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Appendix B 



Excerpts From The United States Of America 

 National Report lb The United Nations 

 Conference On Environment And Development 



The United States produced this report as part of the preparations for the Uruted 

 Nations Conference on Environment and Development to be held in Brazil in June 

 1992. 



"One of the most comprehensive and successful examples of tribal/state/federal 

 cooperation in resource management is the management of salmon resources in the 

 state of Washington. Tribal fishing rights guaranteed by treaty are found in a series of 

 treaties negotiated in the 1850s by Territorial Governor Isaac Stevens with a number 

 of tribes in the Northwest. These Indian fishing rights were ignored in the settlement 

 and development of the region, leading tribes to seek redress in the courts. 

 "Fisheries management in the area was changed fundamentjdly in 1974 when Judge 

 George Boldt issued his ruling in U.S. v. Washing ton. In this decision, Indian treaty 

 fishing rights were reaffirmed and tribes were established as co-managers of the 

 resource. Legal battles with the state of Washington continued into the 1980s, how- 

 ever, as a the salmon fishery resource continued to decline. By default, fishery man- 

 agement fell to the court, with state and tribal biologists constantly at odds. It was 

 soon apparent to all parties that if the fish resource was of primary concern, the job of 

 managing it must be removed from the hands of the court and placed back into the 

 hands of professional tribal and state managers. 



"In 1985 a tribal/state plan for coof)erative management of fisheries in Puget Sound 

 was jointly developed jmd approved by the federal court under U.S. v. Washington. 

 Today, litigation over fisheries is the exception rather than the rule in managing tfus 

 key resource. 



"The tribal contribution to this partnership is substantial. In 1976, tribal hatchery 

 releases for the 20 treaty tribes who are members of the Northwest Indian Fisheries 

 Commission (NWIFC) in the state of Washington totalled 9,929,000 fish. In 1990, the 

 tribal release totalled 42,779,000 fish. In addition, tribal biologists participate in all 

 facets of fishery mimagement jind are expanding their efforts into broader water 

 quality programs as well. This is reflected in the 1990 Lake Chelan agreement for 

 comprehensive water resources management, and in the non-point source pollution 

 control project currently being conducted by the NWIFC in cooperation with state 

 and local governments, with funding from the U.S. Environmental Protection 

 Agency." 



"...In addition, tribes that meet requirements under U.S. Environmental Protection 

 Agency (EPA) regulations may receive primary enforcement authority for program 

 functions and join with EPA as partners to ensure effective compliance with federal 

 environmental laws. Under this program, tribes may establish environmental man- 

 agement codes and regulations, issue federally enforceable permits, and join with the 

 federal government in taking appropriate enforcement actions. These partnerships 

 are similar to those that state governments are eligible to develop with the federal 

 government." 



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