at sea and in forest monitoring for marbled murrelets, has come to know the science of these mysterious little seabirds and was able to point out flaws in opposition arguments and also to convey some of her personal experiences. I am proud to say that KAS members have worked to protect marbled murrelet habitat in our forests since the founding of our organization. Thanks to all who sent letters to the OFWC in support of our MAMU! And if anyone wants a chance to perhaps see a marbled murrelet, please contact Teresa about this year’s community murrelet survey up Elk River, coming up on July 31.  

Port Orford outdoor lighting ordinance passed!

I am pleased to report that the Port Orford City Council unanimously passed an upgraded version outdoor lighting ordinance at its July 15 meeting, after an extensive process of research and public meetings by the Port Orford Planning Commission. The upgrade was needed to address many changes in lighting technology that have occurred since the dark sky ordinance was first passed in 2005. Some highlights include the requirement for warm colored lighting (< 2700 kelvins), dark-sky compliant street lights on Highway 101, and stronger enforcement provisions. We’ll post the upgraded ordinance on our website when it becomes available. 

KAS has been engaged in projects to protect the beautiful starry sky over the city of Port Orford from light pollution for more than 20 years, beginning with getting the goal into our city comprehensive plan. Then for many years, KAS board member Al Geiser worked together with Coos Curry Electric Coop to install “night caps” to focus the bright light of street and yard lights down to the ground. KAS worked to pass the original ordinance in 2005. And with this recent upgrade effort, KAS has attended every single meeting pressing to get the ordinance right and across the finish line.

I want to thank everyone who has helped by attending meetings through the long process and  several individuals who played particularly helpful roles: former Planning Commission Chair Kevin McHugh (and retired electrical engineer) spearheaded the effort to upgrade of the ordinance, conducting a tremendous amount of research and bringing considerable expertise to bear; Steve Lawton helped us to collaborate with ODOT and CCEC regarding light fixtures on Highway 101; star- (and bird-) photographer Rowly Willis attended countless meetings and shared his knowledge of illumination. In the end, Planning Commissioner Greg Thelan took a special interest in making the ordinance work well, and we are grateful to all current planning Commission members and to City Council members for passing the new outdoor lighting ordinance. Please thank Port Orford’s City Council members for passing the lighting ordinance by sending them a thank you note. (email contacts: pcox@portorford.org, claroche@portorford.org, gburns@portorford.org, jgarratt@portorford.org, tpogwizd@portorford.org, lkessler@portorford.org, gtidey@portorford.org)

Finally, I am delighted to share that long time Dark Sky supporter and local, Port Orford musician Steve Montana was so inspired by our town’s beautiful starry skies that he wrote fun and moving lyrics to an old song to help inspire our effort. You can see his truly stellar performance on our brand new KAS Youtube channel. Google “Kalmiopsis Audubon, Dark Skies, Youtube,” and you’ll find it. The stunning starry background photo is by KAS member Rowly Willis. We encourage our social media-savvy members to help share this fun little music video widely to help inspire compliance. We plan to do some more community education in the fall.

River Democracy Act

Last year, Senator Wyden asked Oregonians to nominate their favorite rivers for Wild and Scenic designation. More than 2,000 people responded to the call with 15,000 nominations, and earlier this year, he and Senator Merkley introduced the River Democracy Act, which would designate more than 4,500 miles of rivers, including many in our Kalmiopsis-Wild Rivers coast region. In early July, Senator Wyden advanced the bill with a hearing in the Senate Energy and Natural Resources subcommittee, a key step in legislative process.

Some important local streams in the bill include tributaries to the Wild and Scenic Illinois, Rogue, Chetco, and North Fork Smith Rivers, plus the streams in the Sixes, Pistol River, Hunter Creek, and Winchuck basins. The bill would direct federal agencies to “protect and enhance” each river’s outstanding values and would explicitly protect designated river corridors from damming and mining. The bill allows for fire-risk reduction and management that is in alignment with protecting outstanding values (called “outstandingly remarkable values” by the Wild and Scenic Rivers Act). With rising concern about drought, the importance of protecting our rivers has come into particularly sharp relief!

The Pacific Rivers Council produced a short video that highlights some of the rivers to be protected by the new bill that you can see here: http://vimeo.com/534234263

If you’ve not yet done so, please contact Senators Wyden and Merkley to thank them for advancing the River Democracy Act in the Senate and while you’re at it, please also encourage them to advance the Southwestern Oregon Watershed and Salmon Protection Act (SOWSPA). You can send a comment on their websites, or make a call: Sen. Wyden: (202) 224-5244/ (541) 858-5122/ Sen. Merkley: (202) 224-3753/541-608-9102

Here’s a sample of what you might say or write:

Thank you for introducing the River Democracy Act. I appreciate your listening to Oregonians and working to better protecting the rivers that flow through our federal public lands. In Southwest Oregon, we have some rivers that need special protection from the threat of strip mining at their headwaters, and so I hope you’ll also continue to advance the Southwestern Oregon Watershed and Salmon Protection Act (SOWSPA), which was passed by the U.S. House of Representatives earlier this year.

Remember, it’s always good to add something personal —by tucking in a sentence about how you appreciate the natural values of rivers, getting outdoors, birds, fish or fishing. Conserving our rivers is essential because rivers are literally the lifelines of our landscapes!

Also, Senator Wyden may be coming to Curry County for an in-person town hall meeting in late summer, and if he does, it will be important for people to show up—in person— to thank him for his leadership in protecting our rivers. Sign up for the KAS HOOT OUT for news about opportunities to make a difference for conservation.

Floating offshore wind

With the Bureau of Ocean Energy Management’s (BOEM) public process for leasing offshore areas for development of wind energy on the horizon for the end of the year, I’ve continued to research how these industrial, floating turbine installations might impact our region’s birds, fish, and wildlife so we’ll be ready to provide informed and constructive input.


Here are some things I’ve learned thus far. Proponents think that locating turbines ~20 miles out will minimize conflicts with fishermen and wildlife, but it’s important to note that this offshore zone is not empty. The continental shelf gradually slopes down from the coast, and then— between 25 to 30 miles out—drops from 3,000 to 10,000 feet deep. At the shelf break, cold, nutrient rich waters rise from the deep, creating a particularly rich zone of life that attracts larger fishes and birds. Off Oregon’s coast, upwelling coupled with distinctive bathymetry and oceanographic conditions in the vicinity of the Columbia River mouth, Heceta Bank, and Cape Blanco are thought to make for particularly rich zones.

Birds known to use the upwelling zone include albatrosses, shearwaters, and fulmars—known as the dynamic soaring seabirds—which come from all around the Pacific to forage. Most of these pelagic birds never come to land except to breed, and each has a fascinating life history. For example, the endangered Short-tailed Albatross now breeds on only two islands in northern Japan. Parents raise one chick each year, and it is thought that 2- to 3-year-old birds come to feed off Oregon’s coast. Decimated by market hunters to the point of near extinction in the early 20th century, the birds have had a difficult time rebounding owing to their very small population size and limited breeding grounds. Plastics pollution, marine contamination, and long-line fishing are also considered to be threats to their recovery. 

To help minimize impacts to birds like albatrosses, wind energy researchers have been studying the idea of installing enormous-sized turbines—800-1,000 feet tall—so that dangerous rotor-swept areas will be 400-500 feet above the ocean’s surface and so that arrays might contain fewer, larger turbines. (For perspective, wind turbines you may have seen in the Columbia Gorge or in southern California are 300 to 400 ft tall!) To reduce impacts to birds and marine mammals, the turbines will need to be arranged in arrays small enough or widely-spaced enough, that north-migrating species can either avoid or go around. The noise, electromagnetism, cables, structures may displace some species entirely, while the structures may also attract forage fish and draw some species into the arrays. 

Finally, for offshore wind energy development to be economic, locations for turbine arrays will likely need to be close enough to link up to major electric grid infrastructure—such as near Coos Bay, which has a major tie-in to BPA power lines. However, stronger winds to the south may prompt wind prospectors to consider farther-afield turbine locations that could be linked by undersea cables. There is still quite a lot of uncertainty on many fronts —and a lot more to learn. Stay tuned!

Wild horses, again!

In early June, Commissioner Boice reprised his proposal to relocate wild horses from over-populated eastern Oregon’s BLM range lands to the rugged terrain of the Kalmiopsis Wilderness. He’d invited his friend, a zealous proponent of using horses to reduce fire risks in wilderness areas, to come and give a presentation to the Curry Board of Commissioners (BOC). Long-time KAS members will remember that Mr. Boice brought this misguided proposal to the BOC back in 2017, and after a series of meetings, at which KAS members and others testified persuasively against it, the Curry BOC voted 3 to 2 to not pursue it any further.

It was a bad idea then, and it remains a bad idea now, so I sent in a letter from KAS and asked KAS members who had provided persuasive testimony in the past to send in letters again. I am proud to say our membership includes people with a lot of diverse expertise to address this issue—from wildlife and rangeland management, to direct experience with horses’ behavior and of the animals’ impacts, to knowledge of the Kalmiopsis Wilderness and its botany, of the wild horse laws and of public lands laws, and more.

Commissioner Boice moved the presentation to a later date, but KAS Board member Tim Palmer went down to the BOC meeting anyway and urged Boice and his fellow commissioners to just drop the misguided proposal. Marisu Terry also spoke against. At that point, Commissioner Paasch let it be known that Boice’s horse-expert friend had sent an email to the BOC deriding and insulting Curry County citizens who had already submitted letters, and so he recommended against allowing the presentation. (We later obtained a copy of the email, which indicated that the expert did not want to come to talk to a bunch of “ignorant” Curry County citizens.) Paasch, a long-time horse owner, explained that uncontrolled wild horses would likely end up becoming a problem on private lands, echoing one of the many concerns we had raised.

To be clear, this proposal would not even be legal owing to laws protecting wild horses and wilderness, which is managed by the U.S. Forest Service, but in this age of ill-informed ideas taking root, we’ve felt that it was critically important to provide substantial information to counter the proposal. Mr. Boice’s intention was positive—to reduce wildfire risks, but we think there are far better ways for our county to do that—foremost by helping to better educate citizens about fire risks, and to encourage managing vegetation close to houses to create defensible spaces and hardening of homes to withstand fire. In the end, Commissioner Boice decided to drop the horse proposal. Thanks to all who helped with this one!

Honey Bear campground expansion

In April, new Las Vegas-based owner of the Honey Bear Campground in Nesika Beach—Dacia RV Adventures LLC—proposed a significant expansion of the RV park to 162 campsites. Apparently, the previous, locally-based owner had made unauthorized expansions of both RV and tent sites beyond the approved 65 RV and 5 tent campsites. The new owner, which also owns RV parks in Florida, Texas, and Oklahoma, sought both to bring past expansions into compliance (with proper sewer and water capacity) and to expand even further. KAS submitted comments about the need to keep campsites and parking areas out of wetlands, to properly manage stormwater to avoid impacts to Greggs Creek, and also to support dark-sky compliant illumination proposed by the new owner. Neighbors raised questions about traffic and proximity of such a dense, commercial development in their rural neighborhood, but because campgrounds are “conditional uses” for the property’s “commercial rural zone,” there was little that could be done. Ultimately, the Planning Commission approved the campground expansion with a set of 15 conditions, including ones related to protection of wetlands, riparian zones, and dark skies.

34-acres in Langlois

Curry County Roadmaster Richard Christensen has proposed to use the 34-acre County-owned land at the intersection of Airport Rd and Highway 101 in Langlois for a much-needed, clean-fill disposal area –a place to store materials in the event of landslides. This is the 34-acres that Oregon Parks traded to the county as part of the Floras Lake land swap, and the need for a clean fill storage area in north county was identified in the Road Department’s 2021 strategic plan.

Recognizing that the County seeks to now put this land to some useful purpose, at a BOC workshop on this matter held on July 7, KAS Board member Tim Palmer suggested that, with good planning, the densely forested land—with one parcel north and one south of Airport Rd—might accommodate the needs of the road department while also allowing for some other uses, such as trails and possibly educational uses in association with Pacific High School (right across the street). He recommended that the road department use the northern parcel, leaving the southern parcel, which has larger trees and more wetlands, for other purposes. He underscored the need for a wide scenic forest buffer all along Highway 101 and that clearing the land unnecessarily would allow gorse to take hold. As part of the discussion, Economic Development Director Summer Matteson also proposed the idea of a “canopy project” that might capitalize on the land’s sizable trees (all are third growth). The Commissioners directed Planner Becky Crockett to work with the road master to develop a more specific site plan proposal.

New Strain of Sudden Oak Death found near Port Orford

In May, sudden oak death (SOD) was found at a new site north of Port Orford along Highway 101 and also in the general vicinity of Arizona St. on the west side of the Highway 101. SOD is a non-native pathogen (Phytophthora ramorum), spread in part by spores carried by air currents. It has been decimating tanoaks and infests other shrubs, including rhododendrons, at a number of locations in the South County. This detection is over 20 miles north of the last known detection, which was just north of the Rogue River near Lobster Creek.

At this point, the Oregon Department of Forestry (ODF) has sampled about 151 trees and has found 107 positives. The results indicate a new strain—called the NA2, which up to this point has only been found in nurseries. ODF is still sampling in the area and are actively contacting landowners for permission to inspect properties where they suspect dying tanoaks. A helicopter flight has been done by an ODF aerial survey specialist with a number of trees marked for follow up ground visits. The SOD program is also starting to obtain permissions for “treatments,” which means cutting, piling, and carefully burning trees. Meanwhile, the Oregon Department of Agriculture has instituted an emergency quarantine in the area within 3 miles of the infected trees. (See: https://blogs.oregonstate.edu/suddenoakdeathworkshops/) If anyone in the Port Orford area has tanoaks, myrtles, azaleas, or rhododendrons that appear to be dying, please contact Randy or Casara at the Oregon Department of Forestry’s Sudden Oak Death program so your trees can be evaluated: Casara Nichols, (541) 435-5031, Casara.C.Nichols@oregon.gov, Randy Wiese, (541) 294-8425, Randall.S.WIESE@oregon.gov

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Conservation News

By Ann Vileisis, from January 2021 Storm Petrel

Floras Lake Land Swap Complete

I am pleased to report that the Floras Lake land exchange was finalized just before the 2020 year-end deadline, so it’s now official! We succeeded in adding 90 acres to the magnificent Floras Lake State Natural Area, including some important lake frontage. The effort to fend off ill-conceived development plans for County-owned lands at Floras Lake has been going on since at least 2005. That year, longstanding KAS members will remember we fended off the first secret deal, and then we did it again in 2015, when two county commissioners proposed a pie- in-the-sky plan to take over part of the state natural area to develop a golf course. I am reminded of the BOC’s images of golf “greens” photoshopped onto scruffy headlands, of the ensuing scandal of county involvement with digging illegal test pits INSIDE the state park, but most of all, of the more than 200 people who showed up at critical OPRD Commission hearings to speak in support of State Parks. OPRD staff and Commission members said it was the largest show of public support for Oregon State Parks ever! 

In 2016, we aimed to turn a new page by pushing for a more proactive effort for the county land at Floras Lake. We urged Curry County to consider a land swap with Oregon State Parks. With the support of then Commissioner David Smith, and then Tom Huxley and Sue Gold, County Planning staff researched options, and then organized a special outreach event in Langlois for community input in 2017. For the past three years, KAS members from throughout Curry County, together with citizens from Langlois, have shown up at key meetings to show overwhelming public support for the land swap. Commissioner Court Boice became an enthusiastic supporter of the swap, reaching out to OPRD to build goodwill; both he and Commissioner Gold made the votes needed to proceed. Though Commissioner Paasch was not in support at the outset, he earned my respect because he put aside his disagreement, supported the direction of the Board, and subsequently voted to get the job done.

But the devil is always in the details, so we waited and waited for the roads to be vacated and the parcels to be partitioned. With Covid-19, county staff attentions were understandably directed elsewhere, while State Parks saw its budget deeply slashed, with many staff members laid off. Nevertheless, we persisted with friendly reminders, attending BOC meetings, and saw the deal to its completion. Of course, the county still owns ~400 acres at Floras Lake –so we’ll need to keep vigilant (and, at some point, begin work on “Phase 2”); but with this swap, we’ve hopefully turned a critical corner. Also, the final exchange agreement does have a reversion clause dependent on trail planning work –so that is another detail we’ll need to watch.

I am proud that KAS has defended Floras Lake and the special lands between the lake and Blacklock Point, and post-covid, I am still hoping we can celebrate this success!

Please consider sending a note of thanks to our Curry County Commissioners for their leadership in conserving beautiful Floras Lake. Here is a sample note—you can add a personalized touch at the end. 

Dear Commissioners, 

I was glad to learn that Curry County recently finalized the Floras Lake land swap with Oregon State Parks. Thank you for your forward-looking leadership in conserving beautiful Floras Lake through your support for this exchange. 

Send a thank you note via snail mail to: Curry County Commissioners, 94235 Moore Street, Gold Beach, OR 97444. Or email them (Chris Paasch, Court Boice, and former commissioner Sue Gold): PaaschC@co.curry.or.us, boicec@co.curry.or.us, golds@co.curry.or.us, and PLEASE cc John Jezuit jezuitj@co.curry.or.us, who can forward any emails of thanks to former Commissioner Sue Gold. 

A path to protect Port Orford’s drinking water

Last fall, through her work monitoring the Oregon Department of Forestry FERNS website, Teresa Bird noticed a clearcut slated for the North Fork Hubbard Creek, the watershed that supplies the city of Port Orford’s drinking water. She shared that info with Port Orford Watershed Council (POWC) Chair Linda Tarr, who reached out to express concerns to the timber company, which granted 20-ft buffers, not required by law for the small stream. Oregon Forest Practices laws are notoriously inadequate to protect municipal water supplies, and so this agreement from the land owner was some measure of protection that otherwise would not have happened. 

Through this interaction, POWC learned that an even larger, steeper parcel of timberland in the city’s watershed was up for sale and would likely be logged the next year, given the high price of timber. The City’s reservoir has already been heavily silted in by past logging, and the City’s Water Plan recommended finding ways to prevent logging and road building, ideally through city ownership. With that, the POWC set out to find some way to proactively protect the city’s watershed from logging. 

With lots of research and networking, the POWC found the possibility of the Conservation Fund (CF) acting as a bridge buyer; the CF has a special revolving fund to help cities buy their water supply lands. In our December HOOT OUT, we asked Port Orford based KAS members to write letters to City Council, urging them to partner with the CF to purchase this crucial 160 acres of timberland very close to the city’s reservoir, with several tributaries and steep slopes. 

The Council received dozens of supportive letters and voted unanimously to proceed with this proactive effort that will hopefully protect our municipal water supply as well as the forest habitat into the future. The owner agreed to take the land off the market while CF carries out due diligence and an appraisal that are necessary for a successful transaction. There is still much work to be done and funding to find, but there is real reason for optimism that this key piece of forested land might be preserved to protect our drinking water. A huge thanks to Linda Tarr and the POWC for working to find this proactive, protective option, and to all KAS members who pitched in with letters of support. It was so good to see the Port Orford City Council vote for a proactive and protective step instead of repeating the error of past inaction. 

Please thank Port Orford City Council members for taking this proactive, protective step by giving them a call or sending an email. Here is a sample message you can use:

Dear Port Orford City Council members, 

Thank you for your recent vote to partner with the Conservation Fund to purchase forest lands in our city’s watershed, which will help protect our city’s water supply into the future. Many other small coastal cities have seen their watersheds ruined by logging so I am glad to know that our City Council has taken a proactive, protective, and cost-effective approach.  

Email them at: pcox@portorford.org, claroche@portorford.org, gburns@portorford.org, jgarratt@portorford.org, tpogwizd@portorford.org, Lkessler@portorford.org

Please remember, if you are interested to help track clear cuts and aerial spraying on the timber lands in your watershed, please contact Teresa Bird at Teresa@kalmiopsisaudubon.org

Federal Environmental Policy update

Over the past four years, dozens of federal policies protecting public lands, clean water, birds and wildlife were targeted by the Trump Administration. Under the rhetoric of “deregulation,” numerous longstanding environmental rules, as well as opportunities for public input, were cut. Several egregious changes were finalized in just the past few weeks. 

For birds of the Pacific Northwest, some of the most troubling rule changes include evisceration of the Migratory Bird Treaty Act, and then a surprising, last-minute effort to remove protection for over 3 million acres of critical habitat for the Northern Spotted Owl. 

Draft rule changes to weaken the Migratory Bird Treaty Act (MBTA) have been in the pipeline since 2017. In response to an earlier lawsuit filed by National Audubon and other conservation groups, a District Court ruling last summer found that the proposed changes did not align with the intent of the 100+ year-old law. Despite this ruling, the Trump Administration proceeded to finalize regulations that shield industry from fines and prosecution if migratory birds are incidentally rather than intentionally killed. It’s important to note that the MBTA has long served as disincentive for companies to kill large numbers of birds through their operations, such as with oil spills; and damages paid have provided for important mitigation and habitat restoration efforts (such as, locally, with the 1999 New Carissa spill, which killed ~3,000 birds on Oregon’s coast including threatened marbled murrelets). 

Rule changes that remove protection for 3.4 million acres (42%) of critical habitat for the Northern Spotted Owl were finalized by the Trump Administration in mid-January. Just weeks earlier, US Fish & Wildlife Service biologists had released a report indicating that the rapidly declining population of owls warranted uplisting from “threatened” to “endangered”; but despite the urgent need for increased protection, the Trump Administration had decided not to uplist owing to “higher priority actions.” Rather than simply not uplist, the Trump Administration then proceeded to remove 42% percent of owl habitat from protection, citing only “discretion” of the Secretary of the Interior. For nearly 30 years, National Forests (and BLM lands) of the Pacific Northwest have been managed under the Northwest Forest Plan, with specific protections for remaining old growth forests that provide habitat not only for spotted owls but also for other birds, fish, and wildlife –including our region’s iconic salmon. Many biologists regard this new rule as accelerating the owl’s path to extinction. 

So with the recent inauguration of President Biden, where do we now stand with rollbacks to these and many other federal laws that affect our local public lands and wildlife? The Biden Administration issued a “hold memo” that requires all federal agencies to hold and review any recently published final or draft rules. That will apply to both the MTBA rule and the last-minute Spotted Owl rule. There is also the Congressional Review Act, a procedural tool that allows lawmakers to consider and possibly nullify recently finalized regulations with a simple majority vote. It’s also very likely that the worst administrative rule changes will be litigated. National Audubon and a coalition of conservation groups have already filed suit against this final MBTA rule change. Until challenges are resolved, the new Spotted Owl critical habitat rule will likely create a fair measure of chaos for land management agencies. Stay tuned. 

BRIEF updates

Southwestern Oregon Mining Withdrawal

With the new Congress, we need our Senators and Rep. DeFazio to reintroduce and advance the Southwestern Oregon Salmon and Watershed Protection Act in order to finally make permanent the 20-year mineral withdrawal we all worked so hard to secure back in 2016. In the last Congress, SOWSPA was paired up with the Rogue Wilderness bill as the Oregon Recreation Enhancement Act but did not advance beyond hearings. Meanwhile, Red Flat Nickel Company (RFNC) continues to assert that its mining claims at Red Flat, up atop the headwaters of Hunter Creek and Pistol River, are valid while Forest Service continues to evaluate RFNC’s assertion through a technical process known as a “Surface Use Determination.” Also important to note, St. Peter Paul Capital, the offshore, U.K.-based company that owns RFNC, recently indicated it intends to auction off its RFNC holdings. Given rising interest in EV batteries, there is also increasing interest in nickel mining. The auctioning-off could be a sign of the company’s weakness, but a new buyer could also re-invigorate interest in further exploration. Southwest Oregon’s nickel deposits are relatively small, low grade, and thus far, have not proven economical for mining development in a global context, but as long as the Mining Law of 1872 remains in place, they remain vulnerable to exploitation. EV batteries typically require high grade nickel sourced from nickel sulfide deposits. The low-grade nickel in Southwest Oregon’s laterite deposits can only be extracted by strip mining the unique ecosystems at the headwaters of our cherished rivers. We’ll keep you posted on how to help. 

Jordan Cove dealt major setback

On Jan. 18, the Federal Energy Regulatory Commission (FERC) handed down an important decision that we hope will put the kibosh on the Jordan Cove LNG export terminal and gas pipeline across southern Oregon. The Canadian Company Pembina had asked FERC for a waiver from Oregon water quality regulations, but FERC upheld the requirement that projects must meet water quality standards. In Oregon, the state has the regulatory authority and responsibility to implement the federal Clean Water Act.  KAS has long opposed the Jordan Cove project along with a broad coalition of Tribes, conservation groups, fishermen, impacted landowners, and citizens concerned about clean water, climate change, and public safety. Pembina may petition for re-consideration or apply for a water quality permit again, but given the changing economics of natural gas, this permit denial is a significant setback. 

Rocky Shore Proposals, now under review

In December, KAS sent a letter to support three Rocky Shore Habitat proposals put forth by the South Coast Rocky Shores group, which includes Oregon Shores and PISCO (the Partnership for Interdisciplinary Studies of Coastal Oceans), for Blacklock State Park, Crook Point, and Cape Blanco. As part of its Territorial Sea planning process, the State is currently updating its Rocky Shore Habitat plan and had requested citizen proposals for new designations. The aim is to protect the diversity of marine life in these rich habitat areas. All proposals are currently under review by the Rocky Habitat Working Group, and a public comment period is expected later this spring.

Port Orford Dark Sky, update

Port Orford’s Dark Sky lighting ordinance has simmered on the backburner for the past few months. Last fall, City Council sent it back to the Planning Commission (PC) for refinements. However, they also sent the PC a request to work on building heights, which took higher priority. The lighting ordinance update has been a work in progress for over a year now, so hopefully 2021 will be the year to get it done. Meanwhile, ODOT still plans to install 6 pairs of new lighting fixtures on Hwy 101 next summer as part of its reconfiguration and paving project. ODOT has selected shielded LED fixtures with 2,700 kelvin (warm) color temperature that we hope will comply with “dark sky” goals of the ordinance, and now CCEC wants to field test them to assure they can withstand coastal weather. We’ve been told that demonstration fixtures will be installed some time in February. This will give us all a chance to see what the new LED fixtures actually look like. CCEC aims to shift toward LED lights throughout its service area, but has been leaning toward 3,000 kelvin fixtures –so pay attention to changes in street lights in your neighborhood. 

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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.

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Conservation News – Spring 2020

Langlois Asphalt Plant Proposal, Withdrawn

In February, KAS submitted comments regarding a proposed asphalt processing plant in Langlois, south and across highway 101 from the KOA campground. While we recognize the need for locations where rock can be stockpiled and made into asphalt from time to time, this proposal was clearly out of compliance with county ordinances. The project proponent claimed “temporary” use but, in fact, was trying to get blanket permission to make asphalt at the site, on and off, indefinitely. KAS also pointed out the need for state air quality permits and called for special conditions to protect riparian areas from runoff since threatened coastal coho spawn right in the reach of Swanson Creek (a tributary to Floras Lake) that runs through the property. The Oregon Coast Alliance also submitted comments in opposition, and several citizens from Langlois attended the Curry Planning Commission meeting to voice their concerns about noise and noxious fumes. The application was withdrawn.

Local Action for Inaction on the Climate Crisis

Earlier this year, the Oregon Legislature again considered a cap-trade-and invest bill (SB 1530) as a way to start tackling the global climate crisis. The cap, trade, and invest approach would cap emissions, set up a system to charge for and trade emission credits, and use proceeds to start investing in infrastructure, technology and restoration needed to adapt to climate change, especially in Oregon’s rural areas. To be clear, there have been debates for decades about the pros and cons of cap and invest versus a carbon tax versus regulation. Each approach has pros and cons, but at this point, with the ever-growing urgency of the climate crisis, it was time to make a decision and move ahead.

It didn’t happen. The group “Timber Unity” organized a rally in opposition, with hundreds of big trucks driving around the capitol. The group claims to be grassroots, representing loggers, truckdrivers and others whose livelihoods depend on extraction, but its major donors, no surprise, include corporate logging interests. As a result, for the second year in a row, despite many compromises made in the bill, the minority party Republican senators walked out, leaving a lack of quorum for any action.

While this was happening in Salem, county commissioners organized in rural counties—to back-up Timber Unity and Republican legislators—by passing resolutions opposing the climate bill. When Curry County considered such a resolution in early February, KAS board member Tim Palmer attended, urging the Curry Board of Commissioners (BOC) to not pass the resolution that assured more gridlock but instead to offer support for some constructive way forward. He explained how rural areas will be hardest hit by the climate crisis—that acidifying and warming oceans will affect our local fisheries, that rising sea level will affect our roads and towns, and that higher temperatures and lower humidity will amplify wildfire threats. He pointed to changes in the bill specifically intended to provide for investment in rural areas to start addressing these issues. Local leaders from Curry Democrats also asked the BOC to hold off on the resolution and instead hold a workshop to consider pros and cons more carefully. In the end, two commissioners, Chris Paasch and Court Boice, voted to support the resolution, while Commissioner Sue Gold voted to hold a workshop to learn more. We appreciate Commissioner Gold’s thoughtful response to this critical issue.

It’s deeply unfortunate that the climate crisis has become such a partisan and paralyzing issue to our society. Ultimately, in response to the legislature’s failure, Governor Kate Brown issued Executive Order 20-04, pressing state agencies to take actions within her administrative purview to reduce emissions. This happened right before the covid-19 outbreak came to dominate everyone’s attention, but the EO should initiate some meaningful changes. Please call Governor Brown to thank her for moving forward to address the climate crisis: (503) 378-4582.

Jordan Cove Update

Many of you heard news in mid-March that the Federal Energy Regulatory Commission (FERC) approved the Jordan Cove facility for the north shore of Coos Bay. This was hugely disappointing but not surprising. Though the FERC is supposed to be an independent, bipartisan body, the current administration stacked it with its own pro-development Republican appointees and neglected to follow longstanding tradition to appoint another Democrat for balance. In the wake of this “rigged” FERC decision, Senator Wyden joined Senator Merkley and Rep. DeFazio in condemning the project. Despite FERC approval, the state of Oregon has denied Jordan Cove several key permits, including for dredging. Meanwhile, natural gas prices have been dropping precipitously, so the economics of this project are in limbo. In mid-April, a coalition of groups and tribes, as well as Oregon state agencies, asked FERC to withdraw or re-hear its decision, on grounds that the decision process was procedurally flawed and violated multiple federal environmental laws.

Jordan Cove and the Pacific Connector gas pipeline would cross 400 streams in southern Oregon (including the Rogue), condemn thousands of acres of private property, degrade the Coos Bay estuary, and become Oregon’s largest carbon emitter—all so a Canadian corporation can export natural gas to Asia at a time when we need to reduce emissions. Despite the FERC decision, this house of cards may be starting to collapse. Stay tuned. 

Floras Lake Land Swap

I am glad to report that on April 1, the Curry BOC voted unanimously to take next steps to advance the Floras lake land swap. The agreement made last fall between Curry County and Oregon State Parks had stipulated that platted road right-of-ways be vacated before the swap could proceed. The Curry BOC directed the road-master to proceed with this necessary “vacation.” We’re grateful to Commissioners Sue Gold, Court Boice, and Chris Paasch for keeping the ball rolling on this matter. 

Protecting Forest Waters

In mid-February, KAS sponsored an educational program in Port Orford about grassroots efforts to press for increased protections for streams that flow through industrial forest land. Logging on private industrial forests is governed by the Oregon’s State Forest Practices Act, which has come under increasing criticism for lagging behind other states. In particular, buffers to protect streams and communities from aerial spraying and logging are woefully inadequate. Grassroots groups up and down the coast were planning a ballot initiative effort to finally put these issues before voters. KAS had intended to help with this important effort. But then, upping the stakes considerably, the timber industry put forth its own set of ballot initiatives, including one that would require the state to compensate private landowners for any future changes in regulations. Ultimately, the governor’s office negotiated an agreement between statewide environmental groups and big timber companies to withdraw all ballot initiatives so that some compromise could be made through the legislature. However, the walk-out of Republican senators nixed the possibility of this agreement leading to legislation.

In early April, parties to the agreement re-iterated interest to Governor Brown in working toward a compromise rather than proceeding with the ballot initiatives. Of course, the covid-19 epidemic has made collecting signatures impossible. At this point, everyone recognizes the need for reform, but we don’t yet know what form it will take or if it will go far enough without broader citizen input.

Regardless of the uncertainties, we felt it was important to keep sharing information about these issues that affect so many of our members who live in watersheds predominantly managed for industrial timber production. At our program, assistant conservation director Teresa Bird gave an excellent talk describing the impacts of aerial spraying of herbicides on forests and the shortcomings of Oregon’s rules. She shared maps showing the extent of spraying planned for local areas this spring and explained how people could use the Oregon Department of Forestry’s FERNS program to sign up for notifications, and then make calls to spray applicators to get more information.  

We’d hoped to be able to sponsor workshops in Gold Beach and Brookings, too, but, of course, covid-19 has prompted us to cancel all programs. Still we’d like to reach out to our members in watersheds most likely to be affected by aerial spraying this spring—including Floras Creek, Sixes, Hubbard Creek, Euchre Creek, Hunter Creek and Pistol River— to help everyone become better informed about how to keep safe and to better track what is happening. We’ll be in touch about this via email HOOT OUTs, or for more information about how you can help please contact Teresa Bird at kalmiopsisaudubon@gmail.com.

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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

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Winter 2019 Conservation News

Floras Lake Land Swap:
Last fall, I reported that the Curry County Board of Commissioners (BOC) had taken an important step toward considering a land swap for the county lands south of Floras Lake. Oregon State Parks (OPRD) had proposed to swap 32.6 acres of land it owns on Highway 101, directly across from Pacific High School, for 70 acres of the county’s Floras Lake property, the westernmost portion adjacent to Floras Lake State Natural Area. In August, the BOC authorized an appraisal and timber cruise for the county property; at the same time, OPRD authorized an appraisal for its property. The appraisals are now complete but not equivalent, and so the state and our BOC will soon need to convene to discuss and negotiate a possible deal. 

In the fall, Commissioner Boice indicated that he’d prefer to swap the entire 500-acre county property to state parks. While I’d love to see the whole property go to state parks, I am concerned that pushing for a larger deal could sink the deal at hand. State parks has indicated it is interested only in the 70 acres adjacent to Floras Lake Natural Area. Also, we’ve lost some people who had developed knowledge about this issue at the county: Carolyn Johnson, who organized the Langlois community meeting back in April 2017 and conducted indepth property research, is no longer working for Curry County, and Commissioner Tom Huxley, who had been committed to considering a swap, is now gone, too. Furthermore, the new commissioners have hired a new director of operations who could have a different approach in mind for the Floras Lake lands. 

At the new BOC’s first meeting in January, the county administrator (subsequently-dismissed) sought to put the swap on the BOC agenda, but the matter was punted. New commissioner Chris Paasch asked for a briefing packet, and Commissioner Boice indicated that his preference was not to accelerate forward movement on this issue –given so many other county priorities. He also cryptically stated that there would be a lot more relevant information available in the coming weeks. Time will tell.

I have reached out to our new Commissioner Chris Paasch and hope to brief him soon on the long background on the Floras Lake lands. It may be very important for people to contact our commissioners or to attend a public workshop on this issue in the coming month. I will keep you informed through the KAS HOOT OUT so please make sure you are signed up. 

Wild Rivers update
Remarkable things can happen in “lame duck” sessions of Congress, and so it was late last year. Despite so much dysfunction in D.C., Senators and Representatives on respective natural resource committees worked to assemble a bi-partisan, omnibus public lands bill. Though there was no full vote before the end of the session, Senate leadership has said this bi-partisan bill is now in the queue for a full Senate vote as soon as the impasse over the government shutdown ends. Then it is expected to move to the House for conference, for more negotiations. 

The good news is that this public-lands-legislation package includes many elements of the Oregon Wildlands Act (OWA), which would add protections for some of our beloved local rivers –the Elk, Chetco, and Rogue, plus also for “Devil’s Staircase” in the lower Umpqua watershed near Reedsport. The Elk part of the bill would add wild and scenic designations for all the river’s tributaries, helping to protect this river’s outstanding water quality for salmon into the future plus habitat for marbled murrelets. The Chetco part would finally secure a permanent mineral withdrawal for the public lands portion of that special river. The Rogue part of the bill would add wild and scenic designations for tributaries from Gallice down to Marial –these all flow into the Rogue upstream from Curry County but would help provide much needed protections for water quality that would benefit the lower Rogue, too.

However, one important item that got dropped out in the bi-partisan compromise, apparently owing to opposition by Rep. Greg Walden, was a provision that would have extended wilderness protections in the Wild and Scenic Rogue River Canyon upstream. Currently the Wild Rogue Wilderness (managed by the U.S. Forest Service) protects the Curry County portion of the Rogue River canyon from Marial down to Don’s Creek near Illahe/Foster Bar, but the reach, just upstream, from Gallice down to Marial (currently managed by BLM), is not protected as wilderness. Although much of it is roadless, the forests in this area were threatened not long ago by a big timber sale, fortunately fended off by activists. But this threat could return with recent directives from the President to massively increase logging on our public lands. The Wild and Scenic Rogue River is a renowned national treasure that deserves the highest level of protection. 

Also, we’re still waiting for the Southwest Oregon Watershed and Salmon Protection Act (SOWSPA) to be reintroduced into Congress. Unfortunately, it was not included in the big public-lands legislation package. (OWA was started before SOWSPA, and there is a queue.) As most KAS members will recall, SOWSPA is the bill that would permanently protect areas at the headwaters of Hunter Creek and Pistol River, Rough and Ready Creek at the headwaters of the National Wild and Scenic Illinois River and Baldface Creek at the headwaters of the National Wild and Scenic North Fork Smith River from the threat of mining. At this time, these areas are temporarily protected from new mining claims by the Southwest Oregon Mineral Withdrawal. 

As the public-lands legislation package will soon move to the House, what’s needed now is two-fold: Foremost, we need for people to give Congressman DeFazio’s office a call (or send an email). Please THANK Congressman DeFazio for his longstanding efforts to protect SW Oregon’s rivers and encourage his support for the Oregon Wildlands Act including protections for the Elk, Chetco, and Wild Rogue, and also for the Southwest Oregon Watershed and Salmon Protection Act. Here are his office numbers: (202)-225-6416/541-269-2609. (Rep. DeFazio just became Chair of the Transportation Committee, and so he’s focusing on lots of important infrastructure projects, which means we need to graciously and gratefully remind him to keep up his great work in protecting our rivers, too.) 

It would also be helpful to call or email Senator Wyden and thank him in a similar way. As our senior senator, and owing to his position on the Senate Energy and Natural Resources committee, Senator Wyden’s leadership on these matters has been and will continue to be absolutely critical. Here are his numbers: (202) 224-5244/541-858-5122.
I know there are many, many issues that we are all worrying about these days –and many reasons to call our elected officials, but I hope you can take 3 minutes to take these actions to help us work toward securing increased protections for the important riparian habitats in our extremely special public lands backyard!

Jordan Cove update
In January, the Oregon Department of State Lands held 5 hearings to consider public input about the dredge and fill permit for the Jordan Cove LNG terminal and the Pacific Connector pipeline, now proposed by the Canadian company Pembina. Thousands of people turned out to express opposition. In Central Point alone, more than 1,000 people attended. The 229-mile pipeline would cross southern Oregon from Malin, east of Klamath Falls, to Coos Bay. Pipeline construction would impact many waterways along the way including the Klamath, Rogue, Umpqua, and Coos Rivers and their tributaries– more than 400 river crossings in all that would be subject to clear cutting, earthmoving, erosion, and use of water for testing, not to mention the potential for risk of spilling drilling fluids. The dredging associated with LNG facility, to be located on the north side of Coos Bay, just west of the McCollough Bridge, would have many impacts on the estuarine habitats used by fish, birds, wildlife, and recreational crabbers and fishermen. Beyond direct local impacts, the Jordan Cove project would become the single largest source of greenhouse gas emissions in Oregon. For this reason, I think opposing Jordan Cove is probably the single most effective way for local citizens to work on the critically important issue of climate change. 

At the Coos Bay hearing, more than 400 people showed up (about 2 to 1 in opposition), and I was heartened to hear articulate testimony by so many local people describing the ecological values of Coos Bay, loss of wetlands that has already occurred, cherished recreational and subsistence uses, problems of climate change, and traditional values of local indigenous people. Even a descendent of the eponymous, local Jordan family showed up to testify in opposition. While a few local people testified in favor (including 2 from the Chamber of Commerce), the majority of support for the project came from members of the pipefitters and plumbers’ union, bussed in from the Willamette Valley. Of course, it’s unfortunate when the only jobs are ones that will so clearly damage Southwest Oregon’s natural environment.

According to the Klamath Falls Herald and News, Pembina Co. has been politically active, contributing over $150,000 in campaign contributions to PACs and local and state candidates who have supported the proposed project –and so this regional project in many ways exemplifies how powerful international corporations operate. The Jordan Cove project still needs to obtain many permits, state and federal, before construction can begin and so we’ll continue to track it and contribute comments from KAS. (If you’re feeling deja vu, another Canadian company, Veresen, made a similar proposal a few years back that was roundly rejected by the Federal Energy Regulatory Commission (FERC); but the proposal is now back, likely buoyed by the Trump Administration’s avowed support for the fossil fuel industry). 

Thanks to all our HOOT OUT recipients who submitted comments for this!

Little Chetco inholding
I have some good news! The Wilderness Land Trust announced in late fall that it has purchased Emily Camp, the only private inholding within the Kalmiopsis Wilderness. For decades, KAS together with activists on the east side of the Kalmiopsis Wilderness (Siskiyou Project, Friends of Kalmiopsis, Rogue Riverkeeper) have been fending off threats associated with this inholding on the Little Chetco—from road opening and motorized use in the wilderness to helicopter-supported suction dredge mining in the Chetco River. In 2014, the property owner lost his mining claims on the river when he tried to claim an exemption that he was not entitled to, and the 5-yr Chetco mineral withdrawal that we’d advocated for precluded him from staking new claims. Then, in 2017, the Chetco Bar Fire burned the cabins and shipping containers that were used for rustic lodging at the extremely remote Emily Camp site (the area had also burned in the Biscuit Fire). Ultimately, the property owner sought to make a conservation sale, and the Wilderness Land Trust, a national organization that specializes in acquiring wilderness inholdings and transferring them into public ownership, was ready to buy the remote property. The deal will not be complete until this inholding is transferred to the Rogue River-Siskiyou National Forest, which is responsible for managing the Kalmiopsis Wilderness, a process that could take some time. Nevertheless, this story shows how local citizen advocacy applied over time can ultimately lead to a conservation success. After more than 50 years, it looks like the Kalmiopsis Wilderness will be whole! 

After the Klondike Fire
Fall rains finally put out the Klondike Fire, which ended up burning nearly 175,000 acres, mostly in the vicinity of the National Wild and Scenic Illinois River canyon. A sizable portion of this mostly National Forest acreage was burned by the Forest Service (USFS) as part of its fire suppression strategy. Firefighters used “back burns” to reduce flammable materials, aiming to stop the wildfire before it reached private property. Fortunately, high winds did not intercede. The natural fire and the USFS burnout fires resulted in a mosaic of high-, moderate-, low-severity, and unburned areas. If the build-up of “fuels” caused by fire suppression has indeed increased fire risk, this kind of burn may help to reduce risks in the future. 

After 2017’s Chetco Bar Fire (CBF), Curry County Commissioner Court Boice pressed repeatedly for more post-fire logging (in fact, he continues to decry that too few acres were salvage logged and blames environmentalists). But after the Klondike, we’ve heard no calls for salvage. Why? According the USFS Rapid Assessment Team’s report, the Rogue River Siskiyou National Forest (RR-SNF) leadership met with the timber industry, which was “not expressing much interest in salvage off of Forest Service lands.” Industry wants the USFS staff to plan for green tree sales instead, but at least, we’ll not be facing large, post-fire logging proposals.

Nevertheless, Mr. Boice continues his crusade. In a January 23 opinion piece published in the Curry Pilot, he now blames environmentalists for wildfires. Of course, the reasons for increased fire risks are many, but the limitations on USFS management to address fire risk has not been environmentalists’ lawsuits as Mr. Boice alleges, but rather lack of funding for project planning because the Forest Service has had to spend a huge amount its funding to fight fires –an insidious situation called “fire borrowing” that has reduced staffing for management of all National Forest values, including timber, recreation, fisheries, wildlife. 

It appears now that Boice and the timber industry want to go back to more commercial timber sales putting forth the false idea that commercial logging and replanting of Douglas firs will help protect us from fires. In fact, fire analysts, foresters, and ecologists now tell us that commercial clearcutting and the resulting dense growth of young trees in plantations are making fire hazards worse. Fires in these areas have been found to burn hotter and with more damage than in mature forests, which tend to be resistant to fire. 

What’s really needed is thinning of overstocked plantations, controlled burning, restoration of more diverse and mature forests that can better withstand fires and pathogens, and creation of strategic fire breaks and defensible spaces near our homes. The recently passed Farm Bill has provisions to end fire borrowing and should soon provide more funding for forest management to reduce fire risks, but what that will look like on the ground –with President Trump’s recent order to increase timber harvests by 30 percent–remains unknown.  

Finally, the RR-SNF has been planning a large “landscape restoration” timber sale, “Shasta-Agness,” in the vicinity of Agness and the Shasta Costa Creek watershed. This project was scheduled for public comments this January, but USFS staff will need to review how the Klondike Fire impacted landscape conditions and make adjustments before bringing their logging/restoration plan forth for public review. This and critical post-fire restoration work have been delayed by the government shutdown.

The Spray Free Coast Campaign 
Community concern about aerial herbicide spraying in forestry has been on ongoing issue since the 1960s and 70s when increasing knowledge of associated health risks compelled local activists to press for reform, ultimately leading to a ban on aerial spraying in National Forests in 1984.

However, the aerial spraying of toxic herbicides remains a common practice on both private and state forest lands, and while the Oregon Forest Practices Act outlines regulations for “safe” application, these regulations are not adequate to eliminate the risks of chemical trespass and harm to ecosystems. Many commonly-used chemicals are known to relocate through transpiration on coastal fog, travel through waterways, and some can persist in groundwater and in the food chain. In some cases, there have been accidents, such as what happened to residents in Cedar Valley back in 2013.

Given these risks, it is important for communities near private or state forestlands to be aware of when aerial spray events will occur. The Oregon Dept. of Forestry (ODF) has a statewide notification system called “FERNS” (ferns.odf.oregon.gov/e-notification) that provides this information to the public, but this resource is not well known. To help raise public awareness, KAS has started to track aerial sprays near Port Orford and will post these notices at the post office (If you live near an area to be sprayed, you may want to contact the operator to let them know you’d like to have more specifics about when the spraying will occur or to alert them to specific concerns, such as drinking water streams or livestock. If you subscribe to FERNS you can also submit these kinds of comments to ODF on the notification webpage). 

We are also sponsoring an educational event on Wed. Feb. 27 at the Curry Public Library (6-8pm) in Gold Beach, which will include presentations about the effects of aerial spraying in forestry and how to use FERNS to learn about spray events near you. There is growing concern about aerial spraying in communities coast wide, and we will be working this year to help KAS members understand the complexities of this issue. Please visit sprayfreecoast.org for more information, and feel free to contact Teresa at kalmiopsisaudubon@gmail.com with any questions.