First Nations unite to fight industrial exploitation of Australia’s Martuwarra

First Nations unite to fight industrial exploitation of Australia’s Martuwarra

This story first appeared in Mongabay.

By

  • The Fitzroy River in the Kimberley region of Western Australia, one of the country’s most ecologically and culturally significant waterways, is facing proposals of further agriculture and mining development, including irrigation and fracking.
  • In response, First Nations communities in the region have developed different methods to promote the conservation of the river, including curating cultural festivals, funding awareness campaigns, and working with digital technologies.
  • First Nations land rights are held along the length of the Fitzroy River, the first time this has occurred across an entire catchment area in Australia.
  • The catchment is the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis) and is home to the threatened northern river shark (Glyphis garricki).

WEST KIMBERLEY, Australia — November marks the end of the dry season in the Kimberley, the northernmost region of Western Australia, the country’s largest state. As the monsoonal rains start to fall, the country comes alive with the cries of red winged parrots (Aprosmictus erythropterus) and the Fitzroy River begins to run.

Stretching more than 700 kilometers (435 miles), the Fitzroy River is one of Australia’s most powerful waterways, a free-flowing system that passes through range, savanna and desert country to empty into the Indian Ocean each year.

Anne Poelina, a Nyikina Warrwa traditional Indigenous custodian of the river, said it’s her duty to care for the Martuwarra, the river’s original and enduring name.

“Martuwarra is a living, ancestral being,” she said. “It has a right to life, to live and to flow. We live by an obligatory law to protect the River of Life. It is the essence of our spirituality, identity, culture and law.”

The river was granted National Heritage Listing in 2011 due to its spiritual, cultural and environmental values. Native title, a federally recognized titling to traditional Indigenous lands and waters, is now held along the entire length of the river, the first time land rights have been held across an entire catchment area in Australia.

The Fitzroy is also the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis). According to a 2019 study, its continued existence in the waters is due to the low level of human disturbance — namely mining and agriculture — compared to other rivers around the world. The authors recommended that any “further anthropogenic disturbance [to the Fitzroy River] should be minimized to maintain what is still a relatively pristine habitat.”

However, on the world’s driest inhabited continent, these life-giving waters are now a source of contention. Currently, agricultural and mining development proposals are being assessed to develop the Fitzroy catchment and the greater Kimberley region.

Such is the cultural significance of the river, that proposals have been met with scrutiny by traditional owners, and have led some to implement methods to preserve the river’s cultural and ecological significance.

Agriculture debate continues as fracking proposals arise

Chief among the industrial proposals earmarked for the Fitzroy are those linked to agriculture. Pastoral opportunities have long been debated in the Fitzroy catchment, with dams unsuccessfully planned along the river since the 1990s. In 2018, however, the incumbent state government pledged that there would be no future dams along the Fitzroy or its tributaries.

Despite this, the future of the Fitzroy remains uncertain. First announced in November 2020, the WA state government is currently assessing the feasibility of allowing up to 300 billion liters (79 billion gallons) of surface water to be taken out of the river each year through irrigation development to grow fodder for livestock. Conservationists say this will affect the flow of the river and, consequently, the diverse and unique ecosystem it supports, with threatened species including the northern river shark (Glyphis garricki), one of the world’s rarest fish.

While the debate rages on over pastoral activities in the catchment, there are other questions being raised about opening up the catchment to hydrofracturing stimulation.

Commonly known as fracking, hydrofracturing stimulation is an extractive process that involves injecting a high-pressure fluid made of sand, water and chemical additives into a drilled well to crack the rock and free natural gas from deep underground.

As much of the Fitzroy catchment sits on the Canning Basin, the largest shale gas reserve in Australia, the region has become a central focus of the federal government to boost the country’s post-COVID-19 economic recovery and strengthen the local energy market.

As Mongabay previously reported, a 2016 moratorium on fracking in WA state was lifted three years ago, allowing fracking in just 2% of the state. Much of that area falls in the western Kimberley, including parts of the Fitzroy catchment. In October 2021, the state government further backtracked on this minor concession and granted an exemption to the policy for an oil and gas company, Bennett Resources.

A subsidiary of Texas mining company Black Mountain Metals, the company has proposed drilling 20 exploratory wells, one of which lies just a kilometer (0.6 miles) from a tributary of the Fitzroy.

Bennett Resources did not respond to requests for comment from Mongabay. However, the company announced that it is seeking to extract up to 900 terajoules (953 million cubic feet) of gas a day once the gas fields peak.

In Australia, companies are able to secure mining leases that incorporate land recognized as native title. Rather than grant First Nations complete autonomy over their land, native title legislation mandates that communities enter into negotiations with mining companies regardless of whether they welcome industry on their land or not. Consequently, mining leases can incorporate the lands of multiple groups divided over development. As such, while the wells proposed by Bennett Resources are located in the territory of one community that has entered into fracking agreements, other groups on the lease either remain opposed to the process or are still undecided.

Roger Cook, the WA minister for state development and deputy premier, did not respond to requests by Mongabay for comment on industrial development in the Fitzroy catchment. However, in October, Cook told national broadcaster ABC that the exemption for Bennett Resources was granted because the project would help build gas pipelines to connect the area to the broader WA energy network.

Just how significant the resulting pipeline will be or whether it will cross native title land or the river itself remains to be seen.

Bennett Resources’ proposal says potential impacts could include contamination of surface aquifers due to well integrity failure. WA’s Environmental Protection Authority is currently assessing the proposal to ascertain whether the catchment will be compromised and the effects on species.

A festival to protect the river

For Joe Ross, director of the Bunuba Dawangirri Aboriginal Corporation, his connections to the river are ancient. An Indigenous Bunuba man whose ancestors come from the area, Ross is a seasoned advocate for the protection of the Fitzroy River catchment. In the late 1990s, he was influential in stopping the damming of the river for irrigation proposals.

In July this year, Ross organized a festival on his ancestral territory of Danggu, also known by its colonial name, Geikie Gorge. Named Yajilarra, meaning “let us dream” in the Bunuba language, the three-day festival included traditional stories told through stage performance. According to Ross, this enabled Bunuba children to interact with their elders and explore their identity.

“The aim of the festival was to celebrate our culture and revitalize our language,” Ross told Mongabay. “In doing so, we were promoting local industry, leadership for our younger people and our connection to country and the river itself.”

Following this, the festival featured a night of music and discussion about the river’s cultural and ecological values, bringing together some of the most influential and powerful individuals and corporations in Australia, including Australia’s richest man, mining mogul Andrew Forrest.

Significantly, Forrest’s investments in the Kimberley in recent years relate to the industrial proposals the Fitzroy catchment now faces. In 2019, Forrest’s privately owned energy company, Squadron Energy, bought into fracking interests in the western Kimberley. And in December 2020, he finalized a deal that saw the purchase of two pastoral stations bordering the Fitzroy River, giving livestock access to the water.

“We are passionate about the unique environment of the Kimberley, and the precious waterway and lifeforce that is the Fitzroy River,” Forrest said in a media statement last year.

“We strongly believe in the principle of balancing the need for sustainable agriculture and job creation for local communities, with the need to preserve culture and heritage sites, while restoring the land and its original fauna to its natural habitat.”

However, shortly after the Yajilarra festival, Squadron Energy abandoned its fracking interests in the Kimberley, calling the move a strategic decision given that the process is at odds with the organization’s climate policy.

For Ross, the festival achieved what it set out to.

“The feedback we have received is that the Yajilarra festival was as good as could be,” he said. “What this shows is that we have the capacity to continue these events, to promote our culture and to build ongoing dialogue about the future of the Kimberley.”

A campaign to encourage public engagement

The Kimberley Land Council (KLC), one of Australia’s most prominent First Nations land rights organizations, has also backed proposals to protect the Fitzroy catchment. Though the KLC is tasked chiefly with advocating for its member communities, taking a stand against disputes is rare given the organization is constantly entering into negotiations with government and industry. However, the KLC’s stance became unequivocable in regards to the future of the river.

Declaring that traditional owners “have never consented to the extraction of water and oppose development of the river and its floodplain,” the KLC encouraged the general public to support the protection of the river. This was done by making submissions to the state government’s call for public consultation titled the “Fitzroy River Water Discussion Paper.”

The KLC followed this through with an awareness campaign that involved running an advertisement in WA’s highest-selling daily newspaper. This resulted in more than 43,000 submissions to the discussion paper, one of the largest results in public feedback for an environmental issue in state history.

According to a media statement by the KLC, the river should be preserved in its current state as a cultural and linguistic landscape.

“The cultural management of the Fitzroy River catchment is a responsibility that traditional owners have had since creation and take very seriously,” said the organization’s CEO. “Traditional owners have not consented to large-scale irrigation extraction processes and want to see the river protected as a healthy and thriving ecosystem.”

New media and digital technologies

When the proposals began, Anne Poelina, an adjunct senior research fellow with the University of Notre Dame, Australia, who focuses on Indigenous environmental policy, was driven to act, given the risks she felt were posed to the river system and beyond.

“The first element that needs to be acknowledged is that we believe these living water systems are already fully allocated,” she said. “Any alteration to the river, the taking of water or the compromising of the catchment, will impact our lifeways, our culture, our conservation and our values.”

Concerned at the potential for industry to hinder the flow of the river and its consequential effects on culture and ecology, Poelina, as executive chair, helped unite six native title nations along the river together to form the Martuwarra Fitzroy River Council (MFRC).

Formed in 2018, the MFRC brought nations from across the river’s reaches into a united body through which to engage with government and industry. Under Poelina, the council used digital technologies to promote the cultural and ecological values of the river, producing multiple films to encourage traditional owners throughout the catchment to promote the multiple values of the river.

Floodplain of the Fitzroy River with Willare and King Sound in the far distance. Image courtesy of Yaru Man via Flickr (CC BY-NC-ND 2.0).

“Digital storytelling has had a remarkable impact,” Poelina said. “We have a global platform from which to discuss our relationship with the river and the response to our work has been overwhelming. We have been asked to address global forums and be a part of multiple film festivals around the world.”

These resources have also helped in the preservation of Indigenous and scientific knowledge. By engaging with scientists and geographers, Poelina has been able to orchestrate studies that have confirmed the ecological, cultural and legal significance of the river country, one of which has included Martuwarra itself as a co-author. This has advanced the argument for legal recognition of the river as a living ancestral being and granting it certain rights.

“We have also used technology to create a whole database of maps, like the water and vegetation types of the river,” Poelina said. “This has helped map and conserve our cultural heritage, our songs and our ongoing, ancestral connection to the Martuwarra.”

Questions for the future

Anthony Ingraffea, the Dwight C. Baum professor of engineering emeritus at Cornell University, told Mongabay there’s no straightforward way to answer how many fracking wells would be needed to produce Bennett Resources’ goal of extracting up to 900 terajoules of gas a day.

Drawing on examples from the United States, Ingraffea said that at a certain rate and with advanced technology, “it would take a few hundred wells to produce 850 million cubic feet a day over a sustained period of time.”

However, he said that in any case, three factors are at play: the length of time for a certain production rate, how quickly the operator can put wells into production, and the quality of the shale gas produced.

“All shale gas wells experience what is called a decline curve of production, that is, the rate of production rapidly decreases over time,” he said.

Ingraffea highlighted a case in Texas in which approximately 2,000 wells were drilled over a cumulative period of six years to produce 850 million cubic feet a day, the same output that Bennet Resources is aiming for.

Given the significance of the Fitzroy River’s aquatic and mineral resources, the future of the catchment will be discussed at all levels of government as the feedback from the Fitzroy River Water Discussion Paper is released and future fracking development is proposed.

Ross and Poelina say they would like to ensure that the ecological and cultural significance of the river to First Nations communities is taken into account in that conversation.

“The Kimberley is one of the last places in the world that has not been taken over by mass industrialization,” Poelina said. “Our people have walked this country since the dawn of time, we know it better than anyone. We want to continue to care for the land as she looks after us.”

Fitzroy River, downstream from Fitzroy Crossing Bridge. Image courtesy of Yaru Man/Flickr.

Citations:

Lear, K. O., Gleiss, A. C., Whitty, J. M., Fazeldean, T., Albert, J. R., Green, N., … Morgan, D. L. (2019). Recruitment of a critically endangered sawfish into a riverine nursery depends on natural flow regimes. Scientific Reports9(1). doi:10.1038/s41598-019-53511-9

RiverOfLife, M., Poelina, A., Bagnall, D., & Lim, M. (2020). Recognizing the Martuwarra’s First Law right to life as a living ancestral being. Transnational Environmental Law, 9(3), 541-568. doi:10.1017/S2047102520000163

Banner image: The Freshwater Sawfish (Pristis pristis) is the most Evolutionary Distinct and Greatly Endangered (EDGE) animal in the world. Its last stronghold is the Fitzroy River catchment. Image courtesy of Peter Kyne/Wikimedia Commons.

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This story first appeared in The Conversation.

By Brian Garvey and Sonia Magalhaes.

The Volta Grande region of the Amazon is a lush, fertile zone supplied by the Xingu River, whose biodiverse lagoons and islands have earned its designation as a priority conservation area by Brazil’s Ministry of the Environment.

But a recent decision by the Federal Regional Court in the state of Pará, Brazil, allows the continuing diversion of water from the Xingu River to the Belo Monte hydroelectric dam complex – rather than to local indigenous fishing communities. This is a disaster for the ecosystems and people of the Volta Grande.

Drowned trees in the midst of a riverbed
Damaged trees as a result of dam construction. Xingu Vivo, Author provided

The ruling, which reversed a temporary order for river diversion to be suspended, means that 80% of Xingu River flow will continue to be diverted away from the communities of Volta Grande. This impedes the main transport route for many indigenous people who live along the river and reduces fish diversity, compromising food security and livelihoods.

The decision also alters the river’s flood and ebb cycles. In addition to their importance for species’ reproduction and agriculture, these cycles guide local social, cultural and economic activity.

A river surrounded by deforested banks
Flooding and deforestation in the region has been linked to the Belo Monte complex. Verena GlassAuthor provided

According to the Federal Public Ministry, which is appealing the decision, this marks the seventh time the superior court has overturned previous legal decisions in favour of the construction and energy corporation Norte Energia, which owns Belo Monte.

Our team carried out research on the dam complex’s impacts in 2017 with the Brazilian Society for the Advancement of Science. We found persistent violations of the rights of traditional communities linked to Belo Monte, especially regarding their forced displacement from areas destined to form the dam’s reservoir.

In response, a spokesperson for Norte Energia said that the company has always operated in compliance with the environmental licensing for Belo Monte, and that all actions undertaken by Norte Energia were evaluated and approved by the environmental licensing agency IBAMA.

Belo Monte

Belo Monte is a hydroelectric complex formed by two dams. The first dam ensures sufficient water flow through the second one for electricity generation.

Marketed as supplying “clean energy”, the complex meets the industrial demands of the southern and north-eastern regions of Brazil. However, this appears to only refer to reductions in emissions, which themselves have been countered by evidence of increased greenhouse gas emissions from dams.

In response to these claims, the Norte Energia spokesperson said that hydroelectric power plants are expected to emit greenhouse gases. These emissions have been considered in Belo Monte’s Environmental Impact Assessment and are being compensated through initiatives including restoring local native vegetation and investments in conservation.

Deforested land under a cloudy sky
The Belo Monte complex under construction. Anfri/Pixabay

What’s more, the complex only generates 40% (4,571 megawatts) of its 11,233 megawatt capacity due to the large seasonal changes in flow rate of the Xingu River. A 2009 analysis predicted that the variability of the river’s flow – that reaches up up to 23 million litres per second under natural conditions – would result in unreliable energy generation and conflict over water use.

Although IBAMA judged in 2019 that efforts to mitigate the dam’s impact were insufficient to prevent marked ecological disruption, it permitted continuing diversion of water in February 2021.

As a result, the annual river cycles that sustained communities for generations have been destroyed along more than 120km of the Volta Grande.

A fisherman we interviewed warned, “These children of ours … won’t have the privileges that we had, and can learn nothing, I guarantee that. There’s nowhere for them now.”

The transformation of the region has resulted in the flooding of areas above the dam and droughts to areas below, as well as significantly decreased fish populations and destruction of fish nurseries.

Two images of fish held in person's hands
Adult individuals of the armoured cat-fish (Loricariidae) endemic to Xingu River show sunken eyes, lesions on the lips and fins, wounds on the skin and loss of teeth. André Oliveira Sawakuchi, Author provided

survey carried out by a team from the Federal University of Para in two areas shortly after the river’s flow was reduced also found the first signs of disappearance of organisms like “sarobal”: a type of vegetation that grows on rocks in the Xingu river bed, fundamental for the reproduction of many fish species.

A fisherwoman explained that sarobal “are resistant plants that when the river is flooded, they are submerged, but they do not die … sarobal has a lot of fruit and fish consume the fruit … I think almost every fish depends on it.”

Research found that these plants can withstand direct solar radiation, extremely high temperatures and cycles of severe drought, making their dwindling presence even more alarming.

An island in the middle of a river
The habitat of the sarobal, a plant vital for many river species. Yuri Silva (CC BY-NC-ND 4.0)

Second project

The exploitation of this stretch of the Xingu River has been exacerbated by a second threat to the Amazonian ecosystem. The planned construction of Brazil’s largest open-pit gold mine within the Belo Monte dam area by Canadian company Belo Sun has been criticised for providing environmental impact assessments that allegedly ignore serious environmental contamination and violations of indigenous rights.

Now, groups campaigning against this project say they are subject to violent threats, although it has not been established who is behind this. A local resident explained to researchers: “Here we feel intimidated. The guys are really well armed, while we work just with our machete and our hoe.”

These claims appear to illustrate the stark power inequities in this region of Pará – the region with the highest number of attacks on indigenous leaders in Brazil in recent years – as well as the broader social consequences of energy creation schemes.

At the time of publication, Belo Sun had not responded to a request for comment on points raised in this article.

Banner image:  International Rivers/Flickr (CC BY-NC-SA 2.0)

Keepers Of The Flame

Keepers Of The Flame

Featured image: Resistance. Acrylic on canvas. 2008. By Travis London. “With the successful devastation of the Washougal River watershed through intense logging and mineral extraction, there was only one thing left to do: install hydroelectric dams. In the early 1920s, construction of a third dam began down river from the outlet of Cougar Creek. The night the dam had been completed it was blown up. Dynamite reduced the structure to rubble and once again the salmon, eels, and crayfish passed unhindered.”

To this day, the Washougal River remains free flowing and supports populations of chum, coho, and chinook salmon, steehead, and cutthroat trout.

Truth

By John McGrath, 2004

Who will be the keepers of the flame,
when shepherds shame their flock and mock
the truth with every new transgression?

Should we be surprised to find a fork in every tongue
of young and old, when those who lead us
feed us daily, lies of such a size
we barely blink at indiscretion any more
from rank deceivers rotten to the core.

Yet some would call them heroes, after all
they’ve said and done
with word and deed, the very need
to justify themselves long gone.

Who will be the guardians of the light?

When might is right and wrongs are sanctified,
when innocence is maimed and sacrificed
in Freedom’s name,

when none will take the blame,
when every lie is truth and truth is lie,
Who then will be the keepers of the flame,

save you and I?


imagee of a satellite dish pointed at the sky

No, we are not going to Mars

A poem about stupid ideas

By Monique Milne

Some philosophers say
You define a thing by the context it’s in.
So, what then … is a polar bear in a zoo?
Or a human on Mars?
Am I the sum of my parts? Something more? Something separate?

They say bacteria are us
Or we have bacteria.
A sterilised planet has no life
Has no bacteria
Bacteria are life.

What do you call a human on Mars, going to Mars, dreaming of Mars?

Is a machine alive?
When every machine and computer rusts
We’ll still be here!
If the Earth turned to rust
No more humans.
Can’t make humans from machines.

LA hipsters know all about machines.
Use them to ‘hack’ your body.
Watch out for cell towers
The illuminati hacking you
Our bodies are meat-suits
That our soul inhabits
Our beautiful natural bodies
Meat Suits!

What part of you is your soul?
What of us is and always will be our body?
Breathing, laughing, crying, blinking
Breathe.
Your feelings are the real you
What does the feeling?

No, your real physical body is immaterial
Better hack your meat suit
Be better looking
Live a lot longer
Your true identity … Martian
Such a spiritual experience.

What ever happened to seeing?
Rejecting our bodies
Rejecting our Earth
Put your meat suit
In a space suit
And fly to Mars
Where you belong.

But you are not an alien
You belong here
You deserve your body.


They

By Jeremiah Potter

They drug them
by their necks
away from the sacred
Fire
to the televisionThey murdered
the buffalo, deer
and bounty itself
to feed them Wonder Bread
and pork

They poisoned their
rivers, streams, lakes
and oceans
to force them to drink
swimming pool water and liquor

They beat them
with Bibles
and the cross
in fear of
the beauty of worshiping the earth

They stole all that
sustained them
to smudge out
their freedom
to tax them
on the land
that was loved and defended-
their land
that can never
be owned or divided

Sitting here by this smokey fire
under the winter dogwoods,
maples, birch and hemlocks,
in the vivid sun,
I divide myself.
As I always have.

Vowing to not be like
they-
colonist thieves, rapists and murderers

I vow not to
bury and squash
what has been,
and still is,
being done.

I vow,
to like them,
love the land and its
Inhabitants.

To turn my shoulder
to what they say
is right and wrong-
things so displaced
from actual honesty.

I vow to stand
against the utter
insanity of they-
in pure want of excess
and unchecked desecration.


Salmon

By Max Wilbert

Seen on a sign
at the Quileute reservation
“the salmon helped us for thousands of years
now it is time for us to help them”

Lummi Battle Atlantic Salmon Spill

Lummi Battle Atlantic Salmon Spill

Featured image: Still from video showing the broken pens of 300,000 Atlantic salmon that escaped from a fish farm off Cypress Island in Washington State. Vimeo/Wild Fish Conservancy

The Lummi Nation, the third largest tribe in Washington State, is in a state of emergency following the structural collapse of the Cooke Aquaculture open net-pen facility near Puget Sound. The breach released more than 300,000 farmed Atlantic salmon into Pacific waters, adjacent to Cypress Island, just east of the Canadian border near Victoria B.C.

State officials announced over the weekend that no new permits would be issued for fish farm operations until the cause of the incident was determined. Lummi Nation Fisheries have been catching thousands of Atlantic salmon alongside wild Pacific salmon for several days, but officials still believe many of the invasive fish are already on their way to spawn in local streams and rivers. Tribal fishermen have hauled in at least 200,000 pounds of invasive Atlantic salmon since the emergency declaration, the Lummi said on Monday August 28.

“This disaster could have devastating effects and could potentially decimate this year’s run of Chinook salmon,” said Lummi Natural Resources Director Merle Jefferson. “This is unacceptable for all residents of the Puget Sound. We are doing what we can to help limit the damage, but as far as we know, containment is indefinite. These invasive fish are going to find our rivers.”

Kurt Beardslee, director of the Wild Fish Conservancy Northwest (WFCN) called the incident an environmental disaster and is preparing to file a civil suit against Cooke Aquaculture under section 505 of the Clean Water Act.

“This dangerous and reckless industry not only threatens the recovery of our native salmon and orca populations but also threatens the health of Puget Sound and the Northwest’s cultural identity,” Beardslee said in a WFCN press release.

Following the failure of the net-pen that contained 305,000 Atlantic salmon, Cooke Aquaculture cited the “exceptionally high tides” caused by the August 21 solar eclipse as the reason for the breech at its facility. In a statement, Cooke Aquaculture said its Cypress Farm #2, which contained the Atlantic salmon, had been in operation for almost 30 years without incident. In addition the company cited its “solid track record” in modern marine farming at several locations across the globe, including facilities in Maine, Scotland, Spain and Chile.

“It is estimated that several thousand Atlantic salmon escaped following a structural failure of part of the net-pen structure on the Cypress Site 2 farm,” Cooke Aquaculture said in the statement. “It appears that many fish are still contained within the nets. It will not be possible to confirm exact numbers of fish losses until harvesting is completed and an inventory of fish in the pens has been conducted.”

However, tides were almost a foot higher last January than on the evening of the solar eclipse, NPR reported. This left Beardslee “bewildered by the company’s claim that the solar eclipse presented a tidal occurrence that they could not have prepared for,” he said.

Emergency maintenance was performed on the Cypress Island net-pens on July 27, which further calls into question the company’s claim that high tides during the solar eclipse were the cause of the facility’s structural failure. Washington State officials released a guide to help fishermen identify the Atlantic salmon and how to contain them if caught. In addition, Governor Jay Inslee put a hold on new net-pen permits “until a thorough investigation of this incident is completed,” he said in a statement.

“Tribes and others who fish Washington waters deserve a comprehensive response to this incident, including answers to what happened and assurances that it won’t happen again,” Inslee said. “I believe the company must do everything it can to stop any additional escapes and to recover as many fish as possible, including adequate compensation for those working to remove Atlantic salmon from our waters.”

The Quinault Indian Nation said this was a good start, but did not do enough to recognize the threat posed by farmed Atlantic salmon, which is being done with profit rather than health in mind.

“We have been objecting to the open-water farming of Atlantic salmon for years,” said Quinault Nation President Fawn Sharp in a statement. “The disaster near Cypress Island seems to have finally generated a strong response from the state. We’re glad about that. But we want the state and the public to know it’s a serious problem here, too.”

North of the U.S.–Canada border, environmental groups in British Columbia are sounding the alarm once again over the farming of non-native Atlantic salmon in Pacific waters, which could potentially devastate an area that still sees some of the largest wild Pacific salmon runs in the world. Watershed Watch Salmon Society, an environmental organization based out of Coquitlam B.C., called the incident “an epic disaster.” They’re asking anglers to be on the lookout for Atlantic salmon in streams and rivers on the southern edge of Vancouver Island and have renewed calls to end the use of fish farms on the Pacific Coast.

Canada’s federal Department of Fisheries and Ocean (DFO) said the Liberal government is taking the case very seriously and is closely monitoring the situation.

“We will be working to understand the potential impacts of this incident and prevent any damage to Canada’s marine ecosystems, said Minister of Fisheries, Oceans and the Canadian Coast Guard, Dominic LeBlanc in a statement. “DFO is communicating with its U.S. counterparts, the National Oceanic and Atmospheric Administration and other U.S. regulators to help ensure impacts from the incident are minimized.”

The recently formed British Columbia New Democratic Party (NDP) government said in an e-mail it was aware of the situation and would be working closely with DFO. So far no Atlantic salmon have been recovered in Canadian waters. However, government officials are asking B.C. residents to report any and all Atlantic salmon caught in Canadian waters through its Atlantic Salmon Watch Program.

British Columbians have been debating the risk of fish farms for decades. Due to conservation efforts and lobbying in the early 2000s, no fish farms are currently operating along B.C.’s North Coast. However, the Cooke Aquaculture breech is renewing calls to shut down all fish farms along the province’s south coast, which have long been opposed by local First Nations.

Over the years First Nations along the south coast of Vancouver Island have repeatedly called for an end to open net-pen fish farms, claiming they breed diseased, unnatural salmon that can transmit viruses to wild populations and hinder First Nations’ ability to operate food fisheries. Union of B.C. Indian Chiefs Vice President Bob Chamberlin said First Nations have a legal right to practice their traditional ways to gather sustenance from the land, including wild salmon.

“If the government of B.C. and Canada continue to ignore the impacts of open net-pen aquaculture on wild salmon, then we are looking to an imminent future without the constitutionally protected wild salmon food source critical to First Nations in B.C., and without a once proud economic driver that our wild salmon fisheries provide to indigenous and non-Indigenous communities alike,” he said.

Following the release to the Aboriginal Peoples Television Network (APTN) of video showing deformed and diseased Atlantic salmon in open net-pens operated by Grieg Seafood, Hereditary Chief Ernest Alfred of the Nagmis, Lawit’sis and Mamalilikala Nations began occupying a facility near Swanson Island near Vancouver Island, planning to stay until the operation is shut down indefinitely.

“This place is ours, and we’re not moving,” Alfred wrote in a Facebook post. “We must stop open-net fish farms in our waters. It’s time to stand up and take a stand.”

The issue undermines attempts at reconciliation between Indigenous Peoples and the Canadian government, Alfred continued.

“You can’t ignore the issue of rights and title, which are clearly being violated here,” said Alfred. “You have politicians traveling the country talking about reconciliation. How can we have reconciliation when we have this disease running through our territory?”

Winnemen Wintu, Fishing Groups Sue to Block Ecosystem-Killing Delta Tunnels

Winnemen Wintu, Fishing Groups Sue to Block Ecosystem-Killing Delta Tunnels

Featured image: Caleen Sisk, Chief and Spiritual Leader of the Winnemem Wintu Tribe, speaks at the Oil Money Out, People Power In rally in Sacramento on May 20. Photo by Dan Bacher.

     by  / Intercontinental Cry

On August 17, a California Indian Tribe, two fishing groups, and two environmental organizations joined a growing number of organizations, cities and counties suing the Jerry Brown and Donald Trump administrations to block the construction of the Delta Tunnels.

The Winnemem Wintu Tribe, North Coast Rivers Alliance (NCRA), Institute for Fisheries Resources (IFR), Pacific Coast Federation of Fishermen’s Associations (PCFFA) and the San Francisco Crab Boat Owners Association filed suit against the California Department of Water Resources (DWR) in Sacramento Superior Court to overturn DWR’s approval of the Twin Tunnels, also know as the California WaterFix Project, on July 21, 2017

”The Winnemem Wintu Tribe has lived on the banks of the McCloud River for thousands of years and our culture is centered on protection and careful, sustainable use of its salmon,” said Caleen Sisk, Chief of the Winnemem Wintu Tribe near Mt. Shasta. “Our salmon were stolen from us when Shasta Dam was built in 1944. “

”Since that dark time, we have worked tirelessly to restore this vital salmon run through construction of a fishway around Shasta Dam connecting the Sacramento River to its upper tributaries including the McCloud River.  The Twin Tunnels and its companion proposal to raise Shasta Dam by 18 feet would push the remaining salmon runs toward extinction and inundate our ancestral and sacred homeland along the McCloud River,” Chief Sisk stated.

The Trump and Brown administrations and project proponents claim the tunnels would fulfill the “coequal goals” of water supply reliability and ecosystem restoration, but opponents point out that project would create no new water while hastening the extinction of winter-run Chinook salmon, Central Valley steelhead, Delta and longfin smelt, green sturgeon and other imperiled fish species

The project would also imperil the salmon and steelhead populations on the Trinity and Klamath rivers that have played a central role in the culture, religion and livelihood of the Yurok, Karuk and Hoopa Valley Tribes for thousands of years.

The tunnels would divert 9,000 cubic feet per second of water from the Sacramento River near Clarksburg and transport it 35 miles via two tunnels 40-feet in diameter for export to San Joaquin Valley agribusiness interests and Southern California, according to lawsuit documents. The project would divert approximately 6.5 million acre-feet of water per year, a quantity sufficient to flood the entire state of Rhode Island under nearly 7 feet of water.

The groups pointed out that this “staggering” quantity of water – equal to most of the Sacramento River’s flow during the summer and fall – would “exacerbate the Delta’s severe ecological decline,” pushing several imperiled species of salmon and steelhead closer to extinction.

Stephan Volker, attorney  for the Tribe and organizations, filed the suit.  The suit alleges that DWR’s approval of the California WaterFix Project and certification of its Environmental Impact Report violates the California Environmental Quality Act (“CEQA”), the Sacramento-San Joaquin Delta Reform Act of 2009, and the Public Trust Doctrine.

“The Public Trust Doctrine protects the Delta’s imperiled fish and wildlife from avoidable harm whenever it is feasible to do so,” according to lawsuit documents. “Contrary to this mandate, the Project proposes unsustainable increases in Delta exports that will needlessly harm public trust resources, and its FEIR dismisses from consideration feasible alternatives and mitigation measures that would protect and restore the Delta’s  ecological functions. Because the Project sacrifices rather than saves the Delta’s fish and wildlife, it violates the Public Trust Doctrine.”

Representatives of the fishing and environmental groups explained their reasons for filing the lawsuit.

“The…Twin Tunnels is a hugely expensive boondoggle that could pound the final nail in the coffin of Northern California’s salmon and steelhead fishery,” stated Noah Oppenheim, Executive Director of the Pacific Coast Federation of Fishermen’s Associations (PCFFA). “There is still time to protect these declining stocks from extinction, but taking more water from their habitat will make matters far worse.”

Larry Collins, President of the San Francisco Crab Boat Owners Association, stated, “Our organization of small, family-owned fishing boats has been engaged in the sustainable harvest of salmon and other commercial fisheries for over 100 years.  By diverting most of the Sacramento River’s flow away from the Delta and San Francisco Bay, the Twin Tunnels would deliver a mortal blow to our industry and way of life.”

Frank Egger, President of the North Coast Rivers Alliance, stated that “the imperiled salmon and steelhead of the Sacramento and San Joaquin Rivers are one of Northern California’s most precious natural resources.  They must not be squandered so that Southern California can avoid taking the water conservation measures that many of us adopted decades ago.”

Chief Sisk summed up the folly of Brown’s “legacy project,” the Delta Tunnels, at her speech at the “March for Science” on Earth Day 2017 before a crowd of 15,000 people at the State Capitol in Sacramento.

“The California Water Fix is the biggest water problem, the most devastating project, that Californians have ever faced,” said Chief Sisk. “Just ask the people in the farmworker communities of Seville and Alpaugh, where they can’t drink clean water from the tap.”

“The twin tunnels won’t fix this problem. All this project does is channel Delta water to water brokers at prices the people in the towns can’t afford,” she stated.

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The lawsuit filed by Volkers joins an avalanche of lawsuits against the Delta Tunnels. Sacramento, San Joaquin and Butte Counties have already filed lawsuits against the California WaterFix — and more lawsuits are expected to join these on Monday, August 21.

On June 29, fishing and environmental groups filed two lawsuits challenging the Trump administration’s biological opinions permitting the construction of the controversial Delta Tunnels.

Four groups — the Golden Gate Salmon Association (GGSA), the Natural Resources Defense Council (NRDC), Defenders of Wildlife, and the Bay Institute — charged the U.S. Fish and Wildlife Service and National Marine Fisheries Service for violating the Endangered Species (ESA), a landmark federal law that projects endangered salmon, steelhead, Delta and longfin smelt and other fish species. The lawsuits said the biological opinions are “arbitrary, capricious, an abuse of discretion.”

On June 26, the Trump administration released a no-jeopardy finding in their biological opinions regarding the construction of the Delta Tunnels, claiming that the California WaterFix “will not jeopardize threatened or endangered species or adversely modify their critical habitat.” The biological opinions are available here: www.fws.gov/…

Over the past few weeks, the Brown administration has incurred the wrath of environmental justice advocates, conservationists and increasing numbers of Californians by ramrodding Big Oil’s environmentally unjust cap-and-trade bill, AB 398, through the legislature; approving the reopening of the dangerous SoCalGas natural gas storage facility at Porter Ranch; green lighting the flawed EIS/EIR documents permitting the construction of the California WaterFix; and issuing a “take” permit to kill endangered salmon and Delta smelt in the Delta Tunnels.