Spring Planting in the Chehalis River Basin

Alex Gustafson talks with volunteers prior to the fun day of planting and restoration getting under way - Photo by Alexei Calambokidis, Washington Conservation Manager

TU Staff and Volunteers Return to Lost Creek

Greg Fitz, West Coast Communications Director

On a chilly day in mid-February, volunteers with the Olympia Chapter of TU joined Alex Gustafson, TU’s Chehalis Restoration Project Manager, to plant 125 bare-root saplings along a fish passage project site on Lost Creek, a tributary to Stillman Creek in Washington’s Upper Chehalis River watershed.

The previous culvert on Lost Creek which was removed in 2019 - Photo by Luke Kelly, Washington Coast Restoration Program Manager

Lost Creek contains important spawning and rearing habitat for Coho Salmon, steelhead, sea-run cutthroat, Pacific Lamprey, and resident trout. In 2019, Luke Kelly, TU’s Washington Coast Restoration Program Manager, completed a project that removed a culvert blocking fish passage and replaced it with a steel bridge. Removing this barrier restored consistent access to 2.5 miles of high-quality habitat upstream of the site for anadromous and resident fish. The project took place on private land owned by a great local restoration partner.

The bridge which replaced the culvert on Lost Creek - Photo by Luke Kelly, Washington Coast Restoration Program Manager

Planting was a part of the initial project. Five years later, many of those trees at the bridge site are six feet tall. This winter’s planting bolsters and expands on that original effort.

Gustafson had an opportunity to secure another batch of native trees and shrubs with the help of the Gray Harbor Conservation District and the Washington Association of Conservation Districts Plant Material Center. She and the volunteers returned to the site to plant a mix of Douglas Fir, Western Red Cedar, Salmonberry, Oregon Grape and Vine Maple along an additional 200-foot stretch of Lost Creek.

Their effort will widen the riparian buffer, help with conifer succession, and soil retention. As the trees and shrubs grow, they’ll help shade the water and cool the stream.

J Michelle setting up the protective covers for a newly planted sapling - Photo by Alexei Calambokidis, Washington Conservation Manager

“It was such a fun and educational time! We planted 125 plants, got to meet the landowner, and also got a tour of the finished TU project,” explained J. Michelle Swope, the president of the Olympia Chapter. “It is a great feeling to be able to physically help with conservation projects in the Chehalis basin!”

Alex Gustafson was happy with how the day went, too. “I am thrilled with the enthusiasm and turn out at this event. TU members and volunteers were so eager to dig in that I couldn’t hand out plants quick enough. This planting event showcased a successful TU barrier project, a stewardship-minded landowner, and an eagerness amongst our members to get out and help our watersheds for salmon and trout. The TU Olympia Chapter and I are eagerly planning more volunteer days in the Chehalis Basin.”

Newly planted saplings rise along the edge of the forest - Photo by Alexei Calambokidis, Washington Conservation Manager

WCTU Appeals Small-Scale Motorized Mining HPA

In 2020, after years of legislative advocacy, WCTU and others were successful in convincing the Washington legislature to enact a state law that banned suction dredge mining (SDM) in ESA-designated critical habitat for threatened or endangered salmon, steelhead, and bull trout. Background on this effort is described in numerous TU articles and press releases.  See, e.g., Win for Washington waters: What it took (2020).  Yet, in 2023, we learned that several small-scale miners had applied for hydraulic project approvals (HPAs) to resume mining in ESA-designated streams in the Peshastin Creek watershed. 

WDFW Photo of small-scale motorized mining.

The miners propose to mine by pumping creek water to lined ponds above the ordinary high water level.  The WCTU is challenging one of those HPAs by filing a formal appeal with the Washington Pollution Control Hearings Board (PCHB).   WCTU is challenging the HPA on several grounds, including (1) whether WDFW failed to consider how the proposed activity would impact the amount of water in the streams and if it would cause direct or indirect harm to ESA-listed salmon and trout, (2) whether the proposal to discharge process water to the adjacent gravels triggers the requirement to obtain an NPDES permit, and (3) whether WDFW failed to undertake an environmental review under the State Environmental Policy Act.  The Cascadia Law Group represents WCTU pro bono.  A huge thanks!

WDOE Stormwater Work Group: 6PPPD Subgroup Meeting - December 13, 2023 1:00-3:00 pm

The Washington Department of Ecology’s 6PPD Workgroup is holding another meeting on 6PPD-quinone on December 13th from 10-3pm  Information on how to participate can be found at https://sites.google.com/site/pugetsoundstormwaterworkgroup/  The agenda is located at this link

According to the announcement, the session will include updates on:

  • Legislative budget reporting, new 6PPD staff, current projects;

  • Soliciting for new projects through a Request for Proposals (RFP) and Interagency Agreements (IAAs); and

  • SWG Stormwater Action Monitoring (SAM) study selection process: 4 new funded projects with 6PPD and 6PPD-q parameters.

It will also include a presentation on King County’s “Testing Removal of 6PPDQ and Coho Salmon Lethality by High Performance Bioretention Media Blends” 

Idaho Conservation League v. Poe: Ninth Circuit Affirms Clean Water Act Liability for Idaho Suction Dredge Miner

Congratulations to the Idaho Conservation League.

The Ninth Circuit Court of Appeals upheld the Idaho district court’s decision in Idaho Conservation League v. Poe, a citizen suit enforcement case brought against a suction dredge miner who operated without obtaining a Clean Water Act (CWA) NPDES permit.  As I had anticipated from watching the oral argument, the Court upheld the lower court’s finding the miner liable for a $150,000 civil penalty, holding that (1) suction dredging adds pollutants to the river and thus requires an NPDES permit; and (2) EPA and the Corps reasonably treat suction dredge discharges as the type of pollution requiring an NPDES permit and not as dredged material requiring a CWA Section 404 permit.  

Image from ICL’s Answering Brief in ICL v. Poe. (2023)

Simply put, the Court followed its prior and controlling precedent in Rybachek v. EPA, 904 F.2d 1276 (9th Cir. 1990).  The big point is that the resuspension of streambed materials resulting in the dredging operation is nonetheless the “addition” of a pollutant, even though the materials originated within the streambed.  This is different from cases where polluted waters are moved from one location in a waterbody to another.  The decision can be found at this LINK

ESA Lawsuit Filed Against Tire Manufacturers’ Use of 6PPD Linked to Coho Mortality

Oregon Department of Fish and Wildlife

The WCTU Advocacy Committee continues to follow developments aimed to control and prevent the discharge of 6PPD-quinone to streams in the Northwest.  As discussed in prior posts, 6PPD-quinone (a transformation compound from 6PPD used in tires) has been linked to acute toxic mortality to pre-spawn adult coho salmon.  Studies are also finding toxicity to brook trout and rainbow trout.  Last week, Earthjustice, on behalf of several fishing groups, filed a lawsuit against the tire manufacturers alleging a violation of the Endangered Species Act.  The lawsuit alleges that the manufacturing and distribution of tires containing 6PPD causes the “take” of ESA-protected coho salmon, Chinook salmon, and steelhead trout.  It seeks to prohibit the tire industry from continuing to manufacture and distribute tires made with 6PPD.  We will continue to monitor this lawsuit.  An article in the Seattle Times provides a summary.

6ppd-quinone and Coho Mortality: EPA Grants Petition under TSCA to Review 6ppd from Tire Wear Particles

Coho returning to spawn in a Puget Sound creek (K. King / USFWS).

 On November 2nd, EPA granted a petition from the Yurok Tribe (OR & CA), the Port Gamble S’Klallam Tribe (WA), and the Puyallup Tribe of Indians (WA) under Section 21 of the Toxic Substances Control Act (TSCA).  In granting the petition, EPA is agreeing to undertake an evaluation of 6ppd under Section 6(a) of TSCA to determine whether “the manufacture, processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment.” 

The letter granting the petition acknowledges the hazards from 6ppd but is careful to state that it does not yet support issuing a rule under TSCA 6(a).  Instead, EPA will undertake a rulemaking proceeding to gather more information on the hazards of 6ppd. If it then determines that a TSCA Section 6(a) rule is warranted, it could limit or even prohibit the manufacturing, processing, or distribution in commerce of 6ppd.  EPA intends to issue an advanced notice of proposed rulemaking in the Fall of 2024 to gather more information for making a TSCA Section 6(a) decision, with a final rule to be issued “before 2025”. 

Ninth Circuit panel is skeptical of suction dredge miner’s defense in $150,000 enforcement action.

Suction dredge mining photograph from brief of Idaho Conservation League.

During oral argument in the appeal of a lawsuit (Idaho Conservation League v. Poe) brought to enforce the Clean Water Act permitting requirements against an Idaho suction dredge miner, the three-judge panel of the Ninth Circuit Court of Appeals expressed strong skepticism toward the miner’s principal defense. 

The miner argued that its suction dredge mining operation does not involve a “discharge” requiring a Clean Water Act NPDES permit because the process does not result in “any addition of any pollutant” to the Clearwater River.  The miner reasoned that gravel, sediments, and other materials disturbed by the mining operation are already in the stream; therefore, nothing has been “added”.  The defect in this argument is that the Ninth Circuit addressed this issue in prior cases, in particular Rybacheck v. EPA, and upheld EPA’s interpretation that the “addition” of pollutants includes the “resuspension” of sand and dirt discharged in wastewater from a placer mining sluice box, “even if the material discharged originally comes from the streambed itself.”  The three judges all questioned why they should overrule their earlier decisions. 

News Report: Snake River Toxic Algal Bloom

Another troubling report.  The photo was taken during a TU-led overflight with EcoFlight on September 29, 2023.  The location is just upstream of Lower Granite Dam.  Eric Crawford of TU is quoted in the article. 

Large Snake River toxic algal bloom hasn’t happened before. NWNews (Courtney Flatt)

Algal Bloom above Lower Granite Dam (9/29/2023)

Algal Bloom above Lower Granite Dam (9/29/2023)

WDOE Webinar on 6PPD & Coho Mortality - June 21, 2023 from 1 to 3 p.m. PDT

Photo source: WDOE (Roger Tabor, USFWS)

The Washington Department of Ecology is holding a webinar on 6PPD-quinone on June 21. Information can be found at https://www.ezview.wa.gov/site/alias__1962/37858/addressing_6ppd.aspx

The purpose of the webinar is to provide education and updates on the work that Ecology is doing to address the impacts of 6PPP-quinone on coho salmon (especially adults that are especially sensitive) and other fish. We can also submit questions in advance of the webinar.  

TU EventGroove for Promoting Chapter Events

Would you like to feature your event here on the WCTU website? TU has provided its chapters with EventGroove, a place to post and promote your events! We are encouraging all chapters to use this tool to spread the word and register attendees, and as an added bonus, it will automatically display on the WCTU page.

Check it out HERE and get started!

Then your events will appear HERE

The WCTU Council wants to support you and share your chapter events in our monthly newsletter. We are so proud of our chapters and want to celebrate the important conservation work you are doing in your communities! Let us help you spread the word across the state about the fun and informative events you are hosting. Then, afterwards, tell us how your events turned out so we can share your stories statewide!

Need help engaging your chapter or finding new members? Learn more HERE

American Fisheries Society gives statement on the Lower Snake River Dams

The Snake basin historically supported nearly fifty percent of the Chinook and steelhead in the entire Columbia Basin, but over the past 25 years, the Snake has averaged less than two returning adults for every 100 smolt. 

“It is clear that breaching the four lower Snake River dams is necessary to (1) substantially improve the probability of recovering these cultural and ecological keystone species to healthy and harvestable populations and (2) safeguard those fishes from extinction.” 

The AFS resolution confirms the path forward: the dams must go.

The AFS represents over 7,500 professional fishery scientists and resource managers across the world with the common mission of improving the conservation and sustainability of fishery resources and aquatic ecosystems. 

Read the official AFS statement.

Support WCTU and the Green River Valley Alliance in their efforts to protect the Green River Valley by Mount St. Helens from the threat of mining!

SW Washington has new representation in Congress as Rep. Marie Gluesenkamp Perez was recently sworn into office. We need all the help we can get to make it clear to Rep. Gluesenkamp Perez and our other federal representatives that Mount St. Helens and the Green River Valley are no place for a mine! This area is beloved by hikers, mountain bikers, backcountry horsemen, hunters, anglers, botanizers, foragers, and more for its remote and peaceful location and numerous recreational opportunities. The area is also incredibly historically and culturally significant to the local Tribes including the Cowlitz Indian Tribe and the Confederated Tribes and Bands of the Yakama Nation, both of which oppose mining on this landscape. The Green River itself is a gene bank river for wild steelhead, is eligible to be nominated as a Wild and Scenic River, and provides clean water to downstream communities.

You can get involved and help us get the attention and support of our elected officials by signing the Alliance’s petition and sharing it with your friends and loved ones. The petition asks our congressional representatives to support our call for a legislative mineral withdrawal, a federal land management tool which would provide permanent protections against mining without impacting any other regularly permitted activities such as recreation, trail maintenance, or timber harvesting.

Together, we can make 2023 an incredible year of advocacy and show once and for all that this is no place for a mine!"


Sign the petition here.

WCTU ANNUAL AWARDS START NOW

Attention Chapters!! The WCTU had decided to start annual awards in 2023. You gave us your input on what you wanted to see for awards at our state council meeting in September and we heard you. Your ballots were tallied and here are the winners!! There will be 4 Awards total as follows:

The Chinook Awards for Conservation/Advocacy 

  1. The Chinook Award to a WA Trout Unlimited member

  2. The Chinook Award to a WA Chapter or Alternative Engagement Group of Trout Unlimited

The Steelhead Awards for Special leadership/commitment to excellence.

  1. The Tim Gavin “Steelhead Award” to a WA Trout unlimited member.

  2. The Phoenix “Steelhead Award” / to a WA Chapter or Alternative Engagement Group of Trout Unlimited

Our AWARDS Chairman is Larry Hill - Thank you Larry for stepping up to lead this committee!! We will need 3 more volunteers to serve on this committee to review the nominations. They will be using a point system criteria for judging nominations to decide the winners. Please email us HERE if you are interested in serving on this committee.

These awards will be given, in a typical year, at our annual meeting in September. However, this year that meeting will be in October due to the CX3 taking place in Spokane in late September. There is one exception and that is the first Tim Gavin Steelhead Award will be presented on stage with Chris Wood, at CX3, and Tim's immediate family will be invited to the event.

View the awards and criteria

Nominations should be submitted to the State Council no later than August 1st, 2023. Nominating forms can be requested and completed nominations returned with all supportive documents to council@washingtontu.org.

CX3 event held in Spokane 9/27/23 - 10/1/23

CX3 is the new name for Trout Unlimited's National Meeting & this year it's here in Spokane!!

Start Planning Now to Be There!

Volunteers from Spokane Falls Chapter and the WA Council are hard at work helping staff plan the coming

The WCTU is asking Chapters to budget now to help at least one member of your chapter attend this amazing event right here in our state. We won't get this change again for a very long time and it means showcasing what WA Trout Unlimited is all about! The CX3 event will feature fun for all and is a family event. The website is being updated often and will go live soon for registration. So keep checking and visit often to get registered.

Visit the CX3 website.

Our Northwest Youth Conservation and Fly Fishing Academy needs your help!

First - they need your help financing the $500 tuition scholarships for students who cannot afford the camp. A donation of any amount helps ensure that no child gets turned away who wants to attend. Some chapters even choose to sponsor an individual child from their area. Wouldn't it be great if we had youth from around the state this year attending this fantastic camp??

Second- The WCTU is asking every chapter to find 2 TU members to spend one day at the camp volunteering their time, during the week of camp (6/18/23 - 6/24/23). We are calling it the "Gimme Two" Program. This camp, even with only 15 youths attending, is action packed and very busy, and our new directors could really use our help! For more info on what type of help they need, or to learn more ways you might be able to assist at the camp,

For more information visit the NYCFA website.