Fish culverts case emits another wake-up beep

Federal courts continue to hold Washington state government’s feet to the fire when it comes to addressing past sins of the settlers. This is especially true with harm done to the interests of Northwest tribes and their treaty fishing rights.

A 9th Circuit Court of Appeals decision last month rejected Washington’s request to rehear a 2013 case dealing with failing culverts on salmon-bearing streams. That court’s decision could be appealed to the U.S. Supreme Court, which the state Attorney General’s Office is weighing.

Regardless of what the state does, the judgment sends a fresh reminder the state and legislators that they need to keep the faith on repairing damage done to our region’s endangered and iconic fish runs.

In a statement issued after the latest decision not to rehear the state’s case, Northwest Indian Fisheries Commission chair Lorraine Loomis summed up the situation pretty well.

“This is a win for salmon, treaty rights and everyone who lives here,” Loomis said in part. “Fixing fish-blocking culverts under state roads will open up hundreds of miles of habitat and result in more salmon. That means more fishing, more jobs and healthier economies for all of us.”

But that’s true only if state and federal government keep assisting in cleaning up the wreckage of the past, which includes legions of old highway projects that left no passageway for salmon-bearing streams or had too small culverts. There are other barriers on streams that are the responsibility of private property owners such as railroads and agricultural interests, industry, cities and counties and other parties not covered by this case — yet.

The state’s liability runs almost $1.9 billion for about 800 culverts, according to a past count by the state Department of Transportation. The DOT is on a track to complete its share of work by 2030, but other agencies — including the departments of Fish and Wildlife, Natural Resources, and State Parks — have completed or soon will complete their remediation work, according to Nick Brown, counsel for Gov. Jay Inslee.

The culverts case is an outgrowth of tribal treaty fishing rights that at one time were routinely violated by the U.S. and state. Northwest tribes went to federal court in the 1970s. This led to the landmark Boldt decision of 1974 that recognized Stevens Treaty tribes’ right to catch half of the returning salmon catch in Puget Sound. Subsequent cases dealt with shellfish and now fish habitat, which implicates culverts.

The hands of time are never turned back too accurately. But over time and with the prodding of the courts, our state has taken steps forward to honor rights assured by the treaties under which tribes ceded their lands. The federal government, cities, counties and powerful private interests also have a role to play.

Washingtonians should see themselves as partners with tribes in restoring whatever vibrancy we can reasonably accomplish in our fisheries.

This story was originally published June 20, 2017 at 8:35 PM with the headline "Fish culverts case emits another wake-up beep."