BOISE, Idaho - Action on behalf of Northwest salmon could be in the works after announcements from the Biden administration, leaders in Washington state and a request to pause litigation over managing dams in the Columbia and Snake Rivers.
Under their agreement, federal agencies, conservation and fishing groups, the Nez Perce Tribe and state of Oregon would put legal challenges on hiatus until July 2022.
Shortly after that announcement, Washington Gov. Jay Inslee and Sen. Patty Murray - D-Wash.- announced a joint federal-state process on Snake River salmon recovery.
Justin Hayes is the executive director of the Idaho Conservation League, among the groups that want to pause litigation.
"Murray and Inslee stepping forward, the administration stepping forward," said Hayes, "it shows that there is a path that the region can expeditiously move on to get to solutions."
In a statement, Inslee and Murray say recommendations for Snake River salmon would be completed by July 31, 2022.
Hayes said the objective of the pause in litigation is so that groups and government entities can work together on long-term solutions for the fish and communities of the Northwest.
Hayes said he believes removing four lower Snake River dams in southeast Washington is key. Hayes and other groups say science backs removing dams as a way to restore salmon to abundance in the region.
He added that the solution also would address issues around tribal justice and the plight of Northwest orcas.
"For us, a comprehensive solution needs to involve dam removal and we're looking forward to having those discussions with the administration," said Hayes.
Hayes said it's important to make sure communities that rely on the services the dams provide, like barging, are made whole. He also noted that the situation has become more and more dire with each passing year as salmon come closer to extinction.
"The region has grappled with these issues for a long time," said Hayes. "There have been lots of studies, and what we need now are decisions and action."
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A recent U.S. Supreme Court decision could affect public lands and wildlife in places like Wyoming.
In June, the nation's highest court overturned a nearly 40-year-old practice known as Chevron deference, which said when it comes to interpreting a vague law, courts should defer to agency expertise instead of interpreting the law themselves.
The practice has given agencies like the U.S. Fish and Wildlife Service, which oversees endangered species, the Forest Service and the Bureau of Land Management flexibility in making decisions on how a vague law plays out. The new decision tilts the scales, giving courts the final say on ambiguous statutes.
Sam Kalen, professor of law at the University of Wyoming, said the decision is far-reaching.
"That means there's going to be more power, more ability of a court to potentially do something that is, you know, against the entire purpose, if you will, even of the Endangered Species Act," Kalen explained.
In the court's majority opinion, Chief Justice John Roberts wrote Chevron kept judges from judging. In dissent, Justice Elena Kagan said it supported "regulatory efforts of all kinds," including those keeping "air and water clean, food and drugs safe, and financial markets honest."
Over the span of four decades, 70 U.S. Supreme Court decisions and 17,000 lower court decisions have invoked Chevron. Kalen noted the new decision could upset old ones.
"What we have seen in the last, I would say, couple of months is a lot of instances where parties are trying to now reargue issues where Chevron was used as a framework in the past," Kalen observed. "To me, that could be significant."
He added it is too soon to tell if revisiting old court decisions will become a trend.
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Beluga whales are known as the "canaries of the sea" for their melodious songs but conservation groups are concerned one pod in Alaska could be rendered silent.
Belugas have lived in the Cook Inlet near Anchorage for centuries but because of a deteriorating environment, they are now on the federal Endangered Species list.
Ragen Davey, Alaska marine representative for Defenders of Wildlife, said the population of the extremely social and vocal Cook Inlet belugas has alarmingly decreased by about 80% since the 1970s.
"They stay in Cook Inlet all year round," Davey explained. "They live under the ice for parts of it. There's so many different threats that are affecting them. The three main ones are noise pollution, water pollution and prey availability."
Davey noted the Beluga whales are experiencing a variety of threats not endangering other whale populations in Alaskan waters. She pointed out their territory in the Cook Inlet is right outside one of the most developed areas of the state.
While orcas and polar bears are the belugas' natural predators, Davey emphasized water pollution and a diminishing salmon population account for much of their decline. And although by law they are no longer hunted by humans, the trappings of modern-day civilization also weigh on their survival.
"When feeding, belugas use echolocation to find food," Davey added. "Parts of their habitat are in a lot of the most developed parts of the state in Cook Inlet, so commercial ships and machinery noise can really impact the whales when they're trying to find food and talk with each other."
The National Oceanic and Atmospheric Administration's Alaska Beluga Monitoring Program trains volunteer citizen observers to monitor the whales at various points along the inlet and report their findings. Davey stressed the extra eyes are needed to count them and keep tabs on the species' progress.
"I really encourage Alaska residents to sign up to volunteer for the monitoring program," Davey urged. "The more people that understand what this population is enduring, the more people that are able to join in on the recovery."
Disclosure: Defenders of Wildlife contributes to our fund for reporting on Climate Change/Air Quality, Endangered Species & Wildlife, Energy Policy, and Public Lands/Wilderness. If you would like to help support news in the public interest,
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The fall migration period for birds is underway, and the nonprofit Defenders of Wildlife is trying to save as many birds as possible.
The Lights Out Texas! campaign encourages building owners, businesses, developers, and homeowners to turn off non-essential lights at night to keep birds from getting disoriented.
Azalia Rodriguez - the Texas representative for Defenders of Wildlife - said as birds fly at night they are attracted to the bright lights, and then collide with buildings during the early morning hours.
"Birds don't understand the concept of glass, they don't understand that it is an invisible barrier," said Rodriguez. "And so when they see glass they will see a tree reflected on the glass, and so they think it's habitat and they'll try to fly into that habitat."
Rodriguez said 70% of the collisions are fatal. It's estimated nearly two billion birds pass through Texas from August 15 through November 30.
Multiple cities in the Austin area, the Dallas-Fort Worth metroplex, the Houston-Gulf Coast area, and El Paso in West Texas, participate in Lights Out Texas!
You can get a real time count of the number of birds flying into a city at birdcast.info.
Rodriguez said building collisions are the second leading cause of bird deaths in the United States.
"One billion U.S. deaths occur for birds from building collisions," said Rodriguez. "It definitely is a huge problem and so it is causing a decrease in our population. Building collisions are actually the number two biggest threat to birds."
Cats are the number one threat to birds.
Peak fall migration dates are between September 5 and October 29. Spring migration dates are March 1 through June 15.
Disclosure: Defenders of Wildlife contributes to our fund for reporting on Climate Change/Air Quality, Endangered Species & Wildlife, Energy Policy, Public Lands/Wilderness. If you would like to help support news in the public interest,
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