ࡱ> jli} 3bjbjJJ .N(j(jh+% 84M<JS"uuuPPPJJJJJJJLOJPPPPPJuuJPjuuJPJZFXBJu0*[G(zJJ0JGhsPsPPBJsPBJ8PPPPPPPJJ^PPPJPPPPsPPPPPPPPPP : Pacific Northwest Salmon Habitat: The Culvert Case and the Power of Treaties By Jovana J. Brown and Brian Footen Teaching Notes Learning Objectives: Learn about the importance of treaties to Indian nations Understand the importance of salmon to Pacific Northwest Indian tribes. Learn about the life cycle of the salmon and its habitat. Understand how federal court decisions have upheld treaty rights. Learn about the role of the tribes in salmon habitat preservation and restoration. Understand the importance of landscape scale salmon habitat restoration. Recognize the importance of the latest in the series of U.S. v. Washington cases, the Martinez decision (culvert case). Audience: Suitable for college students, undergraduate through graduate studies. This case is especially useful for study in environmental studies, natural resource policy, American Indian studies, biology, sociology, anthropology, political science, history, public administration, and law Themes: activism, law and justice, treaty rights and self governance, salmon, leadership, intergovernmental relations, environmental restoration, cultural preservation Additional Information/Updates: The State of Washington continued to challenge this decision through litigation with an ultimate ruling from the US Supreme Court favoring the tribes in 2018. That decision was upheld in the 2018 appeal process the State of Washington took to the US Supreme Court when the Court split in a 4-4 decision after Justice Kennedy recused himself since he had participated in the previous appeal court decision. Implementation Small group discussions are particularly useful for addressing the key questions in the case. The case can be taught in a variety of ways. A three hour class session would work in the following way. First, depending on the size of the class, divide the students into small groups (four to a maximum of seven students each is ideal) to facilitate discussion. Random assignment can be accomplished quickly through counting off. If the class is larger, create two sets of groups doing each set of questions. If they have not read the case in advance (which is always preferable), instruct the students to carefully read the case. After everyone has read the case, each group is given their discussion questions. The students record their conclusions on butcher paper. In the final part of the class, each small group presents their topics and conclusions to the larger group. This is followed by a general discussion about the case in which the teacher emphasizes the key points. If time permits, using a video on this topic will enhance the learning opportunities. Two appropriate videos are listed below under Additional Reading and Resources. Discussion questions: Group #1 The Importance of salmon in the PNW treaties Why did the Indian tribes reserve their right to fish in their usual and accustomed grounds and stations? What did this actually mean in terms of where the Indians had historically fished and reserved the right to fish in the future? Was this on the newly established reservations or off of these reservations? What is the significance of this? Why do you think Isaac Stevens and his advisors agreed to this treaty clause? Explain. Why is the First Salmon Ceremony important to the Indian tribes of the Pacific Northwest? Why are salmon important to PNW tribes today? Group #2 The tribes fight for their treaty rights Why did the Indian tribes of the Pacific Northwest have to fight to have their treaty rights recognized? What impact did state fishing regulations have on Indian fishing. Explain in detail. What specific actions did the tribes take to fight for their treaty rights? List the various actions taken in chronological order. Which of these actions was the most successful? Explain why.. 5.. How do the Pacific Northwest Tribes treaties facilitate salmon habitat restoration efforts at the landscape scale? Group #3 Salmon life history stages and salmon habitat What are the drawbacks of focusing habitat restoration on a small localized area? As you think about this consider the salmons life history stages. As salmon grow they have evolved to utilize many different habitat types during their life. These are known as life history strategies. List and discuss the different types of habitat utilized and the advantages and disadvantages of this survival strategy. What are some of the environmental mechanisms that support salmon in the freshwater phase of their life and how they are interconnected throughout the entire watershed? Why is temporal and spatial scale important for salmon habitat restoration? Be specific. What are some of the elements of social organization that hinder landscape scale restoration efforts?. Group #4 The tribes fight for their treaty rights in federal court Describe the Winans decision and state why it is important. Do you think this decision was the basis for the court decisions that followed? Why? Gradually the court decisions recognized that Indians were not subject to state fishing regulations. Why was this important? U.S. v. Washington, 1974 (Boldt decision) was a landmark case for Indian treaty rights. What were the key elements of this judicial decision? What did the decision mean for the tribes? An original part of this case was that the tribes maintained that their treaties protected the fish from habitat destruction. What happened to this part of the case? Was a decision reached on this part of the case? Judge Orrick handed down his decision in 1985. What did this decision state? What happened to this decision? Group # 5 The Martinez decision Why was it important for the tribes to have a specific habitat issue to take back to court? Explain. The tribes choose to litigate the issue of culverts under state roads. Why did they select this issue? What is significance of culverts for salmon habitat? What did Judge Martinez state in his decision? What is significant about his decision? Several species of salmon are listed under the Endangered Species Act (ESA). Which do you think is more important to salmon survival: the ESA listings or the Martinez decision? Why do you say this? The Martinez decision has been called the most important court decision for Indian treaty rights since the original U.S. v. Washington, 1974 (Boldt decision). Why has it been called this? What has it accomplished for the tribes? Group #6 The Power of Treaties Do treaties guarantee rights for American Indians? Explain your answer in detail Why arent the rights reserved by the tribes in their treaties routinely recognized by the larger society? Draw on examples from this case to explain your answer. What was the turning point or turning points in the tribes fight for their treaty right to fish in the Pacific Northwest? Explain why this was the turning point. What are the most important victories that the Indian tribes in the Pacific Northwest have gained? Provide reasons for your choices. What is the overall message of the Martinez decision? Why do you say this? Research Questions Habitat restoration has been taking place as a result of the Endangered Species Act (ESA). Investigate several ESA success stories and decide if landscape scale restoration has played a role in the species recovery, and if so describe what was done. The U.S. v. Washington, 2007 (Martinez decision) has now been implemented. There has been controversy about the number of culverts that need to be fixed and the cost per culvert. Find and document the cost estimates for repair. Find out how long it would take the State of Washington to repair the culverts at their current rate without the Martinez decision. Estimate how long it would take the State to repair the culverts following the court order in the Martinez decision. Prepare a cost estimate for each of these. The treaty tribes in Washington State have implemented the Coordinated Tribal Water Resources Program. What does this program do? What has it accomplished? Why is it important? The Mille Lacs Band of Ojibwe Indians also have treaty rights to hunt, fish and gather. What specifically did their treaty reserve? Have they been able to retain these rights? What is the current situation with the Mille Lacs Ojibwe fishing rights? Select a specific watershed that has fish bearing streams. Describe the stream structure of the watershed and the land forms of the watershed. What are the land uses in the watershed? Who owns the land in the watershed? What are the impediments to fish habitat in the watershed? What can be done to correct these? What is the Washington State Forests and Fish Report (FFR)? How was this report formulated? Did the treaty tribes support this report? What was the role of the Washington State Legislature in this report? Why is FFR important to salmon habitat? How has Forests and Fish been implemented? Salmon restoration is often addressed in habitat conservation plans. Pick a plan from Washington State and describe and analyze the salmon restoration efforts in the plan. Is this a landscape scale restoration plan? Find out if any of these have been implemented? Have they been successful? Additional Reading and Resources: Apsotal, D. & Sinclair, M. (Eds.) (2006) Restoring the Pacific Northwest: The art and science of ecological restoration in Cascadia. Washington, D.C: Island press. Simenstead, C., Reed, D. & Ford, M (2006). When is restoration not? Incorporating landscape scale processes to restore self sustaining ecosystems in coastal wetland restoration. Ecological Engineering 26, pp 2739 Web sites Columbia River Inter-Tribal Fish Commission (CRITFC)  HYPERLINK "http://www.critfc.org/" http://www.critfc.org/ For the Sake of the Salmon  HYPERLINK "http://www.4sos.org/" http://www.4sos.org/ Long Live the Kings  HYPERLINK "http://www.lltk.org/" http://www.lltk.org/ NWIFC  HYPERLINK "http://www.nwifc.org/" http://www.nwifc.org/ State of the Salmon  HYPERLINK "http://www.stateofthesalmon.org/" http://www.stateofthesalmon.org/ StreamNet  HYPERLINK "http://www.streamnet.org/" http://www.streamnet.org/ US NOAA Northwest Regional Office  HYPERLINK "http://www.nwr.noaa.gov/" http://www.nwr.noaa.gov/ Washington State Department of Natural Resources. Forest Practices http://www.dnr.wa.gov/BusinessPermits/ForestPractices/Pages/Home.aspx Washington State Fish and Wildlife Department  HYPERLINK "http://wdfw.wa.gov/" http://wdfw.wa.gov/ Washington Water Research Center. Salmon Restoration  HYPERLINK "http://www.wsu.edu/swwrc/SalmonIndex.html" http://www.wsu.edu/swwrc/SalmonIndex.html Wild Salmon Center  HYPERLINK "http://www.wildsalmoncenter.org/" http://www.wildsalmoncenter.org/ Videos NWIFC Videos  HYPERLINK "http://www.nwifc.org/publications/video/" http://www.nwifc.org/publications/video/ Through Salmon Eyes Treaty Indian Fisheries and Salmon Recovery     PAGE  PAGE 1 M_pqrs T 2 w x y 8 ./0?@ EF~o Mعh#2h-5h6 h-5hv+h-5 hh-hhPJ hhhhy$5 hhy$ h-5h{fh-5h- hh-hj0sh-5=Mrs T 2 x y /0?@  & Fgd-gd-$a$gd-EF~o NOCh^hgd- & Fgd- & Fgd-gd-MNOWYZ]iCJK9>?@Q ITU_uvw| !!!!!"">##$$$$&$Ƿh-0JCJOJQJ^JaJ$hsth-0JCJOJQJ^JaJ h%eh- h D4h-h- h-5h#2h-5 h h-H9?@Q TUvw| !!!!h^hgd- & Fgd- & Fgd- & Fgd-gd-!!">##$$$&$'$"%#%2'3'4'''((%*&*I+J+gd- & F gd- $h^ha$gd-$a$gd- $^a$gd-h^hgd- & F gd-&$'$"%#%Z%[%2'3'4'['''(([)%*&*I+J+[+q,r,s,},,,,,,-<-=->-[--.....!.".W.X.|.}.~..........󨳟jh-U h Mh-h Mh-0Jjh-Ujh-Uh*h-5hK~h-\ hK~h-hh-6h*h-6 h-5hh-5h h-h^h-57J+q,r,s,,,=->-..!.".....A/B/////I0J000=1>1 7$8$H$gd-gd- & F gd-.....///'/)/*/+/?/@/A/B/O/P/[/s/t/u//////////////00,0-0.0G0H0I0J0n0o0{0000000jh-U h@h-jh-Uh,Hh-0Jjh-U hh-jKh-UhLh-0Jjjh-U h{ dh-h- h Mh-jh-Uh Mh-0J40000=1>1[1o1p111111111111222C2D2E2F2Y2Z2f2222222222222222222xjh-U hhh- h-5hmh-5hLh-0Jjh-U h{ dh- h Mh-h 6h-0Jj*h-U h-6 hquh-hquh-0Jjyh-Ujh-U h6nh-h-/>1112222222&3'3;3<3h3j3k3m3n3p3q3s3t3}3~333h]hgd- &`#$gd-gd-22$3%3&3'3;3<3[3g3h3i3j3k3l3m3n3o3p3q3r3s3t3u3{3|3}3~333333333333̻h-0JmHnHu h-0Jjh-0JUhDHjhDHUhQ#h-6h-hLh-0Jjh-U&33333gd-h]hgd-,1h/ =!"#$% DyK yK Fhttp://www.critfc.org/yX;H,]ą'cDyK yK Bhttp://www.4sos.org/yX;H,]ą'cDyK http://www.lltk.org/yK Bhttp://www.lltk.org/yX;H,]ą'cDyK yK Dhttp://www.nwifc.org/yX;H,]ą'cDyK yK Zhttp://www.stateofthesalmon.org/yX;H,]ą'cDyK yK Lhttp://www.streamnet.org/yX;H,]ą'cDyK http://www.nwr.noaa.gov/yK Jhttp://www.nwr.noaa.gov/yX;H,]ą'cDyK yK @http://wdfw.wa.gov/yX;H,]ą'cDyK yK lhttp://www.wsu.edu/swwrc/SalmonIndex.htmlyX;H,]ą'cDyK !http://www.wildsalmoncenter.org/yK Zhttp://www.wildsalmoncenter.org/yX;H,]ą'c1DyK )http://www.nwifc.org/publications/video/yK jhttp://www.nwifc.org/publications/video/yX;H,]ą'cx666666666vvvvvvvvv666666>6666666666666666666666666666666666666666666666666hH66666666666666666666666666666666666666666666666666666666666666666p62&6FVfv2(&6FVfv&6FVfv&6FVfv&6FVfv&6FVfv&6FVfv8XV~ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@66666_HmH nH sH tH @`@ {fNormalCJ_HaJmH sH tH DA`D Default Paragraph FontRiR  Table Normal4 l4a (k (No List 6U`6 {f Hyperlink >*B*ph>> {f Footnote TextCJaJ@& @ {fFootnote ReferenceH*4"4 \Header  !4 @24 \Footer  !>oA> sthead141CJOJQJ^JaJo(.)@Q. ,H Page NumberHbH G Balloon TextCJOJQJ^JaJB' qB GComment ReferenceCJaJ<< G Comment TextCJaJ@j@ GComment Subject5\PK![Content_Types].xmlN0EH-J@%ǎǢ|ș$زULTB l,3;rØJB+$G]7O٭Vzt7.??Źڨd/L+[梃 _¯UjyA_/֖j-A %4\/%ި+K|h(Kmgk):b| H$Y 9DZ.6)A2&`RV!*_[`dI+^DL-)>qfoΟ~_'ҨrQrW_ƿw!pƦ7/_zqԵbp@m ?ItDl,(CjLQc׎O9!N@Iw{Xe3b|`:2˭A9Tn$ءy@Q&Q3,;sg8v%= CN4I ~> zHzw0u $J}*;(wL|$C޳q-!1,hEX>ZN yݾKt l&;HPm%6sq !&}] ~@Lw?%q d98@7C̜mia_Y㩓b8F vB{cNQqsu;6~@VƾzXU+f:OllD,E|=mVePاcGxe_+gj=HSԳ;{yи½|mHmA`0D_cU\+w/ 9MOJK:WnǯIUsffn`<"K*2:&w4]3۸cB/br;}̸uF̘G}ҙ3>-=k&ڂE%睸 |Te6pp1GZ&L~AdNPjĢP gFFz٫[ euRTVxC'c*ibQTz:"dC%1!4ZŲR?rՔ)Zf\5GμMO20V4'|:xt&Ԯiv +nD?TWq]_7.u)S 4?⦾@3;S,8;^K=7>̌cC ^$77&%Bn"cy@I K?L'CWc%WSc#^w}ܓ߭ei)$ Z`%v]:Blqwae&De*2JǐYG4OPQRlnຠtSi832IQ QrZ.afٽ\HYʚU6iaT&ly*o]M̹Qh2/woQoPSJŪ[lDY&`Riڊ0z۶ܫ/PK! ѐ'theme/theme/_rels/themeManager.xml.relsM 0wooӺ&݈Э5 6?$Q ,.aic21h:qm@RN;d`o7gK(M&$R(.1r'JЊT8V"AȻHu}|$b{P8g/]QAsم(#L[PK-![Content_Types].xmlPK-!֧6 0_rels/.relsPK-!kytheme/theme/themeManager.xmlPK-!wG theme/theme/theme1.xmlPK-! ѐ'Q theme/theme/_rels/themeManager.xml.relsPK]L +5N $$$'M&$.023 "#%!J+>133!$&W&}&&&&&'*'?'O't'''''(-(G(n(((o))))*C*Y*****$++XXXXXXXXXXX  '!!8@0(  B S  ?X['(h+j+k+m+n+p+q+s+t+++Z[g++.Z[W&&&&'@'''(H(o)))D**%+g++.Z[W&&&&'@'''(H(o)))D**%+g++ :$ 'OI+dMP1OSYF@Hz:\JhO^x6mPrBAFY8jp>:sm!ʱ)O4 LPacific Northwest Salmon Habitat: The Culvert Case and the Power of Treaties Jovana Brown barbara smithP            Oh+'0  8D d p|PPacific Northwest Salmon Habitat: The Culvert Case and the Power of TreatiesJovana BrownNormalbarbara smith2Microsoft Office Word@[@[z$ ՜.+,D՜.+,@ hp  !Hewlett-PackardNR+ MPacific Northwest Salmon Habitat: The Culvert Case and the Power of Treaties Title 8@ _PID_HLINKSAB]V)http://www.nwifc.org/publications/video/T[!http://www.wildsalmoncenter.org/_^*http://www.wsu.edu/swwrc/SalmonIndex.html,dhttp://wdfw.wa.gov/Vhttp://www.nwr.noaa.gov/Yhttp://www.streamnet.org/DQ !http://www.stateofthesalmon.org/G http://www.nwifc.org/_@http://www.lltk.org/Xhttp://www.4sos.org/=4http://www.critfc.org/  !"#$%&')*+,-./123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXZ[\]^_`bcdefghkRoot Entry F *[mData (1Table0PWordDocument.NSummaryInformation(YDocumentSummaryInformation8aCompObjr  F Microsoft Word 97-2003 Document MSWordDocWord.Document.89q