The Boldt Decision

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Perspectives in Washington Environmental Policy
Erin Hanlon Zach Maskin Matt Ritter Lucy
Gelderloos Jason Cornell Tim Benedict
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The Boldt Decision

• Perceptions through the Decades
• Erin Hanlon

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1854 Treaty of Medicine Creek
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Treaty of Medicine Creek, Article 3 The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting, gathering roots and berries, and pasturing their horses on open and unclaimed lands Provided, however, That they shall not take shellfish from any beds staked or cultivated by citizens, and that they shall alter all stallions not intended for breeding-horses, and shall keep up and confine the latter. Isaac I. Stevens, Governor and Superintendent of Indian Affairs in the Territory of Washington, on behalf of the US Government Chiefs and delegates from the Nisqually, Puyallup, Steilacoom, Squawskin, S'Homamish, Stehchass, T'Peeksin, Squi-aitl, and Sa-heh-wamish tribes
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Indian Tribes Win Fishing Rights Case Seattle
Times headline February 12, 1974

• 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

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Current Perceptions

• The Boldt decision made the salmon economically
  viable for us as well, and is the foundation on
  which my moms 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) wouldnt have been
  won there would not be any fish now. Gary
  Peterson, Evergreen Faculty Skokomish tribal
  member

• The Seattle Times reports that Tom Nelson, 61, a
  leader in the sport-fishing community, attempting
  to push an initiative to Ban all Nets on the
  November 1999 ballot tells reporters, Boldt made
  a bad decision. Nelson adds, "Most people in the
  state - and I go around speaking to a lot of
  groups - think Boldt made a bad decision.
• At the end of the day I think Judge Boldt got it
  mostly right. I realize Im in the minority in
  the sport fishing community on this issue and the
  majority still resent Boldt and the tribes.
  Craig C. on Hooked Up PNW, August 2010

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Creating a Comprehensive Policy The Washington
State Environmental Policy Act

• Lucy Gelderloos
• gCORE Final Presentation
• December 7, 2010

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SEPA

• 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

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References

• 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_che
  cklist_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/1019
  2010_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/climatec
  hange/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/sep
  a/faq.htm

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Wetland Policy in Washington State
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Climate Change Policy Affecting Endangered Species

• Washington Wolves as a Case Study
• Matt Ritter
• December 7, 2010

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Wolf History

• 1974 listed
• Hunted to near extinction for 60 years

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Climate Change

• Temperature continues to rise
• All parts of the wolfs range vanishing rapidly

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Maintaining Protection Through the ESA

• Section 7 of the ESA
• Human-caused alterations to habitat
• Section 9 of the ESA
• Green house gas contributions

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Conclusion

• 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

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Impacts of Northern Spotted Owl Related Policies
on WA Forestry
Whooo Me?
-Zach Maskin
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Thesis

• The Northern Spotted Owl has been the most
  influential driver in Washington States movement
  towards sustainable forestry.
• The policies enacted to protect Spotted Owl
  habitat has had profound impact on Washington
  socially, economically and environmentally.

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Forestry Before 1990

• 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.

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1990 Protection Under Endanger Species Act

• Report from the Interagency Scientific Committee
  (ISC) found
• Decline in Northern Spotted Owl population gt 1
  annually
• Spotted Owls specifically select forest with old
  growth characteristics as nesting sites
• Suitable habitat continues to decline due to
  timbering practices.

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Studies Supporting Northern Spotted Owl
Protection

• 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

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Dwyer Decision

• 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

Judge William Dwyer
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Northwest Forest Plan
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State and Private Land

• 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.

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Policy Impacts

• 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

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Impacts Continued

• 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

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Conclusion

• 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

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References
Judge William Dwyer 52 Extras William J
Dwyer (Columns The University of Washington
Alumni Magazine) June, 2002 http//www.washington
.edu/alumni/columns/june02/extras_dwyer.html
Noon, Barry R. Jennifer A Balesley.
Conservation of the Northern Spotted Owl under
the Northwest Forest Plan. (Conservation
Biology Vol 20, No,2. 2006) NWFP Land
Allocation Maps http//www.reo.gov/gis/data/gisd
ata/index.htm WA DNR Logo http//www.odf.state
.or.us/gis/gtag/state.html All other images
found on google clip art
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Protecting Biodiversity through Landowner
Conservation Efforts
Tim Benedict 2010 MES gCORE Final Project
Tim Benedict Fall 2010 gCORE Final Presentation
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Simulated Reserve Corridor System
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Land Ownership in the United States
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US Land Development by Aerial Lights
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• 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

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Land Trusts Operating in Washington

• 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

• Whatcom Land Trust    Bellingham, WA
• American Friends of Canadian Land Trusts   
  Seattle, WA
• Capitol Land Trust    Olympia, WA
• Vashon-Maury Island Land Trust   Vashon, WA
• Jefferson Land Trust Port Townsend, WA
• Nisqually Land Trust    Lacey, WA
• Great Peninsula Conservancy   Bremerton, WA
• Bainbridge Island Land Trust    Bainbridge
  Island, WA
• San Juan Preservation Trust    Lopez Island, WA
• Rocky Mountain Elk Foundation   Missoula, MT
• Center for Natural Lands Management - An
  Accredited Land Trust    Fallbrook, CA
• Whidbey Camano Land Trust    Greenbank, WA
• Skagit Land Trust   Mount Vernon, WA
• Cascade Land Conservancy  Seattle, WA

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Landowner Conservation Policy

• 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 Americas Great
  Outdoors Initiative

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Emerging Policy Issues

• 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.