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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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Conservation News – Winter 2020

by Ann Vileisis

Wild Rivers Headwaters Update and Opportunity to Help!

As longtime KAS members know, we continue to support permanent protection of the headwaters of Hunter Creek, Pistol River, the North Fork of the Smith, and the Illinois Rivers from the threat of strip mining. All these areas were temporarily withdrawn from new mining claims for 20 years with the 2017 Southwest Oregon “mineral withdrawal,” which gives Congress time to act on legislation. Last year, Senator Wyden combined the bill that would make this protection permanent with another bill to protect more wilderness on the Rogue River (between Galice and Marial, upstream in Josephine County) in new legislation called the Oregon Recreation Enhancement (ORE) Act. I am very glad to report that in December, Senator Wyden advanced the ORE Act through a markup in the Senate Energy and Natural Resources Committee. This is a critically important step toward making the protections we need permanent.
While it may seem that the push for mining has faded into the background with the 20-year mineral withdrawal in place, Red Flat Nickel Company (RFNC) continues to assert that it has valid existing claims in the headwaters of Hunter Creek that would be exempt from the mineral withdrawal. The Forest Service has yet to make a determination about the validity of the company’s claims. Moreover, on the national level, the mining industry continues to push Congress to roll back already lax regulations that govern hard rock mining, so we need to stay vigilant.
Meanwhile, Senator Merkley has introduced entirely different legislation to expand the Smith River National Recreation Area into Oregon, which would make permanent the mineral withdrawal for the watershed of the North Fork of the Smith River, located at the southern tip of the Kalmiopsis Wilderness.
We need to thank our senators for continuing to work to permanently protect the headwaters of our extra-ordinary wild rivers — so that they know we are still paying attention and that we still care. Senators Wyden and Merkley are cosponsors of both bills.

Please call with a simple message of thanks. Here is a sample script:
Thank you for your leadership in protecting South-west Oregon’s wild rivers from the threat of strip mining.
Senator Wyden, thank you for your work to advance the ORE Act, with the Southwest Oregon Mineral Withdrawal, through committee markup, and I hope you’ll keep working to get it passed.
Senator Merkley, thank you for introducing the bill to protect the North Fork Smith, and I hope you will also continue to support efforts to advance mineral withdrawals for our other cherished wild rivers through the ORE Act.
Senator Wyden: (202) 224-5244 / (541) 858-5122
Senator Merkley: (202) 224-3753 / (541) 608-9102
You can also send a brief thank you note through the senators’ websites.

Floras Lake Exchange, Brief Update

Last fall, both the Curry County Board of Commissioners (BOC) and the Oregon Parks and Recreation Commission (OPRC) voted to move forward with an exchange of 90 acres of inaccessible, county-owned land on Floras Lake (adjacent to Floras Lake Natural Area) and 33 acres of accessible, state-owned land on Highway 101 at the corner of Airport Road. Since we’ve been working toward a conservation outcome for the Floras Lake lands for nearly a decade, we are looking forward to celebrating! However, though the BOC signed an agreement on December 5, the ex-change is not yet complete. The agreement stipulates a closing date of December 31, 2020 — almost a year from now — and before then, the county needs to “vacate” all of the roads in the parcel to be ex-changed. The agreement stipulates that costs of this legal task will be split, with the state paying no more than $3,000 to get the job done. According to county staff, this final work has not yet been budgeted or scheduled and may require additional direction from the BOC. Given the difficulties and politics of getting the agreement signed, we intend to watchdog this until the job is truly complete.

Pistol River Gravel Extraction Project Update

In last quarter’s Storm Petrel, we reported that the Curry County Planning Commission (PC) had denied a proposal for gravel extraction along the lower Pistol River because the application lacked information required by law to inform a proper decision. We also reported that the project proponent had declined to appeal the decision. That was the best information available from the county when we went to press, but, shortly thereafter, he did, in fact, decide to appeal the decision to the Curry County Board of Commissioners.
Meanwhile, neighbors in Pistol River held two local gatherings — one convened by the project proponent and another by the project opponents. KAS was invited to participate in the second meeting, where the project proponent spoke about his desire to, in fact, restore the lower river. We were heartened to hear that and also to learn that the Curry Watersheds Partnership (which includes the South Coast Watershed Council and the Curry Soil and Watershed Conservation District) had already started to work with other willing landowners in the lower river to consider potential restoration projects. They had even submitted a grant proposal to fund hydrologic and sediment studies needed to determine how best to proceed and where gravel removal might be warranted for restoration purposes.
However, despite the hopeful rhetoric, when the BOC considered the appeal at a de novo hearing in mid-November, the proposal remained focused on taking out gravel and still lacked basic information about the amount of gravel to be removed and impacts to the estuary and to salmon. We urged the commissioners to encourage the project proponent to withdraw his appeal and work together with the watershed council to develop a restoration-oriented plan. The record was kept open for several weeks for additional information and rebuttals. Then on January 8, the BOC made a final decision, voting two to one to affirm the PC’s decision to deny the still-deficient proposal. Commissioner Boice voted against, wanting to keep the record open to allow the applicant still more time.
It is critical to carefully scrutinize projects proposed in and around the estuarine zones of our coastal rivers because these areas are especially important for fish that use them for migration, juvenile rearing, and even nursery habitat in the case of some marine species. Even if there is good habitat upstream, degraded estuary habitat can serve as a bottleneck for salmon runs. For this reason, anyone proposing a project in aquatic estuarine habitat must secure permits not on-ly from local government but also from state and federal agencies to assure that impacts to water quality and fish, especially threatened coho salmon, will be minimized.
At this point, the project proponent may decide to appeal the BOC decision to the state Land Use Board of Appeals. Otherwise, he will need to wait for a year to submit a new application to the county. We hope that he will work with a restoration consultant and Curry Watersheds Partnership to develop a proposal that could help to restore the lower Pistol River.

Jordan Cove LNG Terminal and Pipeline Update

In mid-November, the Federal Energy Regulatory Commission (FERC) issued a Final Environmental Impact Statement (FEIS) for Pembina Corporation’s Jordan Cove Liquefied Natural Gas (LNG) pipeline and terminal facility. The facility is proposed by a Canadian corporation to export American gas to Asia, condemning Oregonians’ land along the pipe-line route and building a dangerous facility squarely in a high-hazard earthquake and tsunami zone. Ac-cording to the FEIS, constructing and operating the LNG project would impact soil, water, wetlands, vegetation, wildlife, 15 threatened and endangered species, land use, recreation, landscape views, traffic, cultural resources, housing, air quality, and noise levels. In particular, the pipeline would cross more than 300 waterbodies, including the Rogue, Klamath, and Coos Rivers, and would require clearing of more than 2,000 acres of forest, including 750 acres of old-growth.
In mid-January, the National Marine Fisheries Ser-vice (NMFS) released a “biological opinion” (BiOp) that the project’s impacts would not jeopardize the long-term survival of any federally threatened or endangered species. The FEIS and BiOp are intended to inform FERCs final decision, which is expected next month.
Meanwhile, on the local front, the Coos Bay City Council on January 7 considered a proposal for dredging Coos Bay in order to accommodate massive ships that would service the proposed LNG facility at Jordan Cove. Analyzing the project as a contractor for the city, planning staff from the Lane Council of Governments determined the project was not in the “public interest” and recommended disapproval. Nevertheless, the city council’s vote was a tie, with three against and three in favor. Ultimately, the mayor broke the tie, tipping the balance for city approval of this part of the LNG plan.
A contingent of about nine KAS members attended the city council meeting to show opposition to this project that would degrade Coos Bay and commit us to another 30 years of burning fossil fuels. At a pre-meeting rally, retired Oregon Institute of Marine Biology scientist Alan Shanks explained to the crowd how the proposed dredging would bust into bedrock, permanently changing the flow of seawater in the bay in unknown ways. This could be disastrous for juvenile crabs that rely on the sheltered habitat for nursery grounds, an issue that has not been sufficiently analyzed, in his view. It is likely that the city council’s decision will be appealed. Keep in mind, too, that earlier this year, the state Department of Environmental Quality denied a critical clean water permit. As we go to press, there is big news that Pembina has withdrawn its application for a key state “dredge and fill” permit. Stay tuned for further news about this consequential project.

Port Orford “Dark Sky” Ordinance Ready for an Upgrade

Over the past several months, the Port Orford Planning Commission (PC) has been considering up-grades to Port Orford’s Dark Sky lighting ordinance. The intent of the ordinance is to keep light focused downward to the ground where it’s needed, preventing light pollution that would obscure the town’s beautiful starry night sky and light trespass that errantly falls onto neighbors’ properties.
The ordinance was first adopted in 2010 after many years of effort from KAS members, especially Al Geiser, who worked together with Coos-Curry Electric Cooperative, helping to install “night caps” on dozens of lights around town. An upgrade is now needed to address new LED technology, with new terms and units to describe light, such as Kelvins and lumens. Problems with enforceability also need to be addressed. The PC has drawn upon outdoor-lighting ordinances from a number of other small cities to develop language for this upgrade.
The ordinance was scheduled for consideration by the PC in mid-January but was bumped by a proposal to increase the height of the cell phone tower on Boot Hill Road. Thanks to all who turned out anyway to speak in favor of the lighting ordinance. At this point, the ordinance is expected to be considered at the PC meeting on February 11 at 3:30 p.m., but it’s important to check the agenda ahead of time, given that the schedule may change. After the ordinance is approved by the PC, it will be considered by the Port Orford City Council. We’ll need help from supporters at the city council meeting to ensure that the new ordinance will pass.
Some may take our beautiful night sky for granted in Curry County, but it’s important to note that fewer and fewer places in the world remain unaffected by light pollution. Beyond annoying neighbors and creating pink glare in the night sky, too much light at night has impacts on birds; seabirds such as storm petrels can be drawn to night lights like moths to a candle and become disoriented, with dire effect. Bright lights at night are also known to affect human health. For these reasons, many communities cherish their dark skies as a benefit to residents and visitors alike.

Forest Reforms Coming to the Ballot Box

For years, Oregonians concerned about insufficient riparian buffers for logging and aerial spraying of herbicides have tried to reform Oregon’s Forest Practices Act, the law that regulates forestry on private lands, but to little avail given the power of the timber industry. It’s well known that Oregon’s forestry rules are weaker than those in all surrounding states, including Idaho, so this past fall forest activists tried a new tack using the citizen ballot initiative process, aiming to put forest practice reforms directly to voters — in particular, expanded buffers for aerial spraying and logging around waterbodies. However, the secretary of state deemed the initiatives were too complex for the initiative process (and has been accused of siding with industry), and she threw them out. That decision was appealed in December. Mean-while, activists are aiming to place alternative provisions on the ballot for the 2020 election to accomplish similar goals.
Those of you who live in small watersheds know firsthand the risks of aerial spraying of herbicides and also how lack of buffer zones beside streams can lead to sedimentation that fills up pools and other-wise degrades aquatic habitat. The ballot initiatives will be a good opportunity to make headway on forest practice reforms that are critically important for public health, wildlife, and ecosystems. Below is info on an upcoming event about this — and we’ll keep you posted on more opportunities to support this effort.

Feb. 17, Monday, 6:30-8pm, Improving Protections for Forest Waters Workshop, Port Orford Public Library

Join us at this workshop to help citizens learn about shortcomings in Oregon’s current state forestry rules and upcoming ballot measures intended to improve them—by increasing buffers for logging and aerial spraying along streams. Come find out how you can help press for rules to better protect our streams and communities! 

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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.