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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Sept. 21, 2019)
A3 THE ASTORIAN • SATURDAY, SEPTEMBER 21, 2019 Feds propose major habitat protections for killer whales Waters along the West Coast Gov. Brown drops special session on death penalty bill By CLAIRE WITHYCOMBE Oregon Capital Bureau By SALLY HO Associated Press SEATTLE — U.S. pro- tections for the waters that a group of endangered orcas call home could soon expand beyond the Seattle area to encompass much of the West Coast, from the Canadian border to central California. The National Oceanic and Atmospheric Administration issued a proposal Wednes- day to increase the critical habitat designation for south- ern resident killer whales by more than sevenfold under the Endangered Species Act. Just 73 orcas remain in the Pacifi c Northwest population, the lowest number in more than three decades. They’re struggling with a lack of Chi- nook salmon, their preferred prey, as well as toxic contam- ination and vessel noise. The NOAA proposal calls for an additional 15,626 square miles of federally pro- tected habitat that would run from the border with Can- ada, down south to Point Sur, California. The designation means federal agencies must ensure that activities they pay for, permit or carry out do not harm the habitat, but it does not generally affect approved recreational or commercial activity such as whale watch- ing and shipping, said Lynne Barre, NOAA Fisheries’ recovery coordinator for the whales. “It only affects federal actions, so where there is a federal permit or grant or fed- eral decision, that’s what’s protected,” Barre said. The orcas that return to the inland waters of Washington state every summer are genet- ically distinct from other killer Elaine Thompson/AP Photo Habitat protections for an endangered population of orcas would be greatly expanded under a proposal advanced by NOAA. whale populations around the world and differ from some of the others in eating primar- ily salmon, rather than seals or other marine mammals. The survival of the three orca pods that make up the so-called southern resident population have been under intense scrutiny recently. One orca, known as J35, drew international attention last year as she carried her dead newborn on her head for more than two weeks. The whales were listed as endangered in 2005 after the Center for Biological Diver- sity sued for the status. The following year, NOAA Fish- eries designated Puget Sound as critical habitat, which cov- ered about 2,560 square miles around Seattle. The environmental group sued again last year to force the agency to act on its 2014 petition to expand protec- tions to where the orcas look for food and migrate off the coasts of Washington state, Oregon and California. The group said the pro- tections would help reduce water pollution and restrict vessel traffi c that can inter- fere with the animals. NOAA Fisheries agreed in 2015 that such a move was necessary. Species with critical habi- tat protections like those pro- posed Wednesday are twice as likely to recover, said Julie Teel Simmonds, a senior attorney at the Center for Bio- logical Diversity. The plan is largely in line with what her group has pushed for. “It’s an independent requirement that really focuses on the recovery aspect, so we’re not just try- ing to keep these orcas limp- ing along at 73 individuals,” she said. “We want to see them grow to the point where these protections won’t be needed.” National security con- cerns exempt a large area in and around the U.S. Navy’s Quinault Range Site, which conducts underwater testing in western Washington. The EVENT RENTAL SPACE AVAILABLE potential protection zone also overlaps with tribal fi shing rights in Washington state, but that area is not exempted, said Barre of NOAA Fisheries. Idaho, Oregon and Cal- ifornia were notifi ed of the proposal, though Barre said there hasn’t been offi cial feedback yet. The 90-day public comment period opens Thursday and approval is not expected until at least next year. An economic impact study projects the proposal would create about $68,000 in administrative costs a year. Barre said that num- ber takes into account how federal authorities assess the effect to whales when consid- ering projects and any pos- sible changes to their habi- tat, such as water quality and passageways. “I don’t want to overplay it and create a perception that there’ll be sweeping regu- latory changes,” Barre said. “We’re already analyzing impacts.” Gov. Kate Brown will not call a special session to change a controversial bill limiting the state’s death penalty before the law takes effect on Sept. 29. Senate Bill 1013, which lawmakers approved this year, changed when prose- cutors can charge someone with aggravated murder — the only charge in Oregon for which the death penalty can be sought. During legislative hear- ings, lawmakers support- ing the bill said it wouldn’t apply to old cases where defendants had already been sentenced. But, after the leg- islative session ended, the Oregon Department of Jus- tice said the law could apply to people on Oregon’s death row who have been granted a new trial on appeal. Brown said in late August that she would call a special session if lawmakers could round up support for a change to clarify the law. But by Wednesday evening, it was apparent that there wasn’t enough support for that change, she said. “While it is clear there is a misunderstanding regard- ing the intent of the words in Senate Bill 1013, it is also clear there is not suffi cient support for a special session to pass a fi x,” Brown said in a statement as lawmak- ers wrapped up three days of interim committee meet- ings at the Capitol. “When announcing my support for a special session, I said that it was conditional on stake- holders and legislators craft- ing bill language that had the votes to pass. That has not been achieved. “I cannot justify the addi- The Harbor, Clatsop County’s Advocacy Center For Survivors of Domestic And Sexual Violence And Stalking, Invites You To Our COMMUNITY AND VOLUNTEER OPEN HOUSE Birthdays, Meetings, Corporate Gatherings, etc. Thursday, October 3 Harbor Advocacy Center, 801 Commercial Street, Astoria * LEARN about volunteer opportunities at the Harbor and our trainings beginning in mid October! * DISCOVER what Harbor advocates do every day for our community and how you can help! Indoor capacity of 99 people. Covered outdoor area. Roll up doors for outdoor usage/activities, includes a fire pit, and field use. Tables and chairs available as needed. * MEET other committed, passionate community members with an interest in social justice and changing the world. 5:00 - 7:00 pm Wine and cheese RSVP felicity@harbornw.org or just show up! $ 300 FOR ALL DAY RENTAL Call 503-325-4600 for more information 92937 Walluski Loop Astoria, Oregon Check out our website and Facebook page for 2019 events! WWW.CLATSOPCOFAIREXPO.COM tional cost and time a spe- cial session requires without that support, and I will not be calling the L egislature into a special session this month before the law goes into effect,” Brown said. Late last month, Sen. Floyd Prozanski, D-Eugene, said he sought a change to the law to have it apply only to offenses committed on or after Sept. 29, when the law takes effect. Reached after the governor’s announce- ment, Prozanski said that a special session to pass the tweak had support in the Senate, but not in the House. “When we are faced with these type of situations, we look at it, we measure it, and then if we determine that something needs to be done, that we are willing to put politics to the side and actu- ally fi nish and make certain that the policy we actually passed is actually inter- preted the way we intended it to be,” Prozanski said of his colleagues in the Senate. “We were not willing to play the politics that apparently is being played in the House.” Brown’s announcement was met with criticism from Republicans. “I am disap- pointed the governor did not take the opportunity to call lawmakers into ses- sion to fi x the bungled death penalty bill,” tweeted new House Republican Leader Christine Drazan. “This was a lost opportunity to protect victims’ families, achieve a bipartisan solu- tion and uphold the will of the voters.” Senate Republican Leader Herman Baertsch- iger Jr., of Grants Pass, claimed the bill “will infl ict even more pain on the vic- tims’ families who have already been horribly dam- aged and traumatized.”