What does NO DEAL at North of Falcon mean?

[mitch184]

To add, from the mouth of a tribal bio............ "There was a 6 hour 'test fishery' yesterday in the lower river and the nets go in the river today. Looks like there's a lot of springers this year"

It just blows my mind. In years past hearing from this individual the amount of steelhead caught as well will make you puke. Not to mention sturgeon and even sea-run cutties and dollies.

[olympic]

If NOAA issues their permit quickly, then they need to issue our (WDFW) permit quickly as well. From what I get of the Boldt decision, we are to fish "in common with each other and the tribes are entitled to a maximum of 50% of the fish + those for ceremonial purposes. If NOAA issues the tribal permit, but not the WDFW permit at the same time, I would think they would be in violation of the Boldt decision, plus discriminating against the harvest groups the WDFW represents. I am glad that Rick Larson has written a letter concerning this; I have contacted Derek Kilmer (who took over for Norm Dicks when he retired) and I have yet to hear anything from him other than automated responses after I replied to voter voice messages. I also contacted his Tacoma office (253-272-3515) spoke with a young man, and He said someone would get back to me on this, but no response so far. Disappointing............

[Woodfighter]

According to Tom only State Rep Chad Magendanz wrote a letter to NOAA, not Rick Larson. I find that kind of alarming that no other elected official has taken action.

[billm]

I have emailed our representatives, and to have received an automatic response from only Kilmer. So, I called his office today, (253-272-3515), and spoke with a person. Expressing my concerns and displeasure on this issue. I am not happy to see that no elected representatives have taken any action on this to date (other that one). I would make it to the rally on Thursday, but am not able due to work.

[olympic]

Hi Billm, I called there again and this time I spoke with Joe Dacca, the Tacoma office manager. He said that he also worked for Norm Dicks. I expressed my concerns and he said there is a lot going on behind the scenes. I did tell him the tribes are currently netting up north without a permit. He said their reply time to messages is usually about 2 weeks. He seemed to agree with most of the concerns that I had; a good guy to talk with. I will be @ the rally tomorrow, so I will try and be more vocal since you have to work. I hope there is a good turnout!!

[mitch184]

Although a MAJOR slap in the face and shear disregard for following procedure, it would appear that the Tribes just set a major precedent that could and should work in our favor.

The BIA approved this 26 boat all out gill net fishery on the Skagit based on a ESA Section 7D (and the related "exception" I believe they probably got) and on the fact that this is the same fishery that was approved by NMFS the last couple of years.

It would seem crazy that the WDFW would not be allowed to approve our fisheries, as long as the mirrored last years fisheries also approved by NMFS, based on the same logic and Section 7D.

Any insight on this Nelly?

Futhermore, "test fisheries" were also conducted on the lower Skagit even before yesterday's opener. Nothing like being able to located the fish before the real opener.

[Chasin' Baitman]

Has the BIA approved tribal fisheries in the past? Do they have the authority to supercede NOAA and do this?

Just wondering if there is a precedent for this.

[DuckDog]

From what I've heard they have ZERO authority to permit a fishery. The feds are just too chicken ##it to do anything about it

[Chasin' Baitman]

Alright, here's what I got. I'm printing and mailing this to Murray, Cantwell, Larsen, Inslee, JT Austin, and edited versions to Stelle and Turner at NOAA.

I'm also picking up the phone this week. They are all gonna hear from me.

---

I am an avid salmon angler, and I am writing to request your leadership in this stalemate that has developed between the state, tribes and NOAA. I firmly believe that the tribes have a right to 50% of the harvestable surplus of salmon - as outlined in the original treaties, affirmed by the Boldt decision and again by the Supreme Court. However, the very same rights the tribes were guaranteed, denied, fought for and eventually regained are now being denied to us, the people who the tribes are supposed to be fishing "in common with".

In his brief, Judge Boldt wrote that "in common with" meant "sharing equally the opportunity to take fish...therefore, nontreaty fishermen shall have the opportunity to take up to 50% of the harvestable number of fish...and treaty right fishermen shall have the opportunity to take up to the same percentage." In a later Supreme Court ruling (Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n), Justice Stevens wrote "Both sides have a right, secured by treaty, to take a fair share of the available fish." And also, "treaty and nontreaty fishermen hold 'equal' rights. For neither party may deprive the other of a 'fair share' of the runs."

Over the past decade, tribes have overreached their treaty rights and have begun managing non-treaty fisheries. This compromised the co-management relationship and, quite predictably, resulted in this year's North of Falcon impasse. Given that the co-management structure has broken down - and that the treaties and court decisions occurred at the federal level - that now puts the responsibility for leadership squarely on the shoulders of the federal government. Specifically, NOAA, who needs to issue permits for any fishing to occur in the Puget Sound.

Lately NOAA has been doing a great disservice to the people of Washington. Their inaction on Environmental Impact Statements very nearly extinguished Steelhead fishing in the Puget Sound area, and has left 62 vitally important Columbia River hatcheries dangerously exposed. Now, their inaction threatens salmon fishing as a whole in Puget Sound. By imploring both the state and tribes to "work it out" when the situation is clearly unworkable, NOAA continues to abrogate responsibility.

Bob Turner of NOAA has even issued threats to WDFW to take the deal from the tribes or else there would be no permit. NOAA has also intimated that the tribes would be getting their fishing permits in an express fashion, while the state's may take months or even years. Worse yet, two tribes have already started gillnetting the Skagit river with a questionable permit issued by the BIA. A sub-agency of the Dept. of the Interior has no more right to authorize a fishery than the IRS does.

These actions (and inactions) on the part of NOAA and the federal government are inflammatory, discriminatory and based on the legal statutes outlined above - against the law.

WDFW put together a plan that balances fishing opportunity (and therefore helps maintain our $200m sportfishing economy) with conservation - especially important in a year where coho returns are expected to be historically low. I urge you to pressure NOAA to approve WDFW's plan and I also urge you to provide the leadership required to restore equality in our fisheries.

[rrenick65]

Damn, great letter, and kudos on the research in the briefs. Hopefully, this has an affect on one of our elected officials. I have recently written my district representatives letting them know Chad Magendanz has stepped up and set a precedent for other representatives to give us some support, I urge everyone else to look up your district reps write them as well. I wrote mine and got a quick response with what felt like more of a personal message than an automated response.