Washington Archives - Page 14 of 22

Legal Marijuana Raises Issues for Indian Tribes

Washington and Colorado each has their own set of pot problems

By Katy Steinmetz / San Francisco @katysteinmetz Feb. 06, 2014

Washington’s Yakama tribe lives on a one million-acre reservation in the southern part of the state, a relatively small patch left after nearly 12 million acres was ceded to the U.S. government by the nation in 1855. As state officials are racing to build one of the world’s first legal marijuana markets, tribe officials are making it clear that their reservation wants no part of it—and they don’t want anyone else growing or selling cannabis on their ceded land either, to which they maintain certain rights. But it remains unclear whether they have the legal authority to make a demand that affects nearly a third of the land area in the state.

The laws that govern American Indian reservations have long been confusing. Many tribes are subject to only their own laws and federal law, while certain reservations are under state jurisdiction. Now adding to the confusion in Colorado and Washington is the uncertainty about how those states can legally regulate a substance still considered illegal by the federal government. And while many Yakama are anxious to keep the marijuana market far away—fueled by concern about substance abuse—other advocates for American Indians are mad that tribes can’t enjoy the new freedoms that other state residents have.

People in Colorado and Washington who don’t live on reservations “are moving forward with this massive experiment,” says Troy Eid, chairman of the Indian Law and Order Commission, a national advisory body focused on criminal justice in Indian territory. “And, once again, these tribes are getting screwed.”

AP Photo/Yakima Herald-Republic, Gordon KingYoung men wait to take part in an annual pow wow and rodeo in Toppenish, Wash. The boys are members of the Coleville and Yakama tribes. — AP Photo/Yakima Herald-Republic, Gordon King
Young men wait to take part in an annual pow wow and rodeo in Toppenish, Wash. The boys are members of the Coleville and Yakama tribes.

The Washington State Liquor Control Board is tasked with shaping the new market in that state. Right now, they’re sifting through more than 7,000 business license applications from residents who want to farm marijuana or run pot shops, and they plan to start issuing those licenses in March. This is where leaders from the Yakama tribe have addressed “several hundreds” of letters, each “pro-objecting,” as their attorney George Colby puts it, to individual applications made from areas the tribe occupies or once did. “Citizens of the state of Washington don’t get to vote on what happens” in those areas, he says. “The federal government wasn’t supposed to let alcohol come on the Yakama reservation, and thousands of people have died. We’re not going to let that happen again.”

There is little question about tribes in Washington being able to prohibit marijuana use among their own people on their own land (though there is some question about “tribes’ ability to regulate non-member conduct on the reservation,” the attorney general’s office says). The big unknown is how much authority they have over sprawling ceded lands, acres that were essentially handed up to the federal government more than 150 years ago with the promise that tribes would retain certain rights to those lands in perpetuity. In the Yakama’s case, members still have the exclusive right to hunt, fish and gather food on those 12 million acres.

Eid, an expert in tribal law appointed to his position by the president and Congress, says that while it’s not “absolutely clear,” he believes the Yakama do have the ability to object to marijuana being grown or sold on ceded lands. Meanwhile, the Washington state liquor board says they’re still planning to issuing licenses to businesses in those areas. “Objections are made all the time to licenses,” says spokesman Brian Smith. “You want to make sure you’re operating within the law as you know it, and that’s what we’ll be doing here.”

Neither side knows for sure, and that is a recipe for the conflict to end up in court, which might in turn force the question of how the discrepancy between state and federal law is going to be remedied when it comes to marijuana. The Washington attorney general’s office tells TIME that they will defend the liquor board if they’re sued, but that “the Liquor Control Board is still in the process of issuing licenses so it would be premature to speculate on the issue of how a court might rule on the issue of licenses on ceded lands.” Colby says that they will request the federal government to intervene if their ongoing pre-objections are not heard.

Other tribes in the state have yet to weigh in but Eid says that they are likely to stand with the Yakama, if only to make sure their rights to their own ceded lands remain as robust as possible. He also says that it would be ideal if everyone sat down in a room together and hashed out the issue. “They can work out what the scope of marijuana use and cultivation and distribution and so on could be,” he says. “They ought to be able to come to a voluntary agreement that would enable them to avoid any issues involving litigation.”

When Eid is not working on the commission, he acts as counsel for the Ute Mountain Ute tribe, one of two in Colorado. Unlike the Yakama reservation, where state law enforcement has some authority, reservations in the Rocky Mountain State are bound solely by federal and tribal law. That means that while reservation-dwellers in Colorado were allowed to vote in favor of Amendment 64, the proposal that legalized recreational marijuana, it remains illegal to grow, sell or smoke on their reservations as it ever was. (La Plata County, one of two with large American Indian populations, voted to approve the measure by 62% to 38%.)

Some of the American Indians in Colorado view their current situation as a missed business opportunity. “Capital is flowing in here from all over the world,” Eid says. “The tribes are going to be left behind, because there’s been no change in state law that applies to them … These are some of the poorest areas in the country. They could be involved in this business as well, but instead they’re being prohibited from being part of what’s happening.”

One way or another, the federal government may have to weigh in on the issue, whether it’s Congress eventually giving tribes the authority to decide whether they want to legalize marijuana or a federal judge ruling on the status of ceded lands. “This is one of so many of the issues that we are pushing through,” says Smith. “We’re sort of the pioneers here. But we continue onward, into some unknown territory.”

Nature Conservancy Raises $33.3 Million for Conservation

Private donations transform work to restore natural systems in Washington and around the world

Source: The Nature Conservancy

Seattle — The Nature Conservancy’s three-year Forces of Nature campaignhas raised $33.3 million in private dollars for conservation in Washington and internationally. The campaign, the largest in the chapter’s history and one of the largest campaigns for conservation ever in Washington, was focused on conserving and restoring natural systems while enhancing the well-being of people.

“Our economy and quality of life are intertwined with our state’s clean water, abundant natural resources and astounding beauty,” said Mike Stevens, the Conservancy’s Washington director. “Through their generosity to this campaign, the people of Washington have shown they understand and value what we have and are willing to work to steward it.”

“We are grateful to our donors who have demonstrated their passion and commitment to conservation even during difficult economic times,” said Campaign Chair Elaine French, a volunteer and member of the state chapter’s board of trustees.

In all, the Conservancy raised nearly $18 million for acquisitions, $10 million for on-the-ground work, and more than $6 million for international programs.

Funds raised through the Forces of Nature Campaign are already bringing results.

Puget Sound: Partnership-driven, high-impact projects are blending flood protection, salmon habitat, stormwater reduction and agricultural preservation across more than 1,000 acres of floodplains along eight major rivers.
East Cascade Forests: Critical timberlands have been brought into public ownership and we are partnering to restore forests to reduce the risks of catastrophic megafires, while promoting ways to ensure the economic viability of forest-dependent communities.
Olympic Rainforest: We are working hand in hand with coastal communities to conserve and restore forests along our most important coast salmon rivers.
Marine Waters: A new program focuses on conserving Washington’s 28,000 square miles of marine waters and fisheries in Puget Sound and off the coast.
Emerald Edge: A new international program conserves habitat, restores forests and fisheries and builds sustainable economies across 70 million acres in the world’s largest temperate rainforest, stretching from the Washington coast through British Columbia and into Southeast Alaska.
International: Support from Washington allows Conservancy programs around the world to benefit nature and people, for example protecting elephant habitat in Africa through indigenous communities.

Forty-five donors gave gifts of $100,000 or more. The campaign was also supported by corporations and private foundations, including Boeing, Harriet Bullit’s Icicle Fund, and the Paul G. Allen Family Foundation.

“What makes this campaign so special is our work with people—farmers, fishermen, loggers, business owners, tribal communities—to develop projects that will have the biggest impact on people’s lives and on our future,” said Mary Ruckelshaus, chair of the chapter’s board of trustees. “Using innovative, science-based solutions, we are making life better for people and communities while protecting the natural resources on which we all depend.”

Developing A Taste For Geoduck In The Northwest

Michael Gifford, chef at Seattle's How To Cook A Wolf, shows off a geoduck he's preparing. | credit: Ashley Ahearn — Michael Gifford, chef at Seattle’s How To Cook A Wolf, shows off a geoduck he’s preparing. | credit: Ashley Ahearn

By Ashley Ahearn, OPB

The Locavore movement is thriving in the Northwest — with one big exception. When it comes to Puget Sound geoduck clams, the shellfish industry and local chefs are still trying to create a demand for them at home.

Geoduck clams from Washington state are prized in Asia, creating a lucrative market for the Puget Sound region’s tribal and commercial shellfish harvesters. But two months ago, China banned all shellfish imports from most of the West Coast after finding high levels of arsenic in a sample from Washington. The move has hit Washington hard, particularly the geoduck industry.

And that has the industry turning to local chefs to help boost demand close to home.

Local chef Michael Gifford remembers his first experience with geoduck clams. He got his first taste at a sushi restaurant soon after he moved to Seattle from New Jersey.

“I was like, wow, I’ve never seen this before. It’s really unique. We’re very fortunate here to have this product,” Gifford says.

These days Gifford is the chef at the Seattle restaurant How To Cook A Wolf, where geoduck clams make regular appearances on the menu. He extolled the virtues of the region’s largest clam recently while preparing geoduck crudo, or in the raw.

“This is going to get a little raunchy. As you can see the geoduck is a very phallic looking animal,” he said, standing in the stainless steel kitchen as two large clams sat on a shelf nearby, their foot-long siphons draping down.

“So what we do is we bring them in, let them relax a little bit, let them go down and get out to its natural length,” Gifford quips. These necks can stretch to a meter in length.

Gifford is ready to remove the skin from a geoduck’s neck. Credit: Ashley Ahearn.

Gifford places the clams into boiling water, then into ice water to “shock them.” This process makes it easy to remove the outer skin of the geoduck.

When these filter-feeders are burrowed in the sand and mud of Puget Sound, their outer skin gathers more arsenic and other trace metals than does the rest of their body. The Washington Department of Health confirmed this in December, when it went back and tested more than 50 geoduck clams after China instituted its ban. The skin of every single clam had amounts of arsenic that exceed levels that China has deemed safe for human consumption.

The clams’ other body tissue types — those found in the neck, the mantle and the gut ball — were OK in all but one sample tested by the Washington state agency.

Bill Dewey is with Shelton, Wash.-based Taylor Shellfish Farms, which bills itself as the largest producer of geoducks in the United States. He says the company has had more testing done on several different kinds of shellfish it sells, including geoduck. The levels of metals are all very low, but they’re there.

“You will see arsenic, cadmium, selenium, all sorts of different metals some good for you some not good for you in all your shellfish,” Dewey says.

The Washington Department of Health rigorously tests shellfish for biotoxins and bacteria that can make people sick immediately. But it doesn’t regularly test for metals. Past tests from the DOH have shown metals in shellfish at levels below public health concerns. As with all seafood, it’s a question of how much shellfish you eat.

As Michael Gifford slices pearly strips of flesh off of the neck of a geoduck clam, it’s hard to think of anything other than the next step in his recipe.

He’s finely mincing Fresno chili peppers and celery. Then he smears a green stripe of avocado puree onto the plate. Finally, Gifford arranges the silken white, paper-thin strips of geoduck in ruffles.

“So then, the real fun. We’ll dress it with some nice olive oil. Little bit of lemon. We use fleur de sel, a very nice sea salt,“ Gifford says. “It’s not full of brine, but you’re getting that hint of the ocean.”

For centuries native Americans harvested geoducks from the tideflats of Puget Sound. (The word “geoduck” comes from the Nisqually word “gweduc,” meaning “dig deep.”) These were the biggest clams to be found — weighing as much as 16 pounds or more. Northwest Indians ate them fresh or smoked. By the late 1800s the region’s white settlers came to consider them a delicacy. But by the mid-20th century geoducks had all but disappeared from area beaches. To prevent the clams from becoming extinct, the government made it illegal to sell geoduck clams in restaurants and markets.

In the 1970s scuba divers discovered that geoduck clams hadn’t actually been harvested to extinction. They were bountiful in the deeper waters of Puget Sound. But by then, few Northwesterners had an interest in dinning on them in area restaurants. But the story took a different turn in Asia. An intense marketing campaign popularized them in Asia — especially among the newly rich Chinese — causing the price to soar. They’re an especially popular delicacy around the lunar New Year (aka Chinese New Year), which takes place this year on Jan. 31.

A geoduck crudo prepared by chef Michael Gifford. Credit: Ashley Ahearn

Though the clams are popular abroad, local markets are still growing. Bill Dewey says for the past decade or so, Taylor Shellfish has been actively promoting geoduck to restaurants around the Northwest. There are now close to 20 restaurants in Seattle with geoduck on the menu.

Geoduck can sell for close to $100 per pound in China, while Seattle restaurants pay around $20 per pound. The domestic market isn’t making up for the industry’s losses abroad.

Read: How To Cook A Geoduck

Dewey says his company has had to cut back. “We did our best through the holidays to keep people employed, but ultimately it’s gone on long enough that we’ve had to lay some people off,” Dewey says. Taylor has laid off 14 people and estimates its losses at upwards of $1 million.

The Chinese ban is affecting others, too. Divers with the Suquamish and other tribes have been out of work for weeks, losing thousands of dollars every day. The Department of Natural Resources is out close to $1 million in revenue from geoduck harvested on state lands.

Dewey says he’s optimistic that China might lift the ban soon.

For now, geoduck may be a tough sell for most Northwest diners. But if more chefs like Michael Gifford have their way with this quirky clam, the future might look a little more delicious.

Katie Campbell contributed to this report. Toni Tabora-Roberts produced this story for the web.

New Legislation Calls For Transparency On Oil Moving Through Washington

With more oil moving through Washington by train and other transportation modes, state lawmakers want oil companies to keep environmental regulators better informed. | credit: Katie Campbell | rollover image for more

Ashley Ahearn, OPB

SEATTLE — Washington lawmakers took up a proposal Wednesday to require more transparency from companies that transport oil through the state.

The hearing on House Bill 2347 played out before a packed committee room in Olympia. The new bill would require oil companies to file weekly reports with the state Department of Ecology detailing how much oil is being transported, what kind of oil it is, how it’s being moved and what route it’s traveling through the state.

Right now oil companies aren’t required to share any specific information with state agencies about how much oil is traveling the railways.

Johan Hellman of BNSF Railway says it should stay that way. BNSF is the company currently delivering oil from the Bakken oil fields of North Dakota to Washington refineries. That traffic could increase as rail-to-ship transfer terminals are being proposed for ports on the Columbia River and Puget Sound.

Hellman said increased transparency brings greater security risks.

“You can imagine if you’re publicizing information about specific routes, specific volumes, locations where those are being shipped it does provide a tremendous security concern,” he said in his testimony, adding that the oil companies don’t want to share that information for competitive purposes.

The U.S. Department of Transportation has classified Bakken oil as a hazardous material because it catches fire and explodes at much lower temperatures than previously thought.

Several city and county officials voiced support for the bill and concerns over the uptick in oil-by-rail traffic.

“I think we’re taking bombs through our cities when you look at Spokane,” said Ben Stuckart, president of the Spokane city council. “We’re in a situation where our town would be split in half if we look at a derailment.”

Oil trains currently run through Spokane before following the Columbia River. Once in Western Washington, they head north through the Interstate 5 corridor, passing through other towns and cities along their route.

More oil was spilled from trains in 2013 than in the last four decades combined. That’s according to an analysis of federal data by McClatchyDC.

The bill could be amended before passing out of committee. No Republicans have signed on to support the bill.

Oregon’s Treasurer Casts Doubt On I-5 Bridge Tolling Plan (in WA)

By Chris Lehman

Jan 10 2014 nwNewsnetwork.org

Oregon’s state treasurer says he won’t approve bonds for a new I-5 bridge across the Columbia River without a guarantee: that Oregon can collect tolls from Washington drivers.

An artist's rendition of the proposed 1-5 bridge over the Columbia River.Columbia River CrossingSource: nwNewsNetwork.org — An artist’s rendition of the proposed 1-5 bridge over the Columbia River.
Columbia River Crossing
Source: nwNewsNetwork.org

The statement Friday is a response to a new analysis that says tolls will be enough to pay off the bonds for the project.

Oregon Treasurer Ted Wheeler says it’s not that he doubts enough drivers will use the proposed bridge, dubbed the Columbia River Crossing. It’s that he’s not sure enough of those drivers will actually pay the toll.

The new I-5 bridge would rely on electronic tolling. The money is either collected from a vehicle-mounted transponder or by scanning license plates and sending the driver a bill.

Here’s the thing: the majority of bridge commuters live in Washington. So the state of Oregon would need to work out an agreement with its cross-river neighbor to collect tolls from Washington drivers. Talks are under way between the states but no deal has been reached yet.

Wheeler says without such a deal, he’s not sure whether toll money would be enough to pay the debt on building the bridge.

Lawmakers in Olympia are wary of turning over control of tolling to Oregon. But Washington lawmakers have not approved any funding from their state to help build the bridge.

Inslee’s spending plans trigger Republican protests

Gov. Jay Inslee, in his State of the State address Tuesday, called for a boost in K-12 funding, but that and his other proposals — boosting teacher pay and increasing the state minimum wage — kicked up a storm of Republican protest.

ELLEN M. BANNER / THE SEATTLE TIMESGov. Jay Inslee listens to a a standing ovation shortly before giving his first state of the state address in the House of Representative chambers at the Washington State Capitol Tuesday afternoon. — ELLEN M. BANNER / THE SEATTLE TIMES
Gov. Jay Inslee listens to a a standing ovation shortly before giving his first state of the state address in the House of Representative chambers at the Washington State Capitol Tuesday afternoon.

By Andrew Garber, Seattle Times Olympia bureau

OLYMPIA — Gov. Jay Inslee’s proposals to boost teacher pay and increase the state minimum wage ran into a wall of Republican opposition after his State of the State address Tuesday.

The GOP-led caucus that controls the Senate slammed the governor’s ideas, saying they would go nowhere in that chamber. Democrats control the House and the governor’s office.

Asked if more money is needed for education this session, Senate Majority Leader Rodney Tom said, “No … We already addressed the money issues this last time with over a billion dollars.”

Tom, a Medina Democrat who crossed party lines to give Republicans control of the Senate, was referring to increased education funds in the budget approved by lawmakers last year.

Regarding the minimum wage, Sen. Linda Evans Parlette, R-Wenatchee, said, “If you raise the minimum wage, you’re going to have more small businesses go out of business, which means more people will lose jobs. It’s the wrong direction.”

The governor’s proposal to boost K-12 funding by $200 million, including cost-of-living increases for teachers, came as a surprise, considering he had previously said the state should wait until 2015 to address education funding.

Inslee said he changed his mind after the state Supreme Court told lawmakers last week to speed up their efforts to meet a court mandate for increased funding for education. The justices set an April 30 deadline for the Legislature to come up with a complete, year-by-year plan to meet the court’s requirements.

“I’ve had to rethink that approach. Or, to be candid, the Supreme Court has forced us all to look anew at funding our education system this year,” the governor said in his speech.

Inslee noted the Supreme Court wrote that it “wants to see ‘immediate, concrete action … not simply promises.’ ”

Inslee said he would look at closing tax breaks to pay for the funding increase, but did not go into details.

House Majority Leader Pat Sullivan, D-Covington, agreed the Legislature should take action this session.

“I think we’re going to have to look at additional investments,” Sullivan said. “The order from the Supreme Court was a game changer. It elevated the need to put more funding into K-12 education this year.”

Sullivan said he agrees the Legislature should look at closing tax breaks, but said it’s too early to say which ones.

House Democrats have already drafted legislation to give teachers a cost-of-living increase.

Rich Wood, a spokesman for the Washington Education Association, said the legislation has 52 signatures by representatives, enough support to pass the 98-seat House.

Wood said there’s no Senate version of the bill at this point.

Inslee, in his speech, said, “We need to stop downplaying the significance” of the state Supreme Court’s order, adding the justices wrote that “this case remains fully subject to judicial enforcement.”

But Republicans did not seem impressed.

“Their job is to be the judiciary branch, our job is to be the legislative branch,” said House Republican Leader Dan Kristiansen, of Snohomish. “While I appreciate their strong concerns, what I don’t appreciate is that it almost comes across that they want to do both our jobs. And if that’s what they want to do, let them run for the Legislature.”

In addition to money for education, Inslee renewed his call for raising the state’s $9.32-an-hour minimum wage, this time adding a range of $1.50 to $2.50 for the increase.

“As I look out at this chamber today, I recognize the political realities of the split control of Olympia,” Inslee said, referring to the GOP-led Senate majority. “But we must spend time and energy — and yes, political capital — helping make sure everyone in Washington is paid a fair wage.”

Patrick Connor, state director for the National Federation of Independent Business, said his group opposes the increase.

“A minimum-wage hike doesn’t help anybody get a job. We should be focused on getting people jobs first and then talk about whether workers are getting paid enough,” he said.

Port of Vancouver gets partial win in oil lawsuit

Associated Press

VANCOUVER, Wash. (AP) – A Clark County judge has given a partial victory to the Port of Vancouver in a lawsuit over a proposed oil terminal.

The Columbian reports Superior Court Judge David Gregerson has dismissed a claim by three environmental groups.

The decision means the lease – worth at least $45 million over 10 years – has been approved. The judge’s ruling could be appealed, but the environmental impact study will go forward.

At the same time, Gregerson said there’s a “public benefit” in allowing Columbia Riverkeeper, the Sierra Club and Northwest Environmental Defense Center to pursue their separate complaint that the port violated the state Open Public Meetings Act by holding an illegal secret meeting to discuss the lease.

Tesoro Corp. and Savage Cos. want to build a $110 million oil terminal capable of handling as much as 380,000 barrels of crude per day, a proposal that’s attracted strong public opposition.

Outside the courtroom Friday, Brett VandenHeuvel, executive director of Columbia Riverkeeper, said the decision was a victory, allowing the groups to gather facts, including what port commissioners discussed during a July 22 executive session.

VandenHeuvel declined to comment on whether the groups would appeal Gregerson’s decision involving the state environmental law.

“We are pleased with the result of the judge’s ruling,” port Executive Director Todd Coleman said in a news release. “We look forward to continuing our efforts to create a prosperous Clark County in a responsible and sustainable manner. The port will continue to work collaboratively with the environmental community and other stakeholders as the Tesoro-Savage project is reviewed” by the state Energy Facility Site Evaluation Council and Gov. Jay Inslee.

Tesoro and Savage submitted their permit application for the oil terminal on Aug. 29 to the state Energy Facility Site Evaluation Council. The council will eventually make a recommendation to Inslee, who has the final say over whether the oil terminal gets built.

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.”

Washington Initiative Promoter Files Measure To Resurrect Anti-Tax Rule

Washington initiative promoter Tim Eyman kicked off the New Year with a new ballot proposal.

Jan 6, 2014 NWNewsNetwork

By Austin Jenkins

Credit Austin Jenkins / Northwest News NetworkInitiative promoter Tim Eyman has a plan to resurrect the two-thirds vote requirement for tax increases in Washington — Credit Austin Jenkins / Northwest News Network
Initiative promoter Tim Eyman has a plan to resurrect the two-thirds vote requirement for tax increases in Washington

It’s designed to resurrect the requirement that tax hikes get a two-thirds majority in the legislature or be referred to the people. This time Eyman has designed a hammer to get the legislature to act.

Last year, the Washington Supreme Court tossed out Eyman’s two-thirds requirement for tax increases as unconstitutional – something Washington voters had repeatedly approved. Now Eyman’s back with a creative proposal: he would cut the state sales tax by one cent if the legislature doesn’t approve and send to voters a constitutional amendment to bring back the super majority rule.

“Either they let us vote, which costs them nothing, or we get the largest tax cut in Washington state history,” says Eyman.

A one penny cut in the sales tax would amount to about $1 billion a year in lost revenue to the state. Eyman would need to gather nearly 250,000 valid voter signatures to put his measure on this fall’s ballot.

The 2014 initiative season is also underway in Oregon. Measures on same-sex marriage, marijuana legalization and liquor privatization are all expected to qualify for the ballot.

In Idaho, there are proposed ballot initiatives to raise the minimum wage and allow medical marijuana.