Rich Landers: Tribes, federal government keeping public in dark regarding Lake Roosevelt

A giant pain in the rear for Lake Roosevelt anglers and boaters appears to be festering under the aloof care of the U.S. Department of Interior and its Bureau of Indian Affairs.

The Colville and Spokane tribes want jurisdiction over fishing and fisheries in the reservoir behind Grand Coulee Dam. It’s not clear how much authority they want or why they want it, which is part of this issue.

In dealing with the tribes, little information is open and clear. That should be a red flag for the non-tribal public that has a stake in a very important public fishery that’s supported by public funds.

In 1994, brave angler Joe Cassidy, of Davenport, stuck his neck out to settle the smoldering issue over jurisdiction on the Columbia River reservoir.

He dared to fish where the state said he could even though the Spokane Tribe said he couldn’t.

Instead of rolling over when he was ticketed by tribal enforcement, he took them – and the federal government that backs the tribes in legal matters – to court.

U.S. District Court Judge Justin Quackenbush ultimately dismissed criminal charges brought upon Cassidy by the tribe and the federal government. The Cassidy Decision gave non-tribal anglers confidence that they could boat and fish in Lake Roosevelt without a tribal permit.

But the tribes have never stopped pursuing jurisdiction, and their efforts appear to be coming to a head behind closed doors.

The understanding described in the Cassidy Decision is that the state has authority over fishing up to the 1,310 elevation line. Full pool at Lake Roosevelt is 1,290 feet.

Tribal officers likely would give a non-tribal angler a ticket for fishing on shore in most places within reservation boundaries regardless of the elevation. The state and anglers have been living with that.

In 2012, the Colville Tribe pressed the Secretary of Interior for authority over fisheries and management on the Sanpoil Arm. The Spokane Tribe also became more engaged. But the state agency that has responsibility for fish and wildlife in the state was never in the loop.

“The department had never received a response from the Department of Interior to our 2012 letter asking for clarification about the tribes’ proposals,” said Steve Pozzanghera, WDFW Region 1 director in Spokane.

In 2015, the tribes presented a formal proposal to Interior. This winter, Jay Inslee’s office asked the WDFW somewhat out of the blue to provide information about the delegation of authority after Interior officials told the governor they were considering changing the rules.

“The Interior secretary can give the tribes authority over Roosevelt with the stroke of a pen,” said Cassidy in a telephone interview. “That’s one of the things we learned in research for the court case. We also learned that a president could end this confusion, but that’s less likely to happen.”

In March, the WDFW finally convened with Interior as well as the governor’s aides, Bureau of Indian Affiars and the tribes’ legal counsel. WDFW staff essentially tried to get caught up on four years of conversations the tribes and Interior had been having without them.

“That’s when we were informed that they were considering rule making on fish management on Lake Roosevelt, and especially the area defined as the reservation zone,” Pozzanghera said.

“The WDFW has been trying to get a feeling for the position Interior may be proposing and listening intently to the tribes and what their approach would be,” he said. “Interior has not responded.”

The reservation zone defined by Congress under the 1935 enabling act that established Grand Coulee Dam is confusing. It’s not clear whether the boundary along the Columbia River is on the near shore of the reservation, at the midway point of the river or on the opposite shore.

The Cassidy Decision describes the reservation zone and notes that Congress did not give tribes exclusive fishing rights there.

“We believe the tribes and WDFW have been co-managing the reservoir successfully under two different existing agreements, with the Colville Tribe since 1998 and the Spokane tribe since 2007,” Pozzanghera said.

These agreements deal with issues such as licensing, enforcement and fish management.

“Our position is that the current agreements have served us well and the parties are coordinating and working cooperatively,” he said. “Rule making by Interior is not necessary.”

“If anything,” Pozzanghera added, “we recommend looking at existing agreements and opportunities to improve them. There could be more clarity on license types and fisheries management, but Interior action isn’t needed.”

Who knows whether the tribes and Interior agree? WDFW, which represents the non-tribal public, hasn’t been allowed to present that position.

The tribes did not respond to requests from The Spokesman-Review for information or interviews.

Stanley M. Speaks, northwest regional director in Portland for the Bureau of Indian Affairs, who would have authority over the Lake Roosevelt fisheries under the proposal, does not speak to reporters without Department of Interior approval, his secretary said.

Department of Interior spokesperson Nedra Darling offered this vague answer to 11 initial questions I posed in May:

“The Department is carefully considering the proposal submitted by the Colville Tribe and Spokane Tribe concerning Lake Roosevelt. Because the Department has not yet determined exactly how it will respond to the tribes’ proposal, it is premature for the Department to speak substantively about it, however the Department is engaging with the tribes and representatives from the State of Washington, including the Washington Department of Fish and Wildlife, concerning the proposal and how it would impact the Lake Roosevelt National Recreation Area.

“The Department will comply with all applicable laws and regulations to ensure there is opportunity for input from interested parties concerning any action the Department may be considering that would impact the Lake Roosevelt National Recreation Area.”

So far, however, the public – including the WDFW – has been kept in the dark.