Impacts of Dams on Tribal Traditional Fishing Rights

Governor Isaac Stevens.
Courtesy of Washington State Archives.

Dams on the Columbia River and its tributaries have had large impacts on the salmon runs, which have impacted fishing rights for the tribes along the rivers.  Most of the tribes along the Columbia and its tributaries have treaties dating back to the 1850s that were signed with the governor of the Washington Territory, Isaac Stevens.  Known as the "Stevens Treaties," most of the treaties removed the tribes from their homelands along the rivers to reservations farther from the rivers.  The treaties did have provisions that allowed the tribes to continue to hunt, gather, and, most importantly, fish at their "usual and accustomed places" that were off the reservations.  The Cayuse, Walla Walla, Umatilla Treaty of 1855 reads,

"the exclusive right of taking fish in the streams running through and bordering said reservation is hereby secured to said Indians, and at all other usual and accustomed stations in common with citizens of the United States."

Throughout 19th and much of the 20th century these rights were unrecognized by state governments, with the exception of the recognition that tribes were not required to adhere to state regulation in regard to fishing.  However, the adults in tribes in the 1960s had heard first hand accounts from elders who were alive when the treaties were signed, and recognized the rights they should have under those treaties.  In 1905, in United States v. Winans, Supreme Court upheld the tribes' right to access off-reservation fishing sites, but beyond that there was little recognition of the rights until the 1970s.

Celilo Falls Fishing Site in the 1950s.
Courtesy of US Army Corps of Engineers

One particularly iconic "usual and accustomed" fishing location was Celilo Falls on the Columbia River. This was one of two of the most important fishing sites along the Columbia for tribes.  In fact, archaeological evidence suggests that humans had fished at this location for more 10,000 years.  When the gates of the Dalles Dam were closed in 1957, Celilo Falls was flooded.  On April 20, 1956 the last First Salmon ceremony was conducted by the falls in recognition that the flooding of the falls was imminent.  According to those present, Chief Tommy Thompson made an emotional speech in the tribe's language and was weeping before he finished; indeed, tears were in the eyes of many who were present and realized that this iconic, historical, and religious site was going to be covered in hundreds of feet of water.

The former site of Celilo Falls, now flooded.
Courtesy of Lyn Topinka

In 1971, the federal government filed United States v. Washington to determine the treaty fishing rights of fourteen tribes in western Washington.  In this case, the tribes took the position that the treaties guaranteed them to right to fish "in common with citizens," meaning they were entitled to take 50% of the fish that passed through their traditional fishing grounds.  On the other hand, Washington Department of Fisheries thought they tribes were entitled to up to one-third of those fish.  In 1974, in what came to be known as the "Boldt Decision," Judge Boldt held for the tribes and agreed that they were entitled to 50% of the salmon and steelhead that passed their off-reservation fishing sites.

Even though, since 1974, the tribes have had the right to harvest 50% of the salmon and steelhead, the actual amount of fish has been falling because of the effects of dams, including impacts of dam turbines on juveniles heading downstream and adults returning to spawn.

Tribal fishermen in the Columbia River, Fall 2012.
Courtesy of the Oregonian.

Tribal fisherman still take to the rivers each fall, exercising their traditional rights under the Stevens treaties and the Boldt decision.  This fall, nearly 400 Native Americans from the four tribes permitted to fish in the Columbia River Gorge, took to the river hoping to catch around 150,000 salmon to sell and to eat.  The amount to take is based on a complex formula, which includes the predicted number of salmon to enter the Columbia River that year, the number that need to spawn in order to for the population to sustain itself, and the number that will die on the way to spawn.

This fall's First Salmon ceremony was particularly special for the Elwha Tribe--salmon could swim above the Elwha River dam for the first time in nearly 100 years, and should be able to navigate the river to its headwaters by 2013.  While there is a five-year moratorium on all fishing to allow the salmon runs to recover, there is much reason to celebrate.  In addition to being a source of food and livelihood for the tribes, the salmon also has immense historical, cultural, and religious value to the tribes of the Northwest.

Members of the Lower Klallam Tribe celebrating the beginning of the dam removal projects on the Elwha River.
Courtesy of National Park Service.

Indeed, the dams have had large impacts on salmon runs and, hence, the traditional fishing rights of the tribes.  However, many tribes have been an integral part of working to remove dams, including the Lower Klallam Tribe on the Elwha River, in order to restore the important ecosystems and salmon runs, and also preserve the runs for fishing, cultural, ecological, and historical reasons.