Does anyone remember when sportsmen could fish the rivers the same time as the tribes were netting? Do you remember that it was on one river (the Puyallup) that the tribes first demanded (and won) the exclusive use of the rivers for netting, based on conflict. Which I might add was more speculative that substantiated. Now the exclusive use of the river is common practice. Sportsmen loose days to fish. Almost all the rivers are listed as "navigable waters" in Western Washington by the way.
Does anyone remember when Citizens of this state could fish on the Skokomish River? Another river that is listed as Navigable. And one in which State funded fish are exclusively given to the tribes.
Does anyone see a trend here...
WDFW's major gaff in the PNP project was breaking it into separate mini-projects and then proceeding with the upland portion prior to obtaining the necessary USACE permit for the in-water work (ramp). That gave tremendous leverage to the tribes.
Complicit in this mess has been the USACE which has encouraged WDFW efforts to negotiate when it has been apparent that at least one of the co-managers has been absolutely unwilling to participate w/r/t the potential future impact on fisheries issue. This is designed as a simple one lane ramp on an existing publicly accessible site and yet it was at last count the next to oldest permit application on the USACE's desk. Frankly, the Corps has shirked its responsibility to the general public and citizens.
Not to be left out is the WDFW Commission which, while supportive of the ramp completion, at some point should have given clear instructions to the Director to attempt to engage personally with the USACE's Seattle area Commander. Had such an effort been rebuffed it would have provided more indication of the USACE's intransigence.
As to this potentially representing a huge precedent just keep in mind that the USACE has to provide all tribes with U&A covering a project area the opportunity to comment on in water projects to include even the location of recreational mooring buoys. And it is apparent that the USACE is extremely reluctant to establish cut-off dates for comments let alone enforce those which they do create. In short, permit applications may lie dormant for years in the face of a tribal objection no matter how trivial to even include assertions that the tribe hasn't had time to review an application.