Tribes Archives - Page 12 of 16

Tribes could get help for sockeye fishery closure

Associated Press

SEATTLE — Commercial and tribal fishermen in Washington state could be getting federal help after the closure of the Fraser River sockeye salmon fishery last year cost them millions of dollars.

U.S. Commerce Secretary Penny Pritzker issued a disaster declaration for the fishery Tuesday. That allows Congress to send money to the affected communities.

The Fraser River flows from the Canadian Rockies into the Strait of Georgia at Vancouver, British Columbia. Low returns of sockeye to the river prompted the closure.

Several Washington tribes, including the Lummis, Nooksacks and Tulalips, fish for sockeye. They and the state’s nontribal, commercial fishermen typically bring in a collective $4.1 million per year from sockeye. The Commerce Department says last year, the total was just $115,000.

Pritzker said that if Congress appropriates money, the National Oceanic and Atmospheric Administration will work closely with Congress, the tribes and the state to distribute it.

Tribes and Snohomish County working together on Sustainable Land Strategy

Terry Williams introduces USDA Deputy Under Secretary of Agriculture Butch Blazer at the Jan. 23rd presentation of the SnoCo SLS. Photo: Andrew Gobin

By Andrew Gobin, Tulalip News

Over the last three years the Snohomish County Sustainable Land Strategy (SLS) has gained national attention for innovative planning to preserve and protect both agricultural interests and the county watershed. What started as a small project now will drive national agriculture policy. Collaborators of the SLS met with United States Department of Agriculture (USDA) Deputy Under Secretary for Natural Resources & Environment, Arthur “Butch” Blazer, on January 23^rd to discuss the progress of the SLS so far and their future plans. Historically, Snohomish County and area tribes have a reputation for innovative strategic planning, yet this is the first strategy that is beneficial to everyone’s interests.

The SLS is a collaborative project between the Tulalip Tribes, the Stillaguamish Tribe, and Snohomish County that “balances the need to restore vital salmon habitat while also protecting the viability of local agriculture,” according to Snohomish County’s brochure on the SLS. Salmon and farming are noted as having key roles in the history and economy of the county and can both be protected through the SLS.

Qualco Energy is one example of a collaborative effort to protect salmon habitat without burdening or infringing on agriculture. The energy company, located a few miles southwest of Monroe, is a non-profit partnership comprised of the Tulalip Tribes, Northwest Chinook Recovery, and the Sno/Sky Agricultural Alliance. In February of 2008, after 10 years of planning and research, Qualco installed an anaerobic digester that converts cow manure into energy and natural gas. Cow manure has devastating impacts on salmon habitat and typically has to be hauled away or diverted to a lagoon. Now, the manure can go right to a digester, keeping it out of the watershed without incurring time and monetary costs to farmers.

“Local communities are also happy with the reduced agricultural smells, now that the waste goes to the digester and isn’t sitting in open lagoons,” added Qualco Vice President Daryl Williams, a Tulalip tribal member who also works for the Tulalip Tribes Natural Resources department.

The Qualco example also demonstrates the support the SLS has from the state legislature. The land on which the project is located is an old dairy farm donated to the project by the state. State permitting laws were changed for the project in order to allow the project to expand to food waste, now allowing the Qualco digester to run 30% food waste without need a solid waste permit.

Co-Facilitator of the SLS, Dan Evans, said, “When you bring together the tribes and agriculture, you have tremendous bandwidth. With that, you have the key to push things through legislation,” referring to the political influence of the SLS.

That political momentum has caught the attention of the USDA, which only adds to it.

“The primary purpose I am here is to listen. This presentation is material I can take back with me [to Washington DC] and help you continue doing what you’re doing on a national policy level,” said USDA Deputy Under Secretary Butch Blazer.

The SLS has the potential to expand to other counties; Skagit and King are currently expressing an interesting in developing their own SLS.

In addition to peripheral county influence, the SLS is a gateway for future innovation in the fields of sustainable land use and clean, renewable energy.

Federal Recognition Process: A Culture of Neglect

Gale Courey Toensing, ICTMN

The Shinnecock Indian Nation was petitioner number 4 on the Bureau of Indian Affairs’ list of tribes seeking federal recognition in 1978 soon after the agency established the seven criteria for recognition.

Thirty-two years and $33 million later in June 2010, the BIA acknowledged the Shinnecock Nation as an American Indian tribe with a government-to-government relationship with the United States’ and whose members are eligible to receive health, education, housing and other services provided to federally recognized tribes – services the federal government is obligated to provide as a debt owed to the Indigenous Peoples in exchange for the loss of their lands.

Three or four days after receiving federal recognition, the tribe got another letter from the BIA, Lance Gumbs, former Shinnecock council chairman, said. “It was an internal memo from inside the Office of Federal Acknowledgement and this memo said the Shinnecock Tribe is indeed a tribe and they should be recognized expeditiously in this process,” Gumbs said. “And that letter was dated from 1979.”

The Shinnecock Nation’s experience in the BIA’s Federal Acknowledgement Process (FAP) is not unique; it’s typical of a process that’s been described as broken, long, expensive, burdensome, intrusive, unfair, arbitrary and capricious, less than transparent, unpredictable, and subject to undue political influence and manipulation. It reflects a culture of neglect on the part of the federal government, indigenous leaders and others involved in recognition efforts say.

On January 16 and 17 close to 200 tribal leaders and representatives of both federally recognized and “unrecognized” indigenous nations, attorneys and consultants specializing in the FAP, and federal officials gathered at Arizona State University’s Sandra Day O’Connor College of Law for a unique conference called “Who Decides You’re Real? Fixing the Federal Recognition Process.”

“The recognition process is a broken system that needs to be reformed,” Brian Cladoosby, chairman of the Swinomish Indian Tribal Community and newly elected president of the National Congress of American Indians (NCAI), said in his opening remarks at the conference. Cladoosby said he told Interior Secretary Sally Jewell recently to fix the broken process. “I said, ‘Take the 19th and 20th century rules and regulations that are paternalistic and fit them for the Natives that we have today,’” he said. The federal acknowledgment process is critically important, Cladoosby said. “Put simply, federal acknowledgment empowers tribes to govern and provide the services and stability their people need in order to preserve their culture. The failure to acknowledge a historical tribe is a failure of the trust responsibility and contributes to the destruction of tribal culture.”

The conference focused on the challenges faced by unrecognized tribes and covered all aspects of federal recognition, including its history, the administrative process, current issues, and proposed new rules and regulations that would reform the process – a discussion presented by the BIA’s Deputy Assistant Secretary Larry Roberts. Several tribal leaders, like Gumbs, and tribal representatives told their tribes’ stories.

The BIA’s own numbers tell its story. Since 1978 when the FAP was established 356 “groups” have sought federal acknowledgment. Of that number, 269 have not submitted documented petitions. Of the 87 that have submitted documented petitions, the agency has resolved 55 and 19 have been resolved by Congress or other means.

“Resolved” doesn’t mean the groups were given federal acknowledgment. Of the 55 resolved, 17 were acknowledged and 34 were denied. The remaining four had their status “clarified” by other means.

Although the number of unrecognized tribes was not pinned down at the conference, the Government Accountability Office identified approximately 400 non-federally recognized tribes in a study it conducted in 2012 on federal funding for unrecognized tribes. The study found that 26 non-federally recognized tribes received funding from 24 federal programs during fiscal years 2007 through 2010. Most of the 26 non-federally recognized tribes were eligible to receive this funding either because of their status as nonprofit organizations or state-recognized tribes.

State recognition didn’t help two Connecticut tribes – the Schaghticoke Tribal Nation (STN) or the Eastern Pequot Tribal Nations (EPTN) – hold on to their status as federally recognized tribes. Ruth Torres, an STN citizen, described the campaign of political influence that ultimately resulted in the unprecedented reversal of both tribes’ federal acknowledgment. She talked about a cluster of events in May 2005 that worked in concert toward reversal of the tribe’s federal status: an appeal of the Final Determination by then Connecticut Attorney General Richard Blumenthal (now a senator), the hostility toward the tribe expressed by residents at a town meeting in Kent where the tribe has a 400 acre reservation – all that remains of approximately 2,500 acres set aside for the tribe in 1736 – and a House Committee hearing called “Betting on Transparency: Toward Fairness and Integrity in the Interior Department’s Tribal Recognition Process” that featured some of the most zealous opponents to federal recognition, Indian gaming and Indian country in general in politics.

“Betting, it was called,” Torres pointed out. “Now tell me, what do you think was the motivation for the political influence exerted on the FAP?” Federal recognition gives tribes the right to conduct Class III gaming, but contrary to popular belief, STN, like the majority of other tribes, filed its petition years before the Indian Gaming Regulatory Act (IGRA) was enacted in 1988, Torres said. The IGRA launched Indian gaming on the path to becoming the $27 billion industry that it is today, but along with its success came a backlash of political opposition that effectively put the brakes on federal recognition.

STN had been in the FAP process since 1981 and by the mid-1990s it became clear – just as it did to the Shinnecock Indian Nation, Torres said – that the tribe needed a financial backer and it entered into a casino deal with Fred DeLuca, owner of the Subway chain, and a group called Eastlanders. The investors spent around $22 million on the process, Torres said. Nonetheless, the political opponents were successful in overturning the tribe’s recognition and even in influencing a federal judge who denied the tribe’s appeal of the reversal in part because he said he believed federal decision makers who said they were not influenced by the frenzy of political pressure that was brought to bear upon them.

The Pointe-au-Chien Indian Tribe’s story is one of the saddest tales of federal government neglect and bureaucratic rigidity.

In 2008, the Bush administration issued proposed negative findings to both the Pointe-au-Chien Indian Tribe and the Biloxi, Chitimacha Confederation of Muskogees, Inc. (BCCM). Members of both tribes are descendants of the historical Biloxi, Chitimacha, Choctaw and other tribes and subgroups.

Pointe-au-Chien proved it had been identified as an American Indian “entity” since 1900, the Bush Interior Department said, but it hadn’t submitted a membership list or demonstrated that it was a distinct community or had political entity before 1830.

Pointe-au-Chien is a traditional community whose members survive on sustenance fishing and hunting in their coastal Louisiana territory. But the tribe’s land has been washing away for decades in the erosion of thousands of square miles of coastal wetlands. The erosion is caused by salty water from the Gulf of Mexico flowing into the fresh water marshes because levees built for navigation along the Mississippi River since the beginning of the 20th century prevent mud and silt from cyclically rebuilding the marshes and coastal bottom. Add to that environmental disaster the devastation wreaked on the Louisiana coast by Hurricane Katrina in 2005 and BP’s Deepwater Horizon oil spill in 2010.

The tribe notified the Coast Guard that it’s sacred sites were in danger from the oil and needed protection, Patty Ferguson-Bohnee, a Pointe-au-Chien tribal member and director of the Indian Legal Clinic at Arizona State University, said. “At one point in the process, the federal government said, ‘We cannot consult with you because you’re not a federally recognized tribe,’” Ferguson-Bohnee said. Even when the remains of Pointe au Chien ancestors were found, the tribe could not access them for reburial because it lacks federal acknowledgment. The tribe also lacks the means to hire experts to bolster its petition for recognition. And without drastic wetlands restoration efforts by the federal government the tribe’s remaining lands continue to disappear.

For Gumbs, the federal recognition process “consumed all of my adult life – 32 years,” he said. “When we started this process [in 1978] it should have been a relatively fair and equitable process. Instead it turned into a test of strategy and will. We went from playing checkers to playing chess…We had to think of the next three moves, four moves that we were going to make in response to how they [the Office of Federal Acknowledgement] were treating us. They had a complete disregard for the criteria [for federal acknowledgment] as they were written and they would change the rules right in mid-stream.”

You can’t have tribes stuck in the process for 30 years, Cladoosby said. “That’s just unacceptable. No one should have to wait 30 years to be told that the federal government is going to recognize them. The process is broken. It needs to be fixed.”

Peter Callaghan: Bill could help 80 from Fish Wars

Criminal records of tribal fishermen could be cleared

Police arrest a woman during a fishing rights confrontation on the Puyallup River on Sept. 9, 1970. Sixty-four adults and 10 children were arrested after police and state game agents broke up an encampment that had stood for several weeks. WAYNE ZIMMERMAN/STAFF FILE, 1970Read more here: http://www.theolympian.com/2014/01/16/2933590/peter-callaghan-bill-could-help.html#storylink=cpy — Police arrest a woman during a fishing rights confrontation on the Puyallup River on Sept. 9, 1970. Sixty-four adults and 10 children were arrested after police and state game agents broke up an encampment that had stood for several weeks. WAYNE ZIMMERMAN/STAFF FILE, 1970

Peter Callaghan, The Olympian

The legislation itself might not help very many people.

A search of records by the Washington State Patrol shows that perhaps as few as 80 people still alive were arrested and convicted of state crimes related to what is now remembered as the Fish Wars.

One was Nisqually Tribe elder Billy Frank Jr.

“I was 14 years old when I first got arrested,” he told the House Community Development, Housing and Tribal Affairs Committee in Olympia on Tuesday. Frank was 14 in 1945.

The value of House Bill 2080, even for Frank, may be more symbolic than practical. By making it easier for tribal fishermen to have their records cleared, the state of Washington would be acknowledging not only that it was wrong but that it caused real harm to real people.

“This is small. This doesn’t do the times justice,” Rep. David Sawyer said of his bill. It does, however, give the state another opportunity to “own up to our own mistakes.”

“Very few things are more dear to the culture of a tribe as fishing. It is a huge part of their culture, and it’s something we stole from them,” Sawyer said.

That Sawyer, a liberal Democrat from Tacoma, would sponsor HB 2080 isn’t surprising. Some of the co-sponsors, however, might seem unexpected to those who recall the politics of the Fish Wars. Republicans and Democrats, conservatives and liberals, Western Washingtonians and Eastern Washingtonians are among the 15 sponsors of the bill.

History shows that tribal members bristled under state restrictions on their fishing rights almost from the beginning of statehood. But the issue heated up after World War II when younger tribal members became more assertive.

At the same time, fish supplies were strained by environmental degradation and overfishing, and the state became more aggressive in managing the fishery. Off reservation, tribal fishermen had to follow the same regulations as nontribal fishermen, the state asserted, including limited seasons and restrictions on equipment such as gill nets.

Building slowly, the issue exploded in the 1960s when tribal members adopted tactics practiced by the black civil rights movement. Whereas blacks in the South held sit-ins to protest segregated facilities, the tribes began to hold fish-ins. Authorities often responded with arrests and harassment.

And as in the South, mainstream media paid more attention when celebrities got involved. One in particular is still revered by Puget Sound tribes.

“The greater force against you was indifference rather than the people who were hitting you all the time,” actor Marlon Brando later wrote that he told the National Indian Youth Council in 1961. “Then if you could break that indifference you could get the mass of non-Indian people on your side.”

According to “Where The Salmon Run,” by Trova Heffernan, in attendance at that Utah conference was Hank Adams, who would soon be a leader in the tribal rights movement in the Puget Sound area. When Adams heard that Brando wanted to join a fishing protest in Washington, he saw it as a way to break through white indifference. At 2 a.m. on March 2, 1964, Adams roused reporters to tell them to be on the Puyallup River near Tacoma that very morning.

Brando and Puyallup activist Bob Satiacum got into a canoe and, at least according to a game agent, took salmon from the river illegally.

Here’s how Brando described it in his autobiography: “I got in a boat with a Native American and a … priest. Someone gave us a big salmon we were supposed to have taken out of the river illegally, and, sure enough, a game warden soon arrived and arrested us.”

According to Heffernan, the fish had been purchased earlier at Johnny’s Seafood. The spot on the river is still known as Brando’s Landing.

Comedian and civil rights activist Dick Gregory played a similar role at Frank’s Landing on the Nisqually. Unlike Brando, who was never charged, Gregory served six months in the Thurston County jail, Adams told the House committee Tuesday.

The most violent confrontation might have been along the Puyallup in September 1970. A large protest camp had been set up beneath a railroad bridge since Aug. 1. From there, tribal members continued to take fish despite state objections. After two raids mid month, the tribal leaders announced that they would arm themselves.

On the morning of Sept. 9, well-armed Tacoma police officers, along with state game and fisheries agents, broke up the camp, arresting 62 adults and 10 juveniles. Some shots were fired and tear gas was released, but there were no injuries.

The beginning of the end came in 1974 when U.S. District Court Judge George Boldt ruled that the treaties promising that the tribes could take salmon “in common” with white fisherman meant 50 percent of the catch. He also ended state restrictions on tribal fishermen. That ruling was upheld by the U.S. Supreme Court in 1979.

Frank said he lost track of how many times he was arrested, sometimes guessing at least 50 times between 1945 and Boldt’s ruling.

“That’s a long time of your life to be going to jail for something you believe in,” Frank said.

Read more here: http://www.theolympian.com/2014/01/16/2933590/peter-callaghan-bill-could-help.html#storylink=cpy

Bill would clear convictions during 60s fish-ins

Ted S. Warren / Associated PressBilly Frank Jr., a Nisqually tribal elder who was arrested dozens of times while trying to assert his native fishing rights during the Fish Wars of the 1960s and ‘70s, holds a late-1960s photo of himself Monday (left) fishing with Don McCloud, near Frank’s Landing on the Nisqually River. Several state lawmakers are pushing to give people arrested during the Fish Wars a chance to expunge their convictions from the record. — Ted S. Warren / Associated Press
Billy Frank Jr., a Nisqually tribal elder who was arrested dozens of times while trying to assert his native fishing rights during the Fish Wars of the 1960s and ‘70s, holds a late-1960s photo of himself Monday (left) fishing with Don McCloud, near Frank’s Landing on the Nisqually River. Several state lawmakers are pushing to give people arrested during the Fish Wars a chance to expunge their convictions from the record.

By PHUONG LE, The Associated Press

SEATTLE — Decades after American Indians were arrested for exercising treaty-protected fishing rights during a nationally watched confrontation with authorities, a proposal in the state Legislature would give those who were jailed a chance to clear their convictions from the record.

Tribal members and others were roughed up, harassed and arrested while asserting their right to fish for salmon off-reservation under treaties signed with the federal government more than a century prior. The Northwest fish-ins, which were known as the “Fish Wars” and modeled after sit-ins of the civil rights movement, were part of larger demonstrations to assert American Indian rights nationwide.

The fishing acts, however, violated state regulations at the time, and prompted raids by police and state game wardens and clashes between Indian activists and police.

Demonstrations staged across the Northwest attracted national attention, and the fishing-rights cause was taken up by celebrities such as the actor Marlon Brando, who was arrested with others in 1964 for illegal fishing from an Indian canoe on the Puyallup River. Brando was later released.

“We as a state have a very dark past, and we need to own up to our mistakes,” said Rep. David Sawyer, D-Tacoma, prime sponsor of House Bill 2080. “We made a mistake, and we should allow people to live their lives without these criminal charges on their record.”

Lawmakers in the House Community Development, Housing and Tribal Affairs Committee are hearing public testimony on the bill Tuesday afternoon.

Sawyer said he’s not sure exactly how many people would be affected by the proposal. “Even if there’s a handful it’s worth doing,” he added.

Sawyer said he took up the proposal after hearing about a tribal member who couldn’t travel to Canada because of a fishing-related felony, and about another tribal grandparent who couldn’t adopt because of a similar conviction.

Under the measure, tribal members who were arrested before 1975 could apply to the sentencing court to expunge their misdemeanor, gross misdemeanor or felony convictions if they were exercising their treaty fishing rights. The court has the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person, has new charges pending or other factors.

“It’s a start,” said Billy Frank Jr., a Nisqually tribal elder who figured prominently during the Fish Wars. He was arrested dozens of times. “I never kept count,” he said of his arrests.

Frank’s Landing, his family’s home along the Nisqually River north of Olympia, became a focal point for fish-ins. Frank and others continued to put their fishing nets in the river in defiance of state fishing regulations, even as game wardens watched on and cameras rolled. Documentary footage from that time shows game wardens pulling their boats to shore and confiscating nets.

One of the more dramatic raids of the time occurred on Sept. 9, 1970, when police used tear gas and clubs to arrest 60 protesters, including juveniles, who had set up an encampment that summer along the Puyallup River south of Seattle.

The demonstrations preceded the landmark federal court decision in 1974, when U.S. District Judge George Boldt reaffirmed tribal treaty rights to an equal share of harvestable catch of salmon and steelhead and established the state and tribes as co-managers of the resource. The U.S. Supreme Court later upheld the decision.

Hank Adams, a well-known longtime Indian activist who fought alongside Frank, said the bill doesn’t cover many convictions, which were civil contempt charges for violating an injunction brought against three tribes in a separate court case. He said he hoped those convictions could be included.

“We need to make certain those are covered,” said Adams, who was shot in the stomach while demonstrating and at one time spent 20 days in Thurston County Jail.

He also said he wanted to ensure that there was a process for convicted fishermen to clear their records posthumously, among other potential changes.

But Sid Mills, who was arrested during the Fish Wars, questioned the bill’s purpose.

“What good would it do to me who was arrested, sentenced and convicted? They’re trying to make themselves feel good,” he said.

“They call it fishing wars for a reason. We were fighting for our lives,” said Mills, who now lives in Yelm. “We were exercising our rights to survive as Indians and fish our traditional ways. And all of a sudden the state of Washington came down and (did) whatever they could short of shooting us.”

Toxic Waters, Part 2: Focus Should Be Clean Up, Not Do Not Eat, Tribal Leaders Say

Washington State's recommended fish consumption rates boil down to just 6.7 grams per day per resident, or one eight-ounce fillet per month.In contrast, Oregon's rate to determine how much contamination is allowable in its waters assumes a 175-gram-per-day consumption rate, or about 24 eight-ounce fillets per month. — Washington State’s recommended fish consumption rates boil down to just 6.7 grams per day per resident, or one eight-ounce fillet per month.In contrast, Oregon’s rate to determine how much contamination is allowable in its waters assumes a 175-gram-per-day consumption rate, or about 24 eight-ounce fillets per month.

Terri Hansen, 1/12/14, Indian Country Today Media Network

The problems associated with contamination in Northwestern waters are mounting.

For years the many contaminants in Washington State waterways have prompted the state’s Department of Health to issue official warnings against eating Washington fish too frequently. Washington currently has fish consumption advisories issued throughout the state.

“The tribes are not only interested in protecting all the species of fish they eat, but they’re also concerned about protecting their economic interests,” said Ann Seiter, fish consumption rate coordinator for the Northwest Indian Fisheries Commission.

Tribes are calling for major changes in pollution policy. When health officials from Washington and Oregon issued advisories for mid-Columbia River’s resident fish last September due to elevated mercury and PCB levels, tribal leaders were outraged.

“The focus should not be ‘Do not eat’–it should be ‘Clean up’–the Columbia River,” said Yakama Nation Chairman Harry Smiskin in a statement at the time.

The Umatilla, Yakama, Nez Perce and Warm Springs tribes urged the governors of Washington and Idaho to update water quality standards and fish consumption rates.

“The tribes believe that the long-term solution to this problem isn’t keeping people from eating contaminated fish—it’s keeping fish from being contaminated in the first place,” Columbia River Inter-Tribal Fish Commission Chairman Joel Moffett said in a statement. “Armed with higher fish consumption rates and water quality standards, we hope there will be a greater motivation to remove pollutants from the Columbia River and its tributaries.”

Washington has also issued a lower Columbia advisory that warns of PCBs, DDT and Dioxin as well as other compounds. To the state’s east, an advisory has been issued for the Spokane River, which is contaminated with PCBs, lead and other harmful materials. There is also a statewide mercury advisory.

Washington and Idaho are reevaluating their fish consumption rates, which are used to calculate water quality standards that protect human health. The four Oregon tribes urged Washington and Idaho to adopt at least the same rate that Oregon uses to establish water quality standards protective of all fish consumers in the region, according to the White Salmon Enterprise.

Oregon’s 175-grams-per-day suggested consumption is a more accurate representation of how much fish most of Oregon’s residents actually eat. But even that does not go far enough, tribal leaders say. State and federal governments must act to clean the polluted sections of the Columbia River contaminating fish, Smiskin said.

“The fish advisories confirm what the Yakama Nation has known for decades,” Smiskin said. “State and federal governments can no longer ignore the inadequacy of their regulatory efforts and the failure to clean up the Columbia River.”

The Yakama Nation repeatedly identified contaminated sites along the Columbia, expressing concerns for the health and culture of the Yakama people and calling upon the state and federal agencies for cleanup actions that would protect the tribe’s resources, retained by them in the Treaty of 1855.

“The new advisories once again pass the burden of responsibility from industry and government to tribes and people in the region,” Smiskin said. “Rather then addressing the contamination, we are being told to reduce our reliance on the Columbia River’s fish. This is unacceptable.”

Toxic Waters: Consumption Advisories on Life-Giving Year-Round Fish Threaten Health

Terri Hansen ICTMN

The iconic Chinook salmon, for millennia a cornerstone of Pacific Northwest diet, spirituality, ceremony and even the tribes’ economy, is fast becoming toxic in Washington State.

And rather than focus on cleaning up the waterways that year-round salmon reside in, Washington state agencies have issued fish-consumption advisories. The less fish consumed, at the lower limits, the higher concentration of contaminants is deemed acceptable.

But salmon are not just a way of life. They are life. And, Northwest tribes say, the cavalier attitude toward their contamination not only risks health but also guts treaty rights and the very way of life of the land’s original peoples.

Studies of adult salmon indicate that Puget Sound Chinook salmon have higher concentrations of legacy contaminants, such as polychlorinated biphenyls (PCBs), than salmon from other parts of the Northwest. The state’s solution? Limit consumption to one Puget Sound Chinook fillet a week, and two Puget Sound resident Chinook (blackmouth) fillets a month.

Tribal peoples in Western Washington who eat their usual intake of fish and seafood–indeed, the traditional foods they have eaten for millennia–must do so now at risk of disease due to the toxins that lurk in their waters, not to mention in their state politics. People who eat fish more than once a month are not protected by Washington State water quality standards.

Fish, with their high levels of precious proteins and rich omega-3 fatty acids, are touted as improving health and extending life. But fish from polluted waters can expose unborn babies, infants, children and adults to mercury, lead, arsenic, PCBs and other toxins that can compromise immune function, cause cancer and adversely affect reproduction, development and endocrine functions.

Washington State’s Department of Health recommends that residents eat no more than two fish fillets a week, in concert with very strict selection, preparation and cooking criteria, to avoid toxicity. Compare that with Washington State’s Department of Ecology’s fish consumption rate (FCR) determination of an eight-ounce fish fillet a month, or 6.5 grams a day.

“Washington uses one of the lowest FCRs in the nation to regulate pollution in our waters,” said Billy Frank Jr., (Nisqually), chairman of the Northwest Indian Fisheries Commission.

The less fish consumed by residents, said Frank, the more pollutants that can be dumped into waterways. The higher the fish consumption rate, the cleaner that Washington waterways will need to be. Establishing a higher consumption rate will force polluters to reduce the amount of new contaminants they dump into the water, keeping salmon and other seafood clean.

Studies reveal that Washingtonians are among the highest fish-consuming populations in the nation. That’s not surprising given that 29 federally recognized tribal nations exist within a state bound by the Pacific Ocean, the Columbia River and the Salish Sea, with the state itself wrapped around Puget Sound and interlaced with numerous rivers.

“State government admits that the current rate does not protect most Washington citizens from toxics in our waters that can cause illness or death,” said Frank. Washington’s rate should be at least as protective as Oregon’s rate of 175 grams per day, equivalent to about 24 eight-ounce fillets per month, Frank said.

The Columbia River Inter-Tribal Fish Commission’s (CRITFC) 1994 fish consumption survey revealed that the average Columbia River tribal member consumed 58.7 grams of fish per day, and also found that they typically ate the whole fish. The survey prompted Oregon to revise its FCR in 1994, which Oregon updated in 2011 in line with U.S. Environmental Protection Agency (EPA) recommendations. But industry in Washington, led by Boeing, say that Oregon’s standard is impossible.

Frank said the effort to adopt a more accurate FCR is one of the biggest public policy battles in the country, pitting human health against the economy.

“Industry leaders such as Boeing are digging in their heels to delay or kill rule-making on a more accurate rate because they say it will increase their cost of doing business,” he said.

“Tribal leaders were very disappointed when [Washington] failed to adopt fish consumption standards in 2012,” Ann Seiter, the FCR coordinator for the NWIFC, told ICTMN in reference to InvestigateWest’s five-part series on the issue in 2012.

InvestigateWest’s insightful five-part-plus series describes how former Governor Christine Gregoire was divided between acting for the tribes, powerful supporters who wanted stricter water pollution rules, and her supporters in the aerospace industry, like Boeing, which were against tightening FCR rules, in 2011–2012. Ecology stopped work on changes to water pollution rules in June 2012 with a delay to at least 2014, after which Gregoire would no longer be governor, the team reported.

“The tale of how Boeing and its allies beat back … Ecology’s attempt to change a fish consumption rate that pretty much everyone involved acknowledges is too low provides a fascinating look at how the levers of power are pulled in Olympia,” InvestigateWest said.

The tribes are upset with the continuing delays.

“They’ve taken their concerns to the EPA regarding their Trust responsibilities, as well as their obligations under the Clean Water Act,” Seiter said.

Under the federal Clean Water Act, river water should be clean enough so that people can eat the fish. Environment and fisheries organizations sued the EPA in October 2013 for non-compliance under the Clean Water Act for allegedly failing to protect Washingtonians from toxic pollution entering Puget Sound, the Columbia River, the Spokane River and other waterways.

In a letter to Ecology last June, the new Governor Inslee announced that he would organize an informal group of advisers from local governments, Indian tribes and businesses, according to InvestigateWest. Inslee’s letter to Ecology Director Maia Bellon, released last June 7, called for the agency to help educate Inslee’s advisory group, “including real-world scenarios illustrating how new criteria would be applied and how new implementation and compliance tools would work in the permitting context,” they reported. Ecology officials had already said the “implementation and compliance tools” could include giving businesses up to 40 years to cut pollution levels to the amount that presumably would be required once accurate fish-consumption rates are in place.

Tribal leaders responded by taking their concerns directly to Inslee, Seiter said.

In December China banned shellfish from the West Coast, citing, among other factors, high levels of inorganic arsenic in geoduck clams harvested by the Puyallup Tribe in the Redondo area of Puget Sound, according to Earthfix.opb.org. The ban underscored the direct negative economic impact of pollution on tribes.

“The tribes are not only interested in protecting all the species of fish they eat, but they’re also concerned about protecting their economic interests,” said Seiter.

Washington business associations, cities and counties together hired an engineering firm to prepare a report, released on December 4, 2013, that evaluated technologies potentially capable of meeting Ecology’s effluent discharge limits for revised human health water quality criteria for arsenic, benzo(a)pyrene (BAP), mercury, and PCBs. The report coincided with the public rollout and comment period for Ecology’s proposed rule changes to the state’s water quality standards in early 2014, including human health criteria involving the FCR.

“Currently there are no known facilities that treat to the [health water quality criteria] and anticipated effluent limits that are under consideration,” the report stated. It also reported limitations in proven technologies capable of compliance with the revised health water quality criteria.

One tribal official who spoke on condition of anonymity said tribal leaders are sticking close to these issues.

“As we discussed this ongoing environmental catastrophe, we decided we wouldn’t go to jail anymore like we did in the fish wars,” the leader told ICTMN. “But we are ready to go to war [to] protect the water.”

Filtered Stormwater Added to Annual Coho Salmon Experiment

WSU toxicologist Jenifer McIntyre and USFW biologist Steve Damm adjust the spouts for the barrels mimicking rain gardens for stormwater filtration.

Source: NWIFC

Rain gardens filter toxic chemical contaminants from stormwater before it flows into Puget Sound streams, but no one knows how well they protect the salmon that spawn in those streams.

That was this year’s question during the annual coho salmon stormwater experiment at the Suquamish Tribe’s Grovers Creek Hatchery.

Since 2011, tribal, federal and state scientists have been studying how salmon are affected by stormwater before they spawn.

In previous years, the research team found that adult coho were dying prematurely when they returned to spawn in urban watersheds throughout many areas of Puget Sound. Working with the tribe, the team hopes to better understand why stormwater runoff is so toxic, and also identify stormwater treatment methods that can effectively protect adult spawners.

At the hatchery this fall, scientists ran raw stormwater through four barrels of sand and compost. The barrels mimic the filtration that occurs when runoff is cleaned using various green stormwater infrastructure or low-impact development technologies. Unfiltered and filtered water were then placed into large tanks with fish to monitor their survival and observe their behavior. The team also exposed fish to clean well water from the hatchery.

“The Washington Department of Ecology recommends this kind of filtration technique for bioremediation and new low-impact development,” said Julann Spromberg, a NOAA toxicologist. ”We wanted to see how well it would work from the perspective of the fish – can we remove enough of the pollution from urban runoff to keep the coho spawners alive?”

Preliminary results show that this year was a success. Fish in the filtered water for 24 hours were alive and behaving normally, Spromberg said. In addition, the team conducted its regular experiment – exposing fish to hatchery well water and raw stormwater – and came up the expected results: the former survived, the latter did not.

“We don’t know exactly which contaminants are causing the fish to die, but we do know the bioretention filtration technique is effective,” Spromberg said.

The next step will be to take the filtered stormwater and the sand/compost mixture to try and determine what toxic components were filtered out, narrowing down what contaminants are causing salmon to die before they can spawn.

“I’m glad we’re able to provide a space for these folks to do this work,” said Mike Huff, Grovers Creek hatchery manager. “Anything we can do to support salmon survival benefits everyone.”

Partners in the project include the Suquamish Tribe, Environmental Protection Agency, Seattle Public Utilities, Kitsap County, National Oceanic and Atmospheric Administration, Washington State University, and U.S. Fish and Wildlife Service.

Record Chum Salmon Run in Hood Canal

Skokomish tribal member Annette Smith hauls in chum salmon in southern Hood Canal.

Source: Northwest Indian Fisheries Commission

Fishermen in Hood Canal saw a record number of fall chum salmon return this year with an expected runsize of 1.4 million.

Tribal and state managers reported that tribal and non-tribal fishermen caught 1.186 million fall chum in Hood Canal when the expected return was only 324,000. Last year, fishermen caught nearly 582,000 from a final runsize of 674,000.

Skokomish Tribe fishermen in particular were inundated with the amount of fall chum, most of which are produced from WDFW’s Hoodsport and George Adams Hatcheries and the Skokomish Tribes’ Enetai hatchery.

“With the large amount of salmon returning this fall, our fishermen and buyers attempted to keep up with the non-treaty fleet consisting of purse seine and gillnet vessels,” said Joseph Pavel, the tribe’s natural resources director. “The market was flooded by the non-treaty purse seine fleet, landing more than 442,000 fall chum in the last week of October.”

Excess salmon were recycled at a composting facility on the reservation. A local yard and garden supplier has been brought in to manage the composting operation.

Tribes partner in marine survival research

Source: Northwest Indian Fisheries Commission

Treaty Indian tribes have invested millions of dollars in hatchery programs and habitat restoration, but poor marine survival continues to stand in the way of salmon recovery.

Marine survival rates for many stocks of chinook, coho and steelhead that migrate through the Salish Sea are less than one-tenth of what they were 30 years ago.

“We have a solid understanding of the factors that affect salmon survival in fresh water,” said Terry Williams, commissioner of fisheries and natural resources for the Tulalip Tribes. “To improve ocean survival, we need a more complete understanding of the effects of the marine environment on salmon and steelhead.”

The Tulalip, Lummi, Nisqually and Port Gamble S’Klallam tribes are among the partners in the Salish Sea Marine Survival Project, which also brings together state and federal agencies from the United States and Canada, educational institutions and salmon recovery groups. The Salish Sea is the name designated to the network of waterways between the southwestern tip of British Columbia and northwest Washington. It includes the Strait of Juan de Fuca, Strait of Georgia, the waters around the San Juan and Gulf islands, as well as Puget Sound.

Led by the non-profit Long Live the Kings and the Pacific Salmon Foundation, the project is coordinating and standardizing data collection to improve the sharing of information and help managers better understand the relationship between salmon and the marine environment.

The project is entering a five-year period of intensive research, after which the results will be converted into conclusions and management actions.

“A new collaborative approach is being taken,” Williams said. “The question is, what do we do with the information we have and how do we make predictions?”

For more information, visit the Long Live the Kings website.