News

A Victory for Our Oceans: Federal Court Rules Against Industrial Fish Farming Permits

November 7, 2024 by Nate Irwin

On September 30, 2024, in a major victory for ocean advocates and coastal communities, the U.S. District Court for the Western District of Washington ruled that the U.S. Army Corps of Engineers violated several key environmental laws when it issued Nationwide Permit 56 (NWP 56) in January of 2021. The court found that the Corps violated the National Environmental Policy Act (NEPA), the Rivers and Harbors Act, and the Administrative Procedures Act by failing to properly assess the impacts of industrial fish farms on marine life, water quality, and habitat.

Santa Barbara Channelkeeper was proud to be one of the plaintiffs in this case, joining forces in 2023 with the Quinault Indian Nation, and nonprofits such as LA Waterkeeper, San Diego Coastkeeper, Don’t Cage Our Oceans Coalition, fishing organizations, and others. Together, we challenged the threat posed by unregulated offshore aquaculture in our shared ocean waters—and the courts ruled in our favor.

“This is a vital victory for the future of our oceans,” said George Kimbrell, legal director for the Center for Food Safety and council for the plaintiffs. “The Court’s decision makes clear that federal regulators cannot ignore the significant risks posed by industrial aquaculture and must rigorously analyze them before moving forward.”

Background and Significance

NWP 56 permitted large-scale fish farming structures in federal waters off the coasts of Alaska, California, Washington, Florida, Texas, Georgia, North Carolina, New York, New Jersey, Hawaii, and Virginia. These industrial aquaculture operations, which involve placing net pens and cages in open ocean waters, have been criticized for threatening marine ecosystems, traditional fishing economies, and Tribal Nations’ food security. Despite the U.S. Army Corps of Engineers’ own acknowledgment of the adverse impacts on wildlife and water quality, the agency unlawfully failed to adequately assess these risks when approving the permit.

In its ruling, the court specifically called out the Corps’ failure to connect the “multiple acknowledged adverse impacts” with its conclusion that these impacts would be minimal. The court held that this lack of a “logical bridge” between the risks and the agency’s decision rendered the permit unlawful.

Impacts of Open-Ocean Finfish Aquaculture

Open-ocean finfish aquaculture has been linked to a range of environmental issues, including water pollution, disease transmission, genetic contamination, and habitat degradation. They can also create navigational hazards. Net pens used in aquaculture can severely disrupt delicate ecosystems. These structures can smother benthic habitats and threaten biodiversity. For example, fish farms in the Baltic Sea have degraded local environments, with waste and uneaten feed accumulating on the seafloor, leading to oxygen depletion and loss of species (Hedberg et al., 2018). Around these farms, nutrient levels can spike by up to 500%, contributing to harmful algal blooms and the formation of dead zones (Skarbøvik et al., 2022).

Escaped farmed fish also pose a serious threat to wild populations. In Norway, genetic diversity in wild salmon populations has been reduced by 20% due to interbreeding with escaped farmed fish (Glover et al., 2019). These environmental risks underscore the critical need for strong safeguards to prevent the unchecked expansion of open-ocean finfish aquaculture and ensure the protection of the marine environment.

The legal ruling on NWP 56 marks a significant victory in the effort to protect marine ecosystems, helping to safeguard sensitive habitats from the many negative impacts associated with large-scale aquaculture operations. The court will next decide on a remedy for the unlawful permit.

Looking Ahead in the Santa Barbara Channel

Federal agencies, led by the National Oceanic and Atmospheric Administration, are pushing for the expansion of aquaculture, including a proposal to establish an “Aquaculture Opportunity Area” in the Santa Barbara Channel. While certain forms of aquaculture such as shellfish and seaweed farming may offer environmental benefits, finfish farming poses serious risks. These operations can impair water quality, spread diseases, lead to the escape of farmed fish into natural ecosystems, and significantly reduce important smaller fish populations used as feed.

Channelkeeper has been closely monitoring these developments, advocating for thorough environmental assessments before any aquaculture projects are approved. Channelkeeper is calling for a robust regulatory framework that includes continuous monitoring and strong protections for the marine environment, ensuring that projects do not harm water quality, marine life, or local fishing communities.

Opportunities for the public to provide comments are likely to occur soon. We will keep you posted.

References:

Glover, K. A., Pertoldi, C., Besnier, F., Wennevik, V., Kent, M., & Skaala, Ø. (2019). Atlantic salmon populations invaded by farmed escapees: Quantifying genetic introgression and consequences for local adaptation. Evolutionary Applications, 12(5), 919-930.

Hedberg, N., Kautsky, N., Kumblad, L., Wikström, S. A., & Elwing, H. (2018). Environmental risks associated with offshore fish farming: A Baltic Sea case study. Ambio, 47(3), 387 -396.

Skarbøvik, E., Sample, J. E., & Skogen, M. D. (2022). Impacts of nutrient pollution from aquaculture on coastal water quality. Environmental Science & Technology, 56(4), 2047 -2055.

Channelkeeper Seeks Answers in the Wake of Goleta Slough and Beach Sewage Spill

March 13, 2024 by Santa Barbara Channelkeeper

More than 1 million gallons of untreated sewage spilled from a 24-inch forcemain pipe maintained by Goleta West Sanitary District on February 16 and 17, polluting the Goleta Slough and nearby beaches.

This is the largest spill reported in Santa Barbara County in the past decade. In fact, it is more than 100 times greater than the next largest spill on record—two separate 9,000-gallon spills that affected Cieneguitas and Mission Creeks in the winter of 2023.

Santa Barbara County Public Health Officials have advised that the area from 1 mile east to ½-mile west of the Goleta Slough outfall will remain closed until water testing indicates that it is safe for the public. The area has been posted with signs warning the public to avoid contact with the water because sewage-contaminated water increases the risk for certain types of illnesses. Community members can find updated water quality testing data here on the County on Santa Barbara County’s ocean monitoring web page.

Channelkeeper is alarmed by the massive volume of this spill and shares the community’s concern about the public health impacts to beachgoers and the impacts to the fish, wildlife, and habitats of the Goleta Slough and surrounding ocean ecosystem. We are also interested to learn more about what caused the spill, the breakdown in communications related to the spill, and the delayed public notification of the spill and beach closures.

Goleta West Sanitary District (Goleta West) submitted its initial report to the Central Coast Regional Water Quality Control Board (Regional Water Board) on March 1. It will submit a follow-up technical report about the spill and response by April 4.

On March 4, the Regional Water Board issued a Notice of Violation to Goleta West about the alleged violations to clean water regulations stemming from the spill. The Regional Board is investigating the spill and response.

The spill was caused by a small crack in a 24-inch force main pipe operated by Goleta West. It began on the evening of February 16, was discovered at 8:30 am on Saturday, February 17, and stopped shortly thereafter. We have heard reports that the pipe was significantly corroded with thin walls. Channelkeeper is interested to learn more about the condition of the pipes, results of recent pipe inspections, and why a significant reduction in normal sewage flow through the system wasn’t observed sooner.

A breakdown in critical communications took place among state, county, and local agencies. First, it isn’t clear what was officially reported as the initial estimate of the spill – either 1,000 gallons or 30,000 gallons. However, several days later, the spill was estimated to be 500,000 gallons. On the following day, the total increased to 1 million gallons. We are troubled that the early underestimation of the sewage spill delayed the involvement of other agencies responsible for ocean water testing, beach closures, and wildlife surveys.

Second, it took five days from the start of the sewage spill for the public health agency to become aware of it and then an additional day to close local beaches. This breakdown in communications is unacceptable. Channelkeeper is forwarding ideas for providing prompt and accessible public information about sewage spills and beach closures.

Since the spill, Channelkeeper has attended and provided public comments before the Santa Barbara County Board of Supervisors, Goleta West Sanitary District, Goleta Sanitary District, and Goleta City Council. We have also raised our concerns with representatives of the State and Regional Water Quality Control Boards. We will continue to monitor public meetings and the ongoing investigation. We will continue to work collaboratively with community leaders who share our concerns. We have and will be offering recommendations to put in place preventive measures that our community and public agencies can take to better ensure that something like this doesn’t happen again.

Introducing Chanelkeeper’s New Board President

February 23, 2022 by Santa Barbara Channelkeeper

In November, Channelkeeper’s Board of Directors elected Brad Newton as its new board president and his term began on January 1^st. Brad has served on the board since 2016 and is the founder of Newton Geo-Hydrology Consulting Services, LLC. He has a B.A. in geology, an M.A. in groundwater hydrology, and a Ph.D. in surface water hydrology, and he is a licensed professional geologist with 33 years of experience in environmental consulting. We recently caught up with Brad to learn more about his life-long interest in earth surface processes, his commitment to service, and his plans for supporting the exciting next phase of Channelkeeper’s work.

1. Tell us a little about yourself. Where did you grow up? What interests you?

I’m still growing up and hope it never stops. I was born in Wyoming into a family that has lived in Wyoming for many generations. My youth was spent on the sands of Huntington Beach, California, and I migrated north to Santa Barbara in the early 80s.

2. Was there a defining moment in your life that inspired you to work with water?

My excitement about the earth and earth surface processes was first ignited by a high school teacher named Carol Stadum. She taught geology and invited me to join her class. She took us to fossils digs all over Southern California. She was more than just passionate about geology; she was an outstanding teacher! I joined the Geology Club and became president for one year. I eventually earned my BA in geology at UCSB, but my excitement about hydrology began when I worked in the geothermal energy exploration industry.

3. What excites you about Channelkeeper? Why did you choose to become a board member?

My family elders were always involved in service organizations throughout my life. It has been natural for me to give back to my community. Channelkeeper sparked my interest when one past board president, Tim Robinson, and one current board member and co-founder, Ken Falstrom, began sharing about our mission and inviting me to donate. The Santa Barbara Channel is a globally unique ecosystem of biodiversity and human interaction. Channelkeeper monitors and collects data from the watersheds that provide fresh water and nutrients to the channel, and undertakes other critical activities offshore. As an earth surface processes scientist, the physical processes that impact the health of the channel are well within my expertise, particularly the interface of the terrestrial and oceanic environments.

4. How will your background in hydrogeology influence your role as board president?

As board president, my science background merges with all aspects of the organizational operations. Our staff is world-class, and our board fully supports their efforts and vision. Our board is comprised of individuals with a wide range of expertise, including finance, business operations, legal, science, marketing, and networking. I am so thankful that our Board is fully engaged in contributing their expertise to SBCK. No one person can run the show, and my role may largely be to encourage consensus while utilizing individual contributions.

5. What great things do you hope to accomplish as board president?

Channelkeeper is currently at a pivotal transition. With a new Executive Director, Ted Morton, our staff, and many years of healthy operations, Channelkeeper is poised to look to the distant future and imagine a place regarded globally as a model example of preservation and restoration. The journey there is the focus of our new, to-be-developed, Strategic Plan. As board president, my role is to support the journey for this exciting new phase of Channelkeeper activity.

6. Do you have a favorite aquatic pastime?

I regularly run our local trails, board surf and body surf when there is a swell, fishing, and scuba diving are always fun, as well as sailing and boating. If there is an adventure to be had, I’ll often jump on and enjoy the ride!!

7. If you were a marine organism what would you be and why?

Phytoplankton! Definitely Phytoplankton! Primary production is fundamental to life on this planet, and Phytoplankton is a major contributor to the primary production that supports all life. Besides, “phyto” is a cool nickname.

Governor Newsom’s Drought Declaration Intensifies Water Conservation Measures

October 29, 2021 by Molly Troup

2021 is on track to be the driest year recorded in California since 1924. In October, Governor Gavin Newsom declared a drought emergency for the entire state of California, extending the declaration already active in 50 counties to the eight remaining counties—Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, San Francisco, and Ventura. Under the proclamation, water suppliers are asked to prepare for the possibility of another dry year ahead.

“As the western U.S. faces a potential third year of drought, it’s critical that Californians across the state redouble our efforts to save water in every way possible,” Newsom said.

What Does a State-Wide Declaration Mean?

The drought declaration authorizes California’s water regulators to ban wasteful water use such as spraying down public sidewalks or using potable water in decorative fountains and authorizes the Office of Emergency Services to provide assistance and funding under the California Disaster Assistance Act to support the emergency response and delivery of drinking water and water for public health and safety.

The declaration also requires municipalities to implement their water shortage contingency plans at “a level appropriate to local conditions that take into account the possibility of a third consecutive dry year.”

Currently, all water providers within Santa Barbara County are maintaining their water supply stages at either Stage I or Stage II. Water shortage contingency plans typically include a scale ranging from a normal supply stage with no water supply reductions to Stage 1 through IV or more, with corresponding water restrictions. Each stage defines actions that a municipality will take to address a supply shortage.

Local water agencies encourage community members to use water resources as efficiently as possible.

The City of Santa Barbara’s Enhanced Urban Water Management Plan outlines strategies for managing the City’s water supplies under drought conditions. City staff is currently using the plan to manage local water resources and guide decision-making. They will update the Water Commission and City Council on potential next steps in drought response during the spring of 2022.

Conservation is Key

Although the drought declaration does not include firm water conservation mandates for Californians, it sets the stage for water restrictions in the future. For now, citizens are asked to voluntarily reduce their water usage by 15% as compared to 2020. As the state enters a potential third year of drought, the need to intensify local water conservation efforts is clear.

The State Water Resources Control Board recently reported that on the Central Coast (which includes Santa Barbara), water consumption appears to be moving in the right direction, but more is needed—with urban water use 5.2% less than in August 2020. Ventura County (included in the South Coast region) used 3.1% less water than in August 2020. Because of the severity of the drought conditions and projections for a warmer and dryer La Niña winter, our community needs to do more to reach the conservation goal that the Governor has called for and to ensure that we make water conservation a way of life.

What can you do?

Take your water conservation to the next level. Explore ways to use water more efficiently and further reduce your water consumption. Here are a few ways to intensify your water conservation efforts:

Learn about easy ways to save water throughout your daily routines with better habits like turning the water off while brushing teeth, washing hands, or shaving and washing only full loads in the dishwasher or laundry machine. Set a timer to limit your shower to 5 minutes or less and recycle indoor water use on plants.
Review your household water use with a water audit to see where you can effectively implement conservation measures.
Get a free water checkup for additional help with assessing water usage on your property and ways to save water and money on water bills.
Take a tour of your yard to determine how much water your landscaping really needs, where you can capture rain, disconnect downspouts, and reduce paved or compacted areas that prevent water from penetrating the soil. Check your sprinkler system for leaks and make other irrigation adjustments to stay on track with your water savings. Contact Channelkeeper to purchase a kit that converts a wine or beer barrel into a rain barrel.
Plant a water-wise organic garden and replace water-thirsty plants with drought-tolerant ones. Check for landscaping rebates to help make your yard or garden more water wise.
Check your local city for rebates that are offered for water conservation tools like the Flume Smart Home Water System, high efficiency washing machines, rain shut-off sensors, and much delivery.
Install a greywater harvesting system that diverts water from your washing machine (which would otherwise go to the sewage treatment plant) and reuses it to irrigate outdoor plants and trees.

Welcome Aboard, Ted!

July 21, 2021 by Santa Barbara Channelkeeper

We’re thrilled to welcome Ted Morton as Channelkeeper’s new Executive Director.

Ted brings an impressive list of professional accomplishments and skills, as well as 25 years of experience in ocean conservation.

Ted joins Channelkeeper from The Pew Charitable Trusts, where he directed the organization’s oceans’ programmatic work at the federal level. Prior to that, he directed a campaign to improve the international trade of coral reef wildlife at the Environmental Defense Fund and served as the vice president of organizational effectiveness and operations at SeaWeb. He’s extremely knowledgeable and passionate about environmental conservation and we’re thrilled to work with him to protect our coastal waters.

We took a moment recently to ask Ted a few questions about his interests, his background, and his enthusiasm for preserving the rich wildlife, ecosystems, and water quality in and around the Santa Barbara Channel.

1. What makes you excited to work in our area?

Santa Barbara is such a special place. On a personal level, being involved in protecting the richness of the area–the waters, wildlife, the habitats–is very exciting to me. I’ve worked in ocean conservation for more than 25 years, but primarily in Washington D.C. on efforts to influence policy in agencies and on Capitol Hill. I’ve never had a daily, direct connection to what I was working to protect. It was distant. So being able to work in a community where I can see and appreciate what makes the area so special and the results of protection are really exciting to me. I look forward to helping monitor Goleta streams, joining public education efforts on the Channelkeeper’s boat, and advocating for a healthy, clean Channel, in addition to working with community members who are passionate about the place where we live and work. Channelkeeper does amazing work. I cannot wait to settle in, get started, and build on its record of accomplishments.

2. What are you most proud of? Is there an environmental accomplishment that stands out?

That would probably be the passage of the National Beach Bill. When I first started working at American Oceans Campaign in 1993, it was one of the first projects that were handed to me. It was, go out and build cosponsors. Get members of Congress to sign on saying that they support the bill and would like to see it move. It took time. We made changes. There was a significant public education effort and it involved leading a lot of advocates throughout the country and in Washington D.C. I was persistent in building up support for it and eventually, it did pass with solid bipartisan support in 2000. It was modeled on what California was doing, but took it to a national level. That’s the accomplishment that I’m most proud of because the passage of the National Beach Bill set federal standards for beach water testing protocols and practices.

3. What’s your favorite aquatic pastime?

I love to swim, kayak, snorkel and I enjoy walking along the beach early in the morning or late in the evening. I hope that I’ll find time to take on some new activities in the upcoming year like paddleboarding.

4. Was there a defining moment in your childhood that led you to environmental work?

Yes. It was in college, actually, when I helped form the environmental club at Furman University. I also did an internship during my junior year with the National Audubon Society. I spent 10 weeks in Washington D.C. My supervisor was moving from Utah and didn’t give me enough work to do during the first two weeks so I went up and down the hall and gathered assignments from many different programs, from grassroots volunteer initiatives and endangered species policy to data input on ancient forests in the Pacific Northwest. That was a defining moment that launched me into environmental policy as a career path.

But if you asked my mother, she would tell you that I’ve always been an environmental advocate and that I was really into recycling when I was in elementary school.

5. If you were a marine organism what would you be and why?

I would be a large pelagic fish like a bluefin tuna or a swordfish because they travel long distances and I really enjoy travel. They are also pretty charismatic, fast swimmers, and high up on the food chain.

6. Do you believe that local actions can have a larger global impact?

Absolutely. Local actions show that change is possible and they can inspire people in other places as well. Today, with the internet and social media, we have platforms that allow us to learn about what people are doing all across the world. A local initiative can create meaningful change that can have far-reaching influence. And when other communities implement the same change, it can help inform policy, so that changes can become standard in other areas throughout a county, region, or nation.

If you would like to connect with Ted to personally welcome him, you can reach him at [email protected].