Timeline

Important milestones and events in tribal relations to our sacred fishery.

Before colonization

Food in abundance—clams, oysters, mussels, crab, whale, steelhead trout, salmon, halibut, smelt, candlefish, camas root, berries, native vegetables, hops, deer, elk, bear, mountain goat, etc. Diverse harvesting and food preservation technologies: i.e. spear fishing, gill netting, weir fishing, reef-netting, whaling, jacklighting. Complex regional trade system: “Because the food and other trade items were so plentiful, people had to become specialists in order to produce goods for trade. One could not simply smoke salmon because everyone did. Rather, the different villages had to develop specialty items that would be coveted by other tribes in order to participate in the trade.” – Vine Deloria, Jr.

First European arrival

1782: First indication of European presence, (Nootka Sound, Cook expedition)

Smallpox plague sweeps through Puget Sound. Disease strikes twice more by 1850, reducing native populations by nearly 80%

1788: Captain Gray Expedition to Chinook territory, what is now the Columbia River

“I was received at my landing by an old chief who conducted me with Mr. Smith [another officer] to his house; seated us by a good fire; offered us to eat and drink of the best the house afforded; which was dried fish of various sorts, roasted clams and mussels. Water was our drink, handed in a wooden box with a large sea clam shell to drink out of; the chief’s son attended me, opened my clams, roasted my fish, and did various other kinds of offices in which he was pleased to engage. After this entertainment we were greeted with two songs, in which was frequently repeated words, ‘Wakush Tiyee a winna’ or ‘Welcome traveling chief.’” – John Hoskins, Officer on the Gray expedition

 

Unfortunately, while the chief was busy entertaining the officers of the ship, a crewman killed a tribesman and the then ship fled the area.

1792: British Expedition under Captain George Vancouver

Islands, straits and mountains are given the names they are currently known by.

1805-08: Forts St. James, McLeod, Fraser, and George are built.

1811: John Jacob Astor builds Fort Astoria

Fur trade increases in the region.

1818: The United States, and Great Britain make a ten-year agreement

Citizens of either country could settle in what was then known as the 'Oregon Territory'.

1820s-40s: Relative peace is enjoyed between Natives and the immigrant population

1835: Jason Lee is the first missionary (Methodist) sent to the region

He establishes a mission in the Willamette Valley near the Oregon coast.

1838: Puget Sound Agricultural Company is established

1843: The Great Migration along the Oregon trail begins

1852: Word arrives among tribes of the massacres of many Californian tribal villages by miners

Tribes brace for onslaught of new immigrants.

1853: Washington territory is created

Treaties and Reservations

1854: Treaty negotiations begin

Governor Isaac Stevens insists on using an old Chinook trade jargon to explain the provisions of treaties. The jargon consisted of fewer than 300 words, including Indian words, some English, and some French. “I could talk the Indian languages, but Stevens did not seem to want anyone to interpret in their own tongue, and had that done in Chinook. Of course it was utterly impossible to explain the treaties to them in Chinook. Stevens wanted me to go into the war but I wouldn’t do it. I know it was his bad management that brought on the war, and I wouldn’t raise a gun against those people who had always been so kind to us when we were weak and needy.” – Owen Bush, treaty session attendee

 

“Governor Stevens was intoxicated and unfit for transacting business while making these treaties” – Ezra Meeker, Author

1855: Lack of clarity in treaty provisions leads to conflicts exacerbated by misleading information printed in newspapers

Unlawful land grabs result in the displacement of several Native villages by squatters.

1856: Outraged tribes attack the settlement of Seattle, and are put down by shelling from warships in the harbor

Conflicts ensue over the next three years, in which Stevens encourages the fight against the Indians by organizing “volunteer” companies which were groups of bandits that raided tribal villages.

1860: Agents implement policies dictating that “all Indians” be farmers

Such policies were meant to ensure the acceptance of white ways by the Indians. “The land on the Tulalip, Madison, and Swinomish is of such a poor quality that it affords but little encouragement to the Indians to follow farming as a business, for with the exception of a few small sails or marshes it is high and gravelly, and thickly covered with a dense growth of fir, cedars, and spruce. It requires an immense amount of labor to clear a few acres and even when in a fit condition for planting the yield is so small that it is truly discouraging, and would tax the continuity of a more industrious and determined people.”— From an annual report by the Indian agent at Tulalip (1879)

1879: The first tribal council is established at Puyallup

By the mid 1880s nearly every reservation has its own council, police force, and a system of tribal courts.

Fish Outlaws

1889: Fish Outlaws

Washington is admitted as a state. Immediate questions of jurisdiction over tribal lands and resources are raised between the state and federal government.

1892: Makah Whaler

In a case brought against a Makah Whaler, Judge Hanford makes a ruling reversing the provision of treaty rights which have been upheld for over 40 years.

1896: Judge Hanford rules against the Yakimas

He uses the same arguments used in deciding the Makah case.

1897: William Brinker, U.S. Attorney for Washington, files suit against the Alaska Packers Association on behalf of the Lummi tribe to restore their rights to their fishing grounds at Point Roberts

Judge Hanford is given the case and rules against the provisions of treaty rights for the third time in five years.

1905: The Yakima case is appealed to the Supreme Court. The court rules in favor of the Indians. 

“From 1905 on, Indians would be in court almost continuously trying to defend their fishing rights against the intrusions of white fishermen.” – Vine Deloria, Jr., Author

1913: Harry Price (Lummi) allows himself to be arrested in order to make a test of treaty fishing rights, which the state fish commissioner agrees will settle the question once and for all

Lummi wins the case, but the outraged commissioner announces that he will continue to arrest Lummi fishermen. Lummi instructs their lawyer to seek a permanent injunction against the state fish commissioner, to forbid continued arrests. He escaped the injunction and persisted in the harassment of Lummi Fishers.

1915: Lummi retaliates by arresting a group of Austrians fishing in Lummi waters

Word reaches the Oval Office. The president, wishing to avoid international conflict instructs that the state fish commissioner cease harassment of Lummi fishers, but antagonism resumes in decades to follow.

1934: A case filed in the late 1920s is decided against tribes

The suit was filed when outraged tribes banded together against the federal government for failure to fulfill treaty requirements, mainly in regard to fishing rights which were being denied while the fish harvesting practices of non-natives went unchecked. “At the headwaters of a short creek emptying into the Puyallup river, which in turn in a few miles poured its accumulated water into the tide water of the Puget Sound, I have seen the salmon so numerous on the shoal water of the channel as to literally touch each other. It was utterly impossible to wade across without touching the fish. At certain seasons I have sent my team accompanied by two armed met with pitchforks, to load up from the riffle for fertilizing the hop fields.” – Puyallup Valley Farmer (non-tribal)

1940s to 50s: Indian veterans returning home from WWII take veteran’s loans and seek to join the non-native commercial fishing fleets in their harvesting of the salmon

But due to the cost of equipment, many Indians are unable to compete in the lucrative deep water fishery, and many return to their canoes and nets along the rivers, harvesting fish for their tables.

1950s-60s: Tensions reignite as salmon catches decline rapidly due to a long history of overfishing by non-treaty fishers, and the instillation of dams

Tension among non-treaty commercial fishermen rise as fish stocks dwindle. Tribal poachers are tried in the media as the culprits responsible for disappearing salmon. The practice of fish and game wardens arresting treaty fishermen resumes. The cases are overturned in federal court, and the state devises a strategy to stop Indian fishing by confiscating nets and boats, upon arrest. By the time the case goes through the state courts, and is finally overturned by the federal courts, fishing season is over. Concurrent with these activities, non-tribal commercial fishermen begin the practice of shooting resident orcas, who they also see as competition for their profits.

1963: A group of tribal members staged their first protest at the Washington state capital in Olympia

They carried signs that read “No salmon – No santa.” After hearing their complaints Governor Rosellini, dismissed them, saying, “Nice to hear your problems. Come back again.”

1964: The tribes stage a “fish-in” to protest the unlawful arrests by the state

Marlon Brando joins the cause. A Nisqually fisher and Brando paddle out into the center of the river and lower a net in plain sight of a fish warden. Brando is let go on a technicality in order to not draw attention to the case.

1966: Indians research fisheries statistics and release the following findings publicly:

"4,500 non-Indian commercial fishermen take an estimated 80% of the salmon in the sound before the runs return to the rivers where the Indians fish." These numbers cause a shift in public opinion.

1966-69: Fish-ins continue and police brutality escalates

1970: “The Great Tacoma Bust” brings matters to a head

More than 600 officers participate in a bust in which several Indians are badly beaten. A bystander captures several photographs, and airs them for a full half-hour on the Dick Cavett Show. Public outcry urges the Nixon administration to file a lawsuit to protect the treaty fishing rights. The state attorney takes the case after being gassed at a tribal encampment during a fish-in.

1971: Indian fisheries activist Hank Adams is shot point-blank in his car by white sportsman

The sportsman called out, “This will teach you damn Indians,” upon firing the gun. Hank survived, but was briefly accused of shooting himself and asked to take a lie detector test. When he requested that outside witnesses be present to hear the results the request was relinquished.

1974: Judge Boldt decision rules that tribes are entitled to 50% of the annual catch

In 1974 the total harvested by treaty fishers was only 12%, while state departments deliberately oversold the number of licenses increasing purse-seine licenses by 32% and gil-net licenses by 53%.

1974 - present: Due to a severe decline in fish populations, treaty fishers have reduced their fleets to only a few boats and tribes have taken up conservation efforts to restore the salmon habitats and to foster the smolts of struggling populations

In retaliation against the Boldt decision several treaty fishers are targets of aggression and intimidation from non-treaty commercial fishers. Tribal students experience increased violence and mistreatment in public schools.

2002: Lummi Nation issues an emergency application for funds in response to the Pacific Northwest Fishing Disaster

The grant application cited, “What is occurring is more than an economic dislocation. It is also part of a cultural dislocation that began over 150 years ago. In 2002 it is finally possible to foresee a Lummi Nation where a majority of its members are not involved in fishing for their basic livelihood. This means both economic and cultural changes that have been effectively resisted for nearly 200 years must finally be addressed…”

2013: An injunction is issued, ordering the state to remove obstructions to fish passage and replace culverts with the worst impact on fish by 2030

The order is upheld in the Ninth Circuit in 2016, and the ruling is affirmed by the Supreme Court in 2018.

Lummi Aquaculture

1919: A non-native buys a tract of land on the Lummi reservation, and claims ownership of adjacent tidelands

Lummi challenges his claim and the courts rule in Lummi’s favor.

1930: A similar claim is made by a man named Stotts

Again, the ruling is made in Lummi’s favor, referring to the presidential order that established the reservation and gave the shoreline to the tribe, and not the individual.

1931: Lummi goes to court a third time to protect its shoreline when a claim is brought by a man named Boynton

Boynton argued that the shifting shoreline had given him a section of beach because the water had intruded on his property lines. The court again ruled in Lummi’s favor.

1967: Lummi learns of plans to locate a magnesium-oxide reduction plant on Lummi Bay

Lummi rejects the plan and proposes an aquaculture, with use of their tidelands as shellfish beds.

1969: The Economic Development Administration grants Lummi $143,220 to begin research and training on the aquaculture

1970: The EDA grants Lummi an additional 1.5 million to complete the project

1971: The aquaculture pond is completed

1972: A large shell-fish hatchery is built in the style of a traditional cedar longhouse

At present it produces 100 million seed oysters a year.