CONSERVATION NEWS, Winter 2023

by Ann Vileisis

SWO Mineral withdrawal bill hits dead end

It is with great disappointment that I report that the Southwest Oregon Watershed and Salmon Protection Act (SOWSPA)—the legislation to make permanent the temporary 20-year mineral withdrawal for the headwaters of our wild rivers—did not make it across the finish line to become enacted as law in the last Congress. I know many of you have been wondering about it.

As I’ve reported in previous Storm Petrels, this bill was a high priority for Congressman DeFazio and also for our Senators, who had put it forth in the Oregon Recreation Enhancement Act. On the House side, the bill had already passed the entire body of lawmakers, and on the Senate side, the bill had been reported favorably out of committee with a bipartisan vote –and so we’d been told it was all queued up and ready to become part of a public land omnibus (package of bills combined into an act) at the end of the session. We were very hopeful, and all eyes were on the Senate Energy and Natural Resources (SENR) Committee to develop an omnibus bill.

However, no public lands bill ever came together. Exceedingly close elections in Alaska and Georgia meant control of the Senate remained up in the air until early December. This left too little time for negotiations. Higher priority bills to fund the federal government and defense took precedence. And perhaps most significant was the threat of “poison pill” amendments. West Virginia Senator Manchin kept trying to attach riders to any moving bills to weaken environmental safeguards for the benefit of the fossil energy industry (dubbed Machin’s “dirty deal”) while Senator Daines of Montana tried to push a bill that would have undermined the Endangered Species Act. Given these larger factors, there was just no way to advance a public land bill through the closely divided Senate. 

And so where does this leave the headwaters of our cherished Wild and Scenic Illinois and North Fork Smith rivers and Hunter Creek and Pistol River? Fortunately, owing to our successful advocacy back in 2015-2016, we still have the 20-year temporary administrative mineral withdrawal in place –so there is more time for Congress to act to make it permanent. The purpose of the temporary administrative withdrawal depends on the bill being introduced again into the House and Senate again in the new session. 

We will no longer have our longstanding champion Rep. Peter DeFazio to help us, and the headwaters of the Wild and Scenic Illinois River are now in the district of Rep. Cliff Bentz, who has already voiced more interest in boosting mining in southwest Oregon than in conservation. I trust that Senator Wyden and Merkley will help, and I hope that we’ll soon have a chance to help educate our new Representative Val Hoyle about why protecting the headwaters of our South Coast’s wild rivers is so important. That said, given the current chaos in Congress, it looks like we may be in for a long wait until there is another opportunity to pass this bill. 

Securing the permanent mineral withdrawal to protect our region’s finest wild rivers and their clean water and salmon runs from the irreversible risks of mining must remain a high priority for conservation in our region. The surface strip mining needed to extract nickel from our local mountains would require removal of massive amounts of overburden for relatively small amounts of minerals—with untenable risks for our local watersheds. Clean drinking water and adequate flows in our rivers are going to be more and more precious as climate change ratchets up stresses on our aquatic ecosystems.

Our nation should prioritize research into alternate battery metals for the electric vehicles that we’ll need to transition to a clean energy economy. For example, researchers are already investigating sodium and saline—minerals that are far more common, less costly, and less irrevocably damaging to obtain than those that require strip mining. European nations are farther along in working toward a “circular economy” with metals recycling baked into manufacturing planning from the outset. We will never get to these much-needed innovations if our economic system allows wrecking whole landscapes—including some of America’s last best rivers and salmon streams—as a legitimate activity. Clean energy cannot be called “clean” if it depends on destructive mining. This nineteenth-century thinking needs to change as we aim to tackle twenty-first century challenges. 

Rocky Habitat conservation advances

In early December, I testified on behalf of KAS to the Oregon Policy Advisory Committee (OPAC), in support of proposed Rocky Shores designations. There were six areas proposed along the entire coast for Marine Conservation Areas (MCAs), including Cape Lookout, Cape Foulweather, and one in our area at Blacklock Point, which is contiguous with parts of Floras Lake Natural Area. The Blacklock MCA is intended to protect unique rocky habitat and nearshore kelp areas that are adjacent to the Floras Lake Natural Area. I am pleased to report that OPAC voted to recommend all six areas as MCAs.

Developing a strategy to conserve the important values of our state’s Rocky Habitats is a key part of Oregon’s Territorial Sea Plan. The public process to nominate and designate suitable areas has been going on for several years now. Rocky habitats are unique and important areas for marine life—think tidepools filled with snails, limpets, sea stars, mussels, barnacles, nudibranchs, and all manner of beautiful algae, plus shorebirds, including Black oystercatchers and turnstones and surfbirds! These rich ecosystems can also be extremely vulnerable to visitation and overuse, which has already resulted in unfortunate habitat degradation along the North Coast. 

The newly designated MCA sites will get added to the list of Rocky Habitat areas already designated last year, including the Cape Blanco Marine Research Area and the Coquille Point Marine Garden, and will be recommended for final approval by the Land Conservation and Development Commission (LCDC) this spring. As the designations suggest, different areas are intended to have different emphases—some research, some public education with the aim of both reducing impacts and also helping the public to understand the unique values that rocky shore habitats provide. 

How these newly designated areas will be managed will depend on LCDC rulemaking that is yet to come. The Blacklock MCA will bring no explicit change of rules in terms of harvesting marine life but will hopefully help to marshal more resources to study and protect its important values into the future. 

Update on Floating Offshore Wind development

In January, the Bureau of Ocean Energy Management (BOEM) completed its qualification review and finally announced the results of its “call” for nominations for floating wind energy development off Oregon’s Coast. Four multinational corporations put forth qualified nominations: Avangrid, Ocean Winds, Bluefloat Energy, and Mainstream Renewable Power. Their nominations cover the entirety of both the Brookings and Coos Bay call areas.

With nominations now reviewed, BOEM will continue with its own evaluation of potential impacts of energy projects on the nominated areas, which entails “suitability modeling” to determine which parts of the call areas are most suitable for future wind energy development. We hope they will also consider input from all other Oregon stakeholders before they identify Wind Energy Areas (WEAs) –the subset of the call areas—that will be considered for leasing to these private companies.

Down the coast in California, BOEM is much further along in its process of leasing offshore areas for wind energy development, which enables us to see what will be coming in Oregon. Having identified California WEAs last year, BOEM hosted its first West Coast wind lease sale in early December. Five companies won leases for five areas that will cover more than 370,000 acres—almost 600 square miles—off the coasts of central California near Morro Bay and of northern California, near Eureka, with the promise of generating 4.6 gigawatts (GW) of energy. The leases give developers the right to assess the WEAs in a proprietary way so they can propose more specifically how they will seek to further develop them in the future.

The auction drew bids much lower than recent lease sales on the East Coast, reflecting the greater uncertainties on the West Coast—with still unproven floating technologies in deeper waters, the lack of a clear plan to offtake the energy, and the need to build ports, a supply chain and a workforce. The average price offered to the government by the wind companies was $2,028 per acre in comparison with the $8,951 per acre price of lease areas off New York and New Jersey last February. Interestingly, none of the companies that won the California leases are the same as those now seeking leases in Oregon.  With its great demand for renewable energy and enormous population centers, California has already boosted its offshore wind energy goals to 25 GW by 2045, aiming to see more call areas identified for consideration soon.

With California racing ahead to adopt FOSW technology and other regions proceeding apace with OSW development, Oregon, coming a little later to the game, will hopefully have the benefit of learning from the mistakes of other places. Already BOEM’s suitability modeling is apparently becoming more robust and, in Oregon, will be used ahead of leasing instead of afterwards. Oregon’s outstanding marine natural resources certainly merit careful consideration. We should avoid and minimize impacts not only to fisheries but also to the seabirds and marine mammals that depend on the rich upwelling waters of the West Coast’s California Current large marine ecosystem. 

As longtime KAS members know, our group has been engaged in the public process for wind energy siting at both the state and federal level—advocating for earlier consideration of impacts to birds, fish, and wildlife and for a cumulative impacts assessment given the multiple wind energy areas and projects now under consideration for development from California through to Washington. The next opportunities for public input will be after BOEM identifies Oregon WEAs later this year. Please consider attending the upcoming presentations sponsored by KAS in Brookings and Gold Beach on February 9 to learn more about this important topic for our region. 

Elliott State Research Forest update

A bit north of our usual beat, KAS has long supported the goal of greater conservation of the important old-growth forest habitat remaining in the Elliott State Forest, located north east of Coos Bay. Longtime KAS members will recall that these valuable forests were being steadily logged-off to support the state school fund despite their irreplaceable habitat for marbled murrelets and other forest dependent wildlife. A big chunk of the state forest lands was even sold off with the express purpose of avoiding habitat protection laws that apply to public lands –until a deal was finally reached to de-couple the forest from the school fund and find a new path to provide for public benefit as a research forest. In early 2021, the Oregon Legislature established the Elliott State Research Forest (ESRF) to be managed by Oregon State University (OSU).


Over the past couple of years, there has been a concerted planning effort with OSU and an appointed advisory board to set up the ESRF. Now comes the test –will it will truly be managed as a living laboratory that helps to conserve critical natural habitat values? In December, the Oregon Land Board appointed a new group of nine stakeholders to the Elliott State Research Forest Authority Board, which will now work with OSU to oversee the research and management of the ESRF. Representatives from Southwestern Oregon include Teresa Bird, an ecological consultant who has conducted numerous murrelet surveys in the Elliott (and who is a KAS member!), and Jack Williams, a fish biologist who has served in the past as chief scientist for Trout Unlimited and as Supervisor for the Rogue River-Siskiyou National Forest. Bob Sallinger, who has worked as Portland Audubon’s Conservation Director for several decades, has also been appointed to represent conservation interests.

In addition, the state has recently put forth a Habitat Conservation Plan (HCP) for the federally threatened and endangered species that inhabit the ESRF. The HCP must be approved by the U.S. Fish and Wildlife Service and National Marine Fisheries Service and will become the binding document that outlines specific protections for these species, including marbled murrelets, northern spotted owls, and Oregon Coast coho. KAS recently submitted comments and joined with other Oregon Audubon chapters in pressing the federal agencies to require better mapping, larger buffers, and greater protections for known occupied marbled murrelet nest sites and also provisions to improve aquatic habitat in the ESRF. 

Fall 2020 Conservation News

Port Orford’s Dark Sky, update

KAS has continued to participate in the City of Port Orford’s effort to upgrade its “Dark Sky” outdoor lighting code to account for changes in technology. The basic principle of “dark sky” lighting is to point lights down or properly shield them to reduce sky glow and light trespass into other people’s yards. However, new LED fixtures pose new challenges, requiring us all to learn a new language of illumination. Watts remain the energy required per second; lumens are the measure of light output (brightness); and kelvins describe a light’s “color temperature” on a scale, with 2700 kelvins (k) describing the warmest LED fixtures (the color of incandescent bulbs), to 3000k (cool white), to 3200k (florescent bulb-like) and beyond, with lights rated at 4000k and above having blue elements experienced as extremely cool and bright.

While LED fixtures are excellent for conserving electricity, lights that are too blue and bright can have unintended impacts to human health and wildlife. Reports from the American Medical Association (AMA) have raised concerns about possible adverse effects of shorter wavelength blue light that can adversely suppress melatonin during night. According to the AMA, recent large surveys found brighter residential nighttime lighting associated with reduced sleep times, dissatisfaction with sleep quality, excessive sleepiness, impaired daytime functioning and obesity. The AMA concluded that communities should be careful “to minimize and control blue-rich environmental lighting by using the lowest emission of blue light possible” and recommended using fixtures no higher than 3,000k. Beyond human health, studies have found impacts of excessively bright lights on birds, wildlife, pollinating insects, and more. The capacity for new LED fixtures to emit such bright, blue glaring light prompted KAS to urge a cap on kelvins.

This has particular relevance for the streetlights on Highway 101. ODOT has plans to repave and re-line Highway 101 through Port Orford and says it must now must apply national crosswalk safety standards. This will require 6 new pairs of lights mounted on 30-foot poles, taller than what we currently have (a motley collection from 20-28ft). The small town of Port Orford has low pedestrian use and low traffic at night. We’ve long had crosswalks without lights, and so many have questioned whether new lights are truly needed, worried that our main street will end up looking like a Walmart parking lot. ODOT’s answer is simply that all cross walks now need to meet national safety standards.

Other coastal cities have met the safety requirements by footing the sizable bill for greater numbers of low, decorative lights, but Port Orford doesn’t have the budget or inclination for that. Initially, the ODOT lighting design called for 3,000k lights. Fortunately, in response to strong public concern, ODOT’s engineer has now approved use of warm lights (2700k) with full cut-off fixtures to meet Port Orford’s  “dark sky” goals as long as lights can be mounted high on the 30-foot poles, but it remains unclear whether Coos-Curry Electric Coop will be able and willing to source these Dark-Sky compliant fixtures. They say not all fixtures can stand up to coastal conditions. KAS has pressed for use of warm colored lights and has also asked city council to urge ODOT to consider other options for pedestrian safety, such as lights that come on only when someone needs to use a crosswalk.

In August, the Port Orford Planning Commission (PC) passed its upgraded outdoor lighting ordinance and recommended it to the City Council (CC), which voted unanimously to pass it in September. But then, during a “second reading,” CC members decided to make some changes to address concerns about placement of security lights and how fines would be levied. Owing to outstanding questions related to the ODOT required lights on Highway 101, the CC has sent the code back to the PC and is now waiting for answers before considering a final version. A huge thanks to all KAS members who are helping to work on this issue. It’s not over yet, so if you want to help, please send me an email.

Salmon on the South Coast

ODFW is currently developing a plan to manage several fisheries on the South Coast. The public process has been limited this time primarily to angler stakeholders with the exception of the Lower Rogue Watershed Council, but KAS has participated to advocate for the local species that are not fished (threatened coho), for birds unfairly vilified (cormorants) because they are fish predators, and for stronger consideration of climate change impacts to our local fish runs. SONCC coho are a threatened species that has already been reduced to perilously low levels, and ODFW scientists have identified that our cherished rivers will come under far greater stresses with climate change, including lower flows and higher water temperatures.

This new plan will deal with steelhead, coho, and cutthroat trout from Elk River south (2 other plans deal with chinook and rivers from Elk north) and aims to specify “harvest” levels and hatchery output, as well as some goals for habitat improvement. Some fish conservation groups are pressing ODFW to allow anglers to harvest steelhead only if there is sufficient monitoring and data to demonstrate that populations can handle fishing pressure. There has also been discussion about the need to evaluate both harvest goals and hatchery programs in light of climate challenges, recognizing that natural origin fish will have greater genetic capacity to adapt to new conditions. Planning ahead for how we will have resilient salmon and steelhead populations and fisheries into the future will likely require a more precautionary approach from ODFW.

If ODFW doesn’t take climate change seriously in all aspects of its work, it will be harder to ask individuals who own riverfront properties to actively engage in the river stewardship and restoration activities that will also be critical, such as conserving water if you tap into groundwater or river flows for irrigation or lawn watering, planting trees and native plants that can help provide shade to cool the water temperature, or allowing beavers to recolonize in tributary streams. If you are a riverfront property owner and want to help to do more to help our rivers prepare for climate change, contact Curry Watersheds Partnership ((541) 247-2755, ext. 0), to learn more. Also, if you are new to our area, you may not be aware that Curry County has a “Riparian Buffer Corridor Overlay Zone” (50-75 feet from rivers and streams, depending on flow) that prohibits permanent clearing of riparian vegetation, a policy that helps to protect water quality and fish habitat. It’s going to take us all supporting conservation policies and restoration of riparian habitats if we want to keep our birds and fish into the future.

Oregon’s Rocky Habitat Plan update

The state of Oregon is currently updating and revising its policies to protect rocky coastal habitat areas for the first time in 25 years. Rocky coastal habitats include offshore rocks and islands, tidepools, and headlands—features that provide natural beauty but also outsized ecological values to so many creatures that depend on them for food and shelter, from unique invertebrates to our beloved black oystercatchers and turnstones.

The Rocky Habitat Management Strategy will provide for three new types of protective designations—Marine Conservation, Marine Gardens (focusing on education), and Marine Research— to safeguard these unique habitats into the future.

To develop the new Rocky Habitat Management Strategy, the state of Oregon has asked citizens and communities to nominate rocky sites that deserve protection. At this point community groups have formed up and down the coast and are in the process of developing substantial, site-specific proposals based on input received earlier this summer. Full proposals, which will go to state agencies and decision-making bodies for review, are due at the end of the year.

On the South Coast, Shoreline Education for Awareness, South Coast Rocky Shores Group, Partnership for Interdisciplinary Studies of Coastal Oceans, based at Oregon State University (PISCO), the Oregon Kelp Alliance, and Oregon Shores Conservation Coalition have taken the lead to develop site specific proposals for Coquille Point, Blacklock Point, Cape Blanco, part of Port Orford Heads, Rocky Point, and Crook Point.

You can help support these designations by writing letters of support, sharing observations about proposed sites you regularly visit, and participating in community meetings to support the site designation process (currently being held online). To learn more about sites being considered for designations in our area, and how you can get involved, please contact CoastWatch Volunteer Coordinator Jesse Jones (503-989-7244, jesse@oregonshores.org). 

More information on the Rocky Habitat Management Strategy, which nests within the state’s Territorial Sea Plan, can be found at: https://www.oregonocean.info/index.php/tsp-rocky-shores-amendment

Shasta-Agness Project

In late July, the Rogue River-Siskiyou National Forest released the Record of Decision for its “Shasta-Agness Landscape Restoration Project,” a plan that will guide management of nearly 7,000 acres of public lands in the vicinity of Agness. The idea for this project started many years ago, with Forest Service planners and the Forest Collaborative aiming to find common ground on logging that could provide timber but also accomplish conservation goals, such as restoring oak savannas, while supporting recreation opportunities.

Owing to fire suppression, the landscape around Agness in particular has been shifting from oak savanna vegetation to Douglas firs. But the warming climate may now be making it harder for Douglas firs to thrive in thin soils. Already some have died owing to persistent drought. According to Forest Service, thinning in areas with encroaching firs, plus prescribed fires, could help shift the ecosystem back to white oaks; then revenues generated from timber could fund positive conservation actions such as replacing old culverts and decommissioning old logging roads that still spill sediment into tributaries. However, one controversial aspect of this plan is to log some firs in LSR (Late-seral reserve) areas that are now more than 80 years old –and so already well on the way to providing the kind of big tree habitat that is more resistant to fire and that is needed by some forest birds and wildlife. The plan includes 3,770 acres of commercial logging in oak woodlands, pine forests, and riparian zones.

This project, like all public-lands projects, has gone through a NEPA public process designed to identify environmental impacts and consider different options. (NEPA is the National Environmental Planning Act.) KAS has submitted comments through the entire public process. We supported thinning of plantations (already logged areas that are now thick and fire-prone) and all actions related to stream restoration. We supported restoration of oak savannas but urged a cautious approach, especially with regards to hazards of invasive plants taking over in the wake of logging, questioning the feasibility of how prescribed burns could actually be implemented, and asking for more explicit plans for how restoration will actually be accomplished after logging is done and underscoring the need for adaptive management, since this type of restoration is new to this area. We questioned the need for commercial logging in riparian areas and serpentine pine areas, where mineralized soils already create a mosaic of habitat. In addition, we asked for more careful consideration of how recent wildfires affected the larger landscape of southwest Oregon, pointing out that the forest habitat still standing in the vicinity of Agness may now be all the more important for birds and wildlife, including the coastal marten, that have dispersed from the large areas burned in the Chetco Bar and Klondike Fires.

With the Final Record of Decision, we were disappointed that our main concerns were not adequately addressed. We submitted objections raising concern about several aspects of the project: commercial logging in Riparian Reserves and serpentine pine areas, the likely increase of invasive species in oak savanna restoration areas; and the short timeline of the project over a large area, which precludes the ability to actually apply the promised “adaptive management” approach. In short, it’s hard to shift gears and adapt management to new information after all the trees have been cut. Objections were considered at a meeting in late October. In early September, the coastal marten was designated as a federally threatened species under the Endangered Species Act. We hope this will require the Forest Service to make some adjustments to its plan. The last major timber management plan in our area, “Coastal Healthy Forest Treatments,” focused on plantation thinning and has guided the direction of local timber sales for over ten years. This plan has scheduled timber sales over the next 4 years.

Protecting forest waters

Over the past several years, Teresa Bird has headed up KAS efforts to help local citizens and communities better understand and find out about aerial spraying on nearby private timberlands. As we’ve come to learn, Oregon’s Forest Practices law is weak, with only narrow buffers from logging and spraying to protect fish-bearing streams and no buffers to protect smaller non-fish bearing streams, even those that flow into drinking water sources. Earlier this year, we hosted an online training to help volunteers learn how to monitor for spraying through the state’s aerial spraying notification program (FERNS).

I am pleased to report a positive outcome from these efforts. Through monitoring of the Hubbard Creek watershed, which supplies drinking water for the city of Port Orford, Teresa identified an upcoming timber sale and spray in the North Fork. She alerted the local Port Orford Watershed Council. The Council was then able to reach out to the landowner to request that the logging company leave a buffer around the stream and avoid aerial herbicide spraying. Because this stream is both non-perennial and non-fish bearing, there are absolutely no requirements to leave buffer trees or to avoid spraying, even though it flows into a public drinking water supply. In the end, the company agreed with a handshake to leave a 20-foot buffer and to use only manual application of herbicides. The Chair of the Port Orford Watershed Council went out with the company to flag the buffer zone. Kudos to the Port Orford Watershed Council for negotiating this positive deal for Port Orford’s water drinkers!

In the absence of meaningful reform of the Oregon Forest Practices Act, continued vigilance by citizens will be needed to protect the streams that flow through Oregon’s private timberlands, many of which are now owned by real estate investment companies. If you’d like to help us monitor for local aerial sprays, please contact Teresa at teresa@kalmiopsisaudubon.org

Marbled Murrelet Surveys Continue by Teresa Bird

This summer I continued to look for murrelets in our nearby coastal forests with the help of Max Beeken. The most exciting surveys this year were along the South Fork Sixes River, where Max and I both saw an amazing amount of murrelet activity on both sides of the river! I also heard many of the murrelet’s distinctive keer! calls from all around me during a survey about a third of the way up the Humbug Mountain trail. While we usually focus our survey efforts in the forest surrounding Elk River, this year we also helped Coast Range Forest Watch survey a proposed timber sale on the Board of Forestry lands in the Elliott State Forest. The many combined murrelet sightings from our surveys in the area effectively confirmed that the area was being used by murrelets, and the timber sale was halted by the Oregon Department of Forestry. Thanks to the National Audubon Society for a grant that helped to fund this survey effort!