Perspectives in Washington Environmental Policy

1. Perspectives in Washington Environmental Policy Erin Hanlon Zach Maskin Matt Ritter Lucy Gelderloos Jason Cornell Tim Benedict

2. The Boldt Decision Perceptions through the Decades Erin Hanlon

3. 1854 Treaty of Medicine Creek

6. “Indian Tribes Win Fishing Rights Case”Seattle Times headline February 12, 1974 • Boldt ruled treaty fishing of Northwest tribes a right, not a privilege • Using dictionaries from the 1800s, interpreted “in common with” to mean the tribes were eligible to 50% of the harvestable run, after ceremonial and subsistence needs were met • Tribes were made co-managers of the fishery

7. Current Perceptions • The Boldt decision made the salmon economically viable for us as well, and is the foundation on which my mom’s generation was able to provide better opportunities for us kids, and ultimately led to a higher education level on the reservation. This in turn has helped to fuel the economic renaissance or the tribes. -Squaxin tribal member • If the case (Boldt decision) wouldn’t have been won there would not be any fish now.” – Gary Peterson, Evergreen Faculty & Skokomish tribal member • The Seattle Times reports that Tom Nelson, 61, a leader in the sport-fishing community, attempting to push an initiative to “Ban all Nets” on the November 1999 ballot tells reporters, “Boldt made a bad decision”. Nelson adds, "Most people in the state - and I go around speaking to a lot of groups - think Boldt made a bad decision.” • At the end of the day I think Judge Boldt got it mostly right. I realize I’m in the minority in the sport fishing community on this issue and the majority still resent Boldt and the tribes. –Craig C. on Hooked Up PNW, August 2010

8. Creating a Comprehensive Policy: The Washington State Environmental Policy Act Lucy Gelderloos gCORE Final Presentation December 7, 2010

9. SEPA • Passed in 1971 in response to growing environmental awareness • Requires local, state, and federal agencies to take environmental impacts into account when planning projects • How does it work? • How has it evolved? • Concerns around broad language

10. References • Luce, C. (1993). An Evaluation of Washington State Environmental Policy Act Implementation (SEPA). Environmental Impact Assessment Review, 13(5), 311-318. • Petersen, K. C. (1995). River of Life, Channel of Death: Fish and Dams on the Lower Snake. Corvallis: Oregon State University Press. • Settle, R. L. (1986). Environmental Assessment: The Washington State Environmental Policy Act. The Northwest Environmental Journal, 2(2), 35-62. • Washington State Department of Ecology. (2002, May). Washington State Environmental Policy Act Focus Sheet. Retrieved December 5, 2010, from http://www.ecy.wa.gov/pubs/0206013.pdf • Washington State Department of Ecology. (2003). State Environmental Policy Act Handbook. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/pubs/98114.pdf • Washington State Department of Ecology. (2010a, August). New SEPA Checklist Guidance for Impacts to Agricultural Lands. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/programs/sea/sepa/enviro_checklist_guidance.html • Washington State Department of Ecology. (2010b, October 19). Greenhouse Gas Emissions and SEPA: Working Paper. Retrieved December 5, 2010, from Greenhouse Gas Emissions and SEPA: http://www.ecy.wa.gov/climatechange/docs/sepa/10192010_sepaghg_workingpaper.pdf • Washington State Department of Ecology. (n.d. a). Q & A: SEPA and Greenhouse Gas Emissions. Retrieved December 5, 2010, from Greenhouse Gas Emissions and SEPA: http://www.ecy.wa.gov/climatechange/docs/sepa/faq.pdf • Washington State Department of Ecology. (n.d. b). Frequently Asked Questions About SEPA. Retrieved December 5, 2010, from State Environmental Policy Act (SEPA): http://www.ecy.wa.gov/programs/sea/sepa/faq.htm

11. Wetland Policy in Washington State

15. Climate Change Policy Affecting Endangered Species Washington Wolves as a Case Study Matt Ritter December 7, 2010

16. Wolf History • 1974 listed • Hunted to near extinction for 60 years

17. Climate Change • Temperature continues to rise • All parts of the wolf’s range vanishing rapidly

18. Maintaining Protection Through the ESA Section 7 of the ESA • Human-caused alterations to habitat Section 9 of the ESA • Green house gas contributions

19. Conclusion • WA wolf populations can survive warming temperatures • If delisted the wolf may obtain protection through the ESA due to climate change • Proving human contributions remains challenging • The future of the wolf depends on humans

20. Whooo Me? Impacts of Northern Spotted Owl Related Policies on WA Forestry -Zach Maskin

21. Thesis • The Northern Spotted Owl has been the most influential driver in Washington State’s movement towards sustainable forestry. • The policies enacted to protect Spotted Owl habitat has had profound impact on Washington socially, economically and environmentally.

22. Forestry Before 1990 • Sustained Yield Model: Harvesting of a constant flow of forest products. • Little attention paid to forest ecosystem augmentation: clear cuts, little or no riparian buffers, snags or down woody debris.

23. 1990 Protection Under Endanger Species Act • Report from the Interagency Scientific Committee (ISC) found: • Decline in Northern Spotted Owl population > 1% annually • Spotted Owls specifically select forest with old growth characteristics as nesting sites • Suitable habitat continues to decline due to timbering practices.

24. Studies Supporting Northern Spotted Owl Protection • 1990 ISC “Thomas Committee” • 1991Alternatives for Late-Successional Forests of the Pacific Northwest • 1993 Viability Assessments and Management Considerations for the Species Associated with LS/OG Forests in the PNW:

25. Dwyer Decision • May 29, 1991: Halted logging in seventeen National Forests, (24 million acres) of critical owl habitat • Logging practices were “a remarkable series of violations of environmental laws” –Judge Dwyer • 1994 Logging ban lifted, but only allows 1/5 annual timbering of the 1980s Judge William Dwyer

26. Northwest Forest Plan

27. State and Private Land • 1996 WA State DNR Habitat Conservation Plan: • Modeled after the NWFP, enacted by WA Forest Practices Board • Spotted Owl habitat protection for state and private land must follow 1996 Permanent Rules for the Northern Spotted Owl.

28. Policy Impacts • Environmental: • Shift towards sustainable forestry • Ecosystem management over single species protection • Preservation of old-growth forests • Nearly 90% reduction in timbering on federal lands • Slowing of owl decline

29. Impacts Continued • Social • Reduction in school construction funding • Owls versus jobs debate • Job loss 6,200 – 9,300 WA and OR combined • Economic • Weakening of Timber Industry • Damage to communities reliant on timbering federal lands • Logging has fallen nearly 50% on private, state and federal lands since 1991 • Economic damage not as bad as originally projected

30. Conclusion • “No species in the United States has had a greater impact on land use planning at the landscape level”-Barry Noon: Conservation of NS Owl and the NWFP, (2006) • Northern Spotted Owl related policies saved old growth forests • Protective measures shifted forest practices towards sustainable forestry • Ecosystem management over single species protection

31. References: “Judge William Dwyer ‘52” Extras: William J Dwyer (Columns: The University of Washington Alumni Magazine) June, 2002 http://www.washington.edu/alumni/columns/june02/extras_dwyer.html Noon, Barry R. & Jennifer A Balesley. Conservation of the Northern Spotted Owl under the Northwest Forest Plan. (Conservation Biology: Vol 20, No,2. 2006) “NWFP Land Allocation Maps” http://www.reo.gov/gis/data/gisdata/index.htm “WA DNR Logo” http://www.odf.state.or.us/gis/gtag/state.html *All other images found on google clip art

32. Protecting Biodiversity through Landowner Conservation Efforts Tim Benedict – 2010 MES gCORE Final Project Tim Benedict – Fall 2010 gCORE Final Presentation

33. Simulated Reserve & Corridor System

34. Land Ownership in the United States

35. US Land Development by Aerial Lights

36. National Land Trusts • Access Fund • American Farmland Trust • American Land Conservancy • The Conservation Fund • The Great Outdoors Conservancy • The Humane Society of the United States Wildlife Land Trust • National Park Trust • The Nature Conservancy • Trust for Public Land • Wilderness Land Trust - An Accredited Land Trust

37. Land Trusts Operating in Washington • Methow ConservancyWinthrop, WA • Palouse Land TrustMoscow, ID • Chehalis River Basin Land TrustCentralia, WA • Tapteal GreenwayRichland, WA • Lummi Island Heritage TrustLummi Island, WA • Chelan-Douglas Land TrustWenatchee, WA • Sportsmen's National Land Trust, Inc.Agawam, • Blue Mountain Land TrustWalla Walla, WA • PCC Farmland TrustSeattle, WA • Save Habitat and Diversity of Wetlands Organization Okanogan Valley Land CouncilTonasket, WA • Dishman Hills Natural Area AssociationSpokane, WA • Columbia Land TrustVancouver, WA • Inland Northwest Land TrustSpokane, WA • Yakima Greenway FoundationYakima, WA • North Olympic Land TrustPort Angeles, WA • Kittitas Conservation TrustRoslyn, WA • Cowiche Canyon ConservancyYakima, WA • Whatcom Land TrustBellingham, WA • American Friends of Canadian Land TrustsSeattle, WA • Capitol Land TrustOlympia, WA • Vashon-Maury Island Land TrustVashon, WA • Jefferson Land Trust Port Townsend, WA • Nisqually Land TrustLacey, WA • Great Peninsula ConservancyBremerton, WA • Bainbridge Island Land TrustBainbridge Island, WA • San Juan Preservation TrustLopez Island, WA • Rocky Mountain Elk FoundationMissoula, MT • Center for Natural Lands Management - An Accredited Land TrustFallbrook, CA • Whidbey Camano Land TrustGreenbank, WA • Skagit Land Trust Mount Vernon, WA • Cascade Land Conservancy Seattle, WA

39. Landowner Conservation & Policy 2010 public policy priorities: • Making the enhanced easement incentive permanent • Creating estate tax incentives for conservation • Improving IRS administration of conservation donation rules • Protecting conserved lands from energy transmission facilities • Promoting land trust ideas in the America’s Great Outdoors Initiative

40. Emerging Policy Issues: Energy Development Threats to Conservation In an alarming trend over the last few years, large swaths of farms, forests and wildlands permanently protected for the benefit of the public have been targeted for the siting of energy infrastructure projects. As climate and energy bills move through Congress, the push for rapid development of low carbon energy and new transmission lines should not, as an unintended consequence, undo years of work and public and private investment in conservation. Responding to Climate Change Global climate change is both a challenge and an opportunity for the land conservation community. Since natural landscapes sequester carbon dioxide, land trusts can be part of the solution. Meanwhile, new funding sources generated by climate legislation may help land trusts adapt to the challenge of a changing landscape.