culverts Archives - Tulalip News

TERO grads join forces with Snohomish County Public Works to benefit salmon recovery

By Micheal Rios, Tulalip News

Salmon habitat restoration, honoring treaty rights, and tribal members showcasing successful employment within the construction trades are themes currently in action at an on-reservation construction project. Heavy construction equipment has owned Marine Drive between 19th Ave NE and 23rd Ave NE since September 10, while Snohomish County Public Works replaces a poorly conditioned culvert with one that is fish-friendly by design.

A culvert is basically an underground pipe that allows water to pass beneath roads and other obstructions. The Marine Drive culvert carries water flow from Hibulb Creek to the Snohomish River estuary, which is a fish bearing stream.

According to Snohomish County officials, the existing 24-inch corrugated metal culvert under Marine Drive is in poor condition and undersized. The current culvert is a fish barrier, while the new larger box culvert will meet fish passage requirements.

“Originally engineers designed road crossing culverts to maximize the capacity to carry water with the smallest possible pipe size. This was efficient and economical,” stated Snohomish County representatives. “A fish-friendly design approach is a culvert wide enough and sloped properly to allow the stream channel to act naturally.”

On June 11 of this year, the Supreme Court split a decision resulting in the enforcement of a lower court order requiring Washington State to pay for the removal of over 900 culverts that have become clogged or degraded to the point of blocking salmon migration.

It was a decision that had been passing through the courts for 17 years. The U.S. government sued Washington back in 2001, on behalf of 21 Northwest tribes, to force the state to replace culverts blocking fish passage with structures that allow fish to pass through. Because the pipe-like culverts block salmon from reaching their spawning grounds, they deprive the tribes of fishing rights guaranteed by treaty.

“The Supreme Court has made clear that the treaties promised tribes there would always be salmon to harvest, and that the State has a duty to protect those fish and their habitat,” said Lorraine Loomis (Swinomish), chair of the Northwest Indian Fisheries Commission. “The ruling will open hundreds of miles of high quality salmon habitat that will produce hundreds of thousands more salmon annually for harvest by everyone.”

Snohomish County officials also point out, “The ability of salmon and steelhead to swim upstream to their traditional spawning grounds, while allowing juvenile salmon to move upstream and downstream unimpeded for rearing is vital to their recovery across Washington.”

This specific culvert replacement is vital to salmon recovery and habitat restoration on the Tulalip Reservation, and it’s of particular significance to three TERO Vocational Training Center (TVTC) graduates who are part of the construction team.

Jay Davis, Jess Fryberg and Brando Jones graduated from TVTC before starting their construction careers.

Jess Fryberg (Tulalip), Brando Jones (Tulalip) and Jay Davis (Sioux/Turtle Mountain Chippewa) all trained in the construction trades at TVTC and graduated with hopes of pursuing a career pathway that was previously unavailable. Now, each is earning prevailing wages and gaining lifelong skills while working on a project beneficial to protecting treaty rights and salmon recovery.

“Construction has opened up a variety of work for me and each site I’ve worked on teaches me something new,” shared Jess, a 24-year-old tribal member. “Working on this culvert project on the Rez has been a great opportunity. Plus, a long time down the road I’ll be able to tell my kids I helped build it.”

For 27-year-old, single father Brando Jones, he moved from Tacoma to Tulalip two years ago just to have an opportunity to change his future by attending TVTC classes. It was a big move that is now paying off huge dividends as he won sole custody of his son, Dakota, and is building a solid foundation for a career in the construction trades.

“Being able to work on my own reservation while building a future for me and my son is such a good feeling,” shared Brando. “The fact that this replacement culvert will help salmon and protects our treaty rights is a bonus all on its own.”

The Marine Drive culvert construction is expected to complete in the next few weeks, while its positive impact to local salmon habitat restoration is expected to last generations.

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.

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.

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)

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.

State Again Tries to Deny Tribal Treaty Rights

Source: Northwest Treaty Tribes

Once again denying tribal treaty-reserved fishing rights – and the many federal court rulings that have consistently upheld those rights – the state of Washington is appealing its latest defeat in a case brought by western Washington tribes in 2001 to force repair of hundreds of salmon-blocking culverts under state roads.

Oral arguments for the appeal will be heard tomorrow, October 16 in the Ninth Circuit Court of Appeals in Seattle. The appeal stems from a 2013 ruling by Judge Ricardo Martinez, who issued a permanent injunction requiring the state to repair more than 800 state-owned fish-blocking culverts over the next 15 years. Also at issue is a 2007 decision in favor of the tribes in which Martinez ruled the state’s obligation to fix culverts stems from the treaty right to take fish. The tribes, state, and federal government tried for several years to settle the case, but were unable to reach agreement.

“Our treaty-reserved right to harvest salmon includes the right to have those salmon protected so that they are available for harvest, not only by the tribes, but by everyone,” said Lorraine Loomis, chair of the Northwest Indian Fisheries Commission. “Our treaty rights are at risk because we are losing salmon habitat faster than it can be restored. Without habitat, we have no fish. If we have no fish, we have lost our treaty right, and our culture and economies will be destroyed.”

Tribes reserved the right to harvest salmon in treaties with the United States government more than 150 years ago, in exchange for which the tribes ceded the vast majority of their homeland to allow non-Indian settlement. The treaty fishing right was upheld in U.S. v. Washington, the 1974 ruling that recognized the tribal right to half of the harvestable salmon returning to state waters and established the tribes as co-managers of the resource with the state.

In great part due to loss of habitat, salmon populations have rapidly and continually declined for the past several decades. As a result, both Indian and non-Indian fishermen have suffered from greatly reduced harvests. “We all stand to lose if we cannot protect the salmon’s habitat,” said Loomis. “We were disappointed by the state’s choice to appeal the district court’s decision, especially when restoring salmon benefits Indians and non-Indians alike.”

Blocking culverts deny salmon access to over a thousand miles of good habitat in western Washington streams, affecting the fish in all stages of their life cycle and reducing the number of adult salmon returning to the state by hundreds of thousands of fish. State agencies have consistently told the Legislature that fixing problem culverts is a scientifically sound, cost effective method for increasing natural salmon production. Even so, the state’s sluggish rate of culvert repair meant it would have taken more than 100 years to fix known blocking culverts even as salmon populations continued to decline throughout western Washington.

The injunction forces the state to accelerate the pace of repairs to blocking culverts. Over the past two years, the state agencies have been cooperative in working with the tribes, Loomis said. The Washington Department of Fish and Wildlife, State Parks and Department of Natural Resources have made good progress toward correcting the existing fish blocking culverts, which the injunction requires be fixed by next year. The Washington Department of Transportation is responsible for the majority of failing culverts, which the injunction requires be corrected by 2030. WSDOT’s correction rate is still far too slow, but the Tribes are encouraged by the agency’s recent efforts to re-prioritize funding to bolster culvert corrections and the state Legislature’s increased funding to the agency. Repairs will be funded through the state’s separate transportation budget and will not come at the expense of education or other social services.

The 20 treaty Indian tribes in western Washington always prefer to collaborate rather than litigate to restore and protect salmon and their habitat, Loomis said. “But the state’s unwillingness to work together and solve the problems of these salmon-blocking culverts in a timely manner left us with no alternative except the courts. We hope the Ninth Circuit will fully uphold the district court ruling and that we can move beyond litigation to work cooperatively with the State to protect the salmon resource,” she said.

State money to fix salmon-blocking culverts falls far short

State biologist Melissa Erkel looks at a culvert along the North Fork of Newaukum Creek near Enumclaw. (Ted S. Warren/AP)

By PHUONG LE, The Associated Press

Washington state is under a federal court order to fix hundreds of barriers built under state roads and highways that block access for migrating salmon and thus interfere with Washington tribes’ treaty-backed right to catch fish.

But it’s not clear how the state is going to come up with the estimated $2.4 billion it will take to correct more than 825 culverts — concrete pipes or steel structures that allow streams to flow under state roads and highways.

The state has appealed the judge’s decision. But in the meantime, the Legislature last week approved millions to correct fish barriers statewide.

The 16-year transportation revenue bill includes $300 million for fish passage, dramatically more than in the past but far short of what the state estimates it needs. The House still needs to pass two Senate-approved bills to complete the transportation package.

“I would like to have seen us put more money toward that,” said Rep. Ed Orcutt, R-Kalama, ranking member of the House Transportation Committee. “We do need to be working on this. I think it’s a good start and I’m glad we’re doing it.”

Lawmakers have referred to this case as the other McCleary decision, which told the state to fix the way it pays for public schools.

“Ultimately it’s something we’re going to have to address; it’s just a question of timeline for when we’re going to get done,” Orcutt said.

The injunction issued by federal Judge Ricardo Martinez stems from the landmark 1974 Boldt decision, which affirmed the treaty rights of Northwest tribes to catch fish. The judge said fish-blocking culverts contribute to diminished fish runs.

“It is a treaty right. Tribes ceded the entire state of Washington to the federal government. In return, we asked that we have salmon forever,” said Brian Cladoosby, chairman of the Swinomish Indian Tribal Community.

He said he was disappointed with the state’s appeal and questioned how much money the state had spent in appealing the case that could have gone toward fixing the problem.

This year, the agency plans 13 fish-passage projects across the state. It also completed 13 such projects in each of the past two years.

But Wagner acknowledged that significantly more money will be needed to meet the terms of the injunction.

Culverts can be a problem for fish in several ways. Stream flows running through a small pipe can be too fast, making it harder for fish to swim upstream to spawn or downstream to reach the ocean. Perched culverts also can be too elevated for fish to jump through.

“It’s a big, big problem,” said Julie Henning, state Department of Fish and Wildlife habitat division manager.

When culverts are removed or fixed, the benefits are immediate because it opens up miles of critical habitat upstream to fish, said Henning, who also co-chairs the state’s Fish Barrier Removal Board.

“When you think about a fish swimming upstream, it goes through all these jurisdictions,” Henning said.

Counties, cities, forest owners and others have worked independently to remove fish barriers only to find that culverts elsewhere on the stream continue to block fish passage.

On the North Fork of Newaukum Creek near Enumclaw one afternoon, Henning and Department of Fish and Wildlife fish biologist Melissa Erkel pointed out a project King County did several years ago to replace two aging pipes with a large box culvert that is wide enough to allow the stream to meander.

But less than a quarter-mile upstream, two culverts block access for fish.

Erkel said she has provided technical assistance to the private landowner, who plans this fall to replace them with a 35-foot span bridge to allow more water to pass under the private road.

“Fish passage is really important work. We’re not just doing it because of the lawsuit. It’s something that needs to be done,” Henning said.

Culvert replacement costs loom as a budget problem for lawmakers

By Christopher Dunagan, Kitsap Sun Puget Sound Blogs

While funding for Washington’s “basic education” remains a potential budget-buster, some legislators are beginning to worry about a $2.4-billion financial pitfall involving culverts and salmon streams.

Culverts that block significant habitat are represented by dots on the map. Washington State Department of Transportation — Culverts blocking significant habitat are represented by dots on the map of Western Washington.
Washington State Department of Transportation

In 2013, a federal judge ordered Washington state to replace nearly 1,000 culverts that block or impede fish passage along Western Washington streams. The $2.4-billion cost, as estimated by the Washington State Department of Transportation, amounts to about $310 million per biennium until the deadline of 2030.

Nobody has even begun to figure out how to come up with that much money, although the WSDOT has pretty well spelled out the problem for lawmakers.

In the current two-year budget, the state is spending about $36 million to replace fish-passage barriers, according to Paul Wagner, manager of the department’s Biology Branch. That’s not including work on major highway projects.

WSDOT is asking to shift priorities around in its budget to provide $80 million per biennium for fixing culverts.

Meanwhile, Gov. Jay Inslee’s 12-year transportation plan calls for increasing revenues to provide money for various improvements throughout the state, including $360 million for culverts spread over the 12-year period.

BEFORE, where a 5-foot round culvert carried Twanoh Falls Creek under Highway 106. Washington Department of Transportation — BEFORE, a 5-foot round culvert carried Twanoh Falls Creek under Highway 106 into Hood Canal.
Photo: Washington State Department of Transportation

Even if all that funding comes to pass, the state would only make it about halfway to the goal set by the court when the 2030 deadline passes.

Although funding is a serious matter, the effect of fixing the culverts sooner rather than later could boost salmon habitat and help with salmon recovery, transportation officials acknowledge.

Out of 1,982 fish barriers identified in the state highway system, more than three-quarters are blocking “significant” habitat — defined as more than 200 meters (656 feet). That’s from a fact sheet called “Accelerating Fish Barrier Correction: New Requirements for WSDOT culverts” (PDF 4.6 mb).

AFTER, a 20-foot bottomless culvert allows stream to flow more naturally Washington State Department of Transportation — AFTER, a 20-foot bottomless culvert allows the stream to flow more naturally.
Photo: Washington State Department of Transportation

As of 2013, the agency had completed 282 fish-passage projects, improving access to nearly 1,000 miles of upstream habitat. Another 10 projects were added in 2014.

Because the lawsuit was brought by 21 Western Washington tribes, the court order applies to 989 Western Washington culverts, of which 825 involve significant habitat. The case is related to the Boldt decision (U.S. v Washington), which determined that tribes have a right to take fish, as defined by the treaties, and that the state must not undermine the resource.

The court adopted a design standard for culverts known as the “stream simulation” model, which requires that the culvert or bridge be wider than the stream under most conditions and be sloped like the natural channel.

In an effort to gear up for culvert work, the Department of Transportation established four design teams to prepare plans for 34 fish-passage projects for the next biennium and scope out another 75 projects. State officials hope that by having teams to focus on culverts and bridges, design work will become more efficient. Agencies also are working together to streamline the permitting process.

In Kitsap County, the Highway 3 culvert over Chico Creek presents a real challenge for the department, Paul Wagner told me. Everyone recognizes the importance of Chico Creek, the most productive salmon stream on the Kitsap Peninsula. But replacing the undersized culvert with a new bridge would cost more than $40 million — more than the entire budget for culverts in the current biennium.

A culvert under Kittyhawk Drive was removed last summer next to the Highway 3 culvert. Kitsap Sun photo by Larry Steagall — A culvert on Kittyhawk Drive was removed last summer next to the Highway 3 culvert, which continues to affect the flow of Chico Creek.
Kitsap Sun photo by Larry Steagall

“There are a lot of culverts,” Wagner said, “and our challenge is that those on the state highway system are more complicated and involved.”

Not only are the state highways the largest, he said, but they usually cannot be shut down during construction. State highways typically have more complicated utilities and drainage systems, and work may require buying new right of way.

Those are all issues for Chico Creek, which was rerouted when the highway was built in the 1960s. The stream was directed into a new channel parallel to the highway, crossing under the roadway at a 90-degree angle.

The new design would restore the original channel, crossing under the road at a steep angle that makes for a longer bridge. The new route also could involve changing the interchange at Chico Way.

“That project is definitely one we need to get at,” Wagner said, “but it eats up a lot of the money we need for other projects.”

Removal of a county culvert under Kittyhawk Drive has increased interest in removal of the state highway culvert, which lies immediately upstream of the newly opened channel where the county culvert was removed. See Kitsap Sun(subscription), Aug. 26, 2014.

The Legislature will determine how much money will be allocated to culverts and to some extent which ones get replaced first. New taxes could be part of the equation for the entire transportation budget, a major subject of debate this session.

Olympian: State’s failure to fix culverts violates treaty rights

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.

Northwest Pacific Salmon Habitat Restoration Efforts Hampered by Development

Northwest Indian Fisheries CommissionAlthough much work is being done to restore salmon habitat in the Pacific Northwest—such as replacement and repair of culverts, as pictured above—salmon habitat is being compromised faster than it can be put back together. — Northwest Indian Fisheries Commission
Although much work is being done to restore salmon habitat in the Pacific Northwest—such as replacement and repair of culverts, as pictured above—salmon habitat is being compromised faster than it can be put back together.

Richard Walker, Indian Country Today Media Network

Millions of dollars were spent on salmon habitat recovery in 2012, and millions more are being spent this year. But a foremost salmon expert says that without federal coordination of those efforts, and enforcement of existing laws, we may have passed a tipping point.

“We need to bring salmon habitat restoration back to the White House,” said Billy Frank Jr., chairman of the Northwest Indian Fisheries Commission and one of the foremost salmon experts, in a 2012 telephone interview with ICTMN. He was about to walk into a meeting with Justice Department officials and members of Congress to ask that the federal government lead a coordinated salmon recovery effort.

“The federal government has turned over all of its responsibility to the state,” he said. “State agencies are broke and they’re not managing anything now.”

It took just 150 years to damage salmon habitat that had flourished for thousands of years. Development in shoreline areas. Dams. Fertilizers. Logging. Polluted storm-water runoff that ultimately made its way to the sea.

Today, dams have been torn down on the Elwha River. Culverts are being removed so that salmon can return unimpeded to natal streams. Dikes are being dismantled so waters can return to estuaries. Pollution sources are being identified and corrected. But according to studies by the Northwest Indian Fisheries Commission, Washington State is losing salmon habitat faster than it’s being restored, and Frank believes that federal leadership is needed to implement salmon recovery consistently across jurisdictional lines.

Salmon recovery involves many agencies and jurisdictions, but those efforts are often not in sync; in fact they frequently conflict with federal salmon habitat-recovery goals. In one example, the U.S. Army Corps of Engineers has issued permits for shoreline structures that salmon recovery goals seek to remove. In Washington State’s Shoreline Management Act, homes are considered a “preferred” shoreline use, although home development often is accompanied by the construction of bulkheads and docks. Shoreline armoring and riparian vegetation removal are within the jurisdiction of National Marine Fisheries Service’s policy governing enforcement of the Endangered Species Act, but “there appears to be only one instance of NMFS exercising its enforcement authority over these activities during the past decade,” according to a 2011 report from the fisheries commission, “Treaty Rights at Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change,” which led to an ongoing initiative of the same name.

But little has changed, and in September 2012 the fisheries commission released another report, “State of Our Watersheds,” documenting the results of local and state planning that have been in conflict with salmon habitat-recovery goals.

Tribes Disappointed By State Appeal In Culvert Case

– Northwest Indian Fisheries Commission

Treaty Indian tribes in western Washington are disappointed to learn that the state has filed an appeal in the culvert case ruling.

Federal District Court Judge Ricardo Martinez ruled on March 29 that the state must fix fish-blocking culverts under its roads in western Washington because they violate tribal treaty-reserved fishing rights. The court found that more than 1,500 state culverts deny salmon access to hundreds of miles of good habitat in western Washington, harming salmon at every stage in their life cycle.

“But instead of implementing the ruling as a win-win for the salmon and everyone who lives here, the state has chosen to appeal the case in a further attempt to ignore tribal treaty rights,” Frank said.

As part of his ruling, Martinez issued a permanent injunction against the state’s continued operation of fish-blocking culverts under state roads in western Washington. The injunction was necessary, he ruled, because of the slow pace of state corrections, which has led to an increase in the number of barrier culverts in the past three years. At the current pace, the state would never complete repairs, Judge Martinez said, because more culverts were becoming barriers to salmon than were being fixed.

The state and its Department of Transportation (DOT) were given 17 years to complete repairs. Other state agencies were already planning to have their blocking culverts corrected within the next three years.

Culvert repair cost estimates being provided by the state are higher than the actual repair costs presented in court, Martinez ruled. The state claims that the average cost to replace a state DOT culvert is $2.3 million. But the evidence showed the actual cost of DOT culverts built to the best fish passage standards has been about $658,000. Repairs will be funded through the state’s separate transportation budget and will not come at the expense of education or other social services.

“It’s also important to understand that state law already requires that culverts allow fish passage. The culvert case ruling directs the state to do nothing more than what is already required,” Frank said.

“For decades the state has tried to ignore tribal treaty-reserved rights, even when that means ignoring the best interests of the resource and its citizens,” Frank said. “But the federal courts have consistently upheld our treaty rights.”

Fixing the culverts is good for everyone

Bring Frank by Billy Frank Jr, the chairman of the Northwest Indian Fisheries Commission.

Indian tribes in western Washington have long been using our treaty rights to protect and restore the salmon resource to the benefit of everyone who lives here. A good recent example is the federal court’s March 29 ruling in the culvert case brought against the state by the tribes back in 2001.

The state of Washington must fix fish-blocking culverts under state-owned roads because they violate tribal treaty-reserved fishing rights, federal Judge Ricardo Martinez ruled in late March. The court found that more than 1,500 state culverts deny salmon access to hundreds of miles of good habitat in western Washington, harming salmon at every stage in their life cycle.

We didn’t want to file this litigation, but the salmon can’t wait. At the pace that the state has been repairing its blocking culverts, there would be few, if any, salmon left by the time all were fixed. Martinez’s ruling will result in hundreds of thousands more salmon returning to Washington waters each year. These salmon will be available for harvest by everyone who lives here, not just the tribes.

We could have avoided the suit if the state followed its own laws. One of Washington’s first laws on the books requires fish passage at any blockage in creeks and rivers.

Instead, the state chose to largely ignore the problem along with the tribes’ treaty rights, which depend on salmon being available for harvest. And once again, our treaty rights were upheld by the federal courts, just as they have been consistently since the 1974 Boldt decision that re-affirmed those rights and established the tribes as co-managers of the salmon resource.

This isn’t something new to the tribes. The state’s approach has long been to ignore treaty rights even if that means ignoring the best interests of all of its citizens.

State agencies told the Legislature in 1995 that fixing culverts was one of the most cost-effective strategies for restoring salmon habitat and increasing natural salmon production. The cost to benefit ratio goes up as the number of culverts repaired per year increases, they said. Two years later, state agencies said every dollar spent fixing culverts would generate four dollars’ worth of additional salmon production. Recent studies support that estimate.

Still, Judge Martinez had to issue a permanent injunction against the state’s continued operation of fish-blocking culverts under state roads. The reason is that the state has actually reduced culvert repair efforts in the past three years, which has led to a net increase in the number of barrier culverts. At the current pace, the state would never complete repairs, Martinez said, because more culverts were becoming barriers to salmon than were being fixed.

The federal court’s ruling will not bankrupt the state. Judge Martinez gave the state and its Department of Transportation (DOT) 17 years to complete repairs. Other state agencies were already planning to have their blocking culverts corrected within the next three years.

It’s important to note that repairs will be funded through the state’s separate transportation budget and will not come at the expense of education or other social services. It’s also important to understand that state law already requires that culverts allow fish passage. The culvert case ruling directs the state to do nothing more than what is already required, except to correct DOT fish-blocking culverts at a faster rate.

The treaty Indian tribes bring much to the salmon management table. Salmon populations in western Washington would be in far worse shape without the salmon recovery efforts, fisheries management expertise, leadership, hatcheries, funding, and traditional knowledge the tribes provide. More habitat would be lost, fewer salmon would be available for harvest, and there would be far less funding for salmon recovery.

We prefer to cooperate rather than litigate to achieve salmon recovery. But if our treaty rights can be used to re-open these streams and enhance wild salmon populations, that’s a win-win for all of us.

Jamestown S’Klallam Tribe starts Washington Harbor restoration

The Jamestown S’Klallam Tribe seined Washington Harbor to develop a baseline of fish populations in the harbor. The harbor’s roadway and two culverts will be replaced by a bridge later this summer. More photos can be found at NWIFC’s Flickr page by clicking on the photo.

Source: Northwest Indian Fisheries Commission

The Jamestown S’Klallam Tribe is restoring salmon habitat in the 118-acre Washington Harbor by replacing a roadway and two culverts with a 600-foot-long bridge.

The 600-foot-long road and the two 6-foot-wide culverts restrict tidal flow to a 37-acre estuary within the harbor adjacent to Sequim Bay, blocking fish access and harming salmon habitat.

The Jamestown S’Klallam Tribe seined Washington Harbor to develop a baseline of fish populations in the harbor. The harbor’s roadway and two culverts will be replaced by a bridge later this summer. More photos can be found at NWIFC’s Flickr page by clicking on the photo.

The tribe seined the harbor in April to take stock of current fish populations before construction begins this summer. Chum and chinook and pink salmon, as well as coastal cutthroat, all use the estuary. Young salmon come from a number of streams, including nearby Jimmycomelately Creek at the head of Sequim Bay.

Historically, the area had quality tidal marsh and eelgrass habitat until the roadway and culverts were installed about 50 years ago, said Randy Johnson, Jamestown S’Klallam Tribe habitat program manager.

“The roadway and culverts appear to have severely degraded this habitat, with evidence showing that the estuary marsh has been deprived of sediment and is eroding,” he said. “The structures restrict access for fish and for high quality habitat to develop.”