Guardians of the Tide: Swinomish Treaty Rights, Shellfish, and the Enduring Promise of the Salish Sea
The waters of the Salish Sea, a complex network of coastal waterways stretching from British Columbia to Washington State, have sustained the Swinomish people for millennia. For this Coast Salish tribe, shellfish are not merely a food source; they are a cornerstone of identity, economy, and spirituality, intrinsically woven into the fabric of their existence. The right to harvest these vital resources, however, is not a privilege but a solemn guarantee, etched into a treaty signed nearly 170 years ago and fiercely defended through generations of legal and cultural stewardship.
At the heart of the Swinomish’s enduring connection to shellfish lies the Treaty of Point Elliott, signed in 1855 between the United States government and the signatory tribes, including the Swinomish. In this pivotal document, tribal leaders ceded vast tracts of land in exchange for reserved rights, prominently including "the right of taking fish at all usual and accustomed grounds and stations… in common with all citizens of the Territory." While the treaty was primarily focused on land, its seemingly simple language regarding "fish" became the battleground for defining Indigenous rights to marine resources, including the bountiful shellfish beds of their ancestral waters.
For over a century following the treaty’s signing, state authorities often interpreted these rights narrowly, if not outright ignored them. Non-Native commercial and recreational fishers harvested with little regard for tribal sovereignty or the spirit of the treaty. This period of usurpation culminated in a landmark legal confrontation: United States v. Washington, famously known as the Boldt Decision of 1974. Though the Boldt Decision primarily affirmed tribal rights to salmon and steelhead, establishing tribes as co-managers of the resource and entitling them to half of the harvestable catch, it laid the groundwork for subsequent victories concerning shellfish.
It was not until 1994, with the "Rafeedie Decision" (named after Judge Edward Rafeedie, who presided over the shellfish phase of United States v. Washington), that the interpretation of "fish" was expanded unequivocally to include shellfish. This ruling explicitly affirmed that the treaty tribes, including the Swinomish, possessed the right to harvest 50% of the harvestable shellfish crop from their usual and accustomed grounds, even on privately owned tidelands, subject to certain environmental and property rights protections. The Rafeedie Decision was a monumental affirmation, recognizing that the term "fish" in 19th-century treaty language was understood by Native people to encompass all aquatic life they traditionally harvested, from salmon to clams, oysters, and geoduck.
This legal validation was not just about securing a resource; it was about upholding a promise and reaffirming cultural continuity. For the Swinomish, shellfish harvesting is a profound intergenerational practice. Elders pass down traditional ecological knowledge (TEK) to younger generations, teaching them not only how to identify and harvest different species but also how to read the tides, understand the seasons, and practice sustainable stewardship. "Our elders taught us to only take what you need, and to always give thanks," explains Joe Williams, a Swinomish tribal elder and lifelong harvester. "This isn’t just food; it’s our history, our identity, our connection to the water and to each other." This knowledge encompasses understanding the life cycles of various species, the intricate relationships within the ecosystem, and the long-term impacts of harvesting practices.
The Swinomish’s cultural harvesting practices are diverse, encompassing a range of species vital to their diet and economy. Manila clams, butter clams, native littleneck clams, oysters, mussels, and the iconic geoduck (a giant, burrowing clam prized for its unique texture and taste) are all integral. These harvests serve three primary purposes: subsistence, ceremonial, and commercial. Subsistence harvesting provides direct food security for families, ensuring that traditional foods remain accessible. Ceremonial harvests are crucial for potlatches and other cultural events, reinforcing social bonds and spiritual practices. Commercial harvesting, on the other hand, allows the tribe to participate in the broader economy, generating revenue that supports tribal government, education, healthcare, and infrastructure.
The Swinomish Indian Tribal Community (SITC) has developed a sophisticated co-management system, working in close collaboration with state and federal agencies like the Washington Department of Fish and Wildlife (WDFW) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries. This co-management involves joint stock assessment, habitat restoration, water quality monitoring, and the enforcement of regulations. The Swinomish Department of Environmental Protection, for instance, actively monitors shellfish beds for biotoxins like Paralytic Shellfish Poison (PSP) and other contaminants, ensuring the safety of their harvests. Their approach integrates cutting-edge scientific methods with their ancestral knowledge, demonstrating a holistic commitment to resource management.
Despite these established rights and robust management practices, the Swinomish and their shellfish resources face formidable challenges. Environmental degradation poses the most significant threat. The Salish Sea, while beautiful, is an estuary under immense pressure from a rapidly growing human population. Urban and agricultural runoff introduces pollutants, pesticides, and excess nutrients, leading to harmful algal blooms and oxygen-depleted "dead zones" that devastate shellfish populations. Ocean acidification, caused by the absorption of excess carbon dioxide from the atmosphere, is another dire concern. As the water becomes more acidic, it directly impacts the ability of shellfish to form and maintain their shells, threatening the very survival of these species.
"We are seeing the impacts of climate change and pollution firsthand," states a Swinomish fisheries biologist. "Ocean acidification is dissolving the shells of our young oysters, and warming waters are stressing populations. These aren’t abstract scientific concepts for us; they are direct threats to our food, our culture, and our treaty rights." The tribe actively engages in advocacy, lobbying for stronger environmental protections and participating in regional climate change initiatives. Their efforts extend to habitat restoration projects, such as planting eelgrass beds – crucial nursery habitats for many marine species – and restoring native oyster beds, which also act as natural water filters.
The economic implications of these rights are profound. The commercial harvest of species like geoduck, which can fetch high prices in Asian markets, provides significant revenue. A single geoduck can live for over 160 years, and their deep-burrowing nature makes them resilient, though not immune, to surface disturbances. The careful management of this resource by the Swinomish ensures its sustainability and continued economic benefit for the tribe. This economic independence strengthens tribal sovereignty, allowing the Swinomish to invest in their community’s future, reducing reliance on external funding.
Furthermore, the exercise of treaty rights serves as a powerful reminder of Indigenous sovereignty and resilience. It challenges the historical narrative of conquest and assimilation, asserting the enduring legal and cultural presence of Native nations. By continuing to harvest shellfish according to their traditions and legal rights, the Swinomish reaffirm their identity as the original stewards of these lands and waters. They advocate not just for themselves but for the health of the entire ecosystem, understanding that their well-being is inextricably linked to the well-being of the Salish Sea.
In conclusion, the Swinomish Tribal Shellfish Rights are far more than mere legal entitlements; they are a living testament to an unbroken chain of cultural practice, intergenerational knowledge, and a profound commitment to environmental stewardship. For the Swinomish, the Treaty of Point Elliott is not a relic of the past but a dynamic, living document that continues to shape their present and future. As they navigate the complex challenges of a changing environment, their unwavering dedication to protecting and harvesting shellfish in their usual and accustomed grounds stands as a powerful declaration: the Swinomish people remain the guardians of the tide, ensuring that the promise of the Salish Sea endures for generations to come. Their story is a vital reminder that Indigenous rights and environmental health are not separate issues, but two sides of the same indispensable coin.
