“Being Frank” Cooperation helps us survive

 

Lorraine Loomis, a Swinomish tribal member, is chair of the Northwest Indian Fisheries Commission and fisheries manager for the Swinish Tribe.

 

By Lorraine Loomis, Chair, Northwest Indian Fisheries Commission

 

I am glad that the treaty tribes in western Washington were finally able to reach agreement with the state on a package of conservative salmon fisheries for Puget Sound. It took more than a month of overtime negotiations to make it happen, but cooperative co-management showed us the way.

Western Washington is unique because 20 treaty Indian tribes and the state Department of Fish and Wildlife jointly manage the salmon resource and share the harvestable number of fish returning each year.

That job was a lot easier when there were more fish to go around. But salmon populations have been declining steadily for decades because their habitat is disappearing faster than it can be restored. Salmon returns the past couple of years – especially coho – have taken a sharp turn for the worse.

Some say just stop fishing and that will fix the problem. It won’t. From birth to death, habitat is the single most important aspect of a salmon’s life. As the habitat goes, so go the salmon and tribal culture and their treaty fishing rights.

For millions of years, salmon were abundant in western Washington. Their sheer numbers, naturally high productivity and good habitat provided resiliency from the effects of disease, drought and a host of other environmental factors. We must rebuild that resilience.

As salmon populations grow smaller, management becomes increasingly difficult, and the co-managers struggle to divide a steadily shrinking pie. We must make the pie bigger.

The non-stop loss of salmon habitat in western Washington must be halted so that our habitat restoration efforts can successfully increase natural salmon production. In the meantime, we need to rely on hatcheries to provide for harvest and help offset the continuing loss of habitat.

We also must build resiliency in the co-manager relationship created by the 1974 ruling in U.S. v. Washington that upheld tribal treaty-reserved rights and established the tribes as salmon co-managers.

We remember the bad old days of the late ’70s and early ’80s when the tribal and state co-manager relationship was new and mistrust ran deep. We spent a lot of time, money and energy fighting one another in federal court hearings rather than focusing together on the resource.

Things didn’t begin to change until former state Fish and Wildlife director Bill Wilkerson said enough was enough and sat down with the late NWIFC Chairman Billy Frank Jr. The result was the birth of cooperative co-management in 1984 which led to the annual development of agreed fishing plans that allowed the tribes and state to focus on managing the fish instead of fighting each other in court.

This year, for the first time in more than three decades, the tribal and state co-managers failed to reach agreement on a joint package of Puget Sound salmon fisheries within the North of Falcon process timeframe. Instead we developed separate fishing plans for consideration by NOAA Fisheries under their ESA authority.

But in the true spirit of co-management, we kept the door open to further negotiations, and it worked. We weathered the storm together and we are stronger for it.

We know our relationship will be tested again in the years to come. But this year has shown us that we can survive those challenges as long as we keep cooperation at the heart of co-management.

NPLCC Seeks Tribal Climate Change Management Intern 

Special Announcement from the North Pacific LCC

In partnership with the Affiliated Tribes of Northwest Indians (ATNI) and Indian Affairs Northwest, the North Pacific Landscape Conservation Cooperative (NPLCC) is pleased to announce a tribal climate change management internship opportunity working in our Olympia, WA office.In addition to the NPLCC position, there are 5 other tribal climate change research and management opportunities with ATNI and Bureau of Indian Affairs in Oregon and Washington. These paid internships will last 13 weeks over the summer months and candidates must currently be enrolled in graduate or undergraduate degree programs. Candidates will be considered from a range of academic backgrounds including public affairs, social policy, legal, engineering, environmental science, environmental management, or similar degree.

 

The intern selected to work with the NPLCC will assist in collaboration with area Tribes and First Nations to understand and adapt to our changing environment. Specific tasks include:

  • Planning and support of a regional Tribe/First Nation Committee gathering
  • Assisting NPLCC Science/Traditional Ecological Knowledge and Communication staff and subcommittees in improving how we connect with our Tribe and First Nation partners
  • Develop strategies that improve coordination between the NPLCC and other forums that engage tribes on climate-related topics
  • And much more!

This partnership offers the NPLCC a great opportunity to strengthen our engagement with Tribes and First Nations and we look forward to choosing a dynamic applicant.

Tribes prevail, kill proposed coal terminal at Cherry Point

The U.S. Army Corps of Engineers sided with Northwest tribes Monday in a decision to block the largest proposed bulk-shipping terminal in North America at Cherry Point.

 

Lummi hereditary chief Bill James, on the beach at Cherry Point, says saving it is to preserve "the tribe's very way of life." It's the site of an ancient Lummi village. (Alan Berner/The Seattle Times)
Lummi hereditary chief Bill James, on the beach at Cherry Point, says saving it is to preserve “the tribe’s very way of life.” It’s the site of an ancient Lummi village. (Alan Berner/The Seattle Times)

 

By Linda V. Mapes, Seattle Times 

The Lummi Nation has prevailed in its fight to block the largest coal port ever proposed in North America, at Cherry Point.

The U.S. Army Corps of Engineers, the agency reviewing permits for the deep water port project, agreed with the tribe Monday that it could not grant a permit for a project that would infringe on the Lummi Nation’s treaty-protected fishing rights.

The 34-page decision was celebrated by community groups and tribes all over the Northwest that opposed the coal port.

The developer, SSA Marine of Seattle, declared the decision “inconceivable” and political, rather than fact-based. Bob Watters, SSA senior vice president and director of business development, said the company was “considering all action alternatives.”

But legal experts said far from outlandish, the decisionfollowed federal obligation to protect tribal treaty rights and the habitat that makes those reserved rights meaningful.

“This is based on a long line of precedent,” said Robert Anderson, director of the Native American Law Center at the University of Washington School of Law. “You can’t have a right to fish without a decent environment.”

Lummi fishing rights and the associated habitat are property rights protected against interference by states, the federal government and private parties, Anderson noted.

Tim Ballew II, chairman of the Lummi Indian Business Council called the decision “a big win for Lummi and for treaty rights and for Indian Country.” The tribe argued the project was a killer for its crab fishery and would thwart rebuilding the herring run that was once the prize of Puget Sound.

The terminal would have brought some of the largest ships afloat into the usual and accustomed fishing waters of the Lummi up to 487 times a year to load and unload bulk commodities, principally coal, bound for Asian ports.

The project touched a nerve on both sides of the border among communities fighting coal and oil transport projects — none larger than the port proposed for Cherry Point, the last undeveloped bit of shore on a deep-water cove, between a smelter and two oil refineries.

The Lummi fought the project from the start. The tribe was opposed not only to increased vessel traffic and risk of pollution from the project, but any disturbance of the site of one of its oldest and largest villages and burial grounds, upland from the proposed shipping terminal.

Promises by the developer to minimize and scale back the landside footprint of the project did not interest the Lummi, who argued the project could not be mitigated.

While SSA voiced shock at the decision, some industry analysts said it merely put a project that was never going to be economically viable out of its misery.

“This is like cutting the head off a zombie; it stopped making economic sense years ago, and now it’s officially dead,” said Clark Williams-Derry, director of energy finance at the Sightline Institute in Seattle. With coal prices in a long slide and no recovery in sight, the project had no financial future, Williams-Derry said.

“They have no market for the coal,” agreed Tom Sanzillow, based in New York as the director of finance for the Institute for Energy Economics and Financial Analysis, a nonprofit think tank. Coal-export projects are “wasting a lot of investor capital and people’s time,” he said.

The campaign against the project was hard-fought and its foes implacable. Brian Cladoosby, president of the National Congress of American Indians and chairman of the Swinomish Indian Tribal Community in La Conner, called coal “black death,” and vowed tribes would fight the project to the end.

Cladoosby said Monday, “Today was a victory not only for tribes but for everyone in the Salish Sea. I hope we are reversing a 100-year trend of a pollution-based economy, one victory at a time.”

Tribal opposition to the project from around the region was good news for citizens from Seattle to Bellingham and beyond, noted Cesia Kearns, based in Portland as deputy regional director of the Beyond Coal campaign for the Sierra Club. “Protecting treaty rights also protects everyone who calls the Salish Sea home. I feel just an incredible amount of gratitude,” she said.

Mel Sheldon, chairman of the board of directors for the Tulalip Tribes, which also have treaty-reserved fishing rights at Cherry Point, said the port would have taken away a way of life not only for those who fish, but for tribal and nontribal residents who treasure the environment. “This is a journey we are all on.”

The decision was made by the Seattle District commander, Cmdr. Col. John Buck. If in the future the Lummi withdrew their opposition, SSA Marine can restart the permitting process, the corps noted.

But Ballew made it clear that is not on the table.

“We have always made our treaty rights and protection of the Ancient Ones our first priority,” Ballew said. “And we always will.”

 

 

 

Environmental warriors team up for Tulalip Mission Beach project

Photo courtesy of Puget Soundkeepers
Photo courtesy of Puget Soundkeeper

 

By Kim Kalliber, Tulalip News

The world is beginning to see the physical effects of climate change in the shape of melting ice glaciers, rising sea levels, declines in animal species and changes in weather. Humans, while causing this change, can also be the cure. Through trimming our waste, recycling, and being more energy efficient, we can reduce our carbon footprint.

The folks at Puget Soundkeeper, an environmental group that works to protect and preserve the Puget Sound, teamed up with the Tulalip Tribes and Sno-King Marine Mammal Response, who promote respect of the marine environment, to host a community cleanup at Mission Beach in celebration of Earth Day.

The focus of the April 23 Mission Beach cleanup was to clear debris found along the shore and remove a noxious weed called Scotch broom.

“Each plant can dump thousands of seeds on the ground and they remain viable for 30 years or more. It grows fast and crowds out other native plants,” explained Julia Gold, Tulalip Tribes Natural Resources. “Over the last 3 years since the homes were removed from the beach, tidal action has formed a small dune on the upper beach and native willows, rushes and dune grasses are establishing themselves. But Scotch broom seeds are arriving quickly and have formed 10-foot high thickets in three short years.  So for the Tulalip Natural Resources Department, removal of the Scotch broom is a high priority.  The dune environment is a very important food source for young salmon coming from the Snohomish River. They look for cover in the nearby eelgrass beds and feed near the shore during high tide.”

 

Photo courtesy of Puget Soundkeepers
Photo courtesy of Puget Soundkeepers

 

Puget Soundkeeper were looking for a beach clean project, and since the Tribe hosts one or more Earth Day events each year, they chose Mission Beach out of a dozen potential project sites.

Andy Gregory, Pollution Prevention Director for Puget Soundkeeper, explained the devastating affects marine debris has on the world’s oceans and how it impacts habitat and wildlife in critical and sensitive water bodies such as the Snohomish estuary adjacent to Mission Beach.

“Just below the low-tide line at the beach is critical Eel Grass habitat used by forage fish and juvenile salmon,” said Gregory. “Marine debris, and especially micro-plastics, can contaminate this habitat and enter the food chain where they become toxic to fish and the humans or marine mammals that consume them.”

Tulalip tribal members and community members, along with the two environmental groups, worked together to create change, to help the environment and protect its wildlife for us, for Mother Earth, and for our future generations.

Earth Day_mission-1

 

“With the help of over 20 volunteers we removed 353 pounds of debris and a pile of Scotch broom that was bigger than my VW bus!” exclaimed Gregory.

“This work is both challenging and rewarding, while it can be frustrating to see trash carelessly left on the beach or shoreline, it is very satisfying to see such a group of enthusiastic volunteers happy to do their part to clean up. When we showed up in the morning, it was cold and stormy with a strong wind and intermittent rain. As we began to work, the clouds cleared and the sun came out. One of the girls from the tribe said, ‘The sun came out because our ancestors are happy with the good work we’re doing.’ I am humbled to be part of this important work.”

Earth day-mission-1

 

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Climate Change and Health: What Everyone Needs to Know, May 14

 Dr. Ken Lans will speak about global climate change and its health effects at 2 p.m. Saturday, May 14, 2016 in the Everett Public Library Auditorium, 2702 Hoyt Avenue in Everett. 
 
Lans argues that we are already seeing health (and monetary) costs from heat waves and storms and from their resultant fires, floods, and droughts. He will also explore less-obvious health dangers like spreading infectious diseases, conflicts arising from food and water shortages, movement of climate refugees, and air-pollution’s role in aggravating existing conditions like heart disease, asthma, and other respiratory illness. He will end his presentation by talking about how concerned citizens can help forestall these dangerous health threats by aiding efforts to reduce our dependence on fossil fuels. 
 
Ken Lans, MD, MBA is a retired general practice physician and founding board member (in 1979) of Washington Physicians for Social Responsibility (WPSR), an organization of healthcare professionals committed to enhancing socially just and life-enhancing policies regarding nuclear issues, climate change, environmental toxins, and other risks to human health. He is a Climate Leader with the Climate Reality Project, a non-governmental organization whose mission is  to “catalyze a global solution to the climate crisis by making urgent action a necessity across every level of society.”
 
For further information, please call 425-257-8000.

Being Frank: Poor coho returns demands caution

 

By LORRAINE LOOMIS, Northwest Indian Fisheries Commission 

 

There likely will be no coho fisheries in western Washington this year as returns are expected to plummet even further than last year because of poor ocean survival.

Coho returns in 2015 were as much as 80 percent below pre-season forecasts. The Nisqually Tribe canceled its coho fishery when fewer than 4,000 of the 23,000 fish expected actually returned. The same story was repeated in many Tribal fishing areas.

That’s why western Washington treaty Tribes are calling for greater caution in fisheries management planning this year and more equitable sharing with the state of the responsibility for conservation. It is important that we have agreement on in-season management methods and actions before the season starts.

Unlike sport fishermen who can go where fishing is best, Tribal fishermen are bound by treaty to traditional fishing places located mostly in terminal areas — such as rivers and bays — that are the end of the line for returning salmon.

Every year, we must wait and hope that enough fish return to feed our families and culture. Faced with low catch rates last year, however, most Tribal coho fisheries were sharply reduced or closed early to protect the resource. The state, however, expanded sport harvest in mixed stock areas last year to attempt to catch fish that weren’t there.

That’s not right. The last fisheries in line should not be forced to shoulder most of the responsibility for conserving the resource.

Making matters worse, lack of monitoring by federal fisheries managers last year allowed Southeast Alaska commercial fishermen to exceed their harvest quota by more than 100,000 chinook. Most of those fish were bound for Washington waters.

Coho salmon that managed to make it back last year showed frightening effects of poor ocean conditions. Most were 20 to 30 percent smaller than normal. Females returned with about 40 percent fewer eggs. That will likely result in lower natural and hatchery production and fewer fish in the future.

Right now, what salmon need is plenty of good habitat to increase stock abundance and build resiliency to survive the impacts of climate change and poor ocean conditions. Sadly, salmon habitat continues to be lost and damaged faster than it can be restored, threatening the future of the salmon and tribal treaty-reserved harvest rights.

Fisheries management is about the future, and the future doesn’t look good for salmon if we don’t reverse the trend of habitat loss and damage. Perhaps most of all we need a commitment from state and federal fisheries managers that the same high conservation standard that Tribal fisheries are held to will be applied to all other fisheries. That includes making the tough decision to close some fisheries to protect returning salmon for everyone.

 

— Lorraine Loomis is chairwoman of the Northwest Indian Fisheries Commission. Commission members include the Port Gamble S’Klallam Tribe and the Suquamish Tribe.

Cities, counties and tribes seek limits on oil and coal shipping

By Chris Winters, The Herald

 

EVERETT — Oil train explosions might grab headlines, but there are a number of other issues surrounding the shipment of fossil fuels that are bringing a diverse group of local leaders together.

SELA, the Safe Energy Leadership Alliance, is providing a forum for local leaders to work together to protect their communities from the negative effects of rising shipments of oil and coal.

More than 150 public officials are listed as members, including mayors and city council members from many Pacific Northwest cities that lie on major rail lines, such as Edmonds, Mukilteo, Everett and Marysville.

SELA’s latest meeting, the sixth since the group was established, included several tribal leaders, uniting native and non-native leaders around a common interest.

“I think this is one of the first initiatives that brings us all together,” said Tulalip Tribes Chairman Mel Sheldon Jr., who attended the Feb. 4 meeting at Everett Community College.

King County Executive Dow Constantine organized SELA a year and a half ago, and the group’s influence now extends into Oregon, Idaho, Montana and British Columbia.

A regional organization is needed to counter the power that international oil, coal and railroad companies have, he said.

“Local elected officials acting individually won’t be able to have an impact on the global or national issues,” Constantine said.

And yet, local communities bear the effects of those same industries, whether it’s the risk of oil spills or fires, coal dust blowing out of passing hoppers, or even traffic jams in cities such a Marysville with a high number of at-grade crossings.

For Tim Ballew, chairman of the Lummi Nation, the issue hit home when SSA Marine applied to build the new Gateway Pacific coal terminal at Cherry Point, close to the Lummi Reservation.

The Lummi were joined by several other tribes, including Tulalip and the Swinomish Indian Tribal Community, in opposing the project.

Ballew told the SELA attendees that effects of increased shipping on native fishing grounds as well as the development of the terminal in an area of spiritual and archaeological significance present a challenge to the tribe’s treaty rights.

“At the heart of the issue, with all of these negative impacts that will come to our community and compromise the integrity of the place we live in, the benefits won’t really go to the people,” Ballew said.

The U.S. Army Corps of Engineers is expected to issue a ruling soon on the project’s permit.

Keeping the focus on a single issue has allowed SELA to transcend partisan boundaries, too, Constantine said.

Tribes seek to protect their treaty rights, cities fear derailments and traffic blockages, and rural communities find that fossil fuels are taking up more rail capacity and squeezing out agricultural products.

One 2012 study by the Western Organization of Resource Councils predicted that rail traffic of wheat, corn and soybeans will have to compete with coal and oil for space on trains, resulting in longer delays in getting to market. There were 38.3 million tons of agricultural products shipped to Asia through Pacific Northwest terminals in 2010.

“Farming and ranching and orchards are tough enough businesses without piling on the added burden of getting goods to market,” Constantine said.

David Browneagle, vice chairman of the Spokane Tribe of Indians, pointed out that pollution ultimately doesn’t discriminate who it affects.

“Coal dust will go into all our lungs together,” Browneagle said. “It’s not going to come off the train and say ‘Hmm, that’s an Indian, so I’ll go in him.’ ”

He added his great-great grandfather tried and failed to prevent the railroads from arriving in Indian Country, but that it’s a good thing that this group was doing something now to push back.

Megan Smith, director of Climate and Energy Initiatives in Constantine’s office, has been tracking progress and the public comment windows of new terminal projects in the northwest, as well as coordinating those comments from a large number of local officials.

So far, SELA members have sponsored successful legislation in Olympia, in the form of tougher safety regulations on oil trainsas well as in Oregon, which has enacted a similar law, Smith said.

The work won’t stop at Cherry Point or with a few state laws. Another proposal, the Tesoro Savage oil terminal in Vancouver, Washington, will enter the environmental review stage possibly by the end of the year, said Beth Doglio, the campaign director of the environmental nonprofit Climate Solutions.

Tesoro Savage could become the largest terminal on the West Coast, Doglio said. The oil and coal boom is fueling interest in other projects all over the country.

“We are definitely a movement together that has been very strong, very clear in the message that this is not what we want in the state of Washington, Oregon, Idaho, Montana, and North Dakota,” Doglio said.

Tulalip Chairman Sheldon said SELA is helping different groups learn to work together and trust each other. That may lead to identifying other common interests.

“When you get leaders coming together with good issues, issues that bond us together, that to me really is the formula for success,” he said.

State still obstinate on tribal rights; fix culverts to save salmon, now

The money, time and effort spent denying tribes their rights could be far better spent on salmon recovery.

 

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By  Lorraine Loomis, Special to The Seattle Times

THE state of Washington should end its long, failed history of denying tribal, treaty-reserved fishing rights and halt its appeal of a federal court ruling requiring repair of hundreds of salmon-blocking culverts under state roads.

Instead, the state should embrace the court’s ruling, roll up its sleeves and work with tribes to end the spiral to extinction in which the salmon and all of us are trapped.

The money, time and effort spent denying tribes their rights could be far better spent on salmon recovery. More salmon would mean more fishing, more jobs and healthier economies for everyone.

The appeal stems from Judge Ricardo Martinez’s 2013 ruling that failed state culverts violate tribal treaty rights because they reduce the number of salmon available for tribal harvest. Martinez gave the state 15 years to reopen 90 percent of the habitat blocked by its culverts in Western Washington. More than 800 state culverts thwart salmon access to more than 1,000 miles of good habitat and harm salmon at every stage of their life cycle. The state has been fixing them so slowly it would need more than 100 years to finish the job.

Lorraine Loomis, a Swinomish tribal member, is chair of the Northwest Indian Fisheries Commission and fisheries manager for the Swinish Tribe.
Lorraine Loomis, a Swinomish tribal member, is chair of the Northwest Indian Fisheries Commission and fisheries manager for the Swinish Tribe.

The U.S. government filed this case in 2001 on behalf of the tribes. It is a sub-proceeding of the U.S. v. Washington litigation that led to the landmark 1974 ruling by Judge George Boldt. His decision upheld tribal, treaty-reserved rights and established the tribes as co-managers of the resource with the state of Washington.

Martinez ruled that our treaty-reserved right to harvest salmon also includes the right to have those salmon protected so they are available for harvest.

Our right is meaningless if there are no fish to harvest because their habitat has been destroyed. Today, we are losing the battle for salmon recovery because habitat is being lost faster than it can be restored.

The state argues that the treaties do not explicitly prohibit barrier culverts. But treaty rights don’t depend on fine print, they depend on what our ancestors were told and understood when the treaties were signed. They would never have understood or agreed that they were signing away the ability of salmon to get upstream.

The state claims that fixing its culverts is a waste because there are other barriers on the same streams and other habitat problems that need attention. But state biologists testified that passage barriers must be removed if salmon are to recover. State culverts are often located on the lower reaches of the rivers, and are the key to restoring whole watersheds.

 

Other road owners are doing their part. Under state law, timberland owners will fix all their barriers by this fall. Hundreds of other culverts have also been fixed. The state’s “you first” approach would mean no progress at all.

The state argues that a tribal victory would open a floodgate of litigation from the tribes on any state action that could harm fisheries.

But Judge Martinez ruled that the state’s duty to fix its culverts does not arise from a “broad environmental servitude,” but rather a “narrow and specific treaty-based duty that attaches when the state elects to block rather than bridge a salmon-bearing stream.”

 

A culvert’s waters lead to Mosquito Lake near Deming, in 2007. (Alan Berner/The Seattle Times)
A culvert’s waters lead to Mosquito Lake near Deming, in 2007. (Alan Berner/The Seattle Times)

 

During the Fish Wars of the 1960s and ’70s, tribal fishermen were arrested, beaten and jailed for exercising treaty-reserved rights. The beatings and arrests may have stopped, but the state has never stopped challenging tribal treaty rights, even though they have been upheld consistently by the courts.

Reserving the right to fish so that we can feed our families and preserve our culture was one of the tribes’ few conditions when we agreed to give up nearly all of the land that is today Western Washington. The treaties our ancestors signed have no expiration date and no escape clauses.

 We have upheld our promise and have honored the treaties. The state of Washington should do the same.
Lorraine Loomis, a Swinomish tribal member, is chair of the Northwest Indian Fisheries Commission and fisheries manager for the Swinomish Tribe.