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

The Boldt Decision Perceptions through the Decades Erin Hanlon The Boldt Decision Perceptions through the Decades Erin Hanlon

1854 Treaty of Medicine Creek 1854 Treaty of Medicine Creek

Treaty of Medicine Creek, Article 3 “The right of taking fish, at all usual 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-hehwamish tribes

1950 s • Washington State Department of Fish and Game raises concerns around salmon 1950 s • Washington State Department of Fish and Game raises concerns around salmon conservation (Brown, 1994) 1960 s • State regulations restrict fishing on rivers (Goble, 1999) • State Fish and Game officers confiscate Indian fishing gear, assault and jail tribal members for river fishing (Brown, 1994) 1970 s • 1970 - US Government and several tribes sue the State of Washington for violation of treaty fishing rights • 1974 – Judge George Hugo Boldt rules in favor of the tribes in US v Washington, “The Boldt Decision”

“Indian Tribes Win Fishing Rights Case” Seattle Times headline February 12, 1974 • Boldt “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 1800 s, 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 comanagers of the fishery

Current Perceptions • The Boldt decision made the salmon economically viable for us as Current Perceptions • 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 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. ” • If the case (Boldt decision) wouldn’t have been won there would not be any fish now. ” – Gary Peterson, Evergreen Faculty & Skokomish tribal member • At the end of the day I think Judge Boldt got it mostly right. I realize I’m 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

Creating a Comprehensive Policy: The Washington State Environmental Policy Act Lucy Gelderloos g. CORE Creating a Comprehensive Policy: The Washington State Environmental Policy Act Lucy Gelderloos g. CORE Final Presentation December 7, 2010

SEPA • Passed in 1971 in response to growing environmental awareness • Requires local, 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

References • • • Luce, C. (1993). An Evaluation of Washington State Environmental Policy 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. (2010 a, 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. (2010 b, 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

Wetland Policy in Washington State Wetland Policy in Washington State

Climate Change Policy Affecting Endangered Species Washington Wolves as a Case Study Matt Ritter Climate Change Policy Affecting Endangered Species Washington Wolves as a Case Study Matt Ritter December 7, 2010

Wolf History • 1974 listed • Hunted to near extinction for 60 years Wolf History • 1974 listed • Hunted to near extinction for 60 years

Climate Change • Temperature continues to rise • All parts of the wolf’s range Climate Change • Temperature continues to rise • All parts of the wolf’s range vanishing rapidly

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

Conclusion • WA wolf populations can survive warming temperatures • If delisted the wolf 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

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

Thesis • The Northern Spotted Owl has been the most influential driver in Washington Thesis • 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.

Forestry Before 1990 • Sustained Yield Model: Harvesting of a constant flow of forest 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.

1990 Protection Under Endanger Species Act • Report from the Interagency Scientific Committee (ISC) 1990 Protection Under Endanger Species Act • 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.

 Studies Supporting Northern Spotted Owl Protection • 1990 ISC “Thomas Committee” • 1991 Studies Supporting Northern Spotted Owl Protection • 1990 ISC “Thomas Committee” • 1991 Alternatives 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:

Dwyer Decision • May 29, 1991: Halted logging in seventeen National Forests, (24 million 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 1980 s Judge William Dwyer

Northwest Forest Plan Northwest Forest Plan

State and Private Land • 1996 WA State DNR Habitat Conservation Plan: – Modeled 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.

Policy Impacts • Environmental: – Shift towards sustainable forestry – Ecosystem management over single 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

Impacts Continued • Social – Reduction in school construction funding – Owls versus jobs 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

Conclusion • “No species in the United States had a greater impact on land Conclusion • “No species in the United States 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

References: “Judge William Dwyer ‘ 52” Extras: William J Dwyer (Columns: The University of References: “Judge William Dwyer ‘ 52” Extras: William J Dwyer (Columns: The University of Washington Alumni Magazine) June, 2002 http: //www. washington. edu/alumni/columns/june 02/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/gisdata/index. htm “WA DNR Logo” http: //www. odf. state. or. us/gis/gtag/state. html *All other images found on google clip art

Protecting Biodiversity through Landowner Conservation Efforts Tim Benedict – 2010 MES g. CORE Final Protecting Biodiversity through Landowner Conservation Efforts Tim Benedict – 2010 MES g. CORE Final Project Tim Benedict – Fall 2010 g. CORE Final Presentation

Simulated Reserve & Corridor System Simulated Reserve & Corridor System

Land Ownership in the United States Land Ownership in the United States

US Land Development by Aerial Lights US Land Development by Aerial Lights

 National Land Trusts • Access Fund • American Farmland Trust • American Land 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

Land Trusts Operating in Washington • • • • • Methow Conservancy Winthrop, WA 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, 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

Landowner Conservation & Policy • • • 2010 public policy priorities: Making the enhanced 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 America’s Great Outdoors Initiative

Emerging Policy Issues: Energy Development Threats to Conservation In an alarming trend over the 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.