Elk Raise Tensions Between Tribes And Farmers In Washington’s Skagit Valley

Elk graze in Skagit Valley, an area north of Seattle, Wash., populated for centuries by Native Americans and, more recently, by farmers.

Megan Farmer/KUOW

https://www.npr.org/2020/01/18/797000272/elk-raise-tensions-between-tribes-and-farmers-in-washingtons-skagit-valley

Just after sunrise, elk are grazing in a misty field in Washington’s Skagit Valley, an hour and a half north of Seattle.

“It looks like there are roughly 40 animals there,” says Scott Schuyler, a member of northwest Washington’s Upper Skagit Tribe.

These elk are at the center of a conflict that’s unfolding between Native Americans and farmers in northwest Washington. After being nearly wiped out in the late 1800s, the animals are making a comeback in Skagit Valley. Local tribes are thrilled, but the agricultural industry is not.

Schuyler grew up in the suburbs south of Seattle, but, when a court decision reaffirmed his tribe’s right to hunt and fish in the Skagit Valley, his family moved back to their ancestral home.

Schuyler remembers hunting his first elk in 1987, when he was 24 years old.

“I was really proud at the time,” he says. “It’s our tradition, when you get your first animal, you give to your community; you give to your elders. And so I gave most of the animal away.”

But, Schuyler says, some of the Skagit Valley’s farmers and ranchers were not happy that tribal members were moving back, claiming their rights.

Scott Schuyler is a member of the Upper Skagit tribe. He remembers hunting his first elk in 1987, when he was 24 years old.

Megan Farmer/KUOW

“I’ve had a lot of firearms pointed in my direction, a lot of lead being shot in my direction,” he says. “I’ve been peppered with birdshot.”

He says he’s had his tires slashed, his fish stolen. He’s gotten death threats on social media.

Schuyler’s tribe and others are sovereign nations that have treaties with the US government that date back to the mid-1800s. Those treaties guarantee their right to hunt, fish and gather. The treaties also grant them a role in fish and wildlife management.

But Schuyler says some residents and some public officials don’t think the tribe should have those rights.

“And [so] it becomes socially acceptable to attack the tribe, tribal members and tribes’ rights,” he says.

Elk damage farms

Not far from where the elk grazed in a pasture in the early morning, Eileen and Randy Good have worked as dairy farmers and cattle ranchers for more than four decades. The Goods both grew up in Skagit Valley.

Now, Eileen Good says, the elk are “making it impossible for us to survive as a farmer.”

She says the elk knock down fences, eat up pastures and destroy crops.

“I figure we have lost like $36,000 a year due to the elk crossing and wrecking the fences all the time,” Randy Good says.

He points to a Skagit County Assessor’s report that says elk are causing $1.4 million of damage in the valley every year. That number relies on farmers self-reporting the damage, but no one doubts the loss is real and widespread.

Bill Schmidt is president of the Skagit Valley Farm Bureau. He objects to any tribal involvement in elk management.

Randy and Aileen Good have farmed in Skagit Valley for four decades. They say elk have damaged their farm and farm equipment.

Megan Farmer/KUOW

“I mean, it’s like one percent or less of our population is controlling the management of the elk,” he says, “and it doesn’t seem right.”

Historians say Native Americans in the Pacific Northwest have hunted elk for thousands of years. Still, Schmidt maintains white settlers in the early 1900s said there weren’t many Native Americans in Skagit Valley.

And those who were there, he says, “They were not into deer and elk. They were basically fishermen.”

Historians say that claim is incorrect.

But, for Schmidt, this is about something beyond the specifics of deer and elk and fish.

“They’re claiming all these rights because it’s an easy way to have extra rights,” he says. “I think they should be more forthright and try and be — to me — more American.”

The Washington Department of Fish and Wildlife is trying to bridge the divide by keeping elk away from farms, reimbursing farmers for losses and shooting problematic animals.

Wildlife officials will be spending the next three months counting and collaring the Skagit Valley’s elk. Their goal is to minimize conflict while also growing the herd to a more robust population.

Tribal member Scott Schuyler says compromise is difficult because of the pervasive belief that neither elk nor tribes belong in the valley.

“We made this deal with the United States,” Schuyler says. “It was like, ‘OK, well, you’re giving up your land, but, you know what? We’ll let you continue fishing and hunting.'”

“Those same rights are under attack.”

Hearing set on NOAA plan for Makah whale hunts

Makah tribal members process a gray whale after it was harpooned and towed ashore in Neah Bay in this file photo from May 1999. (Peninsula Daily News)Makah tribal members process a gray whale after it was harpooned and towed ashore in Neah Bay in this file photo from May 1999. (Peninsula Daily News)

NEAH BAY — The Makah Tribe would hunt from one to three Eastern North Pacific gray whales annually over 10 years under a federal proposal announced Thursday that could go into effect in 2020, federal and tribal officials said.

The National Oceanic and Atmospheric Administration (NOAA) recommendation threatens to renew divisions between anti-whaling and animal-rights advocates and the coastal tribe, whose last sanctioned whale hunt was in 1999.

“We never ceased continuing to move forward with our efforts,” Tribal County member Patrick DePoe said Thursday. “We’ve been on pause for quite some time. It’s a good feeling to see things starting to happen.”

NOAA has recommended that the federal Marine Mammal Protection Act (MMPA) moratorium that prohibits killing whales and other marine mammals should be waived to allow Makah tribal whaling.

The proposal will be reviewed and commented on at a hearing in front of Administrative Law Judge George A. Jordan at a 9:30 a.m. Aug. 12 at the Henry M. Jackson Building in Seattle.

NOAA’s report and outline of the hearing process will be published today in the Federal Register.

“To waive the MMPA to actually kill whales, that’s a new one,” said Joyce resident Margaret Owens, who with her husband, Chuck, founded Peninsula Citizens for the Protection of Whales.

“We don’t consider the killing of any gray whales acceptable, and we are particularly sensitive about our resident group of 30. We are back into saving whales, which we never did stop.”

Jordan will make a recommendation to Chris Oliver, assistant administrator of NOAA’s National Marine Fisheries Service.

If Oliver approves the waiver, the Makah would apply for a five-year renewable whaling permit with NOAA Fisheries to allow the hunt to proceed, NOAA spokesman Michael Milstein said Thursday.

After 10 years, the waiver would expire.

“We’d have to essentially re-examine everything and assess how things proceeded and see if we would propose a new waiver,” Milstein said.

The tribe, recognized as an aboriginal subsistence whaling group by the International Whaling Commission, would not need permission from the IWC if the waiver is approved, DePoe said.

In May 2007, the International Whaling Commission granted the Makah a harvest quota of up to 20 whales over five years, with no more than five in one year.

The agency’s proposal was announced almost 20 years to day when, on May 17, 1999, Makah whalers hunted and killed an Eastern North Pacific gray whale for the first time in more than 70 years, an event closely chronicled by national media.

The tribe asserted its right to whale under the 1855 Treaty of Neah Bay, under which the Makah ceded thousands of acres of land to the U.S. government.

The tribe applied for the waiver in 2005 to hunt 20 gray whales every five years.

Under NOAA’s recommendation, Makah whalers could hunt up to three Eastern North Pacific gray whales in its usual and accustomed whaling areas on even- numbered years and one on odd-numbered years.

NOAA estimates the population of Eastern North Pacific gray whales is 27,000.

The Eastern Northern Pacific whales would be harpooned, then dispatched with .50-caliber rifles, as the gray whale was in 1999.

Milstein said Makah whalers would hunt in a way that the approximately 192 whales in the Pacific Coast Feeding Group (PCFG) gray whales — including 30 “resident” whales that feed close to Clallam County’s shores and the 200 whales in the endangered Western North Pacific (WNP) gray whale population — would not be harmed.

The WNP population inhabits waters off Russia and visits waters in the the tribe’s usual and accustomed areas.

“Even-year hunts would occur during the migration season (Dec. 1 of an odd-numbered year through May 31 of the subsequent even-numbered year) to reduce risk to PCFG whales,” according to NOAA’s report.

“Odd-year hunts would occur during the feeding season (July 1 through Oct. 30 of odd-numbered years) to reduce risk to WNP whales,” according to the report.

The risk of striking WNP whales during even-numbered years is one in 170 years, Milstein said.

At that time of year, they are off the Russian coast, Milstein said.

If a Western North Pacific whale were struck at any point, hunting would cease, then would resume after further measures were examined to eliminate the risk to that population, Milstein said.

The risk to PCFG whales, a subset of the Eastern North Pacific whales, would be minimized by setting a limit of 16 whales struck with a harpoon over the course of the 10-year waiver period, Milstein said.

PCFG whales have been photo-identified between June 1-Nov. 30 during two or more years between Northern California and Northern Vancouver Island.

If the PCFG population falls below 192, all whale hunting would cease until that number increases to above 192, Milstein said.

The number of strikes, or whales that can be harpooned, would be limited.

Three Eastern North Pacific gray whales could be harpooned during even-year hunts and two could be struck during odd-year hunts.

Sixteen PCFG whales could be struck over 10 years.

DePoe said the tribe revised its waiver application to protect Pacific Coast Feeding Group and Western North Pacific whales.

“We are doing what we need to do to be responsible stewards of our environment,” DePoe said.

DePoe was a high school student in May 1999 when he stood on the beach at Neah Bay and helped haul in the 30-foot gray whale that was killed off Cape Alava.

“That feeling you had, that overwhelming sense of pride in who you are, that cultural, spiritual component that you feel at the moment, it was amazing,” DePoe recalled.

Whaling is ingrained in Makah culture, he said.

“With the anniversary itself and the length of time it has taken to get to this point, this is emotional, it’s very emotional,” he said.

But Owens said in an email that the plan “allows Makah hunters to specifically target our local whales in the coastal near-shore every other summer.”

She said that under NOAA’s proposal, Makah tribal whalers “have full permission” to kill a resident whale.

“There will be much heartbreak and community distress as whales are harpooned, shot and dragged up on the beach year after year.”