Lummi Nation: Salish Sea Fishing Rights & Pacific Northwest Heritage

Lummi Nation: Defending Salmon, Securing Sovereignty in the Salish Sea

The Salish Sea, a vibrant marine ecosystem shared by the United States and Canada, is more than just a body of water for the Lummi Nation; it is the heart of their identity, the wellspring of their culture, and the battleground for their inherent rights. For millennia, the Lhaq’temish, the People of the Sea, have lived in intimate reciprocity with these waters, their lives inextricably linked to the salmon, shellfish, and marine mammals that define this unique Pacific Northwest environment. Today, the Lummi Nation stands at the forefront of a protracted struggle to uphold their treaty-reserved fishing rights, a fight that is simultaneously a battle for environmental justice, cultural survival, and the very future of the Salish Sea.

This is not merely a legal dispute over fish; it is a profound assertion of sovereignty, a testament to an enduring heritage, and a critical lesson in traditional ecological knowledge. The Lummi’s story is a powerful narrative of resilience against historical injustices and a relentless commitment to protecting an ecosystem that sustains not only their people but countless others.

An Ancient Legacy: The People of the Sea

Before the arrival of European settlers, the Lummi Nation occupied a vast ancestral territory spanning the present-day San Juan Islands, the coast of Whatcom County, and parts of the Fraser River delta. Their sophisticated maritime culture was built upon an intricate understanding of the Salish Sea’s rhythms and resources. Salmon – specifically Chinook, Coho, Sockeye, Pink, and Chum – were the cornerstone of their diet, economy, and spiritual life. Fishing techniques, passed down through generations, included reef netting, gillnetting, and trolling, all executed with a deep respect for the interconnectedness of life.

The Lummi’s relationship with salmon transcends sustenance; it is a familial bond. Salmon are considered relatives, deserving of honor and protection. This perspective, known as Traditional Ecological Knowledge (TEK), emphasizes sustainability, stewardship, and a holistic view of the environment. Their ceremonies, language (Xwlemi Chosen, a Coast Salish dialect), and social structures are interwoven with the cycles of the salmon and the sea. This profound connection is the bedrock upon which their modern fight for fishing rights is built.

The Treaty of Point Elliott: A Promise Undermined

The mid-19th century brought an irreversible shift. In 1855, representatives of the U.S. government met with leaders of various Coast Salish tribes, including the Lummi, to negotiate the Treaty of Point Elliott. Under immense pressure and the looming threat of military force, tribes ceded vast tracts of land. Crucially, however, they retained certain inherent rights, explicitly stated in Article 5: "The right of taking fish at all usual and accustomed grounds and stations is further secured to said Indians, in common with all citizens of the Territory."

This seemingly straightforward clause became the central point of contention for over a century. For the Lummi and other signatory tribes, "in common with" meant an equal right to access and harvest. For the burgeoning non-Native population and state authorities, it was often interpreted as a right to fish like other citizens, subject to state regulation and often marginalized in favor of commercial and recreational fisheries. This fundamental disagreement laid the groundwork for decades of legal battles, political strife, and what became known as the "Fish Wars."

The Boldt Decision: A Landmark Victory and Its Aftermath

By the mid-20th century, escalating tensions and arrests of tribal fishers led to a landmark legal challenge. In 1970, the U.S. government, acting as trustee for the tribes, filed United States v. Washington, seeking a definitive interpretation of the treaty. Four years later, U.S. District Court Judge George Boldt issued a monumental ruling that forever changed the landscape of fishing rights in the Pacific Northwest.

Judge Boldt’s decision, delivered on February 12, 1974, affirmed that the treaty tribes were indeed co-managers of the resource and were entitled to "fifty percent of the harvestable catch" of salmon and steelhead originating in their traditional fishing areas. He famously stated that "the Indians are not fishing as a privilege granted by the State of Washington but pursuant to rights reserved by them in the 1855 Treaty."

The Boldt Decision was a watershed moment, but it was not met with immediate acceptance. A furious backlash from non-Native fishers and the state government ensued, characterized by protests, violence, and continued defiance of the ruling. The initial years post-Boldt were marked by intense conflict, yet the decision was upheld by the U.S. Supreme Court in 1979, solidifying the legal foundation for tribal co-management. This ruling not only affirmed tribal fishing rights but also recognized tribal sovereignty, establishing a government-to-government relationship between tribes and the United States, and by extension, with state agencies.

Beyond Harvest: The Lummi as Stewards of the Salish Sea

The Boldt Decision transformed the Lummi Nation from marginalized participants into legally recognized co-managers of the Salish Sea’s salmon resource. This elevated status brought immense responsibility. The Lummi quickly demonstrated that their interest extended far beyond simply harvesting fish; it was deeply rooted in the long-term health and sustainability of the entire ecosystem.

Armed with their treaty rights and centuries of TEK, the Lummi Nation has become a leading voice in regional conservation efforts. They operate their own sophisticated fisheries department, employing biologists, geneticists, and resource managers who work tirelessly on salmon recovery, habitat restoration, and water quality protection. Their hatcheries contribute significantly to salmon populations, and their monitoring programs provide invaluable data.

One of the most powerful examples of Lummi’s stewardship is their steadfast opposition to projects that threaten the Salish Sea. For years, they led the fight against the proposed Gateway Pacific Terminal at Cherry Point (Xwe’chi’eXen), a sacred ancestral site and critical habitat for herring, which are vital forage fish for salmon and orcas. Their unwavering advocacy, rooted in cultural preservation and environmental protection, ultimately contributed to the project’s rejection. This victory underscored the power of tribal sovereignty and the Lummi’s commitment to protecting their "first foods" and the entire marine food web.

Challenges to an Enduring Legacy: Climate Change, Pollution, and Continued Pressure

Despite legal victories and dedicated stewardship, the Lummi Nation faces formidable challenges. The Salish Sea, like marine ecosystems worldwide, is under immense pressure.

• Climate Change: Rising ocean temperatures, ocean acidification, and altered freshwater flows from melting glaciers directly impact salmon lifecycles, from spawning to ocean migration. Warmer rivers stress adult salmon, making them more susceptible to disease, while changes in ocean chemistry threaten the base of the food web.
• Habitat Degradation: Urbanization, agricultural runoff, industrial pollution, and deforestation continue to degrade vital salmon spawning grounds and rearing habitats. The cumulative effect of these stressors makes it increasingly difficult for salmon populations to rebound.
• Orca Decline: The plight of the critically endangered Southern Resident Orcas, whose diet consists almost exclusively of Chinook salmon, is deeply intertwined with the Lummi’s fight. The Lummi have long advocated for measures to increase Chinook abundance, understanding that the health of the orcas reflects the health of the entire Salish Sea ecosystem. Their efforts to save J50 (Scarlet), a starving orca calf, and their spiritual connection to the "blackfish" further highlight their holistic approach to marine conservation.
• Political and Economic Pressures: While the Boldt Decision affirmed rights, the practical implementation often remains contentious. State and federal agencies, as well as non-tribal stakeholders, sometimes resist tribal co-management or advocate for policies that could undermine tribal fishing interests. The economic pressures on all fishing communities, coupled with declining fish stocks, create an environment ripe for conflict.

The Future: Resilience and Self-Determination

The Lummi Nation’s fight for fishing rights is not a relic of the past; it is a vibrant, ongoing struggle for self-determination and the protection of a vital global ecosystem. Their efforts extend beyond their immediate tribal members, benefiting all who rely on the Salish Sea. By asserting their treaty rights, they are holding governments accountable, forcing a deeper consideration of environmental impacts, and advocating for a more sustainable future.

The Lummi are investing in their future through education, economic diversification, and continued advocacy. They are revitalizing their language and cultural practices, ensuring that the next generation understands the profound connection to the sea and the responsibility that comes with it. Chairman Timothy Ballew II once encapsulated this enduring commitment: "We are the salmon people. We have been fishing for thousands of years. We will continue to fish, we will continue to fight for the salmon, and we will continue to protect the Salish Sea for all future generations."

The Lummi Nation’s unwavering commitment to their heritage, their profound understanding of the Salish Sea, and their tenacious defense of their treaty rights offer a powerful model for indigenous sovereignty and environmental stewardship. Their story is a crucial reminder that true sustainability requires respecting the rights of those who have nurtured these lands and waters since time immemorial, and listening to their wisdom to ensure a future where both people and salmon can thrive. The fate of the Salish Sea, in many ways, rests on the continued strength and leadership of the Lhaq’temish.