A Victory for Salmon, Tribes, and the Pacific Northwest

By jlhurd
August 24, 2007

A victory for restoration yesterday when District Court Judge Ricardo Martinez ruled that the state of Washington must fix hundreds of culverts that hinder the passage of salmon. The case rests on an 1850s-era treaty that gave the area tribes the right to subsistence use of the salmon. From the Seattle PI:

"It was thus the right to take fish, not just the right to fish, that was secured by the treaties," the ruling said. "... The Tribes were persuaded to cede huge tracts of land -- described by the Supreme Court as 'millions of acres' -- by the promise that they would forever have access to this resource."

By the state's own admission, the errant culverts are blocking more than 2,300 miles of streams where salmon could spawn. Since 1991, the state has opened up about 480 miles of streams by fixing the road crossings. Sometimes the big pipes are blocked. Others are positioned so high above the water that salmon could not jump into them to continue their trip upriver.

Culverts and forest roads have long been documented to cause damage fo streams and fisheries (see Erosion at Stream Crossings from the Summer Solstice 2003 Road RIPorter), and the removal or correct reconstruction of them are of pivotal importance. While no doubt the State of Washington will balk at the great expense of fixing these culverts, removing culverts will restore watershed health. Not to mention finally recognizing our historic treaties with Native Americans.

If you have any doubts (or just want to see) the immense damage caused by these culverts, check out this K5 news report on the issue:

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