The Kitsap Sun (subscription required) reported on the removal of a partial fish-blocking culvert on Chico Creek, under Kittyhawk Drive. Under the direction of the Suquamish Tribe, the 50-year old culvert is being removed, fully allowing the mouth of the estuary to return to a more natural state.
Removing the Kittyhawk culvert is an important step in restoring the estuary, according to Small and Tom Ostrom, of the Suquamish Tribe, who helped pull together more than $2 million for the project. Replacing the freeway bridge, they said, will lead to an even greater improvement in salmon habitat, supporting increased populations of chum, coho and steelhead.
Work on the Kittyhawk project began earlier this summer with construction of a new driveway punched in from Chico Way. The driveway has a gravel surface, but it will be paved later this year. The driveway provides a new access for residents who previously crossed Chico Creek to get home.
Along with the culvert removal, the project will remove 400 feet of Kittyhawk Drive, built on a raised roadbed. An estimated 10,000 cubic yards of soil will be pulled out of the estuary where it was placed to build the road. That’s more than 1,000 average dump truck loads.
Before the end of September, Chico Creek should be able to flow smoothly out of the freeway culvert and down a gradual slope into Chico Bay, according to John Gaffney, water resources engineer for Anchor QEA. Log structures will be buried downstream of the remaining culvert to ensure that the stream does erode vertically, but Gaffney does not expect that to happen.
Billy Frank Jr. stands on top of a culvert in 2008.
Source: Northwest Indian Fisheries Commission
The Olympian wrote an editorial urging the state to heed a federal injunction to fix fish-blocking culverts:
Imagine you are driving on the freeway, returning from a long trip, longing with all your heart just to be home. Suddenly you are forced to a complete stop because the freeway is broken and you are facing a 10-foot cliff. There’s no way forward, and as cars pile up behind you, no way back.
That’s pretty close to what a salmon experiences when, returning to its native stream from its long journey out to sea, it confronts an impassable culvert under a highway. Every cell in its body is consumed by the desire to go upstream; that is the life goal of every salmon. If it can’t go upstream to spawn, it can’t perpetuate its species.
According to the Washington Department of Transportation, there are 1,987 barriers to fish passage in the state highway system. As of 2013, 285 fish passage projects have unblocked 971 miles of potential upstream fish habitat. But a U. S. District Court injunction has mandated that 1,014 more be corrected by 2030.
Failing to correct culverts that block fish passage violates the treaty rights of tribes whose way of life depends on healthy salmon runs. Treaties are, by definition, the supreme law of the land. We like to think that the days of breaking treaties with Indian tribes are in the past, but the sad fact is we’re stilling doing it – and the result is the same as it has always been: broken treaties threaten the survival of tribal culture and livelihood, as well as the extinction of wild salmon.
Culvert repair is part of the state’s transportation budget – or would be, if the legislature could muster the political will to actually pass a transportation budget, which it has repeatedly failed to do. And even if and when a transportation budget is passed, there will be intense pressure to put the transportation needs of people ahead of the needs of fish and treaty rights.
The Washington Department of Transportation estimates the cost of complying with the federal court injunction – which applies only to tribes in Western Washington – at $2.4 billion, or $310 million per biennium. In the current biennium, they will spend $36 million. At this rate, it will take centuries, not decades, to complete this work.
Secretary of WSDOT Lynn Peterson wryly describes the federal court injunction as “Transportation’s McCleary decision,” a reference to the state Supreme Court order for the Legislature to fully fund public education, even if it means taking truly drastic action, such as closing down other state agencies. When a federal court orders the state to do something – in this case, obey treaties – the state surely ought to heed the injunction.
We understand the Legislature’s dilemma. Voters hate taxes. Legislators like to get re-elected. But when both state and federal courts rule that we’re not meeting our obligations to the next generation of children or of salmon, it ought to be a wake up call.
Both legislators and voters must recognize that it’s time to move beyond our own self-interest, and to do what’s right for our children, the tribes, and the salmon.
The North Star is symbolic of awakening, light, and wisdom. It is the guiding light – especially in dark times- and represents our unified direction for goodness. The 7 rays of the star represent the 7 generations we fight to protect.
The Orca whales represent the coming together of many peoples. Orcas are the guardians of the waters, the protectors, and guardians of travelers. They are a symbol of unity and of goodness.
“Our goodness is our strength.”-Sundance Chief Rueben George
(This image of the North Star was inspired by a carving by Master Carver Tom Paul who gave us his blessing and permission to use it. Tom is from the Coast Salish Nuu-Cha-Nulth Nation. The orca whales were inspired when Sundance Chief Rueben George said that the Sacred Bundle Holder to be used at the International Treaty Signing had an image of a star similar to this one surrounded by two Orcas coming together in unity. Tim Paul, Tom’s father, knew Rueben’s Grandfather Dan George. Artist Heather Elder volunteered her time and beautiful talent to bring this Poster and Symbol together for us.)
Around 6 am this morning, Abby Brockway—an activist, mother, and small-business owner—and a few others set up a tripod on northbound train tracks in Everett and have been blocking a BNSF train carrying Tesoro oil ever since.
“The view up here is beautiful,” she said by phone a few minutes ago. “I saw an eagle.” Police officers arrived on the scene about an hour or so after the tripod went up and have been trying to coax her down (she says they’re claiming that if she descends voluntarily, they’ll go easy on the charges and fines*). Firefighters with long ladders have approached to try and yank her down, but Brockway has a “blackbear” lockdown device that she uses to chain herself to the tripod in between phone calls.
“Lots of big truckers are honking in support, because we’re also here in support of labor unions,” Brockway said after I asked her about a caterwauling noise in the background. “BNSF wants to increase profits by decreasing train conductors and reducing inspections—its business is increasing, so I don’t know why they’d want to cut costs, but they do.” (BNSF has been pushing to reduce train crews down to a single person, which is not only bad for labor, but a potential safety problem—especially when we’re talking about fossil fuels moving through populous areas.)
Brockway and the other activists, many of them affiliated with Rising Tide (you might remember that name from the preemptive visits they were paid by FBI agents last summer) say they’re blockading the oil train for three major reasons:
First, they want to highlight the rapid growth of shipping oil by train—growth that also has been putting farmers in a pinch by delaying shipments of apples, grain, and even coal.
Rising Tide
Second, they want to draw attention to how much money Tesoro devotes to campaign contributions (in our state, Democrat Suzan DelBene and Republicans Doc Hastings, Rick Larsen, and Cathy McMorris Rodgers have fed at that trough) and question whether that money has led to dithering about better regulation of fossil-fuel train shipments. “Governor Inslee is just one of those Democrats who knows what to do, but loves to just keep studying,” Brockway said from her perch. “He needs to take a bolder move for our security.”
Third, they want to highlight BNSF’s attempts to cut down on labor costs by reducing the number of workers on any given train.
Delaney Piper, a spokesperson for Rising Tide, said most of the law-enforcement response has been from the Everett police, but that at least one FBI agent has shown up, as well as an officer covered in police gear but who is wearing no identification and refuses to answer questions.
Piper added that police kicked all of the supporting demonstrators—who, she said, have ranged between 20 and 40 over the course of the day—out of the rail yard, claiming that they had all already been arrested and might be arraigned because the police had taken photos of them trespassing. (That’s a new one—I’ve never heard of arrest-via-photograph before.)
Brockway said she has provisions and plans to stay on top of the tripod for “as long as possible.”
“I’m petitioning our government,” she said. “I’ve tried standing in the streets, writing politicians on climate policy, going to hearings, I’ve never missed an election, I go to lots of marches and rallies, I’ve helped form alliances with tribal people in Washington State and also with railroad labor—they want jobs and we’re not against jobs. But I want jobs that are sustainable and that make sense for this region instead of this carbon bubble, which is the most destructive thing. And when it’s gone, those towns will be ghost towns.”
A recent Tweet from Rising Tide:
* A quick reminder to everyone: Police saying they’ll “go easy” on you in a courtroom is not a binding agreement. Moreover, police don’t actually control what happens in a courtroom—lawyers and judges do. If you’d like to read an extended account of FBI agents and Seattle police officers making promises they can’t keep about court proceedings during an interrogation, see this story. But always, always remember that any given law-enforcement official doesn’t actually have control over what a judge or prosecutor will think or do.
Feb. 25, 1989-Aug. 28, 2014 Cody Joe Dunn was born on February 25, 1989. He went to be with The Lord on August 28, 2014. Cody was a brainiac that was good at whatever he chose to do. He was amazing at his chosen profession which was construction. He loved working with wood and made special gifts for his family. He worked hard at whatever he did. He loved the Seahawks!! Cody leaves behind his mom, Candy Hill-Wells (Lew); his dad, Mike Dunn; his siblings, David Dunn, David Merrill, Nanie Balagot, Michele Balagot (Chris), Sonia SoHappy (George), Steven Gobin (Chandra), Natosha Gobin (Thomas), Michael Dunn, and the Love of his Life, Kathi Johnny, precious Chloe and their son that will arrive in November. Cody was so excited about the coming of his baby son. He leaves behind his aunties, Diane Janes (Bill), Doris Gula (Bill), Linda Hill, Kathy Williams, Sheryl Fryberg (Ray) ,Verna Hill, and special Auntie Marcie from Canada; his uncle, Charles Hill Jr. Cody leaves behind numerous nieces, nephews, and cousins. Cody had a unique and strong personality. He had his stubbornness and his sense of humor that will never be forgotten. Cody will be missed greatly by his family and friends. Cody was preceded in death by his loving grandparents, Howard and Gloria St. Germaine and Charles and Della Hill; his uncles, Teddi Hill, Dennis Hill, and Pat Dunn; his aunties Ella “Puggy” Hill and June Pablo. Visitation will be Tuesday, September 2, 2014 at 1:00 p.m. at Schaefer-Shipman Funeral Home with an Interfaith service to follow at 6:00 p.m. at the Tulalip Gym. Funeral Services will be held Wednesday, September 3, 2014 at 10:00 a.m. at the Tulalip Gym with burial to follow at Mission Beach Cemetery. Arrangements entrusted to Schaefer-Shipman Funeral Home. –
EVERETT, Wash. – About a dozen protesters have blocked railroad tracks at a Burlington Northern Santa Fe yard in Everett.
Railroad spokesman Gus Melonas says some have chained themselves to the tracks. He says the demonstration that started about 6 a.m. Tuesday has blocked freight trains at the yard although the main line remains open.
Everett police spokesman Aaron Snell says officers are standing by. They’ll let BNSF police handle the situation because it’s a trespassing issue.
The demonstration was announced by the group Rising Tide Seattle to protest shipments of oil and coal by train and proposed terminals in the Northwest.
EVERETT, Wash. – People fishing without a license or other minor fishing violations are not being prosecuted in Snohomish County.
The Snohomish County Prosecutor’s Office has told wildlife officers it will no longer prosecute second degree recreational fishing crimes.
That includes violations such as fishing in closed areas, violating limits, illegally hooking, failure to record catches, etc…
Everett Fishing Store owner John Martinis reviewed dozens of cases rejected by the Prosecutor’s Office and said it’s a decision that can lead to serious problems for salmon and crab.
He said the word is out that you don’t need a license to fish in Snohomish County and that will eventually force the end of some fishing seasons.
“We don’t have any fish to waste,” said Martinis, who owns John’s Sporting Goods.
Prosecutors said the decision was made because the State legislature decriminalized minor fishing violations. They said instead of prosecuting misdemeanor crimes, they requested Fish & Wildlife officers write infractions that carry fines but no criminal prosecution.
They also point out their office prosecutes 90 percent of wildlife crimes other than second degree fishing.
State Fish & Wildlife officers report they investigate dozens on second degree fishing crimes during busy fishing days.
Dave Herrera, Skokomish Fish and Wildlife Policy Advisor
Note: Being Frank is the monthly opinion column that was written for many years by the late Billy Frank Jr., NWIFC Chairman. To honor him, the treaty Indian tribes in western Washington will continue to share their perspectives on natural resources management through this column. This month’s writer is Dave Herrera, a Skokomish tribal member who serves as the tribe’s fish and wildlife policy advisor, and who also is an NWIFC commissioner.
By Dave Herrera, Skokomish Fish and Wildlife Policy Advisor
The late NWIFC chairman Billy Frank Jr. left us all many lessons during his time on this earth. One of the most important was also one of the simplest: “Tell the truth.”
But that’s not what the state of Washington is doing when it comes to salmon recovery. You wouldn’t know it from what state government tells us, but the truth is that salmon recovery is failing.
At the center of that truth is the fact that we are losing salmon habitat faster than it can be restored. We cannot recover wild salmon until we stop the bleeding in our watersheds and estuaries.
Another truth is that tribal treaty rights are one of the few things strong enough to stand between all of us and the extinction of wild salmon. We have demonstrated that time and again over the decades.
Most recently, we showed that truth with a victory in the culvert case. We the filed suit in 2001 to force the state to repair hundreds of failing, fish-blocking culverts. These blockages under state roads cut off salmon from hundreds of miles of spawning and rearing habitat. The case was filed as a sub proceeding of the 1974 Boldt decision in U.S. v. Washington that upheld our treaty fishing rights reserved in treaties with the United States.
On March 29, 2013, federal district court Judge Ricardo Martinez confirmed those rights by issuing a permanent injunction. He ordered the state to repair more than 600 of its fish-blocking culverts over the next 17 years. He wanted to “ensure that the State will act expeditiously in correcting the barrier culverts which violate treaty promises.” Martinez noted that funding for the repairs would come from the state’s separate transportation budget, not at the cost of education or other social services.
Judge Martinez clearly ruled that our treaty-reserved right to harvest salmon also includes the right to have those salmon protected so that they are available for harvest. And not only by tribes, but by everyone who lives and fishes in the region.
It’s the same with tribal hatcheries and the 40 million or so salmon they produce every year. Tribal hatchery production makes the pie bigger for all because everyone can harvest those fish.
Without the tribes, the salmon and its habitat would be in far worse shape than it is today. We bring to the table our treaty rights, traditional and scientific knowledge, funding, and a strong cultural commitment to recovering the salmon resource. Everyone benefits from the work we do.
Perhaps most importantly, tribes and our treaty rights bring the rule of federal law to natural resources management. Federal law trumps state law and treaties are protected under the U.S. Constitution as the “supreme law of the land.”
The truth is that tribes aren’t the only beneficiaries of treaty rights. Non-Indians benefit from them as well. Besides sharing the natural resources of the region with the tribes, non-Indians have homes, businesses and schools on lands ceded by the tribes in return for the fishing, hunting and gathering rights tribes reserved in the treaties.
But our treaty rights – and the protection they give to all – are under constant, heavy attack by those who want to close our fisheries, shut down our hatcheries and destroy the salmon’s home. That puts treaty rights at risk for everyone.
We’re all in the same canoe, so let’s tell the truth: salmon recovery is failing. Tribal treaty rights are one of the few things that might keep salmon from disappearing altogether. The tribes will not allow salmon recovery to fail. That is why we must pull together to protect our natural resources and the treaty rights that protect those resources and all of us.
TULALIP — They toured alongside John and Tom Fogerty during the 1960s as the driving rhythm for Creedence Clearwater Revival, and they’ll be performing at the Tulalip Amphitheater Sunday, Sept. 7.
Credence’s original drummer, Doug “Cosmo” Clifford, and bassist, Stu Cook, perform as Creedence Clearwater Revisited — a tribute band.
“We take the music seriously, but we don’t take ourselves seriously,” Clifford said. “It’s a recipe for a good time.”
In 1995 Cook and Clifford formed Credence Clearwater Revisited to pay tribute to their original sound.
Sometime before that, Clifford was living on the Nevada side of Lake Tahoe, and Cook was residing in California. The two thought about relocating to some place in California. When reunited in the same state, Cook and Clifford jammed for a bit but that grew old quickly, and the two committed to a new project.
The project started out small, but grew in popularity and were eventually promoted by a friend.
“We were doing private shows for about three or four months just as something to do,” Clifford said. “The shows went well.”
Now the band tours nationally and internationally for rock and roll and CCR fans.
Though Revisted stays true to its classic sound, the kind of music is still relevant to the “single-digiters,” Clifford said.
“We have more young fans than older fans, and we continue to bring in younger fans,” Clifford said. “We do get a lot of airplay on the classic rock stations.”
Clifford and Cook look forward to spending some time in the Pacific Northwest.
“We certainly have been around the Northwest. It’s a beautiful place,” Clifford said. “There’s lots of rain, and we got the ‘rain song,'” he said, referring to Who’ll Stop the Rain?”
