Salmon at Risk

  by

 

Dr. Robert N. Crittenden

 

 

Rather than repeating the description,  given on the home page, I will let tell you about the circumstances that led to my writing and publishing this book:

During the early 1990's, while I was working in Olympia, Washington, doing consulting for several natural resource agencies, I gradually came to the realization that some of them were deliberately depressing the salmon stocks. 

However, although, I had no doubt about what they were doing, I did not know what to do about it. Finally I decided that I should tell one of the leading environmental groups. I thought that they might do something. After all, that is the sort of thing those groups do. 

So, I made an appointment to speak with the head of one of the largest and most prominent of them. At that meeting, I told him about what was happening, for about fifteen minutes. Then, he stopped me and he said, "Yes, we are doing it but you'll never be able to prove it."

The next day, I went to the local environmental newspaper and clearing house and asked them about it. --- It was easy for me to pass as one of them, as I am a PhD ecologist, although I am a scientist instead of a political doctrinaire. --- Nevertheless, they took me as one of them and, seeing as I already knew part of the story, they told me the rest.

What they said was, that every Thursday, at 1:00 pm, the heads of the State natural resources agencies, the Tribal Fisheries Commission and the leading environmental groups had been meeting to decide which stocks to depress, in order to leverage political policies. The environmental newspaper had routinely sent a reporter to these meetings, to keep abreast of developing issues. The next week I sent a friend to their meeting, who they did not know, to see what they were doing. He told me that that was, indeed, what they were doing.

Then, I began writing Salmon at Risk. However, I was still unconvinced that this issue was important enough to warrant publication. Nevertheless, an event occurred that showed me that it was...

At that time, I used to drive to Seattle once a week to race sailboats. One night after the race, as I drove home down the interstate, I noticed that a car seemed to be following we. When I reached Olympia and took my exit, it did too. It even came right into the parking lot of the large apartment complex where I lived. I turned around a corner of a building, parked, and darted into my apartment before they came around the corner. When I peaked out through the blinds, I saw them parked outside, with someone seated inside it the car. --- I thought, "Oh, this is crazy. This is just a coincidence. I'm getting paranoid." So, I turned on the lights. --- The car immediately started its engine and drove off.

About a week later, there was knock on my door. It was the lady who lived upstairs. She was a senior secretary in some government agency: a solid prosaic sort of individual. She asked me if I was aware that I was being watched. --- It seems that two young men who did not live in the apartment complex had been working on a car, across the parking lot from where I lived. When I was indoors they would just sit around, smoke cigarettes and talk but the moment I came out, they would jump up and look as though they were working on their car. I probably should have reported them to the police but they were so inept that I did not find them the least bit threatening.... After several weeks, they went away.

One day, about a week after that, in the middle of a bright sunny morning, I walked to the grocery store, as I often did. As I approached one of the stoplights on the road, I was not particularly paying attention to an old pickup, waiting at the light, although I was aware of it. When the light turned, it accelerated down the road towards me. As it came past me, the driver reached over to the passenger seat, picked up a revolver and fired a single shot out the window at me. He missed and was a hundred yards down the road before I fully realized what had happened.

That convinced me:  If  it was important enough for someone to do all that they did, it was important enough to publish.

 

 

 

ISBN 0-9671290-0-1  originally printed as an 8.5 x 11 inch workbook of 198 pages but now only available as a CD in pdf format,   Hargrave Publishing, Sequim WA.

 

 

Table of Contents

Chapter 1    The Indian Treaties

    1.1    Basis for Treaty Making

    1.2    The Status of the Conquered

    1.3    Consequences of Conflicting Legal Status

    1.4    Exploration and Settlement of the Northwest

    1.5    Washington's Indian Treaties

    1.6    Text of the Stevens' Treaties

    1.7    Negotiation of the Treaties

    1.8    Indian War

    1.9    Settlement and Statehood

    1.10    Federal Regulation: 1857-1934

    1.11    Indian Citizenship and Suffrage

    1.12    Indian's Partial Immunity to State Law

    1.13    The Howard-Wheeler Act of 1934

    1.14    Voluntary Termination

    1.15    Termination Reversed: the 1960's

Chapter 2    The Boldt and Orrick Decisions

    2.1    The Indian Movement

    2.2    Indian Fisheries Law Cases

    2.3    The Boldt decision

    2.4    Flaws in Boldt's Decision

    2.5    Washington vs. WSCPFA

    2.6    Legal Doctrines

    2.7    Boldt II Decision

    2.8    The Supremacy Clause

    2.9    Judicial Legislation on Indian Treaties

    2.10    Citizen's Initiative 456

    2.11    The UN Charter: Indigenous People

    2.12    Indigenous People: Rights under the UN

    2.13    UN Draft Proposal on Indigenous People

    2.14    Views of a Few Tribal Leaders

    2.15    Shellfish

    2.16    Mr. Johnson's Closing Arguments in the Shellfish Case

Chapter 3    Consequences of Orrick's Decision

    3.1    The Formation of the Northwest Renewable Resources Center

    3.2    The Northwest Renewable Resources Center's Board of Directors

    3.3    Biographical Information

    3.4    Composition of the Northwest Renewable Resources Center

    3.5    The Northwest Renewable Resources Center's Approach

    3.6    The TFW Agreement

    3.7    Coercion

    3.8    Mediation

    3.9    Co-Management of Salmon

    3.10    Effects of Fraidenburg's Paper

    3.11    Public Involvement

    3.12    Support by the Media

    3.13    Control of the Press

    3.14    Environmental Organizations

Chapter 4    Indian Fisheries Problems

    4.1    Under-Reporting of  Indian Subsistence Fishing

    4.2    Poaching in the Indian Commercial Fishery

    4.3    Indian Wastage

    4.4    Indian Bychatch

    4.5    Inappropriate Indian Catch Limits

    4.6    Decreased Fish Size

    4.7    User Regulation of Public Resources

Chapter 5    WDFW

    5.1    History of the Departments of Fisheries and Wildlife

    5.2    Merger of Fisheries and Wildlife

    5.3    Personnel Structure

    5.4    Quantitative Skills

    5.5    Fish and Wildlife's Admission of Non-Performance

    5.6    Funding

    5.7    Hatcheries as Harvesters

    5.8    Hatcheries and Overfishing

    5.9    Genetic Manipulation of the Stocks

    5.10    Failure to Transport

    5.11    Paper Salmon

    5.12    Restructuring the Fish and Wildlife Commission

    5.13    Appointed Commission

    5.14    Reviving the Department

    5.15    Escapement First Management: SB2021

    5.16    Save Our Sealife's Initiative 640

Chapter 6    A Proposal for Restructuring Fish and Wildlife Management

    6.1    Accountability and Government Structure

    6.2    County Authority

    6.3    Commission

    6.4    Finances for Fish and Wildlife Agencies

    6.5    Preservation of All Stocks is Inappropriate for Wild Salmon

    6.6    Mixed-Stock Versus Single-Stock Management of Salmon

    6.7    Management of Colonizer Species

    6.8    Management Objectives

    6.9    Individual Transferable Quotas (ITQ's)

    6.10    Japanese Ownership of American Fisheries in the Pacific

    6.11    Individual Transferable Quotas for Local Owner Operators

    6.12    Maximum Sustainable Yield

    6.13    Gear Limitations

    6.14    Public Access and Presence

Chapter 7    The PFMC

    7.1    The Magnuson Fisheries Act

    7.2    Law of the Sea

    7.3    The Underlying Principle of the FCMA

    7.4    Structural Problems

    7.5    Reauthorizing Federal Regulation of Fisheries

    7.6    Proposal

    7.7    Misregulation by Federal Government

    7.8    Conclusion

Chapter 8    The Scientific Community

    8.1    Salmon Treaty

    8.2    Alaskan Interception

    8.3    UW_COFS

    8.4    Friends of Ralph Yorque

    8.5    Risk Averse Methods

Chapter 9    Biology of Salmon

    9.1    Characteristic Salmon Life History

    9.2    Pink Salmon, Humpys

    9.3    Chum Salmon, Dog Salmon

    9.4    Chinook, King Salmon

    9.5    Coho, Silver Salmon

    9.6    Steelhead and Cutthroat

    9.7    Sockeye Salmon, Red Salmon

    9.8    Minor Causes for the Decline of Salmon

    9.9    Habitat

    9.10    Pollution

    9.11    Seals and Other Marine Mammals

    9.12    Foreign Fishing

    9.13    Columbia River

    9.14    Recovery Time

Chapter 10    The Weyerhaeusers and Their Company

    10.1    The Weyerhaeuser Family

    10.2    Weyerhaeuser Company

    10.3    Their Board of Directors

    10.4    Interlocking Directorates

Chapter 11    The Washington Roundtable

    11.1    Earlier Socialist Activity in Washington State

    11.2    Composition

    11.3    The Washington Roundtable's Board of Directors

    11.4    Biographical Information

    11.5    Outcome Based Education

    11.6    Outcome Based Education in the Soviet Union

    11.7    Roundtable Education Program

    11.8    Big Brother's Computer: The Department of Information Services

    11.9    Higher Education

    11.10    Northwest Renewable Resources Center

Chapter 12    The Nature Conservancy of Washington

    12.1    Origin of The Nature Conservancy

    12.2    Origin of the Chapters in Washington State

    12.3    Take-Over by Big Money

    12.4    The Nature Conservancy's Northwest Office

    12.5    The Evans Administration

    12.6    Nature Preserves?

    12.7    The Nature Conservancy, Washington Chapter, Board of Trustees

    12.8    Biographical Information

    12.9    Washington Wildlife and Recreation Coalition

    12.10    Land Acquisition

    12.11    Conservation of School Lands

    12.12    Debt for Nature Swaps

Chapter 13    Marine Sanctuaries, National Estuaries, and Federal Parks

    13.1    Federal Marine Sanctuaries

    13.2    Federal Confiscation of Property Rights: Winters' Doctrine

    13.3    Public Trust Doctrine

    13.4    National Estuary Program

    13.5    Puget Sound Water Quality Authority

    13.6    North Cascades International Peace Park

    13.7    The Opium Trade

Chapter 14    The Discovery Institute

    14.1    Board of Directors

    14.2    Board of Advisors

    14.3    Fellows

    14.4    Composition

    14.5    Current Programs

    14.6    In Intermodal Public-Private Transportation Plan

    14.7    Prison Labor --- The Savior of International Trade

    14.8    International Seattle

Chapter 15    The Politicians

    15.1    Context for the 1993 and 1994 Legislative Sessions

    15.2    Citizens' Initiative 601

    15.3    Legislators and Bills

    15.4    Liberal and Big Business Republicans

    15.5    Sponsors of House and Senate Bills, 1995

    15.6    Legislative Bills from 1995

Appendix A    Literature Cited

Appendix B    The Washington State Legislature

    B.1    How Bills Become Law

    B.2    How to Influence Public Policy

Appendix C    Glossary

Appendix D    Index

Appendix E    Afterward

    E.1    Positivism and Case Law

    E.2    Final Appeal of Boldt II

 

 

Preface

These two studies discuss Washington State politics. 

Salmon at Risk is an independent review of the politics of salmon in Washington State.

I wrote this book because, as a fisheries scientist, I was appalled at the deliberate mis-management of salmon and the other exploited natural resources in Washington State. I found compelling evidence that these abuses are deliberate and arise from the actions of a coalition.

My viewpoint on the management of exploited natural resources is that they should be managed to maximize the long-term benefit to the citizens of the State. For living resources that means self-replenishing while for mined resources that means extraction over a long time period.

This management should be based on sound science and should be conducted or overseen by qualified experts. However, expertise alone isn't sufficient. Personal integrity and impartiality are necessary for both good management and good science. Furthermore, management decisions and scientific results should be open to public scrutiny.

The Elite Planners is an analysis of the interlocking directorates of the most influential planning organizations in Washington State. They are the source of many of our current public policies, including those on natural resource and land-use management.

It should also be said that this is a living document. --- It is a repository of information. Its early editions had been a book, which provides its organizations, but I added things to it from time-to-time as I came across them. consequently, you will find that it contains a wealth of information, but also that it is of very uneven writing quality. --- I stopped adding to it in 1995.

the second printing is identical to the first except 1) this preface and appendix E; 2) Elite Planners appears after Salmon at Risk instead of before it; and 3) its first three chapters were omitted. The reason for these latter two changes is that those chapters of Elite Planners contained a brief history, which has now been entirely superseded by my, soon to be published book, Politics of Change  which is now virtually done.