Oregon Board Considers Logging Rules To Protect Salmon

By: Associated Press

 

Oregon’s state Board of Forestry is working on balancing a healthy timber industry with healthy salmon runs.

On Wednesday, the board votes on taking the next step in developing rules governing how many trees must be left standing along streams to keep the water shaded and cool enough for salmon to survive.

It would be the first change to the riparian protections of the Oregon Forest Practices Act since 1994.

The question was raised by a 2011 study that found temperatures were getting warmer in salmon streams on state-regulated timberlands in the Coast Range.

The Department of Forestry is recommending the board go forward with analyzing the different logging prescriptions that would be needed to meet the cool water protection standards for small- and medium-sized streams with salmon, steelhead and bull trout, and their economic impact.

A final decision is months away and will take into account whether the changes create too much of a hardship on the timber industry.

Mary Scurlock of the Oregon Stream Protection Coalition says the study makes it clear that Oregon will have to start leaving more trees standing along streams to meet the cool water standard set by the state Environmental Quality Commissions, and some form of financial assistance for small landowners may be needed to soften the blow.

She added that Washington state logging rules use the same cold water protection standards set in Oregon, and the timber industry is viable there.

In testimony to the board over the past year, representatives of the timber industry have urged approaching the Environmental Quality Commission to change the cool water standards — a position opposed by the Department of Forestry — and raised questions about how long-lasting the effects are of logging on stream temperatures.

Katrina McNitt, president of the Oregon Forest Industry Council, said while the study showed water temperatures rose after logging, they never exceeded the standard for protecting salmon.

The RipStream study by the department and Oregon State University looked at 33 stream sites on state and private lands in the Coast Range dating to 2002. The study found an average increase of 1.26 degrees Fahrenheit after logging on private lands. There was no increase on state timberlands, where more trees are left standing along streams. The temperature increases were prompted by less shade thrown on the water by trees.

Relocation turns pests into assets: Beavers help salmon and ease the impacts of climate change

The beaver are paired up in traps before being transported to their new home. Photo/Niki Cleary
The beaver are paired up in traps before being transported to their new home.
Photo/Niki Cleary

 

By Niki Cleary, Tulalip News

 

Beaver are known for their industrious landscaping. They regularly use their skills to rearrange the world around them, much like humans, to build safe places to live and grow the plants they feed upon. Unfortunately, for businesses and homeowners, the beaver’s best-known talent is also one of its least charming attributes.

The solution? Move nuisance beaver from urban areas to Forest Service land in the mountains where their construction skills will both build salmon habitat, and mitigate the effects of climate change. A win-win that Tulalip Wildlife Biologist Jason Schilling is excited to share.

“Beavers are marvels of engineering, we’re hoping to tap into their ability to store water,” he explained. “This was a big vision of Terry Williams [Tulalip Natural Resources], he saw it as a way to restore degraded landscape.”

“Benjamin Dittbrenner [of the University of Washingon], is studying how beaver change water quality,” Schilling continued. “ Particularly he’s looking at stream flow before and after beaver relocation and water temperature, those are two very important things for salmon.”

Dittbrenner is a former Snohomish County employee. While at the County he worked with landowners to ensure that property was protected from beaver activity.

“Beavers have a lot of really great ecological benefits,” he explained. “They take water and slow it down so that it can infiltrate into subsurface soils, increase groundwater and recharge aquifers. This creates backwater habitat for specialist species, and there have been studies to show that beavers and Coho are closely linked, Coho use beaver habitat as juveniles. We suspect that part of the reason Coho numbers are dropping is lack of beaver habitat.”

Dittbrenner continued, “The climate shifts that are predicted in the mountains mean that we’re going to have a lot less snow. That snow directly provides water to streams in spring and early summer. If there’s less water that means there is warmer water, and warmer water means less dissolved oxygen and less successful spawning. We’ve been looking at solutions to cope with less and warmer water.”

The project will work, said Dittbrenner.

“We’re modeling the project after other projects, east of the Cascades, where it’s legal to relocate beavers. Ranchers who once were against beavers are seeing that when the beavers come in, the groundwater levels increase and their pastures stay greener much longer. We’re hoping to see the same great benefits that they’re seeing.”

In a nutshell, the beaver’s dam building creates ponds which helps increase the water table. Beavers slow down water during fast flow times and increase water during the dry season. All of which adds up to more, and better quality water, as well as rearing habitat for salmon. Lastly, as climate change causes the snowpack to decrease, beaver ponds are an effective and natural way to store water for the dry season.

Since it’s such a great solution, why isn’t everyone doing it? Because in Western Washington it’s illegal to transport beaver alive from where they are trapped. It’s still perfectly legal to kill them. Tribes, however, are not subject to state law.

“It really has to do with our management of wildlife, as part of our broader treaty rights in off-reservation resource management,” explained Tulalip Attorney Tim Brewer. “We have the right to manage these resources and we’re working with the feds on federal land and therefore state law is pre-empted.”

Tulalip biologists have 24 beaver friendly sites picked out, but only eight of the sites will be populated initially. The unused sites will be used to as a comparison to demonstrate how effective the project has been.

“We may use them as release sites next year,” said Schilling, “but that will give us some good baseline data for beavers we released.”

For more information about the project contact Jason Schilling via email jschilling@tulaliptribes-nsn.gov.

 

Molly Alves points out the recently nibbled branches, explaining that they will be placed on site with the beaver. The beaver are more likely to stay because they recognize their scent on the old branches.
Molly Alves, Assistant Wildlife Biologist at Tulalip, points out the recently nibbled branches, explaining that they will be placed on site with the beaver. The beaver are more likely to stay because they recognize their scent on the old branches.

 

Beavers await relocation at the Tulalip Hatchery

 

Assistant Wildlife Biologist Molly Alves helps take care of beaver while they await relocation. She feeds them, dropping bunches of vine maple and vegetation, into the chum raceways where they are living. The beaver are also offered commercial rat food, but don’t seem to care for it. They sleep in man-made lodges built out of cinder blocks.

“We have to rebuild their lodges every night,” she said. “We weren’t anticipating catching six, and they don’t fit very well in a single lodge. The lodges are built out of plywood and cinder blocks, we have to line the plywood with steel mesh or they will chew through it.”

Alves explained that beaver are highly social and prefer to sleep together. That is one of the reasons they’ll be relocated as a group. Other strategies to ensure the animals don’t leave include scent marking the locations.

“We take these,” she held up the vine maple from the previous day, it’s bark stripped and the wood notched with teeth marks, “we call them chew sticks, and we’ll put them at the release site. They’re more likely to stay there if their scent is already there.”

The family is made up of two adults, three sub-adults and one kit.

“We’ve been setting up camera traps as well, so we know there are two more at the site where we caught this family,” said Alves.

“There’s another kit and a sub-adult. We’ll go back and catch those two and release them [as a pair],” she continued. “We know the sub-adults stick around for a couple of years to take care of the kits, so we know the kit will be fine. They’ll be released as their own family and they’ll probably go to a different spot because by the time we get them, these ones will be established.”

While the cameras are useful, Alves said the biologists knew there were more beaver because the animals can’t stand a leaky dam.

“There were three dams where we caught these guys. We notched the dams, that means we pulled out sticks and mud so there was a trickle of water,” she described, “it drives them crazy. When we went back some of the dams were rebuilt.”

Beaver are nocturnal herbivores, although they don’t hibernate, their planning and construction ensure that they survive winters just fine.

“They eat leaves in the summer and bark year round,” Alves said. “They stay in their lodges all winter and they create caches of food under their lodges. Other animals like muskrats and mice will stay in their lodges too.”

Hatchery visitors can learn about the beaver through series of interpretive signs that describe the relocation project and it’s benefits.

 

Photo Niki Cleary
Photo Niki Cleary

 

Lummi Totem Pole Journey Rallies Voices Against Environmental Destruction

Courtesy of 'Kwel Hoy: A Totem Pole Journey'A 19-foot pole carved by Lummi master carver Jewell James and the House of Tears Carvers is being taken on a journey to 21 Native and non-Native communities in four Northwest states and British Columbia. James carved the pole to compel people to speak out against coal and oil transport projects that could have a devastating impact on the environment. The pole will be raised at Beaver Lake Cree First Nation on September 6.
Courtesy of ‘Kwel Hoy: A Totem Pole Journey’
A 19-foot pole carved by Lummi master carver Jewell James and the House of Tears Carvers is being taken on a journey to 21 Native and non-Native communities in four Northwest states and British Columbia. James carved the pole to compel people to speak out against coal and oil transport projects that could have a devastating impact on the environment. The pole will be raised at Beaver Lake Cree First Nation on September 6.

 

Richard Walker, 9/2/14, Indian Country Today

 

LUMMI NATION, Washington—At each stop on the totem pole’s journey, people have gathered to pray, sing and take a stand.

They took a stand in Couer d’Alene, Bozeman, Spearfish, Wagner and Lower Brule. They took a stand in Billings, Spokane, Yakama Nation, Olympia and Seattle. They took a stand in Anacortes, on San Juan Island, and in Victoria, Vancouver and Tsleil Waututh.

They’ll take a stand in Kamloops, Calgary and Edmonton. And they’ll take a stand at Beaver Lake Cree First Nation, where the pole will be raised after its 5,100-mile journey to raise awareness of environmental threats posed by coal and oil extraction and rail transport.

“The coal trains, the tar sands, the destruction of Mother Earth—this totem [pole] is on a journey. It’s calling attention to these issues,” Linda Soriano, Lummi, told videographer Freddy Lane, Lummi, who is documenting the journey. “Generations yet unborn are being affected by the contaminants in our water.… We need people to take a stand. Warrior up—take a stand, speak up, get involved in these issues. We will not be silent.”

The 19-foot pole was crafted by Lummi master carver Jewell James and the House of Tears Carvers. The pole and entourage left the Lummi Nation on August 17 for 21 Native and non-Native communities in four Northwest states and British Columbia. The itinerary includes Olympia, the capital of Washington State, and Victoria, the capital of British Columbia. The pole is scheduled to arrive at Beaver Lake Cree on September 6.

The journey takes place as U.S. energy company Kinder Morgan plans to ship 400 tanker loads of heavy crude oil each year out of the Northwest; a refinery is proposed in Kitimat, British Columbia, where heavy crude oil from Enbridge’s Northern Gateway pipeline would be loaded onto tankers bound for Asia; and as Gateway Pacific proposes a coal train terminal at Cherry Point in Lummi Nation territory. Cherry Point is a sacred and environmentally sensitive area; early site preparation for the terminal was done without permits, and ancestral burials were desecrated.

In a guest column published on August 11 in the Bellingham Herald, James wrote that Native peoples have long seen and experienced environmental degradation and destruction of healthy ecosystems, with the result being the loss of traditional foods and medicines, at the expense of people’s health.

And now, the coal terminal proposed at Cherry Point poses “a tremendous ecological, cultural and socio-economic threat” to Pacific Northwest indigenous peoples, James wrote.

“We wonder how Salish Sea fisheries, already impacted by decades of pollution and global warming, will respond to the toxic runoff from the water used for coal piles stored on site,” he wrote. “What will happen to the region’s air quality as coal trains bring dust and increase diesel pollution? And of course, any coal burned overseas will come home to our state as mercury pollution in our fish, adding to the perils of climate change.”

James wrote that the totem pole “brings to mind our shared responsibility for the lands, the waters and the peoples who face environmental and cultural devastation from fossil fuel megaprojects.… Our commitment to place, to each other, unites us as one people, one voice to call out to others who understand that our shared responsibility is to leave a better, more bountiful world for those who follow.”

‘This Is the Risk That Is Being Taken’

Recent events contributed to the urgency of the totem pole journey’s message.

Two weeks before the journey got under way, a dike broke at a Quesnel, British Columbia, pond that held toxic byproducts left over from mining; an estimated 10 million cubic meters of wastewater and 4.5 million cubic meters of fine sand flowed into lakes and creeks upstream from the Fraser River, a total of four billion gallons of mining waste. A Sto:lo First Nation fisheries adviser told the Chilliwack Progress of reports of fish dying near the spill, either from toxins or asphyxiation from silt clogging their gills; and First Nation and non-Native fisheries are bracing for an impact on this year’s runs.

RELATED: Video: Watch 4 Billion Gallons of Mining Waste Pour Into Pristine B.C. Waterways

On July 24, a Burlington Northern train pulling 100 loads of Bakken crude oil derailed in Seattle’s Interbay neighborhood. The railcars didn’t leak, but the derailment prompted a statement from Fawn Sharp, president of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians and Area Vice President of the National Congress of American Indians.

“People need to know that every time an oil train travels by, this is the risk that is being taken,” she said. “These accidents have occurred before. They will occur again. … The rail and bridge infrastructure in this country is far too inadequate to service the vast expansion of oil traffic we are witnessing.”

RELATED: Seattle Oil-Train Derailment Hits Close to Home for Quinault

A year earlier, on July 6, 2013, an unmanned train with 72 tank cars full of Bakken crude oil derailed in a small Quebec village, killing 47 people. An estimated 1.5 million gallons of oil spilled from ruptured tank cars and burned; according to the Washington Post, it was one of 10 significant derailments since 2008 in the United States and Canada in which oil spilled from ruptured cars.

RELATED: Lac-Mégantic Rail Tragedy Resonates in Quinault Nation as Victims Are Memorialized

Feds Call Bakken Crude Volatile as Quinault Warn Against Oil Rail Transport

Some good news during the journey: As the totem pole and entourage arrived at the Yankton Sioux Reservation in Wagner, South Dakota, word was received that the Oregon Department of State Lands rejected Ambre Energy’s application to build a coal terminal on the Columbia River; the company wants to ship 8.8 million tons of coal annually to Asia through the terminal.

RELATED: Treaty Victory as Northwest Tribes Celebrate Oregon Coal Train Rejection

One of the concerns that communities have about coal transport is exposure to coal dust; those concerns are shared by residents of Plaquemines Parish, Louisiana, where proponents of a coal terminal on the Mississippi River forecast an increase in Gulf Coast coal exports from seven million tons in 2011 to 96 million by 2030.

Dr. Marianne Maumus of Ochsner Health Systems told the New Orleans Times-Picayune that coal dust contains heavy metals including arsenic, cadmium and mercury, and can cause cancer, neurological, renal and brain-development problems.

“I think the risk is real. I think there is a lot of potential harm from multiple sources,” Maumus told the Times-Picayune.

James said there are alternatives to coal and oil—among them energy generated by wind, sun and tides.

“But we’re not going to move toward those until we move away from fossil fuels,” he said.

In his Nation’s territory, Yakama Chairman JoDe L. Goudy told videographer Lane he hopes the pole’s journey will help the voice of Native people “and the voice of those people across the land that have a concern for the well-being of all” to be heard.

“May the journey, the blessing, the collective prayers that’s [being offered] and the awareness that’s being created lift us all up,” he said, “lift us all up to find a way to come against the powers that be … whether it be coal, whether it be oil or whatever it may be.”

Albert Redstar, Nez Perce, advised young people: “Remember the teachings of your people. Remember that there’s another way to look at the world rather than the corporate [way]. It’s time to say no to all that. It’s time to accept the old values and take them as your truths as well.… They’re ready for you to awaken into your own heart today.”

To Unite and Protect

The totem pole journey is being made in honor of the life of environmental leader and treaty rights activist Billy Frank Jr., Nisqually. Frank, chairman of the Northwest Indian Fisheries Commission, walked on in May.

RELATED: The Fire That Was Billy Frank Jr.; Indian Country’s Greatest Defender

James said the pole depicts a woman representing Mother Earth, lifting a child up; four warriors, representing protectors of the environment; and a snake, representing the power of the Earth. The pole journey has been undertaken in times of crisis several times this century.

In 2002, 2003 and 2004, to help promote healing after the 9/11 terrorist attacks, James and the House of Tears Carvers journeyed across the United States with healing poles for Arrow Park, New York, 52 miles north of Ground Zero; Shanksville, Pennsylvania, where the hijacked United Airlines Flight 93 crashed; and Washington, D.C.’s Congressional Cemetery, seven miles from the Pentagon. And In 2011, James and a 20-foot healing pole for the National Library of Medicine visited nine Native American reservations en route to Bethesda, Maryland. At each stop on the three-week cross-country journey, people prayed, James said at the time, “for the protection of our children, our communities and our elders, and generally helping us move along with the idea that we all need to unite and protect the knowledge that we have, and respect each other.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/09/02/lummi-totem-pole-journey-rallies-voices-against-environmental-destruction-156696?page=0%2C2

 

Kitsap Sun: Kittyhawk Drive culvert finally removed for fish

Aug 28th, 2014, Northwest Indian Fisheries 

 

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.

From the story:

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.

Gathering to Protect the Sacredness of the Salish Sea

Gathering to Protect the Sacredness of the Salish Sea, the Nawtsamaat Alliance’s “Symbol of Unity” for the blessing and launch at Daybreak Star.

September 7, 2014 at the Daybreak Star Indian Cultural Center, Seattle, WA

RSVP Here: http://www.brownpapertickets.com/event/832983

 

salish_sea_gathering,daybreak_star

What does this Symbol of Unity Represent?

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.)

Activists Have Been Blocking an Oil Train in Everett Since Six This Morning

Police look like they might be moving to extraction. @risingtidena @kxlblockade
Police look like they might be moving to extraction. @risingtidena @kxlblockade

 

Tue, Sep 2, 2014 at 3:00 PM. The Stranger

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.

RToverview.png

  • Rising Tide
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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.

Coal, oil train protest blocks Everett rail yard

By: Associated Press, September 2, 2014

 

(Photo: Emily Johnston)
(Photo: Emily Johnston)

 

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.

Snohomish gives up on wildlife crimes

Gary Chittim, KING 5 News

 

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.

“Being Frank” Tell The Truth

Dave Herrera, Skokomish Fish and Wildlife Policy Advisor
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.

Moving Back Home Together – Rarest Native Animals Find Haven on Tribal Lands

 Yellowstone bison were released at the Fort Belknap Reservation in Montana in 2013. Native American tribes have created a host of programs to aid unique Western species. Credit Jonathan Proctor/Defenders of Wildlife
Yellowstone bison were released at the Fort Belknap Reservation in Montana in 2013. Native American tribes have created a host of programs to aid unique Western species. Credit Jonathan Proctor/Defenders of Wildlife

By NATE SCHWEBER

FORT BELKNAP AGENCY, Mont. — In the employee directory of the Fort Belknap Reservation, Bronc Speak Thunder’s title is buffalo wrangler.

In 2012, Mr. Speak Thunder drove a livestock trailer in a convoy from Yellowstone National Park that returned genetically pure bison to tribal land in northeastern Montana for the first time in 140 years. Mr. Speak Thunder, 32, is one of a growing number of younger Native Americans who are helping to restore native animals to tribal lands across the Northern Great Plains, in the Dakotas, Montana and parts of Nebraska.

They include people like Robert Goodman, an Oglala Lakota Sioux, who moved away from his reservation in the early 2000s and earned a degree in wildlife management. When he graduated in 2005, he could not find work in that field, so he took a job in construction in Rapid City, S.D.

Then he learned of work that would bring him home. The parks and recreation department of the Pine Ridge Reservation, where he grew up, needed someone to help restore rare native wildlife — including the swift fox, a small, tan wild dog revered for its cleverness. In 2009, Mr. Goodman held a six-pound transplant by its scruff and showed it by firelight to a circle of tribal elders, members of a reconvened warrior society that had disbanded when the foxes disappeared.

 

A black-footed ferret at Fort Belknap in 2013. Credit Jonathan Proctor/Defenders of Wildlife
 

“I have never been that traditional,” said Mr. Goodman, 33, who released that fox and others into the wild after the ceremony. “But that was spiritual to me.”

For a native wildlife reintroduction to work, native habitat is needed, biologists say. On the Northern Great Plains, that habitat is the original grass, never sliced by a farmer’s plow.

Unplowed temperate grassland is the least protected large ecosystem on earth, according to the American Prairie Reserve, a nonprofit organization dedicated to grassland preservation. Tribes on America’s Northern Plains, however, have left their grasslands largely intact.

More than 70 percent of tribal land in the Northern Plains is unplowed, compared with around 60 percent of private land, the World Wildlife Fund said. Around 90 million acres of unplowed grasses remain on the Northern Plains. Tribes on 14 reservations here saved about 10 percent of that 90 million — an area bigger than New Jersey and Massachusetts combined.

“Tribes are to be applauded for saving so much habitat,” said Dean E. Biggins, a wildlife biologist for the United States Geological Survey.

Wildlife stewardship on the Northern Plains’ prairies, bluffs and badlands is spread fairly evenly among private, public and tribal lands, conservationists say. But for a few of the rarest native animals, tribal land has been more welcoming.

The swift fox, for example, was once considered for listing as an endangered species after it was killed in droves by agricultural poison and coyotes that proliferated after the elimination of wolves. Now it has been reintroduced in six habitats, four on tribal lands.

“I felt a sense of pride trying to get these little guys to survive,” said Les Bighorn, 54, a tribe member and game warden at Montana’s Fort Peck Reservation who in 2005 led a reintroduction of swift foxes.

Mr. Speak Thunder, who took part in the bison convoy, agreed. “A lot of younger folks are searching, seeking out interesting experiences,” he said. “I have a lot of friends who just want to ride with me some days and help out.”

Over the last four years in Montana, the tribes at Fort Peck and Fort Belknap, along with the tycoon and philanthropist Ted Turner, saved dozens of bison that had migrated from Yellowstone. Once the food staple of Native Americans on the Great Plains, bison were virtually exterminated in the late 19th century; the Yellowstone bison are genetic descendants of the only ones that escaped in the wild.

This spring, by contrast, Yellowstone officials captured about 300 bison and sent them to slaughterhouses. Al Nash, a park spokesman, said they were culled after state and federal agencies “worked together to address bison management issues.” The cattle industry opposes wild bison for fear the animals might compete with domestic cows for grass, damage fences or spread disease.

Emily Boyd-Valandra, 29, a wildlife biologist at the Rosebud Sioux Reservation in South Dakota, is emblematic of new tribal wildlife managers working around the Northern Plains. She went to college and studied ecology. (Nationwide, the rate of indigenous people in America attending college has doubled since 1970, according to the American Indian College Fund.)

Diploma in hand, Ms. Boyd-Valandra moved home, took a job with her tribe’s department of game, fish and parks, and found a place for what she called “education to bridge the gap between traditional culture and science.”

Blending her college lessons with the reverence for native animals she absorbed from her elders, she helped safeguard black-footed ferrets on her reservation from threats like disease and habitat fragmentation. The animal was twice declared extinct after its primary prey, the prairie dog, was wiped out across 97 percent of its historic range; since 2000, ferrets have been reintroduced in 13 American habitats, five of them on tribal land.

“Now that we’re getting our own people back here,” Ms. Boyd-Valandra said, “you get the work and also the passion and the connection.” One of her mentors is Shaun Grassel, 42, a biologist for the Lower Brule Indian Reservation in South Dakota. “What’s happening gives me a lot of hope,” he said.

Though each reservation is sovereign, wildlife restoration has been guided to a degree by grants from the federal government. Since 2002, the Fish and Wildlife Service has given $60 million to 170 tribes for 300 projects that aided unique Western species, including gray wolves, bighorn sheep, Lahontan cutthroat trout and bison.

“Tribal land in the U.S. is about equal to all our national wildlife refuges,” said D. J. Monette of the wildlife agency. “So tribes really have an equal opportunity to protect critters.”

Nonprofit conservation organizations have also helped. But tribe leaders say that what drives their efforts is a cultural memory that was passed down from ancestors who knew the land before European settlement — when it teemed with wildlife.

“Part of our connection with the land is to put animals back,” said Mark Azure, 54, the president of the Fort Belknap tribe. “And as Indian people, we can use Indian country.”

In late 2013, during the painful federal sequestration that forced layoffs on reservations, Mr. Azure authorized the reintroduction of 32 bison from Yellowstone and 32 black-footed ferrets. That helped secure several thousand dollars from the nonprofit Defenders of Wildlife and kept some tribe members at work on the reintroduction projects, providing employment through an economic dip and advancing the tribe’s long-term vision of native ecosystem restoration. The next project is an aviary for eagles.

One night last fall, Kristy Bly, 42, a biologist from the World Wildlife Fund, visited the reservation to check on the transplanted black-footed ferrets. Mena Limpy-Goings, 39, a tribe member, asked to ride along because she had never seen one.

They drove around a bison pasture under the Northern Lights for hours, until the spotlight mounted on Ms. Bly’s pickup reflected off the eyes of a ferret dancing atop a prairie dog burrow.

“Yee-hoo!” Ms. Bly cheered. “You’re looking at one of only 500 alive in the wild.”

Ms. Limpy-Goings hugged herself.

“It is,” she said, “more beautiful than I ever imagined.”