State Wants New Talks With Tribes Over Shellfish Washington Would Like Dispute Removed From Federal Court

Washington’s top political leaders said Friday they want to reopen talks with Indian tribes over shellfish harvests.

In a letter to tribal leaders, Gov. Mike Lowry and Washington’s legislative leaders suggested the shellfish dispute be removed from federal court and taken back to the bargaining table.

“We wish to open a dialogue with you to explore whether it is possible to reach a settlement that will avoid the necessity of protracted appeals and related litigation,” the letter said.

“The shellfish resource is important not only to the tribes, but to all the citizens of Washington State. We believe that it would be in everyone’s interest, Indian and non-Indian alike, to reach a settlement that addresses each others’s long-term interests.”

The letter was signed by Lowry, Senate Majority Leader Marcus Gaspard, D-Puyallup, House Speaker Clyde Ballard, R-East Wenatchee, Senate Minority Leader Dan McDonald, R-Bellevue, and House Minority Leader Brian Ebersole, D-Tacoma.

U.S. District Court Judge Edward Rafeedie ruled Dec. 20 that treaties signed a century ago give 15 Western Washington tribes the right to harvest up to half of all species of shellfish throughout Puget Sound and the Strait of Juan de Fuca - including those on private tidelands and many commercial clam and oyster beds.

Commercial shellfish growers are appealing Rafeedie’s ruling, and the case will likely wind up before the U.S. Supreme Court.

The state’s overtures got a cool reception from tribal leaders.

Phil Katzen, the tribes’ lead attorney in the shellfish case, said the state obviously is seeking concessions. The tribes aren’t interested in listening to any deals - at least not until a courtordered implementation plan is agreed upon and submitted to the judge, he said.

“The tribes are focusing on an implementation plan, and that’s proving to be enough of a project without trying to address other possibilities,” Katzen said.

“I think the tribal attitude is going to be, ‘Don’t try to talk to us about that right now. If we’re willing to talk about it at all, it won’t be until after this implementation plan has been submitted to the court.”’

Rafeedie set a Jan. 31 deadline for the implementation plans, but commercial growers are seeking a delay.

Commercial growers and private property owners were enthusiastic about the state’s efforts.

“It’s right on the mark,” said Bill Dewey, a spokesman for Puget Sound Shellfish Growers, which represents 65 commercial growers.

Barbara Lindsay, executive direc tor of United Property Owners of Washington, said she was delighted that Lowry’s letter emphasized the need to secure private property rights.

While Lindsay and Dewey ex pressed hope for a negotiated settlement, they said they would be unwilling to compromise.

Dewey said growers would continue to insist on unencumbered use of their property. Lindsay said the only settlement acceptable to UPOW would be one in which the tribes would agree to enter private property with permission only.

Katzen said he doubted if the tribes would be inclined to negotiate away those treaty rights.