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The Boldt Decision


Perspectives in Washington Environmental Policy Erin Hanlon Zach Maskin Matt Ritter Lucy Gelderloos Jason Cornell Tim Benedict ... – PowerPoint PPT presentation

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Title: The Boldt Decision

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

1854 Treaty of Medicine Creek
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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

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
  • 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

Creating a Comprehensive Policy The Washington
State Environmental Policy Act
  • Lucy Gelderloos
  • gCORE Final Presentation
  • December 7, 2010

  • 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

  • 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
  • Washington State Department of Ecology. (2003).
    State Environmental Policy Act Handbook.
    Retrieved December 5, 2010, from State
    Environmental Policy Act (SEPA)
  • 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)
  • 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
  • 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//
  • Washington State Department of Ecology. (n.d. b).
    Frequently Asked Questions About SEPA. Retrieved
    December 5, 2010, from State Environmental Policy
    Act (SEPA) http//

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

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

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

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

  • WA wolf populations can survive warming
  • 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
  • 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.

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) found
  • Decline in Northern Spotted Owl population gt 1
  • 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
  • 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

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
Northwest Forest Plan
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 species
  • Preservation of old-growth forests
  • Nearly 90 reduction in timbering on federal
  • Slowing of owl decline

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

  • 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

Judge William Dwyer 52 Extras William J
Dwyer (Columns The University of Washington
Alumni Magazine) June, 2002 http//www.washington
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//
ata/index.htm WA DNR Logo http//www.odf.state All other images
found on google clip art
Protecting Biodiversity through Landowner
Conservation Efforts
Tim Benedict 2010 MES gCORE Final Project
Tim Benedict Fall 2010 gCORE Final Presentation
Simulated Reserve Corridor System
Land Ownership in the United States
US Land Development by Aerial Lights
  • National Land
  • 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
  • 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
  • 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

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
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