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Skokomish Indian Tribe
Natural Resources Department (360) 877-5213
N. 541 Tribal Center Road Fax (360) 877-5148 Skokomish Nation, WA 98584
April9,20l8
Patty Charmas, Director
Jefferson County Community Development
621 Sheridan Street
Port Townsend, WA 98368
Dear Ms. Charmas,
The Skokomish Indian Tribe holds the primary treaty fishing right in Hood Canal, so any
permit applications submitted to the three local counties (Mason, Jefferson, & Kitsap) or
other state and federal agencies that involve activities potentially impacting natural
resources of Hood Canal and associated watersheds are to be primarily reviewed by the
Skokomish Tribe. The Skokomish Tribe has agreed not to exercise the primary right with
respect to the Port Gamble S'Klallam, Jamestown S'Klallam, and Lower Elwha Klallam
for Hood Canal north of Ayock Point and watersheds draining into Hood Canal north of
Ayock Point and share with them review authority on activities effecting those waters.
The Skokomish Tribe continues to maintain the primary right to all of Hood Canal and
associated watersheds with respect to the Suquamish Tribe. We do welcome any
assistance or feedback on permit review and comment from our neighboring Tribes,
however, the Skokomish Tribe's DNR staff will be the primary authors of any comments
being provided to other agencies on permitting activities in Hood Canal other than as
noted above for waters north of Ayock Point.
Pavel, Director
Skokomish Natural Resources
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IVED.
rN THE uNrrED sTATEs prsl*rct couRT
FOR THE WESTERN DISTRICT OF WASHTNGTON
iRE,
qC !0MArrit & SCHORR
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;i I ,: igg4
No. 9213-Phase I
ORDER ADOPTTNG THE
SPECIAL MASTERI S REPORT
AND RECOMMENDATION
Re: Skokomish Indian
Tribers Request for Deter-
mination of Primary Right
in Hood Canal Fishery
!
UNTTED STATES OF A}ERTCA,
et. aI.,
Plaintiffs,
v
STATE OF WASHTNGTON,
et. aI. ,
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Defendants.
This Court referred the above-referenced dispute to Special
llaster Robert E. Cooper on March 1I, 1982. The issues were tried
before the Special Master on May 5 and 5, 1983 and on June 5 and
7, 1983. The Skokomish Indian Tribe and Suquamish Indian Tribe
both participated in the trial of the issues. Both sides submit-
ted closing argument via memoranda. Special Master Cooper filed
his Report and Recommendation, proposed Findings of Fact, Conclu-
sions of Law and Order as the final adjudication of the Skokomish
Tribe's reguest for determination on January 19, 1984.
This Court, having reviewed the Suquarnish Tribers objection
to the Special Masterrs Report and Recommendation and all perti-
nent pleadings, coneludes as follows.
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rT IS HEREBY ORDERED, ADJUDGED AND DECREED thAt:
(1). The Skokomish Indian Tribe holds the primary
right to take fish in Hood Canal and on aII rivers
and streams draining into Hood Canal south of theline displayed on Exhibit A (attached to Special
Masterrs Report and Reconunendallon, etc...) cofltrnenc-j-ng on the ilest shore of Hood fnal at TerminationPoint and following the course of the Hood Cana1Floating Bridge to the east shore of the canal.
(2). No tribe or member of a tribe shall exercisetreaty fishing rights within the area of Hood Canalor on rivers or streams draining into Hood Canalsubject to the primary right of the Skokomish IndianTribe without the prior express consent of the
Skokomish Indian Tribe or as otherwise provided bythe Hood Canal Agreement Between Skokomish fndianTribe, Port Gamble Band of Klallam Indians, Lower
Elwha Band of Klallam Indians and Jamestown Bandof Klallam Indians and Order herein of March 8, 1983.
(3) This order constitutes a final decision pur-
suant to 28 U.S.C. S129f on the Skokomish Tribe's
request for determination of its prirnary right.
rT IS FURTHER ORDERED that this Court fully adopts the Repor!
and Recommendation, Findings of Fact, Conclusions of Law of Spe-
cial Itlaster Robert E. Cooper, dated January 19, 1984.
IT rs oRDERED that the skokomish indian Tribe and *,he ttnited
I
IStates prepare any numerical corrections, to the Report and Recom-
mendation, etc..., and submit them to this Court vj-a lodged order.
DATED at Phoenix, Arizona, this ')li day of March, 1984.
t.
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l!.<-nrter E. Cra sUnited States District
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UNITED STATES OF AT4ERICA,et aI.,
Plaintiffs,
v.
STATE OF WASHTNGTON, er aI.,
Defendant.s.
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uNrrED srArgs DrsrRrcr Lqplfrlil i''!,?f";" "''11, .'
WESTERN DISTRICT Or I^IASI{INGIAN,= _e,Y-.. :
Special l'lasE.er
RoberE Cooper
CMt NO. 9213 - Phase I
SOOD CANAL AGREEMENI
BETdEEN SKOKOMISH INDIAN
TRIBE, PORT GAI'IBLE BAND
OE KLAILAI,I INDIANS, LOWER
ELWHA BAND OF KLAItAM
INDIANS AND JAIIESTOWN
BAND OF KLALLA!,I INDIANS
O
The Slcokomlsh Indian Triber Port Gamble Band of KIaIIarn
Indians, l,ower E].wha Band oE Klal]am Indians antl Jamestown Band
of Klatlam Indians lhereinafEer-ibferred tso as 'the Stipulating
Partieg"l agree as follows:
I.
PURPOSE OF'SESTLEi|iENT
I. The purpose of this Hood Canal Agreements is to achieve a
mutually acceptable settlement among Ehe Stipulating Parties o[
the following Iitigation:
A. Request for DeE.er:nination Re: Primary Right of
Skol<,omish Indlan Tribe in Hood Canal Flshery, f iled June 17, l98l
(hereinafter "Skokomtsh Primary Right case").
lN Orr!..r ot
tA'rcHw I FE. Lewt s, Gotoxrnx& ScHoeR
Hood Cana} Agreernent - I
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B. Request for Determination: Port Gamble KIaIlain
Usual and Accustorsed Fishing Areas, filed AugusE 11, I978
(hereinafter trPorf Gamble KlaIIam U and A caser').
C. Request for Determination; Lower El'dha Klallam
Usual and Accustofted Elshing Areas, filed August 1I, 1978
(hereinafter nLower Elwha KIaIIam U and A casef,).
2. It is the intent oE the Stipulating Parties to conEirm
and preserve che pre:t,reaty historical relationship between the
CIaIlam ahd Skokomish (or Twana) peoples concerning fishing
right,s in the Hood Canal fishery. Because of their close inEer-
t,ribal relat,ionship and the fact that historicalty the Skokomish
Tribe and t,he KIaIIam Bands have been able to share the Hood
Canal f ishery resources on a mut,ualIy acceptable basis, t,he
Skokomish Tribe and the KIaIlam Bands have determined t,hat the
best course for Lhen is Lo eettle any difEerences between t,hem
regarding fishing in Hood Canal by t,his Agreement, raEher than by
furEher litigation.
II.
BASIS FOR SEBTLE}IENT
3. The Skokomish Indian Tribe Eited its request for det,er-
mination of its primary right i.n ehe llood Canal f ishery on
June 17, 1981. In tllag procE64i.ng the Skokomish Tribe seeks a
determination that its t'Ereaty Eishing right,s in Hood Cana1 and
all the rivers and streams draining into t.he Cana1 are primary to
Hood Canal Agreeruent - 2 Lr CttrcEt c
Iticxr{rt RE, lBrr,Js. oolJ.vrn&& Scnonn
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the rights of any other tribe which has or claims t.o have usual
and accustomed fishing places theEe.rr Skokomish Tribers Reguest
for DeterminaEion Re: Primary Right of Skokomish Indlan Tribe in
Ilood Canal Fishery. Ekre Skokomish Tribe also asserts in this
proceeding that its prirnary right rincludes the right to regulaEe
or prohibit fishing by other tribes in Hood Canal and aII rivers
and sbreams draining into it.n fd. The Port, Gamble KIaIIam
Bandr the Hakah Tribe, Ehe Tulalip Tribes of Washington, and the
Suquamish Tribe objected to the Skokomish Tribers. primary right,
regues t,.
4. The Skokonish Tribets primary right request was ini-
t,iated to proLect Ehe Tribers vital inLerests in the Hood Canal
fishery. Since time immemorial, members oE che Skokomish Tribe
and its aboriginal predecessors have relied for Eheir Iivelihood
on Lhe Hood Canal f ishery. Today t,he S-kokomigh Eribe continues
t,o be entirely dependent on Ehe Hood Cana] fishery for lts catch
because iL has no esEablished usual and accusEomed Eishing places
outside Hood Cana1 arid th-e rivers and sEreams draining into it.
Bistorically, subsbanEial numbers of CIallam Indians have also
f ished in nood Canal and 1ii riV-erf antl stre-arns draining into iE.
today the KIaIIam Bandsr Erhd part,icularly the Port Gamble Band of
KIaIIam Indlans, continue to have a st,rong inEeresE in access to
and proE,ection of the Hood Canal f ishery.
5. The SLipulating Parties agree to Che entry of che
foltowing -findings of fact co dlippor't t,his agreenent:
1{rcNwIne.
&
laY orrl.rr ot
Ler{'rg. CoLDyenr
Sc xonn
&lllcrrD BrrEro
Hood Canal Agreemeht, - 3
co6! 6'32.000!
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A. on and before January 6r 1855, the date Ehe Treaty
of Point-No-Point was executed by its signaEoriesr Ehe
Skokomish Tribe, t,hrough its aboriginal predecessors t,he
Twana Indiansl exercised legitimat,e territorial control over
t,he Eood Canal fishery, including Hooal Canal and aII rivers
and st,reams draining into it. This Eerritorial cont,rol was
t,he product, of : (1) t,he proximity of ttood Canal and its
dralnage basin t,o Che crinter villages and sumrner camping and
€ishing grounds of the Twana people, l2l the higtt €requency
of use of Che tsood CanaL anil the rivers and streams draining
inEo it by the fwana Indians; (3) a contemporary conception
among t,he Coast Salish Indians (of thom t,he St.ipulating
Part.ies are consEituent groups) that Hood Canal- and the
rivers and streams draining lnEo it, were tegitirnately in the
possession of Ehe f,Yana people and subject to use by oEhers
only upon invit,at,ion and permission given by the Twana, (4)
behavior oE the Stipulating ParEIes consistent 'rrith a muEual
recognition that, the Twanas controlled Lhe Hood Canal
f ishery, including llood Cana} and all rivers and st,reams
draining inEo it,.
B. The ClaIIam Indians, Ehe aboriginal predeces.sors of
Ehe St,lpu1ating KIallam Bands, and the Twana Indians enjoyed
a strong and cordial relationship aE, and before treaty t,ime.
This relationship was unlque in degree to the t,wo peoples and
llttcHerl nE,
&
:Ji oFrr<aa o!
LBwts. GorovenK
Scrlonra
Hood Canal Agreement - 4
@ .Y^n.rD lurpEoSMrrra,S 016 ottoa
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tras Eounded in a com:non culture, mutual- respecE and admira-
tion, and resulLing marrtage and rlt,ual ties. The Clallam
villages were sltuated aE Ehe mout,hs of rivers draining into
the Strai.E of Juan de Fuca. Each year significant numbers of
Claltam Indians would travel from ttreir villages to sites on
Hood Canal to fish with the T"!rana. Most,, if not. aII, of
these CIaIlam visitors were-"ma-rii-age relativeS of twana
Indians. The Cla}lam who fished on Hood Canal clid so with
the understanding Ehat, the Hood -Canal fishery was Twana
territory. There is no widence that the Twana people ever
attempted to, or did, exclude Cla1lam fishermen from the Hood
Canal Elshery, or that any need to do so ever arose. Because
oE ttreir shared culture and Ehe perceived lmporEance of
favorable relations beEween che Clallam and Twana peoples, it
is likely that the Twana people $relcomed and affirmatively
encouraged Clallam friehtls'ind marrlage relabives to come to
the Eood Canal area Eor fishing, as weII as for sociaiizing
and ritual acEivities. The clallam reclprocated by inviting
Twana people to thelr villages as guests and relat,ives.
5, The Stipulating Parties hereby agree to the introduction
and consideration by the Court of the following evidence in eup-
porE oE the above-seated findings:
A. Dr. Barbara [,ane, "Anthro;lological Report on the
Itlentit,y, Treaty Status and Fisheries of the Skokomish rribe
of Indlans ,'r Exhibit USA 23 i
L.v Otr!<rr o!
Itlrcmr't pe. Lewts. 6oroxenx& Scxoen
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Hood Canal Agreement - 5
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B. Dr. Barbara Lane, "Skokomish Usual and Accustomed
Fishing Places in Eood Canal: A SupplemenEal Report'
(Februaryr I98I), filed on June 17, 1981, as Exhibit A to
Skokomish rribe's RequesE for DeEermination herein;
C. Deposition of Dr. WiIIiam W. Elroendorf
(Eebruary 25-26, 1982), taken and lodged herein;
D. Dr. William W, ElmendorE, The Struct,ure of Trrana
Culture, !{gnog5ap.!_ic Supple-menE No.. 2; Rgsggrgh Studies,
Volume 28r No. 3 (September 1960) (wit,h comparative notes on
t,he structure of Yurok culture), at,t,ached to the deposiEion
of Dr. Elmendorf as Exhibit. 2;
E. .{1I prinary and secondary sources to t,he exEent
referred Eo in Ehe foregoing documents.
III.
TERMS OF TEE AGREEMENT
In consideration of the rnutual promises cont,ained in this
AgreemenL, the St,ipulating Parties hereby agree as follows;
7, A. The Skokomish Tribe has the primary right co fish
in che Eood Canal fishery. As used in this AgreenenL, che term
"Hood Canal fisheryl includes all waters oE Ehe tsood Canal south
of a Iine dra'*n between Foulqreather Bluff and OIeIe Point, and
all rivers and streans dralning lnto ilood Canal. The prinary
right of ehe Skokomish tribe is an aboriginal righe of Lhat tribe
confirmed and preserved by the Treaty of Point-No-Point (12 Stat.
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ld Orr(8a o?
IYrctr\a'r RE. Lewts. GoroxaRx& ScRoRP
SBrrr!.S^rntrorar ooioa
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Hood Canal Agreemenc - 6
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933). (See United SLg-tes v. Lower. Elidha Tribe, 542 E.2d 1I4I
(9th cir.)r cert. denied,
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102 s. ct. 320 (1981).)
B. Because of the close relaEionship that exlsts and
has exist,ed between the Skokomish Tribe and the Klallam Bands and
because they have tradit.ionally fishect together !n itood Canal
sharing the fishery resources ln a mutually acceptable manner,
the St.ipulating Partles furEher agree thaE norEh of Ayock Point
on Hood Canal the Skokonish Tribe and Ehe KIaIIam Bands may exer-
cise their respective treaty fishing rights wlEhout any Iirnita-
Eion or control whaEsoever by any of the Stipulating Parties,
except as the Stipulating Parties may mutually agree by compacE
or otherwtse. The Skokomish Tribe specifically agrees thae it
will not, under any conditlon or fcir any reason whabsoever, exer-
ciae or seek to exercise it,s prinary righL on Eood Canal north of
Ayock poinc, or on the st,reans and rivers draining into Hood
Canal north of Ayock PoinE, againsL any of the oEber St.ipulating
Parties without its or their express consent.
8. The parties agree that. the usual and accusEomed fishing
grounds of the Por.t Gamble Band and tower Elwha Band as set forth
in Lhe lCorrecEed Order Re: Itequest for DeLermination of Port
Gamble and tower Elwha Usual and Accustomed Eishing Places'i filed
October 28, 1981, be revised to excl-ude the Skokonish River and
all of iEs t.ributaries from K1allam usual and acsusEomed fishing
areas. The intent of Ehe parties is that ttre KIalIam usual and
Hood Canal Agreement -Lav Crrr!, *
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7
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accustomed fishing areas shall include arr oE Bood canal and t,he
streams drarnlng into Hood canar except Ehe skokomish River and
all of iEs tributaries, buE that fishing in Hood Canal and t,he
st,reams draining inEo llood canal sharr be subject Eo t.he primary
right of Ehe skokomish Tribe as set,. forth in paragraph 7 of t.his
AgreemenE. ro that end, the parEies agree that findings of fact,
3i1r and 342 of the co.urtts octobet 28, r9gL, order be revised to
read as follows: -
34I. The usual and accusEomed fibhinggrounds of the port. Gamble 'Band of KlaalamIndians include the waters of bhe St,rait ofJuan de Fuca, and all the strearns drainlnginbo the StraiE Eroro t,he Hoko Rlver east Eothe mouth of Hood Canal. in addiLion, EhePort, Gamble KIaIlam Band has usual andaccustomed f ishing right.s. to. ttre Sekiu River,but. the fishing on this river shall be subjectto the conErol an regulation of the llakahIndlan tr1be. Furthermore, the usual andaccustorned fishing grounds of Lhe port GambIeKlallam Band include the waters of the SanJuan Lsland archipelago and t,he wat,ers oEf bhewest, coasE of Whitibey Island. The usual andaccustomed fishing grounds of the port GambleIOaIIam Band also include Bood Canal and aIIstreams draining into Eood Canal excepE t.heSkokomish River and aII of its trrbutaries.
342, The usual and accustomed Eishinggrounds oE the Lo$er Elwha Band of Klallamfndians include, in addit,ion to t,hose deter-mined in the Order of Aprrl 1g, 1975, 459F. Supp. at 1049r and Lhe Order of tlarch 10r1976, 459 F. Supp. at. 1066, the waters of theSan Juan Island archipelago and Ehe waters offthe west coast of. gJhidbey Island and HoodCanal and alL sLreams drain-rng int,o Hood Canalexcept, the Skokomish River and all of it,stributaries.
Ld Orrrc!r otlt'tcrsr ltE, Ler+rs Gor.oy.rnx& ScxoRR
Hood Canal Agreement - g
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9. The parLies recognize that Ehe Jamestown Band does not
yeE have adjudicated uqual and accusEomed Eishing areas and are
currenEly fishing pursuant to an int,erim order. The parties
agree that erhile Eishing pursuanE to any interim orders, the
Jailesto$rn Bandrs Ereaty fishing righbs in ttood Canal and the
screams draining inLo Hood Canal shall be as follows:
The usual and accustomed fishing grounds ofthe Jamestown Band of Klallam Indians include
Hood Canal and aLl sEreams draining inEo Hood
Cana1 excepE the Skokomish River and all ofies tributaries.
Nothing in this paragtaph shall have the effect of waiving or
qualifying any objection to the final determlnation of usuaL and
accustoned fishing areas of. the Jamestown Band by any of Ehe
other Stipulating Parties.
10. Resolutions of che governing bodies of the Stipulating
Part.ies are attached hereto in support of this Agreement.
Dated:./O- /5-yL
Counc I
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Datsed:10- 06 - g)-
Dated:/0* I - 8)-
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,KIaIlam Band
rman,
KIallam Band
Itrrcrwt ne, Lewrs. 6orovrnr& ScconR
Ilood CanaL Agreement - 9
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KI aIlam and
Presented by:
EISENEOT{ER, CARLSON, NEI{LANDS,
REHA, HENRIOT &
Atcorneys Eor Port GambleKfaIIam Tribe
WICKT.IIRE, LEWIS, GOT,DIITARK
& SCEORR
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Da ted :
lThe United States wiII
foregoi'ng egreeinent. I
aryAttorneys for S shTribe fon Skokomish Tribe's
Primary Rtght Request.I
torney for SkokomiTribe lon Porc Gamble UaA
Request l
file a separate statement on the
Dated:
A ney for James
Kl.a11am Band
Hood Canal Agreemeht - 10 la Ork"r ot
It?cKurI RE, Levts. Oororen r& Scxonn
Sart!a,liNltolot gatq
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^ :'rti u.& DisIRh:T
REC.MMENDATT.N oF spEcrA. no"r"o ""ffilf t
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PursuanE to the auEhorlty conferred upon rT.e by the Anended
Order of Reference to Special l{astcr (Prirnary Right ot Skokonish
Indlan Tribe in Hood Canal), entored hereln or June 13, 1982, r
have reviewed and hereby recommend that the CcurE apProve the
foregoing llooC Canal Agreement to the extent lL concerns the prl-
rnary rlght of Ehe Skokomish ?ribe ln the tlood Canal fishery in
relation to the KlalIaB Bands named in the ag:'eemerrt.
fhe matter referred to In paragraph 8 of t.he Hood Canal
Agreement, (dispute concernlng location of KlaJlam usual and
accuetomed fishing places in the Hood Canal fishery) has noL been
referred to me and is presently pendlng beEore Ehe CourE.
Accordingly, I make no reconilrendatslon concerni.ng the contents of
that paragraph.
Dated FtLtaana eA 11E )
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Robert E. CooperSpecial llast,er
ORDER
Upon revlew of the foregotng ttood Canal A-<lreemenE and con-
sideration of Ehe recorrnendation of Special M:rster Robert e.
Cooper concernlng thaE agreement, the Court. fi.nds thaE the
agreement .repre€enbs a Eair.ancl egultable sec,olution between Eha
$ rcrr':
l+ Carrcr,9,
ns, LEwts. Gor-Dx^nx
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Hood Canal Agreenent - I1
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Skokomish Tribe and the named K1al-Iam Bands of the lnaLters lden-
tified therein, and lt ls therefore
ORDERED thau the foregoing Eood Canal Agreement is approved
and the Lerma thereof are binding upon the par:ties to the
agreement; and it is
FURTIIER ORDERED that the United Stetec sul>mit an appropriate
form of order to ef,fect the revlslon of flndlrrgs of fact 341 and
342 of the Courtts October 28t f981 Oraler, as provided by
paragraph I of the foregoing Bood Canal Agreenent.
Dated
tlal-ter E , Craig
United St:aEes Dlstri ,f udge
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Hood Canal Agreement - 12
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Skokomish Indian Tribe
Natural Resources Department (360) 877-5213
N. 541 Tribal Center Road Fax (360) 877-5148 Skokomish Nation, WA 98584
April9n,20l8
Patty Charnas, Director
Jefferson County Community Development
Jefferson County Courthouse
P.O. Box 1220
I 820 Jefferson Street
Port Townsend, WA 98368
t-360-379-4493
Dear Ms. Charnas,
Jefferson County and the Statesman's Group have been working with Skokomish
Indian Tribe for over a decade to ensure that the Tribe's cultural and environmental
concems with this project are addressed. The Skokomish Indian Tribe's culture and
livelihood are directly linked to the health of the Hood Canal. It is of the utmost
importance to the Tribe that this project is done in way that works to ensure that it will
not impact the health of the Hood Canal or the associated uplands. At this point in time
the Tribe believes that the measures proposed under the development agreement and the
current development plan will most likely not impact the health of Hood Canal and its
uplands.
The Tribe had concerns with the potential water quality impacts from the project
because of the unique water situation at the project site and it's vicinity to Hood Canal.
After several iterations the Skokomish Tribe feels that the new reduced foot print of the
golf course, monitoring wells, and other measures put into place will reduce the potential
for water contamination from the project and offers a satisfactory way to monitor water
quality at the site.
The Tribe had concems about Elk populations that are known to use the area. The
most recent version of the plan has taken steps to address these concerns and the Tribe
feels that the proposed measure are adequate to protect and deter the Elk, so they will not
be at risk from this project.
The Tribe had concerns with the site being a culturally significant area to the
Skokomish Indian Tribe. Jefferson County has worked closely with the Skokomish
Tribe's Tribal Historic Preservation officer (THPO) to address these concerns. At this
time the THPO feels that the measures Jefferson County and the proponent of this
project, have taken will ensure that the existing sites and any incidental cultural findings
found during construction will be handled in a respectful way with full coordination
between the THPO, the project proponent, and Jefferson County.
Prepared by; Randy Lumper Habitat Policy Analyst for the Skokomish Indian Tribe
i]
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The Skokomish Tribe reserves the right to continue to comment on any changes
and issues that may arise from the implementation of this project.
There are many types of industrial development that can occur in a watershed, and
the Skokomish Tribe recognizes that development is going to occur, however to be able
to guide the type and extent of that development is critical to maintaining a healthy
ecosystem for the Hood Canal. The Tribe appreciates that Jefferson County and the
Statesman's group have worked very closely with the Tribe to address the Tribe's
concerns.
Sincerely
Joseph Pavel, Director
Skokomish Natural Resources Department
jpavel@skokomish.org
Skokomish Indian Tribe
80 North Tribal Center Rd
Skokomish, WA 98584
r-360-877-s213
Prepared by; Randy Lumper Habitat Policy Analyst for the Skokomish Indian Tribe
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