LOSING RIGHTS TO SURFACE WATERS IS CORRECT.
The Skok is an example of fresh water.
NOW PAY ATTENTION:
In the saltwater, former Dir. Jim Unsworth wrote to our federal government on Dec. 4, 2015. He said :
"Legally, we dispute the Tribe's claim about fishing interference because that claim implies that the Tribe has exclusive rights to (salt) surface waters in their U &A. WDFW believes the Tribe's off-reservation treaty fishing rights must be exercised in common with all other state citizens. The public has a right to recreate and fish over the state's navigable waters."
This comment was made in reference to a Puget Sound/salt water Area 10, which is NOT on any tribal reservation, and Unsworth argued to replace a launch at a WDFW public boat ramp. Not build a new launch, but a replacement of a single lane ramp, in an area where there were once 12 boat launches.
This topic is not a joke. The above applies to Point No Point, which is NOT on any reservation and 8 miles to the nearest summer netting. The Feds have not responded...yet. Whatever they decide, it will apply to YOUR local salt water access, since tribal U & A waters cover a vast majority of the State's salt water.
When the Feds (the Corps) responds, it will set legal precedent for the whole state. At that point, I believe you can erase "Point No Point" from legal docs, and "fill-in Your Local Boat Launch Here", and your Corps permit will be denied due to the precedent.
The tribes have a perfect hidden setting to achieve a Statewide Precedent: Little old Point No Point that no one cares about or notices. Tell me (really), Why do the tribes care so much about stopping a ONE LANE, shallow water boat ramp with NO DOCK?
.
.Because after the precedent is set, your saltwater access is gone next!
Those rhetorical questions are exactly why the USACE has ducked, dodged and otherwise made a concerted effort to pretend that the permit application has NOT been sitting on their desk for years. Note that former Director Unsworth's letter to the Corps was dated 4 Dec 2015 and yet no action from the Corps other than to solicit additional information from the tribes as to how the ramp's usage would adversely impact tribal fishing rights as alleged.
It is my belief that some of the tribes do have a larger agenda and it is control. As I recall the tribal response to the permit application included a demand for payment of a substantial amount of cash as compensation for potential future adverse impact on their treaty fishing rights. To its credit WDFW took exception to that demand ; a demand which I will characterize as extortion yet here we sit with a great boat launch ($4MM?) without a ramp.
Without going into further detail regarding the tribal objections let me opine that none of the tribes with U&A in the area of the PNP facility have had any difficulty harvesting their 50% of any of the resources covered by Boldt and subsequent court rulings nor will they from the use of that ramp should it come to fruition.
Let me repeat. The struggle over the permit for the PNP ramp is one of control - plain and simple.
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