Understanding the History

Since Time Immemorial

Indigenous Peoples have sustainably managed the lands and waters of Washington long before westward expansion, colonization, and the founding of the first natural resource agencies. Their traditional ecological knowledge of the lands and waters have been cultivated, adapted, and shared over many generations. This expansive reservoir of knowledge and deep connection to flora and fauna fosters a harmony that keep Native communities and our ecosystems strong. In fact, the UN’s May 2019 Global Assessment Report on Biodiversity and Ecosystem Services found that environmental impacts were less severe or entirely avoided in areas held or managed by Indigenous peoples and local communities. Washington’s tribes continue to act as stewards for our natural resources, sharing the wisdom of their traditional knowledge to advocate and build a more sustainable relationship amongst all Washingtonians with our lands and waters.

They made us many promises, more than I can remember, but they never kept but one; they promised to take our land, and they took it.

— Chief Red Cloud, Oglala Lakota

As white settlers moved West, the tribes of what is now the state of Washington knew they had few options; they could fight an unwinnable war, or sign treaties ceding most of their land to live on reservations. They chose not to fight.

Knowing that the right to fish was of upmost importance to tribes, territorial Governor Isaac Stevens included the same provision in all treaties: “The right of taking fish at 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 and gathering roots and berries on open and unclaimed lands. Provided, however, that they shall not take shell-fish from any beds staked or cultivated by citizens.” For a short while there was little conflict—fish were plentiful and the ecosystems still healthy—but at the 19th century came to a close, colonial practices started to take a toll. Technological advances (canning + fish wheels) allowed for fish to be stored and shipped worldwide and commercial fishermen to fish far more efficiently to meet increased demand. At the same time, the detrimental impacts of clear cut logging and non-regenerative agriculture led to a decline in watershed health and water quality.  Salmon yields in various rivers of the Pacific Northwest peaked between 1882 and 1915. Since then, the salmon and their fisheries have been in continuous decline.

As tribes saw fewer fish returning to their rivers they began to harvest off-reservation—a right established by the treaties—but when put into practice, tribal fishermen were arrested and jailed, and their gear and catch confiscated.

The Fish Wars

Despite U.S. Supreme Court rulings affirming tribal treaty rights, the state of Washington continued to enforce discriminatory laws against tribes. Tensions continued to grow until reaching a fever pitch in the 1960s. Modeling civil disobedience tactics utilized by the Civil Rights Movement, tribes fought to protect their sovereignty and treaty rights by hosting “Fish-Ins”. Clashes between tribal and non-tribal fishers grew violent; shots were fired, protesters beaten and gassed, boats overturned and rammed, a bridge in Puyallup set on fire.

The Boldt Decision

In 1970, the federal government filed United States v. Washington on behalf of the tribes, arguing the state was denying tribes rights guaranteed in treaties signed in the 1850s. The trial began in August 1973 and the decision issued in February 1974. A complex, 203-page decision, it sent shock-waves through the country by interpreting the treaty language “in common with” to mean that tribes were entitled to up to 50 percent of the harvestable catch. At the time, Indigenous Peoples accounted for roughly 1% of the population of Washington and non-tribal fishers were taking up to 95% of the catch. The Boldt Decision also established tribes as co-managers, established conservation standards, restricted the ability of the state to regulate treaty fishing, and affirmed that for the treaty to have meaning there must be fish available. 

Where We Stand Today

Over the past four decades, Washington has dedicated a significant—albeit lacking—amount of money ($1 billion between 2010-2019 alone) to salmon recovery. Government, tribes, and NGOs have also enacted and enforced massive cuts in harvest, strategically utilized hatcheries, and implemented critical habitat restoration projects across the state. But despite this massive investment in time, money, and energy, we are losing the battle for salmon recovery. As their habitat is destroyed quicker than it can be recovered, salmon continue to decline. As the salmon disappear, so do tribal cultures and treaty rights.

Working For Restorative Justice

Our country was conceived on a promise of equality and opportunity for all—a promise we have never fully lived up to. As we aspire to remedy the atrocities of the past, we seek decolonization by dismantling the structures that created, and perpetuate, a system of exploitation and unbalanced power dynamics. CELP is committed to respect and support Tribal sovereignty, co-management responsibilities, authorities, and rights, to share a healthy, productive environment for all. It is with gratitude and humility that we acknowledge and honor their wisdom and invaluable traditional knowledge by ensuring we center our tribal partners’ needs, goals, and strategies in our work.