Boldt ruled treaty fishing of Northwest tribes a right, not a privilege


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Boldt ruled treaty fishing of Northwest tribes a right, not a privilege

  • Boldt ruled treaty fishing of Northwest tribes a right, not a privilege

  • Using dictionaries from the 1800s, interpreted “in common with” to mean the tribes were eligible to 50% of the harvestable run, after ceremonial and subsistence needs were met

  • Tribes were made co-managers of the fishery



The Boldt decision made the salmon economically viable for us as well, and is the foundation on which my mom’s generation was able to provide better opportunities for us kids, and ultimately led to a higher education level on the reservation. This in turn has helped to fuel the economic renaissance or the tribes. -Squaxin tribal member

  • The Boldt decision made the salmon economically viable for us as well, and is the foundation on which my mom’s generation was able to provide better opportunities for us kids, and ultimately led to a higher education level on the reservation. This in turn has helped to fuel the economic renaissance or the tribes. -Squaxin tribal member

  • If the case (Boldt decision) wouldn’t have been won there would not be any fish now.” – Gary Peterson, Evergreen Faculty & Skokomish tribal member





Passed in 1971 in response to growing environmental awareness

  • Passed in 1971 in response to growing environmental awareness

  • Requires local, state, and federal agencies to take environmental impacts into account when planning projects

  • How does it work?

  • How has it evolved?

  • Concerns around broad language



Luce, C. (1993). An Evaluation of Washington State Environmental Policy Act Implementation (SEPA). Environmental Impact Assessment Review, 13(5), 311-318.

  • Luce, C. (1993). An Evaluation of Washington State Environmental Policy Act Implementation (SEPA). Environmental Impact Assessment Review, 13(5), 311-318.

  • Petersen, K. C. (1995). River of Life, Channel of Death: Fish and Dams on the Lower Snake. Corvallis: Oregon State University Press.

  • Settle, R. L. (1986). Environmental Assessment: The Washington State Environmental Policy Act. The Northwest Environmental Journal, 2(2), 35-62.

  • Washington State Department of Ecology. (2002, May). Washington State Environmental Policy Act Focus Sheet. Retrieved December 5, 2010, from http://www.ecy.wa.gov/pubs/0206013.pdf

  • Washington State Department of Ecology. (2003). State Environmental Policy Act Handbook. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/pubs/98114.pdf

  • Washington State Department of Ecology. (2010a, August). New SEPA Checklist Guidance for Impacts to Agricultural Lands. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/programs/sea/sepa/enviro_checklist_guidance.html

  • Washington State Department of Ecology. (2010b, October 19). Greenhouse Gas Emissions and SEPA: Working Paper. Retrieved December 5, 2010, from Greenhouse Gas Emissions and SEPA: http://www.ecy.wa.gov/climatechange/docs/sepa/10192010_sepaghg_workingpaper.pdf

  • Washington State Department of Ecology. (n.d. a). Q & A: SEPA and Greenhouse Gas Emissions. Retrieved December 5, 2010, from Greenhouse Gas Emissions and SEPA: http://www.ecy.wa.gov/climatechange/docs/sepa/faq.pdf

  • Washington State Department of Ecology. (n.d. b). Frequently Asked Questions About SEPA. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/programs/sea/sepa/faq.htm













1974 listed

  • 1974 listed

  • Hunted to near extinction for 60 years



Temperature continues to rise



Section 7 of the ESA

  • Section 7 of the ESA

    • Human-caused alterations to habitat
    • Section 9 of the ESA
    • Green house gas contributions


WA wolf populations can survive warming temperatures

  • WA wolf populations can survive warming temperatures

  • If delisted the wolf may obtain protection through the ESA due to climate change

  • Proving human contributions remains challenging

  • The future of the wolf depends on humans





The Northern Spotted Owl has been the most influential driver in Washington State’s movement towards sustainable forestry.

  • The Northern Spotted Owl has been the most influential driver in Washington State’s movement towards sustainable forestry.

  • The policies enacted to protect Spotted Owl habitat has had profound impact on Washington socially, economically and environmentally.



Sustained Yield Model: Harvesting of a constant flow of forest products.

  • Sustained Yield Model: Harvesting of a constant flow of forest products.

  • Little attention paid to forest ecosystem augmentation: clear cuts, little or no riparian buffers, snags or down woody debris.



Report from the Interagency Scientific Committee (ISC) found:

  • Report from the Interagency Scientific Committee (ISC) found:

    • Decline in Northern Spotted Owl population > 1% annually
    • Spotted Owls specifically select forest with old growth characteristics as nesting sites
    • Suitable habitat continues to decline due to timbering practices.


1990 ISC “Thomas Committee”

  • 1990 ISC “Thomas Committee”

  • 1991Alternatives for Late-Successional Forests of the Pacific Northwest

  • 1993 Viability Assessments and Management Considerations for the Species Associated with LS/OG Forests in the PNW:



May 29, 1991: Halted logging in seventeen National Forests, (24 million acres) of critical owl habitat

  • May 29, 1991: Halted logging in seventeen National Forests, (24 million acres) of critical owl habitat

  • Logging practices were “a remarkable series of violations of environmental laws” –Judge Dwyer

  • 1994 Logging ban lifted, but only allows 1/5 annual timbering of the 1980s





1996 WA State DNR Habitat Conservation Plan:

  • 1996 WA State DNR Habitat Conservation Plan:

    • Modeled after the NWFP, enacted by WA Forest Practices Board
    • Spotted Owl habitat protection for state and private land must follow 1996 Permanent Rules for the Northern Spotted Owl.


Environmental:

  • Environmental:

    • Shift towards sustainable forestry
    • Ecosystem management over single species protection
    • Preservation of old-growth forests
    • Nearly 90% reduction in timbering on federal lands
    • Slowing of owl decline


Social

  • Social

    • Reduction in school construction funding
    • Owls versus jobs debate
    • Job loss 6,200 – 9,300 WA and OR combined
  • Economic

    • Weakening of Timber Industry
    • Damage to communities reliant on timbering federal lands
    • Logging has fallen nearly 50% on private, state and federal lands since 1991
    • Economic damage not as bad as originally projected


“No species in the United States has had a greater impact on land use planning at the landscape level”-Barry Noon: Conservation of NS Owl and the NWFP, (2006)

  • “No species in the United States has had a greater impact on land use planning at the landscape level”-Barry Noon: Conservation of NS Owl and the NWFP, (2006)

  • Northern Spotted Owl related policies saved old growth forests

  • Protective measures shifted forest practices towards sustainable forestry

  • Ecosystem management over single species protection













National Land Trusts

  • National Land Trusts

  • Access Fund

  • American Farmland Trust

  • American Land Conservancy

  • The Conservation Fund

  • The Great Outdoors Conservancy

  • The Humane Society of the United States Wildlife Land Trust

  • National Park Trust

  • The Nature Conservancy

  • Trust for Public Land

  • Wilderness Land Trust - An Accredited Land Trust



  • Methow Conservancy    Winthrop, WA

  • Palouse Land Trust    Moscow, ID

  • Chehalis River Basin Land Trust   Centralia, WA

  • Tapteal Greenway    Richland, WA

  • Lummi Island Heritage Trust   Lummi Island, WA

  • Chelan-Douglas Land Trust   Wenatchee, WA

  • Sportsmen's National Land Trust, Inc.   Agawam,

  • Blue Mountain Land Trust    Walla Walla, WA

  • PCC Farmland Trust    Seattle, WA

  • Save Habitat and Diversity of Wetlands Organization 

  • Okanogan Valley Land Council    Tonasket, WA

  • Dishman Hills Natural Area Association    Spokane, WA

  • Columbia Land Trust    Vancouver, WA

  • Inland Northwest Land Trust    Spokane, WA

  • Yakima Greenway Foundation    Yakima, WA

  • North Olympic Land Trust    Port Angeles, WA

  • Kittitas Conservation Trust    Roslyn, WA

  • Cowiche Canyon Conservancy    Yakima, WA





2010 public policy priorities:

  • 2010 public policy priorities:

  • Making the enhanced easement incentive permanent

  • Creating estate tax incentives for conservation

  • Improving IRS administration of conservation donation rules

  • Protecting conserved lands from energy transmission facilities

  • Promoting land trust ideas in the America’s Great Outdoors Initiative



Energy Development Threats to Conservation

  • Energy Development Threats to Conservation

  • In an alarming trend over the last few years, large swaths of farms, forests and wildlands permanently protected for the benefit of the public have been targeted for the siting of energy infrastructure projects. As climate and energy bills move through Congress, the push for rapid development of low carbon energy and new transmission lines should not, as an unintended consequence, undo years of work and public and private investment in conservation.

  • Responding to Climate Change

  • Global climate change is both a challenge and an opportunity for the land conservation community. Since natural landscapes sequester carbon dioxide, land trusts can be part of the solution. Meanwhile, new funding sources generated by climate legislation may help land trusts adapt to the challenge of a changing landscape.




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