Supreme Court Affirms Native American Treaty Rights to Harvest Salmon
By Terri Hansen
The Supreme Court affirmed the treaty rights of tribal nations in Washington state Monday in a case that also confirms the treaty rights of tribes throughout the West. By ruling to leave in place a lower court decision mandating that the state of Washington replace salmon blocking culverts with passable ones, the court upheld the treaty rights of tribes to have sustained access to their First Foods: salmon.
The tribes in Washington state are rejoicing.
"It's a fantastic day for Indian country," Willie Frank, the son of Billy Frank Jr., said this morning. Billy Frank Jr. was the Nisqually activist whose activism helped bring about the landmark Boldt Decision which, in 1974, reaffirmed the rights of tribes in Washington state to harvest salmon and co-manage them alongside state managers. More than 50 years later, his son Frank said the recent court decision helped build on the legacy of that original ruling.
"It's a great day for our salmon, our tribes, and our treaty rights," he said. "In 2018 the Supreme Court still recognizes that our treaties are the supreme law of the land. It's not just a piece of paper that was signed in 1855. We never gave up these rights. We reserved these rights in exchange for most of the land in western Washington."
The justices tied 4-4 in affirming a Ninth Circuit Court ruling in favor of the tribes in a case that has been brewing since 2001, with treaty tribes in western Washington and the Yakama Nation in eastern Washington challenging the state to remove or repair impassable road culverts that block salmon from returning to their historic spawning habitat.
The main question, however, was whether treaties signed in 1854 and 1855 guaranteed there would always be enough fish to provide 21 western Washington tribes with a "moderate living." The Ninth Circuit Court gave a qualified "yes" to the question, and now, the Supreme Court has affirmed that decision.
"Today's ruling shows that our treaties are living documents," Lorraine Loomis, chair of the Northwest Indian Fisheries Commission said in a statement. "They are just as valid today as the day they were signed."
The 21 tribal governments had based their culverts case on a 1997 report prepared by the state's Department of Fish and Wildlife and the state Department of Transportation that said: "Fish passage at human made barriers such as road culverts is one of the most recurrent and correctable obstacles to healthy salmonid stocks in Washington."
But Washington's attorney general Bob Ferguson had argued to the Supreme Court that the tribal governments failed to make "any specific showing that those culverts have significantly diminished fish runs or tribal fisheries, or that replacing them will meaningfully improve runs."
He also argued the Ninth Circuit decision would force state taxpayers to pay for problems largely created by the federal government and would not benefit salmon. He said the state had no "treaty-based duty to avoid blocking salmon-bearing streams." The Ninth Circuit disagreed, stating: "The Indians did not understand the Treaties to promise that they would have access to their usual and accustomed fishing places, but with a qualification that would allow the government to diminish or destroy the fish runs."
Today is a great day for salmon, tribes, treaty rights and everyone who lives in western Washington, Loomis said. "We honor the wisdom of our ancestors who signed the treaties and those like Billy Frank Jr., who fought so hard for the survival of the salmon and for our treaty-reserved rights to be upheld."
Loomis said the ruling means more salmon for everyone. "It will open hundreds of miles of high quality salmon habitat that will produce hundreds of thousands more salmon annually for harvest by Indians and non-Indians."
Frank said that the tribe's stewardship of the salmon and the waters and natural resources—stewardship that includes fighting this court case—benefits everyone, both humans and nonhumans, in western Washington. This includes the orcas who rely on salmon and whose numbers are dwindling because of the loss of some populations of salmon in the state, he said.
"Today's decision marks seven generations of conflict in our struggle to fully exercise and protect the Pacific Northwest salmon resource the way our ancestors envisioned when they signed the treaties and ceded millions of acres of land across Washington," Fawn Sharp, president of the Quinault Indian Nation said.
"It is my prayer and sincere hope we can now rise above a century and a half of conflict, litigation, bloodshed, and heartbreak toward a new chapter of political, cultural, and environmental justice and reconciliation for the benefit of all of Washington," she said.
Reposted with permission from our media associate YES! Magazine.
EcoWatch Daily Newsletter
The Washington Redskins will retire their controversial name and logo, the National Football League (NFL) team announced Monday.
By Alyssa Murdoch, Chrystal Mantyka-Pringle and Sapna Sharma
Summer has finally arrived in the northern reaches of Canada and Alaska, liberating hundreds of thousands of northern stream fish from their wintering habitats.
A Good News Story?<p>On the surface, the <a href="https://doi.org/10.1111/fwb.13569" target="_blank">results from our study</a> appear to provide a "good news" story. Warming temperatures were linked to higher numbers of fish, more species overall and, therefore, potentially more fishing opportunities for northerners.</p><p>Initially, we were surprised to learn that warming was increasing the distribution of cold-adapted fish. We reasoned that modest amounts of warming could lead to benefits such as increased food and winter habitat availability without reaching stressful levels for many species.</p>
Photo of Arctic grayling (left) and Dolly Varden trout (right). Alyssa Murdoch / Lilian Tran / Nunavik Research Centre and Tracey Loewen / Fisheries and Oceans Canada<p>Yet, not all fish species fared equally well. Ecologically unique northern species — those that have evolved in colder, more nutrient-poor environments, such as Arctic grayling and Dolly Varden trout — were showing declines with warming.</p>
Fish Strandings and Buried Eggs<p>Recent news headlines run the gamut for Pacific salmon — from their increased escapades <a href="https://nunatsiaq.com/stories/article/more-pacific-salmon-showing-up-in-western-arctic-waters/" target="_blank">into the Arctic</a> to <a href="https://www.juneauempire.com/news/warm-waters-across-alaska-cause-salmon-die-offs/" target="_blank">massive pre-spawning die-offs</a> in central Alaska. Similarly, results from our study revealed different outcomes for fish depending on local climatic conditions, including Pacific salmon.</p><p>We found that warmer spring and fall temperatures may be helping juvenile salmon by providing a longer and more plentiful growing season, and by supporting early egg development in northern regions that were previously too cold for survival.</p><p>In contrast, salmon declined in regions that were experiencing wetter fall conditions, pointing to an increased risk of flooding and sedimentation that could bury or dislodge incubating eggs.</p>
Headwaters of the Wind River within the largely intact Peel River watershed in northern Canada. Don Reid / Wildlife Conservation Society Canada / Author provided<p>Interestingly, we found that certain climatic combinations, such as warmer summer water temperatures with decreased summer rainfall, were important in determining where Pacific salmon could survive. Summer warming in drier watersheds led to declines, suggesting that lowered streamflows may have increased the risk of fish becoming stranded in subpar habitats that were too warm and crowded.</p>
The Fate of Northern Fisheries<p>The promise of a warmer and more accessible Arctic has attracted mounting interest in new economic opportunities, <a href="https://doi.org/10.1016/j.marpol.2019.103637" target="_blank">including fisheries</a>. As warming rates at higher latitudes are already <a href="https://www.ipcc.ch/sr15/" target="_blank">two to three times global levels</a>, it seems probable that northern biodiversity will experience dramatic shifts in the coming decades.</p><p>Despite the many unknowns surrounding the future of Pacific salmon, many fisheries are currently <a href="https://doi.org/10.1080/03632415.2017.1374251" target="_blank">thriving following warmer and more productive northern oceans</a>, and some <a href="https://doi.org/10.14430/arctic68876" target="_blank">Arctic Indigenous communities are developing new salmon fisheries</a>.</p><p>As warming continues, the commercial salmon fishing industry is poised to expand northwards, but its success will largely depend on extenuating factors such as <a href="https://www.eenews.net/stories/1060023067" target="_blank">changes to marine habitat and food sources</a> and <a href="https://www.yukon-news.com/news/promising-chinook-salmon-run-failed-to-materialize-in-the-yukon-river-panel-hears/" target="_blank">how many fish are caught during the freshwater stages of their journey</a>.</p><p>Even with the potential for increased northern biodiversity, it is important to recognize that some northern communities may be unable to adapt or may <a href="https://thenarwhal.ca/searching-for-the-yukon-rivers-missing-chinook/" target="_blank">lose individual species that are associated with important cultural values</a>.</p>
- New England Fishing Communities Being Destroyed by 'Climate ... ›
- Shrimp Fishing Banned in Gulf of Maine Due to Ocean Warming ... ›
- Atlantic Salmon Is All But Extinct as a Genetically Eroded Version of ... ›
A heat wave that set in over the South and Southwest left much of the U.S. blanketed in record-breaking triple digit temperatures over the weekend. The widespread and intense heat wave will last for weeks, making the magnitude and duration of its heat impressive, according to The Washington Post.
- Hot Weather and COVID-19: Added Threats of Reopening States in ... ›
- 50 Million Americans Are Currently Living Under Some Type of Heat ... ›
- Second Major Heat Wave This Summer Smashes Records Across ... ›
By Joni Sweet
If you get a call from a number you don't recognize, don't hit decline — it might be a contact tracer calling to let you know that someone you've been near has tested positive for the coronavirus.
Interviews With Contact Tracers<p>Contact tracing is a public health strategy that involves identifying everyone who may have been in contact with a person who has the coronavirus. Contact tracers collect information and provide guidance to help contain the transmission of disease.</p><p>It's been used during outbreaks of sexually transmitted infections (STIs), Ebola, measles, and now the coronavirus that causes COVID-19.</p><p>It starts when the local department of health gets a report of a confirmed case of the coronavirus in its community and gives that person a call. The contact tracer usually provides information on how to isolate and when to get treatment, then tries to figure out who else the person may have exposed.</p><p>"We ask who they've been in contact with in the 48 hours prior to symptom onset, or 2 days before the date of their positive test if they don't have symptoms," said <a href="https://case.edu/medicine/healthintegration/people/heidi-gullett" target="_blank">Dr. Heidi Gullett</a>, associate director of the Center for Community Health Integration at the Case Western Reserve University School of Medicine and medical director of the Cuyahoga County Board of Health in Ohio.</p>
“You’ve Been Exposed”<p>After the case interview, contact tracers will get to work calling the folks who may have been exposed to the coronavirus by the person who tested positive.</p><p>"We give them recommendations about quarantining or isolating, getting tested, and what to do if they become sick. If they're not already sick, we still want them to self-quarantine so that they don't spread the disease to anyone else if they were to become sick," said Labus.</p><p>Generally, the contact tracer won't ask for additional contacts unless they happen to call someone who is sick or has a confirmed case of the virus. They will help ensure the contact has the resources they need to isolate themselves, if necessary. The contact tracer may continue to stay in touch with that person over the next 14 days.</p><p>"We follow the percentage of people that were contacts, then converted into being actual cases of the virus. It's an important marker to help us understand what kind of transmission happens in our community and how to control the virus," said Gullett.</p>
Why You Should Participate (and What Happens If You Don’t)<p>A <a href="https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(20)30457-6/fulltext" target="_blank">Lancet study</a> from June 16, which looked at data from more than 40,000 people, found that COVID-19 transmission could be reduced by 64 percent through isolating those who have the coronavirus, quarantining their household, and contacting the people they may have exposed.</p><p>The combination strategy was significantly more effective than mass random testing or just isolating the sick person and members of their household.</p><p>However, contact tracing is only as effective as people's willingness to participate, and a small number of people who've contracted the coronavirus or were potentially exposed are reluctant to talk.</p><p>"Contact tracers have all been hung up on, cussed at, yelled at," said Gullet.</p><p>The hesitation to talk to contact tracers often stems from concerns over privacy — a serious issue in healthcare.</p>
- Anti-Racism Protests Are Not Driving Coronavirus Spikes, Data ... ›
- Cell Phone Tracking Analysis Shows Where Florida Springbreakers ... ›
NASA scientists say that warmer than average surface sea temperatures in the North Atlantic raise the concern for a more active hurricane season, as well as for wildfires in the Amazon thousands of miles away, according to Newsweek.
By Andrea Germanos
Oxfam International warned Thursday that up to 12,000 people could die each day by the end of the year as a result of hunger linked to the coronavirus pandemic—a daily death toll surpassing the daily mortality rate from Covid-19 itself.
- These 6 Men Have as Much Wealth as Half the World's Population ... ›
- Climate Change Forces 20 Million People to Flee Each Year, Oxfam ... ›
By Jun N. Aguirre
An oil spill on July 3 threatens a mangrove forest on the Philippine island of Guimaras, an area only just recovering from the country's largest spill in 2006.
- 15,000 Gallon Oil Spill Threatens River and Drinking Water in Native ... ›
- Mysterious Oil Spill on Massachusetts' Charles River Spurs Major ... ›
- Disastrous Russian Oil Spill Reaches Pristine Arctic Lake - EcoWatch ›